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HomeMy WebLinkAboutR14-061 69 Edwards Access Road Special Use Permit Commissioner 0'--A,L-4 moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014- l�4 APPROVAL OF A SPECIAL USE PERMIT TO OPERATE AND SELL USED CARS AT 69 EDWARDS ACCESS ROAD FILE NO. ZS-4721 WHEREAS, on or about March 5, 2014, the County of Eagle, State of Colorado, accepted for filing an application for a Special Use Permit submitted by Fritz Schimidt and Mark Heinbaugh(hereinafter"Applicant") for the purpose of operating a used car sales business at 69 Edwards Access Road (the"Property"or the"Project Site"); and WHEREAS,the Applicant is proposing to lease a small office and 10 paved, existing parking spaces on the Property from Edwards Plaza, LLC, the owner of the Property; and WHEREAS, the operation of a used car sales business in the Commercial General Zone District, necessitates a Special Use Permit for the proposed use; and WHEREAS,the used car sales business will be a secondary, independent use within the office building and on the ten (10)parking spaces located on the Property. The ten(10)parking spaces are located with seven (7) spaces in the paved parking area to the northwest side of the office building and three(3)parking spaces in the underground parking garage of the office building, as detailed in Exhibit A, attached hereto and incorporated herein by reference; WHEREAS, access for the Special Use is to be provided via Edwards Access Road, and water is to be supplied by Eagle River Water and Sanitation District; and WHEREAS,notice of the Special Use was given to all proper agencies and departments as required by the Eagle County Land Use Regulations (hereinafter the"ECLURs"), Section 5- 210.E; and 1 WHEREAS, the Eagle County Planning Commission(hereinafter the"Planning Commission")held a public hearing on the application on May 21, 2014, and the Planning Commission, based upon its findings, recommended approval with conditions of the proposed Special Use; and WHEREAS, at its regular public hearing of June 17, 2014 the Eagle County Board of Commissioners (hereinafter the"Board"), approved with conditions the request for a Special Use Permit. NOW THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the"FLUM") for Eagle County, and the Eagle County Open Space Plan, as well as 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 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 ECLURs Section 5-250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use IS appropriate for its proposed location and IS 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 appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in ECLURs, Section 3-310,Review Standards Applicable to Particular Residential, Agricultural and Resource Uses; specifically under Section 3-310.P Zone Standards for Exploration, Extraction, and Processing Operations. (4) Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery,parking and loading, odors, glare, and vibration, it CAN avoid adverse 2 impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully 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 adequately 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 fully comply with all applicable standards in the ECLURs, Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of the ECLURs 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: THAT the Special Use Permit application to operate a used car sales business at 69 Edwards Access Road,in the unincorporated area of Eagle County described herein be 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. The Special Use Permit shall terminate in the event the used car sales business is no longer owned and operated by Mr. Heinbaugh on 69 Edwards Access Road in Edwards. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, the Board 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. 3 F. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado, at its regular meeting held the Z�' day of A-Ut-%-k 2014, nunc pro tunc to the 17th day of June,2014. COUNTY OF EAGLE, STATE OF COLO- RADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: 0111 ti :ooI, Teak J. Simont T cbo Jillian H. Ryan, Chairman Clerk to the Board of ton�o County Commissioners By: _ * A Sara J ishe Commissioner By: '�I �. �l.�l . -1( Kathy ekndler-Henry, Commissio r Commissioner pt 'el- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan ✓ Sou Commissioner Sara J. Fisher ,--" " Commissioner Kathy Chandler-Henry —�^ This Resolution passed by �! b vote of the Board of County Commissioner of the County of Eagle, State of Colorado 4 Or- to 1, 6. ly- Location of(7) Exterior Spaces / ",' 4. ue,4, /1//7 h -....:40' 1-4i), , Ns .,,,,,,Iri, „,,,,, , „ .,, ,, , ..,.. 4 ',, I d racy`; •° ° y 1 Ott ^I<, . EXHI EIT A