HomeMy WebLinkAboutR21-095 Elliott Ranch PUD Amendment File No. PDA-9158-2021 Eagle County, CO 202127309
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Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021- 095
APPROVAL OF AN AMENDMENT TO THE
ELLIOTT RANCH PLANNED UNIT DEVELOPMENT
Eagle County File No.PDA-9158-2021
WHEREAS, on or about April 7, 2021,the County of Eagle, State of Colorado, accepted for
filing an application submitted by OHP Vail Two, LLC (the 'Applicant") for an amendment to the
Elliott Ranch Planned Unit Development (the "Application"), for the property more particularly
described in Exhibit''A attached hereto and as follows:
Lot 1:Lodge Lot
Lots 2 3 4: Primary/Secondary, and as more specifically described in the PUD Guide
recorded at book 515,page 799;and herein referred to as the"Property";
WHEREAS,the Board of County Commissioners approved the original Elliott Ranch PUD on
August 14, 1989, and amendments thereto on August 25, 1992 and on September 16, 2003 (the
"September 16,2003,PUD Guide"),and;
WHEREAS,with this Application,the Applicant also seeks to amend the existing September
16, 2003, PUD Guide to allow for a single-family residence or duplex residence with an accessory
dwelling unit (the "ADU") on Lot 1, the Lodge Lot, and to make additional amendments to the
September 16, 2003, PUD Guide to clarify the mechanism to approve a Minor Subdivision to be
consistent with the current Eagle County Land Use Regulations (the "ECLURs"), amend the
definition of Lodge Lot,clarify the stream setback distances,amend the allowed signage,and amend
the parking management plan all to reflect the proposed uses,and;
WHEREAS, in accordance with the ECLURs, Section 5-210.E - Notice of Public Hearings,
notice of the proposed Application was mailed to all owners of property located within and adjacent
to the 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 (the
"Planning Commission") and the Board of County Commissioners of the County of Eagle (the
"Board");and;
WHEREAS, at its public hearing held on August 18, 2021,the Planning Commission, based
upon its findings,unanimously recommended approval of this proposed Application,and;
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WHEREAS, at its public hearing held on August 31, 2021, the Board considered the
proposed Application, associated plans, the statements and concerns of the Applicant, the Eagle
County Planning Department, Engineering staff,other interested persons,and the recommendation
of the Planning Commission,and;
WHEREAS,the amended Elliott Ranch Planned Unit Development 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 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 Application is consistent
with the efficient development and preservation of the entire PUD Guide.The other
four lots within the PUD are limited to residential uses consisting of one or two units
per building or lot making the modification to the Lodge Lot consistent with the
current development pattern of the entire PUD.
2. Adjacent Properties. Pursuant to Section 5-240.F.3.m (2),the Application will not
affect, in a substantially adverse manner,either the enjoyment of land abutting upon
or across the street from the Property or the public interest.The PUD Amendment
will allow a single-family residence, duplex residence, and primary/secondary
residence on a lot that currently only allows a Lodge. By allowing these residential
uses, the amendment will not negatively impact the enjoyment of abutting lands
because the added use is more consistent with the residential nature of the PUD.
Furthermore, language was added based on staff's comments that would require a
Limited Review Use pursuant the Eagle County Land Use Regulations ("ECLURs")
prior to the use going back to a Lodge after it has been changed to a residence.
3. Benefit. Pursuant to Section 5-240.F.3.m(3), the Application is not being granted
solely to confer a special benefit upon any person. The Application allows for
residential uses on a property that is currently commercial in nature. Since the
neighborhood is residential in nature and character,the proposed Application,while
directly applying to one lot within the PUD, will also provide a benefit to the
neighbors by reducing the number of visitors to the Lodge.
4. Amendment. Pursuant to Section 5-240.F.3.m(4),the Application will not have the
effect of extending the vesting period absent a specific finding and declaration to
that effect.
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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 of Lot 1 which is directly impacted by the amendments.Eagle County has
received written consent for the Application from all other property owners within
the Elliott Ranch PUD.
2. Uses. Pursuant to Section 5-240.F.3.e(2), uses allowed within the PUD will be
consistent with other parcels within the PUD Guide. Uses allowed within the PUD
Guide are uses that are allowed,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 change to
dimensional limitations are being requested. The dimensional limitations that will
apply to the PUD are those specified in the amended PUD Guide.
4. Off-Street Parking and Loading. Pursuant to Section 5-240.F.3.e(4), parking
requirements 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. The parking plan is within the PUD Guide and the added
use of a single-family, duplex, and accessory dwelling unit requires fewer parking
spaces than the Lodge use. If there is a desire to convert back to a Lodge,a Limited
Review Use will be required to allow the County to evaluate the parking to ensure
that standards are met at that time. Such approval shall be obtained prior to the use
commencing on the Property.
5. Landscaping. Pursuant to Section 5-240.F.3.e(5),landscaping provided in the PUD
Guide 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), the sign standards applicable to the PUD
Guide shall continue to be suitable,providing the minimum sign area necessary to
direct users to and within the Property.
