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HomeMy WebLinkAboutR01-076 approval of preliminary plan for Southern Parcel Phase II CordilleraWHEREAS, on or about August 29th, 2000, the County of Eagle, State of Colorado, accepted for filing an application submitted by Kensington Partners (hereinafter "Applicant ") for approval of the Cordillera Planned Unit Development Preliminary Plan for the Southern Parcel, Phase II, Eagle County File No. PDP - 00019; and, WHEREAS, approval of the Application would allow for the subdivision of an approximately 448 acre parcel of land into 4 single family lots with caretaker units (Lot 1- 63.906 ac; Lot 2- 56.6 ac; Lot 3- 69.99 ac; and Lot 4- 72.472 ac), and one open space parcel; and, WHEREAS, at its public hearing held April 18 2001 the Planning Commission, based on its findings, recommended approval of the Preliminary Plan with certain conditions; and WHEREAS, at its public hearing was held by the Board of County Commissioners (hereinafter the "Board ") of the County of Eagle, State of Colorado, May 8 2001, based on its findings, approved the Preliminary Plan with certain conditions; and, 1 r (J Commissione-1, moved adoption M B of the .following Resolution: e+ a- w m CD ° m m r •-• N O LO W RESOLUTION 1`� O a m of the COUNTY OF EAGLE, STATE OF COLORADO m RESOLUTION NO. 2001 a r APPROVAL OF THE 0 PRELIMINARY PLAN for the Southern Parcel, Phase II, i� W Cordillera PUD Filing 33 N FILE NO. PDP- 00019 N WHEREAS, on or about August 29th, 2000, the County of Eagle, State of Colorado, accepted for filing an application submitted by Kensington Partners (hereinafter "Applicant ") for approval of the Cordillera Planned Unit Development Preliminary Plan for the Southern Parcel, Phase II, Eagle County File No. PDP - 00019; and, WHEREAS, approval of the Application would allow for the subdivision of an approximately 448 acre parcel of land into 4 single family lots with caretaker units (Lot 1- 63.906 ac; Lot 2- 56.6 ac; Lot 3- 69.99 ac; and Lot 4- 72.472 ac), and one open space parcel; and, WHEREAS, at its public hearing held April 18 2001 the Planning Commission, based on its findings, recommended approval of the Preliminary Plan with certain conditions; and WHEREAS, at its public hearing was held by the Board of County Commissioners (hereinafter the "Board ") of the County of Eagle, State of Colorado, May 8 2001, based on its findings, approved the Preliminary Plan with certain conditions; and, 1 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 .("the Board "), finds as follows: (1) That proper publication and public notice were provided as required by law for the hearings before the Planning Commission and the Board; and, 1. 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. 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 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. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE 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. - (4) Off - Street parking and Loading. 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. (5) Landscaping. Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards (6) Signs. The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, Sign Regulations However, the current Cordillera PUD has a comprehensive sign plan, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD) that IS suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The Applicant HAS clearly demonstrated that the development proposed in the F facilities for sewage disposal, electrical supply, and roads; the applicant HAS 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. In addition, the Applicant HAS demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. AS CONDITIONED It HAS 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. (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 Plan, including, but not limited to, the Future Land Use Map (FLUM). (11) Phasing. A phasing plan IS NOT necessary for this development. (12) Common Recreation and Open Space. The PUD HAS 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. (13) Natural Resources 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 2. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch and Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM) . (2) Consistent with Land Use Regulations. The Applicant HAS 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 (3) Spatial Pattern Shall Be Efficient. 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. (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. (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 SHALL NOT adversely affect the future development of the surrounding area. 4 r C 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 Preliminary Plan for the Southern Parcel Phase II 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 (septic system) designs will be subject to a memorandum from the Environmental Health Department, dated March 6 th , 2001. 