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HomeMy WebLinkAboutR94-047 Kodiak Park PUDj 3 1 commissioner moved adoption of the followi Resoluti BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO 1f� RESOLUTION NO. 9� J IN RE THE MATTER OF THE APPLICATION OF ANDREW AND JENNIFER LANE For APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the KODIAK PARK PLANNED UNIT DEVELOPMENT FILE NO: PD- 312 -93 -P WHEREAS, on or about December 15, 1993, the County of Eagle, State of Colorado, accepted for filing an application submitted by Andrew and Jennifer Lane (hereinafter "Applicant ") for approval of a Zone District Amendment and the Planned Unit Development Preliminary Plan for the Kodiak Park Planned Unit Development, File No. PD- 312 -93 -S 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 9 - sheet set of drawings titled "Preliminary Plan Documents for the Kodiak Park Subdivision," by (Engineering Firm:) High Country Engineering, Inc., dated December 1, 1993, and received by Eagle County Department of Community Development on December 1, 1993, and approved by the Board of County Commissioners (hereinafter "the Board ") on February 15, 1994; and as further described in the Kodiak Park Planned Unit Development Control Guide, dated April 6, 1994, and received by Eagle County Department of Community Development on April 6, 1994, and approved by the Board on February 15, 1994; and WHEREAS, public hearings were held by the Board on February 15, 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, x 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: 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 Kodiak Park PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Kodiak Park 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 Mid Valley 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. -2- (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between buildings, and insures that the PUD is 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. -3- (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. (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 Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; � 1 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. (c) The area for 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 Kodiak Park Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted. Structures shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Kodiak Park Planned Unit Development Control 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 County should be provided copies of valid well permits for each of the existing wells; 2. The applicant shall contact RFTA to discuss how this development can address the concerns of the Agency; 3. The applicant and the Robinson Ditch Company will agree on a ditch easement and associated language pursuant to Sketch condition #9. (The postponement of this condition until Final Plat in no way releases the applicant from the intent of the condition) The size of the culvert(s) shall also be resolved; 4. A drainage study and plan should be submitted demonstrating positive drainage away from the site (Engineering memo dated January 20, 1994); 5. The applicant agrees to changes pursuant to the County Engineer's concerns of driveway locations and roadway geometry; 6. The applicant should facilitate a response from the Basalt and Rural Fire Protection District pursuant to -5- Sketch condition #13 (The postponement of this condition until Final Plat in no way releases the applicant from the intent of the condition); The PUD Control Document modifications: A. The nursery and tree farm should be listed as a special use in Parcel A. B. Uses by right in Parcel B should indicate that the construction office and apartment are "grandfathered" uses and what structure they are in. Any change in use of the structure will require a PUD Amendment. C. Parcel C should list the uses by right and not refer to the Resource Zone per Section 2.06.01(2). There are uses by right in that zone district that are inappropriate. D. Parcel D should include the statement, "No kennel operations shall be permitted without a valid State of Colorado license and a current approved inspection certificate providing such licensing procedures exist. Also, conformance shall be required with any County regulations addressing kennels or kennel -type operations as may be promulgated." E. Signage - In addition to a 64 sq. ft. business center sign, each commercial use shall be allowed a maximum of twenty (20) square feet of signage except that the restaurant shall be allowed thirty (30) square feet of signage. The entire length of the frontage road will need curb and gutter. 