Loading...
HomeMy WebLinkAboutR06-028 - special use permit for child care center in unincorporated El Jebel Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - 6~ APPROVAL OF A SPECIAL USE PERMIT FOR A CHILD CARE CENTER IN UNINCORPORATED EL JEBEL File No. ZS-00135 WHEREAS, Crawford Properties, LLC, ("Applicant") did file an application with the Eagle County Department of Community Development on or about October 7, 2005, for a Special Use Permit for a child care center in the Commercial General zone district in a designated special use area in unincorporated El Jebel described in Exhibit "A"; and WHEREAS, Applicant proposes to build and operate a child care facility in the Commercial General (CG) zone district to provide child care services for 70 children between the ages of two and four, as well as some after school care, from 7:15 AM until 5:30 PM Monday through Friday. The building will have 5,417 square feet of interior space with 1,090 square feet of covered porch located in a defined special use area of 78,740 square feet. The exterior play area will be mainly irrigated lawn and natural vegetation with concrete slabs under the porches. Parking is proposed to be shared with the adjacent EI Jebowl bowling alley. WHEREAS, notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearing held on February 2, 2006, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and I WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on February 14,2006; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including 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 Roaring Fork Valley Regional Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board") finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. The Board has considered Eagle County Land Use Regulations, Section 5-250.B., Standards for the review of a Special Use Permit, and finds as follows: a. Consistent with Master Plan. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. b. Compatibility. The proposed Special Use is appropriate for its proposed location and is compatible with the character of surrounding land uses. c. Zone District Standards. The proposed Special Use does meet the standards of the zone district in which it is located, and does meet the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular ResidentiaL Agricultural and Resource Uses. d. Design Minimizes Adverse Impact. The design of the proposed Special Use does minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance. 2 e. Design Minimizes Environmental Impact. The proposed Special Use does minimize environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. f. Impact on Public Facilities. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical servIces. g. Site Development Standards. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. h. Other Provisions. The proposed Special Use does 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 application of Crawford Properties, LLC, File No. ZS-00135, for a Special Use Permit for a child care enter in the Commercial General zone district in a designated special use area in unincorporated EI Jebel described in Exhibit "A", be and is hereby APPROVED. 1. The special use permit shall not be valid until the plat for Valley View Clinic, Parcel A, has been vacated and the proposed building will not be located in any required setbacks. 2. Twelve parking spaces most immediately adjacent to the child care center shall be marked with sign( s), in a manner approved by the Director of Community Development, indicating that the spaces are not to be used during the specific days and hours of operation of the child care center other than for drop-off and pick-up of children at the child care center. 3. Any activities at the child care center which will occur after 5:30 PM or on weekends and which will require the use of more than 6 parking spaces shall be coordinated with activities at the bowling alley to avoid a situation in which the number of vehicles exceeds the number of available on-site parking spaces. 4. All parking spaces necessary to accommodate required parking for the child care center shall be connected to the front entrance of the center, in a manner satisfactory to the County Engineer, by a paved, concrete sidewalk and shall be protected by curbs 3 and/or wheel stops such that the useable portion of the sidewalk will be at least four feet in width at all times. 5. The site plan shall be revised, in a manner satisfactory to the County Engineer, to provide one van accessible parking space, with an appropriate access aisle, which is located on the shortest possible accessible route from adjacent parking to an accessible building entrance. 6. The Applicant shall provide, prior to approval of a building or grading permit, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. 7. The child care center shall be in compliance with all requirements of Section 3- 31O.D., Day Care Center of the Land Use Regulations. 8. All trash stored outside shall be stored in wildlife proof refuse containers and/or enclosures which meet the requirements of Section 4-410.C., Wildlife Proof Refuse Container/Dumpster Enclosure Standards, of the Land Use Regulations, and windows and doors shall be adequately secured to prevent wildlife from gaining entrance into the building. 9. Trash dumpsters shall not be located such that any of the proposed parking spaces serving the child care facility and the bowling alley are blocked and not available for use. 10. A wildfire-defensible zone, satisfactory to the Eagle County Wildfire Mitigation Specialist, shall be created and maintained around the structure on this site. 11. The site shall be redesigned, in a manner that is satisfactory to the County Engineer, to accommodate emergency equipment, and require no more shared parking than has been allowed in the approval of this special use permit. 12. The access from Favre Lane to the El Jebowl parking lot shall be clearly marked, in a manner satisfactory to the County Engineer, to prevent obstruction of access and movement by emergency equipment. 13. Prior to approval of the initial building or grading permit, a Dust Suppression Plan and an Erosion Control Plan, approved by the Eagle County Department of Environmental Health, shall be prepared by the Applicant which demonstrates that the site development standards of the Land Use Regulations will be met and which includes contact information for the person who will be available at all times and be responsible to immediately address public complaints or compliance issues. Failure to 4 comply with the approved Dust Suppression Plan or the Erosion Control Plan shall result in a cessation of all work on the job site until compliance has been achieved. 14. Applicable road impact fees shall be paid prior to the approval of a building or grading permit for the facility. 15. The building shall have a fire alarm system which is monitored through a central receiving station. 16. The Landscape Plan shall be modified to include 15 trees of reasonable variety, including deciduous trees, in an irrigated area south of the fence along the south side of the site. 17. The site plan improvements shall be revised to include an end island and a sidewalk along parking spaces 62 and 63 to separate potentially conflicting, adjacent parking spaces. 18. Prior to approval of any building or grading permit for this development, the Applicant shall demonstrate to the satisfaction of the County Engineer and County Attorney that sufficient access easement(s), particularly for Favre Lane, have been established to accommodate the proposed use. 19. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. 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 citizens of Eagle County. 5 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the M day of rY! ~ , 2006, nunc pro tunc to the 14th day of February 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Clerk to the Board of County Commissioners Am M. Menconi, Commissioner qeLQ~ Tom C. Stone, ommlSSlOner \ Commissioner I~ ~ 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 of the County of Eagle, State of Colorado. 6