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HomeMy WebLinkAboutR04-090 Red Sky Ranch PUD Expansion Approval • 4 // i‘ 4 ----'' Commissioner/&4- - 1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2004 - 9 0 APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR THE RED SKY RANCH PLANNED UNIT DEVELOPMENT EXPANSION FILE NOS. PDS -00038 WHEREAS, on or about October 16,2003, the County of Eagle, State of Colorado, accepted for filing applications submitted by The Vail Corporation/Vail Resorts Development Company (hereinafter "Applicant ") for approval of the Planned Unit Development Sketch Plan for the Red Sky Ranch Planned Unit Development Expansion, File No. PDS- 00038; and, WHEREAS, the Applicant requested the approval of a Planned 30 single family lots on 210 acres adjacent to the existing Red Sky Ranch Planned Unit Development; and, WHEREAS, the Applicant has represented that the owners of Diamond S Ranch have committed, once this proposed expansion of the Red Sky Ranch PUD Expansion has received Preliminary Plan approval, to create a certain conservation easement on an 855 acre parcel, referred to as the "Development Restricted Area ", which is located adjacent to and generally west and south of the proposed 210 acre Expansion Parcel, but which is not proposed to be a part of the Red Sky Ranch PUD; and, WHEREAS, notice of the Sketch Plan was 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 hearings held on February 18, May 5 and June 2, 2004, the Eagle County Planning Commission, based upon its findings, recommended approval with conditions of the proposed PUD Sketch Plan; and WHEREAS, at its regular hearings of March 9, May 25, July 27 and August 3, 2004, the Eagle County Board of Commissioners (hereinafter 'Board "), considered the proposed PUD Sketch Plan; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Eagle County Planning Commission. 1 8 Pae: 1 of 0820/2004 88460 9 02:58P R 0.00 D 0.00 Teak J Simonton Eagle: CO 370 BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Preliminary Plan PUD: Unified ownership or control. [Section 5-240.F.3.e (1)] -The 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 3-300, "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. Uses. [Section 5-240.F.3.e (2)] -The uses that may be developed in the PUD sre those 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. [Section 5-240.F.3.e (3)] -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. But, the Board may grant a variation from these dimensional limitations pursuant to Section 5-240 F.3.f., Variations Authorized. 4. Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - 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. [Section 5-240.F.3.e (5)] - It has been demonstrated that the landscaping proposed for the PUD may comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. 6. Signs. [Section 5-240.F.3.e (6)] -The signs within the PUD will conform to the comprehensive sign plan approved for the existing Red Sky Ranch PUD. 7. Adequate Facilities. [Section 5-240.F.3.e (7)] -With the recommended conditions of approval, it has been demonstrated that the development proposed in the PUD Sketch/Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire 2 protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. 8. Improvements. [Section 5-240.F.3.e (8)] -With the recommended condition, it has not been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, I~rovements Standards regarding: (a) safe, efficient access, (b) internal pathways, (c) emergency vehicles, (d) principal access points, and (e) snow storage. However, it may be possible to so demonstrate in the PUD Preliminary Plan. 9. Compatibility With Surrounding Land Uses [Section 5-240.F.3.e (9)] -The development proposed for the PUD may not be compatible with the character of surrounding land uses. However, it may be possible to demonstrate in the PUD Preliminary Plan that the proposed development is compatible with the surrounding land uses. 10. Consistency with Master Plan. [Section 5-240.F.3.e (10)] -The PUD is consistent with the Master Plan, and IS consistent with the Future Land Use Map (FLUM). 11. Phasing. [Section 5-240.F.3.e (11)] - A phasing plan is not required for this development. 12. Common Recreation and Open Space. [Section 5-240.F.3.e (12)] -The applicant has demonstrated that the PUD may 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. [Section 5-240.F.3.e (13)] -The PUD does demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted have been considered. However, it will be necessary to give consideration in the Preliminary to the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Pursuant to Eagle County Land Use Regulations Section 5-280.B,3.e. Standards for the review of a Preliminary Plan for Subdivision: 14. Consistent with Master Plan. [Section 5-280.B.3.e (1)] -The PUD is consistent with the Master Plan, and is consistent with the Future Land Use Map (FLUM). 15. Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] -Due to 3 potential impacts on critical wildlife habitat, it has not been demonstrated that the proposed subdivision complies 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. However, it may be possible to demonstrate consistency with the Land Use Regulations in the PUD Preliminary Plan. 16. Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] -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. 17. Suitability for Development. [Section 5-280.B.3.e (4)] -With the recommended conditions, the Applicant may be able to demonstrate in the Preliminary Plan that the property proposed 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. 18. Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] -The proposed subdivision is compatible with the character of existing land uses in the area and will not adversely affect the future development of the surrounding area. Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8), Initiation: 19. The Applicant has submitted a PUD Guide that demonstrates that the requirements of this Section have been fully met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, subject to the conditions set forth below, the application for the Planned Unit Development Preliminary Plan for the Heritage Park PUD be and is hereby approved: The Preliminary Plan shall clearly demonstrate the manner in which the 855 acres which are a part of the Diamond S Ranch shall be part of the PUD or other legal form which satisfies the Land Use Regulations and is acceptable to the County Attorney and the Applicant. If the manner is a legal form other than making the 855 acres part of the PUD, then such form shall include, at a minimum: 4 That the form must be reviewed and approved by the County as part of the Preliminary Plan process; and That the County will be a party or third party beneficiary, where no change to or termination of the form originally approved by the County may occur without approval of the County in a process equivalent to the preliminary plan process. The easement shall address the purposes for which the easement is created; The Board of County Commissioners shall have the authority to send any proposed easement and any proposed modification thereof to referral agencies as it deems necessary for review and comment. Further the easement shall include such matters as the County Attorney requires to protect and safeguard Eagle County and conform with applicable laws including but not limited to consideration of escrow. 2. The PUD Preliminary Plan application shall include detailed information, based on site reconnaissance, of the specific location of individual and/or clustered septic systems and the specific location of dwellings to be served by each. 3. Prior to or concurrent with submission of a PUD Preliminary Plan application for this Red Sky Ranch PUD Expansion, the Applicant shall submit all Annual Water Quality Monitoring Reports which are or have been due to date. 4. The proposed road system shall be modified to conform to applicable requirements of Article 4, Site Development Standards, of the Land Use Regulations, or an application for appropriate Variances from Improvement Standards, pursuant to Section 5-260.G., Variance From Improvement Standards, of the Land Use Regulations, shall be submitted prior to or as part of the Preliminary Plan application. A variance from improvement standards to expand the development served by less than two routes of entrance and exit shall be required prior to or as a part of the Preliminary Plan application, pursuant to Section 5-260.G., Variance From Improvement Standards, of the Land Use Regulations. 6. The Preliminary Plan should demonstrate clearly how the Applicant has responded to the concerns raised by the Colorado Division of Wildlife in its letter dated January 15, 2004, and/or any additional concerns that may arise as a result of proposed development restrictions on the adjacent 855 acres owned by Diamond S Ranch, as evidenced by a letter from the Colorado Division of Wildlife. 5 7. The PUD Preliminary Plan shall include monitoring data from the slope- movement and ground-water monitoring instrumentation installed in this area in 2002. 8. The PUD Preliminary Plan shall adequately reflect the recommendations and restrictions presented in the Preliminary Geotechnical Investigation and Engineering Geology Study prepared by Golder Associates, Inc., and dated December 27, 2002. 10. Ground water monitoring reports previously required to be submitted annually to the Department of Community Development as a condition of the 1041 Permit for the existing Red Sky Ranch PUD (see Board Resolution No. 2001-011) shall be submitted prior to or concurrently with the 1041 Permit application which accompanies the PUD Preliminary Plan for this Red Sky Ranch Expansion. 11. The PUD Preliminary Plan shall demonstrate clearly the manner in which the recommendations of the Colorado State Forest Service, in its letter dated February 4, 2004, have been considered in the design of the development. 12. The Traffic Impact Study submitted with the Preliminary Plan shall respond to the comments of the Eagle County Engineering Department, in its memo dated January 20, 2004, in a manner satisfactory to the County Engineer. 13. The PUD Preliminary Plan shall demonstrate clearly the manner in which the concerns and recommendations of the Northwest Colorado Council of Governments, in its letter dated January 12, 2004, have been considered in the design of the development. 14. The employee/affordable housing requirement shall be satisfied with a payment in lieu in an amount to be determined at the time of approval of the final plat. 15. 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 Red Sky Ranch 2003 PZ~D Amendment Sketch Plan, dated September 2003, attached hereto as Exhibit "A", be and is hereby approved; 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, State of Colorado, at its regular meeting held the ~ day of ~_, 2004, Hunt pro tunc to the 3rd day of August 2004. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: 04 ~`~'F r°o BOARD OF COUNTY COMMISSIONERS ~ ~ ~~ ~ Pou * By: Teak J. Simonton Tom . Ston Clerk to the Board of Chairman n County Commissioners , _ ~ _ ~/ / /, Michael IyiGallagher Arn1Cn": Menco Commissioner Commissioner conded adoption of the foregoing resolution. The roll having been called, the vote was a follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi L~ Commissioner Tom C. Stone This Resolution passed by _~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 7 0 71 n II ol 11 Vl > 9 CD cr I td 9