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HomeMy WebLinkAboutR92-134 Vantex Enterprises zone district amendment for Blue Lake Filing IVCj 0) -71k Commissioner 7 moved adoption of the following Resolution: U� rJ O G BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91- IN RE THE MATTER OF THE APPLICATION OF VANTEX ENTERPRISES For APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the BLUE LAKE, FILING IV PLANNED UNIT DEVELOPMENT U FILE NO: PD- 207 -91 -P r Ci. WHEREAS, on or about May 15, 1991, the County of Eagle, U State of Colorado, accepted for filing an application submitted by Vantex Enterprises, Inc. (hereinafter "Applicant ") for approval of a Zone District Amendment and the Planned Unit C`4 Development Preliminary Plan for the Blue Lake, Filing IV Planned U Unit Development, File No. PD- 207 -91 -P for the parcels of land described in Exhibit A attached hereto and incorporated herein by U this reference; and � w WHEREAS, the applicant requested the approval of a Planned rte►, Unit Development (PUD) Preliminary Plan as described in a 16- 4 sheet set of drawings titled "BLUE LAKE PLANNED UNIT DEVELOPMENT, FILING IV," by High Country Engineering, Inc, dated May 15, 1991, and received by Eagle County Department of Community Development "; W on May 22, 1991, and approved by the Board of County °:i �- Commissioners (hereinafter "the Board ") on August 27, 1991; and to � as further described in the Blue Lake Planned Unit Development, 1,:z PUD Guide, dated August 31, 1989, and received by Eagle County ZQ Department of Community Development, and approved by the Board on 7, August 31, 1989; and WHEREAS, a public hearing was held by the Board on August 27, 1991, and WHEREAS, based on the evidence, testimony, exhibits, 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 r ecommendation of Y 6 the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Blue Lake, Filing IV PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Blue Lake PUD Sketch Plan and conditions of approval. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports on file pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The El Jebel Sub -Area Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available. 2. To have a significant economic determinant to the E1 Jebel area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off - street parking and loading space. 2 f P (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between buildings, and insures that the PUD is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. (e) The developer has provided central water and sewer facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial, recreational and educational facilities conveniently located to residential housing. (g) Clustered housing and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. IV. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total 25% of the site area. (b) Residential density The density is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (commercial) The density of uses other than residential is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (d) Architecture -3- Each structure in the Planned Unit DC'11) evelopment has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing The applicant has provided for employee housing needs. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The Environmental Impact Report submitted is adequate. 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amendments, the Board finds as follows: (a) The rezoning is consistent with the Master Plan and the El Jebel Sub -Area Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; and the advantages of the use requested outweigh the disadvantages. -4- A (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area, and the proposed rezoning is necessary in order to provide land for a demonstrated community need. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Blue Lake PUD, Filing IV Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of 70 dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Blue Lake Planned Unit Development PUD Guide, dated August 31, 1989, attached as Exhibit B. The conditions which must be met prior to Final Plat approval are follows: 1. A Subdivision Improvement Agreement shall be required at Final Plat and collateralizing of all public improvements. 2. A twelve foot pedestrian access easement shall be reserved between Lots 9 & 10, Block 1, and be developed as a paved bike path to the school site. 3. An inundation zone plat note, identical to that which was included on the previous final plat, Filing IV, shall be included. 4. The Final Plat shall include a land use summary. 5. The Final Plat submission shall include a site specific study addressing potential concern for sinkhole development and give recommendations regarding the need for site or lot specific foundation design. 6. The Final Plat should contain a plat note indicating that the agricultural land to the east has a Special Use Permit allowing for the application of wastewater effluent; 7. Before final platting of the rest of Phase III, a plan for final open space improvements should be submitted. -5- W ' 4 6 8. The water supply issue for the Mid - Valley Water and Sewer District shall be resolved prior to submission of the Final Plat. THAT, the Blue Lake, Filing IV Preliminary Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S.24 -68 -101, et seq. THAT the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. The Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. C M. 0 MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the ,9th} �- day of (� -� , 19c?m4 IT Ap _i o tunc the 27th day of August, 1991. r By: erk to the Board of unty Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: Richard L. Gustafson, Chairman George X. Gates, Commissioner Donald H. Welch, Commissioner Commissioner ' `Xwg V seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by County Commissioners of the County `° A-bs -e vote of the Board of Of Eagle-, State of Colorado.