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HomeMy WebLinkAboutR01-006 approval of PUD for Star RouteCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO �1 RESOLUTION NO. 200 - APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR STAR ROUTE PUD FILE NO. PDS -00025 WHEREAS, on or about September 7, 2000, the County of Eagle, State of Colorado, accepted for filing an application submitted by Star Route Enterprises (hereinafter "Applicant ") for approval of the Planned Unit Development Sketch Plan for the Star Route PUD, File No. PDS- 00025; WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: A mixed use enclave that would consist of: • A central restaurant/cafe facility; • Three artisan studio workshops; • Two employee housing units; • A greenhouse; • A roadside stand; • Open space with a picnic area and pedestrian paths. I 11111111111111111111111111111111111111111111111111111 III 747489 01/04/2001 04:21P 370 Sara Fisher 1 of 7 R 0.00 D 0.00 N 0.00 Eagle CO C Gi WHEREAS, notice of the Sketch Plan was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearings held November 15th, 2000, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed PUD Sketch Plan, with certain conditions; and WHEREAS, at its regular hearings of December 18th, 2000, the Eagle County Board of Commissioners (hereinafter 'Board "), considered the PUD Sketch Plan; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Eagle County Planning Commission. BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS: 1. The 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 PUD: 2. Unified ownership or control. [Section 5- 240.F.3.e (1)] - The title to all land that is part of this PUD is owned or controlled by one (1) person. 3. Uses. [Section 5- 240.F.3.e (2)] - The uses that may be developed in the PUD are not 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" for the zone district designation in effect for the property at the time of the application for PUD. However, variations of these use designations may be authorized pursuant to Section 5 -240 F.31, Variations Authorized at Preliminary Plan approval. 4. Dimensional Limitations. [Section 5- 240.F.3.e (3)] — The dimensional limitations that shall apply to the PUD are not 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. However, variations may be granted along with approval of the Preliminary Plan. 2 C/ I " 5. Off - Street Parking and Loading. [Section 5- 240.F.3.e (4)] - It has been demonstrated that off - street parking and loading provided in the PUD complies with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards without a necessity for a reduction in the standards. 6. Landscaping. [Section 5- 240.F.3.e (5)] - Landscaping provided in the PUD does comply with the intent of standards of Article 4, Division 2, Landscaping and Illumination Standards 7. Signs. [Section 5- 240.F.3.e (6)] - The sign standards applicable to the PUD may be as specified in Article 4, Division 3, Sign Regulations At Preliminary Plan application, the Applicant will submit a comprehensive sign plan for the PUD, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD) that may be suitable for the PUD and provide the minimum sign area necessary to direct users to and within the PUD. 8. Adequate Facilities. [Section 5- 240.F.3.e (7)] - The Applicant has clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for sewage disposal, electrical supply, and roads; but has not clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, solid waste disposal and fire protection. However, it appears that the Applicant may be able to demonstrate that adequate facilities exist in the Preliminary Plan. 9. Improvements. [Section 5- 240.F.3.e (8)] - 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, the Applicant may be able to demonstrate that improvement standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards in the Preliminary Plan. 10. Compatibility With Surrounding Land Uses. [Section 5- 240.F.3.e (9)] - The development proposed for the PUD is compatible with the character of surrounding land uses. 11. Consistency with Master Plan. [Section 5- 240.F.3.e (10)] - The PUD is not consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). However, the Applicant may be able to demonstrate consistency in the application for Preliminary Plan. 12. Phasing Section 5- 240.F.3.e (11) - A phasing plan has not been provided for this development. However, a sufficient phasing plan may be provided as part of the Preliminary Plan. 13. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] - The PUD has not demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: 1. Improvements required; 2. Continuing use and maintenance; or 3. Organization. However, the Applicant may be able to demonstrate in the Preliminary Plan that the proposed development will comply with the common recreation and open space standards. 14. Natural Resource Protection. [Section 5- 240.F.3.e (13)] - The PUD does not fully 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. However, the Applicant may be able to demonstrate that adequate consideration has been given in the application for Preliminary Plan. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: 15. Consistent with Master Plan. [Section 5- 280.B.3.e (1)] - The PUD is not consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). However, the Applicant may be able to demonstrate consistency in the application for Preliminary Plan. M 16. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - The Applicant has not fully demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts and Article 4, Site Development Standards However, it appears that the Applicant may be able to meet the applicable standards at application for Preliminary Plan approval. 17. Spatial Pattern Shall Be Efficient. [Section 5- 280.B.3.e (3)] - The proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 18. Suitability for Development. [Section 5- 280.B.3.e (4)] - The property proposed to be subdivided is suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 19. Compatible With Surrounding Uses. [Section 5- 280.B.3.e (5)] - The proposed . subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. ADDITIONAL FINDINGS: 20. PUD Guide [Section 5- 240.F.2.a.(8)] - Applicant has submitted a PUD Guide that demonstrates that the requirements of this Section may be fully met in the Preliminary Plan. 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 Planned Unit Development Sketch Plan for Star Route PUD be and is hereby granted, subject to compliance with the following conditions: That prior to Preliminary Plan approval, the Applicant show evidence that water in sufficient quality and quantity will be available for the project. 5 2. That the proposed PUD Guide be modified to provide provisions for the ownership, care and maintenance of open space and common recreation areas. 3. That the proposed PUD Guide be modified to provide provisions related to long term control and management of dwelling units allocated for employee housing. 4. That prior to Preliminary Plan approval issues identified in the referral response from Eagle County's Housing Department be addressed. 5. That prior to Preliminary Plan approval the Applicant sufficiently demonstrate that Industrial and Commercial performance standards will be applied relative to the handling, storage and disposal of hazardous material used on the site, and that measures will be in place to protect the proposed septic system and leach field from the improper disposal of hazardous material. 6. That the application for Preliminary Plan approval incorporate and/or resolve the recommendations of Eagle County Engineering, HP Geotech, David L. Despeaux the Northwest Colorado Council of Governments, Colorado State Forest Service and the Colorado Geological Survey as they relate to development on this site. 7. That a detailed Site Development Schedule be submitted as a part of the application for Preliminary Plan approval identifying specific improvement items and related time lines for the proposed phasing of the project. That all material representations made by the applicant in submitted materials and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 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. Sketch Plan approval is expressly conditioned on the County's authority to impose further restrictions or limitations on the PUD which are necessitated by impacts which are not yet recognized or which are more severe than realized under the review given at the hearings on the Sketch Plan. 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. C, C " MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 2nd day of January, 2001, nunc pro tunc to the I8th day of December, 2000. n , � O _ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS c OLORI , BY: _ BY Sara J. Fisher Clerk of the Board of County Commissioners BY BY: Commissioner Commissioner 90A A seconded adoption of the foregoing resolution. The roll having been called, the vM was as follows: Commissioner Tom C. Stone Q.U't Commissioner Michael L: Gallagher Commissioner Johnnette Phillips Q 9411 This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 7