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HomeMy WebLinkAboutR11-136 Sweetwater Ranch PUD Preliminary Plan EAGLE COUNTY, CO 201123705 J COUNTY 201122087 TEAK J SIMONTON J Pgs: 6 04:24:32PM 11/28/2011 REC: s0700 DOC: 1' 38 : 38 P" 12/20/ 201 1 REC= 50.00 DOC: S 1111 I 1111 1111 I II 1111111 11111111 Commissioner moved adoption of the followi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - I �lp APPROVAL OF THE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN AMENDMENT FOR THE SWEETWATER RANCH PLANNED UNIT DEVELOPMENT FILE NO. PDA -3118 WHEREAS, on or about January 10, 2011, the County of Eagle, State of Colorado, accepted for filing an application submitted by Sweetwater Ranch, LLC, (hereinafter "Applicant ") for approval of a Major Amendment to the Preliminary Plan (hereinafter "Amendment ") for the Sweetwater Ranch Planned Unit Development (File No. PDA- 3118); and, WHEREAS, the Applicant requested the approval of a major amendment for the purpose of adding certain commercial uses inclusive of a gas station, convenience store, restaurant, contractor storage, mini storage; and, WHEREAS, the application also proposes to maintain previously approved uses inclusive of a private ski lake and associated uses and buildings, residential uses and open space uses; and, WHEREAS, notice of the Amendment 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 September 21, 2011, the Eagle County Planning Commission, based upon its findings, recommended approval with conditions of the proposed Amendment; and, WHEREAS, at its regular public hearing of October 18, 2011, the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed Amendment; 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 Preliminary 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 not 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. However, variations of these dimensional limitations may be authorized pursuant to Section 5 -240 F.3.£, 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 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. 2 8. Improvements. [Section 5- 240.F.3.e (8)] - It has been clearly demonstrated that the improvements standards applicable to the development may be made to comply with those standards 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 (FLUM). 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. Pursuant to Eagle County Land Use Regulations, Section 5- 240.F.3.m. Amendment to Preliminary Plan for PUD: 1. Modification. [Section 5- 240.F.3.m (1)] - The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development. 2. Adjacent Properties. [Section 5- 240.F.3.m (2)] - The PUD Amendment does not effect, in a substantially adverse manner, either the enjoyment of land abutting upon or across the street from the Planned Unit Development or the public interest. 3. Benefit. [Section 5- 240.F.3.m (3)] - The PUD Amendment is not granted solely to confer a special benefit on any person. 3 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 Preliminary Plan Amendment for Planned Unit Development for the Sweetwater 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. Prior to or concurrent with the recording of any building permit, all comments and recommendations set forth in the following referral responses shall be incorporated into the design of the PUD or otherwise adequately addressed by the Applicant: a. Eagle County Engineering Department memorandum, dated August 18, 2011; b. Eagle County Housing Department memorandum, dated August 10, 2011; c. ECO Trails correspondence and recommended condition dated September 21, 2011; d. State of Colorado Geological Survey letter, dated July 18, 2011. 3. The Applicant shall adhere to all conditions set forth in the State of Colorado Department of Transportation conditional State Highway Access Permit No. 311003. 4. The Applicant shall coordinate any and all future design development (prior to building permit) for Lots 2C and 2D with the Gypsum Fire Protection District and other applicable emergency service districts for the purpose of ensuring all access roads provide safe, efficient access and that such roads /driveways are in conformance with applicable codes. 5. The Applicant, upon building permit submittal, shall revise the Landscape Plan for Lot 2B to specifically indicate undulation of proposed berms (both horizontally and vertically), as well as proposed wood safety and privacy fencing, which should be broken -up (both horizontally and vertically) to move with the contours of berming. Fencing on Lot 2B is to be located on the ski lake side of any berms constructed. 6. All septic and gas storage tanks and related improvement and installation details shall be designed by a Registered Professional Engineer to achieve an "advanced" avoid impacts to or from high ground water. 4 7. With any approved commercial use, the Applicant shall prepare a "Hazardous Substance Management Plan" for each commercial land use in the development to be given to the Property Owners Association or other entity or party responsible for maintaining the subject properties. Each site specific hazardous substance management plan would detail the type of hazardous substance(s) kept within that commercial space, where the substances are stored, how they are stored and in what quantities, what actions are taken in the event of a spill and what waste materials are generated and they are disposed. The Applicant will be required to provide written evidence /documentation to Eagle County, prior to TCO of any new buildings using the ISDS, that the Plan has been registered with the Environmental Protection Agency (EPA); or that the EPA will not require registration of said Plan. The Property Owners Association or other responsible party will assure the Plan is updated annually and submitted to the local fire response agency for their information and use. The Plan will be made available to the public upon request. 8. The Applicant shall revise the PUD Guide Standards to limit building heights to two (2) stories, not to exceed 35', for any and all storage or warehousing uses proposed on Lot 2C. 9. All lighting within the PUD shall be designed and installed to adhere to Dark Sky lighting principles, pursuant to the ECLURs, as amended from time to time. 10. A housing mitigation plan, or alternate plan for funding community benefits in the Dotsero area, shall be approved by the County prior to the final plat. 5 THE BOARD further finds, determines and declares that this Resolution is necessa ry 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 Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the `day of 2011, nunc pro tunc the eighteenth day of October, 2011. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD 0 OUNTY $IMMISSIONERS `� „, -� 4.- o' By: A Ila Teak J. Simonto Jon to ney Clerk to the Board of Ch. irm n County Commissioners Peter F. Runyon Commissioner r isfiA„._,9 h.,„?_„. Sara J. Fisher Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Jon Stavney Commissioner, Peter F. Runyon OF 0j Commissioner, Sara J. Fisher /' This Resolution passed by � vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6