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HomeMy WebLinkAboutR11-011 Eagle River Meadows Planned Unit Development EAGLE COUNTY, CO 201 102185 TEAK J SIMONTON PgsK 9 0227 :06PM 02/03/2011 REC: $0.00 DOC: $ II I I IR 0 111 11 11 ill 1111 Commissioner 31 1 - 1 ----' moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - 0 l l APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR THE EAGLE RIVER MEADOWS PLANNED UNIT DEVELOPMENT FILE NO. PDS -2313 WHEREAS, on or about May 15, 2009, the County of Eagle, State of Colorado, accepted for filing applications submitted by BWAB -REEF Gravel Pit LLC, (hereinafter "Applicant ") for approval of the Sketch Plan for the Eagle River Meadows Planned Unit Development, File No. PDS -2313; and, WHEREAS, the Applicant requested the approval of a Sketch Plan for Planned Unit Development consisting of 240 residential dwelling units, along with 261,000 square feet of floor area for medical, health and wellness services uses, including support commercial uses such as retail, restaurant, office, and recreational open space uses, on a 105 acre site previously known as the `B &B Gravel Mine Site ", and located at 33415 U.S. Highway 6; 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 hearing held on April 21, 2010, the Eagle County 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 May p g y 25, 2010; June 8, 2010; Jul 6, 2010• July , August 24, 2010; October 5, 2010; October 19, 2010; December 7, 2010, and; January 11, 2011, the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed Sketch Plan for PUD inclusive of 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 • 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 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 generally 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 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 gP PY Y to comply with, the standards of Article 4, Division 1, 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, Sign 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. Iinprovenzents. [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) • 2 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 (FLUM). 11. Phasing. [Section 5- 240.F.3.e (11)] - A conceptual 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 complies 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 Eagle River Meadows PUD be and is hereby approved: 1. Except as modified by this development permit, adherence to all material representations made by the Applicant in its application or orally in a public meeting shall be adhered to conditions of approval. 2. Prior to or concurrent with any PUD Preliminary Plan application, all comments and recommendations set forth in the following referral responses shall be incorporated into the design of the PUD or otherwise adequately addressed: a. Eagle County Environmental Health Department correspondence dated August 12, 2009; b. Eagle County Engineering Department correspondence(s) dated August 12, 2009, and March 31, 2010; c. ECO Trails correspondence dated August 13, 2009; 3 d. ECO Transit correspondence(s) dated August 11, 2009 and October 19, 2009; e. Colorado Geological Survey correspondence dated August 14, 2009; f. Colorado Division of Wildlife correspondence dated August 10, 2009; g. Colorado Solid Waste and Materials Management Unit correspondence dated August 11, 2009; h. NWCCOG correspondence dated August 12, 2009; i. Eagle River Watershed Council correspondence(s) dated August 17, 2009 and October 21, 2009; j. Eagle River Water and Sanitation District correspondence, dated November 25, 2009; k. Upper Eagle Regional Water Authority correspondence dated July 8, 2009; 3. Prior to submittal of any Preliminary Plan for PUD, the Applicant shall work with Eagle County staff to specify the manner in which the proposed Preliminary Plan satisfies the Applicant's obligations under the Eagle County Housing Guidelines, specifically including (a) a commitment for transfer of ownership of the portion of the Applicant's property on the North side of the Eagle River to the County or its designee and, to the extent necessary, (b) provision for integrating into development proposed on the South side of the Eagle River deed restricted or resident occupied housing, affordable commercial space aimed at local businesses and entrepreneurs, funding mechanisms such as transfer and sales assessments, and/or live /work units. 4. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall coordinate any and all future design development for the PUD with the Eagle River Fire Protection District and other applicable emergency, school or transit service district and agencies to ensure any and all variations to dimensional limitations and/or Eagle County road and improvement standards are in conformance with applicable codes. If, as part of any Preliminary Plan for PUD submittal, the Applicant proposes a variance from the County's Dual Access requirements, such submittal shall include a letter of approval from the Eagle River Fire Protection District. 5. Prior to or concurrent with any PUD Preliminary Plan application, the PUD Guide shall be revised to include, but not be limited to: a) more specific provisions, language and limits pertaining to all proposed uses, inclusive of the further defmition and provision of "flexible" zoning and density within certain planning parcels; b) detailed dimensional limitations and development standards such as maximum building height, bulk and mass controls, and setbacks for each planning parcel; c) additional controls such as lighting standards; d) a master (comprehensive) sign program for the development; e) a definitions section; f) amendments provisions; g) landscape standards; h) renderings and illustrations necessary to adequately communicate absolute and "recommended" development standards, and; i) provisions and details addressing the administration, development and ongoing maintenance of all internal trails, "dog parks" and amenities such as community gardens. 