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HomeMy WebLinkAboutR92-153 zone change for Red Rock Ranch PUD490416 R -594 P-321 11/1 :1'2 10:42 JOH1&NETTE PHILLIPS ,EAGLE COUNTY CLERK, Commissioner f of the following Resolution: PG 1 OF S C DOC COLORADO 0.00 0.00 moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE / OF COLORADO RESOLUTION NO. 92 IN RE THE APPLICATION OF GREG BAKER and JOHN BUCHANAN For APPROVAL of a ZONE CHANGE and the PRELIMINARY PLAN for the RED ROCK RANCH PLANNED UNIT DEVELOPMENT File No. PD- 280 -91 -P WHEREAS, on or about March 1, 1991, the County of Eagle, State of Colorado, accepted for filing an application submitted by Greg Baker and John Buchanan (hereinafter "Applicant ") for approval of a Zone Change and the Planned Unit Development Preliminary Plan for the Red Rock Ranch Planned Unit Development, File No. PD- 280 -91 -P, for the parcel of land located South of Hooks Spur Road and West of Hooks Road described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Applicant has requested approval of a Zone Change from Resource to Planned Development for the subject property, to provide for six residential units; and WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in a publication entitled "Red Rock Ranch Subdivision," dated February, 1991; and in the publication entitled "Red Rock Ranch Engineering Specifications" by Schmuesser Gorden Meyer, dated February, 1991. The plan is further described in the Red Rock Ranch PUD Guide (approved as amended by the Board of County Commissioners on July 23, 1991); and WHEREAS, the Board approved the Red Rock Ranch Sketch Plan, with conditions, on October 9, 1990; and WHEREAS, public hearings were held by the Planning Commission and Board on April 18, 1991, and May 14, 1991, respectively. WHEREFORE, 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, and the 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 hearings before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.19.02(3) of the Eagle County Land Use Regulations ( "LUR"), the Board makes the following findings in its review of the Red Rock Ranch PUD Preliminary Plan (a) The Preliminary Plan is in general conformance with the Red N Rock Ranch PUD Sketch Plan and conditions of approval. cril (b) The Preliminary Plan conforms to all applicable regulations,', policies and guidelines. (c) The reports on file pertaining to geologic, soils, wildfire, and wildlife, and the recommendations as prepared by the referral agencies, have been considered to mitigate hazards and protect resources. III. Pursuant to Section 2.06.13(2) of the LUR, 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 El 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- (c) The design of the PUD provides adequate access and fire protec- tion; 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 Depart- ment of Health, and the local health authorities. r,{ 0 (f) The development has been designed to provide for necessary �? commercial, recreational and educational facilities conven- iently 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. (g) Maximum height of structures have been established by the approved PUD Plan. IV. Pursuant to Section 2.06.13(3) LUR criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) A substantial portion of the PUD will be maintained as private and semi - private open space. (b) Residential density The density is appropriate after consideration of the Master Plan, Sub -Area Plan, and individual characteristics of the subject land. (c) Density of Other Uses - Not Applicable. 4` 0416 B--5` 4 P°-J21 11,/16/'92 10,w42 PG J OF 8 -3- (d) Architecture Architectural guidelines have been provided in the PUD Guide to assure compatibility and to avoid uniformity and lack of variety in structural design. (e) Mixed Uses - Not Applicable. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The PUD Guide provides regulations for the proper maintenance of the private and semi - private open space. (h) Employee Housing - An employee housing plan is not applicable. V. Pursuant to LUR Section 2.06.13(7) Preliminary Plan Review, the Board finds as follows: 1. The Environmental Impact Report has been waived by the Board of County Commissioners. 2. The information requested and conditions of Sketch Plan approval have been adequately addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document (as amended) has been submitted, reviewed and recorded with the Clerk and Recorder at Book 558, Page 366. VI. Pursuant to LUR 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 characteris- tics of the use requested; and the advantages of the use requested outweigh the disadvantages. 490416 0416 B--594 P -33 21 11,/16,/92 10:42 FCC 4 OF 8 -4- 1 O w � C (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 required has changed or is changing to such a degree that it is in the public interest to encourage a new use and density in the area. 