HomeMy WebLinkAboutR94-020 Sketch and Preliminary Plan for Texaco PUD El JebelCommissioned moved for adoption of the �U7 f oloLowing Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO a RESOLUTION NO: 94 - aQ o APPROVAL OF COMBINED SKETCH AND PRELIMINARY PLAN OF THE EL JEBEL p o TEXACO PLANNED UNIT DEVELOPMENT W �o FILE NO: PD- 313- 93 -S /P � P WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, N comments of the Eagle County Department of Community Development, w comments of public officials and agencies, the recommendation of the Roaring Fork Planning Commission, and comments from all interested parties, the Board of County Commissioners of the M Cd County of Eagle, State of Colorado, finds as follows: N �4 N cd 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners; WHEREAS, Isom and Associates (Applicant "), acting as agent for owners,_Floyd and June Crawford, did file an application with the Eagle County Department of Community Development on or about August 1, 1993, for combined Sketch Plan and Preliminary Plan o approval of the E1 Jebel Texaco Planned Unit Development; and WHEREAS, approval of the Sketch and Preliminary Plan would allow for construction of a gasoline station, a convenience � 0 market that includes food service, a car wash and a tire and lube Q-e business upon the following described parcel of land: w M S4 M N C, u See Exhibit A and WHEREAS, pursuant to Section 2.06.13(9) of the Eagle County co ° Land Use Regulations regarding Minor Planned Unit Development, U Sketch Plan and Preliminary Plan submittals may be combined; and N N O r-I b WHEREAS, at its public hearing on November 18, 1993, the w Roaring Fork Planning Commission, based on its findings, rn recommended approval of the combined Sketch and Preliminary Plan w of the El Jebel Texaco Planned Unit Development, and � P WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, N comments of the Eagle County Department of Community Development, w comments of public officials and agencies, the recommendation of the Roaring Fork Planning Commission, and comments from all interested parties, the Board of County Commissioners of the M Cd County of Eagle, State of Colorado, finds as follows: N �4 N cd 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners; 2. That all criteria of Section 2.06.13.(4) PUD Sketch Plan Application, Section 2.06.13 (5) PUD Sketch Plan Review, of the Eagle County Land Use Regulations have been considered; 3. That there is conceptual evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought; 4. That the land included in the proposed Sketch /Preliminary Plan is suitable for subdivision; 5. That comments and recommendations from the agencies listed in Section 2.17.02 (1) Eagle County Land Use Regulations have been considered; 6. That the evidence shows that access which capable of servicing the development from the state highway system to the parcel of land proposed for subdivision can be built by the Applicant; 7. That an environmental impact statement is not required; 8. That the proposed PUD control document is satisfactory (see Exhibit B attached); 9. That an appropriate zone change application has been received; 10. That the proposed Sketch and Preliminary Plan is in conformance with the applicable Master Plan policies and all other applicable policies, guidelines, zoning and regulations; 11. That the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested; 12. That the advantages of the use requested outweigh the disadvantages; 13. That the area for which the rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use of density in the area. 14. The proposed rezoning is necessary in order to provide land for demonstrated community need; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application submitted by Isom and Associates (acting as agent for Floyd and June Crawford) for approval of a combined Sketch and Preliminary Plan for the El Jebel Texaco to Planned Unit Development and is hereby approved for the application, File No.PD- 313- 93 -S /P, subject to the following conditions: 1. Prior to or upon submittal of the Final Plat, the applicant shall submit the following items to County staff for review and approval as per applicable codes, regulations and policies: a. A drainage study, so that any drainage or easement issues (particularly in regards to adequacy of proposed "soak- aways ") can be resolved prior to approval of a Final Plat; b. A utility plan, shown on the Final Plat, including all existing and proposed facilities and easements, including those that will be abandoned by this plat and addressing the comments of the local fire district requiring hydrants to be within 150' of any exterior portion of the building, specifying water main size and fire flows in gallons per minute. C. Inclusion on the Final Plat of the E1 Jebel Road Right - of -Way improvements design, including the lane configuration, necessary amount of amount of right -of -way dedication, pedestrian improvements on or near the property, and driveway improvements (curb /gutter). Construction of the necessary improvements by the applicant is recommended, which would include the one -way driveway onto E1 Jebel Road from the site. d. A note on the plat regarding perpetual access to the 50' easement to the north of the property that will provide access to El Jebel Road, stated to the satisfaction of the County Attorney and County Surveyor. Road and landscaping maintenance shall be addressed in the easement language. 