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HomeMy WebLinkAboutR16-035 Approval El Jebel Texaco PUD File No. PDA-5977 00 BOARD OF COUNTY COMMISSIONERS o COUNTY OF EAGLE, STATE OF COLORADO O o < w N e-• RESOLUTION NO. 2016 - N o APPROVAL O OF AN AMENDMENT TO THE EL JEBEL TEXACO PLANNED UNIT U ° DEVELOPMENT E o °o o cn o o a U ►n to 3 _Nc FILE NO. PDA-5977 0 a m w o w I- aCC a WHEREAS, on or about January 13, 2016, the County of Eagle, State of Colorado, accepted for filing an application submitted by Kevin and Tammy Tucker (hereinafter "Applicant") for a Planned Unit Development ("PUD") Amendment, and; WHEREAS, the Applicant's request is twofold: 1)To change the name of the PUD from `El Jebel Texaco PUD' to `El Jebel Service Station PUD'; and 2) To allow a minimum structural setback of 30 feet from the property line adjacent to Highway 82 to accommodate an extension of the gasoline pump canopy to cover a recently installed third fuel pump island. The proposed 30 foot setback is applicable to the gasoline pump canopy only. All other minimum structural setbacks delineated in the El Jebel Texaco PUD shall carry forward and remain the same, and; WHEREAS, the Board of County Commissioners approved the original El Jebel Texaco PUD in November 1993, and then approved an amendment to the PUD in 1994 to introduce a fast food drive through restaurant as an allowable use. The property has been functioning in accordance with the approved PUD since 1994, and; WHEREAS, notice of the PUD Amendment 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; WHEREAS, at its public hearing held on April 7, 2016, the Roaring Fork Valley Regional Planning Commission,based upon its findings, unanimously recommended approval with conditions of this proposed PUD Amendment, and; WHEREAS, at its public hearing held on April 26, 2016, the Eagle County Bo. • of , • n i ` QTY 93 By: Eagle Co my Attorney's Office By: Eagle County Commissioners' Office Commissioners (hereinafter the "Board"), considered the proposed PUD Amendment, associated plans, the statements and concerns of the Applicant, the Eagle County Community Development Department, Engineering staff, other interested persons, and the recommendation of the Roaring Fork Valley Regional Planning Commission, and; WHEREAS, at its regular meeting on April 26, 2016, the Board voted unanimously to approve the PUD Amendment request with conditions as listed herein and authorized the Chair to sign on its behalf the foregoing resolution evidencing such approval; and, NOW, THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendations 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 all standards required for Amendment of a Planned Unit Development have been met as required by the Eagle County Land Use Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT this PUD Amendment (Eagle County File No. PDA-5977) described herein, is hereby approved, subject to the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2. Prior to recording the Resolution, a clean digital copy of the PUD Guide, as amended, shall be provided by the applicant for inclusion as Exhibit `A' of the Board of County Commissioner Resolution. 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. 2 ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 26th day of April, 2016. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: * . BY: '•1. ;,►� uPti By: m�Q Teak J. Simonton Jeanne McQue Chair Clerk to the Board of County Commissioners Commissioner Kathy Chandler-Henry seconded approval of the PUD Amendment. The roll having been called, the vote was as follows: Commissioner Jeanne McQueeney Aye Commissioner Jillian H. Ryan Aye Commissioner Kathy Chandler-Henry Aye Approval of the Planned Unit. Development Amendment request passed by a unanimous vote of the Board of County Commissioner of the County of Eagle, State of Colorado. • 3 Exhibit `A' EL JEBEL SERVICE STATION PLANNED UNIT DEVELOPMENT CONTROL GUIDE REVISED 4/26/2016 1. PURPOSE: To allow for the operation of a gasoline station,cashier with basic necessities, restaurant and tire store/oil change&lubrication facility. 2. USES BY RIGHT: A. Commercial space for retail sales including: 1. Sale of gas,oil and other petroleum products 2. Cashier with food,beverages,cards,gifts and souvenirs 3. Restaurant 4. Drive-up window food service 5. Automotive and vehicular parts B. Commercial space for servicing of automobiles and other vehicles,including: 1. Lubrication 2. Oil change 3. Tire sales,mounting,and balancing 4. Wheel alignment 3. MINIUMUM SETBACKS FOR STRUCTURES FROM PARCEL A PROPERTY LINES: A. Front(Hwy 82) 12.0 feet on lube&tire,50.0 feet on restaurant, 30.0 feet on the gasoline pump canopy B. Front(El Jebel Rd) 40.0 feet on the restaurant C. Rear(North) 10.0 feet on lube&tire, 8.0 feet on trash enclosure 50.0 feet on restaurant, 10.0 feet on canopy 4. MAXIMUM BUILDING HEIGHT: A. Lube&Tire 25.0 feet B. Clearance for Canopy Minimum of 13'6",maximum height 17'5" C. Restaurant 16.0 feet 5. MAXIMUM LOT COVERAGE: A. Buildings 50% B. All impervious materials 80% 6. LIGHTING: Down lighting shall be used on all parking areas and on the building. All illuminated signage on the site shall be turned off at close of business. Security lighting which 4 illuminates the wall areas on all sides of the building shall be allowed on all structures and may remain on from dusk until dawn. Maximum height of free-standing pole lights shall be 16 feet. Lights under canopy will be shielded to shine down and not to the side. 7. SIGNAGE: All signs must adhere to the Eagle County Sign Code,Section 2.11 of the Land Use Regulations,specifically Section 2.11.063, Signs Allowed in Commercial and Industrial Zone Districts,but signs shall not exceed 184 square feet to the total project. 8. TRASH: All trash receptacles must be enclosed and screened from view. 9. LANDSCAPING: Landscaping will be installed in the quantities and locations specified on the 11/24/94 Landscape Plan with amendments as stated in the project approval resolution. The landscaping shall be maintained and plants that do not survive shall be replaced. 10. PARKING: A minimum of 31 paved and striped 9' x 19' parking spaces shall be provided on-site. Additionally,stacking spaces shall be provided for the gasoline pumps and lube shop,as detailed on the 11/21/94 Site Plan. Up to two of the 31 paved and striped parking spaces may be sized to accommodate compact car parking only and shall be signed as such. 11. ARCHITECTURAL: Exterior building materials and elevations shall correspond to the elevations submitted for the Amended Planned Unit Development Approval of 11/21/94. 5