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HomeMy WebLinkAboutR19-075 Amendment to the Red Mountain Ranch-1 PUD PDA-6658 Commissioner 5C moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2019- f1c) APPROVAL OF AN AMENDMENT TO THE RED MOUNTAIN RANCH-1 PLANNED UNIT DEVELOPMENT Eagle County File No.PDA-6658 WHEREAS, on or about January 12, 2017, the County of Eagle, State of Colorado, accepted for filing an application submitted by Red Mountain Ranch Partnership LLC (the"Applicant") for an amendment to the Red Mountain Ranch Parcel L-1 Planned Unit Development (the "PUD") to incorporate into the PUD a 5.58 acre parcel of land located in the County of Eagle, State of Colorado and more particularly described on Exhibit A attached hereto and incorporated herein by reference (the"Property"),and; WHEREAS,the Applicant simultaneously submitted an application for an amendment to the official zone district map of Eagle County to change the zoning on the Property from Resource to PUD (the "Zone Change") and an application for an amendment to the final plat for the PUD to incorporate the Property into the PUD, and; WHEREAS,the Board of County Commissioners approved the original Red Mountain Ranch Parcel L-1 PUD on April 4, 1985,and; WHEREAS,with this PUD Amendment,the Applicant also seeks to amend the existing PUD Guide to add a solar farm over 80K as a use permitted in the PUD by special review, and; WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section 5-210.E - Notice of Public Hearings, notice of the proposed PUD Amendment was mailed to all owners of property located within and adjacent to the 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 hearings for consideration of the application by the Eagle County Planning Commission (the"Planning Commission")and the Board of County Commissioners of the County of Eagle(the"Board"),and; WHEREAS, at its public hearing held on June 19, 2019 the Planning Commission, based upon its findings,unanimously recommended approval of this proposed PUD Amendment and Zone Change,and; WHEREAS, at its public hearing held on July 30, 2019 the Board considered the proposed PUD Amendment,associated plans, the statements and concerns of the Applicant,the Eagle County Planning Department, Engineering staff, other interested persons, and the recommendation of the 1 Planning Commission, and; WHEREAS, the amended Red Mountain Ranch parcel L-1 PUD Guide (the "PUD Guide") is attached to this Resolution as Exhibit'B';and, NOW, THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as the 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: THAT, the application for a PUD Amendment complies with the standards in ECLUR Section 5-240.F.3.m-Amendment to Preliminary Plan for PUD,as set forth below: 1. Modification. Pursuant to Section 5-240.F.3.m (1), the proposed PUD Amendment to include the additional Property is consistent with the intent of the original PUD that was approved in 1985. Parcel L-1 was intended to be a larger acreage parcel and this additional Property further increases the PUD's size. This modification is consistent with the efficient development and preservation of the entire PUD. 2. Adjacent Properties. Pursuant to Section 5-240.F.3.m (2), this Amendment will not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across the street from the PUD or the public interest.The uses proposed at this time, a single family home and nursery, are existing uses by right within the PUD and will not create additional impacts to surrounding parcels. The ECLUR require any solar farm over 80kw in size obtain a special use permit in all zone districts; consequently,if a special use permit is sought for a solar farm on Parcel L- 1, the impacts to lands abbuting this PUD will be evaluated at the time of that application. 3. Benefit. Pursuant to Section 5-240.F.3.m (3), the Amendment is not being granted solely to confer a special benefit upon any person.This PUD is owned and operated by the Red Mountain Ranch Partnership LLC and no one person shall benefit over another.This additional acreage will benefit all within the PUD. 4. Amendment. Pursuant to Section 5-240.F.3.m (4), the proposed Amendment will not have the effect of extending the vesting period absent a specific finding and declaration to that effect.This PUD Amendment will not have the effect of extending the vesting period, the existing PUD was approved in 1985 and no additional phasing is proposed. THAT, the application for a PUD Amendment complies with the standards in ECLUR Section 5-240.F.3.e-Standards for Preliminary Plan for PUD,as set forth below: 1. Unified ownership or control. Pursuant to Section 5-240.F.3.e(1),the Applicant is the owner and manager.All land that is part of the PUD is owned or controlled by 2 Red Mountain Ranch Properties LLC. Eagle County has received written consent for the application from the governing Property Owners Association for the PUD. 2. Uses. Pursuant to Section 5-240.F.3.e (2), uses allowed within the PUD are single family residence and nursery by right and a solar farm over 80kw is allowed by special use review. Uses allowed within the PUD are uses that are allowed by right, allowed as a special use or allowed as a limited use for the zone district designation in effect for the property at the time of the application for PUD Amendment. 3. Dimensional Limitations. Pursuant to Section 5-240.F.3.e (3), no changes to dimensional limitations are being requested. The dimensional limitations that will apply to the PUD are those specified in the PUD Guide. 4. Off-Street Parking and Loading. Pursuant to Section 5-240.F.3.e (4), parking requirements will not change as a result of this proposed amendment. If a special use permit is sought for the solar farm then adequate parking must be demonstrated at the time of that application. Off-street parking and loading within the PUD shall continue to comply with the standards of Article 4, Division 1, Off- Street Parking and Loading Standards and the applicable variations set forth in the PUD Guide. 