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Home My WebLink AboutR99-014 Approval of Edwards Station Special Use PermitCommissioner J H / / ^,'� / moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. � - � L/ Y APPROVAL OF SPECIAL USE PERMIT EDWARDS STATION East West Partners FILE NO. ZS -00033 WHEREAS, East West Partners; ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about April 1, 1998 for a Special Use Permit for passenger van parking, food /beverage drive thru facility, convenience store facility, public oil /lube facility, gas station with 6 fueling islands, 2 3- bedroom employee housing units and uses -by -right occurring on a parcel larger than one acre which has not previously been subdivided within the Commercial General Zone District, in the unincorporated area of Eagle County described as follows: EXHIBIT A 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 ( "the Board "), finds as follows: 1 111111 IIIII 1111111 III11 II III11 11111111 III 111111111 IIII 686047 02/04/1999 04:50P 370 Sara Fisher 1 of 12 R 0.00 0 0.00 N 0.00 Eagle CO 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 Uses, as conditioned, conform to the requirements of Section 5- 250(B) of the Eagle County Land Use Regulations, as follows: a. The proposed Special Uses are appropriate for their proposed location and are 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. b. The proposed Special Uses are appropriate for their proposed location and compatible with the character of surrounding land uses. C. The proposed Special Uses comply with the standards of the zone district (Commercial General) in which it is located and any standards applicable to the particular use, as identified in Section 3 -330, Review Standards Applicable to Particular CQmmercial and Industrial Uses specifically those relating to a drive -thru facility and swelling units. d. The design of the proposed Special Uses minimizes adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Uses avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and do not create a nuisance. e. The proposed Special Uses minimize environmental impacts and do not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. E } f. The proposed Special Uses shall be 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. g. The proposed Special Uses comply with the appropriate standards in Article 4, Site Development Standards h. The proposed Special Uses comply with all standards imposed on them by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. 3. ' That for the above - stated and other reasons, the proposed special uses are 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 Edwards Station, File No. ZS- 00033, for a Special Use Permit for passenger van parking, food /beverage drive thru facility, convenience store facility, public oil /lube facility, gas station with 6 fueling islands, 2 3- bedroom employee housing units, and uses -by -right occurring on a parcel larger than one acre which has not previously been subdivided 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. Before being eligible for any building or grading permit associated with the uses approved by this Special Use Permit, a Minor "A" Subdivision, including an approved Subdivision Improvements Agreement, shall be approved by and recorded with Eagle County. 3 2. All uses (special and by- right) approved by this Permit shall be subject to all applicable Site Development Standards of the ECLUR, including but not limited to, Division 4 -3 (Sign Regulations) and Division 4 -5 (Commercial and Industrial Performance Standards) of the Eagle County Land Use Regulations. 3. The term of this Special Use Permit as it relates to each of the respective special uses - commercial van parking facility, food and beverage drive -thru facility, employee housing, convenience store, six fueling islands, and public oil /lube facility - shall be for the life of the active use of the property as, respectively, a commercial van parking facility, food and beverage drive -thru facility, employee housing, convenience store, six fueling islands, and public oil /lube facility. Non -use as a van parking facility, food and beverage drive - thru facility, employee housing, convenience store, six fueling islands, or public oil /lube facility, respectively, for a continuous period of three (3) years shall be deemed an abandonment of that portion of the permit. In any event, this Special Use Permit shall immediately require amendment upon application for a building permit and /or other exercising of any "use by right" provided for in the underlying zone district applicable to the property other than the uses specifically identified in the application and site plan, specifically: public car wash facilities (three wand bays and one high -speed tunnel), two fast food facilities, office space, and mechanical bay /car wash each as set forth on the attached site plan for which this permit is given. 4. The number of parking spaces on the site for commercial transportation vans and other vehicles used for commercial transportation shall not exceed 87. 5. There shall be no commercial transportation van parking immediately north of the CME office building. 4 �3 6. The applicant shall construct a sidewalk or pedestrian path along the Spur Road for the entire length of the Edwards Station property according to then - current Eagle County Trail standards; and shall maintain the same in an open, safe condition free and clear of debris and snow until such time as the path or sidewalk is accepted for maintenance by Eagle County or other public entity. 7. The panel of parking denoted on the attached site plan as Panel A shall be recessed by 3 -4 feet.The applicant will construct retaining walls around each tree planted in the landscape medians directly to the north and south of the recessed panel of parking. The trees to be planted on the landscape medians will be 12 foot high evergreen trees selected and spaced so they will create an effective visual barrier from the Singletree residential neighborhood. 8. If not installed by Colorado Department of Transportation before the issuance of a Temporary Certificate of Occupancy (if none, a Certificate of Occupancy) for the second structure built or October 14,1999, whichever is later, the Applicant shall fund and install a street light for purposes of illumination at the intersection of Edwards Spur Road and Old Edwards Estates Road. Installation shall incorporate all Colorado Dept. of Transportation standards and /or requirements for street lights. 9. Before the issuance of a grading and /or building permit, whichever shall be first, the applicant must have received the Planning Department's approval of a detailed Landscape Plan in conformance with Sections 4 -200 through 4 -240 of the Eagle County Land Use Regulations. Applicant shall complete and maintain the approved Landscaping Plan in accordance with Section 4 -240 of the Eagle County Land Use Regulations.. 10. The applicant shall provide a total of 105 public parking spaces (or 100 spaces until Miller Ranch Road is constructed), as shown on the site plans attached hereto, of which seven shall be handicapped persons parking spaces; provided, however, that if the regulations (specifically ECLUR 4- 140.E) are amended, having the effect of reducing the number of required handicapped persons spaces, and 5 y . effective before the date of issuance of a temporary occupancy permit for the restaurant building, the number of handicapped persons parking spaces shall be the reduced number. 11. The site plans attached hereto as Exhibits B -1 and B -2 represent the proposed, approved uses and are incorporated herein by this reference. 12. Except as otherwise modified by this Permit, all material representations of the Applicant in this 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 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 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 1st day of February, 1999, nunc pro tunc to the 4th day of January, 1999. yo:g � N COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: L By= j tmA �J 770h", By: Sara J. Fisher ohnnette Phillips, Chairman Clerk to the Board of County Commissioners 0 Tom Stone, Commissioner Commissioner ��=12 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. [e Commissioner Tom Stone This Resolution passed by X 3--0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 7 1 EXHIBIT A A Porcei of fond located in the NW 1/4 of Township 5 South. Range 82 West of the Sixth Principal Meridian, Eagle Cormty, Colorado. being a combination of a parcel as described In o deed recorded in Book 485 at Page 181 Eogie County records, and a parcel described in a dead recorded at Reception No. Eagle County records, bang more porticotarly descrihed as (Oaoww Beginning at a point of intersection of the South r Of way line at Interstate Highway No. 70 with the East right of wa line of Rood 'E': thence S25 26' 30'W along the easterly line of sold Rood 154.30 feet to a point; thence continuing long the easterly line of Rood 'E", on a curve to the right (curve to not tangent to prevtous cause) having a radius of 577.50 feet, o oentrel angle of 19' 56' 36', on arc length of 201.01 feet, and whose long chord bears S41' 3b' 18'W o distance of 200.00 feet; thence 554' 37' 12'E. 400.00 feet; thence N35' 56' 28'E. 513.14 feet to a point On the southerly right of ray line of interstate Highway No. 70; thence N70'22'00'1$ 30229 feet along said southerly right— of —woy line; thence continuing along said line NBB'4B' 00"W 14"G feet to the Point of Beginning. Containing 4.054 acres, more or lose