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HomeMy WebLinkAboutR06-099 - Rec #200626822 - denial of special use permit for rv park in Dotsero ~f~ (" Commissioner ..~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - DENIAL OF A SPECIAL USE PERMIT FOR A RECREATIONAL VEHICLE PARK, A RESORT RECREATIONAL FACILITY AND A CONVENIENCE GROCERY STORE IN UNINCORPORATED DOTSERO File No. ZS-00140 WHEREAS, Bard & Company, Inc., ("Applicant") did file an application with the Eagle County Department of Community Development on or about March 31, 2006, for a Special Use Permit for a major Recreational Vehicle Park, a Resort Recreational Facility and a Convenience Grocery Store in the Resource zone district in that part of unincorporated Eagle County commonly referred to as Dotsero and as described in Exhibit "A"; and WHEREAS, Applicant proposed to build and operate an recreational vehicle (R V) park to contain up to 250 RV sites and 12 cabins (maximum of 48 beds); a main office for administration; a residential unit for a manager; three neighborhood facilities with laundry facilities, showers and restrooms; a community building and recreation facility; a swimming pool, a convenience grocery store and other amenities that would constitute a resort recreational facility on a 35.001 acre site at 004544 Highway 6; and WHEREAS, the Applicant offered to revise the site plan to contain no more than 200 RV sites; create a 2 acre open space near the northwest comer of the site; increase the width of the open space landscaping and add 26 employee parking spaces along the north lot line (adjacent to Highway 6); reduce the width of the landscape area between R V pads from 28 feet to 24 feet; add a picnic pavilion and a sandwich shop/grill near the swimming pool; and provide landscaped berms along the north and west perimeters of the site ranging from 2 to 3 feet in height up to 12 feet in height and with up to 8 feet fencing on top; and 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 June 21, 2006, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, public hearings were held by the Board of County Commissioners of the County of Eagle, State of Colorado, on July 11 and August 15,2006; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Comprehensive 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 Eagle County Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado (lithe 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 witlt Compreltensive Plan. The proposed Special Use would not be appropriate for its proposed location and would not be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. b. Compatibility. The proposed Special Use would not be appropriate for its proposed location and would not be compatible with the character of surrounding land uses. c. Zone District Standards. The proposed Special Use would meet the standards of the zone district in which it is located, and would meet the standards applicable to the particular use, as identified in Section 3-310, Review 2 Standards Applicable to Particular Residential. Agricultural and Resource Uses. d. Design Minimizes Adverse Impact. The design of the proposed Special Use would not minimize adverse impacts, including visual impact of the proposed use on adjacent lands; and, the proposed Special Use would not 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. e. Design Minimizes Environmental Impact. The proposed Special Use would not minimize environmental impacts and would cause significant deterioration of water and air resources, wildlife habitat, scenic resources, or other natural resources. f. Impact on Public Facilities. The proposed Special Use would be 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 would not comply with all of the appropriate standards in Article 4, Site Development Standards. h. Otlter Provisions. The proposed Special Use would 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 Bard & Company, Inc., File No. ZS-00140, for a Special Use Permit for a major Recreational Vehicle Park, a Resort Recreational Facility and a Convenience Grocery Store in the Resource zone district in an area in unincorporated Eagle County commonly referred to as Dotsero 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 citizens of Eagle County. 3 MOVED, READ AND ADOPTED by the Board of Count}: Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 2..si.. day of &P~&t/ 2006, nunc pro tunc to the 15 day of August 2006. By: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner The roll having been called, seconded adoption of the foregoing Resolution. vote was as follows: Commissioner Tom C. Stone Commissioner Am M. Menconi Commissioner Peter F. Runyon This Resolution passed by of Eagle, State of Colorado. vote of the Board of County Commissioners of the County 4 LEGAL DESCRlPTION A parcel of lau.cl located in the V..uviWl Placer, Section " TO'WIl.hip 5 South, l.a.D.ge " We.t of the Sixth Principal Meridian, kgle COuDty, Colorado accordiJ:ag to the IJu:lepeDdeat bauzvey of ..iel TowDab.:l.p aDd. llaDge .. appr:ovecl OIl 3lme 20, 1922, ..iel Parc.l beiDg IIOre particularly cte.cdbed .. follOW1l, to wi t: ~ at the ~t!I.w.a.terly Co~ of a Parcel c1eacd.becI in Book 31t at .age 915 .. ReceptiOll B'o. 286285, a :r:ebu: a:a4 al'UlliD.ua cap .~ La 1'10', thADce alODg the ...terly liDe of .aiel parcel I 17.00'00. . 1260.22 feet to . poiDt aD the ~ly Right-of-Way Bo1mda:r:y of the Deaver &:Del Rio (J:r:aDcIe .e.tem Railroad, thADce alODg .aiel Bo1mda:r:y 8 56.'1'50. . 5".75 f..t, to . point OIl the .outhe:r:ly liDe of .aiel Veauv!u 'lacer, thence depa:r:tiDg .aiel Ilight-of-Way BouD4a:r:y. 8'.10'00- . 1081.62 feet, alODQ' the SOUtherly line of .aiel Veauviu. .lacer, thADce . 17.00'00. . 1"61.38 feet to a point OIl the SOUtherly tight-of-Way 8ouDda:r:y of V.I. :ID.te:r:atate 70, thence alODg .aiel Bo1mda:r:y the followiDg two (2) cou:r:.e. and eIi.tanc.. : 1) S 77.'2'42- . 31'.58 f..t 2) S n.S1'12- . 783.'1 feet '1'0 '!'he PoiILt Of &eg"ftfth'9. COtJll"l"l' 01' BGLJl STAB or COLOUDO Exhibit "A"