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Home My WebLink AboutR04-062 Edwards Congregation of Jehovah's Witnesses Special Use Permit • • tkP Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - 1X9.3' APPROVAL OF SPECIAL USE PERMIT Edwards Congregation of Jehovah's Witnesses FILE NO. ZS -00116 WHEREAS, on or about February 11, 2004, the County of Eagle, State of Colorado, accepted for filing an application submitted by the Edwards Congregation of Jehovah's Witnesses (hereinafter "Applicants ") for a Special Use Permit for a moderate expansion of the existing church facility parking lot to accommodate additional vehicles and widening of the existing access drive to accommodate parallel parking in the Resource Zone District in the unincorporated area of Eagle County described as follows: A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO ACCORDING TO THE DEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED ON SEPTEMBER 7, 1977. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 5 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 5 BEARS S. 89 DEGREES 45 MINUTES 30 SECONDS E. 1348.44 FEET DISTANT, THENCE ALONG THE EAST LINE OF THE NORTHWEST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 5, S. 01 DEGREES 36 MINUTES 30 SECONDS W. 90.26 FEET, THENCE ALONG THE NORTHERLY RIGHT OF WAY BOUNDARY LINE OF AN ACCESS ROAD ON THE FOLLOWING FOUR COURSES: 1) S. 81 DEGREES 17 MINUTES 00 SECONDS W. 246.30 FEET; 2) 209.31 FEET ALONG THE ARC OF A 533.00 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 22 DEGREES 30 MINUTES 00 SECONDS AND WHOSE LONG CHORD BEARS N 87 DEGREES 28 MINUTES 00 SECONDS W 207.97 FEET; 3) N 76 DEGREES 13 MINUTES 00 SECONDS W 190.00 FEET; I 87940 Pa 7940 4 06/ 04/2004 . 879403 Teak J Simonton Eagle, CO 370 01.06P R 0.00 D 0 .00 4) 137.34 FEET ALONG THE ARC OF A 189.20 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 41 DEGREES 35 MINUTES 28 SECONDS AND WHOSE LONG CHORD BEARS N 55 DEGREES 25 MINUTES 16 SECONDS W 134.34 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 5. THENCE ALONG SAID NORTH LINES 89 DEGREES 45 MINUTES 30 SECONDS E 748.90 FEET TO THE POINT OF BEGINNING; And, WHEREAS, notice of the Special Use Permit application was given to all adjacent property owners, proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and WHEREAS, at its public hearings held Apri121, 2004, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, based on the evidence, 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 Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "the Board"), finds as follows: That proper publication and public notice was provided as required by law for the hearings before the planning commission and the board; and, That pursuant to Eagle County Land Use Regulations Section 5-250.b, Standards for reviewing of a Special Use Permit: 1. 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 is compatible with the character of surrounding land uses. 3. Zone district standards. The proposed Special Use does comply with the standards of the zone district in which it is located and 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 does 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 and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. 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 the Edwards Congregation of Jehovah's Witnesses, File No. ZS-00116, for a Special Use Permit as described herein, be and is hereby approved, subject to the following conditions: 1) Resolution, to the County Engineer's satisfaction , of those technical issues as delineated in the Eagle County Engineering Department Memorandum dated February 23, 2004. The applicant must satisfy this condition prior to the commencement of any site grading work; 2) 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, 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 finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 25th day of May, 2004, nunc pro tunc to the 11th day of May, 2004. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS I," ~ ATTEST: : ~ `~ ~ s~}` YEA , r' ~ / ~ By: znMy.~~` Teak J. Si onton Clerk to the Board of County Commissioners By: Tom C. tone, ~hairmar~ By: By: Arn1GI. Menconi, Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vot was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi This Resolution passed by ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.