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HomeMy WebLinkAboutR07-057 Ute Creek Industrial Service Park Sketch Plan r Commissioner ;2,-,. J l':-" moved adoption of the followrl g Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, SlATE OF COLORADO RESOLUTION NO. 2007- (1/;'1-- APPROV AL OF THE SKETCH PLAN FOR THE UTE CREEK INDUSTRIAL SERVICE PARK PLANNED UNIT DEVELOPMENT EXPANSION File No. PDS-00048 WHEREAS, on or about March 22, 2006, the County of Eagle, State of Colorado, accepted for filing applications submitted by CJC Properties, LP, (hereinafter "Applicant") for approval of the Sketch Plan for the Ute Creek Industrial Service Park Planned Unit Development Expansion, Eagle County File No. PDS-00048; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: . Increase the size of the Ute Creek Industrial Service Park by 44 acres from its current size of 72 acres for a total of 116 acres; · To reconfigure several of the existing platted lots; . To revise the PUD Guide to better reflect experience gained over the last ten years since the initial approval; · To increase availability of space to companies that need staging or outdoor storage areas; · To provide space to firms involved in the waste management operations within Eagle County; · To allow a single-family home to be constructed near the entrance of the project for housing a full-time caretaker on site, and; · To install a gated access into the project so that better control of on site activities will be possible. · As proposed, the development will consist of 32 industrial lots on 68.85 acres and 37.77 acres of surrounding, passive open space and approximately 10 acres of private right-of-way. The existing PUD contains 19 acres of designated open space; this proposed expansion includes 18.77 additional acres of open space. WHEREAS, at its public hearing held November 1, 2006, the Eagle Planning Commission, based upon its findings, unanimously recommended approval of the proposed Sketch Plan of the Ute Creek Industrial Service Park Planned Unit Development Expansion, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter the "Board") of the County of Eagle, State of Colorado, on April 10, 2007; and, WHEREAS, based on the evidence, testimony, exhibits, and study of the Master 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: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. Pursuant to Eagle County Land Use Regulations, Section 5-240.F.3.e. Standards for the review of a Sketch Plan and Preliminary Plan for a PUD: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. The Applicant has demonstrated that the entire area affected by this PUD Sketch Plan is in single ownership. STANDARD: Uses. [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 Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule, "for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. The uses proposed include all of those uses previously permitted within the existing Ute Creek PUD plus the addition of Landscape Contractors Operations, Concrete Operations, Log Home Construction, General Staging Areas for off-site construction projects, Waste Contractor's Storage and Maintenance Operations and one single-family residence to be utilized as an on-site caretaker's unit. Additional intended clarification is also proposed in the draft PUD Guide with regard Performance Standards, Non-Permitted activities, Fencing, Lighting, Open Space, specific uses by Lot and Fire Protection. More specificity has been provided with regard to uses by right, uses allowed by limited review and uses allowed by special review. The additional 44 acres proposed for inclusion into the Ute Creek Industrial Park PUD are currently zoned 'Resource' STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)]- The dimensional limitations that shall apply to the PUD shall be those specified in 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. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. The dimensional limitations proposed are the same as those specified in the existing Ute Creek PUD (maximum FAR, maximum building lot coverage, maximum impervious area, minimum structural setbacks, maximum height, minimum building separation and minimum lot area). The dimensional limitations proposed would also be applicable to the 44 acre land area proposed to be encompassed in the Ute Creek Industrial Park PUD which is not the same as the dimensional limitations required in the Resource zone district. STANDARD: Off-Street Parking and Loading. [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 Parkin!! and Loadin!! Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parkingfor those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parkin!! and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Off street parking proposed is identical to the standards set forth in the existing Ute Creek PUD and defer to the Eagle County Land Use Regulation standards. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaoing and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. As specified in the existing Ute Creek PUD, landscaping for the project will be minimal due to the fact that a viable source of water for the purpose of introducing landscape materials to the site is non-existent. Further, given the secluded location ofthe subject property, introduced landscaping would offer little benefit to screen the site from adjacent properties. A condition of approval is provided requiring a comprehensive landscape and irrigation plan be provided with the Preliminary Plan application. At the time of Preliminary Plan a comprehensive lighting plan will be necessary. (Condition No.8) STANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Ref!Ulations. unless, as provided in Section 4-340 D., Si!!ns Allowed in a Planned Unit Develooment (PUD). 