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HomeMy WebLinkAboutR14-056 Salt Creek Ranch Lots 1 and 3 Special Use Permit Approval Commissioner .-t t9 u ._ moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2014 05 co APPROVAL OF A SPECIAL USE PERMIT FOR OPERATION OF A DOG KENNEL ON SALT CREEK RANCH LOTS 1 AND 3 FILE NO. ZS-4356 WHEREAS, on or about June 17, 2013,the County of Eagle, State of Colorado, accepted for filing an application for a Special Use Permit submitted by Peggy Brasington and Jason Hershman (hereinafter the"Applicant") for the purpose of operating an overnight dog boarding facility, also referred to as a"dog kennel" (hereinafter the"Special Use"); and WHEREAS,the Applicant's request for a Special Use Permit was submitted in conjunction with a request for rezoning of Salt Creek Ranch Lots 1 and 3 to Resource Limited (Eagle County File ZS-4356), and a request for approval of an Amended Final Plat to combine Salt Creek Ranch Lots 1 and 3 to create one lot known as "Lot 1" (Eagle County File AFP-4353) to allow for the operation of the dog kennel; and WHEREAS, the operation of a dog kennel in the Resource Limited Zone District, necessitates a Special Use Permit for the proposed use; and WHEREAS,the dog kennel will be a secondary, independent use within the single- family structure located on the newly created Salt Creek Ranch Lot 1, located at 2980 Salt Creek Road, according to The Salt Creek Ranch Lots 1 and 3 Amended Final Plat, recorded on June 13, 2014, at Reception Number 201409785 (the"Subject Property") and a Site Plan made part of the application. WHEREAS, access for the Special Use is to be provided via Salt Creek Road, and water is to be supplied by well and a private onsite wastewater treatment system (hereinafter"OWTS"); and 1 WHEREAS,notice of the Special Use was given to all proper agencies and departments as required by the Eagle County Land Use Regulations (hereinafter the"ECLURs"), Section 5- 210.E; and WHEREAS, at the Eagle County Planning Commission(hereinafter the"Planning Commission")held public hearings on the application on September 18, 2013, October 16, 2013 and November 20, 2013. On November 20, 2013, the Planning Commission, based upon its findings, recommended approval with conditions of the proposed Special Use; and WHEREAS, at its regular public hearing of January 7, 2014 the Eagle County Board of Commissioners (hereinafter the"Board"), approved with conditions the request for rezoning and the request for approval of an Amended Final Plat, and concurrently approved the request for a Special Use Permit. NOW THEREFORE,based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County,the Future Land Use Map (the"FLUM") for Eagle County, and the Eagle County Open Space Plan, as well as 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 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 ECLURs Section 5-250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use IS appropriate for its proposed location and IS 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 ECLURs, Section 3-310,Review Standards Applicable to Particular Residential, Agricultural and Resource Uses; specifically under Section 3-310.P Zone Standards for Exploration, Extraction, and Processing Operations. 2 II (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 the ECLURs, 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 the ECLURs 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 the Special Use Permit application for the Salt Creek Ranch Lots 1 and 3 for operation of a dog kennel, located at 2980 Salt Creek Road, 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: 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. The Applicant shall adhere to the Operational and Performance Standards submitted with this application and attached hereto as Exhibit"A" and any amendments to those Operational and Performance Standards that are approved in writing by Eagle County planning staff. The Special Use shall comply with current Eagle County regulations with regard to noise. The Applicant may be required by the County staff to prove the dog kennel operation complies with the current noise regulations should a substantiated complaint be received. The County may require a hearing to revisit, revise or revoke the Special Use Permit should the County receive three(3) or more substantiated complaints 3 concerning noise from the Special Use within any six (6) month period. A substantiated complaint shall be a noise measurement in excess of those noise standards set forth in the then current Eagle County Land Use regulations. For purposes of this standard, three(3) or more substantiated complaints in any six (6) month period shall be deemed "inherently and recurrently" exceeding allowable noise levels as that term is used in the Eagle County Land Use regulations and will be deemed a violation of the same. At such hearing, the Applicant will propose noise mitigation methods to demonstrate to the discretion of the Board of County Commissioners that future compliance with County noise regulations can be achieved. 