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Home My WebLink AboutR01-022 approval of PUD for Kodiak Park1 � Commissioner of the f lowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 - APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR KODIAK PARK FILE NO. PDS -00024 f adoption WHEREAS, on or about September 8th, 2000, the County of Eagle, State of Colorado, accepted for filing an application submitted by Ace & Jennifer Lane and Rob Cumming of Wind River Development (hereinafter "Applicant ") for approval of the Planned Unit Development Sketch Plan for Kodiak Park, Eagle County File No. PDS- 00024; and, WHEREAS, in 1992, the Eagle County Board of County Commissioners, by Resolution No. 92 -75, approved a Special Use Permit for a private water ski lake on this parcel; and , WHEREAS, in 1994, the Eagle County Board of County Commissioners, by Resolution No. 94 -87, approved a Special Use Permit for a landscape nursery on this parcel; and, oING— WHEREAS, in 1994, the Eagle County Board of County Commissioners approved an Amendment to the Zone District Map to re -zone this parcel to Planned Unit Development (POD) and approved a PUD Preliminary Plan which included a ski lake, existing single- family and ranch uses, 18,000 square feet of service commercial uses, and open space; and, WHEREAS, in 1997, the Eagle County Board of County Commissioners approved a one -year extension to the PUD Preliminary Plan approval to allow the Applicant to secure access through the adjacent Blue Ridge Lane and, Page 1 of 9 IIP III�tlIIPIIIN111IIII INI11Nllll Page: ' ,a =.. Sara Fisher Eagle CtY. CO 370 R 0.00 WHEREAS, the Applicant did not submit an approval of a final plat for the approved PUD within the time period specified in the Eagle Regulations, including the extension, and the Plan approval has lapsed and is no longer in and, application for Preliminary Plan County Land Use PUD Preliminary force and effect; WHEREAS, the Eagle County Board of County Commissioners has not taken any affirmative action to subsequently amend the Zone District Map as it relates to this parcel; this parcel currently zoned Planned Unit Development (PUD) and the uses designated in the lapsed PUD Preliminary Plan are no longer permitted uses; and, WHEREAS, the Applicant subsequently requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: A mixed use Planned Unit Development including the following uses: • 29 live /work artist lofts; • Artist and craftsperson studios (shops); • Wholesale trade, office, retail; • 6 residential lots; • 5 deed restricted affordable housing units; • Clean manufacturing; • Daycare center; • A community barn /center; • Forty -five unit lodge comprised of a mix of cabins and a traditional lodge; • Restaurant; • Retail and wholesale nurseries; • Water ski,lake and ancillary marina uses; • Restricted open space (total restricted open space: approx. 127.5 acres); • Common open space comprised of one large park and trail systems (total common open space: approx. 23 acres); • Agriculture (pasture land). • parking. *total commercial space approx. 209,640 square feet (includes approx. 20,000 of unheated, covered storage) Applicant intends to create a defined, community - oriented live /work development that serves the needs of area artisans and craftsmen, while allowing the existing single family, ranch, ski lake, marina and nursery uses to remain. Page 2 of 9 1 01 Water and sewer will be provided by Mid Valley Metropolitan District; access is via U.S. Highway 82 as well as an access road which is proposed to connect with the adjacent property, Blue Ridge, to the northwest; and, WHEREAS, notice of the Sketch Plan was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 2.17.02(1); and, WHEREAS, at its public hearings held December 7th, 2000, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval of the proposed PUD Sketch Plan, with certain conditions; and WHEREAS, at its regular hearings of January 2nd, 2001, the Eagle County Board of Commissioners (hereinafter "Board "), considered the PUD Sketch Plan, associated plans, the recommendation of the Roaring Fork Valley Regional Planning Commission, and the statements and concerns•of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons. BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS: ■ Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: (1) Unified ownership or control. It IS represented that title to all land is owned or controlled by one (1) entity. (2) Uses. Uses that may be developed through the proposed 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 or Table 3 -320 for the zone district designation in effect for the property at the time prior to approval of the now lapsed PUD Preliminary Plan. But such uses MAY be allowed by approval of a variation pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.f., Variations Authorized that permits the integration of mixed uses Page 3 of 9 or allows for greater variety in the type, design and layout of buildings. (3) Dimensional Limitations. It CAN NOT be demonstrated that the dimensional limitations are as 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 CAN BE authorized prior to or at Preliminary Plan pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.f.