5. Landscaping. Pursuant to Section 5-240.F.3.e (5), no changes to landscaping are being requested. Landscaping provided in the PUD shall continue to comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. or as described in the PUD Guide. 6. Signs. Pursuant to Section 5-240.F.3.e (6), no changes to signs are being requested. The sign standards applicable to the PUD shall continue to be suitable, providing the minimum sign area necessary to direct users to and within the PUD. 7. Adequate Facilities. Pursuant to Section 5-240.F.3.e (7), facilities and infrastructure requirements for the PUD will not change with this amendment. All facilities are sufficient to support this proposed expansion. Access Permits from both CDOT and Union Pacific have been provided and been determined by staff to be valid. The site will be served by well and septic for potable water and sewage disposal. There are no internal roadways, the site will be served by a private driveway. The PUD will continue to be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection,and roads,and will be conveniently located in relation to schools, police and fire protection,and emergency medical services. 8. Improvements. Pursuant to Section 5-240.F.3.e (8), the improvements standards applicable to the development shall continue to be as specified in Article 4, Division 6,Improvements Standards. 9. Compatibility with Surrounding Land Uses. Pursuant to Section 5-240.F.3.e (9), the proposed Amendment is conforming to this standard and does not negatively 3 impact the compatibility that was demonstrated in the original approval in 1985. The current residential and agricultural land uses are identical to those in this PUD Amendment. If a special use permit is sought for the solar farm then compatibility must be demonstrated for that use at the time of that application.The proposed Amendment will not affect the design, uses or densities within the PUD,which was previously found to be compatible with surrounding uses. 10. Conformance with the Comprehensive Plan.Pursuant to Section 5-240.F.3.e (10), the Future Land Use Map of the Eagle Area Community Plan identifies the subject Property as Agriculture/Rural Lands. This proposed Amendment will not alter the nature of this use. Conformance of this PUD was demonstrated at the time of the original approval in 1985. The proposed Amendment will not affect the design,uses or densities within the PUD,which has previously found to be in conformance with the Comprehensive Plan. 11. Phasing.Pursuant to Section 5-240.F.3.e(11),this standard is not applicable,as no phasing is being requested as part of this application for an Amendment to the PUD. 12. Common Recreation and Open Space. Pursuant to Section 5-240.F.3.e (12),based on the original plat for Red Mountain Ranch Parcel L-1, there are no proposed changes to Common Recreation and Open Space. The PUD remains in compliance with this standard. 13. Natural Resource Protection. Pursuant to Section 5-240.F.3.e (13), due to the nature of this PUD Amendment and the addition of the Property to the PUD, there are only benefits to natural resource protection and therefore the proposal is consistent with this standard. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT this PUD Amendment (Eagle County File No. PDA-6658) described herein and in the PUD Guide attached as Exhibit B,is hereby approved,subject to the following conditions: 1. All material representations of the Applicant in this permit application, correspondence, and at all public meetings shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. THAT, the Board directs the Department of Community Development 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,on this 22 day of October, 2019,nunc pro tunc July 30, 2019 4 COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its of EA640 BOARD OF COUNTY COMMISSIONERS ATTEST: te Mt) Clerk to the Board i°11Rvo nne McQueeney V?`-r*. 7n bounty Commissioners Chair Kathy Chandler-Henry Commissioner Matt . C. - ssioner Commissioner W _ JgJL.t-1 -`'seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Commissioner Chandler-Henry A �Le--4 Commissioner Scherr A `' 5 EXHIBIT A Legal Description of the Property Parcel L,Red Mountain Ranch Filing No.4,according to the plat recorded May 20, 1985 in Book 414 at Page 480,County of Eagle,State of Colorado. 6 EXHIBIT B PUD Guide 7 PLANNED UNIT DEVELOPMENT PUD GUIDE FOR PARCEL L-1 Purpose To maintain the rural character of the outlying areas while allowing for compatible low- density residential and commercialdevelopment. Uses by Right A. Single-family dwelling and customary accessory uses including buildings for shelter of animals or property accessory to the use of the Lot for residential purposes and fences, hedges, gardens, walls and other similar landscape features. B. A tree farm/nursery and customary accessory uses including buildings with the condition that the site not be used as a retail outlet. Special Use A Solar farm over 80kw is allowed as a special use and will have to be reviewed and approved in accordance with the Eagle County Land Use Regulations and standards for the approval of a special use permit. Lot Area A. As shown on the Final Plat for Parcel L-1 as recorded in the office of the Eagle County Clerk and recorder at Reception # Minimum Setbacks A. Front yard on railway—50 feet from property line. B. Side yard—25 feet from side lot line. C. Rear yard on 1-70—25 feet from property line. Maximum Building Height A. The maximum building height shall be 25 feet. Fencing and berming shall be allowed in conformance with Eagle County standards Amendments. Modifications, and Deviations Minor deviations to the PUD may be approved by the Planning Director in accordance with Eagle County Land Use Regulations. Amendments or major modifications to the PUD Preliminary Plan or PUD Guide shall be processed in accordance with Section 5- 240.F.3.m of the Eagle County Land Use Regulations.