HomeMy WebLinkAboutR96-047 amendment special use permit Daniels~/~~~/
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Commissioner moved adoption of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.96 -
APPROVAL OF AMENDMENT OF THE
Daniels Special Use Permit
12775 Highway 6
FILE NO. ZS-342-96-A
WHEREAS, on or about January 2, 1996, the County of Eagle, State of Colorado, accepted for
filing an application submitted by George H. Daniels, III ("Applicant") for amendment of the Daniels
Special Use Permit, located at 12775 Highway 6, Eagle County, Colorado, File No. ZS-342-96-A; and
WHEREAS, the Applicant requested the amendment of the Special Use Permit to allow for
increased and revised land use of the property and;
~ WHEREAS, notice of the proposed amendment was mailed to all owners of property located
within and adjacent to the 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 hearings for consideration of the application by the Planning Commission and the Boazd of
County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board"); and .
WHEREAS, at its public meeting held February 7,1996, the Eagle County Planning
Commission, based upon its findings, recommended denial of the proposed Special Use Permit
Amendment; and
WHEREAS, at its public meeting hearing of Apri130,1996, the Board considered the Special
Use Permit Amendment application, associated plans and the statements and concerns of the Applicant ,r,
and the Eagle County staff.
Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the
recommendation of the Planning Commission and staff, and comments from all interested parties, the
Board finds as follows:
a) The proposed use can be considered compatible with other existing uses
in the azea.
b) The potential effect of the use on the chazacter of the neighborhood can
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be mitigated.
c) There is adequate physical and legal access to and from the proposed
area.
d) There is adequate water and sanitation service.
e) The physical arrangement of the use on the proposed site is acceptable.
f) The proposed use is not consistent with the Eagle County Master Plan.
g) The Environmental Impact Report has shown impacts can be mitigated.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by George Daniels for amendment of the Daniels Special Use
Permit and is hereby granted subject to the following conditions:
1. The portion of the site shown as "Open Area" on the plan shall be designated as permanent open
space by virtue of the approval of the special use and this resolution. The area of riverbank disturbed
through installation of water pumping equipment shall reclaimed with grasses, trees and shrubs and
river rock as found in the adjacent, undisturbed areas of riverbank by June 1, 1996.
2. Landscaping shall be installed as shown on the landscape plan submitted to Eagle County on
2/18/94 with the following modifications:
a. Landscaping shown as part of the landscape plan shall trot be part of the saleable landscape
stock used for operation of the landscape business. Said landscaping shall be permanently
installed; .
b. The landscaping shown on the property frontage shall include a berm at least three feet in
height or shrubbery included in the tree groupings to augment proposed screening;
c. Landscaping shall be completed in the quantities identified in the February 20, 1996
memorandum (see file) submitted to the Board of County Commissioners as part of the
amended Special Use Permit review process. Said landscaping shall be installed along the
frontage to screen uses on site, particularly the western area designated for dirt and compost L7
storage and in front of the storage yard expansion on the east end of the property. rj
d. All landscaping installed on the site shall be maintained in a healthy condition and shall be
the responsibility of the present or any future owner(s) of the property.
3. Volume of sound, emission of fumes, dust and odors shall be controlled and not projected beyond
the site as outlined in Section 2.07.07 of the Land Use Regulations.
4. To control dust and debris from heavy truck traffic, paving or another surface hardening material, as
detailed by the applicant's dust control plan (see file) shall be installed as often as needed on the
driveways that will be used by heavy truck traffic to enter and exit the contractor's yard facility.
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5. State Department of Transportation approval for access to the site from Highway 6 is required. All
improvements pertaining to said access permit and associated traffic study shall be installed prior to
issuance of any building permit. The existing access permit and traffic study shall reflect the type and
impacts of number of uses on-site.
6. All fabrication, service and repair operations associated with the contractor's yard shall be conducted
within the building. Routine maintenance matters, such as tire changes and accessory attachment, are
allowed outside but within the screened yard.
7. All storage of materials, equipment and vehicles associated with the permitted contractor's yard shall
be within the fenced area.
8. The fence around the contractors yard shall be a minimum of 6 feet high and include the opaque
coated fabric panels as proposed by the applicant.
9. The storage areas at the western and eastern edge of the property that is indicated as storage for
landscape materials (e.g. compost, mulch) shall be maintained in an orderly condition and the height
of any pile shall not exceed 6'. The area devoted to said storage piles shall be limited to the area
marked for said use on the site plan. The area shall be designed (graded and/or bermed if necessary) to
not allow drainage to run-off into the Eagle River.
