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HomeMy WebLinkAboutR07-143 Colorado Mountain Express Special Use PermitCommissioner (~-~ ~ "I c moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2007 - ~~ APPROVAL OF THE SPECIAL USE PERMIT FOR COLORADO MOUNTAIN EXPRESS, EAGLE-NAIL SATELLITE LOT FILE NO. ZS-00162 WHEREAS, on or about August 9th, 2007, the County of Eagle, State of Colorado, accepted for filing an application submitted by Jay Ufer (hereinafter "Applicant") for a Special Use Permit for a pazking lot, located in the Commercial General Zone District in the unincorporated azea of Eagle County as shown in Exhibit A. WHEREAS, the applicant proposes to operate Transportation Services on the above described property in Eagle-Vail, as part of the operations and under asub-lease of the State Land Boazd and must base all development and uses as shown in Exhibit B; and WHEREAS, per the Eagle County Land Use Regulations, the Commercial General Zone District permits certain uses in a zone district, that aze determined compatible with uses by right allowed in the zone district based upon individual Special Use Permit review of their location, design, configuration, density and intensity of use; and WHEREAS, a Special Use Permit is dependent upon fmdings that there is competent evidence that the proposed use as conditioned, fully complies with all the standazds of Section 5-250.B.; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on November 21, 2007; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Boazd of County Commissioners on December 4, 2007; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated azeas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Boazd"), fmds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Boazd. Page 1 of 4 2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standazds for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit can be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standazds for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use is appropriate for its proposed location and IS compatible with the chazacter of surrounding land uses. (3) Zone District Standards The proposed Special Use does comply with the standazds of the zone district in which it is located and the standazds applicable to the particulaz use, as identified in Section 3-320, Transportation Services. (4) Design Minimizes Adverse Impact The design of the proposed Special Use does adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, pazking and loading, odors, glare, and vibration, it can avoid adverse impact on surrounding lands regazding noise and traffic, and will not create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use will fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (6) Impact on Public Facilities The proposed Special Use is adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, pazks, schools, police and fire protection, and emergency medical services. ('n Site Development Standards It is anticipated that the proposed Special Use will fully comply with all applicable standazds in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use does comply with all standazds imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development chazacteristics. NOW, THEREFORE, BE IT RESOLVED by the Boazd of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for Colorado Mountain Express Satellite pazking lot and the attached Exhibits A and B, located in the Commercial General Zone District, in the unincorporated azea of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: Page 2 of 4 1. If any justified complaints aze reported to the County and confurned by staff due to reflected sun glaze off of the pazked CME vehicles, adjustments must be made immediately to mitigate the nuisance. 2. The applicant must provide a permit from CDOT to plant trees and shrubs within the U.S. 6 right-of-way, which is identified in the landscape plan. If a permit cannot be obtained, the applicant shall immediately submit a revised landscape plan to the County for review and approval by the Eagle County Planning Commission. 3. The applicant must follow the Installation and Maintenance Requirements in the ECLUR Section 4-240, which includes a letter of credit/guazantee/cash bond for 125 percent of the required landscaping in the approved landscape plan; prior to BoCC Resolution. 4. Pazked vehicles cannot exceed forty-three (44) spaces. 5. Applicant shall resurface entrance/apron in spring of 2008. 6. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 7. The applicant must receive an Access Permit as approved by CDOT and the County Engineer. 8. That this Special Use Permit shall expire on December 31~`, 2010 unless otherwise extended by the Boazd of County Commissioners. 9. If on-site snow storage displaces vehicle pazking spaces, the number of vehicles displaced will be stored off-site. 10. If a new Special Use Permit is requested beyond December 31~`, 2010, sidewalks along U.S. Highway 6 will be required. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Boazd hereby finds, determines and declazes that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. Page 3 of 4 MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~°day of D~ 2~ .u_.~rc..~'~ 2007, nunc pro tunc to the 18th day of December, 2007. Y OF EAGLE, A OF COLORADO, By and Its BOARD CO TY COMMISSIONERS ATTEST: `~-~'f'S~'-o e-~' ~ t!~~~" enconi, Chair Clerk to the azd of ,~ County Commiss' ~ ~ BY: 1~`~I . Saza J. Fishe iss Peter F. Runyon, Commissioner ~Sl~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Arn M. Menconi ~ Commissioner Saza J. Fisher a Commissioner .Peter F. Runyon a This Resolution passed by ~ ~ vote of the Boazd of County Commissioner of the County of Eagle, State of Colorado. Page 4 of 4 EXHIBIT A Eagle-Vail Commercial Area Hwy 6 SITE i-7o Co/orado Mountain Express Specie/ Use Permit Zs-00162 e 0 0.0450.09 0.18 Miles irrrirrri -~ Use of this map should be for general and informational purposes only. Eagle County dog not wanant the aocurecy oP the date cor~ined herein. Et1Glf COUNTY .~ / ~~~ITECl~` iQ • by r_ ~ ;\ o ~ ~oz ~s~u~`~~ December 17, 2007 Burner Development LLC PO Box 1-l.~u ?~:i ~[ain Street, Suite (:-lU; 9'U~~G') 3iJ-43 (c) e'n ;G~> >n-t3 (t~ ESTIMATE FOR LANDSCAPING SERVICES Sid Fox Fox and Company PO Box 1372 Edwards, CO 81632 CME Satellite Location Landscaping per 11/20/2007 Landscaping Plan Prepare, Provide and Install all materials necessary for planting beds indicated, including 9 Cottonwood trees of 2-1/2" Caliper, 9 Amalanchiers of #5 size, and 1 Pinyon Pine of 8' height, topsoil, soil amendment, excavation and export, mulch and labor: $7000.00 Irrigation per 11/20/2007 Landscaping Plan Prepare, Provide and Install all materials necessary for drip irrigation to indicated planting beds, up to four zones, including clock, backflow preventer, plumbing for connection, excavation and backfill to roadway standards and labor. Asphalt patch is not in contract. $5000.00 Thank you of the opportunity to make this proposal. Please let me know how I can be of further service. Since ly, ~'~ >> Christopher Burner, Principal Bumer Development LLC ~vvn ~, L5~9.. NON \.rIY1C/~.rmC P1ICIYIICII JJJJV 'VENDOR ID NAME PAYMENT NUMBER CHECK DATE EACiLCODNTY Eagle County 00000000000033510 12/17/200 D0053338 OUR VOU H NUMBER YOUR VOUCHER NUMBER DATE AMOUNT AMOUNT PAID DISCOUNT WRITE-0FF NET 00000000000040986_ LANDSCAPE DEP 12/17/200 $15,000.00 $15,000.00 $0.00 $0.00 $15,000.00 COMMENT 5333~~=' AMERICAN NATIONAL BANK - EWRT, LLC s2-tz~-~o~a " DBA CME/CME PREMIER - ; P.a. sox 5so PH. s7o-gzs-9soo - DATe - aMOUNT vAlr~ co ets5a . ~ 12/17/zoos - $15,oou.Da - PAY Fifteen Thousand Dollar4 And.QO Cents _ _ '~ ,:. _ TO THE Eagle County ,:'_ ' ~ _ _ ,. - - ORDER ilOlF:1 AFTER ~ D - OF , DNA IREL? R $tO,Q~.QQ u~ . II`Q53338iw ~:i0?OOi232~:i9009 ~5i411~ _ _ ,,,