HomeMy WebLinkAboutR04-044 Pilgrim Downs PUD Lot 5, Filing 3 PUD Approval • 1
Commissioner < .� ((( : 2�� (moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2004 -
APPROVAL
OF PILGRIM DOWNS PUD LOT 5, FILING 3
PUD AMENDMENT AND ZONE CHANGE
FILE NO. PDA -00050 AND ZC -00066
WHEREAS, on or about November 19, 2003, the County of Eagle, State of Colorado,
accepted for filing an application submitted by the Pilgrim Downs Homeowner's Association and
Lisa Wheeler Huzella (hereinafter "Applicant ") for approval of a Planned Unit Development
(hereinafter "PUD ") and Zone Change for a portion of Lot 5, Pilgrim Downs PUD Filing 3, File
Nos. PDA- 00050, ZC- 00066; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development
Amendment which would allow the existing, platted, Lot 5, Pilgrim Downs PUD Filing 3 to
incorporate an additional 2.0 acre portion of land, which is currently part of an adjacent,
unplatted, 40.0 acre parcel owned by Robert Levine; and,
WHEREAS, approval of the application would change the zoning of the 2.0 -acre portion of land
from Resource, to match the existing designation of PUD;
See attached Exhibit `A'
and,
WHEREAS, upon the loss of 2.0 acres of the unplatted parcel adjacent to Lot 5, the remaining
acreage is approximately 38 acres; and,
WHEREAS, notice of the PUD Amendment, as well as the Zone Change were given to
all proper agencies and departments as required by the Eagle County Land Use Regulations,
Section 5- 210.E; and,
Page 1 of 6
• •
WHEREAS, at its public hearing(s) held January 21, 2004, the Eagle County Planning
Commission, based upon its findings, recommended approval, of the both the proposed PUD
Amendment and Zone Change; and,
WHEREAS, a public hearing was held by the Board of County Commissioners
(hereinafter the `Board ") of the County of Eagle, State of Colorado, on February 24 2004 to
consider the PUD Amendment and Zone Change application; and,
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 which represent the
homeowners of Pilgrim Downs.
(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 -300, "Residential, Agricultural and Resource Zone Districts Use
Schedule" for the zone district designation in effect for the property at the time of
the application for PUD.
(3) Dimensional Limitations. The dimensional limitations that shall apply to the
PUD ARE 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 HAS been 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.
(5) Landscaping. It HAS previously been demonstrated that landscaping provided in
the PUD can comply with the standards of Article 4, Division 2, Landscaping and
Illumination Standards.
Page 2 of 6
• •
(6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4,
Division 3, Sign Regulations.
(7) Adequate Facilities. The Applicant HAS clearly demonstrated that the
development proposed in the Preliminary Plan for PUD will be provided adequate
facilities for roads; the applicant HAS clearly demonstrated that the development
proposed in the Preliminary Plan for PUD was provided adequate facilities for
potable water, sewage disposal, solid waste disposal, electrical supply and fire
protection. In addition, the Applicant HAS demonstrated that the PUD is
conveniently located in relation to schools, police and fire protection, and
emergency medical services.
(8) Improvements. It HAS 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 compatible with the character of surrounding land uses.
(10) Consistent with Master Plan. The proposed Special Use Permit CAN be shown
to be appropriate for its proposed location and be consistent with the purposes,
goals, objectives and policies of the Master Plan and Master Plan FLUM,
including standards for building and structural intensities and densities, and
intensities of use.
(11) Phasing. A phasing plan IS NOT necessary for this development.
(12) Common Recreation and Open Space. The PUD HAS 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; or
(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
Standards, have been considered.
Page 3 of 6
•
2. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for
the review of a Sketch and Preliminary Plan for Subdivision:
(1) Consistency with Master Plan. The proposed subdivision is consistent with the
Eagle County Master Plan and the Future Land Use Map (FLUM) of the Master
Plan.
(2) Consistent with Land Use Regulations. The proposed subdivision does comply
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.
(3) Spatial Pattern Shall Be Efficient. The proposed subdivision 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 "leapfrog" pattern of development.
(4) Suitability for Development. The property 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.
