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HomeMy WebLinkAboutR24-001 Approval Marguax Sketch Plan for PUD File No. PDS 009273-2022 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D • Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024- on APPROVAL OF THE MARGAUX SKETCH PLAN FOR PLANNED UNIT DEVELOPMENT Eagle County File No. PDS-009273-2022 WHEREAS, on or about June 30, 2022, the County Eagle,Ea le State of Colorado, accepted for filing an application submitted by Curreri Family Ventures LLC, represented by Ryan Brown (the "Applicant") for approval of the Margaux PUD, a Sketch Plan for Planned Unit Development("PUD Sketch Plan"or"PUD"), File No. PDS-9273-2022 (the "Application"), for a 1.7 acre parcel located in unincorporated Eagle County and legally described in Exhibit A, attached hereto, and identified as: 32415 Highway 6, Edwards area, Assessor's Parcel no. 2015-062-00-004 WHEREAS,with this Application, the Applicant seeks approval to develop two multi- family residential buildings to contain 32 units of rental housing; WHEREAS, in accordance with the Eagle County Land Use Regulations ("ECLUR"), Section 5-210.E -Notice of Public Hearings, notice of the proposed Application was mailed to all owners of property located within and adjacent to the Property and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission(the "Planning Commission") and the Board of County Commissioners of the County of Eagle (the"Board"), and; WHEREAS, at its public hearing held on August 16, 2023, the Planning Commission considered the Application, associated plans, statements and concerns of the Applicant, the Eagle County Community Development Department("Community Development Department"), Eagle County Engineering Department("Engineering Department"), Eagle County Resiliency Department("Resiliency Department") and other interested persons, and based upon its findings, recommended approval with conditions of this Application by a unanimous vote, and; WHEREAS, at its public hearing held on October 10, 2023, the Board considered the Application, associated plans, and the statements and concerns of the Applicant, Community Development Department, Engineering Department, Resiliency Department, and other interested 1 of 16 Eagle County, CO 202400389 Regina O'Brien 01/12/2024 Pgs: 16 10:49:54 AM REC: $0.00 DOC: $0.00 DocuSign Envelope ID:2860FC57-7577-431 D-B691-9A3914D5B55D persons; and the recommendation of the Planning Commission and based on its findings, approved the Application with conditions by a vote of 3-0, and; WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Edwards Area Community Plan(EACP), as well as comments of the Community Development Department, Engineering Department, Resiliency Department, public officials and agencies, the recommendations of the Planning Commission, and comments from all interested parties, the Board finds as follows: 1. THAT,the Application conceptually is consistent with and complies with the standards in ECLUR Section 5-240.F.3.e -Standards, as set forth below:Unified ownership or control. Pursuant to ECLUR Section 5-240.F.3.e(l), the Applicant is the owner of all the land that is part of the Planned Unit Development(PUD). 2. Uses. Pursuant to ECLUR Section 5-240.F.3.e(2), the uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in ECLUR Table 3-300 or Table 3-320 for the zone district designation in effect for the property at the time of the application for PUD. Variation of these use designations may only be authorized pursuant to ECLUR Section 5-240.F.3.f, Variations Authorized. The Residential Suburban Low Density(RSL)zone district allows a Multi-family Dwelling as a Use By Right per Table 3-300 of the ECLUR. Therefore, the use is appropriate and a variation is not required. 3. Dimensional Limitations. Pursuant to ECLUR Section 5-240.F.3.e(3), the dimensional limitations that shall apply to a PUD are those specified in ECLUR Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variation of these dimensional limitations may only be authorized pursuant to ECLUR Section 5-240.F.3.f, Variations Authorized. The related dimensional standards for the RSL zone district included in Table 3-340 do not support the development of a multifamily development as proposed or the vision of the EACP West Edwards Character Area. Therefore, the Applicant has requested variations to the RSL standards as outlined below: RSL Allowance Proposed Allowance Building Height 35' 50' Side Yard Setback The greater of 12.5 feet or half the height of the 12.5' tallest building on the lot Building Lot Coverage 20% 40% 2of16 DocuSign Envelope ID:2860FC57-7577-431 D-B691-9A3914D5B55D Maximum Floor Area 0.20:1 0.40:1 Ratio The Applicant states that the justification for these requests is, "to obtain desired design qualities" and the "provision of affordable housing."Variations are not approved through the PUD Sketch Plan process but are instead considered by the Board during the subsequent Preliminary Plan for PUD (Preliminary Plan)process. At the time of Preliminary Plan,the Applicant will provide more detail regarding the substance of the variation requests and the justification for the requests using the basis allowed per 5- 240.F.3.f. The Board is generally supportive of the requested variations as the variations appear reasonable and are