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HomeMy WebLinkAboutR98-096 Cordillera Southern Parcel Preliminary Plan ,J11", Commissioner 60. :4 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 98 - 7`p IN THE MATTER OF THE APPLICATION OF Galena Partners a For APPROVAL of a PRELIMINARY PLAN for the Cordillera, Southern Parcel, Phase I PLANNED UNIT DEVELOPMENT FILE NO: PDP -00011 WHEREAS, on or about May 28, 1998, the County of Eagle, State of Colorado, accepted for filing an application submitted by Galena Partners (hereinafter "Applicant ") for approval of a Planned Unit Development Preliminary Plan for the Cordillera, Southern Parcel, Phase I Planned Unit Development, File No. PDP- 00011 for the parcels of land described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, therafter Applicant withdrew that portion of its application identified as "Phase II "; and WHEREAS, as a condition to granting a zone change the Board of County Commissioners required Applicant to obtain Preliminary Plan approval for the "Southern Parcel ", as set forth in the Cordillera II PUD Guide approved by Resolution No. 92 -11; and WHEREAS, the applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in a 3 - sheet set of drawings titled "Preliminary Plat, Southern Parcel; Phase I & II, Filings No. 32 & 33, by Johnson, Kunkel & Associates, Inc. , dated May 20, 1998 , and received by Eagle County Department of Community Development on June 3, 1998 , and approved by the Board of County Commissioners (hereinafter "the Board ") on July 27, 1998; and as further described in the Cordillera Subdivsion Third Amended and Restated Planned Unit Development, PUD Guide, dated March 18, 1997 , 1 111111 11111 1111111 1111 1111 111111111111 I 665825 08/12/1998 04:35P 370 Sara Fisher 1 of 9 R 0.00 D 0.00 N 0.00 Eagle CO and received by Eagle County Department of Community Development January 8, 1997, and approved by the Board on April 1, 1997 ; and WHEREAS, public hearings were held by the Board on July 27, 1998, and WHEREAS, based 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 Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Cordillera, Southern Parcel, Phase I PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Cordillera Sketch Plan and conditions of approval, and the Cordillera II Preliminary Plan. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports on file pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Edwards Sub -Area Plan and the policies therein. Specifically with regard to the i • Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available. 2. To have a significant economic determinant to the Edwards area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off - street parking and loading space. (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between buildings, and insures that the PUD is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. (e) The developer has provided central water facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary recreational facilities conveniently located to residential housing. (g) Clustered housing and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. -3- • • (h) Maximum height of structures have been be established by the approved PUD plan. IV. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total 25% of the site area. (b) Residential density The density is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (commercial) No uses other than residential are appropriate after consideration of the Master Plan and individual characteristics of the subject land. (d) Architecture Each structure in the Planned Unit Development has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed to provide recreational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. -4- • (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing The applicant has provided for employee housing needs. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. An Environmental Impact Report was not required. 2. The information and conditions of Sketch Plan and Cordillera II Preliminary Plan have been addressed. 3. An application for a zone change was not required. 4. The PUD control document has been submitted, reviewed and has been recorded with the Clerk and Recorder. 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 Cordillera, Southern Parcel, Phase I Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of 12 dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Cordillera Subdivision Third Amended and Restated Planned Unit Development PUD Guide, dated March 18, 1997 , recorded in Book 722 at Page 893 on April 4, 1997, in the Office of the Eagle County Clerk and Recorders Office. The conditions which must be met prior to Final Plat approval are as follows: -5- . • 1. All development within the Southern Parcel shall be contained within the Squaw Creek Valley. Specifically, the following is not approved: a. Ridgeline development b. Development in the Lake Creek Valley c. Development visible to the Lake Creek Valley development corridor nor the I -70 corridor, as defined by the specific viewing points described in the Cordillera Phase II Preliminary Plan, Eagle County File No. PD- 293 -91 -P. 2. Final Plats for lands within the Southern Parcel shall include the designation of building height limitations in response to visibility analysis. 