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HomeMy WebLinkAboutR00-086 denial of Ute Creek at Wolcott PUD� C
Commissioner N L P4 moved adoption
of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000
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! 171JIT""IN 2 9 72G)OO
EAGLE COUNTY ATTORNEY
OF THE SKETCH PLAN OF THE
UTE CREEK AT WOLCOTT PLANNED UNIT DEVELOPMENT
FILE NO: PDS -00016
WHEREAS, on or about June 9, 1999 the County of Eagle, State
of Colorado, accepted for filing the application submitted by CJC
Properties, Ltd. and CP Limited Partnership (hereinafter
"Applicant ") for approval of the Planned Unit Development [PUD]
Sketch Plan for the Ute Creek at Wolcott PUD, File No. PDS - 00016
and,
WHEREAS, approval of the. - Application would allow for
redevelopment of the existing commercial /industrial 72.357 acre
Ute Creek PUD, the Final Plat thereof recorded in Book 691 at
Page 666 of the Records of Eagle County, to allow smaller lot
sizes, a fire station site, a school site, and open space; and a
new development comprised of 625 manufactured housing lease
spaces, 321 single family lots, 40 townhome units, a golf course
and related facilities, "community center" building, open space,
and trails, all on 1,736.97 acres, more or less, north and east
of the hamlet of Wolcott, east of State Highway 131 and south of
Muddy Creek Road, the legal description of which is attached
hereto as submitted by Applicant and titled "Exhibit A: Ute Creek
Land Description - DRAFT "; and,
WHEREAS, at the conclusion of its public hearings, held
December 15, 1999, January 19, 2000, February 16, 2000, and March
1, 2000, the Eagle County Planning Commission, based on its
findings, recommended denial of the proposed Sketch Plan for the
Ute Creek at Wolcott PUD; and, f`
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732820 06/23/2000 03:30P 370 Sara Fisher
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WHEREAS, public hearings were held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on
April 3, 2000, April 24, 2000, and May 30, 2000; and,
WHEREAS, based on the evidence, testimony, exhibits, study
of the Master Plan for the unincorporated areas of Eagle County,
comments of the Eagle County Department of Community Development,
comments of public officials and agencies, the recommendation of
the Eagle County Planning Commission, and comments from all
interested parties, the Board of County Commissioners of the
County of Eagle, State of Colorado, finds as follows:
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. That 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)
entity.
(2) Uses. Subject property is currently zoned Resource [R]
( ±1737 acres) and PUD (± 72 acres). Multi - Family
Dwelling Units and, Mobile Home Parks ARE NOT uses
that are allowed by right, as a Special Use, or
Limited Review Use in the Resource Zone District
according to Table 3 -300 of the Eagle County Land Use
Regulations. Fire stations and schools, manufacturing,
wholesale establishments, offices, major new domestic
water and /or wastewater systems and
municipal /industrial water projects and other uses
requested ARE NOT uses allowed in the existing Ute
Creek PUD. Variations of the use limitations set
forth in Table 3 -300 and the existing Ute Creek PUD
Guide may only be authorized pursuant to finding that
one Standard of Section 5 -240 F.3.f., Variations
Authorized has been met. The Board determined that,
since it is denying File No. PDS -00016 on other
grounds, it is not necessary to.find whether a Basis
[Standard] for Granting Variations pursuant to Section
5 -240 F.3.f. (3) (a) through (f) could be found to
conceptually exist.
(3) Dimensional Limitations. Subject property is currently
zoned Resource [R] ( ±1730 acres) and PUD (± 92 acres).