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 Zone Change and the LO Planned Unit Development Preliminary Plan be and is hereby condition- ally granted for a maximum of six (6) dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Red Rock Ranch Planned Unit Development PUD Guide, approved as amended July 23, 1991. The condi- tions which must be met prior to Final Plat approval are as follows: 1. Delete number 113" in the PUD Guide "Minimum lot area per dwelling unit.' 2. The Final Plat shall state that the access from Hooks Spur Road across the Denver & Rio Grande Western Railroad is for emergen- cy use only. The emergency access road across the Denver & Rio Grande Western Railroad shall be located on the Final Plat. 3. Delete the "Community Development Certificate" on the plat. 4. The cross slope of Red Rock Road shall be three percent (3%) for gravel road. 5. Borrow ditches shall be 3:1 slope with "V" shape. 6. A culvert is required at Hooks Road intersection for access to Lots 5 and 6. 7. The PUD Guide shall include the following woodburning restrictions: Conventional open hearth woodburning fire- places are prohibited. Woodstoves or fire- place inserts are limited to one Environmental Protection Agency Phase II certified stove per building. There shall be no more than two certified stoves /fireplace inserts per lot. -5- 490416 B -574 P -5.21 11;`16,,`92 10--42 PG 5 OF 8 8. The fire protection provision within the PUD Guide, 13 (L), shall be amended to read as follows: Each lot owner, prior to issuance of an Eagle County Temporary Certificate of Occupancy, shall install . . .1 9. The plat shall reserve a 10 -foot wide access easement along the south property line for access to public lands. The access easement is for non - motorized use and shall prohibit dogs. The easement shall become activated upon acquisition or dedication of a connection easement on adjacent private lands. 10. The driveway cut locations along Red Rock Road shall be located to minimize visual impact and the locations shall be identifiedn on the Final Plat. '-4. 0 11. The livestock allocation for each lot shall be further evalu- 0 ated and may be reduced at Final Plat. 12. Applicant shall evaluate the location of water supply wells, the use of shared wells for Lots 1 -4, and shall identify well locations on the Final Plat. 13. A Registered Professional Engineer shall identify and locate on the Final Plat the individual sewage disposal systems. 14. Prior to submittal of the Final Plat Application, a "Revised Preliminary Plan Planned Unit Development Guide" which reflects the site as approved by the Board of County Commissioners on May 14, 1991, shall be submitted.' 15. Covenants shall be consistent with the Planned Unit Development Guide. THAT, the 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 Develop- ment to enter this Zone Change 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 PUD Guide, as amended, approved July 23, 1991, reflects these changes. WE 490416 8 -594— p- 321 11,/16,/92 10 °42 PG 6 OF 8 C C_ MOVED, READ AND ADOPTED by the Board of County Commissioners of the Coin of Eagle, State o Colorado, at its regular meeting held the day of :'() .)� 1992, nunc pro tunc May 14, 1991. resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates. Commissioner Richard L. Gustafson —� I� �j This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 490416 B -594 P -321 11,,"16,/92 10.42 PG 7 OF 8 PD- 280 -91 —P —7— COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its AT ST : to "' �„ °� +, a BOARD OF COUNTY COMMISSIONERS By: Clerk to �, -Qj Richard L. Gustafson, Chairman County ers Donald H. Welch, e-:;oftimissioner and Chairman Pro Tem George Gates, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates. Commissioner Richard L. Gustafson —� I� �j This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 490416 B -594 P -321 11,,"16,/92 10.42 PG 7 OF 8 PD- 280 -91 —P —7— P i Cl Exhibit "All A tract of land situated in Tracts 53 and 57 of Township 8 South, Range 87 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at AP 1 of said Tract 57 (formerly known as the northeast corner of Lot 13, Section 11); whence the witness corner to AP 1 bears N. 8805310011 E. 17.16 feet; thence S. 0105110311 E. 1399.86 feet (21.21 chains) along the east line of said Tract 57 (formerly the east line of said Lot 13) ; then N. 6200513011 W. 2882.08 feet to a point on the north line of said Tract 57 when A.P. 2 of Tract 57 (formerly known as the northwest corner of Lot 17, Section 10) bears S. 88 050158" W. 149.16 feet (2.26 chains) ; then N. 88 050'58" E. 1197.97 feet along the north line of said Tract 57 to AP 3 of said Tract 53; then N. 00 022137" W. 1806.64 feet along the west line of Tract 53 to the southerly right -of -way line of the Denver & Rio Grande Western Railroad; thence S. 37 048152" E. 2185.69 feet along said southerly right -of -way line to the east line of said Tract 53; thence S. 00 012132" E. 53.22 feet along said east line of Tract 53 to the Point of Beginning. Containing 68.962 acres more or less. (Vacant Land) _. This property is subject to reservations and exceptions contained in United States Patents, right -of -way for County Road S /3, and right -of -way for the Denver & Rio Grande Western Railroad. RRR.COV 490416 B-594 P -321 11,/16,x''92 10.42 PD- 280 -91 -P Red Rock Ranch PUD PG 8 OF 8