HomeMy WebLinkAboutR92-117 special use permit The Riverwalk edwards service stationCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - 11 *7 W; APPROVAL OF SPECIAL USE PERMIT `1 William L. Williams - The Riverwalk in Edwards Service Station and Convenience Store FILE NO. ZS- 293 -90 WHEREAS, William L. Williams, ( "Applicant" application with the Eagle County Department of opment on or about April 2, 1990, for a Special service stations- -end convenience store, within a cial /Limited Zone District, in the unincorporat, County described as.follows: and y did file an Community Devel- Use Permit for a Commer- ad area of Eagle See Exhibit "A" attached hereto and incor- porated herein by this reference. WHEREAS, based on the evidence, testimony, exhibits, 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 par- ties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), at its regular meeting of May 22, 1990, found 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 the proposed special use conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will be compatible with existing uses in the area. 488149 8-592 P -052 10,/21,,`92 11:0.1-2 PG 1 OF 4 REC DOC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0-00 0.00 G C 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriate- ness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. 5. That for the above - stated and other reasons, the pro- posed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of William L. Williams, File No. ZS- 293-90, for a Special Use Permit for a service station and con- venience store within the Commercial /Limited Zone District des- cribed 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: 1. Prior to the issuance of any building permit: A land- scape plan and architectural rendering shall be sub- mitted by Applicant, reviewed and approved by the County, depicting pedestrian circulation, berming and /or landscaping to provide a streetscape design. In addition, landscaping is to be shown along the internal lot lines. 2. A performance guarantee shall be submitted in an amount sufficient to cover the landscape improvements. 3. Access permits shall be approved by the State Highway Department and submitted to the County. 4. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. cm THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfac- torily resolved by the staff. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. THAT, this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County o Eagle, State f Colorado, at its regular meeting held the _ .�-�'�., day of ,� 1992, nunc pro tunc May 22, 1990. lerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: 2� Richard L. Gustafson, Chairman DonalT H. Welch, Commissioner George A. Gates, Commissioner Commissioner "/ seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #ZS- 293 -90 -3- 85 E)MIBIT A LEGAL DESCRIPTION SPECIAL USE PARCEL A part of the East 1/2 of the East 1/2 of Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section 5; thence N 01 °25'59" W and along the East line of said Section 5, 856.89 feet to a point on the Northerly right of way line of U.S. Highway 6; thence N 47 °5259" W and along said Northerly line 1,363.04 feet to the point of beginning, thence continuing along said Northerly right of wav line N 47 °52'59" W 210.00 feet to a point on the Easterly right of way line of Interstate Highway 70 access to U.S. Highway 6; thence N 30 °09'01" E and along said Easterly line 220.00 feet; thence S 03 °65'00" E 85 feet; thence S 53 °95'00" E 200.00 feet; thence S 41 °50'00" W 157 feet; to the point of beginning, containing 0.847 acres, more or less. LEGAL DESCRIPTION RIVERWALK IN EDWARDS A part of the East 1/2 of the East 1/2 of Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Sectiop 5; thence N 01 °25'59" W and along the East line of said Section 5,''656.89 feet to the point of beginning, said point being also on the Northerly right of way line of U.S. Highway 6; thence N 47 52'59" W and along said Northerly line 1,573, 04 feet to a point on the Easterly right of way line of Interstate Highway 70 access to U.S. Highway 6; thence N 30 °09'01" E and -along said Easterly line 773.00 feet to the Southerly line of a parcel of land owned by the Division of Highways, State of Colorado, as recorded in Book 215 at Page 670; thence S 59 °50'01" E and along said Southerly line 150.00 feet; thence S 27 °50'59" E and along said Southerly line 690.00 feet; thence S 49 °50'59" E and along said Southerly line 451.53 feet to a point on the East line of said Section 5; thence S 01 °25'31" W and along.said East line 747.04 feet to the point of beginning, containing 20.121 acres, more or less; And a parcel of land located in the Northwest 1/4 of the Southwest 1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of the Northwest 1/4 of the Southwest 1/4 of said Section 4; thence N 01 °25'33" E 254.00 feet along the West line of said Section 4 to the centerline of the Eagle River; thence along said centerline of the following four (4) courses; 1). S 72 °34'27" E 148.00 feet; 2). S 87 °55'51" E 209.11 feet; 3). S 62 °2845" E 181,07 feet; 4). S 10 °44'20" E 123.00 feet to a point on the South line of said Northwest 1/4 of the Southwest 1/4 from whence said Southwest corner bears N 89 °44'20" W 540.00 feet; thence Westerly along said South line 540.00 feet to said point of beginning, containing 2.49 acres, more or less.