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HomeMy WebLinkAboutR02-122 special use permit for food service receiving and distribution center in Beaver Creek Maintenance CenterI Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - APPROVAL OF A SPECIAL USE PERMIT FOR THE OPERATION OF A FOOD SERVICE RECEIVING AND DISTRIBUTION CENTER WITHIN THE BEAVER CREEK MAINTENANCE CENTER FILE NO. ZS -00092 WHEREAS, on or about May 1, 2002 the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail Associates, Inc., (hereinafter "Applicant ") for a Special Use Permit for a Food Service Shipping and Receiving Warehouse operation within the Beaver Creek Mountain. Operations Maintenance Center located on an unplatted parcel in the Beaver Creek PUD, designated Open Space Recreation, in the unincorporated area of Eagle County described as follows: A 4,200 square foot space located in the north end of the 23,000 square -foot maintenance facility, which is located approximately 2400 feet south of the present day Beaver Creek Service Center (tract M), and immediately west of the Dally Ski Way. SEE ATTACHED EXHIBIT "A ", Vicinity Map, and - - - -- EXHIBIT «B» Site Plan; and - - -- - - - - -- WHEREAS, the Amended and Restated Guide to the Beaver Creek Planned Unit Development, approved March 29, 1994, requires a Special Use Permit for "receiving and delivery space operations" within those areas of the resort designated "Open Space Recreation "; and IIIIIIIIIIVVIIINIIIIIIIIIIIIIIII�IIIIIIIAIIIIIIIY 80?0':,.. Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 WHEREAS, notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and WHEREAS, at its public hearing held June 19, 2002, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; 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 Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "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; and, That pursuant to Eagle County Land Use Regulations Section 5- 250.b, Standards for the review of a Special Use Permit: 1. Consistent With Master Plan. The proposed Special Use is appropriate for its proposed location and is 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. 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 Section 3 -310, Review Standards Aimlicable to Particular Residential. ARriculturaI and Resource Uses . 4. Design minim& es adverse hg act. The design of the proposed Special Use does minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance. 2 S. Design minimizes environmental impact. 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. 6. Isnpact on public, facilities. 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. 7. Site development standards. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. S. 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 Vail Associates, Inc., File No. ZS- 00092, for a Special Use Permit for a Food Service Shipping and Receiving Warehouse operation within the Beaver Creek Mountain Operations Maintenance Center located on an unplatted parcel in the Beaver Creek PUD, designated Open Space Recreation described herein, be and is hereby 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: 1) That the Applicant provide sufficient barriers and/or separation along that portion of the Dally Skiway traveled by food service delivery vehicles in order to guarantee skier safety. 2) That trucks descending the Dally Skiway from the new warehouse toward the Beaver Creek Village be discouraged from using their ".lake" brakes. 3) That the Applicant provide evidence that on -site trash containers will be bear proof, as required by Eagle County Land Use Regulations (see Exhibit "C ", letter from Colorado Division of Wildlife). 3 a. 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 inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County CommissiorXrs of the County of Eagle, State of Colorado, at its regular meeting held th day of , 2002, nunc pro tunc to the 2 "d day of July, 2002. o� ATTEST: s By: Sara J. 4FiserAl C lerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner . seconded adoption of the foregoing Resolution. The roll having been called, t1k vote was as follows: Commissioner Michael L. Gallagher OAIIJ- Commissioner Tom C. Stone Commissioner Am M. Menconi This Resolution passed by (3a _ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4