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HomeMy WebLinkAboutR97-108 PUD for Two Rivers Village approvalWHEREAS, on or about January 15 , 19 97, the County of Eagle, State of Colorado, accepted for filing an application submitted by Two Rivers Company (hereinafter "Applicant ") for approval of the Planned Unit Development Sketch Plan for Two Rivers Village File No. PDS- 00002 ;and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: A mix of 280 mobile /manufactured homes. 100 condominiums. 60.000 ft2 of retail commercial up to 20 employee housing units and 5 single family units on the north side of the Interstate ; 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 March 5 and May 21 1997 , the Planning Commission, based upon its findings, recommended denial of the proposed PUD Sketch Plan; and, WHEREAS, at its regular hearing of June 17. 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: Page 1 of 5 Comrr Aoner n moved ador aof the following Resolution: ® w EM rms ®O —" ' BOARD OF COUNTY COMMISSIONERS _0. L COUNTY OF EAGLE, STATE OF COLORADO 4n ®7 ®vm RESOLUTION NO. 9f-" =mm ®r® ®a) ®a)c APPROVAL OF THE PLANNED UNIT DEVELOPMENT ®--gym mm ®�0 SKETCH PLAN FOR Two Rivers Village ®mom ®� V' FILE NO. PDS -00002 o ®m WHEREAS, on or about January 15 , 19 97, the County of Eagle, State of Colorado, accepted for filing an application submitted by Two Rivers Company (hereinafter "Applicant ") for approval of the Planned Unit Development Sketch Plan for Two Rivers Village File No. PDS- 00002 ;and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: A mix of 280 mobile /manufactured homes. 100 condominiums. 60.000 ft2 of retail commercial up to 20 employee housing units and 5 single family units on the north side of the Interstate ; 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 March 5 and May 21 1997 , the Planning Commission, based upon its findings, recommended denial of the proposed PUD Sketch Plan; and, WHEREAS, at its regular hearing of June 17. 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: Page 1 of 5 1. The proposed Sketch Plan is in conformance with the Master Plan; and with policies, guidelines, 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 Dotsero 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. 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 is justified. 9. The streets, as proposed, are adequate to support the anticipated traffic, and the development will not overload the streets outside the planned area. Page 2 of 5 10. Proposed utility aj ,d drainage facilities, upon their confofmance 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 Two Rivers Village be and is hereby granted, subiect to compliance with the following conditions: 1. The applicants shall propose a percentage of owner occupied lots; 2. The potential for floodwater impact shall be reduced; 3. The applicants shall consider general community facilities in its proposal; 4. A plan shall be proposed to phase out RV's; 5. A complete Environmental Impact Report in accordance with Section 2.10 of the Land Use Regulations shall be required that assesses impacts to the site as well as adjoining lands and also includes impacts to riparian values, fish and wildlife habitat and the visual landscape; 6. A report prepared by a qualified independent expert addressing wildlife protection and mitigation measures including but not necessarily limited to: a. Avoidance of critical wildlife habitats; b. Livestock restrictions; C. Dog controls; d. Bear controls; e. Fence restrictions; f. Indemnification of the CDOW on g. Possible wildlife mitigation trust; h. Enforcement provisions. all future wildlife damage claims; 7. A Water Court approved augmentation is required by final plat and evidence of progress must be submitted at preliminary plan. Adequate evidence that the water supply is sufficient in terms of quality, quantity and dependability will be available shall be submitted at preliminary plan for referral to the Division of Water Resources as required by state statute; 8. A site - specific study by relevant qualified independent parties shall be submitted Page 3 of 5 evaluating the fivtr'single family lots and the access roads on the north side of the Interstate. This study shall include geologic and soils investigations, percolation tests, wildlife mitigation and fire protection; 9. A detailed traffic analysis by a qualified independent expert; 10. Accommodations for future bus service and internal pedestrian /bike circulation as outlined by the Eagle County Transportation Authority;\ 11. 1041 permit for major new water and wastewater systems as well as efficient utilization of municipal water; 12. Conformance with the Regional 208 Plan adopted by the Water Quality Control Commission; 13. Compliance with Eagle County School District RE 50J requirements; 14. A landscaping plan for the entire site that includes breaking up the 5 acres of parking; 15. Items addressed by the Eagle River Watershed Plan including but not necessarily limited to (may require qualified professional assistance): a. Water conservation measures; b. Wellhead protection; C. Implementation and management of runoff Best Management Practices; d. Aquatic, wetland and riparian habitat improvement, e. Wildlife disturbance, f. Recreational carrying capacity; g. Public access; h. Watershed impact and management. Detailed outline in the staff report Appendix "B ". 16. A market study prepared by an independent, qualified professional consultant analyzing the commercial need including a market and economic analysis, trade area delineation, population purchasing power characteristics and measurement of competition. 17. An overall project phasing plan with strict progression triggers; 18. A 50' setback from the Interstate with a dividing barrier design and a 75' setback from the River; 19. The inclusion of an adequate resident vehicle, equipment and material storage area. Page 4 of 5 THAT, the Sketch Plan ;bmitted 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. 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 IZX, day of A _, 19 97. nunc pro tunc to the 17th day of June , 19 97 . cATTEST: ° BY: 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: Johnnette Phillips, Chairma I:]I George AeGates, Commissioner B . es E. son, J ., mmissioner Commissio seconded adoption called, the vote as as follows: of the foregoing resolution. The roll having been Commissioner Johnnette Phillips Commissioner George A. Gates �" C Commissioner James E. Johnson; Jr. al�� This Resolution passed by C3 'C7 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 5 of 5