likely required for achieving a multi-family development that fulfills the goals of the EACP. The size and configuration of the lot are such that relief from the dimensional limitations of the RSL zone district are necessary to support multi-family development. Strict implementation of setbacks would force buildings to the interior of the site resulting in an inefficient parking layout. That a significant portion of the site lies within the Eagle River makes complying with the Building Lot Coverage and Maximum Floor Area Ratios of the RSL district very difficult as the portion of the lot in said River is included in the calculations of these ratios. It is more difficult to construct multi-family buildings under a 35' height limit. The Board will consider the requested variations and the rationale for those variations at the time of application for Preliminary Plan for PUD. 4. Off-Street Parking and Loading.Pursuant to ECLUR Section 5-240.F.3.e(4), off- street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a)because of shared parking arrangements, the parking needs of residents, guests and employees of the project will be met; or(b)the actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The Applicant requests a reduction from the parking standards outlined in Article 4, Division 1 of the ECLUR which requires 2 spaces per 1 bedroom unit and 2.5 spaces per 2 bedroom unit. The reduction request includes an allowance for parking to be based on the actual needs and bedroom count and not unit count, providing 40 spaces plus 2 guest spaces, resulting in 1.25 spaces per unit. To facilitate this reduction, the Applicant is proposing a Parking Management Plan that will include the assignment of parking spaces and the charging of fees for that parking. With this management plan in place, the Board is generally supportive of the proposed parking reduction variance. The Applicant has also requested a variance to the parking dimension standards. Based on information presented by the Applicant, the Board is generally supportive 3of16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D of the reduced dimensions. The Board will consider the requested variations and the rationale for those variations at the time of application for Preliminary Plan for PUD. 5. Landscaping. Pursuant to ECLUR Section 5-240.F.3.e(5), landscaping provided in the PUD shall comply with the standards of Article 4, Division 2,Landscaping and Illumination Standards. The Applicant submitted a Conceptual Landscape Plan meeting the requirements of ECLUR 4-220.B. This plan illustrates the overall intent of the Application regarding the landscaping of the highway frontage, parking lots, and common areas/open space, including that along the river. The landscape plan depicts groundcover and required plantings including-building separation required for fire mitigation. The Applicant notes that the proposed landscape design is to "blend in with the built environment, delineate public path and access to the river, and buffer the impact of surrounding uses on residents of the project."Additionally, a proposed plant list is included. At the time of Preliminary Plan, a more detailed landscape plan will be reviewed. Additionally, the landscape adjacent to the Eagle River will be evaluated through a Riparian Area Management Plan(RAMP). The RAMP will address riparian vegetation management and its impact on shading of the Eagle River. The PUD Guide for the Margaux PUD (the"PUD Guide") states that, "Building and site lighting shall utilize downcast full shielded fixtures and will meet all ECLUR illumination standards." Proposed lighting will be evaluated further at the time of Preliminary Plan. 6. Signs. Pursuant to ECLUR Section 5-240.F.3.e(6), the sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations,unless the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. The Application states that, "[T]he project does not propose new signage other than typical residential monument and address signage. All signage will comply with ECLUR standards." Signage will be evaluated further at the time of Preliminary Plan or at the time of application for a sign permit. 7. Adequate Facilities. Pursuant to ECLUR Section 5-240.F.3.e(7), the Applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for portable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. The Application demonstrates that the proposed development will be provided adequate facilities as discussed below. Water and Wastewater Service: The Property is located within the service territory of the Upper Eagle Regional Water Authority and the Eagle River Water and Sanitation 4 of 16 DocuSign Envelope ID:2860FC57-7577-431 D-B691-9A3914D5B55D District(the "District"). A letter from the District dated June 27, 2022 indicates that it is possible for the District to provide water and sewage disposal service to the Property, subject to completion of the District's development approval and infrastructure acceptance processes. The adequate provision of water and sanitary sewer service will be further evaluated at the time of application for Preliminary Plan, Zone Change, and 1041 Permit. Fire Protection: Fire protection for the site is provided by the Eagle River Fire Protection District(the "ERFPD"). The Applicant indicates that the ERFPD has "...reviewed