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HomeMy WebLinkAboutR95-072 approval of preliminary plan and zone district amendment for Ute Creek PUD Commissioner- ~~f,~ moved adoption of the following Resolution: BOARD OF COIINTY COMMI88IONERB COIINTY OF EAGLE, STATE OF COLORADO RE80LIITION NO. 9~ - ~~- '~. APPROVAL of the PRELIMINARY PLAN and ZONE DISTRICT AMENDMENT for the UTE CREEK PLANNED UNIT DEVELOPMENT FILE NO: PD-314-94-P AND ZC-264-94 WHEREAS, on or about February 16, 1995, the County of Eagle, State of Colorado, accepted for filing an application submitted by Chris and Connie Jouflas (hereinafter "Applicant") for approval of a Zone District Amendment and the Planned Unit Development Preliminary Plan for the Ute Creek Planned Unit Development, File No. PD-314-94-P for the parcels of land described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in Sheet 1 through 5 of drawings titled "Ute Creek PUD Preliminary Plan," by Nichols Associates, Inc. dated January 30, 1995 and amended April 10, 1995, and received by Eagle County Department of Community Development on~or about May 11, 1995, and approved by the Board of County Commissioners (hereinafter "the Board") on May 30, C1 1995; and as further described in the Ute Creek Planned Unit Development Control Guide, received by Eagle County Department of ~-t Community Development on February 16, 1995, and approved by the ;~ Board on May 30, 1995; and ~~ WHEREAS, public hearings were held by the Board on May 30, 1995, 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 565911 B-669 P-891 06/21/95 02:15P PG 1 OF 13 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Ute Creek PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Ute Creek Sketch Plan and conditions of approval. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports on file pertaining to geology, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Wolcott Area Community Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available appropriate to the use proposed. 2. To have a significant economic determinant to the Wolcott/Landfill area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off-street parking and loading space. 2 (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between buildings, and insures that the PUD is compatible with other development in the area. IV. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. (e) The developer has not provided central water-and sewer facilities as it has been determined by the County Commissioners, the Colorado Department of Health, and the local health authorities that these facilities are not necessary for this development. Provision has been made to require these facilities upon determination of need. (f) The development has not been designed to provide for necessary commercial, recreational and educational facilities because there is no residential housing planned within this development. (g) Clustered ,housing is not applicable and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total 25% of the site area. (b) Residential density The density of residential use is not applicable to this development as there are no approved residential uses. (c) Density of Other Uses (commercial) The density of uses other than residential is appropriate after consideration of the Master Plan and individual characteristics of the subject land. -3- (d) Architecture Each structure in the Planned Unit Development has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed to provide the necessary mixed uses for this type of industrial development. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing Employee housing needs are not applicable to this development. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. An Environmental Impact Report was determined to not be necessary for this development. 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amendments, the Board finds as follows: (a) The rezoning is consistent with the Master Plan and the Wolcott Area Community Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; -4- and the advantages of the use requested outweigh the disadvantages. (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area, and the proposed rezoning is necessary in order to provide land for a demonstrated community need. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Ute Creek Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for eleven (11) lots. Such lots shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Ute Creek Planned Unit Development Control Guide, attached as Exhibit B. The conditions are as follows: 1. A Bureau of Land Management right-of-way permit must be issued prior to Final Plat approval. 2. County Road 49, Landfill Road, must be upgraded for increased traffic flow. The road improvements must be reviewed and approved by the Eagle County Engineer upon submittal of the first final plat, and collateral must be provided in the Subdivision Improvements~Agreement for~the first Final Plat of this PUD. 3. Yearly maintenance of Eagle County Road 49, Landfill Road, will become a shared expense between the applicant and Eagle County. This will be accomplished by contract between the Board of County Commissioners and the applicant prior to approval of a Final Plat. 4. The applicant shall pay the prorated cost of extending power as determined from guidelines provided by Holy Cross Electric. This must occur prior to approval of a Final Plat. 5. Wildlife mitigation impact fees must be resolved prior to approval of a final plat. -5- THAT, the Ute Creek Preliminary Plan su~~--itted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S.24-68-101, et seq. THAT the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. The Board further 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, AND ADOPTED by the Board of County Commissioners of the County of Eagle, St a of Colorado, at its meeting held the ~~~- day of , 1995, nunc pro tunc the 30th day of May, 1995. ~~~toG COUNTY OF EAGLE, STATE OF s~ ~~ COLORADO, by and Through Its ATTEST: ~ ~, O~ TY CORONERS n ~,~, BY: Sara J. Fssher Ja s E. ~'~on, Chairman Clerk of the Board of ~/ County Commissioners ~,~/ BY : iC l~~ily 7'4 ~ cs~~ George ~ Gates, Commissioner BY: hnnette Phillips, Commi Toner