HomeMy WebLinkAboutR04-009 Elliott Ranch PUD Amendment 0 Commissioner � /� moved adoption of the following Resolution: 1' BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - /1)019 A RESOLUTION APPROVING AN AMENDMENT TO THE ELLIOTT RANCH PLANNED UNIT DEVELOPMENT Eagle County File No. PDA -00043 WHEREAS, on or about February 18, 2003, the County of Eagle, State of Colorado, accepted for filing an application submitted by Ttessah, LLC, (hereinafter "Applicant ") for amendment of the Elliott Ranch Planned Unit Development located in unincorporated Eagle County, Colorado (hereinafter the "PUD "), Eagle County File No. PDA- 00043; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the PUD Guide to re -define the "lodge" use on Lot 1 of the Elliott Ranch PUD. 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 Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meetings held May 21 and June 18, 2003, the Eagle County Planning Commission, based upon its findings, recommended conditional approval of the proposed PUD Amendment; and WHEREAS, at its public meetings of June 3, July 1, August 19 and September 16, 2003, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and II 11111 11111 1111 11E11 1 870202 Page: 1 of 14 03/09/2004 12:05P Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Eagle County Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: Unified ownership or control. The title to all land that is part of this PUD is not owned or controlled by one (1) person. However, The Applicant does own Lot 1, which is the Lot directly affected by the proposed changes. 2. Uses. All of the proposed additional uses that may be developed in the PUD are not uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. However, a variation of these use designations is authorized pursuant to Section 5-240 F.3.f., Variations Authorized. 3. Dimensional Limitations. The dimensional limitations that shall apply to the PUD are those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 4. Off-Street Parking and Loading. It has previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The additional parking does meet the strict parking requirements of the Land Use Regulations. Landscapes. Landscaping provided in the approved PUD Preliminary Plan has been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. As approved, the amended PUD Preliminary Plan will continue to comply with applicable standards. 6. Si ns. The sign standards applicable to the PUD are as specified in Article 4, Division 3, Sign Regulations, and in the PUD Control Document currently in effect for Elliott Ranch PUD. 2 7. Adequate Facilities. It has previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. As approved, the PUD Amendment will not adversely affect the provision of adequate facilities for potable water supply, sewage disposal, solid waste disposal, and electrical supply, fire protection and roads; and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. Improvements. It has previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. As approved, the PUD Amendment will not adversely affect improvements regarding: safe, efficient access; internal pathways; emergency vehicles, principal access points; and snow storage. 9. Compatibility With Surrounding Land Uses. The development proposed for the PUD has been determined to be compatible with the character of surrounding land uses. As approved, the amended PUD will continue to be 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). The proposed PUD Amendment will not adversely affect the consistency with the Master Plan. 11. Phasin A phasing plan is not required for this PUD Amendment. 12. Common Recreation and Open Space. It has previously been determined that the development does comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. As approved, the amended PUD will not adversely affect common recreation and open space within the PUD with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. I3. Natural Resource Protection. It has previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. As approved, the amended PUD will not adversely affect natural resource protection. 3 Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: Consistent with Master Plan. The PUD is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Master Plan. 2. Consistent with Land Use Regulations. It has previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. As approved, the amended PUD Preliminary Plan will continue to comply with the regulations, policies and guidelines of the Land Use Regulations. 