HomeMy WebLinkAboutR11-102 Rio Grande/Waste Management Special Use Permit EAGLE COUNTY, CO 201116441
TEAK J SIMONTON
IT: Z.00 DOC: 0: 09/06/2011
II 011 I1I1 1 1 I 1
Commissioner VAI it-1 0-- moved adoption
of the following Resolution;
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2011 -
APPROVAL
OF THE SPECIAL USE PERMIT
(RIO GRANDE/WASTE MANAGEMENT)
FILE NO. ZS-3225
WHEREAS, on or about March 29 2011, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Patrick Chirichillo (hereinafter "Applicant") for
the purpose of allowing Contactor Storage/Office in the Rural Center Zone District in the
unincorporated area of Eagle County described as follows:
A 1.067 acre parcel of land, situated in portions of Section 48, Township 15 South, Range
83 West of The Prime Meridian, County of Eagle, State of Colorado, North of Wolcott,
accessed via Highway 131; and,
WHEREAS, the Applicant requested the approval of a Special Use Permit to allow for
Contactor Storage/Office, and;
WHEREAS, notice of the Special Use 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 hearings held on July 6 2011, the Eagle County Planning
Commission, based upon its findings, recommended approval with conditions of the proposed
Special Use; and
WHEREAS, at its regular public hearing offuly 26 2011, the Eagle County Board of
Commissioners (hereinafter "Board"), considered the proposed Special Use; associated plans;
and the statements and concerns of the Applicant, the Eagle County Community Development
and Engineering staff, and other interested persons; and the recommendation of the Eagle County
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Planning Commission.
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, Wolcott Area Community Master Plan, and
the Eagle County Open Space Plan, as well as 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 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. That pursuant to Eagle County Land Use Regulations Section 5 -250.B Standards for the
review of a Special Use Permit:
(1) Consistent with Comprehensive Plan. The proposed Special Use Permit IS
appropriate for its proposed location and IS consistent with the purposes, goals,
objectives and policies of the Comprehensive Plan and FLUM, 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 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, parking and loading, odors, glare, and vibration, it CAN avoid adverse
impact on surrounding lands regarding 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
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waste water facilities, parks, schools, police and fire protection, and emergency
medical services.
(7) Site Development Standards. It is anticipated that the proposed Special Use
WILL fully comply with all applicable standards in Article 4, Site Development
Standards upon receiving outstanding subdivision and access approvals.
(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 Special Use Permit application for Contractor Storage /Office, located in the Rural
Center Zone District, in the unincorporated area 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:
1. Except as otherwise modified by this Special Use Permit, all material
representations made by the Applicant in its application and in public meeting
shall be adhered to and considered conditions of approval.
2. The County will allow for the current temporary non - conforming access for Rio
Grande to persist based upon the current level of service. Per the Vines at Vail
PUD, a permanent access to Vines at Vail is required, and the Rio Grande access
point shall be closed within one year of the Vines at Vail access being initially
accepted by CDOT. Every two years, the county will administratively review the
level of service and traffic operations at Rio Grande for conformance. An increase
over 103 trips as described in Condition 3 hereof will require review and
reconsideration of the Special Use Permit.
3. Access to the Rio Grande site shall be allowed based on the applicant's Traffic
Engineer's Trip Generation of 53 daily trips. The applicant also states that
currently there are vacancies on the site that may become occupied in the
future, giving a total of 103 daily trips.
4. Based on a survey submitted with the previous Special Use Permit at the site,
the northwest corner of the Rio Grande building is within CDOT's Right of
Way, and the driveway access to the eastern portion of the site utilizes CDOT
ROW. The applicant shall enter into an encroachment license with CDOT
within 60 days of recording of this resolution.
5. The applicant shall acquire an access easement or easement agreement from
the contiguous Vines at Vail parcel or other neighboring property owner within
one year of the acceptance of the new Vines at Vail access as deemed
acceptable to Eagle County and CDOT. It shall specify that future access for
the Rio Grande parcel will be needed through said parcel at the time when the
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constructed access at the Vines at Vail parcel seeks initial acceptance from
CDOT. At this time of acceptance the access point at Rio Grande will be
closed. Said easement or easement agreement shall be publically recorded with
the Eagle County Clerk & Recorder's Office.
6. Temporary mitigation improvements. The following improvements shall be
made within 60 days of approval of the Special Use Permit as a condition of
the permit:
a. To the west of the site, remove the "bench" material directly to the west of
the edge of pavement on the Rio Grande parcel and along the CDOT
ROW to the south and west, consisting of approximately 360 lineal feet to
the northern side of the Gallegos access, thus increasing the site distance.
A minimum of 1' from top of grade shall be removed.
b. Work with the property owner on the west side of SH131 adjacent to the
site to keep the area clear of obstructions of the site distance. Any items
that are to be stockpiled on the property should be located as far west as
practical.
c. The existing driveway width is 48'. Narrow the driveway on the northern
side; remove asphalt/gravel at the steeper part and revegetate or restripe,
allowing vehicles to enter /exit the highway without having to navigate this
steeper grade.
7. Any outside storage of trash or garbage shall be placed in wildlife proof
containers pursuant to the Eagle County Land Use Regulations.
8. This Permit shall be limited to the following uses: Contractor Storage of
vehicles, machinery, materials and other accessory uses customarily associated
with these uses and any other uses permitted within the Rural Center (RC) zone
district. Outdoor storage of materials shall be limited to the designated areas as
indicated on the site plan for this location. Parking of vehicles as a primary use,
where vehicles are not related to the permitted and special uses on site is
prohibited.
9. Prior to occupancy by tenant/lessee for "wet" uses (where tenant uses liquids
as part of business), it shall be demonstrated to Environmental Health how
wastewater generated from their cleaning operations is disposed. Any
improper disposal onto the surface of the ground or into storm sewers or
surface water is prohibited and cause for immediate revocation of this permit.
All exterior lighting shall be downcast with shielded bulbs to eliminate glare,
preserving protection of the night sky. Further, lighting should be limited to
motion - sensor lighting where possible.
10. Parking shall be prohibited on Highway 131 right -of -way unless written
/permission is granted by CDOT for such parking.
11. The land owner shall incorporate the conditions of this Special Use Permit as
conditions of the lease for any tenant /lessee for the tenure of this Special Use
Permit.
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12. Any signage for uses on this property shall meet the requirements of the Eagle
County Land Use Regulations; however, signage shall only be permitted on the
office building and not on the buildings used for contractor storage, nor as free-
standing signs. Exceptions to this condition include directional, traffic and /or
parking signs
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 Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 110 day of PM' Sr
2011, nunc pro tunc to the 6 day of July, 2011.
COUNTY OF EAGLE, STATE OF COLORADO, By and
T . • • • Its BOARD OF COUNTY COMMISSIONERS
ATTEST: o f IA e
.1 1 1 ! BY: . .•L..�j �, B , AIA
Te. J. Simont �n cotow►�° �. tavne , ' j
Clerk to the Board of / .r/
County Commissione B .
1,64 I PUN 7 ` Peter F. Runyon, Commi - '.
BY: i e ditei
Sara J. Fisher, Co missioner
Commissioner il, S 1-- ti seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Jon Stavney 0'14/14
Commissioner Peter F. Runyon "
Commissioner Sara J. Fisher V8"— "
This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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