and approved the site drive aisle layout, widths and radii and approved them for compliance with the firefighting apparatus that will be serving the site. The ERPFD has also approved the two fire hydrant locations proposed for the project." Trash: A trash enclosure, adequately sized to serve the Margaux PUD, is shown on the site plan. Electrical Supply: The Application indicates that the development will be served with adequate electrical service by Holy Cross Electric. Roads: The existing site access is to be abandoned and replaced with a new single access point. The existing ECO Trail along Highway 6 will be removed and replaced. Because there are plans for the construction of a roundabout at some point in the future adjacent to the site along Highway 6, the proposed site design is arranged to accommodate the roundabout if it is ever constructed. A trip generation letter included with the Application indicates that the site is expected to generate 12 AM peak hour trips, 12 PM peak hour trips and 146 daily trips. A CDOT Access Permit will be required prior to Final Plat approval. 8. Improvements. Pursuant to Section 5-240.F.3.e(8), the improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards, however, the development may deviate from the County's road standards so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts when the following minimum design principles are followed: (a) safe, efficient access; (b) internal pathways form a logical, safe, and convenient system for pedestrian access with appropriate linkages off-site; (c)roadways permit access by emergency vehicles and utility vehicles; (d)principal access points shall be designed to provide smooth traffic flow; and(e) adequate areas shall be provided to store snow. The Application demonstrates that the proposed development will meet applicable improvement standards as discussed below. Roadway Standards: The Margaux PUD does not include any proposed public roads. Internal vehicular circulation meets required standards as outlined in ECLUR 4-420. Specific details are addressed below. S of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D Safe Efficient Access: The Margaux PUD has a single vehicular access point off of Highway 6. The access point will be reviewed and approved by the Colorado Department of Transportation as part of the required access permit. Internal Pathways: Pedestrian pathways are provided to link the sidewalk and the ECO Trail along Highway 6 with the residential buildings. They are located and designed to be a logical, safe, and convenient system. Emergency Vehicles: The Applicant has indicated that on-site circulation has been reviewed by the ERFPD and has been found to be acceptable. Principal Access Points: There is a single principal access point for the Margaux PUD off of Highway 6. The individual buildings do not have their own access points. The access point will be reviewed and approved by the Colorado Department of Transportation as part of the required access permit. Snow Storage: The proposed site plan offers adequate and sufficient snow storage capability. Detailed review of snow storage will occur with the application for Preliminary Plan for PUD. Sidewalk and Trail Standards: With the construction of a new access point,the existing ECO Trail along the Highway 6 frontage of the Property will be reconstructed. Staff will review the forthcoming design to ensure that it maintains compliance with ECLUR Section 4-630 Sidewalk and Trail Standards. Irrigation Standards: ECLUR Section 4-640 Irrigation System Standards will be reviewed at Preliminary Plan. The landscape plan addresses irrigation in a manner that is appropriate for a PUD Sketch Plan. Drainage Standards: Regarding ECLUR Section 4-650,Drainage Standards, the Application provides a PUD Sketch Plan Drainage Plan that identifies general information related to drainage direction, conveyance methods, and treatment methods. This level of detail is appropriate for consideration of the PUD Sketch Plan and a detailed study demonstrating conformance with ECLUR Section 4-650 will be required at Preliminary Plan submittal. The Application proposes stormwater detention and treatment within the 75-foot stream setback. These improvements within the setback require a variation to dimensional limitations which the Board will consider at Preliminary Plan. Excavation and Grading Standards and Erosion Control Standards: ECLUR Section 4-660,Excavation and Grading Standards and 4-665,Erosion Control Standards, will be reviewed at Preliminary Plan. 6of16 DocuSign Envelope ID:2860FC57-7577-431 D-B691-9A3914D5B55D Utility and Lighting Standards: ECLUR Section 4-670, Utility and Lighting Standards, will be reviewed at Preliminary Plan. The PUD Guide states that, "Building and site lighting shall utilize downcast full shielded fixtures and will meet all ECLUR illumination standards." Water Supply and Wastewater Supply Standards: The District indicates that it is possible for the District to provide water and sewage disposal service to the Property, subject to completion of the District's development approval and infrastructure acceptance processes. The adequate provision of water and sanitary sewer service will be further evaluated at the time of Preliminary Plan, Zone Change, and 1041 Permit. 