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HomeMy WebLinkAboutR11-098 Schmidt Special Use Permit EAGLE COUNTY. CO TEAK J SIMONTON 20111643? 4 4.0e Doc , OS/06/2011 11E111 0 11111 I 1111 1111 Commissioner 1 12- A/A— L 1 moved adoption of the following Resolution: \t4(1 RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO 6 RESOLUTION NO. 2011 - 09 0 APPROVAL OF THE SCHMIDT SPECIAL USE PERMIT TO ALLOW RESIDENTIAL USE IN THE COMMERCIAL GENERAL ZONE DISTRICT FILE NO. ZS-3055 WHEREAS, on or about October 22, 2010, Fritz Schmidt (herein after "Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit to allow a residential structure within the Commercial-General Zone District in the unincorporated area of Eagle County described as follows: Edwards Plaza Subdivision Consolidation of Lots 1 and 213 / 71 Edwards Access Road WHEREAS, the subject property has been developed with a single-family residential structure since 1973. This residential structure was erected prior to the implementation of zoning in unincorporated Eagle County. Zoning was first adopted and implemented in unincorporated Eagle County in October 1974. In October of 1974, the subject property was designated with `Commercial-General' zoning. As such, the existing single-family residence has been considered legal non-conforming in terms of zoning ever since; and WHEREAS, per the Commercial-General (CG) zoning, "Dwelling Units" are allowed via Special Use Permit approval; and WHEREAS, the applicant desires to bring the existing residential use into compliance with the provisions of the Commercial-General zone district via successful completion of this Special Use Permit; and WHEREAS, the Special Use Permit request was considered at public hearings by the Eagle County Planning Commission on March 2, 2011 and April 6, 2011 and by the Eagle County Board of County Commissioners on July 23, 2011; and WHEREAS, in response to concerns expressed by the Eagle County Planning Commission, the applicant amended the proposal from 100% residential use in the Commercial-General zone district to 50% residential and 50% commercial use. Fifty percent of the existing residential structure will be converted to accommodate commercial professional office space. WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Edwards Area Community Plan, comments of the Eagle Page 1 of 4 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. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That pursuant to Eagle County Land Use Regulations Section 5 -250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be generally consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS generally appropriate for its proposed location and IS sufficiently compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply sufficiently with the standards of the zone district in which it is located and the standards applicable with the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. (4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES sufficiently minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN sufficiently avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN sufficiently avoid adverse impact on surrounding lands regarding noise and traffic. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL sufficiently minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (6) Impact on Public Facilities. The proposed Special Use IS sufficiently served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. (7) Site Development Standards. It is anticipated that the proposed Special Use WILL comply sufficiently with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply sufficiently with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: Page 2 of 4 THAT this Special Use Permit for a Dwelling Unit within the Commercial- General zone district, in the unincorporated area of Eagle County described herein, be and is hereby approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Any future commercial development on the subject property, other than conversion of 50% of the existing residential square footage to accommodate commercial office use necessitates successful completion of a Special Use Permit or other applicable land use approvals. 3. The applicant shall work with ECO Trails to define and convey to Eagle County a fifteen (15) foot wide trail easement across the subject property for future connection of the Eagle Valley Core Trail to the Eagle River Preserve. The final trail alignment and design must accommodate and not block the driveway access to the subject property. 4. All present commercial uses of the subject property, other than commercial office space in 50% of the converted single- family residential structure, shall be immediately discontinued and/or brought into conformance with all applicable requirements of the Commercial - General Zone District and land use regulations prior to resumption. 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 16 day of August, 2011, nunc pro tunc to the 23 day of July, 2011. C • A. Y OF EAGLE, STATE OF COLORADO, By and •+ft BOARD OF COUNTY COMMISSIONERS ATTEST: kill '� g �f / BY: ..r BY: 44 Teak J. Simo n cs %Rae on avney, a Clerk to the Board of County Commissioners B /,�/� - eD iu) v TN. Peter F Runyon, Commissio r BY: (7)- /7.36 Sara J. Fisher, Commissioner Page 3 of 4 Commissioner t'1 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney I h Commissioner Peter F. Runyon Commissioner Sara J. Fisher A .41 , This Resolution passed by / U vote of the Board of County Commissioner of the County of Eagle, State of Colorado. • Page4of4