HomeMy WebLinkAboutR97-116 approval of PUD for Confluence PDA-00003 and PDP-00003I fi J Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 - I/6 APPROVAL of a PLANNED UNIT DEVELOPMENT AMENDMENT and PRELIMINARY PLAN for the CONFLUENCE FILE NO: PDA -00003 AND: PDP -00003 WHEREAS, on or about March 27, 1997, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail Associates Investments, Inc. (hereinafter "Applicant') for approval of a PUD Amendment and PUD Preliminary Plan for Phase II of the Confluence Planned Unit Development as described in Schedule A attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the applicant requested the approval of a PUD Amendment and Preliminary Plan as described in a drawing titled "Illustrative Plan" dated March 1997 and attached hereto as Exhibit B, and approved by the Board of County Commissioners (hereinafter "the Board ") on June 3, 1997; and as further described in The Confluence PUD Guide as approved by the Board on June 3, 1997 and attached hereto as Exhibit C; and WHEREAS, public hearings were held by the Eagle County Planning Commission on May 21, 1997 and by the Board of County Commissioners on June 3, 1997; 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 recommendation of the Eagle County Planning Commission, and comments from all interested parties, the Board finds as follows: The proposed amendment to the Confluence Planned Unit Development is consistent with the efficient development and preservation of the entire PUD. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest. 3. The proposed amendment shall not solely confer a special benefit upon any person. In accordance with Section 2.06.13, Planned Unit Development District and 2.18.02(3) Preliminary Plan Review, a) The Confluence PUD conforms to the Sketch and other information requested or required by the County Commissioners upon approval of the Sketch Plan. b) The review of the Preliminary Plan has determined that the proposed subdivision conforms to these and other applicable regulations, policies and guidelines. c) A review has occurred of reports on file and others as available pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas and consideration of the guidelines and further consideration has occurred regarding the recommendations as prepared by the appropriate agency, to mitigate hazards and to protect resources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Vail Associates Investments, Inc. for approval of a Planned Unit Development Amendment and a PUD Preliminary Plan be and is hereby granted subject to the following conditions: Implementation of wildlife mitigation measures as suggested by Western Ecosystems in the wildlife assessment including, but not limited to: a. Retention of mature trees along the Eagle River b. Setbacks along the river to protect the riparian area c. Prevention of runoff into the river d. Mitigation of impacted wetlands. 2. Adequate details be provided to assure that the detention areas /wetponds and protection of the Eagle River be provided for review and approval by the Engineering Department at Final Plat. 3. Lighting standards be consistent with the Town of Avon lighting standards for parking lots. 4. A pedestrian plan be incorporated into the PUD which adequately addresses connection with the Town of Avon. 2 5. An alternative landscape plan. be submitted to the Community Development Department, Planning Division staff for further review. THAT, The Confluence Minor PUD 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. 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 meeting held the 18th day of August, 1997, nunc pro tunc to the 3rd day of June, 1997. ATTEST: COMMIS Sara J. Fisher Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY BY: Ve,��J,6_ Johnnette Phillips, ehairman BY: Georg A. Gates, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner George A. Gates This Resolution passed by Ll�� vote of the Board of County Commis- sioners of the County of Eagle, State of Colorado. 