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HomeMy WebLinkAboutR18-062 Amendment to the Berry Creek/Miller Ranch PUD File No. PDA-6404 Eagle County, co 201814256 Regina O'Brien 08/21/2018 Pgs: 14 05:14:31 PM REC: $0.00 DOC: $0.00 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO • RESOLUTION NO. 2018- d(Q 1/ RESOLUTION APPROVING AN AMENDMENT TO THE BERRY CREEK/MILLER RANCH PLANNED UNIT DEVELOPMENT FILE NO. PDA-6404 WHEREAS, on or about August 2, 2016, the County of Eagle, State of Colorado, accepted for filing an application (Eagle County File No. PDA-6404) submitted by Colorado Mountain College (hereinafter the "Applicant") for the purpose of amending the Berry Creek / Miller Ranch Planned Unit Development Guide and Land Use Restrictions (hereinafter the "PUD Guide");and, WHEREAS, the original PUD Guide, dated February 13, 2002, was approved by the Board of County Commissioners via Resolution No. 2002-050 on March 18, 2002 (Eagle County File Nos. ZC-00053 and PDSP-00014) and recorded at Reception No. 789801; and, WHEREAS, the Applicant requested approval of an amendment (hereinafter the "Amendment") to the PUD Guide to revise Section D.1 - Land Uses and Development Standards, to specifically allow for "Contract Parking in existing Colorado Mountain parking lot", located upon and within"Tract A -Alternative Use", as a use by right;and, WHEREAS, the original, PUD Guide permitted a variety of civic, commercial, recreational,and other uses similar in nature to the proposed contract parking on Tract A,and; WHEREAS, no other changes to standards or dimensional limitations applicable to Tract A or any other development Tract within the Berry Creek / Miller Ranch Planned Unit Development have been proposed or approved in association with the proposed Amendment; and, WHEREAS, notice of the proposed Amendment was mailed to all owners of property located within and adjacent to the subject property 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 Eagle County Planning Commission(hereinafter the"Planning Commission") and the Board of County Commissioners of the County of Eagle (hereinafter the "Board") as required by Section 5-210.E, Eagle County Land Use Regulations(hereinafter"ECLURs")—Notice of Public Hearings;and, WHEREAS, at a public hearing held on December 7, 2016, the Planning Commission, based upon its findings,voted to recommend approval of the Amendment,with conditions;and, WHEREAS, at a regular meeting held on December 20, 2016,the Board considered the proposed Amendment, the statements and concerns of the Applicant,the Eagle County Planning Department, other interested persons and the recommendation of the Planning Commission and voted unanimously to approve the Amendment with the conditions listed herein, and authorized the Chair to sign on its behalf the foregoing resolution evidencing such approval;and, WHEREAS, the amended and restated Berry Creek/Miller Ranch PUD Guide is attached hereto as Exhibit A;and, WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Edwards Area Community Plan, as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board found 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 pursuant to ECLURs Section 5-240.F.3.m - Amendments to Preliminary Plan for PUD for the review of a PUD Amendment, all standards required for the Amendment have been met. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Amendment described herein is hereby approved, subject to the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All vehicles associated with contract parking in the Colorado Mountain College parking area shall be licensed and operable. 3. No vehicle service or repair will be allowed in the Colorado Mountain College parking area. THAT, the Board directs the Planning 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. 2 ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, by and through its Chair the 1 t day of d ST , 2018, minc pro tunc to the 20thday of December, 2016. COUNTY OF EAGLE, STATE OF veGLE c06 COLORADO,By and Through Its y BOARD OF OUNTY COMMISSIONERS ATTEST: ,(yt[�t1A b %took By: 1460 4 L LI 2 �i - ArrA:1 L Clerk to the Board of Kathy dl -He County Commissioners Chair 'an H. Ryan e McQueeney ommissioner C.0 waw. SS l o 14444. +4 i .k. ..