3. Spatial Pattern Shall Be Efficient. It has previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment does not adversely affect the spatial patterns in the area. 4. Suitability for Development. It has previously been determined that the site was suitable for development. As approved, the amended PUD Preliminary Plan does not adversely affect suitability of the site for development. 5. Compatible With Surrounding Uses. It has previously been determined that the development is compatible with other development in the area. The approved PUD Amendment does not adversely affect the compatibility of the resulting development with surrounding uses within the PUD. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminary Plan for PUD: 1. The proposed PUD Amendment (1) is consistent with the efficient development and preservation of the entire Planned Unit Development, (2) 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, and (3) is not granted solely to confer a special benefit upon any person. 4 Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation: Applicant has submitted a PUD Guide which incorporates the necessary revisions to effect the proposed PUD Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by the Ttessah, LLC., for amendment of the Elliott Ranch Planned Unit Development be and is hereby granted with the following conditions: The applicant shall demonstrate, prior to approval of a resolution regarding this PUD Amendment by the Board of County Commissioners, that the operator has a written parking plan, satisfactory to the Board, that requires the owner/operator of the Lodge to limit the number of patrons and the number of cars so that parking for patrons and employees is limited to the parking spaces provided on Lot 1, and that in no event shall cars be allowed to park on Elliott Road, the nearby Frontage Road, nor the drive from the Frontage Road to the site. 2. The Applicant shall demonstrate prior to approval of a resolution regarding this PUD amendment by the Board of County Commissioners [a] that any necessary permits to construct in the 100-year floodplain have been issued by the Eagle County Engineer; and [b] that any necessary 404 permits have been issued by the Army Corps of Engineers, and/or that satisfactory evidence be provided that all previous and proposed improvements on the site have been approved by the Army Corps of Engineers. Further, if any variation occurs between the approved site plan and that permitted under any requirements imposed as a result of either a permit to construct in the 100-year floodplain or any Army Corps of Engineers permit, the Director of Community Development shall determine either that the resulting revised site plan is substantially consistent with the site plan and applicable conditions approved as part of this PUD amendment, or shall refer the revised site plan to the Board of County Commissioners for further review. 3. The Applicant shall demonstrate prior to approval of a resolution regarding this PUD amendment by the Board of County Commissioners that a contract for fire service has been executed with the Town of Vail Fire and Emergency Services, and that any required improvements have been or will be made in a timely manner. 4. A road impact fee as described in Section 4-710, Road Impact Fees, of the Land Use Regulations shall be paid prior to approval of a resolution regarding this PUD amendment. 5. A complete amended and restated PUD Guide shall be provided within two weeks of approval of the PUD amendment that is consistent with action of the Board of County Commissioners. 6. Prior to approval of a resolution regarding this PUD amendment by the Board of County Commissioners, the Applicant shall provide, a manner satisfactory to the County Engineer, [a] a site plan and all required engineering detail, including that which demonstrates that on-site drainage on Lot 1 will be properly managed, including run-off from the parking areas and the snow storage areas; and [b] sufficient information regarding on-going maintenance of proposed improvements. 