HomeMy WebLinkAboutR99-190 Miller's Creek sketch and preliminary planCommissione% L �J 4 moved adoption
of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 99 - Z90_
APPROVAL
OF THE COMBINED SKETCH AND PRELIMINARY PLAN OF THE
MILLER'S CREEK ON THE EAGLE RIVER, FILING 2 PLANNED UNIT
DEVELOPMENT
FILE NO: PDSP - 00010
WHEREAS, on or about May 7, 1999 the County of Eagle, State
of Colorado, accepted for filing the application submitted by S-
Mac Miller's Creek L.L.C., A Colorado Limited Liability Company
(hereinafter "Applicant ") for approval of the PUD Combined Sketch
and Preliminary Plan of the Miller's Creek on the Eagle River,
Filing 2 Planned Unit Development, File No. PDSP - 00010 and,
WHEREAS, approval of the Application would allow for the
development of two duplex structures (four dwelling units) and a
twelve -space parking lot for the benefit of the adjacent property
owner, all on 2.046 acres to be incorporated into the existing
Miller's Creek on the Eagle River PUD; and,
WHEREAS, pursuant to Section 5 -210.I Consolidation of Sketch
and Preliminary Plan Applications of the Eagle County Land Use
Regulations, Sketch Plan and Preliminary Plan may be combined;
WHEREAS, at its public hearing held August 18, 1999, the
Planning Commission, based on its findings, recommended approval
of the proposed Combined Sketch and Preliminary Plan of the
Miller's Creek on the Eagle River, Filing 2 Planned Unit
Development, with certain conditions; and,
WHEREAS, public hearings were held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on
August 30, 1999, September 13, 1999, and October 25, 1999; and,
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WHEREAS, baseu -on the evidence, testimony � exhibits, 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, finds as follows:
1. That proper publication and public notice was provided
as required by law for the hearing before the Planning
Commission and the Board of County Commissioners.
2. That pursuant to Eagle County Land Use Regulations
Section 5- 240.F.3.f.(3) Basis for Granting Variations:
a variation from use or dimensional limitations is
required to create lots less than 35 -acres in the
underlying Resource Zone District and may be granted
when the Board of County Commissioners finds that the
Preliminary Plan for PUD achieves one (1) or more of
the following purposes and that the granting of the
variation is necessary for that purpose to be achieved.
(d) Trails. The proposed PUD Amendment DOES make
contributions to the County's multi -use trail
system in accordance with the recommendations of
the latest version of the Eagle County Trails
Plan, and also appropriates forms of access ... to
public lands and to river and creek drainages in
Eagle County.
(f) Public Facilities. The proposed PUD Amendment
DOES develop public facilities, including but not
limited to public transportation facilities,
public recreation facilities and similar
facilities.
3. 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
represented that tit
controlled by one (1
affected land owners
this application.
control. It IS NOT
e to all land is owned or
entity; however that all
have given written consent to
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(2) Uses. Uses that may be developed through the
proposed PUD Amendment 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
of the application for PUD. Variations of these
use designations ARE authorized pursuant to
Section 5- 240.F.3.f, Variations Authorized
(3) Dimensional Limitations. 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.
(4) Off- Street_parl�.ing and Loading. The proposed off -
street parking and loading DOES comply with the
standards of Article 4, Division 1, Off - Street
Parking and Loading Standards of the Eagle County
Land Use Regulations.
(5) Landscaping. It HAS been demonstrated that
landscaping to be provided for structures
contemplated by the PUD Amendment complies with
the standards of Article 4, Division 2,
Landscaping and Illumination Standards Applicant
HAS demonstrated that the proposed landscaping
provides sufficient buffering of uses from each
other (both within the PUD and between the PUD and
surrounding uses) to minimize noise, glare and
other adverse impacts; creates attractive
streetscapes and parking areas; and is consistent
with the character of the area.
(6) Signs. A comprehensive sign plan for the PUD that
is determined to be suitable for the PUD EXISTS
within the Miller's Creek on the Eagle River PUD
Guide.
