HomeMy WebLinkAboutR07-006 West End PUD Sketch Plan Approval
CommissionerjAA....{/ ----t ~LJ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2007 - ~
APPROVAL
OF THE WEST END PLANNED UNIT DEVELOPMENT
SKETCH PLAN
FILE NO. PDS-00049
WHEREAS, on or about April 1 i\ 2006, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Midtown Group, LLC (hereinafter "Applicant")
for approval of a Planned Unit Development Sketch Plan for the West End Planned Unit
Development, File No. PDS-00049; and
WHEREAS, the Applicant requested approval of a PUD Sketch Plan which would allow
the creation of a mixed use PUD on approximately 3.28 acres in Edwards (see attached Exhibit
A); and
WHEREAS, the applicant proposes a mixed-use PUD including the following uses:
between 55-65 free-market residences and local residents/employees housing units; time-
share/fractional fee condo units; bed and breakfast; boutique hotel; home business or occupation;
community or public administration building/use; educational facility; conference center or
meeting hall; post office or private postal station; retail uses; offices; banks/financial services;
medical or dental offices; emergency care facilities; veterinary (no kennels/boarding) micro
brewery; private club; pharmacy; one fast food restaurant drive-thru; service oriented uses such
as tailor, hair salons, etc. All new residential units are proposed above commercial space, with
private parking areas provided beneath the structures; and
WHEREAS, the development will occur within one (1) planning area containing several
buildings (see site plan Exhibit B); and
WHEREAS, proper notice of the PUD Sketch Plan was given to all agencies and
departments as required by the Eagle County Land Use Regulations, Section 5-21 O.E; and
Page 1 of 6
WHEREAS, at public hearings held July 19th, 2006 and August 16th, 2006 the Eagle
County Planning Commission, based upon its findings, recommended approval with
conditions, of the proposed PUD Sketch Plan; and
WHEREAS, this file underwent three (3) public hearings held by the Board of County
Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on
September 5th, 2006, October 24th, 2006 and December 5th, 2006; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado, finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for
the review of a Sketch and Preliminary Plan for PUD:
(1) Unified ownership or controL The title to all land that is part ofthis PUD IS
owned or controlled by one (1) person and/or entity.
(2) Uses. The uses that may be developed in the PUD ARE uses that are designated
as uses that are allowed, allowed as a special use or allowed as a limited use in
either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or
Table 3-300, "Residential, Agricultural and Resource Zone Districts Use
Schedule"; however, many of the commercial uses ARE NOT currently permitted
in the underlying zone district. This finding may be deemed positive assuming
approval of the Variations by the Board of County Commissioners at Preliminary
Plan.
(3) Dimensional Limitations. The dimensional limitations that shall apply to the
PUD ARE NOT those specified under the existing zoning; however, this finding
may be deemed positive assuming approval of the Variations by the Board of
County Commissioners at Preliminary Plan.
(4) Off-Street Parking and Loading. Given the Sketch Plan level detail of the
development plan, it is likely that the applicants WILL be able to demonstrate
that off-street parking and loading provided in the PUD CAN comply with the
standards of Article 4, Division 1, Off-Street Parking and Loading Standards,
without a necessity for a reduction in the standards, at Preliminary Plan.
(5) Landscaping. It WILL be demonstrated that landscaping provided in the PUD
can comply with the standards of Article 4, Division 2, Landscaping: and
Illumination Standards. Illumination standards must also be considered as part of
Preliminary Plan application.
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(6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4,
Division 3, Sign Regulations. The PUD guide properly references that signs shall
be as allowed pursuant to the Eagle County Land Use Regulations. A
Comprehensive Sign Plan is required to be submitted with the Preliminary Plan
application.
(7) Adequate Facilities. The Applicant HAS NOT clearly demonstrated that the
development proposed in this Sketch Plan for PUD will be provided adequate
access and feasible, internal roads. The applicant HAS clearly demonstrated that
the development proposed in the Sketch Plan for PUD will be provided adequate
facilities for potable water and sewage disposal, and HAS also demonstrated that
the proposed PUD will be conveniently located in relation to schools, police, fire
protection, and emergency medical services. It MAYBE possible to demonstrate
adequate access and feasible, internal roads to serve the proposed development at
Preliminary Plan application.
(8) Improvements. It HAS NOT been clearly demonstrated that the improvements
standards applicable to the development will be as specified in Article 4, Division
6, Improvements Standards regarding: (a) Safe, Efficient Access; (b) Internal
Pathways; (c) Emergency Vehicles; (d) Principal Access Points; ( e) Snow
Storage; however, it MAY BE possible to demonstrate these improvements with
the Preliminary Plan application.
(9) Compatibility with Surrounding Land Uses. All aspects of the development
proposed for the PUD IS compatible with the character of surrounding land use.