2. Stop signs shall be installed per Engineering Department specifications at all public street and driveway intersections prior to any Temporary Certificates of Occupancy. 3. A revised landscaping plan shall be submitted with Final Plat. The revised plan shall include additional plantings along the property frontages on E1 Jebel Road and Highway 82 to mitigate the removal of the mature trees presently located on the site and the reduction in presently required setbacks. At minimum, there shall be 28 trees planted on the two public street frontages, alternating between 6' high evergreens and 8' deciduous trees. These may be clustered in selected areas if preferred. Shrubs of a minimum 5 gallon size (when planted) shall be planted at every 10' on center or clustered if preferred. Species less than 2.5' tall at maturity should be chosen for areas around drive entrances. All other areas shall be planted with trees, shrubs, groundcovers or covered with inorganic landscaping materials. Plant types and 3 quantities presently shown on the development plan may be used to satisfy the above requirement. In all other non - street frontage areas, the landscape design as shown (on the Sketch /Preliminary Plan) shall be the required minimum. The plan shall also show the method of irrigation and include an estimated cost for the landscaping improvements. Said landscaping shall be collateralized per the County's improvement collateralization process prior to issuance of any building permit for the project. 4. Sign square footage for the total of all signs on site is limited to 184 square feet. Signs require permit approval. 5. General conformance with the style and materials for the building as shown in the elevations included in the Sketch /Preliminary submittal, including block or wood siding, windows, pitched roof on the tire /lube shop and an entry treatment for the Texaco building. A metal or plastic fascia band that surrounds the top of the building is not permitted. 6.Temporary or permanent outside storage of tires or any other business - related materials is not permitted with the exception of one storage structure, maximum 10' x 20' in size, screened from view for storage of tires on a temporary basis. 7. A drive -up service window on the south side of the service station /convenience market building is not permitted without review and approval by the Planning Commission and Board of County Commissioners of an amended development plan. 8. Resolve all referral agencies comments prior to the Final Plat or prior to building permit issuance as specified by the following: a. A complete and approved plan for disposal of wastes and drainage associated with the motor vehicle servicing operations at the site must be approved by Eagle County Environmental Health prior to issuance of any building permits for the site. b. The petroleum tank leak at this site must be resolved to the satisfaction of the Colorado Department of Health prior to issuance of any building permits for the site. c. Floor and operations plans for the food service portion of the building must be approved by Eagle County Environmental Health prior to issuance of a building permit for the service station building. 9. Building heights limited to 25' maximum. Planned Unit Development Guide to be revised as such. 10. Building design for the lube and tire shop to be revised prior to building permit application to show a reduced building C! a :h height on the side of the building that is adjacent to Highway 82 to mitigate the reduced setback on Highway 82. and 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; and THAT, the Board of County Commissioners 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 meeting held the fAt� day of � , 199L, nunc pro tunc to the 23rd day of er, 1993. Q e UNTY OF EAGLE, STATE OF COLORADO and Through its OARD OF COUNTY COMMISSIONERS ATTEST: BY: BY: Sara J. Fis? er Clerk to the Board of Co q of th _ vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates q, =1 Commissioner James E. Johnson, Jr. �2 on This Resolution passed by a a —O vote of the Board of County Commissioners of the County of Eagle, State of Colorado. W w J nnette