HomeMy WebLinkAboutR00-168 amendment to Eagle Vail PUD GuideCommissioner moved adoption
of the following Resolution:
RESOLUTION
of the
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 -14�k
APPROVAL
OF THE AMENDMENT TO THE
EAGLE -VAIL PUD GUIDE
(including an Amendment of the Text to
the Land Use Regulations)
US West (Telephone Switching Station)
FILE NO. PDA- 00031,and ZC -00040
WHEREAS, on or about August 11, 2000 the County of Eagle, State of
Colorado, accepted for filing the application submitted by US West
(hereinafter "Applicant ") for amendment of the Eagle -Vail Planned Unit
Development, Eagle County, Colorado (hereinafter the "PUD"), File No.
PDA - 00031, as well as an amendment to the text of the Eagle County Land
Use Regulations (hereinafter ''ECLUR" amendment), File No. ZC 00040; and
WHEREAS, the Applicant requested the amendment of the PUD for the
purposes of
1. Changing the lot designation from 'multifamily' to 'telephone
switching station.'
2. Defining what telephone switching station is, and what
restrictions are associated with this lot designation; and
WHEREAS, notice of the proposed amendment was mailed to all
owners of property located adjacent to the PUD, as well as the Eagle -
Vail Homeowners Association and was duly published in a newspaper of
general circulation throughout the County concerning the subject
matter of the application and setting forth the dates and times of
hearings for consideration of the application by the Planning
Commission and the Board of County Commissioners of County of Eagle,
State of Colorado (hereinafter the "Board "); and
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WHEREAS, at its public hearings of October 4 2000 the Planning
Commission, based on its findings, recommended approval of the
proposed Amendment of the Eagle -Vail Planned Unit Development, with
certain conditions; and,
WHEREAS, a public hearing was held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on
October 16th, 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
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. Title to all land is
owned or controlled by one (1) person in the sense that
a corporation is a "person."
(2) Uses. The uses that may be developed in the PUD ARE NOT
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. Variations WERE granted along
with approval of the original Sketch and Preliminary
Plan.
(3) Dimensional Limitations. 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.
Variations WERE granted along with approval of the
original Sketch and Preliminary Plan.
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(4 ) Off-Street parking and Loading. It HAS been demonstrated that
off - street parking and loading provided in the PUD
complies with the standards of Article 4, Division 1,
Off - Street Parking and Loading Standards without a
necessity for a reduction in the standards.
(5) Landscaping. Landscaping provided in the PUD DOES
comply with the standards of Article 4, Division 2,
Landscaping and Illumination Standards
(6) Signs. The sign standards applicable to the PUD ARE
NOT as specified in Article 4, Division 3, Sign
Regulations However, the current Eagle -Vail PUD has a
comprehensive sign plan, as provided in Section 4 -340
D.., Signs Allowed in a Planned Unit Development (PUD)
that IS suitable for the PUD and provides the minimum
sign area necessary to direct users to and within the
PUD.
(7) Adequate Facilities. The Applicant HAS clearly
demonstrated that the development proposed in the
Preliminary Plan for PUD and HAS provided adequate
facilities for sewage disposal, electrical supply, and
roads; the applicant HAS clearly demonstrated that the
development that was proposed in the Preliminary Plan
for PUD provided adequate facilities for potable water,
solid waste disposal and fire protection. In addition,
the Applicant HAS demonstrated that the proposed PUD
will be conveniently located in relation to schools,
police and fire protection, and emergency medical
services.
(8) Improvements. It HAS been clearly demonstrated that
the improvements standards applicable to the
development will be as specified in Article 4, Division
6, Improvements Standards regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage.
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(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 PUD IS consistent
with the Master Plan, including, but not limited to,
the Future Land Use Map (FLUM).
(11) Phasing. A phasing plan IS NOT necessary for this
development.
(12) Common Recreation and Open Space. The PUD HAS
demonstrated that the proposed development will comply
with the common recreation and open space standards
with respect to:
(a) Minimum area;
(b) Improvements required;
(c) Continuing use and maintenance; or
(d) Organization..
(13) Natural Resources Protection. 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..