(7) Adequate Facilities. The applicant HAS
demonstrated that the development proposed by the
PUD Amendment will be provided with adequate
facilities for potable water supply, sewage
disposal, solid waste disposal, electrical supply;
and will be conveniently located in relation to
schools, police and fire protection, and emergency
medical services; the applicant HAS demonstrated
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that - development proposed by -'the PUD Amendment
will be provided with adequate facilities for fire
protection and roads.
(8) Improvements. The improvement standards
applicable to the development ARE NOT as specified
in Article 4, Division 6, Improvements Standards.
It HAS been demonstrated that the development may
deviate from the County's road standards so the
development achieves greater efficiency of
infrastructure design and installation through
clustered or compact forms of development or
achieves greater sensitivity to environmental
impacts under the following minimum design
principles:
(a) Safe, Efficient Access. It HAS been
demonstrated that there is safe, efficient
access to all areas of the proposed
development.
(b) Internal Pathways. It HAS been demonstrated
that internal pathways form a logical, safe
and convenient system for pedestrian accesses
with appropriate linkages off -site.
(c) Emergency Vehicles. It HAS been demonstrated
that the roadways are designed to permit
access by emergency vehicles to all lots or
units.
(d) Principal Access Points. It HAS NOT been
demonstrated that the principal vehicular
access points are designed to provide for
smooth traffic flow, minimizing hazards to
vehicular, pedestrian or bicycle traffic.
(e) Snow Storage. Adequate areas for snow
storage HAVE been provided on the plans
submitted.
(f) Variance from Improvement Standards Granted.
A Variance from the Improvement Standards set
forth in Article 4, Division 6 was granted on
October 25, 1999 by the Board of Eagle County
Commissioners pursuant to File. No. VIS-
00004.
(9) Compatibility With Surrounding Land Uses. The
development proposed for the PUD Amendment IS
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comratible with the character o ` ; 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 for the PUD Amendment HAS
been provided; guarantees SHALL be provided for
public improvements and amenities that are
necessary and desirable for residents of the
project, or that are of benefit to the entire
County. Such public improvements shall be
constructed with the first phase of the project,
or, if this is not possible, then as early in the
project as.is reasonable.
(12) Common Recreation and Open Space. The PUD
Amendment DOES comply with the following common
recreation and open space standards: (a) Minimum
Area Recommended "minimum open air recreation or
other usable open space, public or quasi - public"
(as defined) is 250; (b) Improvements Reouired
All common open space and recreational facilities
shall be shown on the FINAL PLAT for the PUD
Amendment and shall be constructed and fully
improved according to the development schedule
established for each development phase of the PUD
Amendment. (c) Continuing Use and Maintenance Not
applicable: refers only to deed restrictions
and /or deed covenants. (d) Organization Common
open space is proposed to be maintained through an
association or nonprofit corporation, and such
organization shall manage all common open space
and recreational and cultural facilities that are
not dedicated to the public, and shall provide for
the maintenance, administration and operation of
such land and any other land within the PUD not
publicly owned, and secure adequate liability
insurance on the land.
(13) Natural Resources Protection. The PUD Amendment
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
Pry- action (Section 4 -410); Development in Areas
Subject to Geologic Hazards (Section 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).
4. That 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 NOT in compliance 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
that the Board of Eagle County Commissioners has,
on October 25, 1999, authorized a Variation from
the Uses specified in Table 3 -300 pursuant to
Section 5- 240.F.3.f.(3) of the Eagle County Land
Use Regulations, Basis for Granting Variations
and has further granted a Variance from the
Improvement Standards set forth in Article 4,
Division 6 pursuant to File No. VIS- 00004.
(3) Spatial Pattern Shall Be Efficient. The spatial
pattern IS 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." IT CAN be
shown that:
(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 Countv Road Capital
Improvements Plan
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r
(b) 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:
"Generally, utility extensions shall only be
allowed when 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, 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.