�ti." IAA.u v L4-40 /O-o U p►L b c_.c - Commissioner — seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry IA-i. Commissioner Ryan 48-44 Commissioner McQueeney r4--•• This resolution passed by / 6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 EXHIBIT A Berry Creek/Miller Ranch PUD Guide ti 4 Exhibit "A" BERRY CREEK/MILLER RANCH PUD GUIDE AND LAND USE RESTRICTIONS July 5, 2016 A. Purpose This PUD Guide Plan, as originally approved on February 5,2032, sets forth the land uses and development standards for the Berry Creek/Miller Ranch PUD. This Guide Plan defines the permitted uses of land, densities, building height and bulk, and other development standards and regulations. The regulations found in this Guide Plan shall supersede those of the Eagle County Land Use Regulations. Where this Plan is silent the provisions of the Eagle County Land Use Regulations shall govern. This Plan is intended to further the goals of the Eagle County Master Plan and Land Use Regulations by creating development parameters to ensure this property is attractive, desirable, and suitable and to provide for adequate, light,air, and access for emergency services. This PUD Guide Plan, as amended,carries forward all provisions of the original PUD Guide Plan, which remain in full force and effect except as amended herein specifically regarding the Dimensional Limitations set forth for the development of a Community Center on Tract D, the Housing Tract. B. Development Review The Preliminary Plan for Berry Creek/Miller Ranch creates large development tracts for future development activities and projects that are not yet designed or detailed. The Preliminary Plan provides for the development of Miller Ranch Road and conceptually shows where access to this road may occur from individual tracts. Since building designs, landscaping, and parking areas are not yet developed for these tracts; this section shall establish the review process by which development applications on individual tracts will occur. The purpose of this review process is to ensure that development occurring on each of the tracts is consistent with the vision of the overall PUTD and Preliminary Plan. 1 . School District Tracts B, E, F, G and H. The proposed development of such tracts shall be reviewed in accordance with the applicable sections of the Colorado Revised Statutes. Statutory provisions require the School District to submit a site development plan to the Planning Commission prior to construction of any structure or building. In addition to the type of information and level of detail provided as part of the site development plan required by Statute, the School District will provide engineering detail for those elements of the site design which have potential off-site impacts, such as drainage and points of access to public roads sufficient to enable the County Engineer to review and provide recommendations to the Planning Commission. 2. Recreation Tract C.Open Space Tracts I and J. Prior to approval of any development activities or the issuance of a building permit on Tracts C, I, and J, the Eagle County Planning Commission shall review and make a recommendation to the Board of County Commissioners on the site-specific development plan. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the site-specific development plan. In its review of the site-specific development plan, the Planning Commission shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master circulation plan, and the master drainage plan for the PUD. The Board of County Commissioners shall review and approve the site-specific development plan. After the close of the public hearing,the Board shall approve, approve with conditions, or disapprove of the site-specific plan. In its review of the site- specific development plan, the Board shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master circulation plan, and the master drainage plan for the PUD. A site-specific development plan shall identify the layout of buildings, roads and parking areas, trails, landscape areas and other site features, landscape irrigation, and grading and drainage improvements. The development plan shall also include architectural design information sufficient to understand building design form, materials, and colors. The development plan should be drawn to scale and with engineering detail sufficient to allow for adequate review by the Eagle County staff and the Eagle County Planning Commission, but not to the level of detail required for a building permit or construction documentation. 3. Housing Tract D A separate final plat for the housing tract, as provided in the Eagle County Land Use Regulations,will be required prior to issuance of a building permit for development within the tract. Prior to or concurrent with the Board of County Commissioner's consideration of a final plat for the Tract D, the Eagle County Planning Commission shall review and make a recommendation to the Board of County Commissioners on the site-specific development plan. After the close of the public hearing,the Planning Commission shall recommend approval, approval with conditions, or disapproval of the site-specific development plan. In its review of the site-specific development plan, the Planting Commission shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master circulation plan, and the master drainage plan for the PUD. The Board of County Commissioners shall review and approve the site-specific development plan. After the close of the public hearing,the Board shall approve, approve with conditions, or disapprove of the site-specific development plan. In its review of the site-specific development