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HomeMy WebLinkAboutR18-032 Amendment to the Ute Creek Storage PUD File no. PDA-7080 Commissioner MI ( VILA-44zk.%-moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2018 - 05-V RESOLUTION APPROVING AN AMENDMENT TO THE UTE CREEK STORAGE PLANNED UNIT DEVELOPMENT FILE NO.PDA-7080 WHEREAS, on or about June 20, 1995, the Eagle County Board of County Commissioners (the "Board") approved Resolution 95-72 approving a Zone Change and Planned Unit Development ("PUD") Preliminary Plan for the Ute Creek Storage PUD (File Nos. PD-314- 94-P and ZC-264-94), establishing zoning and a layout for eleven (11) lots to be used for storage and light industrial uses north of Wolcott in the Ute Creek drainage; and, WHEREAS, on or about April 2, 1996, the Board approved the Final Plat (File no. PDP- 314-94-P) for the Ute Creek Storage PUD; and WHEREAS, on or about April 3, 2001, the Board approved an Amendment to the Final Plat (file No. PDF-00066) for the Ute Creek Storage PUD, reconfiguring lots, roads and easements on the property; and WHEREAS, on or about July 26, 2017, the County of Eagle, State of Colorado, accepted for filing an application (File No. PDA-7080) submitted by Matt Donovan representing Wolcott Springs Storage, LLC. (hereinafter the "Applicant") for approval of an amendment to the Ute Creek Storage PUD located east of the Eagle County Landfill at 955 Ute Creek Road (hereinafter the"Property"); and WHEREAS, the Applicant seeks approval to amend the Ute Creek Storage PUD Guide to allow the composting of organic material as a use by right on all lots within the Ute Creek Storage PUD; and WHEREAS, notice of the proposed Ute Creek Storage PUD Amendment was mailed to all owners of property adjacent to the Ute Creek Storage PUD 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 meetings for consideration of the applications by the Eagle County Planning Commission (hereinafter the "Planning Commission") and the Board as required by the Eagle County Land Use Regulations, Section 5-210.E; and WHEREAS, at its regular public meeting held on January 17, 2018, the Planning Commission, based upon its findings, unanimously recommended approval of the proposed Ute Creek Storage PUD Amendment with conditions; and WHEREAS, at its public hearing held on March 13, 2018 (the "Public Hearing"), the Board considered the proposed Ute Creek Storage PUD Amendment and the statements and concerns of the Applicant, the Eagle County Planning Department, Eagle County Engineering staff, a recommendation from the Colorado Department of Public Health and the Environment, other referral agencies and interested persons, and the recommendation of the Planning Commission, and; WHEREAS, at the conclusion of the Public Hearing, the Board voted unanimously to approve the PUD Amendment, with conditions as listed herein; and WHEREAS, the approved amended Ute Creek Storage PUD Guide is attached to this Resolution as Exhibit A. WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendations of the Planning Commission, and comments from all interested parties, the Board finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That all standards required for an Amendment to a Planned Unit Development have been met as required by the Eagle County Land Use Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the Ute Creek Storage PUD Amendment described herein and in Eagle County File No. PDA-7080 be and is hereby approved, subject to the following conditions: 1. In order to minimize the number of vehicle trips on Ute Creek Road,on-site sales of composted materials will be limited to bulk quantities (i.e. pickup truck loads or larger). This condition of approval shall not be applicable at such point in time when improvements are made to the Hwy 131/Ute Creek Road intersection eliminating the concern for further traffic impacts to this intersection; 2. In the event that wildlife begins using any composting facility as an artificial feeding site, the owner of the facility shall work with Colorado Parks and Wildlife officials to identify and implement appropriate management strategies; and 3. Except as otherwise modified by this proposal, all material representations made by 2 the Applicant with this application and in public meeting shall be adhered to and considered conditions of approval. THAT, the Board directs the Eagle County Community Development Department to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 1 day of (AMA-M , 2018, tunic pro nuc to the 13th day of March, 2018. (ft'i•P*2 C(1 COUNTY OF EAGLE, STATE OF , COLORADOBy and Through Its A v BOARD F UNTY OMM/.STONERS S . ' 400 / coLost" By: 0Y1/11 / At— or" C •rk the Board of Kathy tio er.., -nry ounty Commissioners "•• A 743 Jill..,, . Ryan missipir 7. (Yr Ci) .(4. nne McQueene ri ommissioner Commissioner Il"fb=.-e----k seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry OriA Commissioner Ryan tilr—vv" Commissioner McQueeney 6 This resolution passed by / vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 UTE CREEK PLANNED UNIT DEVELOPMENT CONTROL GUIDE A) PURPOSE To regulate land uses and impacts and to assure orderly use and maintenance of a general purpose storage facility and a waste reduction facility. B) USES BY RIGHT 1. Outdoor Storage a. Vehicles including but not limited to automobiles,trucks, recreational vehicles,farm equipment,trailers and related parts and equipment. b. Construction equipment including but not limited to cranes, bulldozers, maintenance vehicles,trucks etc. c. Construction materials including but not limited to wood,logs,lumber, stone, bricks, metals,glass, synthetics,fibers, paint,plastics,insulation, and cement. d. Mobile homes, mobile offices and modular construction parts. e. Fuel and petroleum products limited to that which is used by an owner or leaseholder and not for retail or wholesale distribution. 2. Buildings and Indoor Storage a. Temporary offices and security offices. b. Structures for the purposes of obscuring from view, security or protection from weather of any and all of the uses listed in Part B-1 above. c. All buildings must have the exterior covering and roof of non-reflective, earth-tone materials. d. All buildings must be constructed in accordance with Eagle County adopted building and fire codes. 