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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 ® EC" ! 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` 1111111111111111111111 1111111111111111 I I 1 111111111 IN 732820 06/23/2000 03:30P 370 Sara Fisher 1 of 10 R 0.00 D 0.00 N 0.00 Eagle CO C G 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). 2 � r 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 3 C 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 0 C 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 5 C11 C 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 7 � c 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