HomeMy WebLinkAboutR19-054 Approval of the Special Use Permit for Williams Barn file no. ZS-009034-2019 c '
Commissioner - moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2019- 05i
RESOLUTION FOR THE APPROVAL
OF THE SPECIAL USE PERMIT
FOR THE WILLIAMS BARN
Eagle County File No. ZS-009034-2019
WHEREAS,on or about May 6, 2019,the County of Eagle, State of Colorado, accepted
for filing an application for a Special Use Permit submitted by Cleve Williams (hereinafter
"Applicant") for the purpose of constructing one (1)4,876 square foot agricultural building and
garage (the "Williams Barn")to store personal vehicles, a motor home, garden and agricultural
supplies, and hay in the Agricultural Residential("AR")Zone District to be located on APN
2391-341-02-004 at 850 Vista Hi Drive in Carbondale, Colorado (the "Subject Property"); and
WHEREAS,the Subject Property is non-conforming to the size requirements of the
Agricultural Residential Zone District,necessitating a Special Use Permit for the proposed
Williams Barn; and
WHEREAS,access for the Williams Barn is to be provided via Vista Hi Drive, and
water is to be supplied by a private well and onsite wastewater treatment system ("OWTS"); and
WHEREAS,notice of the Special Use was given to all proper agencies and departments
as required by the Eagle County Land Use Regulations (hereinafter the "ECLURs"), Section
5-210.E; and
WHEREAS,at its public hearings held on May 30, 2019,the Roaring Fork Valley
Regional Planning Commission(hereinafter the "Planning Commission"),based upon its
findings, recommended approval with conditions of the proposed Special Use, and;
WHEREAS, at its regular public hearing of June 11, 2019, the Eagle County Board of
Commissioners (hereinafter the "Board"), considered the proposed Special Use; associated
plans;the statements and concerns of the Applicant,the Eagle County Community Development
and Engineering staff, and other interested persons, and;the recommendation of the Planning
Commission, and;
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WHEREAS, based on the evidence,testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County,the Future Land Use Map (the "FLUM") for
Eagle County, and the Mid Valley Area Community 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, finds as follows:
1. That proper publication and public notice was provided as required by the ECLUR and
state law for the hearings before the Planning Commission and the Board.
2. That pursuant to ECLURs 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, FLUM, and Mid Valley Area
Community Plan including standards for efficient use of the land, mitigation of
visual impacts, and site design that responds to natural characteristics of the land.
(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 ECLURs, Section 3-310,Review Standards
Applicable to Particular Residential. Agricultural and Resource Uses; and
Section 2-110 Definitions of Agricultural Buildings and Garages.
(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.
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(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
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 the ECLURs,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 the ECLURs 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 the Williams Barn, located at 850 Vista Hi
Drive, in the unincorporated area of Eagle County described herein 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. A technical memo written, signed and stamped by a licensed engineer shall be
submitted at the time of Building Permit application demonstrating that the
proposed drainage for the site meets the requirements of ECLUR Section 4-650.
2. An application for an Administrative Variance from driveway improvement
standards shall be submitted,reviewed, and approved for the Subject Property
prior to Building Permit issuance.
3. 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.
THAT,this Special Use Permit shall be subject to review as provided for by the
ECLURs.
THAT,the Board 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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 6th day of August, 2019, nunc
pro tunc to the 11th day of June, 2019.
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COUNTY OF EAGLE, STATE OF
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COLORADO, By and Through Its
fc/bcBOARD OF COUNTY COMMISSIONERS
ATTEST: g
C.-L.4614a,ia 0 P512.I6L,._, cows!. By: /41' ^( '
Clerk to the Board J ne McQueeney
WI t 40% Count Commissione Chair
i Al/
Kat y SP dler-Henry
Commissioner
Matt Scherr
Commissioner
Commissioner lok Q V tic" tL`-. seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner McQueeney 4.i „
Commissioner Chandler-Henry L-u. 4
Commissioner Scherr le1 wi$u.., _AI
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