9. 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 10. All public improvements will be collateralized through a Subdivision Improvements Agreement. 11. Cash in lieu of school land dedication for all new dwelling units; 12. Blue Ridge Lane will be dedicated as a public road by plat from Hwy 82 to the Blue Ridge PUD Project. This road will be improved to the County Engineer's standards to the westernmost of the two access points of the Kodiak Park commercial development. All improvements to Blue Ridge Lane in Kodiak Park will be collateralized through a Subdivision Improvements Agreement. Kodiak Park will cause the Blue Ridge Project to deed the right of way to the County for Blue Ridge Lane through the Blue Ridge PUD and the Crawford property to E1 Jebel Road. The alignment of this deeded right of way will meet or exceed the Eagle County Engineer's requirements. 13. The number of boats being stored on site shall be limited to 30 except during special events. THAT, the Kodiak Park 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. 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. -7- MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle., State of Colorado, at its meeting held the [Nk— day of /�nnefl. 19q, nunc pro tunc the 15th day of Febr ary 1994 . COUNTY OF EAGLE, STATE OF cCOLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ' �� BY: Sara J. FisYier Jcphnette Phillips, Chairm n Clerk of the Board of ('nnnty (rmin9 cc r...erc Commissioner George A. Gates /X_Y3'Z2.r Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by cv --U vote of the Board of County Commissioners of the County of Eagle, State of Colorado. cm A. TRACT OF LAND SITUATE IN SECTION 35 OF TOWNSHIP 7 SOUTH, l(ANUL, 8/ WEST, AND SEC' 2 OF TOWNSHIP 8 SOUTH, P` °' 87 WEST OF THE GTH PRINCIPAL HER IAN BEING MORE PARTICULARLY AS FOLLOWS: EXHIBIT A BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE N 01'06'41" E A DISTANCE OF 670.16 FEET ALONG THE WEST LINE OF SAID SECTION 35; THENCE S 89'56'14" E A DISTANCE OF 2622.50 FEET ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE S 00'19 E A DISTANCE OF 667.61 FEET ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 35 TO THE SOUTH 1/4 CORNER OF SECTION 35, ALSO BEING AP 1 OF TRACT 38 OF SAID SECTION 2; THENCE S 00'18 E A DISTANCE OF 1593.93 FEET ALONG LINE 1 -6 OF SAID TRACT 38 TO AP 6 OF TRACT 38, ALSO BEING THE NORTHWEST CORNER OF LOT 7 OF SURVEY APPROVED BY SURVEYOR GENERAL ON JANUARY 20, 1891; THENCE S 00'11'41" W A DISTANCE OF 1319.45 FEET ALONG THE WEST LINE OF LOTS 7 AND 10 TO A POINT ON THE NORTHWEST ` BOUNDARY OF LAURA J. ESTATES, COUNTY OF EAGLE, STATE OF COLORADO; THENCE ALONG THE NORTH AND WEST BOUNDARY OF LAURA J. ESTATES THE FOLLOWING NINETEEN (19) COURSES; S 89 W A DISTANCE OF 64.87 FEET; THENCE N 00 12'04" E A DISTANCE OF 364.73 FEET; THENCE S 89 58'52" W A DISTANCE OF 236.80 FEET; THENCE S 05'51'08" E A DISTANCE OF 52.54 FEET; THENCE S 02 28'52" W A DISTANCE OF 51.41 FEET; THENCE S 22 47'52" W A DISTANCE OF 108.46 FEET; THENCE S 00_04'08" E A DISTANCE OF 205.14 FEET; THENCE S 11 E A DISTANCE OF 90.55 FEET; THENCE S 17'16'52" W A DISTANCE OF 79.16 FEET; THENCE S 28 13'52" W A DISTANCE OF 90.82 FEET; THENCE S 82'16'52" W A DISTANCE OF 162.69 FEET; THENCE S 60 W A DISTANCE OF 135.86 FEET; THENCE S 05'48'08" E A DISTANCE OF 36.83 FEET; THENCE S 24 W A DISTANCE OF 96.33 FEET; THENCE S 33 W A DISTANCE OF 80.60 FEET; THENCE S 35 W A DISTANCE OF 104.58 FEET; THENCE S 09 41'52" W A DISTANCE OF 41.48 FEET; THENCE S 06 E.A DISTANCE OF 134.08 FEET; THENCE S 35 58'52" W A DISTANCE OF 198.55 FEET; TO THE EASTERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 82; THENCE 1146.35 FEET ALONG THE ARC OF A 2905.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 22 36'35" AND SUBTENDING A CHORD BEARING N 28 44'13" W A DISTANCE OF 1138.93 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE N 40 02'30" W A DISTANCE OF 1805.40 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE 46.40 FEET ALONG THE ARC OF A 3860.