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HomeMy WebLinkAboutR09-122 PUD Sketch Plan Approval Tree Farm PUDCommissioner moved adoption of the following R olution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2009 - APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR THE TREE FARM PLANNED UNIT DEVELOPMENT FILE NO. PDS-1567 WHEREAS, on or about July 28, 2008, the County of Eagle, State of Colorado, accepted for filing applications submitted by Woody Ventures, LLC, (hereinafter "Applicant") for approval of the Sketch Plan for the Tree Farm Planned Unit Development, File No. PDS-001567; and, WHEREAS, the Applicant requested the approval of a Sketch Plan for Planned Unit Development for a proposed development consisting of 319 residential dwelling units totaling 392,819 square feet and 96,375 square feet of floor area for commercial and mixed uses, including retail, restaurant, service, office, light industrial and recreational uses, on a 71.71 acre site located at 401 Tree Farm Drive; and, WHEREAS, notice of the Sketch Plan was given to all proper agencies and departments as required by the Eagle County Land Use Reguluti.ons, Section 5-210.E; and, WHEREAS, at its public hearing held on May 7, 2009, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval with conditions of the proposed Sketch Plan for PUD; and WHEREAS, at its regular public hearings of June 30, 2009, July 21, 2009, and September 1, 2009, the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed Sketch Plan for PUD; 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 Roaring Fork Valley Regional Planning Commission. 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 Lafzd Use Regulations Section 5-240.F.3.e. Standards for the review of a PUD Sketch Plan PUD: 1. Unified ownership or control. [Section 5-240.F.3.e (1)] -The title to all land that is part of this PUD is owned or controlled by one (1) person. 2. Uses. [Section 5-240.F.3.e (2)] -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. 3. Dimensiozzal 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. However, variations of these dimensional limitations may be authorized 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 comply with, or may be made to comply with, the standards of Article 4, Division l,Off-Street Parking and Loading Standards. 5. Landscaping. [Section 5-240.F.3.e (5)] - It has been demonstrated that the landscaping proposed for the PUD may be made to comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. 6. Signs. [Section 5-240.F.3.e (6)] -The Applicant has demonstrated that signs within the PUD may be made to comply with the standards of Article 4, Division 3, Simon Regulations. 7. Adequate Facilities. [Section 5-240.F.3.e (7)] - It has been clearly demonstrated that the development proposed in the Sketch Plan for PUD may be provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply, roads and fire protection. 8. Improvements. [Section 5-240.F.3.e (8)] - It has been clearly demonstrated that the improvements standards applicable to the development may 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, and (e) snow storage. 9. Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] -The development proposed for the PUD is compatible with the character of surrounding land uses. 10. Consistency with Master Plan. [Section 5-240.F.3.e (10)] -The proposed PUD is consistent with the Master Plan, and is consistent with the Future Land Use Map (PLUM). 11. Phasing. [Section 5-240.F.3.e (11)] - A phasing plan has been provided for this development. 12. Common Recreation and Open Space. [Section 5-240.F.3.e (12)] -The Applicant has demonstrated that the PUD may be made to comply with the common recreation and open space standards with respect to (a) minimum area, (b) improvements required, (c) continuing use and maintenance; and (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, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. 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 Sketch Plan for Planned Unit Development for the Tree Farm PUD be and is hereby approved: 1. Except as otherwise modified by this development 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. All comments set forth in the Eagle County Engineering Department memorandum dated November 24, 2008, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. 3. All comments set forth in the Eagle County Environmental Health Department dated November 12, 2008, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. 4. All comments set forth in the Eagle County Housing and Development Department memorandum dated January 14, 2009, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. In addition, the applicant shall work with the Housing and Development Department to identify and incorporate, where appropriate, housing for retirees/seniors and will consider "affordable commercial" space within the PUD, to be marketed towards local businesses and entrepreneurs. Any such provisions for retiree and/or senior housing and/or "affordable commercial" space will be based on demonstrated need, as determined, in part, by the Eagle County Housing and Development Department, and may be provided for within the PUD in addition to any required deed restricted or resident occupied housing. 5. All comments set forth in the Eagle County Pest Management Program memorandum dated November 5, 2008, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. 6. All comments set forth in the Eagle County Wildfire Mitigation Specialist memorandum dated January 14, 2009, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. 