HomeMy WebLinkAboutR95-022 amendment for El Jebel Texaco PUDCommissioner moved adoption of the
following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95-
APPROVAL OF AMENDMENT OF
EL JEBEL TEXACO PLANNED UNIT DEVELOPMENT
FILE NO. PD- 313 -94 -A
WHEREAS, Isom and Associates ( "Applicant "), acting as agent
for owners, Kevin and Tammy Tucker, did file an application with
the Eagle County Department of Community Development on or about
September 1, 1994, for an amendment to the El Jebel Texaco
Planned Unit Development in the unincorporated area of Eagle
County described as follows; and
WHEREAS, the Applicant requested the amendment of the PUD to
allow for relocation of the previously approved gasoline station
and addition of a fast -food franchise restaurant with drive
through facilities; and
WHEREAS, notice of the proposed amendment was mailed to all
owners of property located within and adjacent to the PUD and was
duly published in a newspaper of general circulation throughout
the County concerning the subject matter of the application and
setting forth the dates and times of hearings for consideration
of the application by the Planning Commission and the Board of
County Commissioners of County of Eagle, State of Colorado
(hereinafter the "Board "); and
WHEREAS, at its public meeting held November 3, 1994, the
Roaring Fork Planning Commission, based upon its findings,
recommended approval of the proposed PUD Amendment with
conditions; and
WHEREAS, at its public meeting hearing of December 6, 1994,
the Board of County Commissioners considered the PUD Amendment
application, associated plans and the statements and concerns of
the Applicant and the Eagle County staff.
Based on the evidence, testimony, exhibits, review of the
Eagle County Master Plan, the recommendation of the Planning
Commission and staff, and comments from all interested parties,
the Board finds as follows:
1. The proposed amendment to the El Jebel Texaco Planned
Unit Development is consistent with the.efficient
development and preservation of the entire PUD.
2. The proposed amendment does not affect in a substantially
adverse manner either the enjoyment of the land abutting
upon or across the street from the PUD or the public
interest.
3. The proposed amendment shall not solely confer a special
benefit upon any person.
4. A change in land use designation is consistent with the
Master Plan and the area possesses the geological,
physical, and other environmental conditions compatible
-with the characteristics of the use requested.
5. The advantages of the proposed change in land use
designation outweigh the disadvantages.
6. The affected land has access and can be serviced with
water and sewage disposal systems appropriate for the
land use designation being sought.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT the application-of Isom and Associates, for Kevin and
Tammy Tucker, File No. PD- 313 -94 -A, for an Amended E1 Jebel
Texaco Planned Unit Development be approved, subject to the
following conditions:
1. Legal resolution, to the satisfaction of the County
Attorney's office, of the issue of construction of
landscaping, drainage, sidewalk and curb associated with the
El Jebel Texaco PUD project on the access and utility
easement on the north side of the property that is owned by a
separate entity, prior to issuance of any building permit on
the site. _
2. An amended Subdivision Improvements Agreement that details
and collateralizes required public and off -site improvements
associated with this PUD amendment must be approved by the
BOCC,.or improvements installed, prior to issuance of
. .any building permit on the site.
3. The PUD guide needs to be revised to reflect Planning
Commission recommendations as follows, prior to issuance of
any building permit on the site:
a. Setbacks revised to 47' feet to the canopy from the
front property line and 10' to the canopy from the rear
property line;
b. Lighting revised to 1) state that both parking lot and
building lights will be shielded to shine downward, 2)
clarify which "security lights" will remain on for all or
part of the night.
c. Signs revised to state that Section 2.11.06.3 applies.
The total sign square footage limitation is to remain at
184 s.f. The freestanding sign needs to be moved
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approximately three feet to the north to comply with the
Clear Vision Area stipulated in the sign code.
4. Revise landscape plan as follows and submit prior to
building permit approval:
a. reinstate the landscape materials that were shown in
the public right -of -way of El Jebel Road on the landscape
plan approved by the Planning Commission on 11/3/94 that
were subsequently deleted but move said materials to a
location on -site rather than in the public road right -of-
way;
b. include two additional 10' minimum evergreen trees on
the northwest corner of the site to mitigate the setback
from the lube /oil shop to SH82 and the associated visual
impacts;,
c. include a minimum of six 10' high evergreens on the
southeast corner of the site in clusters with the other
proposed landscape materials.
5. Resolution of traffic,
,satisfaction of the County
relevant regulations prior
for the site;
drainage and grading issues
Engineering Department per
to issuance of any building
to the
permit
6. Building exterior on the Wendy's shall be brick as
represented to the Planning Commission on 11/3/94.
7. After the final right of way line for E1 Jebel Road has
been established by the applicant, County and Colorado
Department of Transportation and prior to building permit,
the applicant shall present Planning staff with a revised
development plan that depicts that right -of -way line and
associated maintenance easements. If the new right -of -way
line encroaches onto the property, an amended final plat will
be required. Setbacks as approved must be maintained in any
case. If parking and landscaping are affected, a revised
development plan may be required. A five to ten foot
separation between any parking space and the public roadway
'curbing sk required.
THAT the Board of County Commissioners directs the Director
of the 'DepartMent of Community Development to provide a copy of
this - Resolution to the applicant.
THAT the - Board of County Commissioners finds, determines and
deelares..that.'this Resolution is necessary for the health, safety
and welfare of the citizens of Eagle County, State of Colorado.
MOVED; -1tEAD AND ADOPTED by the Board of County Commissioners
.of the Countyof Eagle, State of Colorado, at its regular meeting
held the`
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C,� _ day of , 19, nunc pro
tunc to the 6thday of December r 1994.
COUNTY OF EAGLE STATE OF COLORADO
By and Through Its BOARD OF COUNTY
'$ COMMISSIONERS
ATT T •
B
Sara J. Fisher G
Clerk of the Board of
County Commissioners
BY:
George A./Gates, Commissioner
Commissioner seconded adoption
of the foregoing Resolution. The roll having been called, the
vote was as follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson,_ Jr.
This Resolution passed by c ;� vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
X I NEPT-
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