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
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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.
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(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.
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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
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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