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HomeMy WebLinkAboutR03-091 Approval of a Special Use Pemit for Camp K-9 File No. ZS-001081~, ~'~ v~°~ ,{~ ~i'F~ Commissioner ~ moved adoption of the llowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - ~~ APPROVAL OF A SPECIAL USE PERNHT FOR CAMP K-9 File Nos. ZS-00108 WHEREAS, Sonja Roeder ("Applicant") did file an application with the Eagle County Department of Community Development on or about 12 May 2003 for a Special Use Permit for a dog daycare and overnight boarding facility in the Commercial General zone district, in the unincorporated area of Eagle County described on the attached Exhibit "A"; and WHEREAS, the Applicant proposes to operate a dog daycare and overnight boarding facility with hours of operation will be from 7:00 AM to 8:30 PM, providing daycare for up to 30 dogs, and for overnight boarding of up to 30 dogs; and WHEREAS, notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearing held on 16 July 2003, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on 29 July 2003; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from IINIIfllIIVIIII IvnII11116111IIIIIIIIVI - ms:,m • Commissioner ~ L° kJ ~'-(9 KJ i moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2003 - ~_ APPROVAL OF A SPECIAL USE PERMIT FOR CAMP K-9 File Nos. ZS-00108 WHEREAS, Sonja Roeder ("Applicant") did file an application with the Eagle County Department of Community Development on or about 12 May 2003 for a Special Use Permit for a dog daycare and overnight boarding facility in the Commercial General zone district, in the unincorporated area of .Eagle County described on the attached Exhibit "A"; and WHEREAS, the Applicant proposes to operate a dog daycare and overnight boarding facility with hours of operation will be from 7:00 AM to 8:30 PM, providing daycare for up to 30 dogs, and for overnight boarding of up to 30 dogs; and WHEREAS, notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearing held on 16 July 2003, the Eagle County Planning Commission, bases' u;~on its findings, recommended approval of the Special Use Permit, with certain conditions; and . WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on 29 July 2003; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from • • all interested parties, and with the modifications imposed by the conditions hereinafter described, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board") finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. The Board has considered Eagle County Land Use Regulations, Section 5-250.B., Standards for the review of a Special Use Permit, and finds as follows: i . Consistent with Master Plan. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Compatibility. The proposed Special Use is appropriate for its proposed location and compatible with the character of surrounding land uses. 3. Zone District Standards. The proposed Special Use does meet the standards of the zone district in which it is located, and does meet the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential Agricultural and Resource Uses. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use does minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 5. Design Minimizes Environmental Impact. The proposed Special Use does minimize environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 6. Impact on Public Facilities. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. 2 • 7. Site Development Standards. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. 8. Other Provisions. The proposed Special Use does comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Sonja Roeder, File No. ZS-00108, for a Special Use Permit for a dog daycare and overnight boarding facility in the Commercial General Zone District described herein, be and is hereby approved, subject to the conditions as set forth herein. Copies of the Site Plan is attached as Exhibit "B" and incorporated by reference into these findings. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: The following requirements shall apply: a. Noise generated by this use shall conform to the commercial and industrial standards set forth in the applicable Section of the Land Use Regulations. Noise levels shall be measured along the walls of the adjacent uses and no more than 50 feet from the front of the building. b. All animal refuse shall immediately be placed in metal or plastic trash containers, with plastic liners and air-tight lids. c. A copy of all Department of Agriculture inspection reports shall be provided to Eagle County Department of Community Development. 2. This Special Use Permit shall run for the life of the Applicant's lease and shall not run with the land. 3. This Special Use Permit is subject to review after one year, and is subject to the provisions of the Land Use Regulations regarding termination if the conditions of approval are violated. 4. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. • • 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 Board hereby fmds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County~-Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the y,~T%- day of. , 2003, nunc pro tunc to the 29~' day of July 2003. o~ ~~o~~ ATTEST: ,~ ~© COCORA~O By: ~ l~r/_'/~~ ~LZ Teak J. Simonton Clerk to the Board o County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Mi iae11 .Gallagher, Chairman Arn M. Menconi, Commissioner Tom . Stone, C 'ssioner Commissioner 1.~,~Z~ seconded adoption of the foregoing .Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher ~~ ,. Commissioner Arn M. Menconi Commissioner Tom C. Stone This Resolution passed by~ . ? `-~ e of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 . ~~ LEGAL DESCRIPTION . TOWNSHIP 5 SOUTH -RANGE 81 WEST THAT PART OF THE NW1/4NW1/4 OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH P.M., IN EAGLE COUNTY, STATE OF COLORADO, BOUNDED BY THE NORTH LINE OF U.S. HIGHWAY 6 & 40 RIGHT OF WAY #940-9 (CURRENTLY BEING USED AS A SERVICE ROAD TO THE NORTH OF U.S. HIGHWAY I-70); THE SOUTH BANK OF THE EAGLE RIVER; THE WEST BOUNDARY OF SAID SECTION 16, AND THE WEST LINE OF THE COLORADO DEPARTMENT OF HIGHWAYS MAINTENANCE SITE RIGHT OF WAY #1780-17, EXTENDED TO THE SOUTH BANK OF THE EAGLE RIVER, COUNTY OF EAGLE, STATE OF COLORADO. o Exhibit "A" ~ • ~ ~ ~~~ ~ ~ r. ~~ ~ x; ~. ^~ N h a ~ g O e' s: - fiV' ~ 1 w ~; - ~ ' $ _ ~ ~ t ~ ~ ,~ 4`~` t ~ f A ' b .~' A irl •3' .~' f~ '.. sk (~-0 . . v . Sr> ~t ~.F E> ~ . i : ..: ... ... .e .w/.._ '0..~~..0 L 'BLS ';a.. Exhibit "B"