7. All comments set forth in the Colorado Geological Survey response dated November 12, 2008, must be addressed prior to or concurrent with any PUD Preliminary Plan application. 8. All comments set forth in the Basalt & Rural Fire Protection District letter dated January 9, 2009, must be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. Specifically, the applicant shall address any and all issues requiring compliance (either prescriptive or performance based compliance) with all applicable roadway standards and other applicable codes, to the satisfaction of the Fire Marshal and the Eagle County Engineering Department. The applicant shall further employ the services of a qualified, professional fire protection engineering consultant to aid in the response to all issues specified in the aforementioned letter. 9. All comments set forth by the Roaring Fork Transportation Authority (RFTA) in a memorandum dated November 17, 2008, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan submittal. Specifically, any and all substantive matters related to the final location and financing (cost sharing 4 agreements or memorandums of understanding) of the grade separated pedestrian crossing (underpass), Bus Rapid Transit (BRT) station or the timing of proposed parking facilities dedicated or allocated to RFTA uses shall be substantially resolved and specifically addressed prior to or concurrent with any PUD Preliminary Plan application. 10. Recommendations set forth in the Mid-Valley Trails Committee memorandums dated October 29, 2008, and May 8, 2009, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. The applicant shall address the Committee's recommendations, to the extent such recommendations can be achieved or incorporated into the proposed PUD without compromising or otherwise conflicting with County Comprehensive Plan goals; conflicting with recommendations orpolicies of applicable federal and/or state public land or wildlife management agencies, or; conflicting with specific recommendations set forth in a report by Richard Thompson, Western Ecological Systems, Inc., dated June 12, 2008, with regard to limiting additional trails or access within wildlife habitat and migration routes within or adjacent to the subject property. 11. The PUD Guide shall be revised, prior to or concurrent with any PUD Preliminary Plan application, to include more specific provisions, language and limits on all proposed uses within each planning area and to introduce additional controls such as prohibition of wood burning fireplaces, use standards (nuisance controls) and seasonal closures of the wetland area; the document shall be further revised to include a master (comprehensive) sign program for the development, as well as provisions for a definitions section, amendments provisions. 12. The plans shall be revised to the extent necessary to provide a minimum 50 foot buffer or setback from the boundary/extent of existing wetland areas and to specifically limit human activities and other disturbances (seasonally if applicable) around and within the wetlands to ensure continued viability and health of wildlife populations observed and documented to use said wetlands. 13. The applicant shall provide written evidence, including but not limited to written correspondence and design information (site plans, technical drawings, etc.) demonstrating that all conditions set forth by the Mid-Valley Metropolitan District in letters dated June 23, 2008, and October 2, 2008, have been addressed prior to or concurrent with any PUD Preliminary Plan submittal. Specifically, the applicant shall be required to submit evidence of a proposed water tank location and design, or other water storage solution as may be approved by the District, prior to or concurrent with any PUD Preliminary Plan application. 5 14. The applicant shall examine and potentially re-design the circulation plan and associated land plan to accommodate potentially high volumes of local traffic through the center of the live/work and convenience commercial portions of the project. Specifically, the plans may be revised to ensure the safety of pedestrians and cyclists along and within the Tree Farm Drive roadway system (with specific reference to "WoonerP' street design principles per recommendations of the Eagle County Sustainable Communities Index). 15. The applicant shall address any potential conflicts that may arise with the proximity of the existing "motor cross" track located on the Lane Property, and the proposed PUD. Mitigation may be demonstrated by proposing self imposed controls and/or improvement standards (significant re-vegetation/landscaping and/or sound attenuation measures) to effectively mitigate potential nuisance issues associated with dust or noise. Additionally, such issues may be addressed through the re-design of certain elements of the proposed PUD such as the location and design of residential structures, revisions to landscape plans, or revisions to the PUD Guide. 16. The applicant shall perform a detailed market and needs analysis demonstrating the financial viability and compatibility of the project within the local conditions prior to or concurrent with any PUD Preliminary Plan submittal. Such analysis will be prepared by an independent third party consultant, mutually agreed upon by Eagle County and the applicant, and shall be based, in part, upon mutually agreed upon "inputs". The study(s) will be undertaken to test previous market assumptions and financial information used in the Sketch Plan submittal and will aid the applicant, other local jurisdictions and Eagle County in accurately assessing the need for, the market viability and the phasing plans necessary to ensure the continued enhancement of the local economy and to mitigate any potential (adverse) impacts to existing markets. 