3. Pursuant to a memo from the Colorado Geological Survey, dated March 13 2001, all building permits shall require both a geotechnical soils and foundation investigation, and slope stability analysis (for houses proposed to built on slopes of 30% or more). 4. Stamped approval from a geotechnical engineer (evaluating the stability of the proposed road) must be submitted with the Final Plat. 5. Road construction shall occur only between April i and December 1St 6. Wildfire interface plans shall be approved by the Board of County Commissioners and the Community Development Department prior to Final Plat submittal. (See also Exhibit 'A') 7. Horses shall be limited to two (2) (per lot) with all feed to be brought in. Areas labeled "pastures" on the plan, as approved, shall be used as riding and /or exercise areas only. ( See also Exhibit 'B') 8. Applicant shall adhere to a memorandum from the Eagle County Engineering Department dated March 7 th , 2001.; and, THAT the Preliminary 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. 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. 9 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagl ,, State of Colorado, at its regular meeting held the &6L day of 41,n ate_ 2001, nunc pro tunc to the 8th day of May, 2001. oF�tr 0 e l c ° <oRa� ATTE 4ara BY . Fi sher Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 0 BY: Tom C. Stone, Chairman BY: Mich BY: Commissioner seconded adoption of the foregoing resolu ion. The roll having been called, the vote was as follows: Commissioner 'Tom C. Stone Commissioner Michael L. Gallagher Commissioner Arn M. Menconi 11 This Resolution passed by ZZga te of the Board of County Commissioner of the County of Eagle, State of Colorado. 6 Arn M. Menconi, Commissioner Exhibit A DEFENSIBLE SPACE GUIDELINES for CORDILLERA, SUBDIVISION Brian Kurtz Colorado State Forest Service The wildland urban interface is the zone on the landscape where structures and other development meet or intermingle with undeveloped wildlands or vegetative fuels. Defensible space is an area developed and maintained around a structure where fuels (flammable materials) are cleared, modified, or otherwise treated to slow the spread of wildfire to the structure, as well as, from the structure to the surrounding areas. Defensible space providev a place from which structure protection and fire suppression operations may occur. Distances within the defensible space area are measured from the farthest projection of the house (drip line) to the closest branch of vegetation (drip fine). Al defensible space areas should be`in with an area 3 -5 feet wide where nothin is planted, particularly if the house is sided with wood, logs, or other flammable material. Decorative rock or gravel creates an attractive, easily maintained non - flammable ground cover. If the house has non - combustible siding_ widely - spaced foundation plantings of low growing shrubs are acceptable. Do not piant shrubs directly under windows or next to foundation vents. Be sure there are no areas of continuous grass adjacent to the shrubs in this area. Extend ravel coverage under any deck or projection of the house larger than two feet (eaves, overhangs, etc.). Next an area extending out an additional 10 -12 feet should be cleared of all large vegetation, including trees and shrubs, for a total distance of l5 feet from the structure to the nearest branch on a tree. Mow grasses to a maximum of 6 inches during the growing season. The size of the defensible space is based on structure size and slope of the ground. An average percent slope for the land above and below the structure should be obtained. Then refer to the chart below to determine the total distances for your defensible space from the furthest projection of the structure. Defensible Snag Dimensions S lope M Distance Uphill and Sides Distance Downhill 00 70 70 05 76 76 10 80 86 15 86 96 20 90 106 25 96 116 30 100 130 35 106 146 40 110 160 >45 116 200 The final prescription exists on the land extending 15 feet from the structure to the edge of your defensible space. The objective in this area is to'modify the fuels (trees) continuity and arrangement. The goal is to obtain a 10 foot average separation between tree crowns (green part). To achieve this objective, primarily suppressed and diseased trees are removed including an occasional mature tree to provide adequate fuel separation. Prune remaining trees SO that lowest G C branches are 3 to 10 feet above the ground. Remove all ladder fuels beneath the trees. Ladder fuels are small shrubs, trees, and