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HomeMy WebLinkAboutR96-003 denial of PUD Sketch Plan for Adam's Ribof the following Resolution: BOARD OF COUNTY CO~SSIOTiER.S adoption COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96-~ A RESOLUTION DENYIlQG TIC PLAYaiED UNIT DEVELAPMENT SIU;TCH PLAN FOR Tim ADAM' S RIB RECREATIONP,L AREA GOLF COURSE FILE NO. PD-138-95-S1 WFD;RF~AS, on or about Aril 5, 1995, the County of Eagle, State of Colorado, accepted for filing an application submitted by Kummer Development Corporation (hereinafter "Applicant") for approval of a Revised Planned Unit Development Sketch Plan for Adam's Rib Recreational Area Golf Course, File No. PD-138-95-51; and ~E•AS, the Applicant requested the approval of a Revised Planned Unit Development (PUD) Sketch Plan which would allow for the development of a mixed use golf course, residential and commercial development project which is a portion of the proposed Adam's Rib Recreational Area four-season destination resort in the Brush Creek Valley; and wr~rrFn~, notice of the Sketch Plan was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 2.17.02(1); and Wf~REAS, at its public hearing held August 2, 1995, and based upon the Revised Golf Course PUD Sketch Plan, testimony and written comments submitted during public hearings held on May 17, 1995, June 17, 1995, June 21, 1995, July 5, 1995, July 19, 1995 and August 2, 1995, the Planning Commission, based upon its findings, recommended denial of the proposed PUD Sketch Plan, with certain conditions; and ~'Q~'nG, at its regular hearings of September 12, 1995, Septemiber 26, 1995, October 10, 1995, October 24, 1995, November 14, 1995 and December 12, 1995, the Eagle County Board of Commissioners (hereinafter "Board"), considered the PUD Sketch Plan, associated plans, and the statemlents and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and raFn~rrFn~, the subject land is currently zoned Resource/Agricultural. Pursuant to the Eagle County Land Use Regulations ("Land Use Regulations"), rezoning from Resource/Agricultural to "PUD" Planned Unit Development District requires application according to the procedures outlined in Section 2.06.13; and WF~RF•AS, The Land Use Regulations, Section 2.06.13 (1) sets forth the purpose of planned development as: To permit application of new technology and greater freedom of design in land development than may be possible under strict interpretation of the provisions of these regulations. The density of uses and magnitude of development, however, must be of such design and scale to be appropriate and consistent with the character of Eagle County. The use of the PUD provisions is dependent upon the submission of an acceptable plan, a proven favorable environmental impact study (if required), and satisfactory assurances that the plan will be carried out. Such Planned Unit Development plan must be in accord with the County Master Plan as may be currently adopted for the County. Section 2.06.13(1) further provides, The Planned Development is a separate Zone district and, only after specifically and ~ro~erly applied for, may be approved bar the County Commissioners in accordance with the provisions of [the Land Use] Regulations; and Tn1l~RF,AS, pursuant to the Land Use Regulations, the initial submission for PUD District approval is a PUD Sketch Plan. Section 2.06.13(4) sets forth the requirements for an application for PUD Sketch Plan approval. The Sketch Plan is reviewed by the Eagle County Planning Commission and the Eagle County Board of County Commissioners according to the following criteria established in Section 2.06.13(5): a. Resulting development will not be inconsistent with the Master Plan Objectives; b. The area around the development can be planned to be in substantial harmony with the proposed PUD; c. The adjacent and nearby communities will not be detrimentally affected by the proposed PUD; d. The PUD can be completed within a reasonable period of time, which shall be determined 2 prior to final approval of the PUD; e. Any proposed commercial or industrial development can be justified; f. The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area; g. Proposed utility and drainage facilities are adequate for population densities and type of development proposed; h. The employee housing plan is adequate; and wr~rtFn~, the Sketch Plan is also reviewed by the Eagle County Planning Commission and the Eagle County Board of County Commissioners according to the criteria established in Section 2.17.02 (3) a. Conformance with the Master Plan, policies, guidelines, zoning and other applicable regulations; b. Suitability of the land for subdivision; c. Comments and recommendations from the agencies listed in Section 2.17.02(1) above; d. Evidence that the parcel of land proposed for subdivision has access to the state highway system capable of servicing the development; and t~]F~REAS, the Applicant has submitted a