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HomeMy WebLinkAboutR94-045 zone district amendment for Blue Ridge PUD - Tucker1 j v w✓ �� Commissioner n. MIAZ LJAM&00rn moved adoption of the following &esolution BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 941 - G6 of \y. IN RE THE MATTER OF THE APPLICATION OF KEVIN AND TAMMY TUCKER For APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the BLUE RIDGE PLANNED UNIT DEVELOPMENT :1 FILE NO: PD- 311 -93 -P d WHEREAS, on or about August 1, 1993, the County of Eagle, State of Colorado, accepted for filing an application submitted by Kevin and Tammy Tucker (hereinafter "Applicant ") for approval of a Zone District Amendment and the Planned Unit Development - Preliminary Plan for the Blue Ridge Planned Unit Development, File No. PD- 311 -93 -P for the parcels of land described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in a 13- sheet set of drawings titled "Preliminary Plan Documents for the Blue Ridge Development," by High Country Engineering, Inc., dated July 30, 1993, and received by Eagle County Department of Community Development on July 30, 1993, and approved by the Board of County Commissioners (hereinafter "the Board ") on January 11, 1994; and as further described in the Blue Ridge Project Planned Unit Development, PUD Guide, dated April 6, 1994, and received by Eagle County Department of Community Development on April 6, 1994, and approved by the Board on January 11, 1994; and WHEREAS, public hearings were held by the Board on December 1, 1993, December 14, 1993, and January 11, 1994, 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 and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: c xy o� c d 0 0 r I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Blue Ridge PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Blue Ridge PUD Sketch Plan and conditions of approval. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports on file pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Mid Valley Community Master Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available. 2. To have a significant economic determinant to the E1 Jebel area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off - street parking and loading space. (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between 2 buildings; and insures that the PUD'i s compatible with other development in the area. IV. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. (e) The developer has provided central water and sewer facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial, recreational and educational facilities conveniently located to residential housing. (g) Clustered housing and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total 25% of the site area. (b) Residential density The density is appropriate Master Plan and individual subject land. after consideration of the characteristics of the (c) Density of Other Uses (commercial) The density of uses other than residential is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (d) Architecture Each structure in the Planned Unit Development has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. -3- (e) Mixed Uses The PUD has been designed to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing The applicant has provided for employee housing needs. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The Environmental Impact Report submitted is adequate. 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amendments, the Board finds as follows: (a) The rezoning is consistent with the Master Plan and the Mid Valley Community Master Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; and the advantages of the use requested outweigh the disadvantages. (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. NO (c) The area which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area, and the proposed rezoning is necessary in order to provide land for a demonstrated community need. 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 Blue Ridge PUD Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of sixty (60) dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Blue Ridge Planned Unit Development PUD Guide, dated April 6, 1994, attached as Exhibit B. The conditions which must be met prior to Final Plat approval are as follows: 1. The phasing plan will be as follows: Phase One 1. 12 apartment units in Bldgs. 