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HomeMy WebLinkAboutR97-003 PUD for Brett RanchiAOL)r a �X adoption of the f Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 - _M3 APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR BRETT RANCH PUD FILE NO. PD- 142 -96 -5 WHEREAS, on or about May 15, 1996, the County of Eagle, State of Colorado, accepted for filing an application submitted « by Wintergreen Homes and Osprey Development(hereinafter "Applicant ") for approval of the Planned Unit Development Sketch (� Plan for Brett Ranch PUD, File No. PD- 142 -96 -5; and, WHEREAS, the Applicant requested the approval of a Planned _ Unit Development (PUD) Sketch Plan which would allow for the redevelopment of the Brett Ranch Subdivision and Lots 34 and 35 of the Eagle Crest Subdivision, Filing 1, as depicted on the 05 approved site plan and more fully described as follows: * PLANNING AREA A: Located on the north side of the Eagle River, immediately east of Lake Creek Apartments - 156 Multi- Family Dwelling Units on 18 acres of net developable land. Common area and on -site recreational amenities are included (swimming pool, and 2 play areas). * PLANNING AREA B: North side of Highway 6 at western portion of property, adjacent to the Eagle River Mobile Home Park - `Public, use on 7.52 acres net developable area. * PLANNING AREA C: North side of Highway 6 on the west side of Lake Creek - Townhome development of 36 units on 5.74 areas of net developable area. 111111111111111111111111 IN 111111111111111111111111111 611739 01/09/1997 01:32P 8715 P763 370 1 of 5 R 0.00 D 0.00 N 0.00 Eagle County Clerk " * PLANNING AREA D: South side of Highway 6, 14 single family lots, with building envelopes to be placed on unsold lots. * PLANNING AREA E: East side of Lake Creek on the north side of Highway 6 - 24,000 square feet of building area proposed on 3.42 acres. * PLANNING AREA F: Open Space to be dedicated to a land trust. and, WHEREAS, notice of the Sketch Plan was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 2.17.02(1); and, WHEREAS, at its public hearings held on August 21, 1996 and September 18, 1996 and October 2, 1996 and November 6, 1996, the Planning Commission, based upon its findings, recommended approval of the proposed PUD Sketch Plan, with certain conditions; and WHEREAS, at its regular hearing of December 10, 1996, the Eagle County Board of Commissioners (hereinafter "Board "), considered the PUD Sketch Plan, associated plans, and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons. BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS: 1. The proposed Sketch Plan is in substantial conformance with the Master Plan; and with the Edwards Sub -Area Master Plan, Eagle County Trails Plan, Eagle River Watershed Plan and Eagle County Open Space Plan; and with the policies, guidelines, zoning and other applicable regulations. 2. The land included in the proposed Sketch Plan is suitable for subdivision. `a *� 3 3. Comments and recommendations from the agencies listed in Eagle County Land Use Regulations, Section 2.17.02(1), have been considered. 4. The evidence shows that access which is capable of servicing the development from the state highway system to the parcel of land proposed for subdivision can be built by the Applicant. 5. The area around the development can be planned to be in substantial harmony with the proposed PUD. 6. No adjacent and nearby communities will be detrimentally affected by the proposed PUD. 7. The PUD can be completed within a reasonable period of time, to be determined prior to final approval of the PUD. 8. The proposed commercial development within the proposed PUD shall be further evaluated at Preliminary Plan. 9. The streets, as proposed, are adequate to support the anticipated traffic, and the development will not overload the streets outside the planned area. 10. Proposed utility and drainage facilities, upon their conformance to the conditions set forth herein, are adequate for population densities and the type of development proposed. 11. The employee housing plan is acceptable for a Sketch Plan application, however additional refinement and review will occur at Preliminary Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application for approval of the Planned Unit Development Sketch Plan for Brett Ranch PUD be and is hereby granted, subject LQ compliance with the following conditions: 1. The Army Corps of Engineers 404 Permit requirements must be resolved prior to submittal of a Preliminary Plan. 3 3 2. Avoidance of cottonwood trees and significant vegetation along Lake Creek shall be incorporated into the Preliminary Plan. 3. The Entry Level Housing (Employee Housing) Plan shall be incorporated into the Preliminary Plan. 4. A detached, paved path along Highway 6 shall be incorporated into the Preliminary Plan. S. The setback from Lake Creek shall be 75' 6. The setback from Highway 6 shall be 50' 7. Planning Area "E" shall be permitted a maximum of 24,000 square feet of use which shall be determined at Preliminary Plan based upon further review of access, compatibility and patterns of land use. B. The applicant shall provide a minimum of 14.75 acres of useable Open Space. 9. The PUD Guide must include wildlife mitigation measures as recommended by the Division of Wildlife. These measures include, but are not limited to, dog control, fencing restriction, and trash removal. 10. Emergency access to the east, between the Eagle River and the railroad tracks, must be evaluated and if feasible, incorporated into the Preliminary Plan. This must include evaluation of acquisition of easements through private properties to the east. THAT, the Sketch 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. Section 24 -68 -101, et seq. Sketch Plan approval is expressly conditioned on the County's authority to impose further restrictions or limitations on the PUD which are necessitated by impacts which are not yet recognized or which are more severe than realized under the review given at the hearings on the Sketch Plan. C! 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 7 th day of Deeember, 199-7 nunc pro tunc to the 10th day of December, 1996. �* ATTE EW Sara J. Fisher Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS George4d. Gates, Chairman / /Johnnette Phillips, Commissioner Commissioner LIZIM seconded adoption of the foregoing resolutio . The roll having been called, the vote was as follows: Commissioner George A. Gates n,/z Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by A —/ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 5