10. Outdoor lighting on-site shall be restricted to lights that shine downward and if mounted on poles,
are not more than 12' above ground level. The outdoor lighting shall be limited to that shown on the
amended special use site plan (see file).
11. Proposed sign requires sign permit approval. There shall be no signs on the building. The Eagle
County sign code shall apply with one sign total allowed for the contractors storage special use permit.
12. A grading and drainage plan is required prior to issuance of each building permit and must include
the limit of the 100 year Eagle River floodplain.
13. Compliance with reasonable environmental protection criteria, as determined by the Eagle County t~
Environmental Health Division and appropriate State agencies, is required prior to issuance of a any
building permit. Items that must be addressed include but are not limited to stormwater runoff and
retention, groundwater protection, hazardous materials storage, spill cleanup and response, materials
management practices and an ISDS permit for septic systems.
14. A soils report and engineered foundation design shall be submitted and approved prior to issuance
of each building permit.
15. Dogs will not be permitted on the site unless kept within the confines of the fenced contractors yard
at all times to prevent harassment of wildlife.
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16. Wire fences shall not exceed 42 inches in height and in all cases must have a kickspace of not less
than 12 inches between the top two wires. Existing wire fences should be replaced or altered but in
any case existing fences must be maintained to avoid entangling wildlife and when replaced must meet
the above specifications.
17. A copy of the approved well permit(s) must be submitted for review prior to issuance of any
building permit for the site.
18. The special use shall be limited to four contractors. All equipment, vehicles and supplies
associated with the contractor's operations (with the exception of landscaping materials and employee
vehicles) are located within the fenced storage yard.
19. Site and architectural plans as depicted in exhibit A attached to this Resolution shall be
incorporated into the terms of approval of the amended Special Use Permit. Number of buildings and
storage yazds shall be limited to what is shown on the approved site plan and in the locations shown.
20. Construction plans for the wazehouse/office building shall include noise attenuation measures
because the proposed building is located within the noise impact azea of the airport.
21. The wazehouse storage and office building shall be limited to 10,000 square feet, shall be limited to
a height of 35' and may be built in phases. A 1,200 squaze foot vehicle wash or storage structure shall
be permitted to be constructed inside the existing screened storage yazd. When the wash bay phase of
the 10,000 squaze foot building is constructed, the wash use of the 1,200 building shall be
discontinued and said building shall be used for storage.
22. The temporary office trailer currently located in the fenced storage yard shall be removed upon
completion of the first phase of the office building completion or by April 1, 1997, whichever occurs
first.
23. In conformance with the underlying zoning and the intent of the Special Use Permit, retail sales
aze not an allowed use on the property.
24. A continuing monitoring program of wildlife on-site shall be instituted in order to determine use
levels and impact. If a problem exists and persists, develop a mitigation program with Division of ._
Wildlife to control use of property by animals and highway impacts from wildlife crossings. This will
be considered each yeaz by the County as part of the Special Use Permit review.
25. The Special Use will be inspected by the County each year for compliance with these conditions.
The Boazd fmds, determines, and declazes that this Resolution is necessary for the health, safety, and
welfaze of the inhabitants of the County of Eagle, State of Colorado.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagl ,State of Colorado, at its regular meeting held the ~~~,(, day of
,1996.
o~ ~ ~; ~ ~ ~~~k~ COUNTY OF EAGLE, STATE OF COLORADO,
~~ ~'''~ ~ '~ By and Through Its BOARD OF COUNTY
~~~~
~ COMMISSIONERS
0
ATTEST: '~ r~,..~a~~
BY: ~_
Sara J. Fisher
Clerk of the Board of
County Commissioners
BY:
George A. G s, Chairman
BY: •Z~ ~,~~~ _~
Ja~rinette Phillips, Commissioner
BY: -~,
James E. Johnson, Jr., Commissioner
Commissioner seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed b~ vote of the Board of County Commissioners of the County of Eagle,
State of Colorado.
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AMENDED SPECIAL USE PERMIT ~ - _'--- ___
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OllNER; GEORGE 'JODY DANDiL4 Di ~' - - - - -
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P.O, BOX 1918. EAGLE, CO. 61831 ~ ~~ - - -
(970) 324-3010 OR •71-0920 ~~ -
DECE118ER 27, 1993 ~ - 1-
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