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HomeMy WebLinkAboutR83-081 zone change for Blue Lake2 70`' SOOK t t PAGE9 Q JOLT, . RESOLUTION OF THE DtC 0 53 PH $03 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83- efl IN RE THE MATTER OF THE APPLICATION OF BLUE LAKE DEVELOPMENT CO. /ALAN A. STOREY FOR A ZONE CHANGE FROM RESOURCE TO PLANNED UNIT DEVELOPMENT AND P.U.D. PRELIMINARY PLAN APPROVAL RELATIVE TO THE BLUE LAKE PLANNED UNIT DEVELOPMENT, FILE NOS. ZC- 183 -83 AND PD- 207 -83 -P - FINDINGS AND ORDER PROCEEDINGS On or about May 10, 1983, Blue Lake Development Co. /Alan A. Storey ( "Applicant ") submitted to the County of Eagle, State of Colorado, an application requesting a zone change from Resource to Planned Unit Development and Preliminary Plan approval of a Planned Unit Development ( "P.U.D. ") relative to the Blue Lake Planned Unit Development, File Nos. ZC- 183 -83 and PD- 207 -83 -P ( "proposed development" or "Blue Lake "), in accordance with Section 2.06.13 of the Zoning Resolution of Eagle County, Colorado, 1979, as amended, and Section 2.18 of the Subdivision Regulations of Eagle County, Colorado, 1972, as amended, as the same are set forth and incorporated in Chapter II of the Eagle County Land Use Regulations, 1982, as amended ( "L.U.R. "). The proposed development is on an approximate 276.93 acre parcel of land generally located north of State Highway No. 82 near the Garfield -Eagle County line in Sections 33 and 34, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Eagle, Colorado, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. The Applicant proposed a phased development of Blue Lake consisting of an estimated 130 residential single a uv family /mobile home units and 84 residential multi - family dwelling units in phase one; 89 residential single family /mobile home units and 84 residential multi - family dwelling units in phase two; 66 residential duplex dwelling units and 38 residential single family units in phase three; a 1 -1/2 acre commercial parcel; and open space areas for a future school site and recreational purposes. The Eagle County Planning Commission considered the Applicant's request for zone change and P.U.D. preliminary plan approval at its regular meetings of June 15 and July 6, respectively, 1983, and at the conclusion thereof, recommended approval. The Applicant's zone change and P.U.D. preliminary plan approval request was subsequently scheduled for public hearing before the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") on July 13, 1983. At the conclusion of the hearihng, the Board tabled its consideration of the subject application to its regular meeting of August 10, 1983, in order to further study and investigate the appropriateness and availability of providing satisfactory secondary access to the proposed development; possible measures to mitigate any adverse impacts of the adjacent gravel operation on residential uses within Blue Lake; the need for affordable housing and, if warranted, the mechanism for ensuring the same; the inclusion of the proposed development within a fire protection district; and the adverse impacts, if any, the proposed development would have on the local school and transportation systems. In addition, the Board determined to schedule a public meeting in the E1 Jebel- Basalt area to informally discuss the proposed development, which meeting was held August 4, 1983, at the Basalt Town Office. On August 10, 1983, the Board considered additional information submitted by the Applicant and the Eagle County -2- Department of Community Development which specifically addressed the issues previously raised by the Board. In addition, the Eagle County Department of Community Development forwarded to the Board its final recommendation of approval of the proposed development conditioned upon the following revisions: 1. The Preliminary Plan and P.U.D. zoning be only for the mobile home area, which includes 219 units, and the open space areas proposed as a future school site and the Southwest corner lowlands. 2. Additional restrictions need to be developed to include: initial sales price on lots and houses to be offered by the developer; controlled resales on these lots and homes for a 3 year period; and initial occupants need to be owners except that employers in the Aspen /Basalt /El Jebel /Carbondale area will be allowed to purchase up to 5 units to be rented to their employees - (These restrictions should be finalized at Final Plat). 3. The phasing plan for the mobile home area should remain in effect, with 130 units in Phase I and 89 units in Phase II. Phase I needs to be 66% built and occupied before any work on Phase II can be commenced. 4. The access through Mr. Crawford's land should be pursued, even if it involved Eagle County's use of its condemnation powers. This access is key to the E1 Jebel street system and should be the primary access into the property. The developer will have to pay for all condemnation costs, if that alternative is used. The developer should also work with the County Engineer to determine intersection design and off -site road improvements on El Jebel Road, if required. 