9. Compatibility with Surrounding Land Uses. Pursuant to ECLUR Section 5- 240.F.3.e(9), the PUD shall be generally compatible with the existing and currently permissible future uses of the adjacent land and other lands, services or infrastructure improvements that may be substantially impacted. Existing and permissible future adjacent uses are detailed below. North: The Eagle River lies to the north of the site. Directly across the Eagle River lies open space associated with the Cordillera Valley Club PUD. The Margaux PUD proposes an open space amenity directly adjacent to the River. This open space is generally compatible with said River. The Applicant will be required to prepare a RAMP as part of the Preliminary Plan submittal. East: Property to the east is similarly zoned RSL and contains a personal services shop, but is mostly vacant. It is likely that this site will redevelop and based on guidance from the EACP there is potential that it will also be proposed for multi- family development which would be compatible with the proposed Margaux PUD. South: Highway 6 forms the southern boundary of the property. Beyond that is a commercial and residential area that is part of the Fox Hollow PUD which includes multi-family housing compatible with the proposed Margaux PUD. West: To the west is a maintenance company storage yard that is also zoned RSL. This property may remain in the current commercial use or may at some point be redeveloped. The Margaux PUD design is such that the only building elevation directly adjacent to the western property boundary is the short end of one building. This will help limit any potential incompatibility with the commercial use to the west. The Application, as proposed, is generally compatible with existing and currently permissible future uses of adjacent land, and other lands, services or infrastructure improvements. 10. Conformance with Comprehensive Plan. Pursuant to ECLUR Section 5- 7 of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D 240.F.3.e(10), the PUD shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. The Margaux PUD is in substantial conformance with applicable ancillary adopted documents, the Eagle County Comprehensive Plan and the EACP, pertaining to natural resource protection, affordable housing, or infrastructure management. The Property lies within the EACP West Edwards Character Area. The Application is in substantial conformance with Eagle County Comprehensive Plan Policies and Goals regarding General Development, Growth, Development, Housing, Unlimited Housing Demands, Development Stakes, Infrastructure & Services, Efficient Transportation, Emergency and Community Services, Water Resources, Water Quantity, Water Quality, River and Riparian Habitat, Wildlife Resources, Development Impacts, Habitat Protection at the Site Scale, Sensitive Lands, Lands with Natural Hazards, and Environmental Quality. The Property is generally located within the EACP. As stated therein, the Vision for Edwards is, "[A] modern urbanized place in a rural setting, Edwards exemplifies thoughtful planning, efficient design and healthy lifestyles."The Margaux PUD supports the General Planning Objectives for the Edwards area. The Margaux PUD proposes higher density in the suggested location. As part of the development, the Margaux PUD proposes a park/amenity space adjacent to the Eagle River. Multi- family development is generally service and resource efficient. While it is adjacent to the Eagle River, the improvements related to the Margaux PUD, exclusive of site amenities and stormwater infrastructure, are located outside of the floodplain. The landscape plan proposed as part of the Margaux PUD buffers the site from surrounding uses and appropriately treats the previously disturbed natural area of the Eagle River. The landscape plan will be further evaluated during the Preliminary Plan process. The property is located within the West Edwards Character Area of the EACP. From the Plan, "[T]his is an area where considerable development can occur. It is also an area where a change to the existing character is desired. Much development already exists, and overcoming negative "character influences"already in place will be a challenge. Higher densities and intensities of use may be appropriate, although additional traffic on US Highway 6 from new development is a concern. There are locations where new workforce housing units would be appropriate. New commercial uses should be limited to those that directly benefit West Edwards residents. Landscaping, additional parks and playfields, better lighting, additional connecting trails, the elimination of nonconforming uses, the introduction of attractive architecture and the reestablishment of riparian vegetation along the river are all items that could serve to improve the character of lands adjacent to US Highway 6 in West Edwards. There are important wildlife movement corridors which should be 8of16 DocuSign Envelope ID:2860FC57-7577-431 D-B691-9A3914D5B55D protected in the West Edwards area. "The Margaux PUD will represent a change in use on this site. The general thrust of the West Edwards Character Area is that much of the property in the area, particularly along the Highway 6 corridor, is underutilized and should be redeveloped with higher intensity uses, especially residential. The new development will