3. Waste Reduction and Recycling Facilities a. Storage and sorting of recyclable goods and materials. b. Composting of organic waste material and the distribution and sale of compost products. C) SPECIAL USES 1. Any office-use or structure that creates a significant use, ie., one that requires infrastructure or is of a permanent nature,will be required to undergo a Special 1 Use Review. A significant use is one which generally requires human occupancy as a minimum criteria. 2. Salvage yard. D) PERFORMANCE STANDARDS All owners, leaseholders, occupants or users within the PUD are required to follow regulations imposed herein. 1. All drainage ways, drainage structures, culverts, erosion control devices, detention ponds, etc., as approved and installed must be kept in good use le condition. 2. Control of fugitive dust on access roads and common areas is the responsibility of the owner. Control of dust within individual storage lots is the responsibility of the owner, or if leased the leaseholder,occupant or user. Materials shall be stored or covered in a manner to prevent their removal from the property by natural forces. The owner, or if leased the leasehold, occupant or user of the individual lots shall be responsible for control of windblown materials on their own lots. 3. Toilet facilities for the project will be provided by the Facility Manager. Individual purchasers, leaseholders, occupants or users may provide additional toilet facilities. It is anticipated that portable, pump out type toilets will be installed for the lots developed for construction storage. If deemed necessary for public health and safety purposes,the developer of the waste reduction facility shall be required to provide an engineer designed individual septic disposal system. 4. Fuel storage shall be limited to a storage tank of up to one thousand gallons per developable lot.Adequate spill containment structures shall be designed and constructed for any parcel on which fuel is stored or on which occasional or seasonal maintenance of equipment will occur. The containment structure should be capable of holding 110%of the maximum volume of the structure undergoing maintenance. 5. In addition,the owner or if leased the leaseholders, occupants or users of the 2 facility shall comply with the Industrial and Commercial Performance Standards listed in Eagle County Land Use Regulations,Article 4, Division 4-5. E) EQUIPMENT AND MATERIAL NOT PERMTITED 1. Hazardous Materials a. Radioactive material. b. Highly flammable or volatile material or chemicals. 2. Non-Useable Materials a. Materials and supplies not stored in proper containers. F) SIGN CODE The adopted sign code of Eagle County in effect at the time of final approval of the Ute Creek Storage Planned Unit Development shall provide the minimum standards for signs within the PUD. Other requirements as contained within this document may apply as well. G) FENCING 1. Security fencing to be employed around the perimeter of the property shall be chain-link and a minimum of six feet in height as measured from grade. 2. Internal and convenience fencing may be either chain link or a variety of wood and wood/wire combinations. H) LIGHTING 1. All operational and security lighting shall be oriented laterally and downward onto the storage areas. 2. The number of light sources should be limited wherever possible. A number of lower intensity sources close to the area to be lit is preferred over one remote intense source. 3. The height of light fixtures shall be limited to twenty feet, as measured from grade. I) OPEN SPACE 1. A minimum of 25%of the project will remain open. 3 2. The owner or Facility Manager will be responsible for maintenance of the open space areas. J. LOT COVERAGE (overall PUD area) 1. Maximum square footage of buildings allowed over entire PUD: 5 0%of total PUD area. 2. Maximum lot coverage of buildings allowed over entire PUD: 50%of total PUD area. 3. Maximum impervious cover allowed over entire PUD: 75%of total PUD area. 4. Maximum floor area ratio allowed over entire PUD: 0.5 : 1.0 5. Building Setbacks a. Front Yard- 15 feet b. Side and Rear Yard- 10 feet 6. Maximum Height of Building: 40 feet 7. Minimum distances between structures shall be based on adopted Eagle County building codes,the Eagle County Building Resolution, and applicable fire codes at the time of building permit application. 8 . Minimum Lot Area: 7,500 square feet K. PARKING 1. On lots which structures will be located,the adopted parking standards of the Eagle County Land Use Regulations will be required. 2. On lots which no permanent structures will be located,the parking of vehicles, equipment and materials shall be allowed on the entire impervious area for such lot. L. LANDSCAPING Landscaping for the project will be minimal and will be provided at the discretion of the individual owners or leaseholders. 4 M. FIRE PROTECTION 1. A ten-foot wide fuel break shall be constructed around the project boundary, where necessary. 2. A fuel break of undetermined width shall be constructed between the project open space areas and developable lots, where necessary. 3. Fire extinguishers shall be required on each developable lot for on-site fire suppression. N. RESUBDIVISION The original lots maybe sold individually or in groups. Each developable lot may be re- subdivided into smaller lots or combined with another platted lot into a larger parcel. Any re-subdivision of lots shall comply with the appropriate process and requirements of Eagle County, including all building codes. O. PROPERTY MAINTENANCE The property owner will provide for maintenance and repair of common or shared facilities(such as fences,roads, and drainage structures)through the use of lease or rental agreements. Pro rata assessments will be made on a yearly basis to provide for the day to day functions of the facility. In addition to maintenance fees,the agreement will include provisions for noxious 'weed 'control. Provisions will be made for special assessments as well, so that major repair or maintenance functions can be completed in a timely manner. 5