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HomeMy WebLinkAboutR00-054 amendment to Cordillera PUD - sixthl G Commissioner X LOL.A A A ff moved adoption of the follo ing Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - 0, APPROVAL Of Amendment to the Cordillera Planned Unit Development FILE NO: PDA -00025 CORDILLERA SUBDIVISION SIXTH AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT March 27, 2000 WHEREAS, on or about November 22, 1999 the County of Eagle, State of Colorado, accepted for filing the application submitted by Squaw Creek Realty Corporation, A Colorado Corporation and Kensington Partners (hereinafter "Applicant ") for approval of the CORDILLERA SUBDIVISION SIXTH AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT, MARCH 27, 2000, File No. PDA- 00025 and, WHEREAS, approval of the Application would allow for: 1. Creation of a new sub - Planning Parcel U -1 in a portion of Planning Parcel U of the "Mountain Tract" without" alteration of the boundaries of Planning Parcel U; 2. Transfer of five (5) currently allocated lots in Tract X of Planning Parcel A ( "Village Center ") and twenty (20) currently allocated lots in Planning Parcel O ( "Southern Parcel," a legal description of which is attached hereto as Exhibit A) from said Planning Parcels to Planning Parcel U -1 currently allotted fifteen (15) lots; 1111111 "III Illilll11111111111111111111111 11111111111111111 727883 04/20/2000 03:07P 370 Sara Fisher 1 of 84 R 0.00 D 0.00 N 0.00 Eagle CO I 01 c 3. Development of a total of forty single family residential lots of less than two (2) acres in Planning Parcel U -1; 4. Creation of two new sub - Planning Parcels in Planning Parcel O ( "Southern Parcel ") identified as Planning Parcel 0-1 (previously platted and approved as Cordillera Filing 32 under Eagle County File No. PDP- 00011 and PDF- 00022) and Planning Parcel 0-2 (to be submitted together with Planning Parcel O for Preliminary Plan and Final Plat approval); 5. Development of four (4) clustered single family residential lots with caretaker units in Planning Parcel 0-2 and the designation of Planning Parcel O (approximately 416 acres) as perpetual Open Space; 6. Transfer of four (4) of the ten (10) caretaker units allocated to Planning Parcel E ( "Chaveno ") to Planning Parcel 0-2; 7. No change in the total overall for the Cordillera Planned Unit Development of 910 "free market" residential lots, 46 caretaker units, 29 employee units and 50 lodge units; and 8. Recordation of Amendments to the existing Wildlife Mitigation Plans of both the "Southern Parcel" and the "Mountain Tract" to reflect new conditions necessary for the protection of wildlife pursuant to the changes in the Cordillera Development as set forth above. WHEREAS, at its public hearing held March 15, 2000, the Eagle County Planning Commission, based on its findings, recommended approval of the proposed Cordillera Subdivision Sixth Amended and Restated Planned Unit Development Control Document, with certain conditions; and, WHEREAS, a public hearing Commissioners of the County of March 27, 2000; and, was held by the Board of County Eagle, State of Colorado, on WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, the existing Cordillera PUD, 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: 2 f } 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. 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. It IS NOT represented that title to all land is owned or controlled by one (1) entity; however that all affected land owners have given written consent to this application. (2) Uses. Table 3 -300 and Table 3 -320 as referenced in this Standard are not appropriate for this application since subject property is currently zoned PUD and the residential uses proposed ARE uses that are allowed in the PUD. (3) Dimensional Limitations. Table 3 -340 and Table 3 -320 as referenced in this Standard are not appropriate for this application since subject property is zoned PUD and dimensional limitations are governed by its PUD Guide. Variations of the dimensional limitations set forth in the Cordillera Subdivision Fifth Amended and Restated Planned Unit Development Control Document, August 2, 1999 may only be authorized pursuant to Section 5 -240 F.3.f., Variations Authorized provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. In determining whether a Variation to allow lots less than two acres in Planning Parcel U should be granted, the following is found: Section 5- 240.F.3.f.(b). Avoid Environmental Resources and Natural Hazards By removing most development from Planning Parcel O ( "The Southern Parcel ") to create approximately 416 acres of Open Space, the proposed PUD DOES avoid valued environmental resources (wildlife habitat) and natural hazard lands as identified in Section 3- 310.B.1., Purpose (4) Off - Street parking and Loading. It HAS previously been demonstrated that off - street parking and K., loading provided can comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards It IS NOT anticipated that a reduction will be requested for either Shared Parking or Actual Needs. (5) Landscaping. It HAS previously been demonstrated that landscaping provided in the proposed PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards (6) Signs. A comprehensive sign plan for the Cordillera PUD that is determined to be suitable for it EXISTS with the Cordillera PUD Guide. (7) Adequate Facilities. It HAS been demonstrated .that the proposed development will provide adequate facilities for potable water supply, sewage disposal, solid waste disposal, or fire protection, given approval by the Board of Eagle County Commissioners of 1041 Amendment File No. 1041- 00026. Same HAVE previously been demonstrated to be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. It CAN be demonstrated that all of the improvements standards applicable to the proposed development will be as specified in Article 4, Division 6, given approval by the Board of Eagle County Commissioners of Variation from Improvement Standards File No. VIS- 00006. (a) Safe, Efficient