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Home My WebLink AboutR23-076 Approval of Special Use Permit for English in Action Headquarters File no. ZS 009341-2023 DocuSign Envelope ID:8FEFCFEE-8B5B-485D-B7D2-8156781212C7 CD U, a CO N cvo Commissioner McQueeney moved adoption c0 N o of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO O U � RESOLUTION NO. 2023- 076 c m o 0 APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR 0 0 t ENGLISH IN ACTION HEADQUARTERS °' •c c�c �' c,w O EAGLE COUNTY FILE NO. ZS-009341-2023 w a CC o WHEREAS,on or about March 31, 2023,the County of Eagle, State of Colorado, accepted for filing Eagle County File No.ZS-009341-2023 (the"Application"), submitted by The Land Studio, Inc. (the"Representative") for English In Action(the"Applicant"); and WHEREAS,the Application requested a Consolidated Special Use Permit("SUP")for 33 Gillespie Drive, identified as Assessor's parcel number 2391-344-11-003 (the"Property"),to allow for the construction of a"Community or Public Building"to serve as headquarters for the Applicant's mission of assisting individuals with learning the English language and fostering cross-cultural community building; and WHEREAS,the Property is zoned Commercial General(CG)and consists of a 1.00 acre lease area of a 104.84 acre parcel more particularly described as set forth in Exhibit A-Legal Description; and WHEREAS, the underlying owner of the Property, Crawford Properties,LLC,has consented to submission of the Application consistent with ECLUR Section 5-210.D.1.a of the Eagle County Land Use Regulations(the"ECLUR"); and WHEREAS,table 3-300 of the ECLUR permits a"Community or Public Building"pursuant to Special Review within the Commercial General(CG)zone district; and WHEREAS,pursuant to ECLUR section 5-250,a Special Use Permit(SUP) is the appropriate mechanism to permit a"Community or Public Building"on the Property; and WHEREAS,in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice of the Application concerning the subject matter of the Application and setting forth the dates and times of meetings for consideration of the application by the Roaring Fork Valley Regional Planning Commission (the"RFVRPC")was published in the Eagle Valley Enterprise and Vail Daily newspapers and mailed to all adjacent property owners on August 24,2023.Notice was posted at the Property on August 23,2023; and WHEREAS, at a public meeting held on September 7,2023,the RFVRPC unanimously recommended approval of the Application with one condition to the Board of County Commissioners for the County of Eagle, State of Colorado (the"Board"); and WHEREAS, in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice of the Application concerning the subject matter of the Application and setting forth the dates and times of meetings for consideration of the application by the Board was mailed to all adjacent property owners on DocuSign Envelope ID:8FEFCFEE-8B5B-485D-B7D2-8156781212C7 October 3,2023.Notice was posted at the Property on October 3,2023.Notice was published in the Eagle Valley Enterprise and Vail Daily on October 5,2023; and WHEREAS, at a public meeting held on October 24,2023,the Board considered the Application,the associated plans, documents,and studies;the statements and concerns of the Applicant; the statements of Eagle County Community Development and Engineering staff;the recommendation of the RFVRPC; and the statements of other interested persons, including members of the public; and WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Planning Department, Eagle County Engineering Department,public officials and agencies,the recommendations of the RFVRPC, and comments from all interested parties,the Board approved the Application by a vote of 3-0 and further finds the following: THAT,the Application complies with the requirements and standards set forth in ECLUR Section 5-250.B -Standards,with conditions, as set forth below: 1. Consistent with Comprehensive Plan. This Application is in substantial conformance with numerous aspects the Eagle County Comprehensive Plan including,but not limited to, Sections 3.2-General Development- The future headquarters will continue to provide a high quality of life helping locals in the area, 3.3 -Economic Resources -EIA supports ways for local to enhance their standard of living, 3.5 -Infrastructure and Services -Water, Sewer and Access are present, 3.7 -Wildlife Resources-EIA is replacing an existing structure and not eliminating additional wildlife habitat, 3.8 -Sensitive Lands -No new impact on sensitive lands is anticipated, and 3.9- Environmental Quality-The new headquarters for EIA will be built to current building codes;the Mid-Valley Community Area Plan including Policies 1.1.4-The headquarters will accommodate community events, 1.1.8 -The headquarters will not negatively impact the surroundings, 2.2.2- The new headquarters is upgrading the existing structure in a more modern building, 3.1.6 - The EIA headquarters will continue to meet the demand for services benefiting the general public with civic facilities,and 4.2.1 -The new headquarters will have no change on protection of natural resources; and the Mixed Use designation of the Future Land Use Map(FLUM)as required by ECLUR 5-250.B.1. 