result in an improved site condition and will contain improved amenities for the use of its residents. The Margaux PUD Property is designated as Neighborhood Residential by the EACP Future Land Use Map. The Margaux PUD is in compliance with the Intent of the Neighborhood Residential land use designation as it incorporates the required elements of the new residential development intent including: compact efficient design, safe and efficient access adequate utilities and public services, will provide workforce housing, and quality architecture and landscaping. The Margaux PUD is in compliance with the Character of the Neighborhood Residential land use designation as it supports the development of a variety of neighborhood environments by providing multi-family units. The Margaux PUD is in compliance with the Land Uses of the Neighborhood Residential land use designation by including residential, recreation, and open space uses. The PUD proposes multi-family units intended for resident occupancy only, helping to support a balance of available units that meet Eagle County needs. From the Margaux PUD document, "[O]ne hundred percent(100%) of the 32 dwelling units proposed in the Margaux PUD will be deed restricted by a perpetual Resident Occupied("RO") Rental deed restriction and may only be rented to Eligible Households, as defined in the Eagle County Affordable Housing Guidelines Administrative Procedures. The affordable housing proposal will be further reviewed at application for Preliminary Plan. 11. Phasing. Pursuant to Section 5-240.F.3.e(11), the Preliminary Plan for PUD shall include a phasing plan for the development. The Margaux PUD is intended to be constructed in a single phase adequately establishing public improvements and amenities for all residents. 12. Common Recreation and Open Space. Pursuant to ECLUR Section 5- 240.F.3.e(12), the PUD shall comply with the following common recreation and open space standards: (a) it is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space,public or quasi- public. In addition, the PUD shall provide a minimum of ten(10) acres of common recreation and usable open space lands for every one thousand(1,000)persons who are residents of the PUD; the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. The Property totals 74,923 total square feet(1.72 acres). Of this, about 23% of the site is occupied by the Eagle River. Of the portion of the site 9 of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D that is not located in the River(57,691 square feet), approximately 31,738 square feet are landscaped, which is approximately 54%of the site outside the River. These landscaped areas meet the definition in the ECLUR of OPEN SPACE,USEABLE. Therefore, the Margaux PUD meets the 25%recommendation. The ECLUR also states that PUDs shall provide a minimum of ten(10) acres of common recreation and usable open space lands for every one thousand(1,000) persons who are residents of the PUD, assuming a population 2.63 people per unit. Therefore the 32 dwelling units will generate a total of 84.16 persons requiring 36,660 square feet of open space. The landscaping area outside of the river is less than the required 36,660 square feet so the Applicant has requested a variation to this standard. Though, it should be noted that the definition of Open Space allows for areas within water bodies to count towards the requirement and therefore this variation request can be thought of as being conservative, and may not be necessary. The need for a variance to this standard will be evaluated further at the time of application for Preliminary Plan. However,the Board is generally supportive of a variation to this standard as this requirement is incompatible with multi-family development. 13. Natural Resource Protection. Pursuant to ECLUR Section 5-240.F.3.e(13), the PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Article 4-4 of the ECLUR outlines recommendations and requirements for wildlife protection, geologic hazards,hillside development,wildfire hazards,wood burning controls,ridgeline protection, and environmental impact reports. An Environmental Impact Report(the"EIR")was provided as part of the application materials. Below is a comprehensive discussion of wetlands,wildlife protection, geologic hazards, wildfire hazards and wood burning controls, and a discussion of key issues identified in the EIR. Wetlands -The limits of the wetlands delineated on the PUD Property are depicted on the plan sheets contained in the Application. The landscape plan indicates that there will be a crusher fines recreation path and plantings within the delineated wetlands. However, section N of the EIR states, "No site improvements are proposed within the wetland area; therefore,the development of the proposed project is not anticipated to result in impacts to the wetland resource." This inconsistency will be addressed by the Applicant with the Preliminary Plan. Because the wetlands area constitutes a portion of the open space amenity on the site, it can be expected that residents will utilize this space. The Applicant has stated that the goal of the landscape treatment is to limit the disturbed area by concentrating human activities. In order to mitigate the anticipated impacts of the development on the riparian area,the Applicant will be required