5. The commercial tract should remain in Phase II of the development. -3- l � 3 6. At Final Plat, finalized construction details including a time specific schedule on water and sewer installation and necessary guarantees to know when and how these utilities will be provided. Water and sewer should be stubbed out to each lot. 7. At Final Plat, there needs to be more specific information on what type of trailers will be allowed in the project and what type will not. We would like this to be simple and clearly defined. 8. At Final Plat, additional information on landscaping requirements for individual lots. Notice of the public hearings before the Eagle County Planning Commission and the Board was duly published as provided by law, and mailed to adjacent property owners. In addition to the evidence summarized hereinabove, the Board, during the public hearing process, further received oral evidence in the form of unsworn testimony and informational statements, and written evidence in the form of letters, statements, comments, recommendations, reports, studies, petitions, and other documentation. Such evidence was submitted by the Applicant; County planning staff members; various groups and governmental entities; and members of the general public including residents of surrounding communities, adjacent property owners, ranchers, businessmen, professionals, developers, and environmentalists. The evidence was weighed accordingly based upon the probative value place thereon by the Board, and the following findings are based on the record as a whole. References to the record are for convenience only and do not necessarily compile all portions of the record on which the findings are based. IE41 FINDINGS Based upon the evidence received during the public hearing process, the Boardy hereby finds, determines and declares: 1. That with the imposition of the conditions set forth hereinbelow, the Applicant has demonstrated a present community need for affordable housing as proposed by the Applicant in those portions of Phase One and Phase Two of the proposed development designated for residential single family /mobile home units, in accordance and consistent with Section 2.14.04 of the L.U.R. and the Eagle County Master Plan, 1980, as amended. 2. That the Applicant has not demonstrated a present community need for the other residential and commercial uses proposed on the remaining land included with the Blue Lake development. 3. That the proposed development as submitted by the Applicant envisions one comprehensive and integral development plan with the various phases therein being interrelated. As such, the proposed development should only be considered in its entirety and not in a piecemeal fashion. 4. That taking into consideration the proposed development as a whole, and the overriding need for affordable housing, the Board deems it necessary and warranted to approve the requested zone change and P.U.D. preliminary plan for those portions of the proposed development designated for residential single family /mobile home units; and consistent with Paragraph 2 hereinabove, to approve a zone change from Resource to P.U.D. for the remaining land within the proposed development, the land uses of which will presently be designated in general terms -5- as set forth hereinbelow, and which will be subject to a more specific land use designation by the Board at such future time the Applicant can demonstrate a community need therefor. ORDER NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the testimony and evidence presented at the public hearing, and the Findings of the Board of County Commissioners relative thereto as set forth in this Resolution, the Board hereby approves the application of the Blue Lake Development Co. /Alan A. Storey for a zone change from Resource to Planned Unit Development and Preliminary Plan approval of a Planned Unit Development relative to the Blue Lake Planned Unit Development, File Nos. ZC- 183 -83 and PD- 207 -83 -P, as follows: 1. For Phase One and Phase Two of the proposed development as specifically identified in Exhibit "B" attached hereto and incorporated herein by this reference, the Board approves the requested zone change and P.U.D. preliminary plan for 219 residential single family /mobile home units, and open space and recreational purposes as proposed by the Applicant in its application and the subsequent statements made and evidence presented on its behalf during the public hearing process; subject, however, to the conditions set forth hereinbelow. 