7. Adequate Facilities. Pursuant to Section 5-240.F.3.e(7),facilities and infrastructure
requirements for the PUD Guide. The PUD Guide will continue to provide 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
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6, Improvements Standards. There are no improvements being proposed or
necessitated based on the changes to the PUD Guide.Because the impact of the uses
being proposed will generally be less impactful to the adjacent properties and
existing infrastructure than the current use, the existing improvements and
infrastructure support the proposed amendments.
9. Compatibility with Surrounding Land Uses. Pursuant to Section 5-240.F.3.e(9),
the Application will not affect the design, uses, or densities within the PUD Guide,
which was previously found to be compatible with surrounding uses.
10. Conformance with Comprehensive Plan. Pursuant to Section 5-240.F.3.e(10), the
Application will not affect the design,uses,or densities within the PUD Guide,which
has previously been found to be compatible 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 Elliott Ranch PUD, there are no proposed changes to the
location and amount of open space provided from the September 16, 2003, PUD
Guide.The PUD Guide 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 Application, there are no impacts on wildlife, geotechnical, hillside
development, or other natural resources because the Application does not create
additional development or improvements to the September 16,2003,PUD Guide.As
a result, the PUD Guide protects the natural resources of the property and therefore
the Application 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 Application (Eagle County File No. PDA-9158-2021) described herein and in the
PUD Guide attached as Exhibit B,is hereby approved with the following condition:
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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle,State of Colorado.-, this 7th day of Noveintrer 2021,nunc pro tunc August 31,2021.
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COUNTY OF EAGLE,STATE OF
COLORADO,By and Through Its
cQLORaoo BOARD OF COUNTY COMMISSIONERS
ATTEST:
,—DocuSigned by: r—DocuSigned by:
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County Commissioners Chair
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Commissioner
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Commissioner
McQueeney
Commissioner seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
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Exhibit A
LEGAL DESCRIPTION:
2405 Elliott Road,Vail, CO 81657
Lot 1,Elliott Ranch P.U.D., Eagle County, Colorado
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Exhibit B
Amended Planned Unit Development Guide
For
Elliott Ranch Planned Unit Development
The PUD control documents shall conform to the Eagle County Land Use Regulations and the
following:
1. Definition. As used herein, the following words and terms shall have the following
meanings:
Subdivision- Elliott Ranch PUD
Lot- A lot within Elliott Ranch
Primary/Secondary Lot- A lot which can be used solely for residential purposes and
upon which not more than two dwelling units in a single
structure shall be permitted. The maximum floor area of the
secondary unit can be no larger than 1,300 sq. feet nor shall
the total floor area of the structure exceed 3,900 sq. feet.
The lots shown on the Final Plat of the Elliott Ranch PUD
shall not be further subdivided, except that a secondary unit
can be sold separately upon approval of a Minor
Subdivision pursuant to the Land Use Regulations
Lodge Lot - A lot which may be used for a lodge in a single structure,
containing up to 12 sleeping units. The Lodge Lot is also
allowed the following uses by right in a single structure:
1. A single-family residence,
2. A duplex dwelling, or
3. Uses allowed on a Primary/Secondary Lot as
defined by this PUD Guide, except that the floor
area limitations shall be limited by the current
floor area of the lodge.
Up to one Accessory Dwelling Unit (ADU) may be
allowed within the structure on the Lodge Lot. The ADU
shall have a maximum floor area of 1,300 sq. ft. and shall
be designed and permitted pursuant to the Eagle County
Land Use Regulations (ECLUR).
At such time the use of Lot 1 converts back to a Lodge
from a single-family dwelling, duplex, or an allowed
Primary/Secondary Lot use, a Limited Review Use,
pursuant to ECLUR shall be required and approval shall be
obtained prior to commencing such use.
Lodge - A building designated, intended or used for
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accommodations of guests, for cooking classes and
demonstrations, and for hosting special events and
functions, all for compensation, and in which no provision
shall be made for cooking in individual rooms.
The cooking classes will be limited to a maximum of 15
participants. Cooking demonstrations will be limited to a
maximum of 30 participants.
Special events shall be gatherings at the lodge between 30
to 60 people and will occur at a frequency not to exceed
two events per week. Gatherings will not exceed a
maximum of 60 people. Any gathering of more than 34
people will require booking the entire 12 rooms of the
lodge. Special events catering to more than 50 people will
only occur between June 15th and September 15t.
Any special event that will utilize more than 21 parking
spaces will provide alternative transportation such as
minivans to transport guests to and from the lodge.
Any outside activity will be terminated at 10:00 P.M. No
cooking class, cooking demonstration or special event shall
occur simultaneously.
The lodge shall have a single kitchen with common living
and dining areas and cater to guests of the lodge,
participants in the cooking classes/demonstrations and
guests attending special events and functions only. No
time-share or fractional fee estates shall be allowed. The
maximum floor area of the structure shall not exceed
10,000 square feet. If a caretaker's unit is included, it will
exist in one of the twelve units.
