HomeMy WebLinkAboutR22-034 Approval for Honey Tree Daycare Annex Special Use Permit File No ZS-009192-2021 Eagle County, CO 202208606
DocuSign Envelope ID:025D1BDO-144A-4B03-A27A-D354475FDC8E Regina O'Brien 05/11/2022
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Commissioner Scherr moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022- 034
RESOLUTION FOR THE APPROVAL
OF THE SPECIAL USE PERMIT
FOR Honey Tree Daycare Annex
Eagle County File No. ZS-009192-2021
WHEREAS, on or about October 4, 2021,the County of Eagle,State of Colorado,accepted for
filing an application submitted by Crawford Properties, LLC, (the "Applicant") for approval of a
special use permit for the Honey Tree Daycare Annex, located at 64 Favre Lane, and legally
described as Tract A, Crawford Properties LLC Minor Type A Subdivision, County of Eagle,
State of Colorado, recorded at Reception No. 201512971 on July 10, 2015 (the "Property"),
which is zoned Commercial General; and
WHEREAS,the special use permit application proposes to expand the existing Special Use of
a daycare center, approved by Resolution R06-028 and recorded at Reception No.200606703.This
Special Use Permit will allow for an additional 2,520 square foot structure for daycare purposes
(the"Special Use"); and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"),
Section 5-210.E - Notice of Public Hearings, notice of the proposed Special Use application
was mailed to all owners of property adjacent to the proposed Special Use and was duly
published in a newspaper of general circulation throughout the County concerning the
subject matter of the application and setting forth the dates and times of meetings for
consideration of the applications by the Roaring Fork Valley Regional Planning
Commission (the "Planning Commission") and the Board of County Commissioners of the
County of Eagle (the "Board"),and;
WHEREAS, at its public hearing held on February 3, 2022, the Planning
Commission, based upon its findings, recommended approval with conditions of the
proposed Special Use, and;
WHEREAS, at its regular public hearing of February 8, 2022,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, as well as the comments of the Eagle County
Department of Community Development, comments of public officials and agencies,
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, the application for Special Use for the Property complies with the standards
in ECLUR Section 5-250.B -Standards for Special Use, as set forth below:
A. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1, the
Special Use, as conditioned, is in substantial conformance with the policies of the
2005 Eagle County Comprehensive Plan including the goals of providing basic
community services, such as school and childcare, as well as, providing the
economic benefits that accompany increased accessibility to childcare. Specifically,
as set forth in the staff report,the Special Use meets the master plan goals,policies,
and objectives while adhering to the Future Land Use Map ("FLUM") designation
and prescribed uses. Areas of conformance include: encouraging the development
of support services, including childcare services. Thus, as conditioned, the Special
Use is in substantial conformance with applicable policies within the Eagle County
Comprehensive Plan.
B. Compatibility. Pursuant to Section 5-250.B.2, the Special Use is compatible with
the surrounding land uses which are all also commercial in nature, aside from
Highway 82 to the south. The additional capacity for 48 students and 4 teachers
will generate at most 52 additional trips in the A.M. and P.M. This amount of
additional trips is not anticipated to have a substantial traffic impact. The new
annex building will make use of the same services and infrastructure as the existing
building. Thus, as conditioned, the Special Use will be compatible with the existing
and currently permissible future uses of adjacent land and other impacted land,
services, or infrastructure improvements.
C. Zone District Standards. Pursuant to Section 3-220.B,Table 3-320, Section 3-330,
and Section 5-250.B.3, the Commercial General zone allows for daycare center use,
subject to a Special Use Permit review. As conditioned, the original Special Use
Permit ZS-00135 was found to comply with Zone District Standards and was
approved in 2006, creating a designated Special Use area for this daycare center
use. The proposed Special Use will be in the same Special Use area and will comply
with the Conditions of Special Use Permit ZS-00135 that are still applicable
pursuant to Condition 1. Thus, the proposed Special Use does comply with the
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standards of the zone district in which it is located and the standards applicable to
the particular use, as identified in ECLURs.
D. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of
the Special Use reasonably avoids adverse impacts, including visual impacts of the
Special Use on adjacent lands, trash, traffic, service delivery, parking and loading,
odors, noise, glare, and vibration, and it will not otherwise cause or create a
nuisance. The new annex will utilize the same trash, service delivery, and loading
area as the existing building. The new annex will also utilize the same parking lot as
the existing daycare center building,however,the application also includes plans to
create an additional parking area.This Special Use is not anticipated to produce any
adverse impacts in terms of odors, noise, glare, or vibration. Finally, through
Condition 1, the Conditions of the original Special Use Permit, ZS-00135 that are
still applicable will continue to be fol
lowed.
E. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the
design of the Special Use minimizes environmental impacts and will not cause
significant deterioration of water and air resources, wildlife habitat, scenic
resources, and other natural resources. Runoff from the new annex building will be
contained on the property, and there will be an area of natural turf surrounding
the new parking area to contain and percolate the runoff from the parking area.
Additionally, this property is zoned Commercial General and is located in a
developed commercial area, adjacent to Highway 82. Thus, wildlife habitat, scenic
resources, and other natural resources are not anticipated to be impacted.
Accordingly, 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.
F. Impact on Public Facilities. Pursuant to Section 5-250.B.6,the Special Use will be
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. The new annex building will be served
by all of the same public facilities and services that currently serve the existing
daycare use at that location. Thus, the proposed Special Use will be 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.
G. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use is in
compliance with Article 4 Site Development Standards. Many of the site
development standards were addressed through the approval of the original
Special Use Permit, ZS-00135. The site development standards that were reviewed
include the driveway, sidewalk,and parking standards.The proposed project meets
the driveway and sidewalk standards. The existing daycare center utilizes a shared
parking arrangement with the business it shares a parking lot with, Bowlski's
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Bowling Alley. Review of the existing parking arrangement identified that the
number of handicap accessible parking spaces did not meet the ECLUR. The
Applicant amended their application materials and included a site plan showing
that a portion of the shared parking lot would be re-striped to provide four
additional handicap accessible parking spaces. Based on the different peak use
times of the two businesses sharing the parking lot, and the additional handicap
accessible parking spaces, it has been determined that the parking standard has
been met. Thus, as conditioned, the proposed Special Use will comply with all
applicable standards in the ECLURs,Article 4, Site Development Standards.
H. Other Provisions. Pursuant to Section 5-250.B.8, no other provisions of the ECLUR
for use, layout, and general development characteristics in addition to those
already referenced and/or addressed have been found applicable to this
application. Thus, the proposed Special Use, as conditioned, does comply with all
standards required 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 this application for a Special Use Permit 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 pursuant to the ECLURs:
1. All applicable Conditions contained in the original Special Use Permit
ZS-00135, as approved through Resolution R06-028 and recorded at
Reception No. 200606703.
2. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public
meetings 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 10th day of May, 2022,
nunc pro tunc to the 8th day of February, 2022.
COUNTY OF EAGLE, STATE OF
�F EAGLE COLORADO, By and Through Its
�P� c�� BOARD OF COUNTY COMMISSIONERS
ATTEST: h .
FDocuSigned by: (` p—DocuSigned by:
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Clerk to the Board Jeanne McQueeney
County Commissioners Chair
DocuSign/e�d''by:
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Kathy Chandler-Henry
Commissioner
r�ADocuuSigned by:
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Matt Scherr
Commissioner
Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Aye
Commissioner McQueeney
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
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