3 CONFLUENCE PLANNED UNIT DEVELOPMENT GUIDE A. PURPOSE The purpose of this PUD Guide is to ensure orderly use of the property in accordance with the standards, restrictions and regulations which govern the use of land within the Confluence Planned Unit Development. The Confluence Minor PUD is a single lot, limited use development that will serve as surface parking in support of the Beaver Creek Resort. B. ALLOWABLE USES Permitted Uses a. Parking. No camping, car camping or overnight occupancy in vehicles, including recreational vehicles, will be allowed. From April 1 through November 15 of each year thirty of the parking spaces will be made available for the public utilizing the Eagle River access, bicycle path or boat ramp. b. Recreation Trails/River Access c. Gondola/chairlift terminal. C. SIGN CODE Property/Project Identification Sign One property /project identification sign shall be allowed at the primary access to the property. The sign shall be located outside of the intersection clear zone area as defined in Section 2.23 of the Eagle County Land Use Regulations. The sign information shall be limited to identification of the property and the use of the property. Maximum size shall be 20 square feet. Maximum height shall be 8 feet from existing grade. Internal Directional Signs Up to 10 internal directional signs shall be allowed. Maximum size shall be 6 square feet. Maximum height shall be 8 feet from existing grade. Internally lighted signs shall be prohibited in the Confluence PUD. D. LIGHTING STANDARDS Lighting standards shall be a maximum height of 18'. They shall be of a shoebox or cut- off style that ensures no direct light source is visible. The illumination levels shall not exceed 0.6 footcandles average on pavement. The hours of operation of the lights shall be restricted to the period between 7:00 a.m. and 8:00 p.m. each day, except for an area of approximatly 100 parking spaces at the east end of the lot, which may be illuminated all night. ) SCHEDULE A PROPERTY DESCRIPTION A PARCEL OF LAND LYING WITHIN THE SOUTH ONE -HALF (1/2) OF THE NORTHWEST ONE - QUARTER (1/4) OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER CORNER OF SAID SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST; THENCE N. 02 DEGREES 08'18 "Il. 595.00 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD AND THE TRUE POINT OF BEGINNING; THENCE N. 65 DEGREES 58'08 "W. 1762.75 FEET ALONG SAID SOUTH RIGHT -OF -WAY LINE MORE OR LESS TO A POINT ON THE SOUTH BOUNDARY OF BENCHMARK AT BEAVER CREEK SUBDIVISION, REVISED FINAL PLAT, EAGLE COUNTY, COLORADO, SAID POINT BEING THE SOUTHEAST CORNER OF TRACT "H" OF SAID SUBDIVISION; THENCE S. 89 DEGREES 50'48 "W. 397.29 FEET ALONG THE SOUTH BOUNDARY OF TRACT "H" OF SAID SUBDIVISION TO A POINT FROM WHICH THE NORTHWEST CORNER OF THE SOUTH ONE -HALF (1/2) OF THE NORTHWEST ONE - QUARTER (1/4)-OF SAID SECTION 12 BEARS S. 89 DECREES 50'48 "W. 629.76 FEET; THENCE ALONG THE FOLLOWING TEN COURSES OF THE APPROXIMATE CENTERLINE OF THE EAGLE RIVER: 1.) S. 48 DEGREES 46'06 "E. 132.70 FEET 2.) S. 57 DEGREES 59'37 "E. 341.00 FEET 3..) S. 50 DEGREES 27'44 "E. 455.67 FEET 4.) S. 48 DEGREES 24'11 "E. 293.81 FEET 5.) S. 44 DEGREES 17'20 "E. 152.41 FEET 6.) S. 50 DEGREES 47'24 "E. 154.96 FEET 7.) S. 54 DEGREES 19'56 "E. 187.29 FEET 8.) S. 82 DEGREES 03'45 "E. 214.88 FEET 9.) N. 85 DEGREES 23'48 "E. 162.21 FEET 10.) N. 85 DEGREES 5"8'54 "E. 225.41 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF THE COLORADO STATE HIGHWAY; THENCE ALONG SAID WESTERLY RIGHT -OF -WAY ON THE FOLLOWING THREE COURSES: 1.) N. 09 DEGREES 23'26 "E. 93.73 FEET 2.) N. 42 DEGREES 47'36 "E. 37.43 FEET 3.) N. 10 DEGREES 32'54 "E. 54.70'F£ET TO A POINT OF CURVE; THENCE CONTINUNING ALONG SAID COLORADO STATE HIGHWAY RIGHT -OF -WAY 181.09 FEET ALONG THE ARC OF A 1101.84 FOOT RADIUS CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 09 DEGREES 25'00" AND WHOSE LONG CORD BEARS N. 05 DEGREES 50124 11E. 180.89 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE FOLLOWING 3 PARCELS: PARCEL 1: A PARCEL OF LAND NO. TK -10 of the Town of Avon, State of Continued on next page b9Z9711 B -686 P -984 06/lZ/96 UZ:ZUP PG 6 OF 1'L R v. T 3 SCHEDULE A PROPERTY DESCRIPTION CONTINUED Colorado, situated in the SE1 /4 of the NW1 /4 of Section. 