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 00 41'19" AND SUBTENDING A CHORD BEARING N 40 23'10" W A DISTANCE OF 46.40 FEET; THENCE S 86'15 E A DISTANCE OF 98.94 FEET; THENCE N 19 48'42" W A DISTANCE OF 67.58 FEET; THENCE N 26 02'52" W A DISTANCE OF 119.52 FEET; THENCE N 10'46 W A DISTANCE OF 38.25 FEET; THENCE N 05 44'07" W A DISTANCE OF 44.33 FEET; THENCE N 00 02'57" W A DISTANCE OF 35.53 FEET; THENCE N 17 32'24" E A DISTANCE OF 62.61 FEET; THENCE N 17 E A DISTANCE OF 84.30 FEET; THENCE N 10'36 E A DISTANCE OF 206.63 FEET; THENCE N 12 E A DISTANCE OF 149.29 FEET; THENCE N 01 48'35" E A DISTANCE- OF 23.73 FEET; THENCE N 28'14 W A DISTANCE OF 178.15 FEET; THENCE N 11'37'47 E A DISTANCE OF 49.39 FEET; THENCE N 07'49'53" W A DISTANCE OF 98.27 FEET; THENCE N 19'16'00 ".W A DISTANCE OF 34.40 FEET; THENCE N 28 11'23" W A DISTANCE OF 31.00 FEET; TO AP 3 OF TRACT 38; THENCE N 00 15'23" W A DISTANCE OF 331.54 FEET ALONG LINE 3 -2 OF TRACT 38 TO AP 2 OF TRACT 38, ALSO BEING THE SOUTHWEST CORNER OF SECTION 35, THE POINT OF BEGINNING, SAID PARCEL CONTAINING 206.068 x 3 EXHIBIT B P. O D I A K P A R R i! \UT • UNIT •. O•Tia C ONTROL eW • 1. PURPOSE To allow for low density residential and commercial development in the El Jebel area. 2. USES BY RIGHT Parcel A. Ski lake and accessory uses to the operation of the ski lake including: 1. Fueling facilities for the ski boats subject to the sgulutiors of the State Oil Isispection Section of the State of Colorado Department of Labor and Employment. 2. Ski clinics for members of the ski lake 3. Hours of operation shall be between sunrise and sunset. UJ 4. The lake shall be limited to the use of one 1. Q water ski boat at a time. J r UJ 5. All water ski boats shall be AWSA certified o U p tournament ski boats. Noise levels shall not I= U exceed 75 decibels at 100 feet. Z � 6. There shall be no artificial lighting of the lake for night -time water skiing. UO 7. Under separate cover there is mosquito/ algea /weed /odor control plan in effect. 8. Storage of 30 ski boats on site. A maximum of 50 ski boats may be stored on site for special events. 9. Parking for the ski lake and parking overflow from parcel B. Parcel B. Commercial space for: 1. Retail establishments, including but not limited to sales of: a. Bakery b. Beverages - including beer & liquor sales C. Clothing d. Dry goods, cards and gifts e. Food - Including restaurants and lounges x.3 33 3 KODIAK PARK /PUD CVNTROL GUIDE /PAGE 2 " f. Drugs g. Jewelry h. Florist i. Bicycle shop 2. Personal Service establishments including but not limited to: a. Beauty & barber shops b. Arts & crafts C. Day care center d. Health spa 3. Offices, including but not limited to: a. Medical & dental b. Construction with no outside storage of construction vehicles or materials C. Architects & engineers d. Bank e. Photo studio 4. Woodworking shop in a separate structure. 5. A caretaker unit (grandfathered). 6. The construction office and the caretaker's unit are existing. Any changes to these structures will require that the structures meet any and all building codes that are then in force for Eagle County. Parcel C. A Working ranch including: 1. Ranch house 2. Guest house 3. Barn 4. Greenhouse 5. Nursery 6. Orchard 7. Tree farm 8. Woodlot 9. Sales of raw agricultural products 10. Water diversion structures, ditches, and line structures engineered to convey 15 cubic feet or less of water per second of time and designed to serve fewer than 10 dwelling units for domestic use. KODIAK PARK /PUD CONTROL GUIDE /PAGE 3 11. Greenbelt 12. Park 13. Outfitter and guide 14. Feedlot when such use is incidental and subordinate to a general ranch operation on the property. 4 -H and other similar activities are permitted. 15. Customary accessory uses including but not limited to building for shelter or enclosure of animals or property primarily employed in any of the above uses. Future five single - family residential units plus accessory uses customary to individual residential uses including fences, hedges, gardens, walls and similar landscape features. This use will require a separate preliminary plan application. Parcel D. One single - family residential unit plus accessory uses customary to individual residential uses including fences, garage, hedges, gardens, walks and similar landscape features. Kennel for short- and long -term housing of dogs plus show ring and