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Home My WebLink AboutR21-081 Terminating Special Use Permit ZS-344-94 Tree Nursery Eagle County, Co 202123421 DocuSign Envelope ID:0B61BECA-3159-4584-9587-70AE2C0603BC Regina O'Brien 10/18/2021 Pgs: 6 01:11:48 PM REC: $0.00 DOC: $0.00 Commissioner Chandler Henry moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2021- 081 RESOLUTION TERMINATING SPECIAL USE PERMIT ZS-344-94-TREE NURSERY WHEREAS, Woody Ventures, LLC, and Tree Farm RFV, LLC are the current owners of real property previously described as Parcel A of Kodiak Park, as referenced in the Special Use Permit described and defined below(the"Property"); and WHEREAS,Andrew Lane sought and obtained a special use permit for the operation of a tree nursery on the Property (Eagle County File No. ZS-344-94) as set forth in Eagle County Resolution No. 94-87 recorded June 28, 1994, in the Eagle County Clerk and Recorder Records as Reception No. 540101,which is attached hereto and incorporated herein as Exhibit A("Special Use Permit"); and WHEREAS, subsequent to the issuance of the Special Use Permit, the Property became subject to the Tree Farm PUD as amended("PUD"), originally approved by the Board of County Commissioners on June 26, 2017 and evidence by Eagle County Resolution No. 2017-064 recorded in the Eagle County Clerk and Recorder Records as Reception No. 201718206; and WHEREAS,because the Property is now governed by the Tree Farm PUD,Andrew Lane, Woody Ventures,LLC,and Tree Farm RFV,LLC requested that the County extinguish the Special Use Permit issued to the Property as it is no longer needed and is superseded by the PUD. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Special Use Permit (Eagle County File No. ZS-344-94) for the operation of a tree nursery as set forth in Resolution No. 94-87, attached hereto as Exhibit A, and recorded on June 28, 1994 in the Eagle County Clerk and Recorder Records as Reception No. 540101 is hereby extinguished and terminated as to the Property. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety, and welfare of the citizens of the County of Eagle, State of Colorado. MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 12th day of October , 2021. DocuSign Envelope ID:OB61BECA-3159-4584-9587-70AE2C0603BC COUNTY OF EAGLE, STATE OF EAGLE co COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ,—DocuSigned by: . r O By: Absent OIORA� Clerk to TeFgofi so Matt Scherr County Commissioners Chair c—DocuSigned by: _7 O� Jeanne 1VCQueen SAA47A... Commissioner —DocuSigned by: 6uquitputiA4v—tkun,rti Chi Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Absent This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DocuSign Envelope ID:0B61 BECA-3159-4584-9587-70AE2C0603BC EXHIBIT A Special Use Permit DocuSign Envelope ID.0B61 BECA-3159-4584-9587-70AE2C0603BC Commissioner �/ moved adoption • of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 '9 - /7 APPROVAL OF SPECIAL USE PERMIT a Andrew and Jennifer Lane I. y ro cn El Jebel , o FILE NO. ZS-344-94 WHEREAS, Andrew and Jennifer Lane, ("Applicant") did file an application with the Eagle County Departcinent of Community co Development on or about March 1, 1994, for a Special Use Permit 0 for a tree nursery, within the Kodiak Park Planned Unit ' as Development Zone District, in the unincorporated area of Eagle County described as follows: I m Parcel A Kodiak Park oa I-�o and mo co o WHEREAS, based on the evidence, testimony, exhibits, study co of the Master Plan for the unincorporated areas of Eagle County, fi& comments of the Eagle County Department of Community Development, 4 0 comments of public officials and agencies, the recommendation of o the Planning Commission, and comments from all interested m c, parties, the Board of County Commissioners of the County of o Eagle, State of Colorado ("the Board") , finds as follows: why 1. That proper publication and public notice was provided o as required by law for the hearings before the Planning 0 Commission and the Board. ro ao 2. That the proposed special use conforms to the require- ►es w ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will be compatible with existing uses in the area. c 01 . n 4. That the following have been considered: The potential c effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriateness of the physical arrangement of the use 8 on the proposed site, and consistency with the Master f] Plan. 5. That for the above-stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. 1 DocuSign Envelope ID:OB61 BECA-3159-4584-9587-70AE2C0603BC NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: � n That the application of Andrew and Jennifer Lane (Applicant) , File No. ZS-344-94, for a Special Use Permit for landscape nursery within the Kodiak Park Planned Unit Development Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis 0 for revocation of the Special Use Permit: 1. All material representations made by the Applicant in t� the application and public meeting shall be adhered to a, and considered conditions of approval, unless otherwise amended by other conditions '0 2. All structures shall meet the 200' setback; 3. The sign shall be limited to 30 sq. ft. , meet the height/setback calculation and clear vision area requirements and shall not be illuminated. A sign a� permit shall be required; 00 4. There shall be a minimum 50' radii on the returns at each of the access points and the approaches shall be at. 25' wide with the rest of the road graveled to a 20' minimum width. The approaches shall be a minimum of 50' in length and shall be paved. The County Engineer shall approve all construction plans as well as inspect '0 such construction. Magnesium chloride shall be applied ' as needed for dust control; 5. The applicant shall demonstrate to the County Engineer's satisfaction that a CDOT access permit p either exists, or is being applied for and will be issued or is not needed; G, 6. The applicant will provide a left turn slot on Blue Ridge Lane; 7. The wholesale/retail business area shall be clustered as close to the north end of the parcel as possible. 8. The nursery office and storage building shall be restricted to a single story 1000 sq. ft. structure and all equipment shall be screened from view from Highway 82; 9. The number of greenhouses shall be restricted to the 3 shown on the site plan and shall be placed as far to the north end of the parcel as possible; 10. Safety and security lighting shall be restricted to no more than three (3) light poles of low pressure sodium lamps. They shall be of a downcast type that do not project beyond the horizontal nor exceed the height of the facia or roof line of any building, or 12', 2 DocuSign Envelope ID:0B61BECA-3159-4584-9587-7OAE2C0603BC whichever is less, and shall not exceed 5,000 lumens. Greenhouse lights are limited to that needed for plant growth at night. Ground and building mounted architectural lighting is acceptable provided that no C lights cast glare on adjacent properties, rights-of- ways C� or into the night sky. 11. This Special Use Permit is conditioned upon approval of the Kodiak Park Final Plat and associated public improvement plans. c„ 0 THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. os THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. ro 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. rn MOVED, READ AND ADOPTED by the Board of County Commissioners N of the County of Eag S ate of Colo ado, at its regular meeting held the �r day of co , co 1994, nunc pro tunc to the 19th day f April, 1994. 0 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY cm COMMISSIONERS ro ATTEST: / 'U • O' w By: Sara J. Fisher ohnnette Phillips, Chair an 0 Clerk to th xBcsa d of County Co gars , o opit ,4•4,, t Geor• - Gates, Commissioner cetyra ssioner Commissioner A _Ii !_/J seconded adoption of the foregoing R'solution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips hCp� Commissioner George A. Gates Commissioner James E. Johnson, Jr. This Resolution passed by /////LlZ<7UTd7 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3