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, more particularly described as follows: Commencing at the center quarter corner of said section: Thence N 00 degrees 06'14" East along the meridional centerline of said section, a distance of 449.22 feet; Thence N 89 degrees 53146" West a distance of 35.59 feet to the Point of Beginning, said point also being a point on curve from whence the radius point bears N 81 degrees 13135" West 1095.90 feet said point also being on the westerly right of way of Avon Road, and said curve not being tangent to the previously described course; Thence along said westerly right of way the following three couses: ' Thence along said curve to the right, having a central angle of 01 degrees 49'48 ", a radius of 1095.90 feet, an arc length of 35.00 feet; 2. Thence S 10 degrees 3.6113" West a distance of 54.70 feet; 3. Thence S 42 degrees 36143" West a distance of 37.70 feet; Thence N 41 degrees 09'04" West a distance of 30.00 feet; Thence N 11 degrees 30'401' East a distance of 86.00 feet; Thence N 78 degrees 15147" East a distance of 45.00 feet to the Point of Beginning. Parcel 2: c,. P. Parcel of land No. PE -10 of the Town of Avon, State *of e-+� Colorado, situated in the SE1 /4 of the NW1 14 of Section 12 C) Township 5 South,, Range 82 West of the Sixth Principal Meridian, v' more particulary described as follows: Commencing at the center quarter corner of said section; Continued on next page b9Z9' 1'1 B -696 Y -984 Ob /12/96 UL:'LUY YU '! OF 12 Y SCHEDULE A PROPERTY DESCRIPTION CONTINUED Thence N 00. degrees 06'14 ". East along the meridional centerline of said section, a distance of 449.22 feet; 'Thence N 89 degrees 53'46" West a distance of 35.59 feet to the Point of Beginning, said point also being on the westerly right of way of Avon Road; Thence S 78 degrees 15'47" West a distance of 45.00 feet; Thence N 20 degrees 40'24" East a distance of 52.00 feet; Thence N 3 degrees 53'04' East a distance of 119.79 feet to a point on the southerly right of way of the Denver and Rio Grande Western Railroad; Thence S 65 degrees 58'08" East along said southerly right of way, a distance of 33.06 feet to a point on the westerly right of way of Avon Road, said point also being a point on curve from whence the radius point bears N 88 degrees 52'13" West a distance of 1095.90 feet, said curve also being not tangent to the previously described course; Thence along said westerly right of way and along said curve to the right, having a central angle of 07 degrees 38'38", a radius of 1095.90 feet, an arc length of 146.20 feet to the Point of Beginning. PARCEL 3: A parcel of land No. TK -10 -A of the Town of Avon, State of Colorado, situated in the SE1 /4 of NW1 14 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Commencing at the center quarter corner of said section; Thence N 00 degrees 06'14 East of said along the meridional centerline I section, a distance of 331.13 feet; qd Thence N Point of 89 degrees 53146" West Beginning, a distance of 76.86 feet to they of way of said point Avon Road; also being on the westerly right Thence S 09 degrees 28113 West along said westerly right of way Continued on next page b92977 B -69b Y -984 06 /1'L /9b 02:ZUP PG 8 ON 12 i SCHEDULE A PROPERTY DESCRIPTION CONTINUED a distance of 94.50 feet to a point on the centerline of the Eagle River; Thence S 85 degrees 58154" West along-said centerline a distance of 28.16 feet; Thence N 11 degrees 28 18" East a distance of 120.18 feet; Thence S 41 degrees 09104" East a distance of 30.00 feet to the Point of Beginning. COUNTY OF EAGLE STATE OF COLORADO b929117 B -696 Y -984 06/12/96 U'2:20Y PG 9 OF 12 4 Md