Commissioner ~ seconded adoption of the foregoing resolution. he roll having been called, the vote was as follows: ' Commissioner James E. Johnson, Jr. Commissioner Johnnette Phillips Commissioner George A. Gates This Resolution passed by ~~ ~ vote of the Board of County Commissioners of the County of Eagle, State.of Colorado. -6- 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 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. Recycling facilities. Recycling activities shall be allowed to include sorting, storage, and processing. If processing occurs, a Special Use Review shall be required. e. Mobile homes, mobile offices and modular construction parts. f. Fuel and petroleum products limited to that which is used by the 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 A above. All buildings must have the exterior covering and roof of non-reflective, earth- tone materials. d. All buildings must be constructed in accordance with the National Fire Code and applicable Uniform Building Codes. Ute Creek Planned Unit Development Control Guide Page 2 C. SPECIAL USES 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 Use Review. A significant use is one which generally requires human occupancy as a minimum criteria. 2. Waste reduction facilities and services, including recycling, processing, composting, and fuel production components. 3. Salvage yard. D. PERFORMANCE STANDARDS All purchasers, leaseholders, occupants or users of the facility are required to follow regulations imposed herein. 2. All drainage ways, drainage structures, culverts, erosion control devices, detention ponds, etc., as approved and installed must be kept in good useable condition. Control of fugitive dust on access roads and common areas is the responsibility of the facility owner. Control of dust within individual storage lots is the responsibility of the owner, if sold, and the leaseholder, occupant or user if leased. Materials shall be stored or covered in a manner to prevent their removal from the property by natural forces. The owner, leasehold, occupant or user of the individual lots shall be responsible for control of windblown materials on their own lots. 4. 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. 5. 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. Ute Creek Planned Unit Development Control Guide Page 3 6. In addition, all purchasers, leaseholders, occupants or users of the facility shall comply with the Industrial and Commercial Performance Standards in the Eagle County Land use Regulations, Section 2.07.07 -1- a through g. E. USES, EQUIPMENT AND MATERIAL NOT PERMITTED 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 sign code of the Eagle County Land Use Regulations in effect at the time of final approval of the Ute Creek Planned Unit Development shall provide the minimum standards for signs for the project. Other requirements as contained within this document may apply as well. G. FENCING Security fencing to be employed around the perimeter of the property shall be chain link and a minimum of six feet in height. 2. Internal and convenience fencing maybe either chain link or a variety of wood and wood/wire combinations. H. LIGHTING 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. Ute Creek Planned Unit Development Control Guide Page 4 4. The hours of use of the security and operational lighting will vary with the seasonal fluctuation and need for lighting. I. OPEN SPACE 1. A minimum of 25% of the project will remain open. 2. The Facility Manager will be responsible for maintenance of the open space areas. J. LOT COVERAGE 1. Maximum square footage of buildings allowed over entire P.U.D.: 50% of total P.U.D. area. 2. Maximum lot coverage of buildings allowed over entire P.U.D.: 50% of total P.U.D. area. 3. Maximum impervious cover allowed over entire P.U.D.: 75% of total P.U.D. area. 4. Maximum floor area ratio allowed over entire P.U.D.: 0.5:1.0 5. Building Setbacks a. Front Yard - 15 feet b. Side and Rear Yard - 10 feet 5. Maximum Height of Building 40 feet 7. Minimum distances between structures shall be based on the standards and requirements of the Uniform Building Code, 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. LOT USES 1. Lots 1-11 may contain any of the uses listed in Section B - "Uses By Right" of this Control Guide. Ute Creek Planned Unit Development Control Guide Page 5 2. Lots 1-11 may contain any use that is allowed in Section C - "Special Uses" of this Control Guide, with the additional requirement that a Special Use Permit be obtained through the process outlined in the Eagle County Land Use Regulations. 3. Lot 4 may contain the waste reduction facility as listed in Section C - "Special Uses" of this Control Guide. L. PARKING On lots on which structures will be located, the applicable parking standards of the Eagle County Land Use Regulations will have effect. 2. On lots on which no permanent structures will be located, the parking of vehicles, equipment, and materials shall be allowed on the entire impervious area for the lot. M. LANDSCAPING Landscaping for the project will be minimal and will be provided at the discretion of the individual owners or lessees. N. FIRE PROTECTION 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. Fire extinguishers shall be required on each developable lot for on-site fire suppression. O. The original lots may be sold individually or in groups. Each developable lot may be resubdivided into smaller lots or combined with another platted lot into a larger parcel. Any resubdivision of lots shall comply with the process and requirements of the Eagle County Land Use Regulations, including all relevant Building Codes. Ute Creek Planned Unit Development Control Guide P. PROPERTY MAINTENANCE Page 6 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. c:\wpwin\wpdocs\utecreek\coNrol COUNTY OF EAGLE STATE OF COLORADO BY: _ Clerk County By and Through Its BOARD OF COUNTY COMMISSIONERS Y: es Johns airm SUBDIVIDER: Z~ .. -~ ~ ~ ~ C. J. C. Properties, Ltd , by 's P. Jouflas STATE OF COLORADO ) SS County of Eagle , ) ~~ ~~. The foregoing was acknowledged b fore met 's o? -~a of as -~ ~ of ~~ WITNESS MY HAND AND OFFICIAL SEAL. My commission expires ~L' ,,.~ ~~ / ~ ~~~ Notary Commissioners