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Lots less than 35 acres in the Resource Zone District
ARE NOT in accordance with Table 3 -340, "Schedule of
Dimensional Limitations;" lots greater than 7,500square
fee ARE NOT allowed in the current Ute Creek PUD
Guide; setbacks, building lot coverage, lot impervious
coverage, and floor area ratios ARE NOT as set forth in
Table 3 -340, the existing Ute Creek PUD Guide, and /or
Section 3- 3- 310(Y) Mobile Home Park Standards of the
Eagle County Land Use Regulations. Variations of the
dimensional limitations set forth in Table 3 -340 and
the existing Ute Creek PUD Guide may only be authorized
pursuant to finding that one Standard of Section 5 -240
F.3.f., Variations Authorized has been met. The Board
determined that since it is denying File No. PDS -00016
on other grounds, it is not necessary to find whether a
Basis [Standard) for Granting Variations pursuant to
Section 5 -240 F.3.f.(3)(a) through (f) could be found
to conceptually exist.
(4) Off - Street parking and Loading. It HAS been
conceptually demonstrated that off - street parking and
loading provided can comply with the standards of
Article 4, Division 1, Off - Street Parking and Loading
Standards
(5) Landscaping. It HAS been conceptually demonstrated
that landscaping provided in the proposed PUD can
comply with the standards of Article 4, Division 2,
Landscaping and Illumination Standards and a request
for a Variation from these standards will be
unnecessary. It HAS been conceptually demonstrated
that Illumination Standards can comply with the
standards of this Article 4, Division 2.
(6) Signs. Applicant HAS submitted a conceptual
comprehensive sign plan for the PUD pursuant to Section
4 -340 D, Signs Allowed in a Planned Unit Development
( PUD).
(7) Adequate Facilities. It HAS been demonstrated that the
proposed development conceptually could provide
adequate facilities for potable water supply, sewage
disposal, solid waste disposal, electrical supply, fire
protection and roads; HOWEVER THAT, because of the
project's distance from service providers and existing
infrastructure, same are NOT conveniently located in
relation to schools, police and fire protection, and
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emergency medical services, particularly in terms of
travel and response times; and that provision of
adequate facilities for water and sewage disposal could
potentially result in infrastructure redundancy.
(8) Improvements. It CAN be conceptually demonstrated that
all of the improvements standards applicable to the
proposed development will be as specified in Article 4,
Division 6; HOWEVER THAT, although Applicant asserts
that roads will be designed to meet applicable
regulations, should application for a Variation from
Road Improvement Standards be necessary at Preliminary
Plan access via Muddy Creek Road and the sprawling
nature of the site plan (long roads servicing few lots
and multiple creek crossings) DOES NOT NOW DEMONSTRATE
efficiency of infrastructure design; environmental
impacts are significant according to the Colorado
Division of Wildlife (CDOW); internal pathways do not
demonstrate appropriate linkages off -site pursuant to
comments of the U.S. Forest Service (USFS), Bureau of
Land Management (BLM), and CDOW; principal vehicular
access points, particularly on Muddy Creek Road, State
Highway 131, and U.S. 6, have not been shown to provide
smooth traffic flow, or minimize hazards to vehicular,
pedestrian, and bicycle traffic.
(9) Compatibility With Surrounding Land Uses. The proposed
PUD IS NOT compatible conceptually with the public and
unplatted private lands surrounding the development.
Specifically, the proposed development, as a new urban
center in an otherwise highly rural environment, would
cause unacceptable negative impacts to adjacent private
ranch lands as well as public lands and their wildlife
habitat as identified by the USFS, BLM, and CDOW in
their referral responses; and such intense residential
development is otherwise inappropriate adjacent to a
public landfill and a water and sanitation district
composting facility and could compromise the continued
use and future operation of these public facilities.
(10) Consistency with Master Plan. The proposed PUD, if
extensively conditioned COULD conceptually be shown to
be primarily consistent with the Eagle County Master
Plan, the Future Land Use Map; the Wolcott Area
Community Plan; the Eagle County Open Space Plan; the
Eagle River Watershed Plan; and the Eagle County
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Comprehensive Housing Plan. The Board further
determined that since it is denying File No. PDS -00016
on other grounds, it is not necessary to develop those
conditions necessary to bring the Ute Creek at Wolcott
project into conceptual compliance with said master
plans.
