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
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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
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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
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