HomeMy WebLinkAboutR04-130 Edwards Design and Craft Center PUD Approval •
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T eak J Simonton Eagle, CO 370 R 0.00 D 0.00
Commissioner G - A LLe N moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2004 - /30
APPROVAL
OF THE EDWARDS DESIGN AND CRAFT CENTER PUD
SKETCH PLAN
FILE NO. PDS -00041
WHEREAS, on or about July 6 2004, the County of Eagle, State of Colorado, accepted
for filing an application submitted by Woodward Development , LLC (hereinafter "Applicant ")
for approval of a Planned Unit Development Sketch Plan for the Edwards Design and Craft
Center Planned Unit Development, File No. PDS- 00041; and,
WHEREAS, the Applicant requested approval of a PUD Sketch Plan which would allow
the creation of a mixed use PUD which is comprised of up to 49,755 sq feet of commercial/light
industrial spaces to be used as: Office, showrooms and shop spaces for construction wholesale
suppliers (e.g. wholesale tile; lighting; flooring); craftspeople (e.g. cabinet makers; custom
furniture makers, etc.); and commercial uses such as a bakery, specialized sporting goods
assembly shop & appliance service and repair. Also included in the proposed, maximum square
footage are two (2) one bedroom, employee residences; and,
WHEREAS, the proposed uses are intended to accommodate wholesale clientele and
crafts people /artisans needing a place to have an office and workspace. The intent of this
development is not to have the general public frequenting the proposed development; rather, it is
to be a destination for the design and construction industry; and,
WHEREAS, the buildings are to be condominiumized prior to individual sale; and,
WHEREAS, the development is proposed to built on 3.6 acres in west Edwards; and,
WHEREAS, the Edwards Design and Craft Center is situated on one of the three lots
which formally comprised a subdivision known as the Woodland Hills Planned Unit
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Development (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 October 6 2004 the Eagle County Planning
Commission, based upon its findings, recommended approval with conditions, of the proposed
PUD Sketch Plan; 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 November 9 2004 to
consider this PUD Sketch Plan 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, 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
either Table 3 -320, "Commercial and Industrial Zone Districts Use Schedule" or
Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use
Schedule ". The residential uses ARE uses allowed in the currently governing
Woodland Hills PUD; however, the commercial /industrial uses ARE NOT
currently permitted in the underlying zone district.
(3) Dimensional Limitations. The dimensional iirnitatiolis that shall apply to the
PUD ARE NOT those specified in the existing Planned Unit Development Guide
for these properties; however, this finding may be found positive assuming
approval of the Variations by the Board of County Commissioners at Preliminary
Plan.
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(4) Off - Street Parking and Loading. Given the Sketch Plan level detail of the
development plan, it is likely that the applicants WILL be able to demonstrate
that off - street parking and loading provided in the PUD CAN comply 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.
(5) Landscaping. It WILL be demonstrated that landscaping provided in the PUD
can comply with the standards of Article 4, Division 2, Landscaping and
Illumination Standards. Illumination standards must be considered as part of
Preliminary Plan.
(6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4,
Division 3, Sign Regulations. The PUD guide properly references that signs shall
be as allowed pursuant to the Eagle County Land Use Regulations. A
Comprehensive Sign Plan is required to be submitted with the Preliminary Plan
application.
(7) Adequate Facilities. The Applicant HAS NOT clearly demonstrated that the
development proposed in this Sketch Plan for PUD will be provided adequate
facilities for solid waste disposal and roads. Further the applicant HAS NOT
clearly demonstrated that the development proposed in the Sketch Plan for PUD
will be provided adequate facilities for potable water and sewage disposal. It
HAS BEEN 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, Improvement Standards regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage
However, it WILL be demonstrated as part of the Preliminary Plan.
(9) Compatibility with Surrounding Land Uses. All aspects of the development
proposed for the PUD ARE NOT compatible with the character of surrounding
land uses.
(10) Consistent with Master Plan. The proposed Sketch Plan IS NOT entirely
consistent with all stated purposes, goals, objectives and policies of applicable
master plans, primarily due to a lack of conformance with the Edwards Area
Community Plan FLUM, the insufficient amount of affordable housing proposed
and because minimal open space areas are reserved with this application;
however, with the Planning Commission determination that the Applicant's
proposal "qualifies" for the "Exception" aspect of the current Edwards Area
Community Plan, this application satisfies many of the plan goals for the Edwards
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area, including potentially beneficial uses for the Edwards economy.
(11) Phasing. A phasing plan IS necessary for this development, and shall be included
with the Preliminary Plan.
(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; or
(d) Organization.
The Board of County Commissioners may find that 25% common open space
would not further benefit this project.
(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.
3. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for
the review of a Sketch Plan for Subdivision:
(1) Consistency with Master Plan. The proposed Sketch IS NOT entirely
consistent with all stated purposes, goals, objectives and policies of applicable
master plans, primarily due to a lack of conformance with the FLUM, the
insufficient amount of affordable housing proposed and because minimal open
space areas are reserved with this application except for "open space" areas
around buildings and parking lots. The application does, however, include
potentially beneficial uses for the Edwards vicinity.