4 6. Prior to or concurrent with any PUD Preliminary Plan application, 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 additional "dog parks ". In addition, the Applicant shall work with County staff, as well as representatives from the Colorado Division of Wildlife and the Eagle River Watershed Council towards the mitigation of any potential negative impacts from increased access to the river corridor and riparian areas by future residents and the public. Pathways, "dog park" areas, and drainage plans within the site are to be designed specifically to ensure that wetlands, riparian areas and the Eagle River resources within the PUD are not permanently damaged by any and all construction and to ensure that the potential for increased damage occurring from future use of such amenities by area residents and the general public is minimized and mitigated to the highest extent. 7. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall submit a "Trails and Open Space" plan for the PUD, including but not limited to standards and specifications for the design, construction (materials and construction techniques) and maintenance of all proposed open space related improvements, such as dog parks, boardwalks and trails, seating areas and public gardens or other active or passive use spaces, and specifically addressing connections from the Northern side of the subject property to the Eagle River Preserve site. 8. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall incorporate certain design and construction techniques into any future design development of the project, specifically incorporating site design, building and landscape standards within any Preliminary Plan application and within the PUD Guide, to ensure that sound - abating construction materials and techniques are used where necessary to mitigate potential noise impacts from Interstate 70 and/or Hwy. 6 on any units proposed in close proximity to such transportation corridors. 9. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall work with Eagle County staff and the Eagle River Watershed Council to identify and incorporate, where applicable and practical, revisions to the overall design of the project for the purpose of improving the project's conformance with master plan goals and objectives to improve ground water recharge and to reduce the amount of impervious surfaces, and specifically to incorporate techniques and technologies such as those listed in the applicant's official response to the Edwards Area Community Plan — Objectives — including but not limited to pervious paving materials, bio- swales, green roof construction, rain gardens, "Distributed Stormwater Management Strategies" and rainwater harvesting (as permitted by law). 10. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall work with Eagle County staff to identify and incorporate, where applicable and practical, revisions to the overall design of the project for the purpose of increasing the project's Sustainable Communities Index score. Specifically, areas to focus on will include: site design, solar orientation of buildings, on -site energy and agricultural (neighborhood gardens) production, energy efficient building design and construction techniques, xeriscaping, minimized parking lot surfaces outside of building footprints, increased diversity of convenience and neighborhood services uses, greater diversity in the types of housing, and additional affordable housing (over that required as a minimum). 5 11. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant is required to perform a detailed needs and market analysis demonstrating the fmancial viability and compatibility of the project within the local conditions, and to justify the conceptually endorsed range and types of residential and commercial square footage. 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 "inputs ". Such analysis will be undertaken to aid the Applicant, other local jurisdictions and Eagle County accurately assess market viability and phasing plans necessary to ensure the continued enhancement of the local economy. As part of the analysis, the Applicant shall provide information demonstrating the amount, type and wage structures of `net new' jobs, if any, to be created by the PUD. 12. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall revise the plans to include provisions for an on -site recycling program for the PUD, including but not limited to a drop off location convenient to PUD residents and guests, as deemed appropriate by County staff. 13. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall work with Eagle County staff to explore the feasibility for opportunities to integrate senior services (exclusive of a CCRC facility), a Federally qualified health center, as well as children's and adult day care uses into the PUD as deemed appropriate for the location and in response to market demand. In so doing, the Applicant shall work with child and senior care service providers, the Eagle County Housing Department, Health and Human Services Department and the Economic Council of Eagle County to identify pertinent housing, business, service and amenity -based demand and use trends and forecasts. Such uses, if any, are to be incorporated into any PUD Preliminary Plan application. 14. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall revise the PUD to include alternative improvements options for the Northern portions of the property (those lands lying North of the Eagle River), including but not limited to certain infrastructure improvements, such as connectivity, the creation of pathways and regional recreation trails, open space improvements such as the creation and/or enhancement of wildlife habitat and the installation of certain utility and access improvements. 15. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall submit a Wetlands Delineation and Mitigation Plan concurrent. Such plan shall indicate the extent of mapped jurisdictional wetlands (pursuant to any Jurisdictional Delineation performed in accordance with Walsh Environmental Scientists and Engineers, LLC.'s, Draft Eagle River Meadows Wetlands Action Plan, dated October 14, 2009), and shall include specific recommendations for wetlands avoidance and mitigation measures. Such measures and the findings or recommendations of the Plan (as approved by the U.S. Army Corps of Engineers) shall be integrated into the design of any Preliminary Plan and may require the applicant to revise the land plan to relocate and/or eliminate certain amounts of proposed residential density. 16. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall work with the USACE, CDOW, Eagle County staff and the Eagle River Watershed Council to study habitat and public open space enhancements on the property, specifically to explore further opportunities for improvements and enhancements to existing wetland, floodplain and riparian corridor areas including, 6 but not limited to, the creation of ponds and other wildlife habitat, new or expanded wetland areas, stream channel improvements and further re- vegetation of historically disturbed rangeland. 17. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall prepare a detailed phasing plan. Such plan shall specifically address and identify the phased build -out of all proposed uses, by planning area, within the PUD and shall be drafted to specifically correspond with anticipated traffic impact thresholds associated with the PUD and related transportation and other off - site public improvements required to mitigate identified impacts generated from the proposed PUD. The phasing plan will address future Levels of Service (LOS) for any and all road segments and intersections that will be directly impacted by the proposed PUD and will tie future impacts from each phase of the PUD to those on and off -site infrastructure improvements directly linked to such impacts. Accordingly, the phasing plan shall address in a fair, proportional and equitable manner the future responsibilities of the Applicant/developer towards making certain improvements for the express purpose of mitigating the direct impacts from each phase of the PUD. Levels of Service are to be re- assessed during each phase of development to ensure that Edwards Area intersection and roadway segment LOS thresholds, as established by the Eagle County Land Use Regulations (ECLURs), as may be amended from time to time, are maintained in the future. 18. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall work with the Eagle County Engineering Department staff to quantify the scope, estimated costs and the level and extent of the Applicant's participation (financial and otherwise) in a local Transportation Improvements Plan project — to provide a supplement to the 2004 Edwards Area Transportation/Hwy. 6 Corridor Feasibility Study - to the extent such participation is directly related to the Applicant's obligations pursuant to the ECLUR's to provide detailed traffic studies and analysis quantifying the impacts from the proposed PUD, and proposing certain solutions, concurrent with Preliminary Plan application. 19. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall work with Eagle County staff to establish a schedule subject to approval y ( � o approv by staff) and service plans regarding the Applicant's initiative, as reported by the Applicant during the Planning Commission hearings on the matter of PDS -2313, to create special district(s) or similar legal bodies to levy a property assessment millage, subject to Colorado law, that may be needed to mitigate impacts from the proposed PUD on transit, transportation, and affordable housing, prior to any Preliminary Plan for PUD submittal. The creation of any special districts or mill levies for the project will be the sole responsibility of the Applicant. 20. Applicant shall reimburse Eagle County for any and all reasonable expenses incurred by the Eagle County Engineering Department for the purpose of contracting with a third party consultant to provide, after a competitive bid process, at the County's sole discretion, expert review of the Applicant's Preliminary Plan for PUD traffic study. The selection of any such expert consultant hired by Eagle County for this purpose will be at the sole discretion of Eagle County and paid for by the Applicant. 7 21. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall develop site specific architectural and landscape design guidelines (separate from the PUD guide). Such standards shall include all required Americans with Disabilities Act (ADA) specifications, where practical, and, in accordance with the applicant's representations made during Sketch Plan for PUD hearings held before the Eagle County Planning Commission, shall compliment and/or reflect the intent — goals, policies and objectives - of the Urban Design Elements for the Edwards Core Area to the highest extent practical, where appropriate, in context to the PUD and its natural and man-made surroundings. 22. The Applicant shall submit an "Operational Plan" for the proposed PUD, concurrent with any Preliminary Plan submittal. The Operational Plan will disclose and describe major tenants and/or end users of the PUD, specifically major medical and/or commercial tenants, and shall outline and describe each major tenant's proposed operations in relation to the overall PUD. 23. The Applicant shall make transit a primary focus of the development. Transit orientation within the PUD will address the proximity and connectivity of the central core of the development to planned transit stops within the development, as well as those areas fronting U.S. Hwy 6, to achieve a more enhanced transit node concept. The focus on transit as an option shall be reflected in the architecture and site planning of the PUD, including but not limited to the location, layout and orientation of buildings and commuter oriented commercial spaces, public spaces, pedestrian improvements, transit stops and structures, and circulation plans within the development and on property adjacent to U.S. Hwy. 6. 24. Prior to or concurrent with any PUD Preliminary Plan application, the Applicant shall coordinate with the Eagle County School District (ECSD) and provide written evidence regarding the District's preference for either a dedicated "living classroom" (concept to be further defined working with the District), or to receive a fee in lieu of the required school land dedication. THAT, the Eagle River Meadows Sketch Plan for Planned Unit Development application, dated May 15, 2009, and including subsequent addendums and updated information, and as conditioned in the foregoing twenty -four (24) conditions, 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. 8 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the l day of -F-1C-14 2011, nunc pro tunc the eleventh of January, 2011. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: e ,f=Lfi r OARD OF COUNTY C • ' MISSIONERS - .fir � #R' * / Teak J. Simont• oL6nP, Jtn Sta ney Clerk to the Board of • airm n County Commissioners Vh t' Peter F. Runyon Commissioner .. Sara J. Fisher Commissioner Commissioner 't 1 S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney Q Commissioner Peter F. Runyon Commissioner Sara J. Fisher This Resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 9