7. The Applicant shall provide, prior to approval of a resolution regarding this PUD amendment by the Board of County Commissioners, a revised site plan which depicts all proposed and approved landscaping on Lot 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 be considered conditions of approval. THAT, the Board hereby approves the Site Plan dated February 26, 2003, and revised on October 17, 2003, attached hereto as Exhibit "A"; and THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and attached hereto as Exhibit "B"; and THAT, the Board hereby approves the Lodge Parking Plan attached hereto as Exhibit "C"; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of 2004, Hunt pro tunc to the 16`fi day of September 2003. 6 COUNTY OF EAGLE, STATE OF o$ ~'c~.`,,z~~ COLORADO, by and Through Its ATTEST: ~ " ~ ~, OARD OF COUNTY COMMISSIONERS »: ~ f~ -- ` G c~coa~~' ,.. By: Teak J. Simonton Tom C. Stone Clerk to the Board of Chairman n A County Commissioners ~ , J n ,/ Michael L. Gallagher Commissioner Arn M. Menconi Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi Commissioner Tom C. Stone This Resolution passed by ~ 3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 7 Proposed Tree (by proms) ~a Cottonwood Existing >'~ Aspm Existing Spruce ExlatFq Rock WaN r Drainage Flow ~ Hydrant _ 'Nola Valve © Deemed Pedntd U krigalion Contrd Box A wy wire ~9^ floor Elevollon BMd1r110rk • Survey Manumml ~.~ UWity Pile Ex1et. Y Contour • ..r . ExM. ttY Contour ~. ~..` ~ Propeeed 10' Contow i ~' Propoxd Y Contow Q Proposed Aapndt Povammt .sae Propowd Spol Elevation 17 rtew read r'%i. Space Slgn sure created Vood Stop, Note 10 .,sell Poridng Surfoce Grode Spat Elevntkx+s for grade) xpacted FK~ !~ ~ ~ \ `6• Compacted Road Bose Scorlfy and exlstipact ~' of tig colt STALL SECTION cortsTr~ucntxa notes Grade z a n ° ~ m m < ~ I r o ~ ~ E m m m I 1 F n o w. a+ w 8 n o e 1 1 m m H N 17 H I 1 0 0 a o. § ; ~ z ~ _ ~ S~ a_ ~ o i ch Exlst. Grnd~ Edge of Road 1_ Site worts wnsista o/ reconfiguring and adding parking spaces and dumpater pod for lot 1 Bong EBlot Road Right of Way oa shown. Parking stills ore kxoted dung the edge of right-o/-woy and are 20' deep by 10' wide of the mid-deptA o/ the still. Work shots dso consist o/ paving the opprodchp to the existing bridge. 2 Benchmark Devotion Datum Fs boned on NAVD-88 (Vo0 G'i'S Datum). Actual Flood Devotion hosed on 2003 FIRM is 7!161.5 of Me midge and 7884.8' of the east edge of Me property. 3. Trees shown in proposed pakng spocp shah be relocated on-site oa d'ireeted by Owner. 4• Parking aeon ahaN De galled to draft os shown with o trtitkrwrn slope of 2X ra Parking aeo subgrade shill its scarified to o depth o/ 4 Inches, moistwe treated to -2 le +2 Ascent o/ apt'xnum moistwa content, arrd reeomprxted to of leant 95X of standard Proctor density. 8- parking awfoee shah De finished wits B~ chick b t10>t moterid in accpdonce tvRh Colorado Ya oT rood Tiensportotion StarWard Oeparbnent o! Catatruction, Section 703~tfieotions Tor Rood and Bridge Aggregate Bose Course- Coss 6 eanpoeted l0 t>SX o/ atarwlord Proctor densit)t Traot aurlxe wits drat pdNotive (Megneskert Chkeride} , 7. Draiwg. 5wde ahaN consist o- 4' diameter perTorotad PVc Pipe bedded in TY of dean gradd and covered by 6 roan ye~o~ J l0 6 itdt cobbles, P'pe stroll be aleped Tx mil. to 8. Controets shill cats for U!'IRty Locates before diggktg. 9- Proposed catcrele dumpsts pod shill be 6~ thkk reinforced wile H bar of 12' o.c each woy located mid-eepch ai s1ab. Consete ahaN hove compressive skengfh o/ FOOD psi (28-day} Mir yldl Aovo Type !-M portlond cement with 4 to OX air mtrairrreenl. Rebor shop be per ASTM A613, Bode 80. Prepare Eaaring sur/aee subbase witlt 6' 01 3/~' minus dean 9r~- 14 Curb steak be 8x6 presswe trextled timbers txntituous around porking area os shown pbced wits lop d timber of Bode. pv0 Stops shah W 6x6 x 8' long prssswe Ilesled timbers placed a7 mown and secwed to bwer et goAe limbs with two spikes pa ash atop. ». Bridge oppoach pavement section design anaM consist or o TO' thick doss 6 lose course motaid compoeted to 95X standard Proctor densty and a S' thick bittsrtirtuoua osphdt pavement Byer. The existing swtoee to be paved snag be galled to provide o 2X Doss-lope crown warped to match the bridge of the pavement-Midge inler/oee. Ths existing gavel rood 10 feel beyond the edge o} new ospndt sndl be recorntrucled with o T0~ thick doss 6 rood hose moterid. gOded to match the 2,S pavement section and the existing good rood beyond. Contractor sndl retoet o 9eotedwticd engines to provide compaction testirtq far roadway and pakxtg Oren CanslNetion. 12. Elliot Rood shill De treated with dust poNiotlve m d1 gavel swfoces. 