3. Amendment to Preliminary Plan for PUD. No substantial modification, removal, or
release of the provisions of the plan shall be permitted except upon a finding by the County,
following a public hearing called and held in accordance with the provisions of section
24- 67- 104(1)(e) Colorado Revised Statutes that;
(1) Modification. The modification, removal, or release is consistent with the efficient
development and preservation of the entire Planned Unit Development; (am 3/12/02)
(2) Adjacent Properties. The PUD Amendment does not effect, 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) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon
any person.
The application has been submitted by, and is in full support of, the Pilgrim Downs
Page 4 of 6
i •
•
Homeowners Association. This amendment will bring Lot 5 into compliance with setback
and building envelope requirements for Pilgrim Downs. The homeowners are very
involved in this PUD.
4. Pursuant to Eagle County Land Use Regulations Section 5- 230.D., Requirements for
a Zone Change; Standards for Amendment to the Official Zone District Map:
(1) Consistency with the Master Plan. The proposed zone change designation is
consistent with the purposes, goals, policies and FLUM of the Eagle County
Master Plan.
(2) Compatible with surrounding uses. The development proposed for the
subdivision IS considered compatible with the character of surrounding land uses.
(3) Changed conditions. There ARE NO changed conditions that require an
amendment to modify the density and intensity; however, it IS necessary to
modify the property to "fix" setback problems.
(4) Effect on natural environment. The proposed amendment will not result in
significantly adverse impacts to the natural environment.
(5) Community need. The proposed amendment does address a community need.
(6) Development patterns. The proposed amendment will result in a logical and
orderly development pattern and not constitute spot zoning. Further, the resulting
development can logically be provided with necessary public facilities and
services.
(7) Public interest. The extent to which the area to which the amendment would
apply has changed and continues to change is such that it is in the public interest
to encourage a new density in the area.
5. Pursuant to Section 5- 280.B.4, Preliminary Plan for Subdivision, Staff finds this
application in conformance with all required application contents, including, an adequate,
Preliminary Plan Map.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the PUD Amendment and Zone Change for Lot 5, Pilgrim Downs PUD Filing 3,
File Nos. PDA- 00050, ZC -00066 be and is hereby approved.
THAT, the PUD Amendment and Zone Change submitted under this application and
hereby approved does not constitute a "site specific development plan" as that phrase is defined
Page 5 of 6
0 •
and used in C.R.S. Section 24 -68 -101, et seq.
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 tl}e ,,
County of Eagle, State of Colorado, at its regular meeting held this (`lay of C� ,
2004, nunc pro tunc to the 24 day of February, 2004.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY
04 COMMISSIONERS
G
ATTEST:
vi i K
BY C .- aia.att 'cGe,•o BY ` 3\g"'t-
Teak J. Simonto �om C. Stone, Chairman
Clerk to the Board of
County Commissioners BY: Li . 4 0/ /
to .--/ '
Mi - 1 . allagher, Co , i _
J
BY: Vi i/
i
w tir
. Menconi, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Tom C. Stone Q-iQ
Commissioner Michael L. Gallagher a4Z.
Commissioner Arn M. Menconi
This Resolution passed by -77 3 vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 6 of 6
0
m
n�O
nz$
X
X
b
X
X
c m o
G
>
Fn
—
y -.
z aoo l
c
g o d
° ma
6
A
CD
w fn
n t
MM< €°
.
a
N
r-F
—
y
�
7
=
cn
z CD
o
v
O
CD
w
W
N
O
U7
m
O
N
N
p_
C-
C D
N
N
m
N
°
-
r
>>
—
o
=r
a
cc
O
m
cr
a
_
c
O
rn
D
CD
0
F
CD
_
D
P
CD
i
°
CD
r
c
o
C
°
°
C)
°
N
°
m
T
(D
o
\�
Z �]
{/
(D
0
m
n�O
nz$
X
X
b
X
X
m
X
>
Fn
—
y -.
z aoo l
c
Q 1
6
n t
MM< €°
.
.
my2
EM
=
7
=
O
W
N
O
N
N
p_
C-
CD
N
N
=.
CD
cc
m
CD
0
CD
CD
i
i
m
x
o
o
0
CD
cc
m
a
0
CD
ao
n
C
a
=
o
m
cr
<
CD
0
CD
0
m
n�O
nz$
na
�o=
b
m
X
>
3
z aoo l
c
Q 1
6
MM< €°
D
o.
my2
EM
ox
O
N