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. Signage within the proposed development will comply with the standards set forth in the Eagle County Land Use Regulations. STANDARD: Adequate Facilities. [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 potable 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. As with the existing Ute Creek PUD, facilities for potable water supply and sewage disposal are non-existent. Bottled potable water and trucked-in water for fire suppression and other applications is proposed. Individual sewerage collection vaults or individual engineered sewerage disposal systems are also proposed. Solid waste disposal can be easily handled at the nearby Eagle County Landfill. Electrical supply is available on the site. Adequate fire protection is uncertain due to the fact that the site is not located within the boundaries of any fire protection district nor is there a contractual arrangement with a fire protection district to provide services to the site. (Condition No.4) The proposed road design will need to be engineered at the time of Preliminary Plan. The Eagle County Sheriff's Office will provide police services. With the possible exception of the caretaker's unit, proximity to schools is not applicable. The Western Eagle County Ambulance District did not respond to the referral for this proposal, although it is anticipated that the District would be the responder in the event of an emergency. Despite the absence of certain facilities, the Ute Creek PUD has successfully accommodated the uses allowed over the past ten years. It is reasonable to expect that the proposed expansion would be able to function similarly. STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, 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. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. The property is currently served by adequate existing roadways. The applicant will need to demonstrate that newly proposed roads will be required to meet applicable County standards with application for Preliminary Plan. Given the industrial nature of the proposed development, pathways internal to the project would not serve to provide a legitimate purpose because the individuals working on the property are not inclined to take leisurely constitutionals. Nevertheless, numerous roads and trails into adjacent BLM land would offer a more inviting experience. Emergency vehicles can access the site from U.S. Highway 131 along Ute Creek Road to the subject property. The existing internal road network is sufficient for this purpose and newly proposed roads will have to be designed accordingly. Access to the site is provided via Ute Creek Road (the Eagle County Landfill Road). Secondary access is from Cache Creek Road which is a ranch road. If the surrounding property is ever developed, this ranch road will be upgraded to satisfy County standards. The Engineering Department referral response indicates that this ranch road (Spalding Reservoir Road) does not provide a second point of access at this time. Sufficient land area either adjacent to the road network or on each individual lot exists to accommodate adequate snow storage. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD shall be compatible with the character of surrounding land uses. If properly executed, the proposed expansion will be consistent with existing uses approved in 1995 and will employ greater control over on-site activities. As has been demonstrated over the past decade, the subject property has proven to be a viable location for this type of land use due to its centralized location in Eagle County and relative isolation with the Eagle County Landfill as the closest neighbor. STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. THE COMPREHENSIVE PLAN ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED. EAGLE COUNTY COMPREHENSIVE PLAN en "'0 19 - Q) en r:: Q) r:: ... Q) ro r:: 0 Q) .~ ~ 20 en en ..J Q) r:: E 0'- Q) Q) Q) E ro -a. E ~ Cl ::l 2 ~ 0 > a.z. r:: ~..Q r:: ~~ Q) ... :o::l ... o ::l ... ::l _ ::l ~ Q) Q) Q) r:: 0 "(ij Q) 0 =0 '(ij ~= > r:: > 8 ~ ::l ~"'O -en "'0 en r:: 'S; ~ ::J 0 Q) Q) 0 -r:: ro Q) =Q) Q) ~o ..J c:> C:>O wo:: J: .Ero ~o:: ~o:: CJ) l.L. Conformance X X X X Non Conformance Mixed Conformance X X X X X Not Applicable X General Development - "Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations ". The existing Ute Creek PUD and the proposed Ute Creek Industrial Park PUD provide a continued need in the County for the types of industrial uses proposed. The location of the development and the uses contained therein minimizes negative visual impacts that might otherwise be located along the Eagle Valley floor. The site is visible from Bellyache Ridge and portions of Red Sky Ranch, however, lighting / glare and not the specific on-site activities are of greater concern when viewed from across the valley. The proposed development does propose to maintain approximately 32.5% of the land area involved in this application