3. That pursuant to Eagle County Land Use Regulations Section
5- 280.B.3.e Standards for the review of a Preliminary Plan
for Subdivision:
(1) Consistency with Master Plan. The PUD IS consistent
with the Master Plan, and it IS consistent with the
Future Land Use Map (FLUM).
(2) Consistent with Land Use Regulations. The Applicant HAS
fully demonstrated that the proposed subdivision
complies with all of the standards of this Section and
all other provisions of these Land Use Regulations,
including, but not limited to, the applicable standards
of Article 3, Zone Districts and Article 4, Site
Development Standards
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(3) Spatial Pattern Shall be Efficient. The proposed
subdivision 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 "leapfrog" pattern of development.
(4) Suitable for Development. The property which was
subdivided in 1979 IS suitable for development,
considering its topography,.environmental resources and
natural or man -made hazards that may affect the
potential development.of the property, and existing and
probable future public improvements to the area.
(5) Compatibility With Surrounding Land Uses. 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.
4. Pursuant to Eagle County Land Use Regulations Section 5-
240.F. 3.m Amendment to Preliminary Plan for PUD
(1) Is consistent. The proposed PUD Amendment to change
the lot designation from multifamily to telephone
switching station IS consistent with the efficient
development and preservation of the entire Planned Unit
Development;
(2) Does not affect in a substantially adverse manner. The
proposed PUD Amendment 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 PUD
Amendment IS NOT granted solely to confer a special
benefit upon any person; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by US West for amendments to the
Eagle -Vail Planned Unit Development be and is hereby granted,
subject to the following conditions:
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1. Except as otherwise modified by this Permit, all material
representations of the Applicant in this application and all
public meetings shall be adhered to and considered
conditions of approval.
2. All engineering requirements as per a memo dated September
19th, 2000 must be satisfied prior to the approval of a
Certificate of Occupancy issued by the Eagle County
Community Development Building Division. Specifically, all
building permit plans must show the preservation of the
access to the neighboring "Exception" parcel to the west of
the US West switching station through the access and
drainage easement as shown on the Amended Plat for Lot 2, 3,
22 Block 2, Filing 2 of the Eagle -Vail PUD.
5. Pursuant to Eagle County Land Use Regulations Section 5-
230.D., Amendment to the Text of These Land Use Regulations
or the Official Zone District Map
(1) The proposed zone change designation IS consistent with
the purposes, goals, policies and FLUM of the Eagle
County Master Plan.
(2) The zone amendment IS compatible with the uses that
surround the applicant's property, and IS the
appropriate zone district for the land.
(3) There ARE changed conditions that require an amendment
to modify the density and intensity.
(4) The proposed amendment WILL NOT result in significantly
adverse impacts to the natural environment.
(5) The proposed amendment DOES address a community need.
(6) The proposed amendment WILL result in a logical and
orderly development pattern and not constitute spot
zoning. Further, the resulting development can
logically be provided with necessary public facilities
and services.
(7) The extent to which the area to which the amendment
would apply HAS changed and continues to change is such
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that it is in the public interest to encourage a new
density in the area.
THAT, the "Amended and Restated PUD Guide for the Eagle -Vail PUD"
attached hereto incorporates the changes approved by this Resolution
and is hereby approved, effective immediately upon its recording in
the Office of the Eagle County Clerk and Recorder, and replacing in
its entirety the "Eagle -Vail PUD Guide" found in the Eagle County Land
Use Regulations.'
The Board 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
the County of E$
th day of/
October, 2000.
