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HomeMy WebLinkAboutR96-032 zone district amendment for Nottingham Cottages PUD:~ ~~ ~~ , ~a Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COI~IISSIONERS COUNTY OF EAGLL, STATL OF COLORADO RESOLUTION NO. 96 - ~_ APPROVAL of a ZONE DISTRICT AMENDMENT and MINOR PUD for the NOTTINGHAM COTTAGES PLANNED UNIT DEVELOPMENT FILE NO: PD-345-95-5/P AND ZC-27095 WHEREAS, on or about February 5, 1995, the County of Eagle, State of Colorado, ,accepted for filing an application submitted by Jeanette Nottingham (here~.nafter "Applicant") for approval of a Zone District Amendment and Minor Planned Unit Development for Nottingham Cottages Planned Unit Development 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 Minor Planned Unit Development (PUD) as described in drawings titled `Nottingham Cottages Minor Planned Unit Development Land Use Plan` by Knight Planning.Services and received by Eagle County Department of Community Development on or about February 5, 1996, approved by the Board of County Commissioners (hereinafter "the _,, Board") on April 2, 1996; and as further described in Nottingham .~ Cottages PUD Guide, received by Eagle County Department of '~ Community Development on April 2, 1996, and approved by the Board on April 2, 1996; and ~ ;~ WHEREAS, public hearings were held by the Board on April 2, 1996, and 1 588515 B-692 P-518 04/17/96 04:1OP PG 1 OF 16 REG DOC i Sara J. Fisher Eagle County Glerk & Recorder 0.00 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 the Eagle County 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. The Board makes the following findings in its review of Nottingham Cottages Minor PUD: Pursuant to Section 2.06.13 PUD - Planned Unit Development: 3) Criteria for Evaluation of the PUD (a) The applicant is providing 22% of the PUD to Open Space and will construct a soft path parallel to, and above, the river; (b) The proposed density is appropriate; (c) The provision of the Antique/Craft Store commercial use serves to promote the theme that the applicant is seeking; (d) The architectural theme has been defined within the PUD Guide so that the development will remain cohesive within itself and to the surrounding environment; (e) The mixed uses included in this development are compatible; (f) A waiver has been granted for the minimum lot area requirement of 5 acres; 2 (g) The ~intenance of the Open Sp will be provided by an association or organization which will be formed by owner(s) of the lots; (h) The applicant has provided for on-site employee housing with limitation contained within the PUD Guide to ensure that this unit will be rented to an employee working within Eagle County. (7) Preliminary Plan Review (1) An Environmental Impact Report was waived; (2) A separate Sketch Plan has not been completed as this Minor PUD process combines the Sketch and Preliminary Plan process; (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. Pursuant to Section 2.14.04 - Review of Zone District Amendments: (a) The rezoning is consistent with the Master Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; 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 use and 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. -3- Pursuant to Sectio x.18.02 - Preliminary Pla eview 1) Referrals have been made to the appropriate agencies for comments and recommendations; 2) Comments and recommendations from the appropriate agencies have been incorporated into the plan and the conditions; 3) The Planning Commission and County Commissioners have considered the following: a) This application combines the Sketch and Preliminary Plan processes; b) Review of this plan has resulted in a determination that the subdivision conforms to these and other applicable regulation, policies and guidelines; c) The Commissions have reviewed reports on file and others as available pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, and consideration of the guidelines and recommendations as prepared by the appropriate agency to mitigate hazards and to protect resources. 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 Nottingham Cottages PUD Zone District Amendment and Minor Planned Unit Development be and is hereby conditionally granted. Such uses shall be generally located in the areas depicted in the Site Plan and as further restricted in the approved Nottingham Cottages Planned Unit Development Control Guide, attached as Exhibit B. The conditions which must be met are as follow: 1. Hook-up to public water and sanitation facilities must occur for all units within this PUD except for the existing single family structure. Upon application for conversion of this structure to an Antique/Craft Store, the well and septic system must be abandoned and hook-up to public facilities must occur. -4- 2. A public access eft footpath must be cons cted parallel to the high water mark of the Eagle River. The path cannot extend to the river and construction plans and collateral must be approved by the Eagle County Engineering Department at Final Plat. 3. Fees for Cash in-lieu of School Land Dedication fees be paid prior to Final Plat approval. 4. Off-site Road Improvement Fees shall be determined by the Engineering Department and paid prior to Final Plat approval. 5. Drainage, erosion control and floodplain/setback information be approved by the Engineering Department at Final Plat. 6. Inclusion into the Eagle-Vail Metropolitan District must occur prior to Final Plat approval. 7. A Final Plat is required prior to issuance of any permit on this site. THAT, Nottingham Cottage Minor PUD Plan submitted 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 Coty of Eagle, St to f Colorado, at its meeting held the ~~ day of ~,/~yi ~ 19~, nunc pro tuns to the 2nd day of April, 1996. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, B and Through Its BOARD OF COUNTY COMMISSIONERS -5- __.--- BY: BY: Sara J. Fisher Clerk of the Board of County Commissioners ~ ~~~ BY: ,~ .o- ~~ ~ .. ~ ~--- George A. Gates, Chairman J~rr~te Phillips, issi~,er s E. Johnsbrs'TJr. , ~gt~missioner Commissioner ~,QQ1~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates -'~ Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by ~ -Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -6- .