as open space and will serve to protect the Ute Creek Drainage channel and associated riparian areas. "Growth should be managed toward future sustainability - a healthy balance between economic success, quality of life and the preservation of the environment ". This development proposes to expand to accommodate the needs ofthe County's growing economy. Appropriate 10cation for the less desirable uses driving a healthy economy are accommodated by this development and is necessary consistent with the determination of the Board of County Commissioners in 1995. "Open corridors between towns and community centers should be preserved." This development helps to alleviate the pressure upon more highly visible properties within the Eagle Valley, thereby indirectly assisting with the goal of preserving open corridors. "Development should be fully responsible for the mitigation of development related impacts upon both the natural and built environments." This PUD expansion proposal provides an opportunity for the County to ensure that the property owner reassumes control and maintains full responsibility for the mitigation of development of development related impacts associated with the Ute Creek Industrial Park PUD through more rigorous enforcement, control and implementation of the governing PUD. Economic Resources - "A healthy, attractive business environment, appropriate to the area's character and resources, should be fostered." This development will help to ensure that intensive commercial/industrial development occurs in a location that is compatible with surrounding uses. "Commercial uses should be appropriately scaled and should be located within towns and community centers." The development of new service commercial and industrial uses in suitable locations should be allowed provided such uses are properly buffered from surrounding properties. This proposed expansion is in response to demand for industrial use locations within the County and which would be incompatible with the character of existing town and community centers. Housing - "Affordable workforce housing should be located near job centers. ", and "Land use planning objectives should promote an appropriate amount of workforce housing. ", and "Development should share responsibility for fulfilling Eagle County's workforce needs. " The proposed expansion does propose living accommodations for a future on-site caretaker although no information has been submitted indicating the size of residence, intended time frame to construct the caretaker's residence or how affordable said residence will ultimately be. The DRAFT PUD Guide does include language requiring the provision of local resident housing at such time that any permanent habitable structure is introduced onto the site. Said plan would be reviewed concurrently with the required (also proposed) Limited Review or Special Use review process. Additionally, at staff's behest and in an effort to respond to the as yet to be updated Affordable Housing Guidelines, the applicant proposes the following affordable housing mitigation plan (Please see attached letter from Knight Planning Services, Inc. to Bob Narracci dated February 15,2007): "After consideration of the existing yards located in the existing Ute Creek Planned Unit Development, we believe that a reasonable employee generation rate associated with these outdoor storage yards is one employee per two acres. The availability of these yards is not a fundamental need or requirement of most of the companies that locate here. Rather, it is a benefit perhaps allowing them to operate more efficiently. An inventory of the site shows that some of the yards are used for more permanent storage of materials while others are more actively used. Therefore, we believe that the availability of outdoor storage yards would reasonably relate to the addition of one full time employee per two acres of yard area. Based on the proposed expansion of the Ute Creek Industrial Service Park PUD to include an additional 18.9 acres of yard space, we calculate that this expansion would relate to 9.5 employees. The nexus established in the existing Eagle County Housing Guidelines is that a commercial or industrial development provide for 20% of the housing impact generated. Using Eagle County Housing Guidelines formulas, 9.5 employees results in a demand for 4.3 housing units. Understanding that Eagle County is considering raising the percentage requirement to (at least) 30%, the requisite number ofhousing units related to this 18.9 acre yard expansion would be 1.3 dwelling units. " Infrastructure and Services - "To preserve mountain character, county roads should be adequate and safe for their intended use, but not over-designed." The roads serving the development provide adequate access for emergency responders. New roads within the development will be required to satisfy the County's standards with the Preliminary Plan application. "Exemplary emergency and community services should be available to all residents, visitors and second home owners." This proposal was referred to the potentially affected emergency and service providers for comment. The Greater Eagle Fire Protection District indicated that the Ute Creek PUD is not located within the boundaries of any fire protection district with the exception of the Vail Honeywagon site. It is suggested that the applicant discuss with the Greater Eagle Fire