plan, the Board shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master circulation plan, and the master drainage plan for the PUD. The site-specific development plan shall identify the final layout of buildings, roads, and parking areas, landscape areas and other uses, landscape irrigation, and grading and drainage improvements. The development plan shall also include conceptual architectural design information sufficient to understand building form, materials,and colors. The development plan should be drawn to scale and with preliminary plan level of engineering and other information sufficient to allow for adequate review by the Eagle County Staff, the Eagle County Planning Commission and the Board of County Commissioners. The Eagle County Planning Commission and the Board of County Commissioners will each hold a public hearing for consideration of the site-specific development plan. This hearing shall be scheduled after notices is placed in a newspaper of general circulation in Eagle County at least 10 days prior to the date of each of the respective hearings. 4. Alternative Use-Tract A If developed as an educational facility by either the School District or Colorado Mountain College, the site-specific development review of this Tract as prescribed in Section 5.1. above, shall be utilized. If developed for any for any other use or.by any party, the site-specific development review of the Tract as prescribed in Section B.2. above shall be utilized. C. Existing Uses A number of uses, activities and improvements on the property may not conform to the allowable uses and development standards as established by this PUD Guide. Examples of these existing uses include, but are not limited to, dwelling units,equestrian uses and related facilities, livestock grazing, commercial nursery, and other uses. All uses in place at the time of adoption of this PUD Guide may continue to operate and expand on the property. Nothing in ths PUD Guide shall be intended to discourage or prohibit the continuation of these existing uses. D. Land Uses and Development Standards The following allowable uses, densities, dimensional limitation sand other development standards shall apply to tracts within the BC/MR PUD: 1 . Tract A-Alternative Use Purpose To provide sites for collegiate facilities and other related educational, learning and training facilities and campuses. Permitted Uses: Colleges Customary college campus facilities Dormitories Learning centers and classrooms Libraries Community facilities and centers Senior centers Office/administrative buildings Childcare facilities Trails Other educational or educational related uses or other uses accessory to or customarily incidental to the operation of schools and colleges. Dimensional Limitations Minimum Lot Area: No Limitation Minimum Setbacks: 20"from perimeter lot lines Maximum Lot Coverage: Buildings: 50%of entire tract All Impervious Mat.: 80%of entire tract Maximum Floor Area: No Limitation Building Height: 45' Parking: The number and design of on-site parking shall be established during review of site specific development proposals. 2. Tract C- Recreation Purpose: To provide sites for indoor and outdoor recreation, including active and passive recreation areas, parking facilities, and other community-oriented facilities. Permitted Uses: Sports Fields Gymnasiums Recreation Centers Community Centers, including senior centers Ball fields and hard curt areas Skate parks Parks and playgrounds Picnic areas Trails Childcare facilities Transit/Park-n-Ride Facilities Education and Arts Facilities Indoor and Outdoor Swimming Pool Facilities Indoor and Outdoor Ice/Hockey Rinks Other similar indoor and outdoor recreation facilities Other public/quasi-public facilities compatible with other existing and proposed uses Utility Facilities Dimensional Limitations: Minimal Lot Area: No Limitation Minimum Setbacks: 20; from perimeter lot lines Maximum Lot Coverage: Buildings: 50%of entire tract All Impervious Mat.: 80%of entire tract Maximum Floor Area: No Limitation Building Height: 45' Parking: The number and design of on-site parking shall be established during the review of site-specific development proposals. 3. Tracts B, E, F, G, and H-School Facilities Purpose: To provide sites for schools and other education related facilities along with other accessory uses customarily related to school facilities Permitted Uses: High Schools Elementary Schools Middle Schools Learning Centers College Facilities Recreation Facilities Trails Childcare Facilities Transit/Park-n-Ride facilities Other educational related facilities or uses as the School District determines appropriate and as may be permissible within the provisions of Colorado State Statutes relative to the of school districts. Dimensional Limitations: There are no dimensional limitations on school district tracts. Additional dimensional limitations for development on this site may be established during the review of sit-specific development plan. Given the unique nature of the community uses envisioned, maximum flexibility with dimensional limitations shall be afforded without compromising light, air, and fire department access. Parking: The number and design of on-site parking shall be established during the review of site specific development proposals. 