2. For the remaining land within the proposed development identified in Exhibit "B" as Phase Three, the Board approves a zone change from Resource to P.U.D. with general land use classifications designated thereon as commercial for the 1 -1/2 acre parcel requested by the Applicant for commercial purposes, and residential for the remaining land within Phase Three. Phase Three shall not be IFi� further developed until such time the Applicant proves to the satisfaction of the Board at a public hearing that the requested development is necessary in order to provide land for a demonstrated community need, and is otherwise in conformance with the requirements of Section 2.14.04 of the Eagle County Land Use Regulations, 1982, as amended. The Board specifically reserves the right to consider the proposed future development of Phase Three based upon the evidence presented at such public hearing and, if approved, to designate specific densities and uses consistent with the general land use classifications identified herein, and further, to impose any reasonable conditions upon the development of the same as deemed appropriate by the Board in accordance with the P.U.D. preliminary plan criteria set forth in Section 2.06.13 of the Eagle County Land Use Regulations, 1982, as amended. THAT, the Board hereby imposes the following conditions on its preliminary plan approval of Phase One and Phase Two of the Blue Lake Planned Unit Development, which conditions shall be fully complied with to the satisfaction of the Board prior to final plat approval thereof: 1. The Applicant shall submit additional written restrictions to ensure the future availability of affordable housing within Phase One and Phase Two of the proposed development. For those lots and dwelling units to be offered by the Applicant, such written restrictions shall address, by way of example only, the initial sales price; the method for controlling the resale price for a three year period; and provision for restricting occupancy thereof to the record property owner with the exception that employers in the Aspen /Basalt /E1 Jebel /Carbondale area may purchase a maximum of five dwelling units for rental to their employees. -7- j 4w� 2. The Applicant shall provide detailed final construction drawings, plans and specifications regarding the installation of the proposed water and sewer improvements for Phase One and Phase Two of the proposed development. Such detailed final construction drawings, plans and specifications shall include, by way of example only, a specific time schedule for the completion of such utility improvements; necessary guarantees identifying the person or entity responsible for such utility improvements and ensuring that the same is completed in accordance with the specified time schedule; and provision for the stub out of such utility improvements to each individual lot within Phase One and Phase Two of the proposed development prior to the paving of proposed roads which will be adversely impacted thereby. 3. The Applicant shall submit additional information identifying with specificity the type(s) of mobile home or trailer which will be permitted on the lots within Phase One and Phase Two of the proposed development. 4. The Applicant shall submit additional detailed information outlining the landscaping requirements to be imposed on the individual lots within Phase One and Phase Two of the proposed development. THAT, the Board further imposes the following restrictions on the development of Phase One and Phase Two of the Blue Lake Planned Unit Development, which restrictions shall be continuing in nature, and remain in effect subsequent to final plat approval unless formally revised or modified by the Board: 1. The phasing plan for development of Phase One and Phase Two of the proposed development shall be as agreed to M n; by the Applicant during the preliminary plan process. In this respect, 66% of Phase One, or a minimum of 87 units, shall be constructed and occupancy permits issued prior to final plat approval of Phase Two. 2. The Applicant shall diligently pursue the acquisition of sufficient access through adjacent land presently owned by Mr. Floyd Crawford for use as primary access to the proposed development and for the purpose of providing an integrated and interconnecting roadway system with the E1 Jebel area. In the event the Applicant's efforts are to no avail, the Board shall assist in the condemnation of the same. In conjunction with the acquisition of the foregoing access, the Applicant and the Eagle County Engineer shall jointly determine intersection design and other off -site road improvements, including striping and paving, as deemed necessary to mitigate the adverse impacts, if any, the proposed development will have on the E1 Jebel Road. Costs associated with the acquisition, including condemnation, of the aforementioned access and such off -site road improvements to E1 Jebel Road shall be solely borne by the Applicant, or pursuant to a cost sharing program between the Board and the Applicant as the Board deems reasonable and warranted taking into consideration the interests of the general public to be served thereby. THAT, all provisions of the subject application, as subsequently modified by the Applicant during the preliminary plan process, which are not inconsistent with this Resolution are hereby incorporated herein by this reference as if fully set forth at length. THAT, this Resolution is necessary to preserve the public welfare, health and safety. .