HomeMy WebLinkAboutR01-082 approval of sketch plan for Woodland HillsC
-VII
Commissioner moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2001 - Q O
APPROVAL
OF THE
PUD SKETCH PLAN for
WOODLAND HILLS,
FILE NO. PDS -00028
WHEREAS, on or about January 19th, 2001, the County of Eagle,
State of Colorado, accepted for filing an application submitted by
David Nudell (hereinafter "Applicant ") for approval of Woodland Hills
Planned Unit Development Sketch Plan, Eagle County File No. PDS- 00028;
and,.
WHEREAS, approval of the Application would allow for the
subdivision of an approximately 8.81 acre parcel of land into 88
multifamily units consisting of 76, two bedroom / 2 car garage units,
and 12, one bedroom / 1 car garage units, open / recreation space, and
a new bus stop; and,
WHEREAS, at its public hearing held April 4 2001 the Planning
Commission, based on its findings, recommended approval of the PUD
Sketch 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 29 2001, based on its findings, approved the
Sketch Plan with certain conditions; and,
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Sara J Fisher Eagle, CO 370
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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 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 as
specified in Article 4, Division 3, Sign Regulations The
draft Woodland Hills PUD guide will use the Eagle County
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 Sketch
Plan for PUD will be provided adequate facilities for sewage
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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 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. AS CONDITIONED 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.
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2. 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 PUD IS consistent with
the Master Plan, and it IS consistent with the Future Land
Use Map (FLUM) .
(2) Consistency 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.
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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 Woodland Hills 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. The applicant shall adhere to the Division of Wildlife memo
dated February 26th, 2001. This requirement shall be
incorporated as a component of the final Woodland Hills Park
PUD guide to be submitted with the Preliminary Plan
application. In lieu of kennels /yards, the applicant shall
incorporate strict leash laws with an escalating fine
structure.
3. Applicant shall comply with Eagle County's 1041 permit
regulations.
4. A permit for the proposed point of access must be obtained
from Eagle County prior to Preliminary Plan approval by the
Board of County Commissioners.
S. All recommendations made by the Colorado State Forest
Service memo dated March 9 2001, shall be incorporated
into the PUD guide and implemented at Building Permit
issuance.
6. The applicant shall adhere to, and address the Colorado
Geological Survey memo dated March 5 2001 as part of
Preliminary Plan. Specifically, the following conditions
apply to this application:
a) A detention storage of 11,200 cubic feet will be
required to detain the 25 year peak flow emanating from
a 12.6 acre drainage basin to the south. A new
drainage plan demonstrating where the drainage basin is
located is required at Preliminary Plan submittal.
b) Additional site - specific investigations.and analysis to
develop final design criteria for individual
foundations is required at Preliminary Plan submittal.
c) Foundation perimeter drains are required for any
building to help prevent infiltration and to control
wetting of potential expansive or collapsible soils in
the immediate vicinity of the substructure. This note
shall appear on the future Final Plat.
d) Erosion and sedimentation control methods should be
designed and in place prior to the start of grading.
Once grading is complete, additional geotechnical
investigations shall be performed to establish alluvium
thickness or depth to competent bedrock, density and
bearing capacity,.and depth to groundwater.
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e) Prior to construction, any adverse conditions
encountered shall be mitigated if necessary and
incorporated into the final design of foundations.
f) Existing septic tanks, leach fields, buried utilities,
foundations and likely debris from past and existing
uses must be excavated and disposed of offsite, not
graded into the fill. This condition is to be carried
over and incorporated as a condition of Preliminary
Plan approval.
7. Pursuant to a memorandum from the Eagle River Fire
Protection District dated March 3, 2001, all.the proposed
road networks must accommodate emergency vehicle turning
radii. Additionally, fire hydrant spacing on improvement
plans must be approved by the Eagle River Fire Protection
Department prior to Final Plat approval.
8. At the Applicant's request:
The approval of the 88 units, in regards to deed restrictions,
are as follows:
a) Must be Eagle County Resident or Eagle County Employer
to buy any unit (Similar documentary paperwork as used
in the Riverwalk PUD shall be incorporated).
b) Permanent 3% appreciation cap per year on 1 bedroom
product
i. 6 units at $120k, 6 units at $135k.
ii. Allowance for periodic fix -up along set guidelines
and prices for carpet, paint, appliances, etc. to
be first approved by the Homeowner's assn. And
then maximum sales price will be approved /signed
off by a County Designate, and such agreement to
be recorded at the County.
c) 5 year, 3% appreciation cap on 10, two (2) bedroom
units at $210k.
d) Initial and maximum price guarantees on all 1 bedroom
and 10, (2) bedroom units subject to:
i. No decrease in density.
ii. No unexpected requirements placed upon project
prior to Final Plat.
iii. No unreasonable (10% or greater) increase in the
cost of concrete,.asphalt, or lumber.
e) Any unit proposed to be re -sold with a 15% increase or
greater over the purchase price must pay a 1% transfer
fee to be paid to Eagle County Housing Division.
9. No building permits shall be issued for this project unless
projected sale costs can be met; and,
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.
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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 County of Eagl State of Colorado, at its regular meeting held
the /M, day of 2001, nunc pro tunc to the 29th day of
May, 2001.
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COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
BY:
Tom C. Stone, Chairman
ssioner
Commissioner
Commissioner seconded adoption of the
foregoing resolutio . The roll having been called, the vote was as
follows:
Commissioner Tom C. Stone . GLA•-j.P_
Commissioner Michael L. Gallagher
Commissioner Arn M. Menconi P
This Resolution passed by of the Board of County
Commissioner of the County of Eagle, State of Colorado.