fencing for dog runs can be up to eight (8) feet in height. Maximum number of dogs shall be thirty (30) at any one time with indoor kennels. Outside dog runs shall be used for the exercising of animals but not boarding of animals. No kennel operations shall be permitted without a valid State of Colorado license and a current, approved inspection certificate, providing such licensing procedures exist. Also, conformance shall be required with any Eagle County regulations addressing kennels or kennel -type operations as may be promulgated. Parcel E. Open Space. To be owned and maintained by the developer. Parcel F. Open Space. To be owned and maintained by the developer. Parcel G. To be dedicated upon due compensation to the State of Colorado as additional right -of -way for Highway 82. Parcel H. To be dedicated to Eagle County as a public road right -of -way. The developer retains the right to alter the location of this right -of -way if an equal KODIAK PARK /PUD CONTROL GUIDE /PAGE 4 or better route can be obtained - subject' to the approval of the Engineer of Eagle County. 3. SPECIAL USES: Parcel A: Nursery and tree farm per Eagle County Special Use Regulations. 4. MINIMUM SETBACKS: As shown on the Preliminary Plan or: Front (Highway 82) 50 feet Froa.t (County Road) 25 feet Side and Rear 20 feet 5. MAXIMUM BUILDING HEIGHTS To mid -point of roof. A. Single - Family Residential 35.0 feet B. Commercial 35.O feet b. ROAD RIGHTS -OF -WAY As shown on the approved preliminary plan. 7. ADDITIONAL STANDARDS: A. All commercial development within this PUD shall comply with the performance standards as established in Sections 2.07.07, 2.07.08 and 2.07.09 of the Eagle County Land Use Codes. B. All commercial signage must comply with the Eagle County Sign Code according to Section 2.11 and additionally as follows: The following shall apply to all commercial identification signs in the Kodiak Park Commercial Area: a. The business center shall be allowed maximum of sixty -four (64) square feet of signage on each side of a free - standing sign. A a KODIAK PARK /PUD CONTROL GUIDE /PAGE 5 b. In addition to the center sign, each allowed a maximum of t signage, except that allowed 30 square feet C. Individual residences identification sign of feet. i 64 square foot business commercial use shall be aenty (20) square feet of the restaurant shall be of signage. may have an individual a miximum two (2) square d. All buildings at time of application for a Y-uil.ding permit shall detail the propo --ed sign as part of their building permit application. e. All definitions, exempt signs, prohibited signs, and illumination shall be governed by the Sign Code of Eagle County. M- W 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. A garden area may be fenced with a 6' high fence. 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. 10. PARKING: A. Single family residential B. Retail and Service Commercial C. Restaurant and tavern 3.0 spaces per unit 1.0 space per 300 sq.ft. including storage areas, common hallways, and public toilet areas 1.0 space per each four (4) seats KODIAK PARK /PUD CONTROL GUIDE /PAGE 6 11. 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. Residential All trash collection areas must be enclosed or in a garage. 12. MECHANICAL EQUIPMENT 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. 13. TEMPORARY USES 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. la. 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. 15. 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 commercial and open space areas. All landscaping within the single family areas shall be the responsibility of the owner. KODIAK PARK /PUD CONTROL GUIDE /PAGE 7 16. POLLUTIO CONTROL There shall be no discharge of toxic or thermally abnormal substances or emitting of smoke, gas, steam, dust, or other particualte matter to a level which would be likely to cause an adverse impact on the environment. No woodburning fireplaces shall be allowed, except those existing prior to filing of this subdivision, only gas fireplaces. 17. DOG CONTROL: Dogs shall not be allowed owners with dogs must have an their property to contain at large and /or not under the Owners shall be deemed a m and impounded. to run at large. All lot approved fenced area within such pet. Any animal running reasonable control of the isiance and may be apprehended