9 & 10 on the Overall Development Plan (ODP); 2. Commercial Building Nos. 1 & 2 on the ODP; 3. All associated, necessary and required water, sewer, access, parking, sidewalks, landscaping, lighting, fencing and public open space improvements; 4. Dedication and construction of Blue Ridge Lane from E1 Jebel Road to the east edge of Phase I; 5. Dedication and collateralization for a period of three years of Blue Ridge Lane from the east edge of Phase I through the Ace Lane property to the intersection of Hwy 82 and the proposed realigned Willits Lane. The alignment of this dedication will be in conformance with that of the Kodiak Park proposal. The County will grant a license for three years to the Tuckers to allow for the continued use of the single family residence in the right of way. Phase Two 1. 13 apartment units in bldgs. 11 & 12 on the ODP; 2. Single Family units 3, 4 & 5 on the ODP; 3. Commercial Building Nos. 3, 4 & 5 on the ODP; 4. All associated, necessary and required water, sewer, access, Blue Ridge Lane ROW, parking, sidewalks, landscaping, lighting, fencing and public open space improvements; -5- Phase Tn ee 1. 20 apartment units in bldgs. 6, 7 & 8 on the ODP; 2. Single Family units 1 & 2 on the ODP; 3. All associated, necessary and required water, sewer, access, Blue Ridge Lane ROW, parking, sidewalks, landscaping, lighting, fencing and public open space improvements; All facilities which serve any development phase and which extend beyond the boundary of that phase must be included in the required construction, engineering and collateralization for that phase. The development of subsequent phases will be initiated only at 80% occupancy of the previous phase. 2. Site specific geologic and soils investigations are required for the construction of all infrastructure and all buildings on the upper terrace. The Final Plat plans and these investigations will be reviewed by the Colorado Geologic Survey. All CGS review fees shall apply. All Final Plats shall contain plat note language to this effect. 3. An erosion control plan per Section 2.18.01(4(n) or evidence that a NPDES (National Pollution Discharge Elimination System) permit has been issued. 4. Each filing will be assessed cash in lieu of school land dedication per Section 2.18.01(4(p). 5. Off -site road improvements to the El Jebel Road as outlined in the El Jebel Commercial Area Site Access Study are the responsibility of the applicant and will be collateralized at Final Plat. 6. All additional Colorado Geological Survey fees incurred to date and in the future shall be paid. 7. Pavement needs to be widened on curves to accommodate truck traffic. 8. Sidewalks in the public ROW will need curb and gutter. 9. The entire length of the frontage road will need curb and gutter except that portion of the road behind the Crawford commercial. 10. The upper road cross - section needs to be 2 - 10' lanes with a 2' shoulder on each side plus necessary ditching from Blue Ridge Loop to driveway #3. A 16' platform from driveway #3 to Blue Ridge Court is acceptable. This is to provide fire vehicle access and must be found acceptable to the Basalt and aural Fire Protection District. 11. The Mid Valley Metropolitan District accept water and sewer designs prior approvals. Any associated releases through the Subdivision Improvements be allowed without formal acceptance Mid Valley. will have to to any Final Plat Df collateral Agreement will not for maintenance by 12. Engineer prepared cost estimates of the public improvements associated with each phase and a total for the entire project. 13. Dry wells or "soak aways" should not be considered to be used as detention /retention facilities. 14. A temporary "loop" be constructed between Blue Ridge Lane and Blue Ridge Loop and that traffic patterns and parking be approved by the County Engineer until permanent construction is complete. Temporary cul -de- sacs on these roads are inappropriate even during the construction phases. 15. The developer /landowners shall be responsible for snow removal and road maintenance until such time that the frontage road is completed to the realigned Willits Lane. 16. Remove "Condominium" as an approved Use by Right from the PUD Guide and add "Apartments" above commercial space as an approved Use by Right. The maximum total allowable square footage of these apartments above commercial shall be 10,800 sq. ft. or ten units. 17. The applicant will present an engineering review of the proposed retaining walls. 18. All floor area calculations shall conform to "Floor Area" as defined by the Eagle County Land Use Regulations. THAT, the Blue Ridge Development Preliminary 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. dC � THAT, the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. 