13. Erosion conird and ov and worts polution contrd shdi be psfortned with construction wotc, straw boles, sgt force used kt conformance with Best Monogemmt Practices. 1 1 Bmd ,Elevot /, PARKING STALL NUMBERS STORAGE AREA 1 thru 12 North of parking stops 13 East of moat entrance HE(y td thru 17 North of parking stops tp :'+-~~ 2 North and Fos! o/ Parkin 3a0s1 b~7-~ ~___ - ._ _.____ __ ~~' ~ L _. _- ____._..__ _ ,_ -~ y ~ i ~ U 4 ~~ ~ ~ a ~. 0) F m z ~p .U ~ ~ dl O q ~ a~ O ~ o~ ti s % ~Y e g a3 s r-Y .~ 3 3 ~ry~~~ H W Y y, 0 2 m W p 2 ~ ~ ~ ~ ,~ 1 ~, --_ :/'~ Htgk Wo1a ' ~ ~ Exhibit "B" Amended Planned Unit Development Guide For Elliott Ranch Planned Unit Development The P.U.D. control documents shall conform to the Eagle County Land Use Regulations and the following: 1. Definition. As used herein, the following words and terms shall have the following meanings: Subdivision - Elliott Ranch PUD Lot - A lot within Elliott Ranch Primary/Secondary Lot - A lot which can be used solely for residential purposes and upon which not more than two dwelling units in a single structure shall be permitted. The maximum floor area of the secondary unit can be no larger than 1,300 sq. feet nor shall the total floor area of the structure exceed 3,900 sq. feet. The lots shown on the Final Plat of the Elliott Ranch P.U.D. shall not be further subdivided, except that a secondary unit can be sold separately upon approval of a Minor Subdivision by the Eagle County Board of County Commissioners. Lodge Lot - A lot which can be used solely for a lodge in a single structure, which contains 12 sleeping units. (Note the future intention of amending this PUD Guide to allow for additional sleeping units.) Lodge - A building designated, intended or used for accommodations of guests, for cooking classes and demonstrations, and for hosting special events and functions, all for compensation, and in which no provision shall be made for cooking in individual rooms. The cooking classes will be limited to a maximum of 15 participants. Cooking demonstrations will be limited to a maximum of 30 participants. Special events shall be gatherings at the lodge between 30 to 60 people and will occur at a frequency not to exceed two events per week. Gatherings will not exceed a maximum of 60 people. Any gathering of more than 34 people will require booking the entire 12 rooms of the lodge. Special events catering to more than 50 people will only occur between June 15th and September 15th. Any special event that will utilize more than 21 parking spaces will provide alternative transportation such as minivans to transport guests to and from the lodge. Any outside activity will be terminated at 10:00 P.M. No cooking class, cooking demonstration or special event shall occur simultaneously. The lodge shall have a single kitchen with common living and dining areas and cater to guests of the lodge, participants in the cooking classesldemonstrations and guests attending special events and functions only. No time-share or fractional fee estates shall be allowed. The maximum floor area of the structure shall not exceed 10,000 square feet. (If a caretaker's unit is included, it will exist in one of the twelve units.) Elliott Cabin Lot - A lot that can be used for residential purposes and upon which not more than two dwelling units shall be permitted. The total floor area allowed on Lot 4 shall not exceed a total of 3,900 square feet, with no single structure of more than 2,100 square feet of floor area. The exterior of the Historic Elliott Cabin shall not be substantially altered. On Lot 4 an artist studio would be considered an accessory use with the approval of the adjacent property owners of Lots 1, 2 and 3 in the Elliott Ranch PUD. This lot, Lot 4, Elliott Ranch PUD, shall not be further subdivided, nor can the dwelling units be sold separately. 