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HomeMy WebLinkAboutR06-121 - special use permit for Camp K-9 Commissioner ~( moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - (-;;;r ( APPROVAL OF A SPECIAL USE PERMIT FOR CAMP K-9 FILE NO. ZS-00146 WHEREAS, on or about September 18th, 2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by Wendy Drake (hereinafter "Applicant") for a Special Use Permit permitting a dog daycare, grooming and overnight boarding facility located in the Commercial General Zone District in the unincorporated area of Eagle County described as follows: Section 16, Township 5 South, Range 81 West, 6th P.M., County of Eagle, State of Colorado; more specifically addressed as 41199 Highway 6, Eagle-Vail, in the Dowd Business Park- bays 4 thru 6, as leased by the applicant (see attached Exhibit 'A'); WHEREAS, the previous Special Use Permit (ZS-00108) for Camp K-9 ran with the owner name and lease for the subject business in its described location, and not with the land; and WHEREAS, the original owner, lessee and tenant for the Camp K-9, Sonja Roeder, sold the business to the current owner, Wendy Drake, who has received a new lease from the property owner; and WHEREAS, this Special Use Permit is necessary to recognize the new owner/lease for the facility; and WHEREAS, the operation of the business remains consistent with the original approval as proposed in the previous Special Use Permit ZS-00108 including the utilization of required noise mitigation measures; sanitation methodologies and uses; and 1 WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission November 15th, 2006; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on December 5th, 2006; and WHEREAS, based on the evidence, 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 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. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS 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 AlJTJlicable to Particular Residential. Agricultural and Resource Uses. (4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nUIsance. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. 2 j. (6) Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. (7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) 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 Special Use Permit application for the Camp K-9, located in the Commercial General Zone District, in the unincorporated area of Eagle County described herein be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation ofthe Special Use Permit: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The following requirements shall remain applicable: a. Noise generated by this use shall conform to the commercial and industrial standards set forth in the applicable Section of the Land Use Regulations. Noise levels shall be measured along the walls of the adjacent uses and no more than 50 feet from the front of the building. b. All animal refuse shall immediately be placed in metal or plastic trash containers, with plastic liners and air-tight lids. 3. A copy of all Department of Agriculture inspection reports shall be provided to Eagle County Department of Community Development. 4. The Community Development Department must be provided a current copy of the applicable lease for this business, in its current location. If this business is sold or transferred to another operator, this information must be provided to the Community Development Department immediately. Further, this Special Use Permit shall continue to run with a lease for this business, in its current location only. Any change in use; major change of operations; or location will necessitate a new Special Use Permit. 3 .J THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. 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. MOVED, READ AND ADOPTED by the Board of County S~issione~the County of Eagle, State of Colorado, at its regular meeting held the -L::Z.-day of ?Ck-;~~d 2006, nunc pro tunc to the 5th day of December, 2006. A TrEST: ~.?4'9 Teak J. Simonton Clerk to the Board of County Commissioners BY: BY: To Commissioner flt!-PtC~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Tom C. Stone Commissioner Am M. Menconi This Resolution passed by -?J / 0 County of Eagle, State of Colorado. vote of the Board of County Commissioner of the 4 " Legend Major Roads Type Highways Building Footprints o 0.01 0.02 I I Camp K-9 Special Use Permit ZS-00146 Use of this map should be for general and informational purposes only. Eagle County does not warrant the accuracy of the data contained herein. EAGLE COUNTY