HomeMy WebLinkAboutR08-083 Colorado Mountain Express Eagle Vail Satellite Lot Special Use Permit Approval EAGLE COUNTY. CU 200815989
TEAK J SIMON - nN
ogs: 3 s4'30:48PM 07/28/2008
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Commissioner ,
= moved adoption
of the following Resolution:
Sy� i
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2008 - j) `5
APPROVAL
OF THE SPECIAL USE PERMIT
FOR COLORADO MOUNTAIN EXPRESS, EAGLE -VAIL SATELLITE LOT
FILE NO. ZS -00176
WHEREAS, on or about April 10, 2008, the County of Eagle, State of Colorado, accepted for
filing an application submitted by Colorado Mountain Express/Jay Ufer (hereinafter "applicant" or
"CME ") for a Special Use Permit for a parking lot, located in the Commercial General Zone District in the
unincorporated area of Eagle County, as shown in Exhibit A; and
WHEREAS, the applicant proposes to operate Transportation Services on the above described
property in Eagle -Vail, as part of the operations in Edwards and must base all development and uses as
shown on the site plan in Exhibit B; and
WHEREAS, per the Eagle County Land Use Regulations, the Commercial General Zone District
permits certain uses in a zone district, that are determined compatible with uses by right allowed in the
zone district based upon individual Special Use Permit review of their location, design, configuration,
density and intensity of use; and
WHEREAS, the approval of this Resolution and thus the Special Use Permit, shall be limited to
PP Pe
five (5) years from the date this Resolution is approved; and reviewed at a time of three (3) years from the
Resolution approval; and
WHEREAS, a Special Use Permit is dependent upon findings that there is competent evidence
that the proposed use as conditioned, fully complies with all the standards of Section 5- 250.B.; and
WHEREAS, the Special Use Permit request was considered at a public hearing by the Eagle
County Planning Commission on June 18, 2008; and
WHEREAS, the Special Use Permit request was considered at a public hearing by the Eagle
County Board of County Commissioners on July 8, 2008; 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
Page 1 of 5
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 -320, Transportation Services.
(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.
(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.
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 Special Use Permit application for Colorado Mountain Express Satellite parking lot
and the attached Exhibits A and B, 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 of the Special Use Permit:
CONDITIONS:
1. If any complaints about reflected sun glare off of the parked CME vehicles are received by
the County and confirmed justified, CME must immediately mitigate the nuisance to the
County's satisfaction.
2. In the event that hazardous materials are stored on -site, the following standards
will be applied:
• Flammable or explosive liquids, solids, or gases will be
stored so as to comply with all applicable local, State and
Federal regulations, with particular attention to any
standards adopted by the Eagle River Fire Protection
District. Hazardous materials stored on -site will be reported
to the Fire District.
• All material or wastes which might cause fumes or dust or
that constitute a fire hazard or that may be edible by or
otherwise be attractive to varmint may be stored outdoors
only when stored in closed containers.
• More restrictive standards for the storage of hazardous
materials may be applied when required for the safety of
occupants or the address other pertinent local conditions.
3. All refuse containers on site shall be either wildlife proof or wildlife resistant
containers as may be required by the Eagle County Wildlife Feeding Ordinance
No. 07 -0 -01, as may amended from time to time.
4. 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.
5. Prior to approval the Board of County Commissioners resolution, the applicant shall file
with the Community Development Director a basic revised site plan, satisfactory to the
County Engineering Department, including an erosion control plan that represents the
following basic site improvements:
• the site will be graded to improve drainage
• travel and parking surface will be gravel
• install chain link fence along western property line
• install 2 — 10'x20' storage sheds
• optional lighting and gates
Page 3 of 5
6. The duration of the Special Use Permit shall be five (5) years from the date of the
approved Resolution. If the Special Use Permit continues beyond the third (3`
anniversary date of the recording of the Board resolution approving it, the off -site
sidewalks shall immediately be collateralized in the amount recommended at that time by
the County Engineer and in a form approved by the County Attorney, and installation of
such sidewalks must be completed by the end of the fourth year of this Permit. In
addition, the applicant shall secure permits and approvals for work required within the
Colorado Department of Transportation right -of -way.
7. Before the Board of County Commissioners records a resolution approving the Permit,
CME shall submit an engineer's cost estimate, a letter of credit or other collateral
satisfactory to the County attorney in an amount recommended by the County Engineer to
assure completion of the improvements, other than the sidewalk, required by the site plan.
8. Until the parking lot is paved with asphalt or other durable wearing surface as required by
the Eagle County Land Use Regulations Section 4 -140, a routine maintenance plan shall
include grading the gravel surface as required, with related magnesium - chloride
applications. If any justified complaints about dust or off -site tracking of gravel or dirt are
received, the County Environmental Health Department's Code Enforcement Officer will
require mitigation of the nuisance immediately or the applicant may be deemed in
violation. The gravel surface shall maintain a minimum grade of two percent. Storm
water inlets shall be protected with erosion logs and replaced as needed until the parking
lot is paved.
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 Co missione s of the County of
Eagle, State of Colorado, at its regular meeting held the _.,22 of , 2008
nunc pro tunc to the 22n day of July, 2008.
COUNTY OF EAGLE, STATE OF COLORADO, By and
T ARD OF COUNTY MISSIONER,S
ATTEST: O� -.
Teak J. Simon on Peter F Runyon, Chair
Clerk to the Board of
County Commissioners BY: A7it a • l JA
.ra J er, Co missioner
BY: /
. enconi, Commissioner
Page 4 of 5
Commissioner seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follow .
Commissioner Peter F. Runyon
Commissioner Sara J. Fisher
Commissioner Arn M. Menconi
This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 5 of 5
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