(10) Consistent with Comprehensive Plan. The proposed Sketch IS NOT entirely
consistent with all stated purposes, goals, objectives and policies of applicable
master plans; however, more information will be provided at Preliminary Plan
which may accomplish compliance with the Comprehensive Plan (i.e. fmal
housing plan; final infrastructure plans and design).
(11) Phasing. A phasing plan MAY BE necessary for this development, and shall be
addressed with the Preliminary Plan.
(12) Common Recreation and Open Space. The PUD HAS NOT clearly
demonstrated that the proposed development will comply with the common
recreation and open space standards with respect to: (a) Minimum area; (b)
Improvements required; ( c) Continuing use and maintenance; or (d) Organization;
however, the applicant may be able to do so at Preliminary Plan.
(13) Natural Resource Protection. The PUD DOES demonstrate that the
recommendations made by the applicable analysis documents available at the time
the application was submitted, as well as the recommendations of referral
agencies as specified in Article 4, Division 4, Natural Resource Protection
Standards, have been considered.
3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the PUD Sketch Plan for the West End PUD, File No. PDS-00049 is hereby
approved with the following conditions:
1. Except as otherwise modified by this Permit, all material representations made by
the Applicant in this application and in public meeting shall be adhered to and
considered conditions of approval.
2. The buildings should utilize fmish materials and colors designed to "blend" in
with the surrounding landscape, prohibiting bright finish colors.
3. Any outstanding comments pursuant to the Engineering Memo, dated July 7th,
2006 must be adhered to with comments addressed and provided prior to
Preliminary Plan submittal.
4. Applicant shall review the proposed uses in the PUD Guide to ensure that they are
reasonable; that they all may coexist simultaneously especially- with regards to
shared parking needs; can be comprehended/administered easily by Staff and
public; and that the site can accommodate the needs of each of the proposed uses.
5. A Comprehensive Sign Plan shall be developed and submitted as part of the
Preliminary Plan application.
6. A site specific parking plan shall be developed and submitted as part of the
Preliminary Plan application.
7. A detailed landscaping plan is required to be submitted as part of the Preliminary
Plan application. Further, information regarding maintenance of common areas
must also be submitted with the Preliminary Plan application.
8. Comprehensive lighting and illumination standards shall be established in the
PUD guide submitted with the Preliminary Plan application.
9. A detailed geotechnical report shall be submitted with the Preliminary Plan
application.
10. A trail shall be provided on this property per the US Highway 6 Corridor Plan that
anticipates pedestrianlbike facilities on this side of US Highway 6. The trail
design must be approved by ECO Trails prior to Preliminary Plan approval.
11. The West End PUD shall be designed anticipating a potential paved spur trail,
built to County standards, to be connected to the adjacent open space lands.
4
12. This property must accommodate through-connections to both the east and west
sides of the development, in anticipation of redevelopment on both the adjacent
Kemp and V ogelman properties. Through connections should include both
vehicular and pedestrian traffic.
13. The internal roads within the West End PUD shall be designed to accommodate
bus service from US Highway 6 through the West End to the eastern property line.
Parking between Building # 1 and Building #2 and along the south side of
Building #2 shall be 45-degree (parking) to facilitate unobstructed access for
buses.
14. A complete list of Variations and/or deviations must be submitted as part of the
Preliminary Plan application.
15. The applicant must obtain permission from the land owner of the Eagle River
Preserve to install any drainage structures, and/or any other structures as proposed
on the neighboring open space parcel.
16. A Highway 6 Access Permit must be obtained prior to Preliminary Plan submittal.
17. Prior to Preliminary Plan approval, the applicant shall present a written
commitment in the form and substance acceptable to the Community
Development Director and the County Attorney for a financial contribution
toward the eventual construction of a round-about at a location to be determined
by the County in concert with all parties in interest. The amount of such written
financial commitment shall be the estimated cost of constructing au-turnaround
calculated based on the estimated labor and materials costs likely to be in effect at
the estimated date the round-about will be constructed; the actual amount of such
ultimate contribution shall be the reasonable cost of construction of a u-
turnaround in effect at the time of construction of the round-about.
18. The application for Preliminary Plan approval shall demonstrate in detail that it is
substantially consistent with the Eagle County Housing Guidelines in effect at the
time of submission. If the Guidelines are revised thereafter, but before approval
of a Preliminary Plan, the Plan will be made substantially consistent with the
amended Guidelines as a condition of approval of the Plan.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
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.
THAT 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.
5
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held this L day of Jfl<-,. ~ "";t
2007, nunc pro tunc to the 5th day of December, 2006.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST:
BY:
BY: Mno Q h9:)" _
Sara J. Fisher, Commissioner
Commissioner~ ~~ seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Peter F. Runyon A--..
Commissioner Am M. Menconi
Commissioner Sara J. Fisher
~
This Resolution passed by t-- / L vote of the Board of County Commissioner ofthe
County of Eagle, State of Colorado.
6
Exhibit '~"
The West End PUD
PDS-00049
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