3. Vegetation at the edges of the development, specifically along the Lake Creek Valley ridgeline, shall not be permanently disturbed except where necessary to mitigate visual impact. 4. The Final Plat for Filing 32 shall be accompanied by a site plan indicating the location of a leach field and one alternate leach field site for each lot. THAT, the Cordillera, Southern Parcel, Phase I 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. THAT the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. 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. • -6- • • MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, St to of Colorado, at its meeting held the day of J <� , 19gr, nunc pro tunc the 27th day of July , 1998. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: w �� ' BOARD OF COUNTY COMMISSIONERS y BY : B Sara J. Fisher mimes E. Joh on, Jr. Chairman Clerk of the Board of County Commissioners 2/ BY: ,f .� Georg Gates, Commissioner BY: ...,• ` ohnnette Phillips, Commi sioner Commissioner N/1l seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by 3 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -7- • Exhibit "A" LEGAL DESCRIPTION Cordillera Subdivision Filing # 32 ( Phase 1 ) Know all men by these presents that Galena Partners, a Colorado General Partnership and GMAC / Residential Funding Corporation, being sole owners in fee simple, mortgagee or lienholder of all that real property situated in Eagle County, Colorado described as follows: A parcel of land situated in Sections 12, Township 5 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado, being all of Lot 1 and part of Lot 9 in said Section 12, according to the Independent Resurvey of said Township and Range as approved on June 20, 1922 by the Surveyor General: said parcel being more particularly described, with all bearings herein based on a bearing of S.00 °29'35 "E. between two found 2 %2 inch GLO Brass Cap Monuments, on 1 inch iron pipe, Dated 1920, being the Northwest Corner of Section 7, Township 5 South, Range 82 West, of the 6 Principal Meridian and the East '/4 Corner of Section 12, Township 5 South, Range 83 West, of said 6th Principal Meridian. Beginning at the Northwest Corner of Section 7, Township 5 South, Range 82 West of said Sixth Principal Meridian, being a found 2 '/2 inch G.L.O. brass cap monument on a 2 inch iron pipe; thence S.00 °29'35 "E. 1789.49 feet along the easterly boundary line of said Lots 1 and 9 and said Section 12 to a set 5/8 inch rebar with a 1 '/2 inch aluminum cap monument stamped P.L.S. 23089, from which the northerly of said basis of bearing monuments bears S.05 °04'35 "W. 3495.46 feet distant; thence, leaving said easterly boundary line, the following two (2) courses; 1) thence N.78 °52'05 "W 858.72 feet; 2) thence N.00 °05'08 "W 303.96 feet to the Southwest Corner of said Lot 1, being a found 2 3 /4 inch brazed cap monument on a 2 '/2 inch iron pipe stamped P.L.S. 20695; thence N.00 °05'08 "W. 1329.87 feet along the westerly boundary line of said Lot 1, being also the easterly boundary line of Cordillera Subdivision Filing No. 3, according to the Resubdivision Plat thereof recorded in Book 616 at Page 19 in the Clerk and Recorder's Office of said Eagle County, the easterly boundary line of Cordillera Subdivision Filing No. 3, according to the Final Plat thereof recorded in Book 561 at Page 209 in said Clerk and Recorder's Office and the easterly boundary line of Cordillera Subdivision Filing No. 4 according to the Amended Final Plat thereof recorded in Book 632 at Page 599 in said Clerk and Recorder's Office, to the Northeast Corner of said Lot 1, being a found 2 3 /4 inch brazed cap monument stamped P.L.S. 20695 on a 2 '/2 inch iron pipe; thence, leaving said westerly Lot 1 boundary line, N.89 °56'04 "E. 829.15 feet along the northerly boundary line of said Lot 1, being also the southerly boundary line of said Cordillera Subdivision Filing No. 4 and the southerly boundary line of Cordillera Subdivision Filing No. 1 and 2, according to the First Amended Final Plat thereof recorded in Book 490 at Page 195 in said Clerk and Recorder's Office, to the Northeast Corner of said Section 12, being a found 2 '/2 inch G.L.O. brass cap monument on a 2 inch iron pipe; thence, leaving the northerly boundary line of said Lot 1, S.02 °21'54 "E. 11.15 feet along the easterly boundary line of said Section 12 and of said Lot 1 to the Point of Beginning. • • Exhibit "A" Containing 32.941 acres, more or less; have by these presents laid out, platted and subdivided the same into lots and blocks as shown on this final plat under the name and style of Cordillera Subdivision Filing No. 32, a subdivision in the County of Eagle; and does hereby accept the responsibility for the completion of required improvements; and does hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby dedicate those portions of said real property which are indicated as easements on the accompanying plat as easements for the purpose shown herein; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. � „, rrr r s .. -. J. �� cal•, IP F # 23089 >� 2308 Lit , E a Il>J