Protection District the possibility of either being included within the District's boundaries or ensure that service is provided via contractual arrangement. (Condition No.4) Water Resources - "Protect the long term viability of both ground and surface water sources. " This existing development and proposed expansion has operated without reliance upon either a public water system or well water and is proposed to continue in this manner. Additionally, landscaping, if introduced at all, will be minimal. Thusly, the impact of the development upon water viability in terms of consumption is practically nil. With Preliminary Plan, the applicant will be required to provide details regarding water supply and sewage disposal relative to the proposed on-site caretaker's unit. The Department of Environmental Health has requested the following relative to protecting the long term viability of both ground and surface water sources: · A Stormwater Management Plan shall be submitted to Eagle County Environmental Health for approval and must include the following: · Specifics on what measures will be utilized to clean up any off site sedimentation. Should impacts be realized off-site, the development would be subject to the Commercial and Industrial Performance Standards as specified in the Eagle County Land Use Regulations, as amended. · Require notification to Eagle County Engineering and Environmental Health of any failure of the erosion control measures · Specific information on what actions will be taken in the event the plan is insufficient or noticeable off-site impacts are realized. · Submit a detailed materials handling and spill prevention plan. · Contact information for the person available at all times, responsible for immediately addressing non-compliance issues. · Trash/waste storage implies enforcement through the County; it is recommended that maintenance of the property and its associated waste materials be a function of the Property Owners Association. · Due to the proximity of the site to Ute Creek and ground water resources, all ISDS systems will need to accomplish advanced wastewater treatment and be designed by a Registered Professional Engineer. (Condition No.2) "Water conservation efforts by all water users in Eagle County should be implemented." This existing development and proposed expansion has operated without reliance upon either a public water system or well water and is proposed to continue in this manner. Additionally, landscaping, if introduced at all, will be minimal. Thusly, the impact of the development upon water viability in terms of consumption is practically nil. "Surface and groundwater supplies should be protected from agricultural, industrial and development related impacts." The development will provide a buffer area of natural vegetation between the on-site activities and Ute Creek. "Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts." The development will provide a buffer area of natural vegetation between the on-site activities and Ute Creek. Wildlife Resources - "The quality, integrity and interconnected nature of critical wildlife habitat in Eagle County should be preserved." This proposal will preserve a significant stretch of Ute Creek as open space thereby protecting wildlife habitat and riparian areas. "Broad development patterns and the cumulative impacts of incremental development on wildlife habitat and wildlife populations should be accounted for in the decision making process. ", and "Measures designed to protect wildlife from human activities and disturbances should be implemented and enforced." The Colorado Division of Wildlife response states that: · The wildlife analysis presented is not accurate because the maps shown are outdated. · The project is located in critical mule deer habitat (winter range, concentration area, severe winter range, migration corridor), elk winter range, bald eagle winter range and sage grouse overall range. · Wildlife habitat values have been impacted by the existing development but not to a significant extent. · The Wolcott area still provides a considerable amount of critical wildlife habitat. The Eagle County Landfill and Ute Creek Industrial Park both had mitigation plans that have been implemented. · The project site consists of native sagebrush, mountain shrub, old pastures, and intermittent drainage. · Beyond the direct loss of habitat, the current use of the existing Ute Creek Industrial Park, by the nature of its operations, has had minimal wildlife impacts. · Since this project is only at Sketch Plan, the DOW cannot accurately assess the wildlife impact. For the County's and the applicant's use for future discussions, the following items require additional information: ./ Fencing - will the six foot high chain link fencing be around the entire property or individual lots? ./ Will the open space along Ute Creek be fenced to improve the riparian habitat? ./ Updated wildlife maps with the project overlay to accurately assess the number of acres to be impacted. ./ The level and extent of perimeter fencing to determine the impacts to mule deer migration corridor. ./ A wildlife plan for the project. Assuming that the applicant can address these concerns to the satisfaction of the CD OW through the Preliminary Plan then the expanded proj ect should continue to have minimal wildlife impacts. (Condition No.6) Sensitive Lands - "Development should avoid areas