HomeMy WebLinkAboutR02-145 special use permit for Roger Brown Day Care CenterJNL
Commissioner P2 naDtagAl.� moved adoption
of the LIlowing Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002
APPROVAL
OF THE SPECIAL USE PERMIT
for the Roger Brown Day Care Center
FILE NO. ZS -00096
WHEREAS, on or about June 24th, 2002, the Eagle County Department of Community
Development, County of Eagle, State of Colorado, accepted for filing an application submitted
by Roger Brown (hereinafter "Applicant "), for a Special Use Permit to operate a Day Care
Center, consisting of up to 15 children, in the Brown residence, and the continuance of a small
Home Business, for Summit Films, also in the Brown residence; located in the Resource zone
district in the unincorporated area of Eagle County described as follows:
Parcel 2 of the Brown Exemption, 1055 Cottonwood Pass Road, South of Gypsum;
See Exhibit `A'
WHEREAS, the State will provide a licence for this use, upon approval of this file. The
Browns currently operate a Day Care Home (defined by Eagle County Land Use Regulations as a
facility for up to six (6) children) which is also State licenced; and
WHEREAS, a small Home Business, for Summit Films, has been in existence in the
Brown residence since 1978 and is to continue; and,
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Planning Commission September 4th, 2002 and by the Eagle County Board of
County Commissioners on September 17th, 2002; and,
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
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Sara J Fisher Eagle, CO M R 0.00 D 0.00
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 -250.8
Standards for the review of a Special Use Permit:
(1) Section 5- 250.13.1. Consistent with Master 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
Master Plan and Master Plan FLUM, including standards for building and
structural intensities and densities, and intensities of use.
(2) Section 5- 250.11.2 Com atibili . The proposed Special Use IS
appropriate for its proposed location and IS compatible with the character
of surrounding land uses.
(3) Section 5- 250.13.3 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 -310, Review Standards Applicable to Particular Residential.
Agricultural and Resource Uses.
(4) Section 5- 250.11.4 Design Minimizes Adverse Impact. Approval of this
Special Use application WILL NOT generate any undue ocular, auditory
or olfactory impacts. Further, the existing access and parking areas are
sufficient to support the proposed uses and WILL NOT create a nuisance.
(5) Section 5- 240 -F -3.e (5) Desi n Minimizes Environmental Im act. 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) Section 5- 250.13.6 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) Section 5- 250.13.7 Site Development Standards. The proposed Special
Use DOES fully comply with all applicable standards in Article 4, Site
Development Standards.
F,
(8) Section 5- 250.B.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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the application of Roger Brown, File No. ZS- 00096, for a Special Use Permit to
operate a Day Care Center, consisting of up to 15 children, in the Brown residence, and the
continuance of a small Home Business, for Summit Films, also in the Brown residence; located
in the Resource zone district in the unincorporated area of Eagle County described herein, be
approved, subject with the following conditions, and that violation of these conditions shall be
the basis for revocation of the Special Use Permit:
Except as otherwise modified by this 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. All comments from the July 23rd, 2002 memo written by Dan Stanek, of the Eagle
County Building Department, must be satisfied prior to the Brown Day Care
Center beginning operation.
3. This day care center shall be limited to 15 children.
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
2002, nunc pro tune to the 17th day of September, 2002.
3
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
ATTEST: y. ,
BY: (j�{a( ^J � E � „ � BY:
R
Sara J. Fisher
���,� Michael L. Gallagher Chairman
Clerk to the Board of
County Commissioners
B
M. Menconi, Commissioner
BY: 1�tg lj&�e
om C. Stone, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Michael L. Gallagher
Commissioner Am M. Me con _
Commissioner Tom C. Stone
This Resolution passed by c7 ` c) vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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NOTES
USE OF THIS MAP SHOULD BE FOR
AAd
GENERAL AND INFORMATIONALH
PURPOSES ONLY, EAGLE
COUNTY DOES NOT WARRANT
THE ACCURACY OF THE
INFORMATION CONTAINED HEREIN. jj1.GLE COUNTY