tree limbs that can allow a fire to climb into a tree top. The defensible space area should be cleared of all slash (limbs and branches) and flammable debris. Most dead trees should be removed. Wildlife only need two or three dead trees per -? e. - Be sure that these trees cannot fall onto the house or block access roads. Locate firewood and propane tanks in the outer porion of this segment. This firewood storage area should be located on contour or uphill of the structure. Beyond the defensible space area traditional forest management activities should be implemented. WL FIRE & FIRE PROTECTION GUh,,MNES CORDILLERA FILING #33 — PHASE Il SOUTH PARCEL Wildfire Regulations: To reduce the wildfire hazard, areas of Cordillera have been categorized into four hazard classes corresponding to the degree of wildfire hazard. These classes, A, B, C, and X, listed below, are used to define the extent of mitigation necessary to minimize exposure to wildfire risks: • Class A is a low hazard category in which tlutigatkon for wildfire hazards are not required. • Class B is a moderate hazard category in which mitigation to reduce wildfire hazards are . required. • Class C is a severe hazard category that includes conifer stands with dense crowns, steep slopes, or existing slash of standing dead timber. Mitigation to reduce wildfire hazards is required. • Class X is a severe hazard category that includes dense brush vegetation less than ten feet tall. Mitigation to reduce wildfire hazards is required within this class As can be seen from the following table, all Lots 1, 2, 3, & 4 within Phase 11 of the Cordillera Southern Parcel (aka Filing 33) are within Wildfire Hazard Class X: Lot Wildlife Corridor Wildfire Class Harrington Penstemon Habitat Minimum Home Size (sq ft) Maximum Home Size (sq ft) Additional Bldg Height Restrictions Shared Access Required Log Home Const Caretaker Unit 1 Outside X Within 2,500 18,000 Yes No Allowed Allowed 2 Within X Within 2,500 18,000 Yes No Allowed Allowed 3 Within X Within 2,500 18,000 Yes No Allowed Allowed 4 Within X Wi&n 2,500 18,000 Yes No I Allowed Allowed Accordingly, the following wildfire regulations are to specifically apply to Phase II of the Cordillera Southern Parcel and are to supplement the Cordillera Design Guidelines for the Divide, Ranch, and Mountain Tract subdivisions: • Noncombustible Underwriter Laboratories approved roof materials are required in Wildfire Hazard Classifications A, B, C, and X. • Cedar Shake roofing may only be used if treated with fire retardant. Fire retardant cedar shakes must be pressure impregnated. No surface only application of fire retardants on wood shake roofing is allowed. • Implementation of a fuel reduction program to establish a defensible space is encouraged in Wildfire Hazard Classification A and is required in Wildfire Hazard Classifications B, C, and X. Such fuel reduction program shall be in accordance with the "Defensible Space Guidelines for Cordillera Subdivision ". Reference attached for Defensible Space Guidelines. • All horizontal surfaces such as decks and patios are encouraged to be constructed with. fire impervious materials such as stone or pavers. Fire Protection Regulations: • All permanent buildings within Phase 11 of the Cordillera Southern Parcel must be constructed with an approved fire suppression system Consult the Cordillera Design Review Board Administrator for information regarding specifications of such systems for permanent buildings within all Lots 1, 2, 3, & 4 of this parcel. • For information on the central well water system, fire hydrant protection, water storage, and water distribution system for Phase II of the Cordillera Southern Parcel, please reference the Engineering Improvement Plans for Cordillera Filing 33. 05115101 Page I of I Exhibit `B' Western Ecosystems, Sm. fco gical Consultants 905 West Coach 7c'oaO ; 3oulki -. CO 80302 (303)442-6144 May 10, 2001 Mr. Matt Dean Cordillera 2206 Cordillera Way P.O. Box 988 Edwards, Colorado 81632 -0988 Re: Commitments to equestrian management on Cordillera's Southern Parcel, Planning Parcels 0-2 (Lot 1), 0-3 (Lot 2), and 0-4 (Lots 3 and 4). Dear Matt: Per direction provided by the Eagle County Board of County Commissioners at the May 8, 2001 Preliminary Plan hearing for the above home sites on Phase II of the Southern Parcel, outlined below are equestrian provisions that are consistent with those previously adopted and in effect at Cordillera's The Territories development. Owner(s) of each of the four home sites on Phase II of the Southern Parcel will be permitted to seasonally keep up to 2 horses on their lot under the following conditions: A. Horses shall be contained within fenced areas, contiguous with each home's building envelope, as shown