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HomeMy WebLinkAboutR04-003 Edwards Storage Facility Denial PUD Sketch Plan • • • Commissioner ■ i moved adoption of th following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 — (Y23 DENIAL OF EDWARDS STORAGE FACILITY PUD SKETCH PLAN FILE NO. PDS -00036 WHEREAS, on or about May 23` 2003, the County of Eagle, State of Colorado, accepted for filing an application submitted by Rodmart Properties, LLC (hereinafter "Applicant ") for approval of a Planned Unit Development Sketch Plan for the Edwards Storage Facility, File Nos. PDS- 00036; and, WHEREAS, the Applicant requested the approval of a PUD Sketch Plan which would allow the applicant to create a mixed use PUD which allows two (2), approximate 31,000 sq. ft., enclosed recreational vehicle and mini storage buildings with a 2,000 -3,000 sq. ft. dwelling unit attached to each building. This development was to built on 2.339 acres in west Edwards. One of the dwelling units was to be used for the property manager /caretaker, with the other unit to be offered as a rental; and, WHEREAS, the property is currently an unplatted lot in west Edwards (see attached Exhibit `A'); and, WHEREAS, notice of the PUD Sketch Plan were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearing(s) held September 17 2003, the Eagle County Planning Commission, based upon its findings, recommended denial, of the proposed PUD Sketch Plan; and, Page 1 of 5 • • WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter the "Board ") of the County of Eagle, State of Colorado, on November 4 2003 to consider this PUD Sketch Plan application; and, WHEREAS, the PUD Sketch Plan for Edwards Storage Facility does not propose activities that constitute a Subdivision, therefore, the board of County Commissioners is not required to make findings for Section 5 -280 Subdivision for Sketch Plan. 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 was provided as required by law for the hearings before the Planning Commission and the Board. 2. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review of a Sketch and Preliminary Plan for PUD: (1) Unified ownership or control. The title to all land that is part of this PUD IS owned or controlled by one (1) person and/or 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 -320, "Commercial and Industrial Zone Districts Use Schedule ", however, these uses ARE NOT uses allowed in Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use Schedule" applicable to the zone district designation in effect for the property at the time of this application for PUD. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT 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 would have been be 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 at Preliminary Plan, if this proposal was approved. (5) Landscaping. It would have been demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Page 2 of 5 Illumination Standards at Preliminary Plan, if this proposal was approved. (6) Signs. The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, Sign Regulations. (7) Adequate Facilities. The Applicant HAS NOT clearly demonstrated that the development proposed in the this Sketch Plan for PUD will be provided adequate facilities for sewage disposal, and roads; the applicant HAS NOT clearly demonstrated that the development proposed in the Sketch 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. It HAS NOT 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 NOT compatible with the character of surrounding land uses. (10) Consistent with Master Plan. The proposed Sketch CANNOT be entirely shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of applicable master plans. (11) Phasing. A phasing plan IS NOT necessary for this development (12) Common Recreation and Open Space. The PUD HAS NOT 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; (d) Organization. (13) Natural Resource 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 Page 3 of 5 • • Standards, have been considered. 3. Other. Pursuant to Section 5- 240.F.2.a.(15).(a), which states: (15) Any or all of the following requirements, as determined by the Community Development Director, based on the complexity of the proposal: (a) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned. The applicant HAS NOT validated these uses. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Sketch Plan for Edwards Storage Facility File No. PDS -00036 be and is hereby denied. THAT 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 Eagle, State of Colorado, at its regular meeting held this o7X day 2004, nunc pro tunc to the 4 day of November, 2003. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY sp,G4 COMMISSIONERS ATTEST: co BY: 4 „ / c0 00RPv O BY: Teak J. Simonton Michael L. Gallagher, Chairman Clerk to the Board of County Commissioners BY A at . Stone, ommissioner BY:t Arn M. Menconi, Commissioner Page 4 of 5 • Commissioner, G j� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Am M. Menconi�� This Resolution passed by ote of the Board of County Commissioner of the County of Eagle, State of Colorado. 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N NOTES USE OF THIS MAP SHOULD BE FOR y ildk GENERAL AND INFORMATIONAL PURPOSES ONLY. EAGLE COUNTY DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. FAGl.f. CCUNTr