HomeMy WebLinkAboutR97-040 PUD for Diemoz River Ranch}
ier moved adoption
of the ollowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 -W
APPROVAL OF THE PLANNED UNIT DEVELOPMENT
SKETCH PLAN FOR Diemoz River Ranch
WHEREAS, on
Eagle, State of
submitted by Os
"Applicant ") for
Plan for 46.113
Township_ 8 South
00001 ; and,
or about November 1, 1997 , the County of
iolorado, accepted for filing an application
-ar Diemoz and Vivian Diemoz Trust (hereinafter
approval of the Planned Unit Development Sketch
acres in Tract 53 NE 1/4 of Section 10 of
Range 87 West of the 6th P.M. File No. PDS_
WHEREAS, the Applicant requested the approval of a Planned
Unit Development (PUD) Sketch Plan which would allow for the
development as follows: four single family lots with attached
accessory dwelling units and 38 acres of open space ; 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 hearing /hearings held December 19,
1996 and January 16 1997 , the Planning Commission, based upon
its findings, recommended approval of the proposed PUD Sketch
Plan, with certain conditions; and
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WHEREAS, at its regular hearing /hearings of March -18 and
April 7 & 8. 1997 , 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 conformance with the
Master Plan; to the extent applicable, with the Mid
Valley Community Master Plan ; and with policies,
guidelines, zoning and other applicable regulations.
Furthermore, the resulting development will not be
inconsistent with the Master Plan objectives.
Specifically with regard to the Master Plan, the Board
further finds the development of this project as
proposed:
a. to have a full range of public services available
b. to have a significant economic determinant to E1
Jebel and to the County generally.
C. to have minimized any negative effects on the
social and natural environment.
d. to be capable of being phased in order to address
current and anticipated market conditions.
2. The land included in the proposed Sketch Plan is
suitable for subdivision as proposed.
3. Comments and recommendations from the agencies listed
in Eagle County Land Use Regulations, Section
2.17.02(1), have been considered.
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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. There is no proposed commercial development within the
proposed PUD requiring justification.
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.
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 Planned Unit
Development Sketch Plan for Diemoz River Ranch be and is hereby
granted, subject to compliance with the following conditions:
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1. The County Engineer's concerns shall be adequately
addressed:
a. Road, driveway and right -of -way standards;
b. Floodplain study;
2. Colorado State Forest Service concerns shall be
addressed with the assistance of the Basalt and Rural
Fire Protection District:
a. Defensible space;
b. Hook spur travel surface;
C. Hydrant location(s), if any;
d. Driveway configuration;
3. The applicant shall investigate the feasibility of a
common agricultural building /use site within the open
space, and shall limit both the total site coverage and
number of structures within the individual building
envelope;
4. The PUD Control Document shall be finalized which shall
include but not be limited to building bulk
restrictions, lighting, fencing, landscaping, use
restrictions, etc. Animal, water, pasture and open
space management guidelines and architectural
treatments shall also be included within the Control
Document or related draft Design Guidelines or proposed
covenants;
5. The applicant shall communicate with the Environmental
Health Division concerning Preliminary Plan ISDS
requirements. Septic systems shall be prepared by a
Registered Engineer to meet all requirements and shall
be specifically designed to protect ground water;
6. Accessory dwelling units shall be allowed on all 4
sites, shall be a maximum of 1,000 square feet, and
shall be contiguous with the primary residence;
7. Development shall be performed in such a manner as to
protect the river from construction debris, runoff,
etc.
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
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are not yet recognized or which are more severe than realized
under the review given at the hearings on the Sketch Plan.
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 s day of ,%ln�rr_D 199�-. nunc pro tunc to
the 8th day of April 19_9
ATT
Sara J. Fisher
Clerk of the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
BY:
ohnnette Phillips, Chairman
Commissioner seconded adoption of the
foregoing resolution. The roll having been called, the vote was
as follows:
Commissioner Johnnette Phillips
Commissioner George A. Gates
Commissioner James E. Johnson, Jr. sY
This Resolution passed by_ / vote of the Board of
County Commissioner of the County of Eagle, State of Colorado.
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