on the Final Plat. Approximate sizes of fenced areas to contain horses shall not exceed the following. Lot 1, 10 acres; Lot 2, 10 acres; Lot 3, 5 acres; and Lot 4, 4 acres. There shall be no structures located within the fenced areas. Barns, stalls, trailer storage, or other equestrian facilities shall be contained within the building envelope. B. Fencing used to contain horses shall be of a design that facilitates local and migratory wildlife movements, optimizes habitat availability, and reduces wildlife mortality, with the exception noted in Paragraph C, below. Fencing approval will be under the purview of the Design Review Board or Property Owners' Association. A design employing three- strand, smooth -wire fence, with strands located at 18, 30, and 42 inches above mean ground level is considered by the Colorado Division of Wildlife (CDOW) to be compatible with wildlife movements. Other designs may also be acceptable, but require approval by the CDOW or the project wildlife biologist and the Design Review Board or Property Owners' Association. Gates in the fence that can be opened outside the period when livestock are present would further facilitate wildlife use. C. Owners are permitted a separate, nested, horse corral within the larger fenced area provided that it is contiguous with the home building envelope and it does not enclose more than , 0.5 acres. Corral CII Mr. Matt Dean May 10, 2001 Page 2 fencing may be incompatible wildlife movements to more securely contain the horses. T he purpose of such a corral is to concentrate horse impacts on vegetation to a subset of the overall fenced area and for use as a feeding area and more convenient holding facility. The purpose of the larger fenced area outside any corral is for owners to exercise and train horses. D. To preserve critical big game forage values, it shall be prohibited for owners to graze horses or other livestock on their lots and elsewhere on the Southern Parcel, unless part of a valid, Cordillera Wildlife Committee and CDOW authorized wildlife enhancement program. Owners hereby recognize that plant resources within the fenced horse areas are inadequate to feed the horses. Owners also recognize that horse grazing and use may adversely affect ve getation v t'iin fenced areas. While horse gr ..ina and browsing will occur in fenced equestrian areas, is Cordillera's intention that existing vegetation be maintained in its present condition to the extent practicable. To that end, all feed required to maintain horses on individual lots shall be supplied. Hay used to feed horses must be certified weed free. This will help reduce the spread of noxious weeds that have degraded wildlife habitats elsewhere. Hay storage will be in a barn to exclude elk and deer access. E. Owners whose horses graze their property, that of an adjacent Cordillera property owner, and /or common open space areas in violation of this agreement shall be required by the County, CDOW, and the Design Review Board or Property Owners' Association to reclaim the property to its former condition. Fines will be imposed following the spirit of guidelines detailed under enforcement of pet restrictions applicable to the overall Cordillera PUD. F. Owners are prohibited from boarding any horses other than their own or those of their Southern Parcel (Lots 1 -4) neighbors. This is permitted to encourage neighbors to reduce the number of corrals or fenced equestrian areas in this important wildlife habitat area. Horses of other Cordillera property owners may be kept overnight for up to two consecutive nights (i.e., a weekend) at an owners' private (Lots 1 -4) facilities, but longer stays shall constitute boarding, which shall be prohibited. Commercial boarding shall be prohibited, with the exception of remuneration between neighbors, as defined above. G. Owners of Lots 1 -4 intending to board horses on -site shall submit a Horse Nfanagement Plan to the Cordillera Design Review Board prior to ground breaking for any equestrian facilities and before any horses are kept on -site. The Horse Management Plan shall address: • the proposed type, design, and location of all horse facilities, including fencing. • the number horses to be boarded and the duration they are to be kept. • proposed waste management. • proposed runoff management. • proposed feed management. • proposed trailer storage. • documentation and credentials of a caretaker to manage the horse(s). Mr. Matt Dean May 10, 2001 Page 3 Please call me if you or the County have any questions Sincerely, < Richard W. Thompson Certified Wildlife Biologist Western Ecosystems, Inc. RWT /s REFERENCES: Thompson, R.W. 1997. Wildlife mitigation agreement for The Territories at Cordillera. Western Ecosystems, Inc. Boulder, CO. July. 12 p.