of significant natural hazard. ", and "The mitigation of natural hazards should be done in a manner that protects the integrity of the natural environment and the visual quality of the area. " The Colorado Geological Survey offers the following comments in this regard: · The steep slopes above Lots 21, 22 and 23 have evidence of recent mudslide debris flow activity with debris flow gullies and levees located in the upper (northern most) part oflots 22 and 23. The debris flow hazard can be mitigated with a berm, but designating an area that would not be developed around the debris flow would be the easiest mitigation. · There is a minor rockfall hazard on the slope above Lot 21. There are numerous boulders in the colluvium on the slope but there are no outcrop source areas. The hazard can easily be mitigated with avoidance or a small berm or fence. · Lots 29A through 29D have a steep, apparently man-made slope at the edge of the access cul-de-sac on the conceptual plan. The proposed grading and drainage plan does not include any grading for the access driveways to Lots 29B, 29C or 29D. The access driveways should include appropriately engineered slopes for retaining walls for access driveways. · The slopes above Lots 21, 22 and 23 do not appear to be active landslide slopes. Rather, they appear to be ancient or relict landslides, but do not appear active at the present time. These slopes may be prone to minor debris flows or mudslides. · Lots 3 and 4 have steep banks adjacent to Ute Creek within their boundaries. Building envelopes within the lots should exclude these steep bank areas and should be setback by a distance of approximately H/3 where H is the height of the bank. . The proposed grading and drainage plan shows an existing detention pond west of Lot 1 which could not be located during a site visit. The proposed detention pond is located in a suitable area. . In conclusion, the property is suitable for the proposed use with a few minor modifications. The caretaker's house should not be located in the areas described above that have the potential for rockfall or debris flow hazards. Lots 21, 22 and 23 should have some sort of mitigation for the potential debris flow hazard if the lots are not redrawn to avoid the hazards. · If the recommendations in the submitted reports and the recommendations in this letter are complied with, then the CGS has no further geologic concerns regarding this subdivision. At Preliminary Plan, it must be demonstrated that the recommendations of the Colorado Geological Survey have been incorporated into the plan. (Condition No.5) Also, the Colorado Historical Society indicated that no sensitive historic or archaeological sites are present in the project area. The proposed development will preserve 32.5% ofthe total land area involved as passive open space inclusive of Ute Creek and adjacent riparian areas. Environmental Quality - "Lighting plans that reduce nuisance glare and protect the quality of the night sky should be encouraged." With application for Preliminary Plan, a comprehensive lighting plan will be necessary. (Condition No.8) Future Land Use Map (FLUM) - The Future Land Use Map found in the Comprehensive Plan defers to the Wolcott Area Community Plan which does not provide a specific recommended land use other than, "Proposed land uses (outside the Wolcott activity center)should resolve potential impacts through appropriate design measures and ensure compatibility with adjacent land uses. " The plan further states that, "The appropriate location for industrial uses within the Wolcott Area is in the vicinity of the Eagle County Landfill". WOLCOTT AREA COMMUNITY PLAN Inside Outside Wildlife Open Space Water and Hazards Air, Odor, Transportation History an Activity Activity Recreation Sanitation Noise Archeolog Center Center Confonnance X1 X3 X4 X6 X7 Non Conformance Mixed X2 X5 Conformance Not X X Applicable x1 - The proposed development location is consistent with the Plan's recommendation that, "The appropriate location for industrial uses within the Wolcott Area is in the vicinity of the Eagle County Landfill ". x2 - The Colorado Division of Wildlife (CD OW) has provided several recommendations which must be adequately addressed with the Preliminary Plan application. The CDOW response does indicate that the existing Ute Creek PUD has had minimal impact upon wildlife habitat. It is anticipated that this proposed expansion can co-exist with wildlife as well. (Condition No.6) x3 - "Maintain the character of the Wolcott Area as development occurs, while protecting ecologically sensitive areas. When feasible, connect the area through a network of public and private open space, trail corridors and active and passive recreation areas." The proposed development would tend to maintain the existing character of the Wolcott Area and will provide private open space inclusive of the Ute Creek drainage and associated riparian areas. Given the type of development existing / proposed and its location, there is not a readily apparent need for trail corridors and active / passive recreation areas. x4 - "The quality and quantity of potable water should be maintained or improved as new development occurs." The existing / proposed development is operable without either a public water source or well water. Potable water is either bottled or trucked-in. With Preliminary Plan, the applicant will be required to