Revised PUD Sketch Plan for the Adam's Rib Golf Course, a portion of the proposed Adam's Rib Recreational Area four season destination resort and real estate development which, in its entirety, includes a ski resort complex, golf courses, residential development, commercial construction and related amenities; and inll~RF~AS, the Adam's Rib Recreational Area and its associated development, including the ski area resort development, the Revised Golf Course PUD, and the proposed Adam' s Rib Ranch PUD (File No . PD-138-95-S2), constitute one interrelated and economically independent project; and wra~~rFn~, as conditionally approved by the 1982 Sketch Plan, the Adam's Rib Golf Course subdivision provided for 140 residential units on 640 acres of land, with a 27-hole golf course; and 3 As submitted, the Applicant's Revised PUD Sketch Plan provides no formal employee housing plan. Instead, the Applicant indicated that "The resident population living at the Golf Course is a significant portion of the resident employee population that will be demanded by the development of the resort." During public hearing before the Eagle and Colorado Valley Planning Commission on July 19, 1995, the Applicant added 40 caretaker units and 15 rental units to the number of residential units already proposed for the Golf Course development, to be considered as "employee housing". These provisions, however, are insufficient to comply with the goals, objectives and policies of the Eagle County Master Plan. c. Environment. Pursuant to the Master Plan, critical wildlife areas and natural water systems must be protected. The cumulative impacts of the proposed Golf Course, ski area, residential, and commercial development u~ the Brush Creek Valley threatens the protection of wildlife and water systems. Additional sensitive areas should be removed from development sites. Increased traffic may potentially degrade the local air shed, and increased lighting in the Valley will affect its rural character. d. Qpen ace. To preserve open space in the development area, consistent with the Master Plan goals, objectives, and policies, new development should be contiguous to existing development. As submitted, the Applicant's Revised PUD Sketch Plan proposes development of a suburban character and density which is not located in or adjacent to existing development. 3. In addition, the Applicant's creation of a so-called "rural corridor" stretching from the Town of Eagle to the proposed Adam' s Rib ski area is inconsistent with the Master Plan and is not "rural" as that concept is applied in Colorado mountain counties. The cumulative number and density of housing units and activities of the Adam's Rib Recreational Area will change the existing rural character of the Brush Creek Valley into a mayor recreational and real estate development. 4. Increased population created by Recreational Area, including the Revised Golf Co significant impacts on adjacent public lands, respect to recreational use, loss of critical impacts to vegetation, water quality and land/private land interface conflicts. the Adam's Rib arse PUD, will have particularly with wildlife habitat, increased public 5 . Specifically with regard to the Master Plan, the Board further finds the development of this project as proposed: 5 . , 15. The Eagle County Board of County Commissioners is specifically directed to review PUD sketch plan applications according to the guidelines set forth in Land Use Regulations, §§ 2.06.13 (3) (1) , 2.06.13 (5) and 2.17.02 (3) . 16. The Eagle County Board of County Commissioners is directed by Land Use Regulations, §2.25.01(2) to take action on a Sketch Plan application by either (a) approving the a plication as submitted or with certain conditions as stated, or (b~ denying the application with all reasons clearly stated. 17. The Applicant failed to present substantial and competent evidence of compliance with the requirements of the Land Use Regulations for PUD sketch plan approval with respect to the Revised Golf Course PUD. NOW, T!~'ORE, BE IT RESOLVED BY THE BOARD OF COUNTY G"ONIl~~IISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application for approval of the Revised Planned Unit Development Sketch Plan for the Adam's Rib Recreational Area Golf Course be and is hereby denied: TIC 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. NIDVED, READ AMID ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 2nd d~„_January, 1996. ~ ; ATTEST : . ,~ - ~ By: County Commissioners EAGLE, STATE OF By and Through Its COUN'T'Y COMMISSIONERS ore Gat ~ s , Jr . , Commis Toner r o ette P i ips, stoner 7 COUNTY OF COLORADO, . ' Commissioner seconded adoption of the fore- going resolution. e ro ving been called, the vote was as follows: Commissioner Johnson ~~, Commissioner Gates ~~, Commissioner Phillips ~~ This Resolution passed by -- vote of the Board of County Commissioners of the County o Eagle, State of Colorado. mta\r\achnskth. res -8-