HomeMy WebLinkAboutR00-057 approval of PUD for Adam's Rib Frost CreekCommissioner moved adoption of the followi Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - 057* APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR ADAM'S RIB - FROST CREEK FILE NO. PDS -00018 WHEREAS, on or about September 15, 1999, the County of Eagle, State of Colorado, accepted for filing an application submitted by Adam's Rib (hereinafter "Applicant ") for approval of the Planned Unit Development Sketch Plan for Adam's Rib - Frost Creek, Eagle County File No. PDS - 00018; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: A mixed use Planned Unit Development including the following uses: • A private 18 -hole golf course community consisting of 300 single family lots and 15 accessory units on 1109 acres. Fifty -two of the single family units will be . "clustered" on approximately 7,000 square foot parcels with the remainder (248 units) averaging 1.5 acre lots. The placement of the 15 accessory units has not been limited to any specific area or parcels; The commercial component is limited to 30,000 square feet and includes: restaurants, bars, clubhouse, pro shop, offices, real estate sales, and limited retail use. • Additional uses allowed but not included in the commercial designation are: civic uses, recreational /athletic facilities, certain storage and maintenance areas, special district and homeowner association facilities and offices, and postal facilities; Page 1 of 8 111111111111111111111111111111111111111111111111111111 IN III 727888 04/20/2000 33:51P 370 Sara Fisher 1 of 8 R 0.00 D 0.00 N 0.00 Eagle CO r • An industrial component of 20,000 square feet to accommodate the wastewater treatment facility (150,000 gallons /day), central water treatment facility, and administration building. • Open space totaling approximately 670 acres of which 236 acres is golf course. • An internal trail system as well as an 8 foot path along Brush Creek Road from the site's northern boundary to the southern access point. • A 1% real estate transfer fee to be dedicated to the County for housing, recreation and wildlife as provided in the Sketch Plan. 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; and, WHEREAS, at its public hearings held December 1, 1999, December 10, 1999 (site visit only), and January 5, 2000, the Planning Commission, based upon its findings, recommended denial of the proposed PUD Sketch Plan; and WHEREAS, at its regular hearings of January 18, 2000, January 31, 2000 (site visit only), and February 22, 2000, March 20, 2000, and March 27, 2000, the Eagle County Board of Commissioners (hereinafter 'Board "), considered the PUD Sketch Plan, associated plans, the recommendation of the Planning Commission, the staff reports, and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons, including representatives of the Town of Eagle. BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, THE BOARD, PURSUANT TO SECTION 5- 240.F.2.d., FINDS that the Plan is conceptually consistent with the applicable standard in Section 5- 240.F.3.e and, to the degree required for sketch plan approval, specifically 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. It IS represented that title to all land is owned or controlled by one (1) corporate entity. (2) Uses. The uses that may be developed in the proposed 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 ", or Table 3 -320, "Commercial and Industrial Zone Districts Use Page 2 of 8 r C1 Schedule ", for the zone district designation in effect for the property at the time of the application for PUD. Should this proposal proceed, a request for Variation pursuant to Section 5- 240.F.3.f. Variations Authorized shall be submitted. (3) Dimensional Limitations. The dimensional limitations that shall apply to the proposed 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. Should this proposal proceed, a request for Variation pursuant to Section 5- 240.F.3.f. Variations Authorized shall be submitted. (4) Off-Street Parking and Loading. It HAS been demonstrated that off - street parking and loading provided in the proposed PUD can comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards (5) Landscaping. It HAS 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. It HAS been demonstrated that the sign standards applicable to the proposed PUD can be as specified in Article 4, Division 3, Sign Regulations Applicant HAS submitted a comprehensive sign plan for the PUD pursuant to Section 4 -340 D, Signs Allowed in a Planned Unit Development (PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. It HAS been demonstrated adequately for sketch plan approval that the proposed development for the PUD will provide 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. Water and sewer service will be revisited in more detail at Preliminary Plan and for Permits of Area and Activities of Statewide Interest pursuant to Chapter 6 of the Eagle County Land Use Regulations. (8) Improvements. It HAS been demonstrated that the improvements standards applicable to the proposed development will be as specified in Article 4, Division 6, Improvements Standards or that as a result of deviation from the County's road standards, the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: Page 3 of 8 (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right -of -way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off -site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose ofproviding emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off - street parking areas. