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HomeMy WebLinkAboutR97-120 special use permit for Edwards Plaza Lot 2Comte'7sioner moved - doption of the &lowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 - /fin APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT Edwards Plaza, Lot 2 FILE NO. ZS- 00013 i� WHEREAS, Fritz Schmidt, ( "Applicant') did file an application with the Eagle County Department of Community Development on or about April 21, 1997, for an Amended Special Use Permit for site plan review for 12,000 square feet of commercial floor area, a 5,500 square foot restaurant and two employee dwelling units to be contained within Building One on a commercial lot greater than one acre in size which occurs within the Commercial General (CG) Zone District, in unincorporated Eagle County described as Edwards Plaza, Lot 2; I IIIIII VIII IIIIII IIII (III VIII IIIIIIII 111 1111111 IN IN and 631807 08/28/1897 04:22P B735 P852 1 of B R 0.00 D 0.00 Sara J Fisher, Eagle, CO 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 X p 9 Y 9 tY P 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 ( "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. That the proposed special use conforms to the requirements 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. 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, appropriateness of the physical arrangement of the use on the proposed site, consistency with the Master Plan, and adequacy of the environmental impact report. 5. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE Br7 'T RESOLVED BY THE BOARD OF ^OUNTY COMMISSIONERS OF = COUNTY OF EAGLE, STATE O! COLORADO: That the application of Fritz Schmidt, File No. ZS- 00013, for a Special Use Permit for site plan review for a commercial Lot of gre &ter than one acre in size, allowing a maximum of 18,700 square feet of commercial floor area and two employee dwelling units to be contained within Building One, as shown on the attached site plan, within the Commercial General Zone District described 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. Building One is approved for a total of 18,700 square feet of use to be provided in the following manner: 12,000 square feet of commercial space 5,500 square feet for a restaurant 1,200 square feet for two residential units 2. Building One will provide 44 underground parking spaces. 3. Conceptual approval has been granted for Building Two, however the Board of County Commissioners must review and approve the site plan and uses prior to issuance of a Building Permit. Site plan and use information must be submitted to the Planning Division for review and presentation to the Board. 4. The applicant has agreed to provide a walking trail /bike path along the Eagle River which connects to the Riverwalk trail to the east. Construction plans for the path must be approved and collateralized upon issuance of a building permit for the site and construction completed prior to occupancy occurring within Building Two, but in no case later than January 1, 2000. Further, the path must meet the recommendations of the Eagle County Trails Plan and other Eagle County regulations. 5. Drainage issues to be designed in accordance with the Eagle River Watershed Plan, County Regulations and approved by the County Engineer prior to issuance of a building permit for this site. 6. The Amended State Highway Access Permit must be approved prior to issuance of a building permit for this site. 7. Additional details be provided regarding restrictions and method of maintenance of the Employee Housing on the site. The applicant has stated that these two units will be rental units available on priority first for employees within Edwards Plaza, second - for employees within Eagle County and lastly for the general public. These units are strictly prohibited from being short-term rental units. One parking space will be specifically dedicated for each unit in perpetuity. The remaining required parking will occur within the development in general. PA 8. Revisions be mar'-'Jo the site plan to reflect the uses r-�nted, the maximum square footage c.__ses and the parking requirements t, reach of the buildings. If possible the applicant should provide an 11" x 17" size of this site plan so that it may be recorded with the resolution. 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. 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 satisfactorily resolved by the staff. 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 25th day of August, 1997, nunc pro tunc to the 17th day of June, 1997. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTE : BY �- Sara J. Fisher o� E Clerk to the Board of e County Commissioners w C�4oRnt Johnnette Phillips/Chairman • ]• R • - kl 4, GT� G rge A. Gates ,Commissioner Commission r (gip a - seconded adoption of the foregoing Resolution. The roll having been call d, the vote was as follows: Commissioner Je Phillips Commissioner James ames E. Johnson, Jr. Commissioner George A. Gates �F This Resolution passed by ( -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. LOT 2 DEVELOPMENT ? ,'—)OSCAPE NOTES "" l 1— M QMMACM1N m.. AIVhPRAM MeA l SYM. - - xw wxrt muL Avw . I:LOn s - vv Aorcs z An IK[S . 9eNes m ¢ wARA(° er M }✓{s A. Soo ANo e^w v>¢ - laru P w ae.e Acv( EDWARDS P[AZA PHASE It rnsmc c L Ae R A[p.Ia(u Lor s I. YA M ¢ Po MM 9R0 IG4 QLWIFACRw AS YARw X0.RYlM I$ °'cIAIF PLANT LIST }g 4}l5 ArA./IR ¢!(CI[1MAQI( Z° ftlSM1MG Ii 2. 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