provide details regarding water supply and sewage disposal relative to the proposed on-site caretaker's unit. x5 - The Colorado Geological Survey offers the following comments in this regard: · The steep slopes above Lots 21, 22 and 23 have evidence of recent mudslide debris flow activity with debris flow gullies and levees located in the upper (northern most) part oflots 22 and 23. The debris flow hazard can be mitigated with a berm, but designating an area that would not be developed around the debris flow would be the easiest mitigation. · There is a minor rockfall hazard on the slope above Lot 21. There are numerous boulders in the colluvium on the slope but there are no outcrop source areas. The hazard can easily be mitigated with avoidance or a small berm or fence. · Lots 29A through 29D have a steep, apparently man-made slope at the edge ofthe access cul-de-sac on the conceptual plan. The proposed grading and drainage plan does not include any grading for the access driveways to Lots 29B, 29C or 29D. The access driveways should include appropriately engineered slopes for retaining walls for access driveways. · The slopes above Lots 21, 22 and 23 do not appear to be active landslide slopes. Rather, they appear to be ancient or relict landslides, but do not appear active at the present time. These slopes may be prone to minor debris flows or mudslides. · Lots 3 and 4 have steep banks adjacent to Ute Creek within their boundaries. Building envelopes within the lots should exclude these steep bank areas and should be setback by a distance of approximately Hl3 where H is the height of the bank. . The proposed grading and drainage plan shows an existing detention pond west of Lot 1 which could not be located during a site visit. The proposed detention pond is located in a suitable area. . In conclusion, the property is suitable for the proposed use with a few minor modifications. The caretaker's house should not be located in the areas described above that have the potential for rockfall or debris flow hazards. Lots 21, 22 and 23 should have some sort of mitigation for the potential debris flow hazard if the lots are not redrawn to avoid the hazards. . If the recommendations in the submitted reports and the recommendations in this letter are complied with, then the CGS has no further geologic concerns regarding this subdivision. At Preliminary Plan, it must be demonstrated that the recommendations of the Colorado Geological Survey have been incorporated into the plan. (Condition No.5) x6 - "To protect the people and property of the Wolcott A rea from the harmful effects of air pollution, excessive noise and noxious odors." A Dust Suppression Plan shall be submitted to Eagle County Environmental Health, along with information for a contact person with whom to address complaints or concerns. The approved Dust Suppression Plan must be kept on-site and be implemented at all times. No negative olfactory and auditory impacts were observed emanating from the existing development. It is not anticipated that the proposed expansion would serve to create undue impacts. (Condition No.2) x7 - "Preserve important historic and archaeological resources for their social and economic values. " The Colorado Historical Society did not identify any historic or archaeological resources in the proj ect area. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance X X X X X Non Conformance Mixed X . Conformance Not X Applicable Open Space Provision: 32.5% ofthe proposed project area is proposed as passive open space. Unique Character Preservation: The subject property is not located within and does not encompass any unique land forms. Visual Ouality: The location of the subject property is designated as 'Class 3 - moderately constrained'. As mentioned previously in this report, concern with the visual quality of the existing / proposed development when viewed from distant vantage points is relative to nighttime illumination and glare. With application for Preliminary Plan a lighting plan will be required. (Condition No.8) Development Patterns: The existing / proposed development is consistent with established development patterns in this vicinity of Wolcott. Hazards: The Colorado Geological Survey offers the following comments in this regard: . The steep slopes above Lots 21, 22 and 23 have evidence of recent mudslide debris flow activity with debris flow gullies and levees located in the upper (northern most) part oflots 22 and 23. The debris flow hazard can be mitigated with a berm, but designating an area that would not be developed around the debris flow would be the easiest mitigation. . There is a minor rockfall hazard on the slope above Lot 21. There are numerous boulders in the colluvium on the slope but there are no outcrop source areas. The hazard can easily be mitigated with avoidance or a small berm or fence. . Lots 29A through 29D have a steep, apparently man-made slope at the edge of the access cul-de-sac on the conceptual plan. The proposed grading and drainage plan does not include any grading for the access driveways to Lots 29B, 29C or 29D. The access driveways should include appropriately engineered slopes for retaining walls for access driveways. . The slopes above Lots 21, 22 and 23 do not appear to be active landslide slopes. Rather, they appear to be ancient or relict landslides, but do not appear active at the present time. These slopes