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistency with Master Plan. The proposed PUD IS consistent with the Master Plan, including, the Future Land Use Map (FLUM). The FLUM shows the area of Page 4 of 8 r this PUD as part of a future resort. The proposed PUD is also consistent with the Eagle Area Community Plan. And to the extent the PUD is deemed not consistent with either ofthose plans, such inconsistency is warranted by changed circumstances since the adoption of those plans. Some of those circumstances being the increased demand for residential property in the Eagle area, the purchase by State Parks of a large portion of property formally included with Adam's Rib for a state park, the annexation and approval by the Town of Eagle and the development of a large planned unit development known as 'Eagle Ranch" in the Brush Creek Valley, and the sketch plan approval of "The Ranch" development by the County. (11) Phasing. Inasmuch this Standard is a requirement of the Preliminary Plan for PUD it does not apply. A Phasing Plan HAS been submitted. (12) Common Recreation and Open Space. The proposed PUD DOES comply with the following common recreation and open space standards: (a) Minimum Area. A minimum of 25% of the total proposed PUD area WILL be devoted to open air recreation or other usable open space, public or quasi - public, and the proposed PUD DOES provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the proposed PUD. (b) Improvements Required. Inasmuch this Standard is a requirement of the Preliminary Plan for PUD it does not apply. (c) Continuing Use and Maintenance. Inasmuch this Standard is a requirement of the Preliminary Plan for PUD it does not apply. (d) Organization. Inasmuch this Standard is a requirement of the Preliminary Plan for PUD it does not apply. (13) Natural Resource Protection. 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 THE BOARD FURTHER FINDS pursuant to Section 5- 280.B.2.d. that the subdivision sketch plan application is conceptually consistent with the standards required by Section 5- 280.B.3.e. for approval and specifically finds that to the degree required for sketch plan: ■ Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: Page 5 of 8 r r (1) The proposed subdivision IS consistent with the Master Plan, including, the Future Land Use Map (FLUM) The FLUM shows the area of this PUD as part of a future resort. The proposed PUD is also consistent with the Eagle Area Community Plan. And to the extent the PUD is deemed not consistent with either of those plans, such inconsistency is warranted by changed circumstances since the adoption of those plans. Some of those circumstances being the increased demand for residential property in the Eagle area, the purchase by State Parks of a large portion of property formally included with Adam's Rib for a state park, the annexation and approval by the Town of Eagle and the development of a large planned unit development known as "Eagle Ranch" in the Brush Creek Valley, and the sketch plan approval of "The Ranch" development by the County. (2) The proposed subdivision IS consistent with the Eagle County Land Use Regulations. (3) The spatial pattern IS efficient. The project IS "located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a `leap frog' pattern of development. ": (a) Utility and Road Extension: It HAS been shown that proposed utility extensions are consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan (b) Serve Ultimate Population: It HAS been shown that utility lines will be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under -sized lines. (c) Coordinate Utility Extensions: "Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un -served area." (4) The property proposed to be subdivided is suitable for development. (5) The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. Page 6 of 8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application for approval of the Planned Unit Development Sketch Plan for Adam's Rib -Frost Creek be and is hereby granted, subject to compliance with the following conditions: 1. That the lots be reconfigured as described by applicant's wildlife expert Allen Crockett at the March 27, 2000 hearing to mitigate wildlife impacts. THAT, the Sketch Plan 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. Section 24 -68 -101, et seq. Sketch Plan approval is expressly conditioned on the County's authority to impose further restrictions or limitations on the PUD consistent with the Eagle County Land Use Regulations which are necessitated by impacts which are not yet recognized or which are more severe than realized under the review given at the hearings on the Sketch Plan. 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 Corgnussioners of the County of Eagle, State of Colorado, at its regular meeting held the day of —, 2000, nunc pro tunc March 27, 2000. COUNTY OF EAGLE, STATE OF P COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS 1 0 F-1 , W"'A Clerk of the Board of County Commissioners Michael L. By qhnnette Phillips, Commissioner Page 7 of 8 Commissione seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Johnnette Phillips --aF This Resolution passed by � � vote of the Board of County Commissioner of the County of Eagle, State of Colorado. G: \j imwip\Frstcrk- sketch.wpd Page 8 of 8