to submit a RAMP with the Preliminary Plan. This plan will address in more detail the protection and management of the wetlands and riparian areas within the site. 10 of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D Water quality-Water quality is protected primarily through the implementation of stream setbacks including both distance and a limitation on uses as well as with water quality features associated with stormwater management. The Applicant has requested a variation to the stream setback dimensional limitation requirements in the ECLUR to allow for Building B overhang/roof encroachments, grading and drainage improvements including a detention pond and landscaping improvements within the 75' stream setback. The Applicant is not requesting a reduction in the width of the stream setback. The Board will consider the requested variation and the rationale for that variation at the time of application for Preliminary Plan. The Applicant will be required to submit, as part of the site plan, more information regarding what will be placed within the stream setback as part of this requested variation. It has been determined that these concerns can be addressed at the time of Preliminary Plan through the RAMP. The treatment of the stream setback and retention facility will be reviewed in more detail at the time of Preliminary Plan and likely addressed through the RAMP. Vegetation-The vegetation community on the site can be segmented into Upland and Riparian areas. Building and parking construction on the site will take place over the Upland vegetation community. The EIR submitted with the application indicated that there are no federally protected plant species on the site. The EIR also states that, "[T]he riparian vegetation is in good condition and includes dense willow cover". The comments from the Eagle River Watershed Council indicate that opportunities to increase the amount of shade present on the River should be pursued. Staff will review the landscape plan at the time of Preliminary Plan to assess impacts on the riparian vegetation area. Wildlife -The EIR notes that the area of the Margaux PUD is already heavily disturbed and features high levels of human activity and that there is no endangered species habitat. Wildlife impacts as a result of the proposed development will likely come from habitat loss, interference with movement patterns, and disturbance from increased human activity. In response to this and in order to mitigate impacts to wildlife, the PUD Guide has implemented a number of best management practices suggested by Colorado Parks and Wildlife (CPW). Wildfire Hazard-The overall wildfire hazard rating for this property is MODERATE. This rating is based on fuel types present, topography, slope, access, water supply, and existing and proposed improvements. There will be a number of requirements that future construction upon the site will be required to comply with, which will be evaluated at the time of building permit. Geologic Hazard -The Project Engineer Memo submitted as part of the Application states, "[E]rosion control will be established prior to construction to mitigate the 11 of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D potential for soil exposure and siltation of the Eagle River. The erosion control BMPs will comply with section 4-665, Erosion Control Standards of the ECLUR." In order to evaluate erosion during the occupancy period, at the time of Preliminary Plan, the Applicant shall submit an evaluation of the erosion potential and potential mitigation measures. It is noted that the risk of ground subsidence on this site is low but there is potential for the formation of sinkholes. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT subject to the conditions set forth below, the Application for the Margaux PUD (Eagle County File No. PDS-9273-2022), and as subsequently amended and revised, it is hereby approved for 1.7 acres described in Exhibit A; and THAT,this Resolution shall serve as an agreement binding the Margaux PUD Sketch Plan to the following conditions: 1. The Applicant shall include in any Preliminary Plan for PUD a Riparian Area Management Plan that will provide details related to the uses proposed within the riparian area of the PUD Property; vegetation to be installed in the riparian area; area and vegetation maintenance; a detailed plan for monitoring, minimizing and mitigating adverse impacts to the Eagle River anticipated to be caused by the development; process for enforcement when monitoring plan criteria are not met, or thresholds are exceeded or restrictions are violated; as well as any additional information necessary to evaluate the Project's adverse environmental impacts within Planning Area-B. Topics to be addressed in the Riparian Area Management Plan include,but are not limited to: o Allowances and limitations on scope and extent of proposed uses o Management to mitigate impacts such as compaction, pet waste, de-vegetation, sedimentation, water quality, and wildlife conflicts o Strategies including limitations on area and number of amenities, vegetation management, access management o The comments from the Eagle River Watershed Council contained in their referral letter dated April 6, 2023 including but not limited to: riparian vegetation management and its impact on shading of the Eagle River. o The design and maintenance of stormwater facilities located within the stream setback. o Notwithstanding the foregoing, Eagle County retains final decision-making authority. 