AND ADOPTED by the Board
e, St to of Colorado, at
00, nunc pr
of County Commissioners of
its regular meeting held
o tunc to the 16th day of
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
tom C. Stone, Chair
hnnet
BY: V v of
Michael L. Gallaghe , he
Commissioner seconded adoption of
the foregoing Resolution. he roll having been called, the vote was
as follows:
r
Commissioner Tom C. Stone
Commissioner Johnnette Phillips
Commissioner Michael L. Gallagher
This Resolution passed by �/�Y/'_I vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
ps, Comnyissli.oner
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01 s
Exhibit A
Amendments to the Eagle -Vail PUD Guide
Appendix B, Chapter II
of the Eagle County Land Use Regulations
APPENDIX B
number of Dwelling Units to be constructed on a particular Multi - Family
Lot shall not exceed the number of Dwelling Units allowed for such lot as
designated on the recorded final plat relative thereto and as further
designated in this Appendix B(4).
j. "Recreation Lot" shall mean and refer to a parcel which may be used
solely for recreational purposes such as golf, swimming, picnicking,
volleyball, open space and the like, and which may have constructed
thereon buildings associated with such uses.
k. "Single Family Lot" shall mean and refer to a parcel which may be used
solely for residential purposes and upon which not more than one building
containing two residential dwelling units may be constructed. One of the
units may not be larger than 800 square feet and may not be further
subdivided from the primary unit.
l "Telehane Switching Station" shall mean and refer to a 1 t which may be
used for housmg ele he nc sws chin xelated equipment aside:
building, end associated e mplo ee kng and excludes external antenna
anal antensupport structures
4. Use Regulations
a. Land Uses
The lots within the Eagle -Vail Subdivision, Filing Nos. 1 and 2, and
Whiskey Hill and the Amended Final Plat of Lots 2,3,22, Block 2, Filing 2
as designated and described on the recorded final plats thereof fall within
the following land use categories:
Definition Lot Description
1) Duplex Lot A) Eagle -Vail Subdivision, Filing No. 1:
Block 1, Lots 10 -72, inclusive;
Block 2, Lots 1 -7, inclusive;
Block 3, Lots 1 -15, inclusive;
Block 3, Lots 28 -72, inclusive;
Block 3, Lots 74 -101, inclusive;
Block 3, Lots 110 -126, inclusive;
Block 6, Lots 1 -11, inclusive;
Block 6, Lots 14 -20, inclusive;
Block 6, Lot 28;
Block 7, Lots 1 -6, inclusive;
Block 8, Lots 1 -6, inclusive;
C C
APPENDIX B
Tract F.
B) Eagle -Vail Subdivision, Filing No. 2:
Block 1, Lots 1 -19, inclusive;
Block 1, Lots 25 -51, inclusive;
Block 1, Lots 53 -79, inclusive;
Block 1, Lots 7 -21, inclusive;
Block 3, Lots 13 -42, inclusive;
Block 4, Lots 1 -15, inclusive;
Block 4, Lots 16 -38, inclusive;
Block 4, Lots 42 -97, inclusive.
Q Whiskey Hill Subdivision
Lots 1 -34, inclusive.
2) Fourplex Lot A) Eagle -Vail Subdivision, Filing No. 1:
Block 1, Lots 3 -9, inclusive;
Block 3, Lots 16 -27, inclusive;
Block 3, Lots 102 -104, inclusive;
Block 4, Lots 1 -8, inclusive;
Block 5, Lots 1 -14, inclusive.
B) Eagle -Vail Subdivision, Filing No. 2:
Block 1, Lots 20 -23, inclusive;
Block 1, Lot 52;
Black 2, L6ts 4 =6; inclusive;
Block 3, Lots 1-9, inclusive, Lot 12;
Block 4, Lots 40 and 41.
Q Amended Final Piat bfLot 2, 3,22, Block 2Frl�ng 2
Block 2, Lot 3
3) Multi - Family Lot A) Eagle -Vail Subdivision, Filing No. 1:
Block 3, Lots 73 and 105;
Block 3, Lots 106 and 109;
Lots 2, and 3 (formerly Block 3, Lots 107 and 108);
Block 6;
Tracts G, J and K.
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APPENDIX B
B) Eagle -Vail Subdivision, Filing No. 2:
Block 1, Lot 80;
Block. 2, Lots 1;
Block 2, Lot 22.
C) Whiskey Hill Subdivision
Lot 35.
D Amended Final Fiat oLots 2, 3, 22 Block 2 Filing 2
y
Block 2, Lot "Exception"
Black 2;�Lot 22�
4) Commercial Lot A) Eagle -Vail Subdivision, Filing No. 1:
Block 1, Lots 1 and 2;
Block 9, Lots 1 -4, inclusive.