(11) Phasing. This finding applies specifically to
Preliminary Plan.
(12) Common Recreation and Open Space. Over 250 of the
total proposed PUD area (approximately 432.5 acres)
WILL be 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; the proposed
PUD DOES provide an additional minimum of 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 proposed PUD (approximately 25 acres).
The Improvements Required, Continuing Use and
Maintenance, and Organization Standards are
requirements of the Preliminary Plan.
(13) Natural Resources Protection. It is assumed that the
proposed PUD HAS considered, as required by this
Standard, 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 HOWEVER THAT,
the proposed PUD does not meet, on a conceptual level,
the requirements of the following Article 4, Division 4
Standards: Section 4 -410 Wildlife Protection and
Section 4 -460 Environmental Impact Report (insufficient
information submitted).
3. That pursuant to Eagle County Land Use Regulations Section
5- 280.B.3.e. Standards for the review of a Sketch Plan for
Subdivision:
(1) Consistency with Master Plan. The proposed PUD, if
extensively conditioned COULD conceptually be shown to
be primarily consistent with the Eagle County Master
Plan, the Future Land Use Map; the Wolcott Area
Community Plan; the Eagle County Open Space Plan; the
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Eagle River Watershed Plan; and the Eagle County
Comprehensive Housing Plan. The Board further
determined that since it is denying File No. PDS -00016
on other grounds, it is not necessary to develop those
conditions necessary to bring the Ute Creek at Wolcott
project into conceptual compliance with said master
plans.
(2) Consistent with Land Use Regulations. The proposed
subdivision does NOT comply with all of the Standards
of this Section 5 -280 and all other provisions of the
Eagle County Land Use Regulations, including Article 4,
Site Development Standards As specifically determined
elsewhere in this Resolution, the proposed subdivision
does not comply, conceptually, with the following:
Article 4, Division 4 Natural Resources Protection
Article 4, Division 6 Improvement Standards Section 5-
280.B.3.e.(3) Spatial Pattern Shall be Efficient
Section 5- 280.B.3.e.(5) and Section5- 240.F.3.e.(9)
Compatible With Surrounding Uses Section 5-
240.F.3.e.(7) Adequate Facilities
(3) Spatial Pattern Shall Be Efficient. The proposed
subdivision, because it is located away from any other
similar development, is completely surrounded with
extensive public lands and a single large private land
holding, and is at a distance from existing community
services, IS NOT located and designed to avoid
creating spatial patterns that cause inefficiencies in
the delivery of public services. The project lacks
existing infrastructure or proximity to same; its
proposed water and wastewater treatment systems WILL
require duplication or premature extension of public
facilities. The project WILL result in a "leapfrog"
pattern of development since it is topographically and
by access an isolated parcel surrounded on all sides by
Resource zoning.
(4) Suitability for Development. The property proposed to
be subdivided IS suitable for development under zoning,
provided site constraints identified are honored.
(5) Compatibility with Surrounding Uses. The proposed PUD
IS NOT compatible conceptually with the public and
unplatted private lands surrounding the development.
Specifically, the proposed development, as a new urban
0
center in an otherwise highly rural environment, would
cause unacceptable negative impacts to adjacent private
ranch lands as well as public lands and their wildlife
habitat as identified by the USFS, BLM, and CDOW in
their referral responses; and such intense residential
development is otherwise inappropriate adjacent to a
public landfill and a water and sanitation district
composting facility and could compromise the continued
use and future operation of these public facilities.
4. That pursuant to Eagle County Land Use Regulations Section
5- 240.F.2.a.(8) Initiation Applicant has submitted a PUD
guide that DOES demonstrate that this Section can be fully
met at Preliminary Plan.
S. That pursuant to Eagle County Land Use Regulations Section
5- 240.F.2.a.(14)(d) and (e) Initiation: Applicant HAS
submitted a satisfactory "Statement of estimated demands for
County services" and "Statement of projected County tax
revenue based upon the previous year's County tax levy and a
schedule of projected receipts of that revenue."