2. The Applicant shall include in any Preliminary Plan for PUD application, revised architectural elevations that provide increased architectural interest on those building facades facing the parking lot and adjacent properties. Elements that increase architectural interest can include, but not be limited to, widows, breaks in the facade plane, material changes, dormers, parapets, or artistic embellishment. 12 of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D 3. The Applicant shall include in any Preliminary Plan for PUD application an wetland delineation map as needed depicting the wetlands adjacent to the Eagle River and address the inconsistency between the landscape plan and EIR related to improvements within the wetlands. 4. The Applicant shall include in any Preliminary Plan for PUD application an updated site diagram showing the location of the following to allow their location to be evaluated by staff, the Commission, and the Board: outdoor play or exercise equipment, gravel path, resident seating and picnic areas, and seasonal gas fire pits or bbq grills. Additionally, resident seating and picnic areas, and seasonal gas fire pits or bbq grills are not allowable uses within the stream setback per the ECLUR 3-340.C.6,therefore these uses must be added to the variation table within the Application if the Applicant intends to pursue these uses. 5. The Applicant shall include in any Preliminary Plan for PUD application the following wildlife related best management practices or evaluate the rationale for not including them: o CPW's wildlife friendly fencing principles could be implemented wherever practicable, particularly along the riparian corridor to allow for wildlife movement. o Adhere to Eagle County Ordinance 07-001 to ensure waste and waste infrastructure is managed appropriately to reduce human-bear conflict. o Avoid any planting of fruit bearing trees or shrubs to help reduce potential for human bear conflict, and avoid landscaping that provides hiding places for wildlife such as coyotes and mountain lions. o Avoid disturbing riparian vegetation, and restore riparian vegetation where possible. o Addressing the following topics per staff comments related to BMPs outlined in the Environmental Impact Report submitted by the Applicant for avoidance or minimization of impacts to wildlife. • Reclamation and landscaping; • Limits of barriers to wildlife movement; • Enforcement; • Planting more deer-hardy plant materials to resist damage by deer and elk to landscape material 6. The Applicant shall include in any Preliminary Plan for PUD application an evaluation of appropriate erosion control measures between the buildings, flood zone, and wetland delineation, to reduce hazards associated with rising floodwaters, erosion and - erosion-related slope instability, and sediment loading. These measures should be determined based on site-specific analysis, topography, and soil erosion properties and noted in the plans. The Applicant may address these issues as part of the required Riparian Area Management Plan. 13 of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D 7. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. THAT,the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety, and welfare of the citizens of Eagle County. The rest of this page intentionally left blank 14 of 16 DocuSign Envelope ID:2860FC57-7577-431D-B691-9A3914D5B55D MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 9th day of January, 2024, nunc pro tunc to the 10th day of October, 2023. c— DocuSigned by: Qy� COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its �aoaA00 BOARD OF COUNTY COMMISSIONERS \ ATTEST: DocuSi ned by: 9 DocuSigned by: '^A �1�'"t'"' B : d -tom r0D62F216806140... y OOA0ti1 I-tesa44us... Clerk to the Board Kathy Chandler-Henry County Commissioners Chair rnADowcuSigned by: 01E7020710E0473.. Matt Scherr Commissioner ,—DocuSigned by: �(,A4 L8 AA4/A... Jeanne McQueeney Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Aye . Commissioner Scherr Aye Commissioner McQueeney Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • 15 of 16 DocuSign Envelope ID:2860FC57-7577-431 D-B691-9A3914D5B55D Exhibit A-Legal Description A TRACT OF LAND DESIGNATED THE BONAN TRACT IN THE COUNTY OF EAGLE AND STATE OF COLORADO, BEING A PART OF LOT 4, SECTION 6, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 1, A POINT ON THE NORTH LINE OF SECTION 6, T5S, R8NW, 6TH P.M., WHENCE THE NORTHEAST CORNER OF SAID SECTION BEARS WEST 948.20 FEET DISTANT; THIS CORNER FALLS IN THE EAGLE RIVER WHERE A PERMANENT MONUMENT CANNOT BE ESTABLISHED,WITNESS CORNER NO. 1 SET AT THE HIGH WATER LINE ON THE SOUTHERLY BANK OF THE EAGLE RIVER BEARS SOUTH 105.20 FEET DISTANT; THENCE SOUTH 265.09 FEET TO CORNER NO. 3, A MONUMENT SET ON THE NORTHERLY RIGHT OF WAY FENCE LINE OF THE U.S. HIGHWAY NO. 6 AND 24 AS IT NOW EXISTS; THENCE N. 69 DEGREES 23' 10" W. 213.68 FEET ALONG SAID RIGHT OF WAY FENCE LINE AS IT NOW EXISTS THENCE N. 231.72 FEET TO THE WITNESS CORNER FOR CORNER NO. 1; THENCE N. 105.20 FEET TO CORNER NO. 1; THENCE NORTH 105.20 FEET TO CORNER NO. 1, THE PLACE OF BEGINNING. 16 of 16