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Home My WebLink AboutR04-118 Eagle River Water and Sanitation District Special Use Permit Employee Housing • • q Commissioner „ /_A■ moved adoption of the following ' eso ution: ro BOARD OF COUNTY COMMISSIONERS O1 m COUNTY OF EAGLE, STATE OF COLORADO M .. N m , c ao RESOLUTION NO. 2004 - l ( U ° tea: APPROVAL OF A SPECIAL USE PERMIT FOR EMPLOYEE HOUSING FOR THE EAGLE RIVER WATER AND SANITATION DISTRICT ° ON BRETT RANCH - TRACT F File Nos. ZS -00121 WHEREAS, Eagle River Water & Sanitation District ( "Applicant ") did file an v o application with the Eagle County Department of Community Development on or about July 16, 2004 for a Special Use Permit for the development of affordable housing by the Eagle River Water and Sanitation District, consisting of four single - family dwellings and five townhouse dwellings on Tract F of the Brett Ranch Planned Unit Development; 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 October 6, 2004, 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 October 26 and November 9, 2004; 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 • • 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: 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 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. 7. Site Development Standards. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. 2 • • 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 Eagle River Water and Sanitation District, File No. ZS- 00121, for a Special Use Permit for the development of affordable housing by the Eagle River Water and Sanitation District, consisting of four single - family dwellings and five townhouse dwellings in the Planned Unit Development Zone District described herein, be and is hereby approved, subject to the conditions as set forth herein. A copy of the Site Plan is attached as Exhibit "A" 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: 1. Prior to issuing any building permit or grading permit for this Special Use Permit, an erosion control and dust control plan and a hazardous materials management plan shall be provided which is satisfactory to the County Engineer and fully implemented throughout the construction of the development. 2. Prior to any construction or improvements pursuant to this Special Use Permit, the site design and construction plans shall be revised to conform to the provisions of Division 4 -6, Improvements Standards, of the Land Use Regulations in a manner satisfactory to the County Engineer, or one or more appropriate Variances from Improvement Standards shall be obtained. 3. A segment of sidewalk/pathway shall be constructed at such time that an adjacent property is required or volunteers to construct a continuation of the sidewalk along this site's frontage with Highway 6 as provided in the Highway 6 Corridor Feasibility Study and in a design satisfactory to the County Engineer. 4. A Subdivision and Public Improvements Agreement and related collateral satisfactory to the County Attorney shall be approved by the Board and executed prior to issuing the initial grading permit or building permit for this site. 5. The Applicant shall make a good faith attempt to negotiate with the adjacent Mobile Home Park property owner to acquire a second point of access to the property through an extension of pavement or other appropriate means and provide to Staff's satisfaction proof of such efforts. 3 • • • 6. 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 Eagle River Water and Sanitation District Employee Housing Site Plan, also referred to as the Cattail Flats Site Plan, attached hereto as Exhibit "A" be and is hereby approved; THAT, the Brett Ranch Tract F Landscape Plan attached hereto as Exhibit "B" be and is hereby approved. 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 finds, 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 C mmissioners of the County of Eagle, State of Colorado, at its regular meeting held the /� day of rC� 2004, nunc pro tunc to the 9th day of November 2004. L COUNTY OF EAGLE, STATE OF COLORADO, G E By and Through Its BOARD OF COUNTY ° y COMMISSIONERS ATTEST: e — 04 otos 41 /21 B `►. By: Teak J. Simo • ton Tom C. ' tone hairman Clerk to the Board of County Commissioners 1/ Michael L. Gallagher, Comm ner Am M. Menconi, Commissioner 4 II A Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Q,v( Commissioner Arn M. Menconi Commissioner Tom C. Stone This Resolution passed by 42(X vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 I �I �rt- f �- � � �rt.>txa• i I � I I' I i I i LO 3 4� M, W/ �� \ Exhibit "A" EAGLE RIVER VILLAGE MOBILE HOME PARK 13 _\ Y \ LOT ` y • L. i. 5. \ y� \ ` \ F MSC ��F %•' T 4'S `F /{ Z o \ 1 -? 3 fta%, ` / TOT LOT LOT 1 TRACT J It I t It RECEIVED / J � / OCT 2 8 2004 Eagle County Community Development OIL \ ` SCALE.' 1' - 30 F� Z N 11 QWQ JWO1 IL Q w F a - wU 3tn it r U QN V � LU W G WW V 1J c � SHEET SITE LIGHTING LEGEND ♦ Post u nt�Wht N.P1ane - 1kk,P AAwkfw 1 g....w+. "m - 0—ft 0 T m M miwd L)OYld JIM L U*AkE •� Y fr b.Miw w.IF R.Is r w 7 0w .n A6wK1. MIf. r r ..r Ift.sftew Mla.f.dtw d .PW a tnrtr f4d1� IW../ Vr it wAft" v r r .w1 n�.nL rA+ rrAr. LANDSCA►LNS SCHEDULE �7 w err wwwar w � .www: sew wo w.r b.r T wwlawrl wo wwww s I oEmU011E 7RQ4 rt Aaa OHM rwww wsM® r jw n ®aww: assets Plw. w_7taw , r w awsa twrw tASwa a A.nM� 1 4 w ! 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