(2) Consistency with Land Use Regulations. The Applicant MAY BE ABLE TO
fully 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.
(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.
(a) Utility and Road Extension: Proposed utility extensions ARE consistent
with the utility's service plan or that County approval of a service plan
amendment will be given; or that road extensions are consistent with the
Eagle County Road Capital Improvements Plan.
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(b) Serve Ultimate Population: Utility lines WILL be sized to serve the
planned ultimate population of the service area to avoid future land
disruption to upgrade under -sized lines.
(c) Coordinate Utility Extensions: The entire range of necessary facilities
CAN be provided, rather than incrementally extending a single service
into an otherwise un -served area.
(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.
4. 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 validated these uses.
Given the customized nature of this development, the proposed uses would
not necessarily conform to the conventional, commercial zone districts
without the need to limit the uses through several Special Use Permits;
multiple Special Use Permits would be necessary as ownership or occupancy,
or unanticipated uses change. Utilizing a PUD format creates a uniform,
defined, more restrictive development than what currently exists in the
Edwards vicinity.
Housing Guidelines — On April 13, 2004, the Board of County Commissioners approved
Resolution No. 2004 -048 adopting Housing Guidelines to establish a framework for
discussion and negotiation of applicable housing criteria.
The provisions regarding affordable housing have been not been satisfied. According to
the memo from the Housing Department, the applicant is deficient in their dedication of
employee housing units by five (5) units, even with the (proposed) two (2) onsite rental
units which will be available for employees of businesses within the development.
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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 -00041 be and is
hereby approved with the following conditions:
1. Except as otherwise modified by this Permit, all material representations made by
the Applicant in this application and in public meeting shall be adhered to and
considered conditions of approval.
2. The buildings should utilize finish materials and colors designed to "blend" in
with both the surrounding landscape and the neighboring Fox Hollow PUD.
3. All comments pursuant to the Engineering Memo, dated August 24 2004 must
be adequately addressed prior to Preliminary Plan application.
4. A Comprehensive Sign Plan shall be developed and submitted as part of the
Preliminary Plan application.
5. A site specific parking and vehicular circulation plan (drawing) shall be developed
and submitted as part of the Preliminary Plan application. This plan shall both
identify snow storage /removal areas as well as incorporate the recommendations
of the Eagle River Fire Protection District pursuant to the memo dated September
9, 2004.
6. A detailed landscaping plan is required to be submitted as part of the Preliminary
Plan application. The landscaping plan shall identify all snow storage areas.
7. An agreement between the Edwards Design and Craft Center and Fox Hollow
allowing the proposed berm to encroach across the east property line must be
received as well.
8. A detailed phasing plan shall be submitted as part of the Preliminary Plan
application.
9. `Ability to Serve' from the Eagle River Water and Sanitation District (the
District) must be provided with the Preliminary Plan application.
10. The necessity for a 1041 application shall be determined by Eagle County prior to
Preliminary Plan application. The determination shall be based on evidence, as
supplied by the Applicant, which compares the projected water and wastewater
generation needs for the Edwards Design and Craft Center (in conjunction with
the Fox Hollow PUD) against the approved 1041 of the Woodland Hills PUD.
11. Soils Analyses are required at building permit for each building site in order to
obtain site - specific information regarding soil engineering properties.
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12. An additional landscaping buffer is required along the eastern edge of the
development.
13. A Hazardous Materials Contingency Plan shall be submitted as part of the
Preliminary Plan application.
14. Applicant shall review the proposed uses for compatibility and analyze those uses
for appropriateness within such close proximity to residential uses. Any use which
entails the use of explosive or toxic chemicals shall not be allowed as "uses by
right ", but shall be permitted via the Limited Review or Special Use level of
review.
15. The applicant shall submit a Rockfall Mitigation Plan pursuant to the Colorado
Geological Survey comments dated August 12, 2004.
16. Applicant shall satisfy Housing Guidelines by providing cash in lieu versus
utilizing available Fox Hollow PUD dwelling units.
17. Bear -proof trash containers shall be utilized throughout the development.
18. Trees shown on the landscaping plan shall be substantially sized trees; not
saplings.
19. Prior to preliminary plan, the applicant will demonstrate a more efficient buffer on
the Western edge of the property, utilizing landscaping, increased setback,
additional separation or other means of more enhanced buffering.
20. The applicant must develop language in the PUD Guide restricting retail activity
within the PUD.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
THAT, the Sketch 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. 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 Corrunissiorws of the
County of Eagle, State of Colorado, at its regular meeting held this / /r' day of : /F G,c ,
2004, nunc pro tunc to the 9 day of November, 2004.
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COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
A .
B d r: •
Teak J. Simonton k E r o om . Sto 1 ai t
Clerk to the Board of o r , /
County co fission s ' /,�`�. / if 'rgo
' � � q Gallagher, Co � r
J ..;< !COLOAP //y
' `_. • /
B WA_O/
•. M. Menconi, Commissioner
Commissioner t \IC 3r4 I seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Tom C. Stone AY
Commissioner Michael L. Gallagher yyc
Commissioner Arn M. Menconi .-kic
This Resolution passed by T 0 vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
1
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