3. The Applicant shall pay Road Impact Fees to the Engineering Department upon establishing of the Special Use on the Subject Property. 4. Dog waste shall be collected on the Subject Property a daily basis and disposed of properly so as to not become a nuisance to adjacent property owners or impact water quality. 5. The Applicant shall correct the well location with the Colorado Department of Water Resources within one(1) year of the approval date of this Special Use Permit. The Applicant shall use an alternative water source for the Special Use that does not require a new well permit until such time that a new well permit is obtained that complies with the intended Special Use on the Subject Property. 6. The Applicant shall provide wildlife resistant trash containers on the Subject Property to be used in connection with the Special Use. Trash, including dog waste, shall be disposed of at a rate that does not create significant odor nuisance for the neighbors based upon three or more substantiated complaints of odor within a six (6)month period. 7. The County may require a hearing to revisit, revise or revoke the Special Use Permit should wildlife deaths of three(3) or more a year occur on Salt Creek Road related to the traffic associated with the Special Use. 8. The Special Use is limited to the operation under the direction of this Applicant. Any change in ownership of the Subject Property or the dog kennel business shall void this Special Use Permit. 9. Prior to recordation of the Amended Final Plat for the Subject Property, the Applicant shall modify or vacate the existing access easement to the Subject Property and reestablish as necessary to remove any restrictions that might prevent the Special Use. 10. The Applicant shall be required to extend the height of fenced dog areas on the Subject Property as may be necessary by adding either solid fencing or wire or mesh material to prevent dogs from jumping over the fences. 11. The total number of dogs kenneled in connection with the Special Use shall be limited to 10 at any one time. 4 II 12. The Special Use approval shall be reviewed by County staff after the Special Use has operated for 3 years from the date of approval. Staff shall notify the Applicant in writing of any potential violations of the approved Operational and Performance Standards, Land Use Regulations, or other terms of this Special Use approval that may need to be addressed. Should the potential violation be found by staff to be inconsistent with the Special Use approval and the potential violation is not addressed by the Applicant within thirty(30) days of notification, a hearing with the Board of County Commissioners may be required to review, revise, or revoke the Special Use Permit. 13. The Applicant shall work with Eagle County to install a traffic control sign along Salt Creek Road to warn travelers of the narrow road and curves in close proximity to the driveway for the Subject Property as may be permitted. Additionally, the Applicant shall install a sign along the driveway for the Subject Property warning drivers of a narrow driveway. 14. The Applicant shall provide two turnouts of approximately 8' in width along the driveway for the Subject Property so that cars can easily pass one another on the driveway. The Applicant shall work with Eagle County Engineering and the Fire District in the field to determine appropriate locations for the turnouts. 15. The Applicant shall adhere to any requirements of the Eagle County Building Department for the conversion of the first floor of the structure located at 2980 Salt Creek Road from a residential use to a dog kennel. 16. The boarding of dogs is regulated by the State of Colorado pursuant to Colorado Department of Agriculture section 8 CCR 1201-11. The Applicant shall obtain a license from the State as necessary to operate this Special Use. 17. Prior to the start of the Special Use, the OWTS will be certified by a Professional Engineer(PE) for commercial use. If any modifications and/or upgrades are required, these shall be completed prior to any business being conducted under the Special Use Permit. 18. The Applicant shall provide County staff with a yearly report starting in January 2015, documenting how the Special Use is meeting all the conditions of approval set forth herein. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. • 5 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 0 day of J UL , 2014, nunc pro tunc to the 7t'day of January, 2014. COUNTY OF EAGLE, STATE OF COLO- ' ' DO, By and Through Its BOARD OF of l'AGLC c TY COMMISSIONERS � � o ATTEST: ", ii"4 BY: ' , e /I AP . .Ow 1, ____ Teak J. Simonto r cLORas Ji,�n H. Ryan, Chairman Clerk to the Board of County Commiss ioners s�s By: V-i Li' ,- ► - u Sara J. Fisher, Commissioner , i ' ii .,,By: A / ii6OzL Kathy iik ndler-Henry, Commissions Commissioner —, seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan 18---1,, K Commissioner Sara J. Fisher Commissioner Kathy Chandler-Henry rial 41-14 4 v This Resolution passed by 6 vote of the Board of County Commissioner of the County of Eagle, State of Colorado 6