HomeMy WebLinkAboutR10-081 Willits Bend PUD AmendmentP28: E AG LE "" � Iry 20101aa 60 05:01:01PM R C: 1 111 nY,III^ullpl INU^I1II ��YlnVIIIyIIp RII�Illlnl�l1III .W Commissioner moved adoption of the followin esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2010 - � ( A RESOLUTION APPROVING AN AMENDMENT TO THE WILLITS BEND PLANNED UNIT DEVELOPMENT Eagle County File No. PDA -2142 WHEREAS, on or about September 29` 2009, the County of Eagle, State of Colorado, accepted for filing an application submitted by Willits Bend LLC (hereinafter "Applicant ") for amendment of the Willits Bend Planned Unit Development located in unincorporated Eagle County (hereinafter the "PUD "), Eagle County File No. PDA -2142; and WHEREAS, the Applicant requested the amendment of the PUD to revise language regarding definitions, parking allotments, by right uses and FAR distribution. 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 meeting held August 20`" 2009, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended conditional approval of, the proposed PUD Amendment; and WHEREAS, at its public meeting held on September 29 2009, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and WHEREAS, the Board approved the revised Willits Bend Planned Unit Development Guide dated April 1st 2010 and attached hereto as Exhibit "A "; and WHEREAS, upon approval by the Board of Count Commissioners of resolution number 2010 -033 such Willits Bend Planned Unit Development Guide contained errors of a minor and technical nature which henceforth have been corrected. WHEREAS, this resolution supersedes the previously, approved and recorded resolution number 2010 -033 and put forth for the specific purpose of approving the revised and corrected Willits Bend Planned Unit Development Guide dated April 1 st 2010. WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Comprehensive 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: 1. Unified ownership or control The title to all land that is part of this PUD is owned or controlled by one (1) person. 2. Uses All of the proposed additional 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 the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment 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 off - street parking and loading provided in the revised PUD does comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards pil Landscaping 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. 6. Signs The Applicant has submitted a comprehensive sign plan for the PUD which is suitable for the PUD and does provide the minimum sign area necessary to direct users to and within the PUD. 7. Adequate Facilities 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 protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. 8. Improvements With the conditions of approval, 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, and (e) 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. The proposed PUD Amendment will continue to be compatible with the character of surrounding land uses. 10. Consistency with Comprehensive Plan The PUD is consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Comprehensive Plan. 11. Phasing A phasing plan has been provided for this PUD. 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. The proposed PUD Amendment 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. 13. 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. The proposed PUD amendment will not adversely affect natural resources. 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 Comprehensive Plan The PUD is consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Comprehensive Plan. 2. Consistent with Land Use Regulations With the conditions of approval, the Applicant has 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 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. 5. Compatible with Surrounding Uses It has previously been determined that the development is compatible with other development in the area. The proposed PUD Amendment will 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 The proposed PUD Amendment (1) is consistent with the efficient development and preservation of the entire Planned Unit Development, and (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 11 special benefit upon any person. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Willits Bend LLC for amendment of the Willits Bend Planned Unit Development be and is hereby approved with the following conditions: 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) Owners of units eligible for the Live /Work reduced parking approved by this resolution shall record a Live /Work covenant in the form attached here as Exhibit B, prior to occupancy. Said declaration shall be recorded with the Eagle County Clerk and Recorder and a copy shall be provided to Eagle County Community Development at the time of building permit. 3) The applicant shall provide a detailed account of current owner configurations as well as provide documentation of each new owner finish at time of building permit to include: new use configuration and parking allotment changes. This documentation would provide evidence to Community Development of adequate parking for each new unit finish. THAT, the, the Board hereby approves the Amended & Restated Willits Bend Planned Unit Development Guide Dated April 1, 2010, and attached hereto as Exhibit 'A'; 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 5 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: o BOARD OF COUNTY COMMISSIONERS * y: Teak J. Simonton CotORA Sara J. Fisher Clerk to the Board of Chairman County Commissioners Peter F. Runyon Commissioner on 3tavney :om issioner Commissioner �� seconded 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 Ell This Resolution passed by County of Eagle, State of Colorado. vote of the Board of County Commissioners of the 6