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Home My WebLink AboutR10-154 Gracious Savior Lutheran Church SUP EAGLE COUNTY, CO 201100119 TEAK J SIMONTON Pgs 6 04:54:28PM 01/03/2011 REC: $36.0e DOC: $ 01 01 0 1 0 111 Mill Commissioner 1/ V"- moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2010 - APPROVAL OF SPECIA I, USE PERMIT FOR OPP OF A PRE-SCHOOL / DAYCARE FACILITY AT THE GRACIOUS SAVIOR LUTHERAN CHURCH File Nos. ZS-00143 WHEREAS, Gracious Savior Lutheran Church ("Applicant") filed an application with the Eagle County Department of Community Development on or about June 30, 2006, for a Special Use Permit to allow the use of pre-school and day care facilities within four existing modular units presently located on the Applicant's property in the Residential Suburban Low Density Zone District, in thc unincorporated arca of Eagle County described on the attached Exhibit "A"; and WHEREAS, the Applicant initially proposed that its activities under this special use permit would include up to 60 pre-school students and 9 staff members; and WHEREAS, the Eagle County Planning Commission recommended that the maximum capacity of the pre-school he increased to 75 children with a corresponding increase in staff to 12 persons; and WHEREAS, the pre-sehool / day care facility special use is in addition to the use of the subject property for the Gracious Savior Lutheran Church and customary ancillary church functions. WHEREAS, notice of the Special Use Permit application was given to all agencies and departments as required by the Eagle County Land Ue Regulations, Section 5-210.E; and, WHEREAS, at its public hearing held on August 16. 2006, 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 August 29, 2006; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Comprehensive 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: 1. Consistent with Comprehensive Plan. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the Future Land Use Map of the Comprehensive 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. 2 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. 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 Gracious Savior Lutheran Church, File No. ZS- 00143, for a Special Use Permit to allow pre - school / day care facilities on the subject property, located within the Residential Suburban Low Density Zone District, in the unincorporated area of Eagle County 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 `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: 1. The pre - school / day care operation on this site shall be limited to 75 children and 12 staff members. 2. There shall be no fewer 12 parking spaces reserved for pre - school / day care staff members and 13 parking and for drop -off and pick -up of children available at all times when the pre - school / day care facility is open. 3. 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. 3 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 Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 1- 1. day of .E 1 2010, nunc pro tunc to the 29 day of August, 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: of FAQ o z* I% 1 g aral_ .t._li -.... 9 1, ---- By:diL .,..L., eak J. Si r nton c' • .ra J. Fisher, Chairman Clerk to the Board of ili ��. County Commissioners ‘&■ �' "' w � • d'7 . >-- ' 77v St � er Peter F. Runyon, Commiss er Commissioner A S -1 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher Y ` Commissioner Jon Stavney W-t.. Commissioner Peter F. Runyon AA-- This Resolution passed by ` b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH P.M., EAGLE COUNTY, COLORADO, ACCORDING TO THE DEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE U.S. SURVEYOR GENERAL IN DENVER, COLORADO ON SEPTEMBER 7, 1977 SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHERE THE EASTERLY RIGHT OF WAY OF LAKE CREEK ROAD INTERSECTS THE SOUTHERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 6; A POINT FROM WHICH THE NORTHWEST CORNER OF SECTION 5 BEARS N. 12 DEGREES 14 MINUTES 38 SECONDS W. 2273. 34 FEET DISTANT; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 6 278.97 FEET ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2821.00 FEET, THE CHORD OF WHICH BEARS S. 79 DEGREES 23 MINUTES 21 SECONDS E. 278.85 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY S. 76 DEGREES 33 MINUTES 23 SECONDS E. 100.56 FEET; THENCE LEAVING SAID RIGHT OF WAY S. 19 DEGREES 59 MINUTES 46 SECONDS W. 247.80 FEET; THENCE N. 74 DEGREES 06 MINUTES 46 SECONDS W. 365.20 FEET TO ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY OF LAKE CREEK ROAD; THENCE FOLLOWING SAID RIGHT OF WAY 66.99 FEET ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 479.77 FEET, THE CHORD OF WHICH BEARS N. 14 DEGREES 23 MINUTES 17 SECONDS E. 66.93 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY N. 18 DEGREES 23 MINUTES 17 SECONDS E. 150.47 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. Exhibit "A" L /: d U )§ A ■ �f/ RZ ! o/{ ■ ■ � 0 § 0 � m � � � � 0 U 2 0 m w � Z tD W .62M■ 3 , ■ �| I� ��?