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, tate of Colorado, at its meeting held the ati== day of nep, , 19q4 nunc pro tunc the 11th day of January 19 94. ATTEST: BY: SCI i J COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Sara J. Fi,*her Clerk of the Board of County Commissioners , y BY: JqPbnette Phillips, Cha'rman BY: Georg Commissioner Commissioner { seconded adoption of the foregoing reso tion. The roll h wing been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by '�:5 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. f EXHIBIT B 1 B L U E R I D G E P jR O J E C T PLANNED UNIT DEVELOPMENT CONTROL GUIDE 3. Offices, including but not limited to: a. Medical & Dental b. Construction (No outside storage) C. Architects & Engineers d. Bank e. Photo studio 4. Apartments above commercial space limited to 10,800 square feet or ten units. 1. PURPOSE To allow for medium and high density residential, commercial, motel, and apartment development in the E1 Jebel village core. 2. USES BY RIGHT A. Five single- family residential units on upper terrace. B. Commercial space not to exceed 24,000 square feet of floor area: 1. Retail establishments, including but not limited to sales of: a. Appliances b. Automotive and vehicular parts C. Bakery d. Beverages - including beer & liquor.sales e. Clothing f. Dry goods, cards and gifts g. Food - including restaurants h. Furniture i. Garden supplies & plant materials d j. Hardware cn � k. Drugs 1. Jewelry U L l M. Florist o a _1 F 2. Personal Service establishments including but 9 ¢ < z not limited to: w 2 a. Beauty & Barber shops 15 b. Cleaners & Dryers O C. Laundromat U d. Arts & Crafts e. Day care center f. Spa or health club 3. Offices, including but not limited to: a. Medical & Dental b. Construction (No outside storage) C. Architects & Engineers d. Bank e. Photo studio 4. Apartments above commercial space limited to 10,800 square feet or ten units. BLUE RIDGE SUBDIvAION /PUD CONTROL GUIDE 3. 4. 5. M C. Motel: Maximum eighty (80) motel rooms and accessory uses of up _ to 38,400 sq. ft. exclusive of hallways 'and storage, including but not limited to: 1. Meeting rooms 2. Pools and hot tubs 3. Office D. Apartments and accessory uses, including but not limited to: 1. A coin operated laundry 2. Recreational facilities 3. Community building 4. Open Space E. Open Space MINIMUM SETBACKS As shown on the approved PUD Preliminary Plan and approved Final Plat including modifications thereto. MAXIMUM BUILDING HEIGHTS To mid -point of roof. A. Single B. Commercial C. Motel D. Apartments 6,7 & 8' E. Apartment 9, 10, 11 & 12 35.0 feet 40.0 feet 40.0 feet 22.0 feet to underside of soffit of second story and 35 feet to mid -point of roof 40.0 feet to mid -point of roof. PUBLIC ROAD RIGHTS - OF -WAY: As shown on the approved Final Plat. SIGNAPPt All signage shall conform to Section 2.11, Eagle County Sign Code, of the Eagle County Land Use Regulations except as follows: The following shall apply to all commercial identification signs in the Blue Ridge Commercial Area: BLUE RIDGE PROJI '/ PUD CONTROL GUIDE a. The business center and motel each shall be allowed maximum of sixty -four (64) sq.ft. of signage on each side of a free - standing sign. b. No temporary signs may be attached inside or outside the building within 10 feet of the storefront, except temporary tenant identification during construction. C. Projecting and hanging signs in front of each individual office or commercial use shall be a miximum of ten square feet of sign face seen from either of two directions. The residential apartment building complex shall be allowed one (1) identification sign of maximum forty (40) square feet, one sided only. Each building may have one sign for building address of a maximum of six (6) square feet. Individual residences may have an individual identification sign of a maximum two (2) square feet. All buildings at time of application for a building permit shall detail the proposed sign as part of their building permit application. All definitions, exempt signs, prohibited signs, and illumination shall be governed by the Sign Code of Eagle County. 7. FENCING: No fence, wall or similar type barrier exceeding 36 inches in height of any kind shall be constructed, erected, or maintained on any lot, except such functional fences or walls as may be approved by the owners as an integral or decorative part of a building. For wire fences, a 12 -inch kick space shall be provided between the top two wires. M LIGHTING: All lighting shall be indirect with minimum glare to pedestrian and auto areas. No moving or flashing light systems will be permitted. Incandescent light sources are recommended for displays and pedestrian areas. On commercial signs, backlit letters are permitted. Evening lighting that provides an indirect glow to pedestrian and parking areas shall be allowed. Public parking areas will be provided with downward direct street lights. BLUE RIDGE PROJE Y PUD CONTROL GUIDE �> 9. PARKING: A. Single family residential 3.0 spaces per unit B. Multi - family residential 2.5 spaces per unit C. Motel 1.0 space per unit D. Retail and Service Commercial 1.0 space per 300 E. Restaurant and tavern 1.0 space per each 4 seats 10. TRASH STORAGE: A. Commercial Area. Trash collection areas will be provided so that solid waste is not exposed to the atmosphere and proper cleaning facilities (e.g., hose, outlets and floor drains) shall be provided, along with fire protection devices. Trash collection areas shall not conflict with pedestrian circulation areas. B. Multi- family Area. All trash collection areas must be enclosed by walls or fences. 