(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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, subject to the conditions set forth below, the
application submitted by S -Mac Miller's Creek L.L.C., A Colorado
Limited Liability Company for approval of the combined Sketch and
Preliminary Plan for the Miller's Creek on the Eagle River,
Filing 2 Planned Unit Development be and is hereby approved for
the following described parcel of land:
See: EXHIBIT A
attached hereto and thereby incorporated herein by reference
THAT, the following conditions are hereby placed upon this
approval:
W
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1. Final Plac'Requirements. All requirements for Final
Plat pursuant to Section 5.280.B.5 of the Eagle County
Land Use Regulations shall be met, including, but not
limited to
a. Revised Subdivision Improvements Agreement. A
revised Subdivision Improvements Agreement shall
be submitted that incorporates all requirements
for the Miller's Creek on the Eagle River PUD and
Miller's Creek on the Eagle River Filing 2,
including, but not limited to the Filing 2
represented fee -in -lieu contribution to Eagle
County trails and driveway construction
specifications attached to this Resolution as
EXHIBIT B and thereby incorporated herein by
reference.
b. School Land Dedication Fee -in -lieu. The fee -in-
lieu shall be $3,043.95.
2. Landscape Irrigation Plan. A landscape plan that
conforms to the requirements of Section 4 -240.
Installation and Maintenance Requirements shall be
submitted with the application for Final Plat.
3. Planned Unit Development (PUD) Agreement. Pursuant to
Section 5- 240.F.3.h.(1) a PUD Agreement shall be drawn
between the Applicant and Eagle County, and signed by
the Applicant and Board of Eagle County Commissioners
at such time as this Resolution approving the combined
Sketch and Preliminary Plan for the Miller's Creek on
the Eagle River, Filing 2 Planned Unit Development
shall be signed by the Board.
4. All Material Representations. Except as otherwise
modified by these conditions of approval, all material
representations of the Applicant in its submittal
package and in public hearing shall be binding.
THAT, the Combined Sketch and 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. 24 -68 -101, et seq.
MOVED, READ, AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
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meeting held the day of /�/�ri>P�rn �/�' 1999, nunc pro
tunc to the 2S day of October, 1999.
IGI ON:
I.l
Commissioner
adoption to the foregoing resolution
called, the vote was as follows:
seconded
roll having been
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr. �w ^�
Commissioner Tom C. Stone tt
This resolution passed by X3'0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
E
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Attachment A
to Resolution for File PDSP -00010
LEGAL DESCRIPTION LEGAL DESCRIPTION
A parcel of land located in the Southwest 114 of the Southeast 114
and in the southeast 1/4 of the Southwest 114 of Section
4, Township 5 South, Range 82 West of the 6th Principal Meridian according to
the Dependent Resurvey and Survey of said Township and Range accepted September
7, 1977 more particularly described as follows:
Beginning at a point, being the South 1/4 corner of Section 4 a 3n
brass cap monument found in placer
thence along the west line of the Southeast 114 of Section 4 N 02
01 R 12.85 feet;
thence departing said west line and along the east line of the Reaervs
On The Eagle River N OD S 459.96 fast to a point on the Southerly
Right -Of -Way S 67 0 38'40" E 10.14 feet to a point on the west line of the
Southwest 2/4 of Section 4;
thence continuing along said Southerly right -of -way and along said
Westerly line of the Southeast 114 of Section 4 N 02 °01'34" 8 49.72 feet;
thence departing from the Westerly line of the Southeast 114 of Section 4
and continuing along said Southerly right -of -way along the arc of a non - tangent
curve to the left 282.99 feet, having a radius of 1960.00 feet a central angle
of 05 0 20 1 57" and a chord which bearer S 72 0 03'09" S 182.92 feet to the Northwest
Corner of .Miller's Creak Subdivision;
thence along the West Zinc of said Subdivision 6 02 0 01 1 52" W 469.20 feet
to a point on the South line of the Southeast I%4 of Section 4;
thence along said'South line N 89 9 00'58" W 175.89 feet
To The Point Of Beginning.