Phillips, Chairperson EXHIBIT A A PARCEL OF LAND SITUATED IN TRACT 39, TRACT 43 AND TRACT 46, SECTION 3, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 1 OF SAID TRACT 43, COMMON TO ANGLE POINT NO. 2 OF SAID TRACT 46, WHENCE THE WITNESS CORNER TO SAID ANGLE POINT NO. 1, A 3 ALUMINUM CAP IN PLACE BEARS S 00 °55 W 51.41 FEET; THENCE S 13 0 30 1 37" W 32.18 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF COUNTY ROAD NO. S -13, THE TRUE POINT OF BEGINNING THENCE S 02 0 05 1 49" E ALONG SAID WESTERLY RIGHT -OF -WAY 76.09 FEET TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 268670 OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE; THENCE S 10 0 05 1 30" E ALONG SAID EASTERLY LINE 120.91 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE S 02 0 00'30" W 32.61 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5770.00 FEET AND A CENTRAL ANGLE OF 04 0 34'33 ", A DISTANCE OF 460.81 FEET (CHORD BEARS N 59 °34 W 460.69 FEET); THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 60 0 12'30" E 12.04 FEET; THENCE N 89 0 47'30" E 2.41 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF A DITCH EASEMENT; THENCE N 51 0 24 1 56" W ALONG SAID DITCH EASEMENT 82.18 FEET; THENCE LEAVING SAID DITCH EASEMENT S 86 0 15 1 43" E 185.93 FEET TO A POINT ON THE WESTERLY LINE OF THAT PROPERTY SHOWN IN RECEPTION NO. 394571 OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE; THENCE S 00 0 40 1 50" W ALONG SAID WESTERLY LINE 5.83 FEET TO THE SOUTHWEST CORNER OF SAID RECEPTION NO. 394571; THENCE N 89 0 23'27" E ALONG THE SOUTHERLY LINE OF SAID RECEPTION NO. 394571 10.09 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 00 0 56'05" E 5.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE S 86 0 15'43" E 86.22 FEET; THENCE S 72 0 51 1 44" E 150.83 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINING 1.284 ACRES, MORE OR LESS. TOGETHER WITH A PRIVATE NON - EXCLUSIVE, AND PERPETUAL ACCESS AND UTILITY EASEMENT, WHICH EASEMENT IS DESCRIBED AS FOLLOWS: A STRIP OF LAND SITUATED IN TRACT 39 AND TRACT 43, SECTION 3, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 1 OF SAID TRACT 43, COMMON TO ANGLE POINT NO. 2 OF SAID TRACT 46, WHENCE THE WITNESS CORNER TO SAID ANGLE POINT NO. 1, A 3" ALUMINUM CAP IN PLACE BEARS S 00 °55 W 51.41 FEET; THENCE S 13 0 30 1 37" W 32.18 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF COUNTY ROAD NO. 5 -13, THE TRUE POINT OF BEGINNING THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY N 72 0 51 1 44" W 150.83 FEET; THENCE N 86 0 15 1 43" W 86.22 FEET; THENCE S 00 0 56 1 05" W 5.07 FEET; THENCE S 89 0 23 1 27" W 10.09 FEET; THENCE N 00 0 40 1 50" E 5.83 FEET; THENCE N 86 0 15 1 43" W 185.93 FEET; THENCE N 03 0 44 1 17" E 50.00 FEET; THENCE S 86 0 15 1 43" E 288.15 FEET; THENCE S 72 0 51 1 44" E 139.26 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF COUNTY ROAD NO. 5 -13; THENCE S 02 0 05 1 49" E ALONG SAID WESTERLY RIGHT -OF -WAY 52.96 FEET TO THE TRUE POINT OF BEGINNING SAID EASEMENT CONTAINING 0.495 ACRES, MORE OR LESS. EXHIBIT B EL JEBEL TEXACO SERVICE STATION PLANNED UNIT DEVELOPMENT CONTROL GUIDE 1. PURPOSE: To allow for the operation of a gasoline station, convenience store, food service, and tire store /oil change & lubrication facility. 2. USES BY RIGHT: A. Commercial space for retail sales including but not limited to: 1. Automotive and vehicular parts 2. Gas, oil, and other petroleum products 3. Beverages and food 4. Dry goods, cards: gifts and souvenirs 5. Drive - through food service subject to a revised site plan approved by the Planning Commission and Board of County Commissioners B. Commercial space for servicing of automobiles and other vehicles, including but not limited to: 1. Lubrication 2. Oil change 3. Tire sales, mounting, and balancing 4. Wheel alignment 5. Car wash 3. MINIMUM SETBACKS FOR STRUCTURES FROM PARCEL A PROPERTY LINES: A. Front (Hwy 82) 12.0 feet on tube & tire, 35.0 feet on convenience store B. Front (El Jebel Rd) 25.0 feet C. Rear (North) 10.0 feet for the convenience store /carwash D. Rear (North) 10.0 feet for the lube and tire store Or as shown on the Development Plan. Setbacks for the canopy shall be 17 feet from Parcel A property line. 4. MAXIMUM BUILDING HEIGHT: A. To ridge line 25.0 feet B. Clearance for Canopy Minimum of 13' -6" 5. MAXIMUM LOT COVERAGE: A. Buildings: 50% B. All impervious materials: 80% a_ 1 EL JEBEL TEXACO SERVICE STATION/PUD CONTROL GUIDE /page 2 6. SIGNAGE: All signs must adhere to the Eagle County Sign Code, Section 2.11 of the Land Use Regulations, specifically Section 2.11.06(.3)(a)(1), Signs allowed in Commercial and Industrial Zone Districts, but signs shall not exceed 184 square feet for the total project. TRASH: All trash receptacles must be enclosed and screened from view. O June Crawford Date: f _'/ - /-/ Date: 1/10/94 (9307CG)