6. That pursuant to Eagle County Land Use Regulations Division
4 -5 Commercial and Industrial Performance Standards This
Division of Article 4 does not apply to this application.
7. That pursuant to Eagle County Land Use Regulations Section
4 -700 School Land Dedication Standards The Eagle County
School District RE 50J has requested 13.82 acres of land;
Applicant HAS shown on that "Concept Plan for the Existing
Ute Creek PUD Area" submitted to Eagle County on February 4,
2000 that it intends to donate 14 acres.
8. That pursuant to Eagle County Land Use Regulations Section
4 -710 Road Impact Fees It is assumed that any provisions
under this Section CAN AND WILL be met at Final Plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, the application submitted by CJC Properties, Ltd. and
CP Limited Partnership for approval of the Planned Unit
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Development [PUD] Sketch Plan for the Ute Creek at Wolcott PUD,
File No. PDS- 00016 be and is hereby denied.
MOVED, READ, AND ADOPTED by the Board of County
Commissioners of the County of Eagle, tate of Colorado, at its
meeting held the day of 2000, nunc pro
tunc to the 30 day of May 2000.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY. ZA
ara J. Fi er Tom C. Stone, Chairman
Clerk of the Board of
County Commissioners
BY:
Commissioner
BY:
Michael . Ga agher, issioner
Commissioner seconded
adoption to the foregoing resolu on. The roll having been
called, the vote was as follows:
Commissioner Tom C. Stone
Commissioner Johnnette Phillips
Commissioner Michael L. Gallaghe
This resolution passed by (�} '0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
EXHIBIT A
to that
Resolution of the Board of Eagle County Commissioners
DRAFT
for File No. PDS- 00016: "Ute Creek at Wolcott"
Page 1 of 2
UTE CREEK LAND DESCRIPTION
ALL THAT REAL PROPERTY LOCATED IN SECTIONS 11 AND 12, TOWNSHIP 4 SOUTH, RANGE 83
WEST, 6 PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, KNOWN AS LITE CREEK PUD
SUBDIVISION. AND ALL THAT PROPERTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER EAST 1/16` CORNER OF SECTION 11,TOWNSHIP 4 SOUTH, RANGE 83
WEST OF THE 6 PM, COUNTY OF EAGLE, STATE OF COLORADO SAID CORNER BEING THE
POINT OF BEGINNING, BEARING ARE BASED ON THE GLO BEARING OF S89 °48'00 "E ALONG THE
NORTH LINE OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 83 WEST 6 PRINCIPAL MERIDIAN.
BETWEEN THE NE CORNER OF SECTION 1(A FOUND 1918 GLO BRASS CAP) AND CORNER #1 OF
TRACT 37 OF SECTION 1 (A FOUND 1918 GLO BRASS CAP).
