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HomeMy WebLinkAboutR08-066 Vines at Vail Temp Special Use Permit Approval EAGLE COUNTY. CO 200811863 TEAK J SIMONTON Pgs: 6 03.02:30PM 06/05/2008 REC- $0.00 DOC: $ Commissioner U C,be---4 P tmoved ado ti o n of the following Resolution: RESOLUTION 61 of the f 0 (- COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2008 - 0 (0',9 APPROVAL OF THE VINES AT VAIL TEMPORARY SPECIAL USE PERMIT FOR CONTRACTOR STORAGE FILE NO. ZS -00172 WHEREAS, on or about March 10 2008, Patrick Chirichillo (herein after "Applicant ") did file an application with the Eagle County Department of Community Development for a Temporary Special Use Permit permitting Contractor Storage on the former Waste Management property in Wolcott, located in the Rural Center (RC) Zone District in the unincorporated area of Eagle County described as follows: 131; Section 15, Township 4 South, Range 83 West, 6 P.M. County of Eagle, State of Highway P h' g, Colorado; (see attached Exhibit A); and WHEREAS, the subject property was formerly utilized by Waste Management of Colorado for maintenance, storage, office, truck parking, dispatch and waste material dumpsters. With this Special Use Permit, the site will continue to be utilized for office use and a temporary contractor storage yard /staging area, but for the neighboring Vines at Vail PUD instead of Waste Management. Additionally, the existing upper /north garage could be used for office and/or Contractor Storage by a tenant/lessee; and WHEREAS, the property contains three (3) existing commercial structures that were established in the early 1980s (one pole building that is open -sided on one of four sides; one enclosed structure which includes an office, washroom and has large garage doors on each end; and a typical, one -story office building that contains several office rooms); however, a Special Use Permit for Contractor Storage was never obtained. It appears that "trash" removal and related uses had existed on the site since 1972 and was considered a grandfathered use; and WHEREAS, per the underlying Rural Center (RC) zoning, "Office use" is currently a use by right; "Contractor Storage Yard" is permitted with Special Use Permit approval; and WHEREAS, as the life of the Special Use Permit is limited for only three (3) years, this Permit is considered temporary and shall expire June J , 2011; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on May 7 2008 and by the Eagle County Board of County Commissioners on May 27 2008; and Page 1 of 5 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 generally 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 generally appropriate for its proposed location and IS sufficiently compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply sufficiently with the standards of the zone district in which it is located and the standards applicable with 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 sufficiently minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN sufficiently avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN sufficiently avoid adverse impact on surrounding lands regarding noise and traffic. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL sufficiently minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (6) Impact on Public Facilities. The proposed Special Use IS sufficiently 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 comply sufficiently 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 sufficiently with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Temporary Special Use Permit Contractor Storage on the former Waste Management site, located in the Rural Center 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 of the Special Use Permit: Except as otherwise modified by this development 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. This Temporary Special Use Permit shall expire three (3) years from the recordation of the Resolution for this application. Upon termination of this Permit, the only uses that may occur on this site are limited to uses by right as permitted in Article 3 of the Eagle County Land Use Regulations; however, as this property has never been platted, any substantial change or improvement of this property or structures may necessitate further site specific development review prior to the issuance of a commercial building permit. It shall be the responsibility of Eagle County, by Resolution, to recognize the expiration of this Special Use Permit. 3. Any outside storage of trash or garbage shall be placed in wildlife proof containers pursuant to the Eagle County Land Use Regulations. 4. Prior to occupancy, the existing vault (for the retention of sewage generated by employees) shall be inspected by a Registered Professional Engineer and a report with site plan be submitted to Environmental Health which verifies the structural integrity of the vault and declares the vault to be in full compliance with Chapter N, 4.09.02, Eagle County Land Use Regulations. Should the vault need to be replaced, the applicant must apply for and obtain an Individual Sewage Disposal System Permit and the new vault installed prior to occupancy. 5. A Spill Prevention Control & Countermeasures Plan should be prepared and approved by Environmental Health prior to occupancy for any tenant that incorporates liquids as part of their business/operations. 