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HomeMy WebLinkAboutR02-168 Edwards Corner Commercial and Retail Development • -- Commissioner C) -.. moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - _ t APPROVAL OF ZONE CHANGE AND SPECIAL USE PERMIT FOR THE EDWARDS CORNER COMMERCIAL AND RETAIL DEVELOPMENT File Nos. ZC -00051 and ZS -00088 WHEREAS, Remonov and Company, Inc., ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about 13 February 2002 for a Zone Change and a Special Use Permit for a commercial and retail development in the Commercial Limited and Commercial General Zone Districts, in the unincorporated area of Eagle County described as Lot C -1, South Forty Subdivision, and Parcel 12, Remonov Center; and WHEREAS, the Applicant proposes to develop an office /retail building with 50,382 + square feet of leasable floor area on a 2.573 acre site. The site consists of Lot C -1 in the South Forty Subdivision, currently zoned CL (Commercial Limited), and Parcel 12 in the Remonov Center, currently zoned CG (Commercial General). The proposed zone change would re -zone Lot C -1 from CL to CG; and WHEREAS, the structure would consist of three levels, incorporating the following: 1. The lowest level would be below grade and include mechanical and storage facilities, and 79 parking spaces, 6 of which would be handicapped accessible. 2. The main level would be at grade and would include small shops and other retail businesses, and a restaurant. 3. The third level would house business and professional offices; and 1 II II Oil I II II III III I II 7 P age 8 1 : 1 of 16 1 2/17/2 460 002 04:04P Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 • • WHEREAS, due to the topography of the site, the third level would appear as a second story from the street side of the building, but would be at -grade from the side of the building away from the street; and. WHEREAS, the points of access to the site would be on U.S. Highway 6 and on Edwards Village Boulevard; and WHEREAS, notice of the Zone Change and Special Use Permit applications were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearings held on 3 April, 1 May and 15 May 2002, the Eagle County Planning Commission, based upon its findings, recommended approval of the Zone Change and Special Use Permit, with certain conditions; and WHEREAS, public hearings were held by the Board of County Commissioners of the County of Eagle, State of Colorado, on 16 April, 23 April, 28 May, 18 June, and 2 July 2002; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including 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 Eagle County Planning Commission, and comments from all interested parties, and with the modifications imposed by the conditions hereinafter described, 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. 1. Further, the Board has considered Eagle County Land Use Regulations, Section 5- 230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District Map, and finds as follows: a. Consistency With Master Plan. The proposed amendment is consistent with the purposes, goals, policies and Future Land Use Map of the Master Plan. 2 • • b. Compatible with surrounding uses. The proposed amendment is compatible with existing and proposed uses surrounding the subject land, and, with proposed conditions of approval, it is an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. c. Changed conditions. There are changed conditions that require an amendment to modify the present zone district and /or its density /intensity. d. Effect on natural environment. The proposed amendment does not result in significantly adverse impacts on the natural environment [beyond those resulting from development under current zoning], including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. e. Community need. It has been demonstrated that the proposed amendment meets a community need. £ Development patterns. The proposed amendment does result in a logical and orderly development pattern, does not constitute spot zoning, and may logically be provided with necessary public facilities and services. g. Public interest. The area to which the proposed amendment would apply has changed to such a degree that it is in the public interest to encourage a new use or density in the area. 3. The Board has also considered Eagle County Land Use Regulations, Section 5- 250.B., Standards for the review of a Special Use Permit, and finds as follows: a. Consistent with Master Plan. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Master Plan and the Future Land Use Map of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. b. Compatibility. The proposed Special Use is appropriate for its proposed location and compatible with the character of surrounding land uses. 3 • c. Zone District Standards. The proposed Special Use does meet the standards of the zone district in which it is located, and does meet the standards applicable to the particular use, as identified in Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses. d. Design Minimizes Adverse Impact. The design of the proposed Special Use does minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. e. Design Minimizes Environmental Impact. The proposed Special Use does minimize environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. f. Impact on Public Facilities. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. g. Site Development Standards. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. h. Other Provisions. The proposed Special Use does comply 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: THAT the petition of Remonov and Company, Inc., File No. ZC- 00051, for a Zone District Amendment to change from the Commercial Limited [CL] Zone District to the Commercial General [CG] Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: Lot C -1, South Forty Subdivision, according to the recorded plat thereof, County of Eagle, State of Colorado 4 • • THAT, the application of Remonov and Company, Inc., File No. ZS- 00088, for a Special Use Permit for a commercial and retail development in the Commercial General Zone District described herein, be and is hereby approved, subject to the conditions as set forth herein. Copies of the Site Plan (approved except as modified as to the access from Edwards Village Boulevard), Landscape Plan, and Building Elevations (Sheets A2.1 and A2.2) are attached as Exhibit "I ", Exhibit "II ", and Exhibit "III ", respectively, and incorporated into these findings by reference. 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. All curb corners in the parking area have a radius of at least three feet. 2. Adequate snow storage be provided and all necessary easements for off -site snow storage be established. 3. Applicant provide appropriate access from Edwards Village Boulevard as shown in the Eagle County Engineer's Option A, utilizing a portion of Tract T, as shown in correspondence dated June 20, 2002, to the Applicant in care of Rick Mueller. [Copy of Option A attached as Exhibit "IV ".] 4. A raised island and signage be required to be installed by the Applicant at the north entrance, subject to the approval by the Colorado Division of Transportation, to prevent left -hand turns from Highway 6. Signage is also required to be installed by the Applicant to prevent pedestrians crossing Highway 6 other than at designated crosswalks. 5. Approval of this Special Use Permit is contingent on approval and recording of an amended final plat (Eagle County File No. AFP- 00137) which [1] vacates the common lot line between Parcel 12, Remonov Center, and Lot C -1, South Forty Subdivision, thereby creating the proposed Parcel 15 of the Remonov Center, [2] creates adequate utility, drainage and other necessary easements, and [3] provides adequate additional right -of -way for Edwards Village Boulevard. 6. Maintenance of sidewalks on and adjacent to this development is the responsibility of the owner or successive owners of the development. 7. Prior to issuance of a building permit, it should be demonstrated to the satisfaction of the County Engineer that the site design in the vicinity of the retaining wall, and the proposed easements, are sufficient to accommodate utilities and 5 easements in that area, and that revised easements are reflected on the amended final plat for this site. 8. Development of this Special Use Permit may proceed only if all necessary utility services proposed for the development are available. 