2 Floor Area - As defined by the Eagle County Land Use Regulations excepting as follows: Basements, porches, patios, decks, terraces, car-ports, and/or garages shall not be calculated in the total square footage. (For the purpose of floor area calculation within this PUD, basements shall not be included as floor area provided that no more than 12" of any exterior wall is above grade except for the allowance of an exterior exit.) 2. General Purposes. This guide is made for the purpose of creating and keeping the Subdivision, insofar as possible, desirable, attractive, beneficial and suitable in architectural design, materials and appearance; and guarding against fires and unnecessary interference with the natural beauty of the Subdivision; all for the mutual benefit and protection of the owners of the lots in the Subdivision. Also for the ability to incorporate both residential and the multi-unit lots into one subdivision. Uses. All lots within the subdivision shall fall within the following land use definitions: Definition Lot Description Primary/Secondary Lot Lots 2 and 3 Lodge Lot Lot 1 Elliott Cabin Lot Lot 4 Accessory Uses All Lots 4. Set Back Requirements. All permanent structures shall be located within the platted building envelopes except for encroachments by existing buildings and those encroachments approved prior to the adoption of this PUD. (Specifically the deck planned for the lodge on Lot 1.) 5. Maximum Buildin~Height. No structure on any lot shall exceed two stories or thirty-five feet in height measured from grade. No roofing material on any building within this PUD shall have a reflective surface. 6. Allowed Signa~e. A maximum of two signs shall be allowed for the lodge on Lot 1 and shall conform to the following: 1. The signs shall conform to the Eagle County height/setback calculations as described in the Eagle County Sign Code. 2. The maximum size of the two signs combined shall not exceed a total of 20 square feet. 3 3. Signs shall not be made of reflective material. 4. The location of the signage shall be adjacent to the north-west corner of the lodge mid way between the building and the parking area as designated on the approved preliminary site plan. 7. Wood Burning Appliances. No more than one wood-burning appliance shall be permissible per unit on any primary/secondary lot. No more than one wood- burning appliance shall be permissible within the lodge on Lot 1. (Exception: Primary unit on Lot 2 which has and may keep two existing wood-burning appliances.) 8. Maintenance Obligation. Lot 1 shall be responsible to maintain the paved approaches to the Elliott Road Bridge. 9. Parking Management Plan. Lot 1 is required to manage its parking pursuant to a Parking Management Plan approved by Eagle County Department of Community Development. 4 Exhibit "C" Elliott Ranch Planned Unit Development LODGE PARKING PLAN There will be 21 parking spaces constructed on Lot 1 of the Elliott Ranch Planned Unit Development used for the guests and employees of the lodge. One of these spaces will be used for the van operated by the lodge. These spaces will be kept clear of snow and be available for use. Each parking space shall be numbered. The owner and operator of the Lodge commits that in no event will the cars generated by the number of guests and employees of the lodge exceed the available 20 parking spaces. In no event will the parking of cars associated with the operation of the Lodge be allowed to park on the easement for Elliott Road or the nearby frontage road. The owner or operator of the lodge shall manage parking at the lodge through their reservation system in such a manner that the parking for each guest or party booked at the lodge is managed to not exceed the 20 parking spaces available on site. Upon booking a room or an event at the lodge, the guest will be assigned a parking space or notified that parking is not available and alternative transportation to and from the lodge is required. In the reception package provided to each guest upon arrival at the lodge, the guest's parking space will be identified. The owner or operator of the lodge will maintain an on-site van to be used to pick up and drop off guests of the Lodge that might be staying at a hotel or require transportation as a result the on-site parking limitation. The Lodge shall also coordinate with other van, limousine and transportation service providers to accommodate transportation services for guests at the lodge. The provision of this alternative transportation will be tailored to the particular circumstances of the guest(s). In some cases the Lodge's van will shuttle guests from another hotel, condominium or residence in the valley to the Lodge. In other cases the more appropriate transportation might be a limousine service or Colorado Mountain Express van services from the airport. In the event a guest arrives in his personal or rented car and none of the 20 spaces are available, the supervisor of the Lodge will inform the guest that on-site parking is not available and that a shuttle service is provided by the Lodge.