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Home My WebLink AboutR08-089 Learning Curve Preschool Special Use Permit Approval EAGLE COUNTY, CO 200816348 TEAK J SIMONTON REC: $0.00 DCC:0$ 54 =01 PM IU 01111 08 0 1 /2008 CJ�7( CJ 1! CJO Commissioner A'luo• moved adoption of the following Resolution: RESOLUTION of the (A) COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008 - U bc‘ APPROVAL OF THE LEARNING CURVE PRESCHOOL SPECIAL USE PERMIT FILE NO. ZS -00178 WHEREAS, on or about May 9 2008, Anna Casey (herein after "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit to allow a day care center to locate within the Commercial- General Zone District in the unincorporated area of Eagle County described as follows: El Jebel, 25 Gillespie Drive, located within Section 34, Township 7 South, Range 87 West, of the 6 Principal Meridian (The metes & bounds legal description is attached as Exhibit `A' to this Resolution); and WHEREAS, the property P subject has been developed with a commercial structure in 1972. This J P commercial structure has accommodated numerous different businesses over the last 36 years; inclusive of other day care facilities; and WHEREAS, per the underlying Commercial - General (CG) zoning, "Day Care Centers" are allowed via Special Use Permit approval; and WHEREAS, given the continued need for child care facilities throughout Eagle County, this Special Use Permit does not have an expiration date and will therefore remain valid as a potential commercial use for the above specified address; and ti the Roarin WHEREAS, the Special Use Permit request was considered at a public meeting by he g Fork Valley Regional Planning Commission on Jul 3rd, 2008 and by the Eagle County Board of County Y b'� g July Y g Commissioners on July 22nd, 2008; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Mid Valley Community Plan, 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. Page 1 of 3 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 Buff ciently 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado; THAT this Special Use Permit for a Day Care Center, in the unincorporated area of Eagle County described herein, be and is hereby approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. 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. Page 2 of 3 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 29"' day of July, 2008, nunc pro tunc to the 22nd day of July, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Thro ARD OF COUNTY COMM~ S ATTEST: ~pF -;r C~~ BY• ~ , ea m n ~~~~ ~+ Peter F. Runyon, Chairman Clerk to the oard of -- County Commissioners BY: ~, ~', - DIL..IU i ` Sara Fisher, ommissioner Menconi, Commissioner 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 ~ Commissioner Arn M. Menconi ~. t This Resolution passed by ~ / ~ County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page 3 of 3 ksco, ~.,, at ~.''~ ut~ ~ ~' ,~` ' ~ pp rr~yy~i~~~•Ak f • ~. w. , ~L G~+, ltacaptioa No.. 14T.~.f.~4, ~~~(.a JUNE CRAWFORD '~i. ., ~,~. ~~, whose address is Box 1 El Jebel County of Eagle ~ and $~~ ~ Colorado ,tor the oonaideration of TEN AND NO/100ths --------------------------------- dollan, in hand paid, hereby sell(s) and convey(s) to J. A. CRAWFORD & CO., a Partnership C/O June A. Crawford whose address is Box 1 Eagle ,and State of Colorado Coanty of Eagle /•~~,~~ /~) ~ ~_ ~ ~~V~. I~~:f~r~;ilf~i'~ E1 Jebel ~nb, ~ the following rea! property in the, and State of Colorado, to wit:, An undivided one-third interest in and to the following: A parcel of land situated in Lot 15 of Sec. 34, T7S, R87W, 6th P.M. lying Westerly of the Westerly right-of-way line of a County Road as ~~ constructed and in place, said parcel being described as follows: i9egfnning at a point on the Westerly right-of-way line of said county road, whence the Southeast Corner of said Sec. 34 bears: S. 66°42'39" E. 1318.91 feet] thence 3. 00°54'01" W. 208.71 feet along the Westerly right-of-way line of said County Road; thence West 208.71 feet; thence N. 00°54'01" E. 206.71 feet= thence East 208.71 feet to a point on the Westerly right-of-way line of said County Road, the point of beginning. The above-described parcel of land contains 1.00 acres more or less. Together with .121 OFS of water from Robinson Ditch X34, Priority numbers 38., 190 and 167. (convenience deed, no documentary fee required) with ati its appurtenances and warrant(s) the title against ail persona etaiming under (me) (r~C, Signed and delivered ti~(d ~~~~y of Qd%,~-c. 19 ~. In the presence of 9 NE CRAFl~b12$~~...._......($EALj C~~~ ............................... .................._-~- •- ..(SEAL] ................................................................................ [SEAL] STATE OF COLORADO, Couaty of 4LL' 9~GtLt-' ~~ Tha foregoin in~trum~eon't was '~~k-rnro~I~ltedged before me this ~''~ ~ day of D~%~•a-u'•ti lrzy commission aspires (~ :$ ~', ~` , ^ r C~~ /S'-; Y?~~~'~'t~Pi. hand and official seal. nr .P' ~ ~ .` c~ MuMq/~ --- .y. .._~ _. ''. .i stout Stee~6 Dgr~r. Oel°n1a- ~ his map should be fargeneral and anal purposes anlV Eagle County I rtwarrdMtFreaacurdcyafthedata aantain ed herein .