may be prone to minor debris flows or mudslides. . Lots 3 and 4 have steep banks adjacent to Ute Creek within their boundaries. Building envelopes within the lots should exclude these steep bank areas and should be setback by a distance of approximately Hl3 where H is the height ofthe bank. · The proposed grading and drainage plan shows an existing detention pond west of Lot 1 which could not be located during a site visit. The proposed detention pond is located in a suitable area. . In conclusion, the property is suitable for the proposed use with a few minor modifications. The caretaker's house should not be located in the areas described above that have the potential for rockfall or debris flow hazards. Lots 21, 22 and 23 should have some sort of mitigation for the potential debris flow hazard if the lots are not redrawn to avoid the hazards. . If the recommendations in the submitted reports and the recommendations in this letter are complied with, then the CGS has no further geologic concerns regarding this subdivision. At Preliminary Plan, it must be demonstrated that the recommendations of the Colorado Geological Survey have been incorporated into the plan. (Condition No.5) Wildlife: The Colorado Division of Wildlife (CDOW) has provided several recommendations which must be adequately addressed with the Preliminary Plan ~pplication. The CDOW response does indicate that the existing Ute Creek PUD has had minimal impact upon wildlife habitat. It is anticipated that this proposed expansion can co-exist with wildlife as well. (Condition No.6) EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation land Use Conformance x x Non Conformance Mixed Conformance Not Applicable x x x Land Use: The proposed development will set aside that portion of the property which Ute Creek runs through as privately owned open space. Wildlife: The proposed development would not adversely impact open space or riparian areas, as conditioned. (Condition No.6) EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: · Housing is a community-wide issue. · Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. · Development of local residents housing should be encouraged on existing transit routes. · Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success. · It is important to preserve existing local residents housing. · Persons who work in Eagle County should have adequate housing opportunities within the county for other infrastructure needs. . Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated. POLICIES: ITEM YES NO N/A 1. Eagle County will collaborate with the private sector & nonprofit organizations to X develop housing for local residents 2. Housing for local residents is an issue which Eagle County needs to address in X collaboration with the municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and X workers in Eagle County 4. Additional rental opportunities for permanent local residents should be brought on line. X Some. . . should be for households with an income equivalent to or less than one average wage job 5. Seasonal housing is part of the problem & needs to be further addressed. It is X primarily the responsibility of . . . employers. . . 6. New residential subdivisions will provide a percentage of their units for local residents X 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units X1 on-site where feasible, or if not feasible, in the nearest existing community center. . . 8. The County will seek to make land available for local residents housing in proximity to X community centers 9. Mixed use developments in appropriate locations are encouraged X 10. Factory-built housing is an important part of Eagle County=s housing stock X 11. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price X appreciation, as well as residency requirements 12. Eagle County recognizes that housing for local residents is an ongoing issue X X1- The proposed expansion does propose living accommodations for a future on-site caretaker although no information has been submitted indicating the size of residence, intended time frame to construct the caretaker's residence or how affordable said residence will ultimately be. The DRAFT PUD Guide does include language requiring the provision of local resident housing at such time that any permanent habitable structure is introduced onto the site. Said plan would be reviewed concurrently with the required (also proposed) Limited Review process. Additionally, at staff's behest and in an effort to respond to the as yet to be updated Affordable Housing Guidelines, the applicant proposes the following affordable housing mitigation plan (Please see attached letter from Knight Planning Services, Inc. to Bob Narracci dated February 15, 2007): "After consideration of the existing yards located in the existing Ute Creek Planned Unit Development, we believe that a reasonable employee generation rate associated with these outdoor storage yards is one employee per two acres. The availability of these yards is not a fundamental need or requirement of most of the companies that locate here. Rather, it is a benefit perhaps allowing them to operate more efficiently. An inventory of the site shows that some of the yards are used for more permanent storage of materials while others are more actively used. Therefore, we believe that the availability of outdoor storage yards would reasonably relate to the addition of one full time employee per two acres of yard area. Based on the proposed expansion of the Ute Creek Industrial Service Park PUD to include an additional 18.9 acres of yard space, we calculate that this expansion would relate to 9.5 employees. The nexus established in the existing Eagle County Housing Guidelines is that a commercial or industrial development provide for 20% of the housing impact generated. Using Eagle County Housing Guidelines formulas, 9.5 employees results in a demand for 4.3 housing units. Understanding that Eagle County is considering raising the percentage requirement to (at least) 30%, the requisite number ofhousing units related to this 18.9 acre yard expansion would be 1.3 dwelling units. " STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. 