(3)(d) & (f), Variations Authorized (4) Off - Street parking and Loading. Off - street parking and loading provided in the PUD DOES comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards Applicant HAS NOT demonstrated that cause exists for a reduction in these standards for one of the following reasons: (q) Shared Parking: That because'of shared parking arrangements among uses within the PUD that do not require peak parking for 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: That the actual needs of the project's residents, guests, and employees will be less than those set by Article 4, Division 1, Off- Street Parking and Loading Standards (5) Landscaping. Landscaping provided in the PUD DOES comply with the standards of Article 4, 'Division 2, Landscaping and Illumination Standards (6) Signs. The PUD sign standards ARE as specified in Article 4, Division 3, Sign Regulations (7) Adequate Facilities. The applicant HAS demonstrated that the development proposed by the PUD will be provided with 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. Page 4 of 9 (8) Improvements. The improvement standards applicable to the development ARE as specified in Article 4, Division 6, Improvements Standards, except that it has NOT been demonstrated that there is safe, efficient access to all areas of the proposed development, and it has NOT been demonstrated that the existing principal vehicular access points are designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. However the highway access permit issuing authority has indicated that safe, efficient access to all areas of the proposed development, with principal vehicular access points which are designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic, MAY BE granted which conforms to the State Highway Access Code . (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistency with Master Plan. The PUD IS consistent with the Master Plans, including, but not limited to, the 1996 Future Land Use Map (FLUM). (11) Phasing. A Phasing Plan is NOT applicable for a PUD Sketch Plan. (12) Common Recreation and Open Space. (a) Minimum Area The PUD DOES comply with recommended "minimum open air recreation or other usable open space, public or quasi - public "; (b) Improvements Required Common open space and recreational facilities, and a construction schedule for each phase of development, are NOT REQUIRED for a PUD Sketch Plan. (c) Continuing Use and Maintenance All privately owned common open space SHALL be required in the Preliminary Plan for the PUD to continue to conform to its intended use; and restrictions and /or covenants SHALL be required to ensure that all the common open space identified in the PUD will be used as common open space, to ensure its maintenance, and to prohibit the division of any common open space. Page 5 of 9 (d) Organization Adequate provisions for organizational controls of maintenance, administration, operation, and insurance ARE NOT provided, but may be a part of Preliminary Plan. (13) Natural Resources Protection. The PUD HAS considered the recommendations made by the applicable analysis documents, as well as the recommendation received by responding referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards Wildlife Protection (Section 4 -410); Development in Areas Subject to Geologic Hazards (Se 4 -420); Development in Areas Subject to Wildfire Hazards (Section 4 -430); Wood Burning Controls (Section 4 -440); Ridgeline Protection (Section 4 -450); Environmental Impact Report (Section 4 -460). ■ Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: (1) Consistency with Master Plan. The proposed subdivision IS consistent with the Eagle County Master Plan /s. (2) Consistent with Land Use Regulations. The proposed subdivision IS consistent with the Eagle County Land Use Regulations. (3) Spatial Pattern Shall Be Efficient. The project 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 "leap frog" pattern of development." (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under -sized lines. Page 6 of 9 C 01 (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un- served area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and WILL NOT adversely affect the future development of the surrounding area. 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 _Kodiak Park be and is hereby granted, subject to compliance with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. All garbage receptacles shall be bear proof, as deemed necessary by the Division of Wildlife memo dated October 11,2000. This requirement shall be incorporated as a component of the final Kodiak Park PUD guide. 3. Any agreement with the Mid Valley Metropolitan District, as per a memo dated September 2,1999 must been finalized prior to Preliminary Plan submittal. 4. A permit for the proposed point of access must be obtained prior to Preliminary Plan approval by the Eagle County Board of County Commissioners. 5. Applicant must participate with both Eagle County and the Roaring Fork Transit Authority when decisions are made concerning public transit in their area. 6. An emergency access (for the lodge and cabins) shall be addressed as part of the Preliminary Plan. Page 7 of 9 7. Mosquito control shall be included as part of the Preliminary Plan. 8. Hours of operation shall be included as part of the Preliminary Plan. 9. The Kodiak Park PUD guide must address boat usage (includes models of boats, etc). 10. Preliminary Plan phasing plan must address trail development. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Co y of Eagle, State of Colorado, at its regular meeting held t-Ae , 2001, nunc pro tunc to the 2nd day of January, 2 l. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS e Y: Tom C. Stone, Chairman BY: Michael Gallagher, BY: Arn M. of 9 oni, Commissioner Commissioner - z220 .AJrzZ�'z seconded adoption of the foregoing resoluti The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Arn Menconi bzol This Resolution passed by r3 `C) vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 9 of 9