® d { i MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the �5'z�day of November, 1983, nunc rho tunc August 10, 1983. ATTEST C er` o th oar o County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS BE via E. Mott, Chairman W. Keith Troxel, CoAmissioner 1 Dain WIiiiams, Commissioner -10- EXHIBIT "A LEGAL DESCRIPTION BLUE LAKE PLANNED UNIT DEVELOPMENT A tract of land located in Lots 4, 5, 6, 10, 11, 12 and 13 and the NW1141NW114 of Section 34, and in Lots 5, 9, 10, the SE1 /4/N'r71/4/NEl/4, the S1 /2 /NE1 /4 and the NW1 /4 /SE1 /4 of Section 33, Township 7 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described i as follows, to wit: Beginning at the Southwest Corner of said Lot 11, Section 34 whence a brass cap found in place and properly marked for the Southeast Corner of said .Section 33 bears S22 037'42 "w 970.663 feet distant; thence S00 032'37 "E 129.94 feet along the easterly line of said Lot 13 to a Point on the Northerly right of wav line of said State Highway 82; thence following said right of way- line the following courses and distances: N72 010133 "W 186.92 feet; thence S89 023'27 "W 63.20 feet; thence N72 010133 "W 1205.51 feet: thence leaving said highway right of wav N1'0°34'13 "E 79.84 feet; thence 615.72 feet on the arc of a curve to the right having a radius of 2141.43 feet, the chord of which bears N24 048127 "E 613.60 feet: thence N33 002140 11E 140.00 feet; thence N27 °37'15 "W 485.31 feet; thence N45 000100 "w 113.14 feet; thence N90 °00'00 "W 35.00 feet; thence N40 050'01 "W 214.11 feet; thence N22 °04'04 "W 159.7.0 feet; thence N64 158'59 "W 413.82 feet; thence N86 °16'51 "W 200.42 feet; thence N00 °00'01 "E 1669.29 feet to a point on the northerly line of the SE1 /4 /NW1 /4 /NE1 /4 of said Section 33; thence N89 042143 "E 44 80.71 feet along the northerly line of the SE1 /4 /NW1 /4/NE1/4 of said Section 33 to the Northeast Corner of the SEl /4 /NW1 /4 /NEl /4 of said Section 33; thence S00 °38'47 "W 662.75 feet along the easterly line of the SE1 /4 /NW1 /4 /NEl /4 of said Section 33 to a point on the northerly line of the Sl /2/NE1/4 of said Section 33; thence N89 039'06 "E 1373.74 feet along the northerly line of the S1 /2/NE1/4 of said Section 33 to the Southwest Corner of the NW1 /4/NW1/4 of said Section 34; thence N00 036'45 "E 1322.61 feet along the westerly line of the NW1 /4 /Nw1/4 of said Section 34 to the Northwest Corner of Said Section 34; thence S88 030130 "E 1317.87 feet along the northerly line of said Section 34 to the Northeast Corner of the NS-7c /4 /NT,-j1 /4 of said Section 34; thence S00 026'34 "W 1321.88 feet along the North -South centerline of the Northwest One - Quarter of said Section 34 to the center of the Northwest One - Quarter of said Section 34, also being the North- east Corner of said Lot 4; thence S00 034'35 "W 428.63 feet along the easterly line of said Lot 4 to a point on the northerly line of said Lot 5 of Section 34; thence S09 053'43 "E 240.06 feet to the Northeast Corner of said Lot 5 of Section 34; thence S01 013'47 "E 450.35 feet; thence N84 016'29 "E 92.60 feet along a fence; thence S00 °11'23 "E 2164.94 feet along a fence to a fenco corner on the southerly line of Lot 10, Section 34; thence aloha the southerly line of Lot 10 and Lot 11 S89 052104 "W 1335.68 Fee *_ - 2 - to the point of beginning. Said tract of land contains 245.661 acres, more or less. EXCEPT that portion conveyed to Colorado Ute Electric Association Inc. by Deeds recorded September 12, 1980 in Book 309 at Page 123 and in Boo], 309 at Page 180, Eagle County Records. Also including a parcel of land located in Lots 5 and 10, the Northwest One- Quarter of the Southeast One- Quarter (NW-',SE-',), and the South One -Half of the Northeast One- Quarter (S,NE4) of Section 33, Township 7 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows, to wit: Beginning at a point on the Northerly right of way line of Colorado Highwav No. 82 whence a brass cap found in place and properly marked for the Southeast Corner of said Section 33 bears S50 059'58 "E 2280.85 feet; thence N00 000'01 "E 1515.00 feet; thence S86 °16'51 "E 200.42 fet°:; thence S64 °58'59 "E 413.82 feet; thence S22 °04'04 "E 159.70 fee thence S40 050'01 "E 214.11 feet; thence S90 °00'00 "E 35.00 feet; thence S45 °00'00 "E 113.14 feet; thence S27 036'16 "E 485.31 feet; thence S33 002140 "w 140.00 feet; thence 615.72 feet on the arc of a curve to the left having a radius of 2141.43 feet; ti;e chcrd of which bears; S2. °48'26 "W 613.60 feet; thence S16 °34'13"68 79.84 feet to the Northerly right of way line of Colorado Highwav No. 82; thence N72 010'33 "w 796.68 feet along said northerly right of way line to the point of beginning. Said parcel of land contains 31.2789 acres, more or less. EXHIBIT "B" BLUE LAKE 'IU!, Olanned Unit Development !i-ANDSWING/ RECREATION/ PHASING PLAN ` /�`/ / . I %j �; r i A �P SPACE EI EN V OL E L E PHASE I SE P 7H DESIGNATED r OPEN SPACE 7, ON RK:/SCHOO