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HomeMy WebLinkAboutR99-129 approval of amendment of arrowhead at vail PUDCommissioner ` l 77t7� P moved adoption of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9-9-- APPROVAL OF AMENDMENT OF THE ARROWHEAD AT VAIL PLANNED UNIT DEVELOPMENT FILE NO. PDA -00010 WHEREAS, on or about April 1, 1999 the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail / Arrowhead, Inc. (hereinafter "Applicant ") for amendment of the Arrowhead at Vail Planned Unit Develooment ,(hereinafter the "PUD"), File No. PDA- 00010 and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of changing the approved building height in Tract D - the Village Core area, as permitted in Appendix F of the Amended and Restated Guide to the Planned Unit Development Plan for Arrowhead at Vail, from 55' to 75 relocating and enlarging slightly that portion of the Village Core area(shown on Exhibit C hereto)which allows for a 75' building height; moving Daybreak Ridge Road to the north, thus increasing the size of Tract D and decreasing the size of Tract C (as described on Exhibit A hereto); changing the land use designation for the remainder of Tract C from Village Core to Openspace and Recreation; and amending the Amended and Restated Guide to the Planned Unit Development for Arrowhead at Vail (attached hereto as Exhibit B); and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meeting held May 19. 1999 the Planning Commission, based upon its findings, .recommended approval of the proposed PUD Amendment; and WHEREAS, at its public meeting hearing of June 1. 1999 the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence, testimony,'exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: Pursuant to Section 5- 240.A.1.F.3.m., Amendment to Preliminary Plan for Planned Unit Development Eagle County Land Use Regulations: (1) The modification, removal, or release of the provisions of the plan ARE consistent the efficient development and preservation of the entire Planned Unit development. (2) The modification, removal, or release of the provisions of the plan does NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest. (3) The modification, removal, or release of the provisions of the plan is NOT granted solely to confer a special benefit upon any [one] person. Pursuant to Section 5- 240.F.3.e, Standards for the review of a Sketch and Preliminary Plan for PUD, Eagle County Land Use Regulations: (1) It IS represented that title to all land is owned or controlled by one (1) person. (2) Uses that may be developed in the PUD ARE those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3 -000 or Table 3 -320 for the zone district designation in effect for the property at the time of the application for PUD. (3) The proposal DOES meet the purposes listed for granting a Section 5- 240.F.3.f.[3] variation. (4) It HAS been demonstrated that off- street parking and loading provided in the PUD comply with the standards of Article 4, Division 1, Off- Street Parking and Loading Standards (5) Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards (6) The PUD sign standards ARE as specified in Article 4, Division 3, Sign Regulations `a a 3 f (7) The applicant HAS demonstrated that the development proposed 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. (8) It HAS been demonstrated that the improvement standards applicable to the development are as specified in Article 4, Division 6, Improvements Standards; or that the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts: (a) It HAS been demonstrated that there is safe, efficient access to all areas of the proposed development. (b) Internal pathways DO form a logical, safe and convenient system for pedestrian accesses with appropriate linkages off -site. (c) It HAS been demonstrated that the roadways are designed to permit access by emergency vehicles to all lots or units. (d) The principal vehicular access point IS designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. (e) Plans HAVE been provided showing adequate areas for snow storage (9) The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) The PUD IS consistent with the Master Plans, including, but not limited to, the Future Land Use Map (FLUM). (11) The PUD DOES include a phasing plan for the development. (12) The PUD 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 25 %; (b)All common Open space and recreational facilities are shown; (c) Continuing Use and Maintenance all privately owned Open space shall continue to conform to its intended use; (d) Organization Adequate provisions for organizational controls of maintenance, administration, operation, and insurance are provided. Aµ J (13) 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 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by'Vail Arrowhead,'Inc. for amendment of the Arrowhead at Vail Planned Unit Development be and is hereby granted subject to the following conditions: 1) The Applicant shall submit an Amended Final Plat for Bachelor Gulch Village, Filing No. 3, Tracts C, D and Daybreak Ridge Road prior to issuance of any building or other related permits. All associated site improvements in compliance with required Improvement Standards shall be subject to collateralization. 2) The intersection of Daybreak Ridge Road and Bachelor Gulch Trail Road shall be designed to a maximum design speed of twenty (20) miles per hour and the Amended Final Plat shall show Clear Site Easements preserving all site distances for this intersection. 3) Section XI.22, paragraph C, on page 43 of The Amended and Restated Guide to the Arrowhead at Vail Planned Unit Development shall be amended to read as follows: Maximum Building Height For the areas within Tract D depicted on Appendix F: 75 feet, except for chimneys. All other areas within the Village Core: 45 feet, except for architectural features such as chimneys, towers and steeples. The Board 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 Eagle, State of Colorado, at its regular meeting held the 12th day of July 1999, nunc pro tunc to the 1st day of June 1999. 0 V- .1 � T COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: Johnnette Phillips, ChaFirman e- BY: - 1W E. J Commissioner L ;/) /)' e seconded adoption of the foregoing Resolution. Th roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Johnnette Phillips - Commissioner James E. Johnson, Jr. niece This Resolution passed by �— vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5