THENCE N00 °18'09 "E, A DISTANCE OF 409.73 FEET;
THENCE S89 0 34'01 "E, A DISTANCE OF 2000.97 FEET;
THENCE N04 °47'14 "E, A DISTANCE OF 153.83 FEET;
THENCE N77 0 33'28 "E, A DISTANCE OF 858.78 FEET;
THENCE N67 0 02'54 "E, A DISTANCE OF 203.40 FEET;
THENCE N00 0 01'22 "E, A DISTANCE OF 885.09 FEET;
THENCE N88 °56'09 "W, A DISTANCE OF 1714.67 FEET;
THENCE N00 0 16'51 "E, A DISTANCE OF 922.69 FEET;
THENCE N00 °02'44 "E, A DISTANCE OF 1321.32 FEET;
THENCE N89 °36'51 "W, A DISTANCE OF 2634.22 FEET;
THENCE N00 °09'26 "E, A DISTANCE OF 1319.64 FEET;
THENCE N00 0 09'26 "E, A DISTANCE OF 428.80 FEET;
THENCE N89 0 57'49 "E, A DISTANCE OF 530.84 FEET;
THENCE N00 0 16'09 "E, A DISTANCE OF 583.44 FEET;
THENCE S89 °31'25 "E, A DISTANCE OF 1082.71 FEET;'
THENCE N00 °05'33 "E, A DISTANCE OF 300.01 FEET;
THENCE S89 0 31'25 "E, A DISTANCE OF 1014.34 FEET;
THENCE S89 0 38'47 "E, A DISTANCE OF 663.57 FEET;
THENCE N00'1 3'02"E, A DISTANCE OF 1783.79 FEET;
THENCE S89 °56'34 "E, A DISTANCE OF 1882.36 FEET;
THENCE N89 0 47'17 "E, A DISTANCE OF 842.77 FEET;
THENCE S89 °48'00 "E, A DISTANCE OF 2744.88 FEET;
THENCE S00 0 37'20 "W, A DISTANCE OF 2861.76 FEET;
THENCE S00 0 19'21 "W, A DISTANCE OF 265.35 FEET;
THENCE S00 0 17'35 "W, A DISTANCE OF 2405.47 FEET;
THENCE S00 0 26'35 "W, A DISTANCE OF 251.77 FEET;
THENCE S00 0 20'20 "W, A DISTANCE OF 2437.93 FEET;
THENCE S01 0 01'12 "E, A DISTANCE OF 181.05 FEET;
THENCE S00 0 04'23 "W, A DISTANCE OF 2657.85 FEET;
THENCE S00 0 25'08 "W, A DISTANCE OF 656.44 FEET;
THENCE N89 0 45'32 "W, A DISTANCE OF 3461.75 FEET;
THENCE N89 °45'32 "W, A DISTANCE OF 2645.29 FEET;
THENCE N00 0 19'27 "E, A DISTANCE OF 660.14 FEET;
THENCE N00 0 19'10 "E, A DISTANCE OF 1843.78 FEET;
THENCE N89 0 34'29 "W, A DISTANCE OF 361.69 FEET;
THENCE N00 0 16'46 "E, A DISTANCE OF 799.30 FEET;
EXHIBIT A
to that
Resolution of the Board of Eagle County Commissioners D R A F T
for File No. PDS- 00016: "Ute Creek at Wolcott"
Page 2 of 2
THENCE N89 A DISTANCE OF 958.43 FEET TO THE POINT OF BEGINNING,
CONTAINING 75311279 SQUARE FEET OR 1790.95 ACRES MORE OR LESS.
EXCEPT FOR THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 83
WEST OF THE 6 PM, COUNTY OF EAGLE, STATE OF COLORADO;
THENCE S00 °20'20 "W, A DISTANCE OF 1730.68 FEET TO THE POINT OF BEGINNING;
THENCE S00 0 20'20 "W, A DISTANCE OF 306.33 FEET;
THENCE S78 0 40'11 "W, A DISTANCE OF 1966.95 FEET;
THENCE S29 0 31'49 "W, A DISTANCE OF 1128.84 FEET;
THENCE N60 1"W, A DISTANCE OF 400.00 FEET;
THENCE N29 °31'49 "E, A DISTANCE OF 843.96 FEET;
THENCE S84 °04'18 "W, A DISTANCE OF 4064.16 FEET;
THENCE N00 0 16'46 "E, A DISTANCE OF 301.77 FEET;
THENCE N84 0 04'18 "E, A DISTANCE OF 4508.45 FEET;
THENCE N78 1"E. A DISTANCE OF 2014.76 FEET TO THE POINT OF BEGINNING,
CONTAINING 2351368 SQUARE FEET OR 53.980 ACRES MORE OR LESS.
PREPARED BY.
Contra Engineering, Inc. (CEI)
Greg Eldridge PLS # 30093
Contra Engineering, Inc.
48 E. Beaver Creek Boulevard
P.O. Box 3719
Avon, Colorado 81620
PH(970) 845 -0125