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HomeMy WebLinkAboutR12-114 Good Earth Landscaping Storage Yard Special Use Permit Eagle County, Co 201302486 • Teak J Simonton 02/05/2013 Pgs: 4 02:32:33 PM Commissioner 5I 1 V '1t- mov REC: $0.00 of the following Resolution DOC: $0.00 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF i COLORADO RESOLUTION NO. 2012 l E APPROVAL OF SPECIAL USE PERMIT Good Earth Landscaping Storage Yard • FILE NO. ZS -2576 WHEREAS, on or about November 12, 2009, the County of Eagle, State of Colorado, accepted for filing an application submitted by David and Melanie Crandall (hereinafter "Applicants ") for a Special Use Permit to allow operation of a Landscaping Storage Yard on their 5.4 -acre property at 1053 and 1021 Valley Road, described as: Lots 3A and 313 Re- subdivision of Lot 3, Arlian Ranch Subdivision > and area 0 f Eagle Count in. the unincorporated ar }, County; • WHEREAS, notice of the Special Use Permit application was given to all adjacent property owners agencies a proper and departments as required by the Eagle County Land Use } €� p Regulations, Section 5- 210.E; and WHEREAS, at its public hearing held November 3, 201 1, the Roaring Fork. Valley Regional Planning upon i g Commission, based 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 -330: REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL AND INDUSTRIAL 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 Good Earth Landscaping, File No. ZS -2576, for a Special Use Permit as described herein, be and is hereby approved, subject to the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Existing trees and vegetation which provides visual screening of the property shall remain in place; existing open vehicle /material storage structure is to remain on the property for landscaping storage yard use. 3. Should the applicant wish to construct larger enclosed storage structure as proposed on the site plan, existing storage structure must be removed. New structure must comply with location, elevations, and dimensions as proposed by the Applicant. 4. Provide dust suppression plan for material storage on the property. 5. Restrict uses to approved site plan; uses shall not expand onto Lot 4A or adjacent properties. 6. Only vehicles and equipment directly associated with the use on the property are allowed; no vehicle or trailer storage will be permitted. 7. No use or storage of hazardous materials on site. 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 13 day of November, 2012, nunc pro tunc to the 13 day of December, 2011. 4 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: o� Gc ,4 By: _ . r" 10- �' ,'�`' .; By: "emall Teak J. Sim. ton c'otni,ik:o° Peter F. Runyon, C airman Clerk to the Board of County Commissioners 41k Ai .., ek Jo ► ,. vney, Commissioner By: _ Qi.c Sara J. F Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: l Commissioner Sara J. Fisher sn + " Commissioner Jon Stavney 1/--- -L. ` Commissioner Peter F. Runyon This Resolution passed by v vote of the Board of County Commissioners of the County of Eagle, State of Colorado.