Access. It HAS been demonstrated that there is safe, efficient access to all areas of the proposed development. (b) Internal Pathways. It HAS been demonstrated that internal pathways form a logical, safe and convenient system for pedestrian accesses with appropriate linkages off -site. (c) Emergency Vehicles. It HAS been demonstrated that the roadways are designed to permit access by emergency vehicles to all lots or units. (d) Principal Access Points. It HAS been demonstrated that the principal vehicular access points are designed to provide for 0 smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. (e) Snow Storage. Adequate areas for snow storage HAVE been provided on the plans submitted. (f) Variance from Improvement Standards Granted. A Variance from the Improvement Standards set forth in Article 4, Division 6 was granted on March 27, 2000 by the Board of Eagle County Commissioners pursuant to File. No. VIS- 00006. (9) Compatibility With Surrounding Land Uses. The transfer of density to a location around the golf course clubhouse IS compatible with the resort nature of the surrounding resort land uses. (10) Consistency with Master Plan. The proposed Cordillera PUD Amendment HAS ALREADY BEEN shown to be primarily consistent with the Eagle County Master Plan and Future Land Use Map, as well as with the Eagle County Open Space Plan and the Edwards Sub -Area Plan. The proposed density shift does not affect the Eagle County Comprehensive Housing Plan. (11) Phasing. The Preliminary Plan for Planning Parcel U -1 of the PUD DOES include a phasing plan for the development, and guarantees WILL BE provided with the Final Plat for those public improvements and amenities not previously collateralized that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements SHALL BE constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. (12) Common Recreation and Open Space. The proposed Amendment to the Cordillera PUD does not change that the Cordillera PUD HAS ALREADY BEEN shown to comply with the common recreation and open space standards of this Section. Over 25% of the total PUD area IS devoted to open air recreation or other usable open space, public or quasi - public, in the form of golf courses and other conforming open space, and the PUD DOES provide a minimum of 5 } ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are to be residents of the PUD. The Improvements Required, Continuing Use and Maintenance, and Organization Standards HAVE previously been met. (13) Natural Resources Protection. Pursuant to the language of this Standard, it is assumed that the proposed PUD HAS considered the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards 3. That pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to Preliminary Plan for PUD the proposed Amendment: (1) Is consistent. The proposed Amendment to the Cordillera Planned Unit Development to transfer 25 lots from Planning Parcels A and O to Planning Parcel U -1 (a part of Planning Parcel U) IS consistent with the efficient development and preservation of the entire PUD; (2) Does not affect in a substantially adverse manner. The proposed Amendment to the Cordillera Planned Unit Development 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) Does not grant special benefit. The proposed Amendment to the Cordillera Planned Unit Development IS NOT granted solely to confer a 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 Squaw Creek Realty Corporation, A Colorado Corporation and Kensington Partners for approval of the CORDILLERA SUBDIVISION SIXTH AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT, MARCH 27, 2000, attached hereto as Exhibit B and thereby incorporated herein by reference, File No. PDP- 00025 be and is hereby approved subject to the following conditions: 1. Lot Transfers. No more than 5 lots shall be moved from the "Village Center" (Planning Parcel A, Tract X), and no fewer than twenty lots from the "Southern Parcel" (Planning Parcel 0), shall be allowed to be transferred to new Planning Parcel U -1 in the Mountain Tract." 2. Wildlife Mitigation Plan. Prior to recording of any Resolution of the Board of Eagle County Commissioners approving this file PDA- 00025, a fully executed Amendment to the Wildlife Mitigation and Enhancement Plan for Cordillera's "Mountain Tract" for Planning Parcel U -1 incorporating the following language shall be recorded at the time of recording of the Resolution: "No portion of any building envelope associated with any of the 40 residential units on the 36 acres composing Planning Parcel U -1, nor any clearing for wildlife mitigation (as further described in Section 7.13 of the original Mitigation Plan recorded at Reception No. 697723 in the records of Eagle County), shall encroach into any designated wildlife movement corridor." 3. Legal Description of "The Southern Parcel" (Planning Parcels O, 0-1, 0-2). A full legal description of the entire "The Southern Parcel" (Planning Parcels 0, 0-1, and 0 -2) shall be recorded as part of any Resolution approving this File No. PDA- 00025. - 4. All Material Representations. Except as otherwise modified by these conditions of approval, all material representations of the Applicant in its submittal package and in public hearing shall be binding. THAT, the CORDILLERA SUBDIVISION SIXTH AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT, MARCH 27, 2000, 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. 24 -68 -101, et seq. MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its N meeting held the day tunc to the 27 day of March, s, of , 2000 2000, nunc pro COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS jid s 4 BY: I�, Sara J. sher Tom C. Stone, Chairman Clerk of the Board of County Commissioners n M Commissioner seconded adoption to the foregoing resolut' n. The roll having been called, the vote was as follows: Commissioner Tom C. Stone 12,o x— Commissioner Johnnette Phillips Commissioner Michael L. Gallagher This resolution passed by C7 - o vote of the Board of County Commissioners of the County of Eagle, State of Colorado.