COUNTY OF EAGLE
STATE OF COLORADO
NSA fl/ B IR A UN ASS0 _ III A ' i_So 11 INC
PI ANNING and
October 18, 1999
Ms. Jean Garren
Eagle County Department of Community Development
Eagle County
P.O. Box 179
Eagle, CO 81631
Attachment S
to Resolution for File PDSP -00010
DRIVEWAY CONSTRUCTION
RE: Miller's Creek Filing No. 2, files ZC- 00033/PDA- 00022 /PDSP -00010
Dear Jean:
Attached you will find two sets of revised construction plans for Miller's Creek. These revisions
were prepared in response to John Vengrin's memo'dated September 7 th and to County
Commissioner's comments made at the road variance hearing on September 7 I have not
submitted copies of the plat as it has not changed since the revised plat was submitted following
the Planning Commission hearing.
The following summarizes our response to John's memo:
A driveway is proposed to provide access to the four new units. In accordance with the
recommendation of the Planning Commission and continents made at the Commissioner's
hearing, the portion of the driveway that serves more than three units (approximately the first
90') is designed to be 20' in width. With regard to any health/safety issues, Avon Fire has
reviewed this plan and has provided a letter indicating their support for this design. This
driveway is designed with 6" of base course and 3" of asphalt — a cross - section identical to a
road standard. From the standpoint of durability, this driveway will perform equal to a road
design and will not result in increased maintenance costs to the owners.
The proposed design is our preferred alternative. However, we are also very interested in
obtaining approvals from the Commissioner's on Monday. In the event the variance request
is not acceptable to the Commissioner's, our alternative is to simply withdraw the variance.
As an alternative, conformance with the LUR will be demonstrated at time of building permit
and will be accomplished by constructing a driveway that will serve three units and a second
driveway that will serve the westerly % duplex. Not the preferred solution, but one we prefer
over the driveway being constructed to a road standard.
Minturn Ironworks Building Phone - 970.8225797
201 Main Street, 2nd Floor Fax - 970.8275507
Post Office Box 776 wwwbraunassouates.com
Minturn. Colorado 81695
2. Plans, profiles and cross - sections for the Reserve parking lot and the portion of the driveway
that will serve more than three units have been prepared.
I Runoff from the north half of River Ranch Road (an existing road) drains onto the adjacent
Reserve Condominiums. This drainage is directed through the Reserve parking area into a
cobble -lined swale. The conveyance of stormwater runoff off -site was coordinated with the
Reserve during the construction of this road and the adjacent Reserve parking area this past
year. The design of River Ranch Road was approved in 1998 and is not proposed to be
changed by this development application for the Miller Parcel. A letter from the Reserve
acknowledging their consent to this situation is attached.
4. No comment.
5. Based on your memo of September 9 1h , it is our understanding that the landscape plan
submitted is satisfactory.
6. The sidewalk from the parking area to the Reserve has been added to construction drawings.
7. An exhibit is attached which indicates sight line distances from both the proposed driveway
and the proposed entry to the Reserve parking lot.
8. Modifications to service lines on the utility have been made.
9. Our revised plans do not integrate the Reserve parking area with the proposed driveway as
suggested by you in September. While we remain open to other ideas, we feel that the
redesign/integration of the parking area with the driveway would not benefit the project, nor
would it provide a benefit to those who live in Miller's Creek or the Reserve. Our perspective
on this situation is that the driveway and the Reserve parking area are two separate issues.
The redesign of the parking area will not solve Engineer's issue with the driveway — unless
we design the driveway to a road standard, something we are not interested in doing. Given
the Planning Commission's recommendation for approval and the fact that the proposed
driveway design is in conformance with the LUR (as per conversation with John Vengrin
following the Commissioner's hearing in September), I would ask that we put discussion of
the parking area to rest and focus on the driveway as the only remaining site design issue.
I have attached a revised copy of PUD Guide. This document has been amended with the
addition of a section pertaining to amendments. This section has been modeled after amendment
provisions of other PUD Guides that have been approved by the County. You will also find a
letter from Steve MacDonald and consent letters from owners within Miller's Creek.
Please let me know if you have any questions regarding this information. Thank you again for
your assistance with this project. I trust you will pass along a copy of this letter and the revised
plans to John.
Sinc rely,
Thomas A. Braun, AICP
encl.
cc: Steve MacDonald