6. A Hazardous Materials Management Plan shall be prepared and submitted to Environmental Health for approval which specifies what chemicals are stored on site; how they are stored and in what quantities with specific information regarding spill response. The Plan shall be made available by the applicant to local emergency response agencies upon request. The Plan shall be amended from time to time in order to incorporate operational details for any tenant that incorporates hazardous or potentially hazardous materials. 7. The removal operation of the existing fuel pump shall be supervised by an environmental cleanup company. Any contamination that has been identified as to its aerial extent shall be documented; cleaned up in its entirety; and disposed of at an approved facility. Documentation of the fuel pump removal shall be provided to Environmental Health upon completion. 8. This Permit shall be limited to the following uses: Contractor Storage of vehicles, machinery and materials necessary for the development of the Vines at Vail PUD; Contractor Storage Page 3 of 5 of company vehicles, light maintenance of vehicles, machinery and materials for any future tenant/lessee; Office uses for the Vines at Vail PUD developer and/or lessee(s). The only vehicles permitted to be parked outside of the structures shall be vehicles utilized by contractors and/or employees of the Vines at Vail PUD developer, or employees of lessee(s). There shall be no parking of lessee company vehicles (logo emblazoned) outside of designated areas. Outside storage of materials is limited to the Vines at Vail PUD development. Further, outside storage of materials shall be limited to the designated areas as shown on the associated site plan for this application. Parking of vehicles as a primary use, where vehicles are not related to onsite Office or Contractor Storage uses is prohibited. 9. Any new tenant for Contractor Storage on this site must apply for a Limited Review prior to occupancy. The new tenant shall be, likewise, limited to light maintenance of vehicles, storage of company vehicles, machinery and materials. There shall be no parking of company vehicles outside of the designated areas. The site plan provided with the Limited Review application shall be modified demonstrating where parking areas for new tenant/lessee are located. In addition to the materials necessary to review a Limited Review, the Tenant shall also provide a detailed operations plan and any information regarding any potential environmental impacts. 10. Prior to occupancy by tenant/lessee for "wet" uses (where tenant uses liquids as part of business e.g. carpet cleaning), it shall be demonstrated to Environmental Health how wastewater generated from their cleaning operations is disposed. Any improper disposal onto the surface of the ground or into storm sewers or surface water is prohibited and cause for immediate revocation of this permit. 11. It may be necessary to modify and/or reduce the width of the existing driveway of the subject site that accesses Highway 131 in consideration of the trail development along Highway 131 as required with the Vines at Vail PUD development. 12. All exterior lighting shall be downcast with shielded bulbs to eliminate glare, preserving protection of the night sky. Further, lighting should be limited to motion-sensor lighting where possible. 13. Existing (privacy) fencing for this site is installed along the south, west and eastern property lines, and shall be maintained along these locations at all times. Fencing is encouraged on the site where fencing had not been previously installed. Fencing utilized shall effectively screen exterior parking areas and/or materials stored outside from passers by. Any fencing that has been removed for repair must be immediately replaced (upon said repair). 14. Parking shall be prohibited from Highway 131 right-of--way unless approvaUpermission is granted by CDOT for this encroachment. 15. The land owner shall incorporate the conditions of this Special Use Permit as conditions of the lease for any tenant/lessee for the tenure of this Special Use Permit (three (3) years from the approval of the Resolution). A copy of the lease shall be provided with applicable Limited Review applications. 16. Any signage for uses on this property shall meet the requirements of the Eagle County Land Use Regulations; however, signage shall only be permitted on the office building and not on the buildings used for contractor storage, nor as free-standing signs. Exceptions to this condition include directional, traffic and/or parking signs. Page 4 of 5 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 Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of u , 2008, nunc pro tunc to the 27~' day of May, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST:,, , J BY: Teak J. Simonton ~ \ ~„~ J '~ Clerk to the Board of \q"-'"~ ~ ~~ORA~ County Commissi _ BY ~. __ - ~ ~ ,, ~ , ./ BY Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon ~ " Commissioner Sara J. Fisher ~ ti Commissioner Arn M. Menconi `~ This Resolution passed by ~ l U vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 5 of 5 Peter F. Runyon, Chair Special Use Permit ZS _oo ~ ~ ~ Use of this map should be for general and informational purposes only Eagle County does not warrant the accuracy of the data contained herein fAGLf COUNTY