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HomeMy WebLinkAboutR13-013 Cowboy Trucking Home Business Special Use Permit Eagle County, CO 201302484 Teak J Simonton 02/05/2013 Pgs: 5 02:32:33 PM el/e2-1"-' REC: $0.00 Commissioner move DOC: $0.00 of the fi>lhing Resolution: RESOLUTION • of the COUNTY OF EAGLE, STATE OF COLORADO • RESOLUTION NO. 2013 - 1 APPROVAL OF THE COWBOY TRUCKING HOME BUSINESS SPECIAL USE PERMIT FILE NO. ZS -4011 WHEREAS, on or about September 27, 2012, Daniel Martinez (herein after "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit to allow Cowboy Trucking to operate as a home business within the Resource Zone District at 2558 Gypsum Creek Road; in the unincorporated area of Eagle County: .WHEREAS, the Cowboy Trucking home business is to function as follows: 1. Eight (8) dump truck vehicles; which are to be parked, stored and maintained on the subject property during the businesses' low season [November through March]. Inuring the businesses' high season [April - -- October], amaximum of three dump trucks will be parked, stored and maintained on the subject property. 2. Business bookkeeping, dispatch and other office needs are to occur in a home office located within the primary residence on the subject property. 3. Days of operation are Monday through Friday and occasional Saturdays. p Y 4. Hours of operation are typically between-6:00 a.m. and 6:00 p.m. 5. No more than two employees residing off -site may access the subject property at any given time, in addition to the resident employees and owners of Cowboy Trucking. 6. Dump truck vehicles are to be parked, stored and maintained in the northeast portion of the subject property where a large level area was graded and retained, and which is not visible from off-site perspectives. 7. A minimum two -bay garage /workshop to maintain the dump truck vehicles, and to store all equipment, fluids and materials necessary to maintain the vehicles to be erected in the existing screened area of the subject property. WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Corrunission on December 5, 2012 and by the Eagle County Board of County Commissioners on December 18, 2012, and January 22, 2013; and • WHEREAS, based on the evidence; 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 Planning • Page 1 of 5 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 CAN be shown to be generally 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 generally appropriate for its proposed location and IS sufficiently compatible with the character of surrounding land uses. • (3) Zone District Standards. The proposed Special Use DOES comply sufficiently with the standards of the zone district in which it is located and the standards applicable with 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 sufficiently minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN sufficiently avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN sufficiently avoid adverse impact on surrounding lands regarding noise and traffic. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL sufficiently 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 sufficiently served by public facilities and services such as roads, pedestrian paths, potable water and 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 comply sufficiently 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 sufficiently 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: Page 2 of 5 THAT this Special Use Permit for the Cowboy Trucking Home Business, in the unincorporated area of Eagle County described herein, be and is hereby 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 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. That the applicant finalize grading permit (GRAD -8 -08 -2161) for the retaining walls and excavated area on the subject property. The permit was processed by the Engineering Department in 2008, but was never issued by way of the previous property owner paying for and picking up the permit. Therefore, the applicant shall complete the grading per the permit, or shall submit a revised permit if there is a change in the grading. If the applicant is submitting a building permit, the grading portion can be encompassed within the building permit. 3. A onetime Road Impact Fee payment of $2,437.33 must be paid to Eagle County prior to the home business commencing. 4. If the applicant installs gates at the two entrances to the subject property, then the gates shall be setback a minimum of 20 feet from the edge of asphalt on Gypsum Creek Road to allow dump trucks and other personal vehicles to be located safely out of traffic while opening and closing the gates. 5. This special use permit does not allow dumping, or storage of materials [construction materials, soil, dirt, concrete, rocks, asphalt, etc.] which are hauled by or related to Cowboy Trucking on the subject property. 6. Pursuant to the Environmental Health Department comments, the applicant is required to have the existing On -site Wastewater Treatment System (OWTS) inspected by a NAWT certified inspector or Professional Engineer who is well- versed in OWTS, to demonstrate adequacy of the existing system to serve the residential and home business use. If it is required by the BoCC that a garage /shop structure be erected, and if the building is anticipated to be served by an OWTS, it may be subject to registration with the EPA under their Class IV Injection Well program. 7. Pursuant to the Environmental Health Department comments, the applicant shall provide to Environmental Health, a hazardous materials management plan which includes what types of hazardous materials relative to the Home Business are stored on -site, where they are stored, how they are properly used, disposed of, and mitigated in the event of a spill. This hazardous materials management plan shall also be provided to the Gypsum Fire Protection District. 8. Administrative compliance review of this special use permit shall occur in three years, which is January 8, 2015. If the home business is found to be operating in compliance with the terms of this special use permit, then this special use permit shall be deemed approved for the life of the Cowboy Trucking business. In the event that the Home Business is found to be out of compliance with this special use approval, then Eagle County may initiate the process to revoke the special use permit as delineated in the Eagle County Land Use Regulations. Page 3 of 5 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 29 day of January, 2013, nunc pro tunc to the 22 day of January, 2013. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its J BOARD OF COUNTY COM I: SSIONERS AT ., * (1) Al Ctrs: By' ►i ' Clerk to the Board of rz Ji ey County Commissioners i Sara J. Fisher Commis 'onez Jill� . Ryan missioner Commissioner ��2,,,„d seconded adoption of the foregoing resolution. The roll having been called, the vote was as follow Commissioner Stavney Commissioner Fisher fJ Commissioner Ryan This resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado Page 4 of 5 , 4 .,4,,,,*. , t3 , , ' ‘ , ..p '' 4'....' 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