2. Compatibility. The proposed headquarters is compatible with and similar to both existing and permissible uses on adjacent land, services, and infrastructure as outlined in ECLUR 5-250.B.2 because the Property is surrounded by zone districts that allow similar mixed commercial uses through various review processes and because the proposed headquarters is replacing an existing headquarters,which has been in existence since 2005. 3. Zone District Standards. The proposed headquarters is in compliance with applicable Commercial General zone district standards as required by ECLUR 5-250.B.3 and the standards of Section 3-310,more specifically Table 3-340 pertaining to dimensional limitations and site design. 4. Design Minimizes Adverse Impact. The proposed headquarters reasonably avoids adverse impacts to adjacent properties and will not create any visual,traffic/parking, or nuisance issues as required by ECLUR 5-250.B.4. The existing headquarters has been present on the parcel since 2005 and has not generated adverse impacts to date and the future proposed headquarters shall DocuSign Envelope ID:8FEFCFEE-8B5B-485D-B7D2-8156781212C7 mimic the present use. The Application will also minimize any adverse impacts with new landscaping to screen site activities. 5. Design Minimizes Environmental Impact The proposed headquarters minimizes any environmental impact and will not cause deterioration of natural resources as required by ECLUR 5-250.B.5. This Application has addressed and is in compliance with the standards listed in Article 4 of the Eagle County Land Use Regulations(ECLUR)related to the environment and potential impacts to water and air resources,wildlife habitat,and scenic values. The structure proposed is well below the maximum height of an allowed structure and the structure itself will be shielded with the newly proposed landscaping. Water and wastewater services will continue to be provided and there is no proposed impact to water providers. 6. Impact on Public Facilities:The proposed headquarters will be adequately served by necessary facilities and services including roads,water and sewer,police, and fire protection.Access to the property is served by an existing driveway from Gillespie Drive. The Special Use will be adequately served by public facilities and services. The proposed site plan has been approved by both the Sheriff and Fire for adequate access and circulation.A Will Serve Letter has been submitted by the water and sanitation district and the existing path on the east of the Property will be maintained for connectivity north and south of the Property. 7. Site Development Standards. The proposed headquarters will comply with the Site Development Standards of Article 4 of the ECLUR. The proposed parking plan is sufficient under the County standards. The Applicant has requested a dimensional variation to the parking standard under ECLUR Section 5-250.0 in order to obtain desired design qualities. The ECLUR standard requires a 10 by 20 foot parking stall and the Applicant is requesting a 9 by 19 foot stall. This variation is granted as the smaller parking spaces allow more efficient land use patterns and increase the amount of open space on the Property. The road/access and driveway design meets standards from the ECLUR. The Landscape Plan meets the requirements from ECLUR Section 4- 230. 8. Other Provisions. This standard is met as it is not applicable. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,this Application for a Consolidated Special Use Permit is hereby approved, subject to the following condition agreed to by the Applicant, and that violation of any condition shall be the basis for revocation of this approval pursuant to the ECLUR: 1. 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,the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and 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. DocuSign Envelope ID:8FEFCFEE-8B5B-485D-B7D2-8156781212C7 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 19th day of December, 2023,nunc pro tunc October 24,2023. DocuSigned by: e COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS COLOPP� ATTEST: DocuSigned by: DocuSigned/by: 0.1 t,lA, By: r,U,aan,Pu.v—"""-' 1 111 F9D621246806'40... O 1 FEB 03... Clerk to the Board Kathy AO&an �er-Henry Chair ,-DocuSigned by: By: SdU V Maan cnerr 04"... Commissioner DocuSigned by: 04eBy: ''"" GA4 1"Sh 4/A... Jeanne" ctueeney Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Aye Commissioner McQueeney Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado DocuSign Envelope ID:8FEFCFEE-8B5B-485D-B7D2-8156781212C7 Exhibit A Legal Description TRACT A,A RESUBDIVISION OF LOT 37 AND LOT 38,MOUNTAIN MEADOW RANCH, SECOND FILING,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 20, 1983 IN BOOK 361 AT PAGE 972. COUNTY OF EAGLE, STATE OF COLORADO,