4. Tract D-Housing Purpose: To provide sites for the development of residential dwelling units and employee dwelling units at a variety of densities and in a variety of potential configurations. Permitted Uses: Single-Family Residential Dwelling Units Two-Family Residential Dwelling Units Townhomes Multiple-Family Residential Dwelling Units Seasonal Employee Housing Units Garages and carports Childcare facilities Community facilities and centers Churches Parks and recreation facilities Transit facilities Temporary real estate sales office Accessory uses compatible with and appurtenant to permitted uses. Density: Overall residential density for Tract D shall not exceed 10 dwelling units per acre. Dimensional Limitations: MIN SETBACKS LOT % LOT MAX LAND USE AREA/ COVERAGE HEIGHT INT SIDE ON UNIT FRONT SIDE STREET REAR PORCH Single Family Detached 3400 50% 35' 10' 5'/0'* 5' 4' 5' Corner Duplexes 2000 50% 35' 10' 51/0'* 5' 4' 5' Row Houses 1800 75% 35' 8' 0' or 5' 5' 4' 3' Lofts ( multi- N/A 40% 45' 12' 10' 10' 4' 5' family) Community Facility N/A 50% 35' 20' 1570'** 20' 10' 10' *Zero (0') setback applies only to garages **Zero (0') interior side setback applies only to fences and playground related structures Parking; Given the unique nature of the proposed affordable housing development and the neo- traditional/new urbanism design approach, parking will be provided in a variety of configurations and locations. The overall parking requirement (pursuant to Table 4-120 of the County Development Standards) for this tract will be provided by a combination of on-site parking (surface and within garages), as well as off-site parking along designated roadways. The total number of spaces to be provided and the design and location of said spaces will be determined during the development review process as outlined in Section B.3. of this Guide. 5. Open Space-Tracts I and J Purpose: To provide sites for limited, passive recreation uses and activities that preserve and protect the environmental characteristics of open space areas. Open space areas are intended to remain in a predominantly natural condition. Permitted Uses: Trails Trailhead Parking Roads and related improvements River access and fishing facilities Environmental education activities Shelters, gazebos, and river overlooks Utility facilities Drainage facilities Irrigation ditches, head gates, pumping and related facilities Dimensional Limitations: The dimensional limitations for the development on this site shall be established during the review of a site-specific development plan. Given the unique nature of the community uses envisioned, maximum flexibility with dimensional limitations shall be afforded without compromising light, air and fire department access. E. Design Guidelines 1 . Purpose and Intent Development with BC/MR will be initiated by a variety of different entities and will accommodate a variety of different uses, buildings and facilities. In order to provide a framework to guide the design and development of such improvements and to establish a degree of continuity and consistency in the built environment throughout the property, design guidelines for Berry Creek/Miller Ranch will be established. It is not the intention of these Guidelines to require all buildings to look the same or utilize the same materials. Rather, the purpose of these Guidelines will be to encourage harmony in the architecture and landscape design throughout the PUD. Further, the Guidelines will establish a process for the review of all improvements and a minimum set of design standards that will be applied to all future improvements. 2. Establishment of Guidelines and Design Review Committee Prior to the issuance of a building permit or other permit that may be required for the construction of any new building or structure, a design review committee (DRC) shall be established and a comprehensive set of design guidelines shall be adopted by said committee. The DRC shall consist of five (5) members as appointed by the School District and Eagle County. Two (2) members shall be representatives appointed by the School District, two (2) representatives shall be appointed by the County, and one member shall be a citizen of the Edwards area appointed jointly by the District and the County. DRC shall be provided staff support as deemed necessary. The DRC shall be responsible for adopting design guidelines for BC/MR, for reviewing development applications proposed within the PUD, and for other tasks as may be outlined in the Design Guidelines. 