9. Development of this Special Use Permit may proceed only if the Edwards Metro District provides all necessary water and wastewater treatment services proposed for the development. 10. Prior to issuance of a building permit, Applicant shall pay cash in lieu in the amount of $47,312 to Habitat for Humanity for use in Eagle County. 11. Applicant shall timely pay all required impact fees. 12. If uses on the adjacent Tract T become such that traffic using the access to this site from Edwards Village Boulevard is expected to increase by more than 20 percent of that for Edwards Corner, this Special Use Permit be subject to additional review and new or revised conditions of approval with respect to access to the site. 13. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. 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 401:Eday of 100n0/m,.,Qye c_, 2002, nunc pro tunc to the 2nd day of July 2002. 6 • COUNTY OF EAGLE, STATE OF COLO- RADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By il., ill- L►I i _ * By: a")4101 v Sara J. Fi er '4- 9 a Michael L. Gallagher, Chairman Clerk to the Board of'"-- -'Mk County Commissioners ,. —, Arn M. Menconi, eethitriggiorier Ao . • jgriA•0 Tom C. Stone, Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vo e was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi a Commissioner Tom C. Stone This Resolution passed by , - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 7 1 . .. • Exhibit "IV" .„.1, " 4. , . ,, , eb ii i,„._,, Jo; t .- - , ,W • ' ' 1 .4. • ' - ' •■• - ' - *4 , ''''' ; : .4 .-" ,.!1.' -= , ,';;- -- -,... ; i • N ' 4. j r. •---...,:,....* - - 1, 4 ' -w ilt . Ilri-'.i.---A. i 3.. -, ;: Ak -■ , * , 1, alba- 4 , • 4 , • M ''' - ,- r - ; .W,.... f' :..1K % t. ,' r • R ditt , • ,, 4 A tt,„ ...6.64111% i b/ 4 *%••• •••• %....* , - - f • f ;/ ' 1 1 • .-11.1v. "Ili 41 44t o, r ' N - 4 4 - • a/ ' . , .. *., A , , - 4 ,/ t 4 • • 4 / - i-' , ,' , '-„, , -.. ..., .„... .r.,,, , ,,„ .., - : -,..„ *- '''* -",....$44 ' r°1411°.*:' , ,,..' it,t(41% .., i- . ..‘ ,. e', N, „. • - _ # a , , • , 3 'C' . ill - I 1 1 ' •441C — - , 14 **-T'rs. ., ki. , - $ , „---:-z; : 44:kf; i! ' ',-• 4'' 7" -..''.. --0 • ,.,.,',.. 4 ' '.. 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'' Entrance opposite entrance to . 4 * , s 3. osi _.: ..: ..:,7.Edwar:d,Vi.,,11ageCe_.inter 1 .. 4 , -- - .'" -' ' • ,. - ", ' -"to ,...".." .. ..' , '" '.7*.e ,.' „:•.SOL41," iglr' '''' - A - - i 1 . : ,:,44 . -'1t : ' - ' 11 ,1 5 I 1 I � Rmmw GI� A� .M.ae rw va - R.row e.s emt ww su 1 0 a' I / wo \ \ y♦ \ c \ SECONDARY \ 4K Sm 5 41 -03 \ .M.�e.s rw rw R�nww GIB aea 60i Poy Nl 1 1 (Lot R -4, Sm+tb Forty Sub') I 1 i I I i 1 1 1 I I I \ \ 1 I I a 1 � III RECEIVED ♦ . 'my n IQ 11 1 � CPF �om.,'wrolvaoe�.m SITE PLAN rmerw 1 0 a' I / wo \ \ y♦ \ c \ SECONDARY \ 4K Sm 5 41 -03 \ .M.�e.s rw rw R�nww GIB aea 60i Poy Nl 1 1 (Lot R -4, Sm+tb Forty Sub') I 1 i I I i 1 1 1 I I I \ \ 1 I I a 1 � III A RECEIVED 'my n IQ uy.cwmy CPF �om.,'wrolvaoe�.m SITE PLAN rmerw A A , DLANTING BED KEY BED WIDTH 10' -15' (1 TREE, 6 SHRUBS PER 25O6 BED WIDTH 15' -25' (I/6 PER 215sf) ® BED WIDTH 25'+ (V6 3OO50 PIER > 1m T b.na.a r a wet a.�e.e. raw 6 TTo9DALE L. NDSCAPE SCHEDULE c1) �u Pm d M e, 1 Ranenov Cmle r I cv ' �� BEDWIDiH m' -b'(Vb pat x90.!) 3,1664f 1591 '� r CECUXDTH 15' -x9' (Vb 215.1) 5186.! 36(fYr ff, BEOU[DiH IS'. (V6. pa- 3&C4f) B.OSD.! 30A16 TOTALS 122,l1201.V463 %)u5 26n3 NOTES: ew.h ��rN L ALL, brcLUps mtarbl .bun u W. pbn u11LL M IfiPoG (M. 9icL Ja. ALL Of! -91in pbm9gU , x. Da luldlM uaa ulabtbn RCLIIDE aLL Sld®w44 eM .atltletl .rsa. " •- pJpICAlE9 ffED WIDTH GF 10• -D• . •.- MDICATE! CED WDTI LF D' -x9' '+- BDKATE9 CED WDTH,Cf x5'• m - -- 4 Salth Fx fY 510 . � (Lot R- F1EVI8fD 6 -71.03 RECEIVED LANDSCAPE PLAN LANDSCAPE PLAN • -9a e• W �♦ J f iI�/ d Q x ; d r a w a a u N Z Q J 3M L Pn 14 0 Ae.n M 15e` NnmtlM Fnd Rol j 1 Rvnonov C tr 1 Bed M. Po 943 , o I I w 1 0 �? 9 ME ELEVATION3 mo)T Zf—ZV,+-rlom i I I Ml ELV - M' -p• 155 ANGLE -FACADE SOU7 -w ST SCdLE: V8' I'p• a _s s a � 1 3 1� to Id z- s "a = ae Z 0 d W J SO uTwzA zLZVA-TTOT( .E:.V ' . Pp• scaLE� ve' . rm' SILE• VS' . Pp'