B) Eagle -Vail Subdivision, Filing No.2:
Block 4, Lot 39.
5) Recreation Lot A) Eagle -Vail Subdivision, Filing No: 1:
Tracts A, B, C, D, E and I.
B) Eagle -Vail Subdivision, Filing No. 2:
Tracts A, B, C, D, E, F, G and H.
6) Commercial
Limited Lot
7) Church Lot
8) Detached
Townhome Lot
A) Eagle -Vail Subdivision, Filing No. 1,
Lot 1, Mountain Terrace:
A) Eagle -Vail Subdivision, Filing No. 2,
Block 2, Lot 1A. (orig. 11/28/89)
A) Eagle -Vail Subdivision, Filing No. 2,
Block 3, Lots 10 -11. (orig. 9/16/92)
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APPENDIX B
9) Single Family Lot A) Oleson Subdivision
Lots 1 -3
10) Tclephgne Switching A) Aizientled Final - Plditbiff Lots 2, 22 Block 2; Filing 2
Station Lot ,Block 2 Lot 2
5. Uses, Special Review:
A lot which can be used solely for multiple family residential purposes, condominiums,
apartments, retail shops, service shops (excluding automobile service stations),
restaurants, motels, hotels, lodges, professional offices and medical clinics, and upon
which the number of dwelling, condominium, apartment, motel, hotel or lodge units to be
constructed and the number of buildings to be so constructed upon said lot shall be as
approved by the Board; provided that said lot shall not exceed 60,000 square feet of
enclosed floor space (exclusive of underground parking garages) per acre of land.
on
APPENDIX B
(7) Maximum Building 35 feet (orig. 9/16/92)
Height:
(8) Front Setback:
25 feet from property line of the
original lot. (orig. 9/16/92)
(9) Side and Rear 12 -1/2 feet or 1/2 the
Setbacks: height of any building,
whichever is greater, from
property line of the original lot.
(orig. 9/16/92)
(10) Snow Removal:
20% of outside parking and driveway
area. Snow removal space must have
a minimum dimension of 6 feet on
all sides, be not more than 12 feet
deep and be adjacent to parking or
driveway area. No trees and shrubs
will be allowed in snow storage area.
(orig. 9/16/92)
(11) Parking: 3 spaces per unit. One of these
spaces may be located behind a
garage door only if the use of each
space is formally allocated to a
specified unit (legally controlled).
(orig. 9/16/92)
(12) Fractional Fee Estates and Bed and Breakfast Home Occupations are
prohibited. (orig. 9/16/92)
h Telephone Switching Station tation (brig. 10/16/00)
Purpose: To provide for the existence and necessary development of a telephone
switching station. (orig. 10/16/00)
(1) Uses by Right;
a Telephone Switching Station
(2) Uses, Special Review
a. Telecommunication Facilities As defined in the` Eagle County Land
Use Regulations.'
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APPENDIX B
7. Minimum Use Standards: All commercial development shall comply with the following
requirements:
(a) All fabrication, service and repair operations shall be conducted within a
building;
(b) All storage of materials shall be within a building;
(c) Loading and unloading of vehicles shall be conducted on private property
and not on any street or alley;
(d) No dust, noise, odor, glare or vibration shall be projected beyond the lot;
(e) All outside parking abutting or facing a lot in a residential zone shall be
enclosed by - a sight- obscuring landscape buffer or fence. The landscape
buffer or fence shall obstruct the parking from view on the sides of the
property abutting or facing the lot. The landscape buffer or fence shall be
of such material and design so as not to detract from adjacent residences
and shall be built according to plans submitted by the owner to and
approved by the County Zoning Administrator;
(f) A landscape plan shall be prepared by a landscape architect or other
qualified landscape designer.
8) Signs
A) Purpose:
1) To create a unified comprehensive sign program for community
identification and location and identification of public facilities;
2) To create a style and mood for the community and to orient visitors and
residents.
B) Applicability:
The provisions of this section shall apply to all public signage. All private
and commercial uses shall conform to Division 4 -3, Sign Regulations
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