HomeMy WebLinkAboutR05-055 Denial of SUP Loftworks Live/Work Residential Project File No. ZS-00128
Commissioner ti.:~ moved adoption
of th folio g Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 - 05~
DENIAL OF SPECIAL USE PERMIT
Loftworks Live I Work Residential Project
FILE NO. ZS-00128
WHEREAS, on or about February 17,2005, the County of Eagle, State of Colorado, accepted
for filing an application submitted by the Loftworks, LLC (hereinafter "Applicant") for a Special
Use Permit to allow a variety of Home Businesses to operate from each of twenty proposed
townhome units. The subject property is located within the Residential Suburban Low Density
Zone District (RSL) in the unincorporated area of Eagle County described as follows:
Parcell: Tract B, South Forty Subdivision - Filing No.1, according to the plat recorded
February 1, 1977 in Book 252 at Page 237, County of Eagle, State of Colorado;
Parcel 2: All that part ofthe South 12 of the Soutwest ~ of Section 4, Township 5 South,
Range 82 West ofthe 6th Principal Meridian that lies south of the right-of-way of U.S.
Highway 6 as described in the records of the Clerk and Recorder of Eagle County in
Book 127 at Page 742, County of Eagle, State of Colorado.
And,
WHEREAS, notice ofthe Special Use Permit application was given to all adjacent property
owners, proper agencies and departments as required by the Eagle County Land Use
Regulations, Section 5-210.E; and
WHEREAS, at its public hearing held April 6, 2005 the Eagle County Planning Commission,
based upon its findings, recommended denial of the Special Use Permit, and;
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the
unincorporated areas of Eagle County, 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 of County
Commissioners of the County of Eagle, State of Colorado (hereinafter "the Board"), finds as
follows:
That proper publication and public notice was provided as required by law for the
hearings before the planning commission and the board; and,
That pursuant to Eagle County Land Use Regulations Section 5-250.b, Standards for
reviewing of a Special Use Permit:
1. Consistent With Master Plan. The proposed Special Use is not appropriate
for its proposed location and is consistent with the purposes, goals, objectives
and policies ofthe Master Plan and the FLUM ofthe Master Plan, including
standards for building and structural intensities and densities, and intensities
of use.
2. Compatibilitv. The proposed Special Use is not appropriate for its proposed
location and is not 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 Section 3-310, Review
Standards Applicable to Particular Residential, Agricultural and Resource
Uses.
4. Design minimizes adverse impact. The design of the proposed Special Use
does not minimize adverse impacts, including visual impact of the proposed
use on adjacent lands; furthermore, the proposed Special Use does not avoid
significant adverse impact on surrounding lands regarding trash, traffic,
service delivery, parking and loading, odors, noise, glare, and vibration, and
would create a nuisance.
5. Design minimizes environmental impact. The proposed Special Use does
not minimize environmental impacts and would cause significant
deterioration of water and air resources, wildlife habitat, scenic resources, and
other natural resources.
6. Impact on public facilities. The proposed Special Use is not 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.
7. Site development standards. The proposed Special Use does not comply with
the appropriate standards in Article 4, Site Development Standards.
8. Other provisions. The proposed Special Use does not comply with all
standards imposed on it by all other applicable provisions of these Land Use
Regulations 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 Loftworks Live / Work project, File No.
ZS-00128, as described herein, be and is hereby denied.
THAT, the Board of County Commissioners 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 inhabitants of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners ofthe County of
Eagle, State of Colorado, at its regular meeting held the 3rd day of May, 200S, nunc pro tunc to
the 18th day of April, 200S.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY
COMMISSIONERS
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ATTEST:
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Peter F. Runyon, Commissioner
BY:~
To C. St e, CommIssioner
Commissioner ~ seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Commissioner Am M. Menconi ~
Commissioner Peter F. Runyon ~
Commissioner Tom C. Stone
This Resolution passed by "?/~ vote of the Board of County Commissioners ofthe County
of Eagle, State of Colorado.