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HomeMy WebLinkAboutR08-117 School House Ranch Special Use PermitCommissioner moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008 - ~ ~ 1 APPROVAL OF THE SPECIAL USE PERMIT FOR SCHOOL HOUSE RANCH FILE NO. ZS-00166 WHEREAS, on or about February 4, 2008, the County of Eagle, State of Colorado, accepted for filing an application submitted by Lee and Greg Caretto (hereinafter "applicant" or "CME") for a Special Use Permit to allow for Resort Recreation Facility uses, located in the Resource Zone District in the unincorporated area of Eagle County, as shown in Exhibit A; and WHEREAS, the applicant proposes to offer and are limited to, the following services: horse boarding; horseback riding lessons; riding stable; children's birthday parties and; a petting zoo, at the above described property located at 6099 Brush Creek Road, and must base all uses as described in the approved Conditions in Exhibit B; and WHEREAS, per the Eagle County Land Use Regulations, the Resource 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 five (5) years from the date this Resolution is approved; and reviewed at any time; 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 July 2, 2008; August 26, 2008; and WHEREAS, the Special Use Permit request was considered at a public hearing by the Eagle County Board of County Commissioners on July 22, 2008; August 9, 2008; August 23, 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 3 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 YS 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, Resort Recreation Facility. (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 3 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 School House Ranch and the attached Exhibits A and B, located in the Resource 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: 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 ~~l°71C~ , 2008 nunc pro tunc to the 7th day of October, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and ~hEI~ OARD OF COUNTY COMMISSIONERS ATTEST: o c~ '-~ /~ BY: o* B Teak J. Simont °oton~•~ Peter F. Runyon, Chair Clerk to the Board of County Commissioners BY: ~ 4 '. ~~----~' ; ~~>~uT ` S a J~F sher, ommissioner BY: Commissioner Commissione~~.t~t.u~ ~ 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 h This Resolution passed by 3 / ~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 3 of 3 ~anerr l\ Eagle R ~~~ SITE e EXHIBR CONDITIONS: 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. 2. As defined by Article II of the Eagle County Land Use Regulation, permitted special uses on the Schoolhouse Ranch property include and are limited to: a. Riding Stable b. Resort Recreational facility. 3. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards. 4. No parking is to occur along Brush Creek Road and all parking must be contained within the applicant's property unless providing proof of permission by whoever is providing the additional parking. As shown on the submitted site plan, twenty-two (22) parking spaces shall be available at all times. 5. Per the County Engineering Departments' memorandum dated August 12, 2008, any event at the School House Ranch can generate no more than Fifty-eight (58) vehicle trips per day; assuring that services provided at the School House Ranch cannot run concurrently that would exceed the trips per day allowed. 6. The driveway culvert shall be maintained so as to allow drainage to flow freely at all times. If drainage is not flowing sufficiently the applicant must, upon notice from Code Enforcement, repair and/or replace the culvert within the timeframe specified in the notice. 7. Hand washing and hand sanitizer shall be provided at the exit of the petting zoo. 8. The hours of operation shall be between gam and Spm, 7 days per week, year around, except that owners of boarded horses shall have open access for the purposes of caring for their horses. No after-hours events, activities or parties shall occur. 9. Riding lessons shall be limited to six (6) persons total per day and the maximum number of persons for birthday parties shall be limited to fifteen. 10. The subject property shall be limited to a maximum of twenty (20) horses on the premises at any time. 11. No activity shall take place on the subject property that would constitute a a child care facility, as defined by the Colorado Department of Heath and Human Services, without first obtaining the appropriate license from that department. 12. The petting zoo shall be limited to the animals listed in the application; ten (10} chickens, six (6) goats, four (4) pigs, three (3) miniature horses, three (3) rabbits, one (1) donkey, two (2) ducks, one (1) mule and one (1) pony. Such animals shall be cared for and housed humanely. 13. Code Enforcement may at any time inspect and review compliance with the conditions of this Special Use Permit, and if it determines that substantial and/or frequent violations of these conditions have occurred or are occurring, they may issue a citation causing review by the County of whether the Permit shall be revoked. This permit shall expire eight (8) years from its approval, at which time the applicant may apply for a new permit or apply for an extension.