3. Contents of Design Guidelines The following is a general indication of the type and extent of design considerations to be addressed by the Design Guidelines: Site Planning Considerations • Relationship between buildings and between buildings and parking areas, open spaces, etc. • Design/arrangement of parking areas, loading areas, etc. • Building orientation to adjoining streets,trails,etc. • Pedestrian connections/linkages between uses • Public spaces Landscape Design Considerations • Treatment of public spaces • Features to highlight/define entries • Features to provide screening/buffers • Features to define spaces • Plant materials, sizes, quantities, etc. • Walls and fencing • Lighting • Signage Architectural Considerations • Architectural style • Building massing/roof heights • Building materials • Offsets/reveals/projections/etc. • Building entries • Facades/fenestration • Architectural details F. Wildlife Mitigation In order to minimize the impact of development within Berry Creek/Miller Ranch, the following measures shall be implemented: 1 . There shall be no outdoor storage of trash or garbage unless such storage is within a "bear-proof"container as certified by the North American Bear Society, the National Park Service or the Colorado Division of Wildlife. 2. All construction sites shall utilize bear-proof trash receptacles for any refuse associated with food or drink. 3. Outside feeding of pets shall be prohibited. 4. With exception of bird feeders, the feeding, baiting, salting, or other means of attraction wildlife shall prohibited. 5. Within Open Space Tract I and J, dogs shall be kept on leash at all times. G. Open Space Management Tracts I and J have been designated Open Space in part due to the visual quality and environmental sensitivity of this portion of the Berry Creek/Miller Ranch PUD.The purpose of this land use designation is to protect and preserve the environmental characteristics of this portion of the PUD while allowing for limited passive recreation use. In order to ensure proper management and maintenance of these tracts, an open space management plan shall be prepared and approved by the Eagle County Board of Commissioners. Said plan shall address, but not be limited to the following: • Establishing parameters for the use, location and design of any trail or trail system that may be developed within Tracts I and J, • Seasonal closures as may be necessary to minimize impacts on wildlife, • The use, location and design of any vehicular parking areas, • Dog control • Vegetation control, and • Fishing regulations, re:river access, etc. It is anticipated that upon approval of the final plat for Berry Creek/Miller Ranch, the ownership of Tracts I and J will be conveyed to Eagle County. An open space management plan as generally described above shall be in place prior to or concurrent with approval of the final plat for Berry Creek/Miller Ranch. H. Illumination The purpose of this section is to establish standards for controlling illumination to prevent intense glare or direct illumination that could create a nuisance, detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. Parking lot lighting, street lighting and architectural lighting shall utilize "concealed source" light fixtures. Such fixtures shall be designed and located so as t not cast glare directly onto adjacent properties. The use of Low Pressure Sodium lamps is encouraged. Streetlights and parking lot lights are encouraged to be no more than 20' off the ground. The design and location of any lighting proposed for outdoor athletic fields and related recreation facilities shall be considered during the development review of individual development tracts in accordance with Section B. above. Noise, Odor and Air Quality • All recreation and education uses within Berry Creek/Miller Ranch shall conform to noise and vibration standards as prescribed by section 4.520 Noise and Vibration Standards of the Eagle County Land Use Regulations. The installation or use of wood burning devices (fireplace, stoves) within the PUD is prohibited. J. Signs All signs shall conform to the Eagle County Sign Standards as prescribed by the Land Use Regulations, provided, however, that the following signs shall be permitted: 1 . Up to three (3) ground mounted project-entry signs along Miller Ranch Road shall be permitted. Such signs shall be a maximum of thirty-two (32) square feet in size and eight (8) feet in height. 2. One ground mounted project-entry sign for each vehicular entry point shall be permitted for each individual development tract. Such signs shall be a maximum of thirty-two (32) square feet in size and eight (8) feet in height. 3. Individual non-residential buildings shall be permitted one wall sign of up to twenty (20) square feet for each major entry. Notwithstanding the above,at the owner's discretion the owners of Berry Creek/Miller Ranch may submit a comprehensive sign plan for review by Eagle County. Upon approval, this plan shall control and regulate all signs within the PUD.