11. MECHANICAL EQUIP 12 13. In the commercial area, all mechanical equipment (e.g. air conditioners, heating, etc.) must be screened and located in areas to reduce noise and vibration. TEMPORARY USES: A. Commercial Area The owners or their representatives may use part of the commercial space as an office to facilitate the rental or leasing of retail, office or other commercial or residential spaces or units. USE AND MAINTENANCE OF THE OPEN SPACE: The open spaces, as designated on the Overall Development Plan, shall be public spaces. The maintenance of the open space, including bike paths, pedestrian paths, picnic areas, easements etc., shall be the responsibility of the owners or their representatives. 14. LANDSCAPING: Landscaping shall be supplied as specified on the Overall Development Plan and any revisions thereof. The owners shall supply and maintain all landscape materials within the multi - family, commercial and open space areas. All landscaping within the single family areas shall be the responsibility of the leasee or tenant. BLUE RIDGE SUBDIVISION /PUD CONTROL GUIDE 15. POLLUTION CONTROL There shall be no discharge of to abnormal substances or emitting of dust, or other particulate matter to a be likely to cause an adverse impact No woodburning fireplaces shall be fireplaces. xic or thermally smoke, gas, steam, level which would on the environment. allowed, only gas EXHIBIT A �) LEGAL DESCRIPTION - BLUE RIDGE PROJECT A parcel of land situate in Tract 46, Township 8 South, Range 87 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at Angle Point 6 of Tract 39, Township 8 South, Range 87 West of the 6th Principal Meridian, also being a point on the north line of said Tract 46; thence along a fence line the following courses: S 27 13' 06" E 31.00 feet; thence S 18 17' 43" E 34.40 feet; thence S OG 51' 36" E 98.27 feet; thence S 12 36' 04" W 49.39 feet; thence S 27 16-e 32" E 178.15 feet; thence S 02 46' 52" W 23.73 feet; thence S 12 59' 22" W 149.29 feet; thence S 11 35' 14" W 206.23 feet; thence S 18 26' 02" W 34.30 feet to a point on the northerly boundary line of a parcel of land more particularly described in Book 224 at Page 357 as Document No. 120107 of the records of the Clerk and Recorder's office of Eagle County, Colorado; thence along said northerly boundary line of a parcel of land described in Document No. 120107 the following courses: N 68 06' 40" W 136.29 feet; thence N 71 55' 34" W 49.68 feet; thence N 82 46' 57" W 66.15 feet; thence N 79 16' 47" W 75.58 feet; thence S 44 25' 08" w 32.22 feet; thence S 36 48' 44" W 63.17 feet to a point on• the northerly right -of -way line of Colorado State Highway No. 82; thence along said northerly right -of -way line the following courses: from a tangent bearing N 47 03' 17" W; thence 258.61 feet along the arc of a 3860.00 foot radius curve to the left and having a central angle of 03 50' 19" which arc subtends a chord bearing N 48 58' 26" W 258.56 feet; thence N 50 53' 36" w 232.20 feet; thence 188.07 feet along the arc of a 5770.00 foot radius curve.to the left and having a central angle of 01 52' 03" and which arc subtends a chord bearing N 51 49' 37" W 188.06 feet to a point on the easterly boundary line of a parcel of land being more particularly described in Book 135 at Page 369 as Document No. 81639 of the records of the Clerk and Recorder's office at Eagle County, Colorado; thence along said easterly boundary line of said land described in Document No. 81639 the following course: N 01 41' 47" W 138.19 feet to a point on the southerly boundary line of a parcel of land being more particularly described in Book 122 at Page 568 as Document No. 80467 of the records of the Clerk and Recorder's office at Eagle. County, Colorado; thence along said southerly boundary line of the parcel described in Document No. 80467 the following course: s 85 21' 47" E 337.40 feet to a point on the easterly boundary line of said parcel described in Document No. 80467; thence along said easterly boundary line of a parcel described in Document No. 80467 the following course: N 06 14' 47" W 307.20 feet to a point on the north line of said Tract 46; thence S 35 21' 47" E 595.44 feet along said north line of Tract 46 to the point of beginning, containing 12.955 acres more or less,