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HomeMy WebLinkAboutR97-121 PUD for Vogelman (Vesuvius Placer)Commissioner (�A—,, moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9� —S/ APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR Vogelman (Vesuvius Placer) PUD FILE NO. PDS -00004 111111111111111111 IN 11111111111111111 111 11111 1111 IN 631808 08/29/1997 04:24P B735 P853 1 of 8 R 0.00 D 0.00 Sara J Fisher, Eagle, CO WHEREAS, on or about April 1, 1997, the County of Eagle, State of Colorado, accepted for filing an application submitted by Kurt Vogelman (hereinafter "Applicant ") for approval of the Planned Unit Development Sketch Plan for Vogelman PUD, a.k.a. Vesuvius Placer PUD File No. PDS -00004 ; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: A five lot commercial /industrial /residential PUD: the commercial /industrial area on the portion currently occupied by the saw mill and two home sites on the undisturbed portion of the property to the east/southeast. There are three commercial /industrial parcels requesting a total of 60,000ft'- of floor area (30k, 20k & l0k ftZ on lots 1, 2 &: 3, respectively). Two additional parcels, just off the lava flow, are proposed to allow 3,700ft2 single family homes with 1,600ft2 secondary units. The 3 commercial lots propose two 1,200ft2 employee units each with Lot 1 allowing three additional employee units of 1,600ft2 each. The total of eleven secondary/accessory/employee units are not intended to be further subdivided. Water is proposed to be supplied by wells and an augmentation plan and sewage disposal is through Individual Sewage Disposal Systems (septic). Two common driveways are proposed accessing the residential and commercial /industrial portions. Page 1 of 5 r� 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 May 21 & June 18. 1997 , the Planning Commission, based upon its findings, recommended approval of the proposed PUD Sketch Plan, with certain conditions; and WHEREAS, at its regular hearings of July 28 & August 11, 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: The proposed Sketch Plan is in conformance with the 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 the Dotsero Area 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. The land included in the proposed Sketch Plan is suitable for subdivision as proposed. Comments and recommendations from the agencies listed in Eagle County Land Use Regulations, Section 2.17.02(1), have been considered. Page 2 of 5 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. The PUD can be completed within a reasonable period of time, to be determined prior to final approval of the PUD. 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. 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 Voeelman PUD. a.k.a. Vesuvius Placer PUD be and is hereby granted, subject to compliance with the following conditions: The applicant shall comply with the County Engineer's concerns and requirements regarding access and traffic circulation by submittal of the preliminary plan; Page 3 of 5 l 2. A water supply and distribution plan and report shall be developed by a Registered Engineer and/or Geologist qualified to perform such work finding that the supply system is sufficient in terms of quality, quantity and dependability. This plan and report shall be submitted at preliminary plan for referral to the State Engineer who shall review it according to statutory requirements; 3. A sanitary sewage disposal plan and report for all lots shall be developed by a Registered Engineer or Sanitarian qualified to perform such work. The contents and requirements of this Plan/report shall be as necessary to meet the requirements of the County Health Manager and shall be submitted at preliminary plan for agency referral; 4. A detailed report and plan demonstrating compliance with the guidelines and principles of the Eagle River Watershed Plan shall be submitted at preliminary plan. Applicable issues identified by the Plan include but are not necessarily limited to water conservation measures, wellhead protection, implementation and management of runoff Best Management Practices (BMPs), aquatic, wetland and riparian habitat improvement, wildlife disturbance, recreational carrying capacity, public access, watershed impact and management and land use compatibility; 5. A report and plan prepared under the direction and guidance of the Division of Wildlife concerning dog control measures, fence standards, livestock use, bear /trash standards and mitigation for lost and destroyed critical wildlife habitat; 6. Demonstration of adequate usable open space; 7. Two employee units per commercial parcel only are permitted and required. The two residential parcels shall only be allowed one single family unit each. Other allowances and requirements of the draft PUD Guide shall be subject to further review and restriction at preliminary plan; 8. A detailed plan for the site's environmental clean-up shall be submitted at preliminary plan including the development of a critical path time line. 9. A detailed landscaping plan shall be submitted at preliminary plan also including a critical path time line. 10. All material representations made by the Applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 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. Page 4 of 5 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 Cou ty of Eagle, State of Colorado, at its regular meeting held the O,5Cz _ day of 19 17 7 nunc pro tunc to the 11th day of August , 19 97 . COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: /3 �� BOARD OF COUNTY COMMISSIONERS COLORAOJ ^ r BY: do Aik BY: Sara J. Fisher Jonette Phillips, Chairman Clerk of the Board of County Commissioners BY:.� /�G�r�i�e -- George . Gates, Commissioner Commission' seconded adoption of the foregoing resolution. The roll having been called, th vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates ° Commissioner James E. Johnson, Jr. This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 5 of 5