Elliott Cabin Lot - A lot that can be used for residential purposes and upon
which not more than two dwelling units shall be permitted.
The total floor area allowed on Lot 4 shall not exceed a
total of 3,900 square feet, with no single structure of more
than 2,100 square feet of floor area. The exterior of the
Historic Elliott Cabin shall not be substantially altered. On
Lot 4 an artist studio would be considered an accessory use
with the approval of the adjacent property owners of Lots
1, 2 and 3 in the Elliott Ranch PUD. This lot, Lot 4, Elliott
Ranch PUD, shall not be further subdivided, nor can the
dwelling units be sold separately.
Floor Area - As defined by the Eagle County Land Use Regulations
excepting as follows: Basements, porches, patios, decks,
terraces, car-ports, and/or garages shall not be calculated in
the total square footage. For the purpose of floor area
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calculation within this PUD, basements shall not be
included as floor area provided that no more than 12" of
any exterior wall is above grade except for the allowance of
an exterior exit.
2. General Purposes. This guide is made for the purpose of creating and keeping the
Subdivision, insofar as possible, desirable, attractive, beneficial and suitable in
architectural design, materials and appearance; and guarding against fires and
unnecessary interference with the natural beauty of the Subdivision; all for the mutual
benefit and protection of the owners of the lots in the Subdivision. Also for the ability to
incorporate both residential and the multi-unit lots into one subdivision.
3. Uses. All lots within the subdivision shall fall within the following land use definitions:
Definition Lot Description
Primary/Secondary Lot Lots 2 and 3
Lodge Lot Lot 1
Elliott Cabin Lot Lot 4
Accessory Uses All Lots
4. Setback Requirements. All permanent structures shall be located within the platted
building envelopes or outside of required setbacks except for encroachments by existing
buildings and those encroachments approved prior to the adoption of this PUD. Lot 1 is
subject to a stream setback, as defined in the Eagle County Land Use Regulations, of fifty
foot from the high water mark of the stream, or the 100-year floodplain, whichever
provides the greater separations from the stream.
5. Maximum Building Height. No structure on any lot shall exceed two stories or thirty-five
feet in height measured from grade. No roofing material on any building within this PUD
shall have a reflective surface.
6. Allowed Signage. A maximum of two signs shall be allowed for the lodge on Lot 1 if
operated as a lodge and shall conform to the following:
1. The signs shall conform to the Eagle County height/setback calculations as
described in the Eagle County Land Use Regulations.
2. The maximum size of the two signs combined shall not exceed a total of 20
square feet.
3. Signs shall not be made of reflective material.
4. The location of the signage shall be adjacent to the north-west comer of the lodge
midway between the building and the parking.
7. Wood Burning Appliances. No more than one wood-burning appliance shall be
permissible per unit on any primary/secondary lot. No more than one wood- burning
appliance shall be permissible within the lodge on Lot 1. Exception: Primary unit on Lot
2 which has and may keep two existing wood-burning appliances.
8. Maintenance Obligation. Lot 1 shall be responsible to maintain the paved approaches to
the Elliott Road Bridge.
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9. Parking Management Plan. Lot 1,if operated as a lodge, is required to manage its parking
pursuant to the Parking Management Plan approved by Eagle County Department of
Community Development. For any use other than a lodge, parking on Lot 1 shall meet
the parking requirements of the ECLUR.
1. Lodge Parking Plan:
There will be 21 parking spaces constructed on Lot 1 of the Elliott Ranch Planned
Unit Development used for the guests and employees of the lodge. One of these
spaces will be used for the van operated by the lodge. These spaces will be kept
clear of snow and be available for use. Each parking space shall be numbered.
The owner and operator of the Lodge commits that in no event will the cars
generated by the number of guests and employees of the lodge exceed the
available 20 parking spaces. In no event will the parking of cars associated with
the operation of the Lodge be allowed to park on the easement for Elliott Road or
the nearby frontage road.
The owner or operator of the lodge shall manage parking at the lodge through
their reservation system in such a manner that the parking for each guest or party
booked at the lodge is managed to not exceed the 20 parking spaces available on
site. Upon booking a room or an event at the lodge, the guest will be assigned a
parking space or notified that parking is not available and alternative
transportation to and from the lodge is required. In the reception package
provided to each guest upon arrival at the lodge, the guest's parking space will be
identified.
The owner or operator of the lodge will maintain an on-site van to be used to pick
up and drop off guests of the lodge that might be staying at a hotel or require
transportation as a result the on-site parking limitation. The lodge shall also
coordinate with other van, limousine and transportation service providers to
accommodate transportation services for guests at the lodge. The provision of this
alternative transportation will be tailored to the particular circumstances of the
guest(s). In some cases the Lodge's van will shuttle guests from another hotel,
condominium or residence in the valley to the Lodge. In other cases the more
appropriate transportation might be a limousine service or Colorado Mountain
Express van services from the airport.
In the event a guest arrives in his personal or rented car and none of the 20 spaces
are available, the supervisor of the Lodge will inform the guest that on-site
parking is not available and that a shuttle service is provided by the Lodge.
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