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HomeMy WebLinkAboutR00-136 special use permit REmonov & Co. - Taco Trucks0 Commissioner moved adoption of the follow Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 00 APPROVAL OF SPECIAL USE PERMIT REMONOV & COMPANY (TACO TRUCKS) FILE NO. ZS -00063 WHEREAS, Remonov & Co. ( "Applicant "), did file an application with the Eagle County Department of Community Development on or about March 10t 2000 for a Special Use Permit for the operation of mobile food vendors and seasonal retail sales within the Commercial General and Commercial Limited Districts, in the unincorporated area of Eagle County described as follows: Parcel 12, Lot C -1, South Forty Subdivision (Intersection of Hwy 6 and Edwards Village Blvd.) and; WHEREAS, Remonov and Company propose to operate three mobile food vendors, seasonal pumpkin and Christmas tree sales, as well as arts and crafts vendors on the parcel described above. WHEREAS, based on the evidence, testimony, exhibits, and study of the Master 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: 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 4 c 2. That the proposed Special Use, as conditioned, conforms to the requirements of Section 5- 250(B) of the Eagle County Land Use Regulations, as follows: a. The proposed Special Uses ARE appropriate for their proposed location and are consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. b. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. C. The proposed Special Use DOES comply with the standards of the zone district in which it is located (Commercial General / Commercial Limited) and any standards applicable to the particular use, as identified in Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses (drive - through facility). d. The design of the proposed Special Use DOES minimize adverse impacts, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impacts on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. e. The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. f. The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. g. The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards h. 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. 3. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. Page 2 of 4 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Remonov & Company, File No. ZS- 00063, for a Special Use Permit for the operation of mobile food vendors, etceteras, within the Commercial General / Commercial Limited Zone Districts described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: Within thirty (30) days of the resolution approving File No. ZS- 00063, the applicant shall have installed two (2) portable toilets that contain hand washing facilities at the location of the existing portable toilet depicted on the site plan. 2. The Special Use Permit shall be valid for a period not to exceed two (2) years past the date of the resolution approving such permit, and shall be reviewed by the Community Development Department after one year to determine the sufficiency of traffic flow, sanitation, and visual impacts. 3. Within thirty (30) days of resolution approval, the applicant shall provide the Community Development Department with a landscaping plan that includes a fence to enclose the portable toilets and dump -ster. The landscaping plan will include an implementation schedule not to exceed thirty (30) days from the date of the landscaping plan's approval. 4. The following uses will be permitted: three (3) mobile food vendors, Christmas tree sales, pumpkin sales, and "arts and crafts ". 5. All operations are limited to the hours between dawn and dusk, with the exception of Christmas tree sales, which shall cease at 9:00pm each day of operation. 6. Except as otherwise modified by this permit, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 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. Page 3 of 4 d 6 � 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 Col g rado, at its regular meeting held the 31St day of July, 2000, nunc pro tunc to the�_,ioday o--' 2000. a r ATTEST: n c ° tORA 90 By Sara J. Fisher Clerk to the Board of County Commissioners County of Eagle, State of Colorado By and Through Its BOARD OF COUNTY COMMISSIONERS By: Mn� Tom C. Stone, Chairman By: , Johnnette Phillips, Commissioner Commissioner , seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael J. Gallagher Commissioner Johnnette Phillips This Resolution passed b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. s: Page 4 of 4