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. In order to calculate the number of 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 Master Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right- of ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (c) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (d) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (j) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. 32.5% ofthe project area will be preserved as natural, passive open space. No manmade improvements to the open space are proposed or required. Said open space will remain in private ownership. STANDARD: Natural Resource Protection. [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. The PUD endeavors to protect the natural resources while concurrently providing the type of industrial space necessary to serve Eagle County. As discussed previously in this report, with application for Preliminary Plan, identified concerns regarding wildlife, geology and water source protection must be fully addressed. WHEREAS, the Board of County Commissioners has determined that dogs under the control of their owners should be allowed on-site and therefore eliminated condition number 10 which pertained to a prohibition of dogs of the site as recommended by the Colorado Division of Wildlife. WHEREAS, the Board of County Commissioners has determined that the Affordable Housing Mitigation Plan as proposed by the applicant, as delineated in the letter from Knight Planning Services, Inc. to Bob Narracci dated February 15, 2007, is sufficient to accommodate the proposed expansion of the Ute Creek Industrial Service Park. 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 Sketch Plan for the Red Sky Ranch Planned Unit Development be and is hereby approved, subiect to compliance 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. With application for Preliminary Plan, all comments of the Environmental Health Department as set forth in this staff report must be adequately addressed. 3. With application for Preliminary Plan, all comments of the Engineering Department detailed in its memoranda dated April 10, 2006 and June 16,2006 must be adequately addressed. 4. With application for Preliminary Plan, it must be demonstrated that the subject property has either been included within the boundaries of the Greater Eagle Fire Protection District or that a contractual service agreement for fire protection services has been entered into. 5. With application for Preliminary Plan, all comments of the Colorado Geological Survey detailed in its letter dated June 1,2006 have been adequately addressed. 6. With application for Preliminary Plan, all comments of the Colorado Division of Wildlife detailed in its letter dated June 14,2006 have been adequately addressed and that a fencing plan be approved by CD OW and incorporated into the Wildlife Mitigation Agreement. 7. The Ute Creek Industrial Park shall be in complete compliance with the existing Planned Unit Development Control Guide recorded in Eagle County records at Book 669, Page 891 on June 21, 1995, prior to Preliminary Plan application submittal forhthis proposed expansion. 8. With application for Preliminary Plan, a comprehensive site lighting plan must be submitted, designed to minimize nighttime sky light pollution. Also, reflective surfaces stored or erected on-site must be done so in a manner which minimizes off- site glare. 9. Landscaping should be introduced around disturbed areas and the caretaker's unit. Landscaping is currently lacking. With Preliminary Plan a landscape plan with appropriate low water consumptive planting materials and plans for a water supply distribution system must be provided for appropriate screening and revegetation efforts; 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 of County Commissioners directs the Director of Community Development to provide a copy ofthis Resolution to the applicant. 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. THAT, the Board of County Commissioners hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners ofthe COAAty of Eagle, State of Colorado, at its regular meeting held this /~- day of r' JCZ ;) , 2007, nunc pro tunc to the 10th day of April, 2007. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: etA (i JiJ.,. Sara J. Fisher, ommissioner Peter F. Runyon, Co ~ . Commissioner -;J~~0./f seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Am M. Menconi Commissioner, Sara J. Fisher Commissioner, Peter F. Runyon (~ C~ . O'V o This Resolution passed by the County of Eagle, State of Colorado. 710 vote of the Board of County Commissioners of