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HomeMy WebLinkAboutR07-074 Willits Bend PUD Commissioner of the follow. moved adoption Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 - 0 1'4- CORRECTION OF AN ERRATUM IN THE APPROVED PLANNED UNIT DEVELOPMENT GUIDE FOR THE WILLITS BEND PLANNED UNIT DEVELOPMENT FILE NO. PDP-00032 WHEREAS, on or about July 18,2005, the County of Eagle, State of Colorado, accepted for filing an application submitted by Blue Crow LLC for approval of the Planned Unit Development Preliminary Plan for the Willits Bend Planned Unit Development, File No. PDP- 00032; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development Preliminary Plan for a proposed development consisting of 92,555 square feet of floor area for mixed uses, including f(ibrication and trades, office, retail/restaurant and residential, on a 4.5 acre site generally referred to as 1712 Willits Lane; and, WHEREAS, at its regular public hearing of April 25, 2006, the Eagle County Board of Commissioners (hereinafter "Board") by Board Resolution No. 2006-108 approved the proposed PUD Preliminary Plan and the Willits Bend Planned Unit Development Guide dated June 5, 2006, a copy of which was attached to Board Resolution No. 2006-108 as Exhibit "D"; and WHEREAS, Section XIII.4.i., Storage of Hazardous Materials, of the approved Willits Bend Planned Unit Development Guide was approved in the following form: There shall be a minimum of seven (7) storage control areas per building, as defined in the adopted fire and building code, including up to four (4) on the ground level and three (3) in the upper stories of the building. The use of all buildings, including specific storage requirements for hazardous materials, shall comply with this requirement, which shall be demonstrated at the time of a building permit or tenant finish permit application. [Emphasis added.] 1 WHEREAS, it has subsequently been determined that the intent had been that Section XIII.4.i., Storage of Hazardous Materials, of the approved Willits Bend Planned Unit Development Guide was intended to be approved in the following form: There shall be a maximum of seven (7) storage control areas per building, as defined in the adopted fire and building code, including up to four (4) on the ground level and three (3) in the upper stories of the building. The use of all buildings, including specific storage requirements for hazardous materials, shall comply with this requirement, which shall be demonstrated at the time of a building permit or tenant finish permit application. [Emphasis added.] BASED ON THE EVIDENCE BEFORE IT, THE BOARD FINDS AS FOLLOWS: THAT, to avoid potential conflict with applicable building and fire codes and further to avoid a situation in which it is a requirement to provide storage control areas for hazardous materials in buildings where the need does not exist, it is in the interest of all parties involved to correct the error and to substitute the word "maximum" in place of the word "minimum" in Section XIII.4.i., Storage of Hazardous Materials, of the approved Willits Bend Planned Unit Development Guide. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Section XIII.4.i., Storage of Hazardous Materials, of the approved Willits Bend Planned Unit Development Guide should be revised to read as follows: There shall be a maximum of seven (7) storage control areas per building, as defined in the adopted fire and building code, including up to four (4) on the ground level and three (3) in the upper stories ofthe building. The use of all buildings, including specific storage requirements for hazardous materials, shall comply with this requirement, which shall be demonstrated at the time of a building permit or tenant finish permit application. THAT, Page 22 of the approved Willits Bend Planned Unit Development Guide, which includes Section XIII.4.i., Storage of Hazardous Materials, attached hereto as Exhibit "A", be and is hereby approved and shall become part of the approved Willits Bend Planned Unit Development Guide in place of the Page 22 which was previously approved. 2 THAT, all previous approvals and conditions of approval of the Willits Bend Planned Unit Development shall continue in full force and effect unless otherwise specifically changed or amended by the Board of County Commissioners. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners ofthe County of Eagle, State of Colorado, at its regular meeting held the La day of ~ 2007. ATTEST: AmM. Chairman ~A ~-&~/ Commissioner Teak J. Simonton Clerk to the Board of County Commissioners rL~Q Sara J. Fisher Commissioner - Ird,~ ~ Commissioner Y~A seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi Commissioner Peter F. Runyon Commissioner Sara J. Fisher ~ This Resolution passed by :?;t, vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 Exhibit "A" within Willits Bend PUD and, when there are multiple uses of a single building, the effect of an odor shall be measured along any wall, ceiling or floor of any building, condominium unit or separate use from which any odors or within any condominium unit or separate use. e. Water Quality I. No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Water Quality Control Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the County Environmental Health Manager and in compliance with the laws ofthe State of Colorado and the Environmental Protection Agency before operation ofthe facility may begin. f. Connection to Sanitary Sewer and Water Distribution Facilities 1. All uses within the PUD will be connected to the water distribution and waste waster collection facilities of the Mid-Valley Metropolitan District. g. Irrigation water will only be from an on-site well or from collected storm water run-off. h. Heat, Glare, Radiation and Electrical Interference 1. Every use shall be operated so it does not emit a dangerous or discomforting degree of heat, glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception, beyond the exterior wall of the building from which the noise emanates or any boundary line of the property on which the use is located or the individual condominium unit or separate use in which the use is located. Sources of emissions shall be shielded, operated indoors or pointed away from neighboring properties or units. 1. Storage of Hazardous Materials 1. There shall be a maximum of seven (7) storage control areas per building, as defined in the adopted fire and building code, including up to four (4) on the ground level and three (3) in the upper stories of the building. The use of all buildings, including specific storage requirements for hazardous materials, shall comply with this requirement, which shall be demonstrated at the time of a building permit or tenant finish permit application. 11. Ventilation chases shall be provided through the upper stories for each condominium unit designated for a commercial or light industrial use or Willits Bend PUD Guide Page 22