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HomeMy WebLinkAboutR94-082 PUD for Berry Creek Filing 5Commissioner .-i!_7c6 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94- K APPROVAL OF THE PLANNED UNIT DEVELOPMENT, AMENDED SKETCH PLAN, FOR BERRY CREEK FILING 5, EAGLE VALLEY REGIONAL PARK Cy s� :a FILE NO. PD- 108 -93 -A WHEREAS, on or about July 1, 1993, the County of Eagle, State of Colorado, accepted for filing an application submitted by Eagle County Recreation Authority (he.�re.i.ra:after "Applicant ") for approval of the Planned Unit, Develqptrierit. Amended. Sketch Plan for Berry Creek Filing 5, Eagle Valley Regional Park, File No. PD- 108 -93 -5; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as generally depicted on the Sketch Plan, Eagle Valley Regional Park, Edwards Colorado, prepared by Peter Jamar Associates, Inc. dated June 25, 1993 and revised August 25, December 6, and January 10, 1994, and as further restricted by the conditions imposed herein; 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 hearing held February 2, 1994, the Planning Commission, based upon its findings, recommended approval of the proposed PUD Sketch Plan, with certain conditions; and, WHEREAS, at its regular hearing of February 15, 1994, 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: 538912 B -642 P -865 06/15/94 01:11P PG 1 OF 4 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 1. The proposed Sketch Plan, as modified herein, is in conformance with the Master Plan; the Open Space Plan and the Edwards Sub -Area 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. a full range of public services can be provided. b. to have a significant economic determinant to the Edwards Area and to the County generally. C. to have minimized any negative effects on the social and natural environment by reducing the total units to 91 and locating the proposed housing component to minimize visual intrusion and maximize open space. 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 the proposed development and /or subdivision based on the revisions approved herein. 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 and will be further defined at Preliminary Plan and through the CDOT Access Permit. 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 /recreational development within the proposed PUD is justified. 2 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 Eagle Valley Regional Park be and is hereby granted, subject to compliance with the following conditions: 1. Restrict residential development to no more than 91 dwelling units; 2. The Preliminary Plan shall consider visual quality as a limiting planning parameter for site development and building location; 3. A dog control program shall be included with the Preliminary Plan; and, 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. 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. 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, S ate of Colorado, at its regular meeting held the / day of Fn 1994; nunc pro tunc February 15, 1994. V Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette PhillipsG Commissioner James E. Johnson Jr. Commissioner George A. Gates 9 This Resolution passed by // ,41-iy/9iZ1V%12 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 0 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST BOARD OF COUNTY COMMISSIONERS " Cf B Qt! r . By: Q t/�' ` ,7, Clerk to the'Board of ohnnette Phillips, Chairman County Commissioners 0 B <C iai G � �� z d eorgeA- Gates, Commissioner r, By: James E. Johnson, Jr., Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette PhillipsG Commissioner James E. Johnson Jr. Commissioner George A. Gates 9 This Resolution passed by // ,41-iy/9iZ1V%12 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 0