17. The applicant shall revise the land plan as necessary to provide or specifically define additional locations or areas within the PUD to provide active recreational uses, where appropriate, and to include provisions for community gardens and composting sites. 18. The applicant shall revise the plans to include provisions for an on-site recycling program for the PUD. 19. The applicant shall revise the plans as necessary to include specific provisions within the retail and service commercial areas to provide opportunities for senior services and day care businesses. Such revisions shall be undertaken to specifically address any demonstrated need, or to mitigate any projected impacts, related to senior services and/or child day care generated within the PUD. 6 20. The applicant shall resolve all outstanding issues related to the State Highway 82 access control plan, as it relates to the Tree Farm PUD, working with the State of Colorado Department of Transportation (CDOT), Eagle County, and the Town of Basalt with regard to any and all roadway and intersection improvements deemed necessary by CDOT for Highway 82 as a result of the proposed PUD, prior to or concurrent with any Preliminary Plan submittal to Eagle County. In addition, the applicant shall resolve and otherwise clarify and confirm any and all financial obligations related to such necessary improvements required within the Highway 82 Right-of-Way to mitigate transit or transportation related impacts from the PUD. 21. Pursuant to the concept plan for a conservation subdivision presented by the applicant at the regular meeting of the Board of County Commissioners held on September 1, 2009, the applicant shall, at the time of any PUD Preliminary Plan application, submit a concurrent application for a Conservation Subdivision in accordance with the requirements and standards of Section 5-295, Eagle County Land Use Regulations, addressing the future uses for all remaining Lane Property land holdings surrounding and/or adjacent to the Tree Farm PUD boundaries. The applicant may condition any rezoning or subdivision of all remaining Lane Property land on the approval of The Tree Farm land use plan pursuant to conditions acceptable to the applicant. 22. The applicant shall work with Eagle County and the Town of Basalt to create a Public Improvement Fee (PIF), Special Improvement District (SID), Local Improvement District (LID) or similar mechanism or entity, within the PUD boundaries, for the purpose of generating revenue to be used to fund public improvements and to equalize or otherwise mitigate any discrepancy or disparity in taxation between the PUD and adjacent property located within the Town of Basalt, which is also located within the Town of Basalt Urban Growth Boundary (UGB). Funds generated by such fee or district shall be created and distributed for the purpose of (a) offsetting or otherwise mitigating public service impacts quantified by the Town of Basalt and arising from municipal services to be provided to future residents of the PUD, and (b) the provision of public improvements, including without limitation, transportation facilities and services, sanitation facilities and services, street improvements, curbs, gutters, culverts, drainage facilities, sidewalks, parking facilities, paving, lighting, grading, landscaping, storm and wastewater management facilities, water and water storage facilities and any land acquisition costs related to any such facilities or services. 23. The applicant shall demonstrate, in good faith, a commitment to work with the Town of Basalt with regard to the provision of Replacement Housing within the Tree Farm PUD, based on the Town's regulations and requirements. 7 24. Prior to or concurrent with the development of any Preliminary Plan, the applicant shall work with Eagle County Staff to determine the terms and scope of an energy, or "sustainability" audit. Such audit shall be conducted, at the applicant's sole expense, prior to or concurrent with any PUD Preliminary Plan application submittal, and will be prepared by an independent, third party professional contractor mutually agreed upon by Eagle County and the applicant. Furthermore, such audit shall be performed for the express purpose of verifying the project's energy efficiency measures as well as assessing and critiquing the proposed design features of the PUD in order to provide the applicant recommendations toimprove the overall environmental design and energy efficiency of the project. Such audit shall also be undertaken to independently confirm or refute any environmental and/or energy efficiency claims related to the project, as represented or made by the applicant. THAT, the Tree Farm Sketch Plan for Planr2ed Unit Developme~zt application, dated December, 2008, and including subsequent addendums and updated information, and as conditioned in the foregoing twenty-four (24) conditions, 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. MOVED, READ AND ADOPTED by the Board of County Commissioner of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of 2009, nunc pro tunc the first day of September, 2009. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: _.,,~OARD OF COUNTY COMMISSIONERS Teak J. Simonton c~~ap~ Sara J. Fisher Clerk Y the Board of ~~ Chai~i Count Commissioners 8 Peter F. Runyon ~ Commissioner ,~~~Z~econded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher '' Commissioner Peter F. Runyon ~/~ Commissioner Jon Stavney 2 This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 9