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Home My WebLink AboutR14-092 71 Edwards Access Road Special Use Permit Commissioner CIO ut v'.- moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2014- 01 v APPROVAL OF A SPECIAL USE PERMIT TO OPERATE A SEASONAL RETAIL GARDEN CENTER AT 71 EDWARDS ACCESS ROAD FILE NO. ZS-4790 WHEREAS,on or about April 4,2014, the County of Eagle, State of Colorado, accepted for filing an application for a Special Use Permit submitted by Fritz Schmidt and Shelly Martel (hereinafter"Applicant")for the purpose of operating a seasonal retail garden center on Lot 1A of the Edwards Plaza Subdivision otherwise known as 71 Edwards Access Road(the"Property" or the"Project Site"); and WHEREAS,the Applicant will be leasing a small portion of the Lot lA within the gravel parking lot located at least 75 feet from the Eagle River and six(6)paved, existing parking spaces on the Property from Edwards Plaza,LLC,the owner of the Property; and WHEREAS,the operation of a seasonal retail garden center(the"Special Use") in the Commercial General Zone District,necessitates a Special Use Permit for the proposed use; and WHEREAS,the seasonal retail garden center will be a secondary, independent use on the Property and on the six(6)parking spaces located on the Property. The applicant will utilize two (2)temporary greenhouse structures and one(1)gazebo for the Special Use, in the location 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 1 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 WHEREAS, the Eagle County Planning Commission(hereinafter the"Planning Commission")held a public hearing on the application on September 17,2014,and the Planning Commission,based upon its findings,recommended approval with conditions of the request for a Special Use Permit; WHEREAS,at its regular public hearing of October 21,2014, the Eagle County Board of County 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 2 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 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 seasonal retail garden center business at 71 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 Applicant shall not store or dispose of any materials or equipment associated with the special use within 75 feet of the Eagle River, and the Applicant shall not dispose of any materials, soil or chemicals in the Eagle River. 3. The Special Use Permit shall terminate in the event the seasonal retail garden center business is no longer owned and operated by Shelly Martel on 71 Edwards Access Road in Edwards. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. 3 THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT,the Board hereby fmds, 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 a U day of /sJOV 2014, nunc pro tunc to the 21st day of October, 2014. _AUNTY OF EAGLE, STATE OF COLO- 04 !► ,By and Through Its BOARD OF j Y COMMISSI• ' R' ATTEST: ' -Th • * *Aly , 7f• i tor?.;e Teak J. Simonton Ji an H. Ryan, a' an Clerk to the Board of County Commission By: h.� `-� - � v� Sara J Fisher, Commissioner By: J ' �, ,�, .4 1 G Kathy V andler-Henry, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan Commissioner Sara J. Fisher Commissioner Kathy Chandler-Henry / This Resolution passed by U vote of the Board of County Commissioner of the County of Eagle, State of Colorado 4 I ::,..s,,', 4i y i Sw+�r^4 � 75-FT BUFFER FROM ,, 100 YR FLOODPLAIN .. FEMA 100 YR FLOODPLAIN �,. CO III 0 EL C m 4 At E w u' 4 GREENHOUSE M LOCATIONS&. 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