~~ NOTTINGHAM EXhIIBIT A ~~ "_= .: Beginning at a point on the South bank of the Eagle River, said point also being on the North property ling of Lot 2, Block 2, Eagle-Vail Subdivision. Filing No. 2. from whence the South one-quarter corner of said Section 7 bears: S. 00°10'00" E. 150.21 feet; thence N. 09°57'00" E. "`~~• 321.88 feet; thence N. 75°33'24" W. 108.55 feet to a point on a curve; thence 155.20 feet along the arc of said curve, whose radius is 557.63 feet and whose long chord bears: S. 70°01'37" W. ~ •~' 154.70 feet; thence S. 78°00'01" W. 93.40 feet to a point of curvature; thence 149.40 feet along the arc of a curve to the left whose radius is 500.00 feet and whose long chord bears S. 69°26'25" W. 148.85 feet; thence S. 60°52'49" W. 101.94 feet to a point on the South bank of the Eagle ~~- River, said point also being on the North property line of Lot 1-A, Block 2, Eagle-Vail ~ ' Subdivision Filing No. 2; thence along the South bank of said river and North line of said _.,~ subdivsion the following six courses; S. 47°59'03" E. 37.01 feet; S. 60°25'20" E. 170.18 feet; S. ~,,,~- 71 23 51 E. 154.09 feet; 35.89 feet along the arc of a curve to the right, whose radius is 1830.00 feet and whose long chord bears S. 79°57'17" E. 35.89 feet; S. 80°31'00" E. 67.35 feet; N. •''~ 86°40'31" E. 91.52 feet to the point of beginning, containing 2.856 acres, more or less, with all ~:~ appurtenances. SUBJECT TO the lien of that Deed of Trust in favor of Majestic Savings & Loan ~, Association, now World Savings and Loan Association, executed July 23, 1976, and recorded in "~~ the Books and Records of Eagle County in Book 247 at Page 837 thereof as Document No. y''~ ~ 144078. ,,, NOTTINGHAM COTTAGES PLANNED UNIT DEVELOPMENT GUIDE REVISED 4/11/96 NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE A. Purpose The objective of this project is to develop an enclave of short term occupancy cottages in a naturalistic setting along the Eagle River focused around anantique/craft store. This planned unit development uses the topography, proposed land uses and architectural controls to create a unique vacation environment close to the resorts of Beaver Creek and Vail. An overall old English architectural character will link all the buildings together. B. Project Architecture The principle which guides the design theme is the creation of a small country cottage enclave. Reminiscent of eras past when temporary lodging was provided in a small homelike setting, this project will establish a new example of that ambiance. The surrounding tree and shrub massing and the natural terrain features of the site will help set the character of this grouping of cottages. The inherent advantages present in the site have been used and enhanced in the design. Both the visual and physical separation from the adjacent development uses help form the island nature of this site. While avoiding architectural imitations, the feeling and character of English wayside stops will be created. As demonstrated in the site plan for this project, and by the drawings and photographs included, a small scale carefully detailed grouping of cottages will serve a demonstrated need in a low impact low scale manner. All the structures in the enclave will be controlled in design to assure conformance to the concept while allowing for some individual expression. Roof Materials: Asphalt Shingle Non -reflective metal Clay or synthetic the Slate Form Two Story Roof Pitch: Greater than 3:1 -1- NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE C Facade Materials: Wood, stucco, stone or brick Use of some arched forms on all buildings. Examples may include but are not limited to doorways, windows and walls. Flagstone, brick, river rock or cobble stone walks, stairs and entranceway details. The presence of flowers will be a notable feature within the project during the summer months. Each cottage will have a minimum of two window boxes for flowers and a minimum of 120 sf of wildflower garden. The primary/secondary home will have a minimum of four window boxes and 240 sf of wildflower garden. Allowed Uses Building Envelope #1 - Single Family/Secondary Unit including customary accessory (Lot 2) buildings such as garages and sheds Building Envelope #2 - (Lot 1) Building Envelope #3 - (Lot 1) Building Envelope #4 - (Lot 1) Building Envelope #5 - (Lot 1) Building Envelope #6 - (Lot 2) Cottage* Cottage Cottage Cottage -Recreational Vehicle Pad allowed until Cottage is constructed. Cottage Existing House - Single Family House to be converted into Antique or Craft Store with ancillary refinishing shop and main (Lot 1) office for cottages during the second phase of the project. -2- NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE * The primary secondary unit will be constructed in two phases. Initial phase will include the garage and apartment above the garage. The second phase will be the single family house. * * A Cottage is a structure of not more than 1200 square feet of enclosed living space with one kitchen facility designed for short term occupancy, centrally managed and not to be sold separately. The rate structure for accomodations will be on a nightly basis with maximum stay of four weeks. D. Minimum Setbacks (As defined by Eagle County Land Use Regulations) Minimum front, rear and side yard setbacks are defined by the location of the building envelopes as shown on the Preliminary and Final Plat for the subdivision. In all cases there is a minimum setback of 50 feet from the mean high water mark of the Eagle River, 24 feet between buildings, and 25 feet from Nottingham Ranch Road. E. Maximum Building Heights Building Envelope #1 - 35 feet Building Envelope #2-6 - 25 feet Existing House - 25 feet (Antique/Craft Store) An accessory building must be related to the residential use of the main building. Example would be a storage shed for firewood or lawn maintenance equipment. The secondary unit cannot exceed 1,000 square feet of living space and must be constructed above the attached garage and of the same architectural vernacular of the single family house. This dwelling unit may not be subdivided from the primary residence and upon completion of the antique/craft store is to be rented long term to an employee working within Eagle County. -3- NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE F. Maximum Floor Area (.16 net developable) Building Envelope #1 - 4,500 square feet Building Envelope #2 - 1,000 square feet Building Envelope #3-6 - 1,200 square feet cottages, (one kitchen, two bedrooms) Existing House - 2.600 square feet Total Floor Area - 12.900 sauare feet (maximuml Lot Coverage (Buildings) (.10 net developable) Building Envelope #1 - 3,000 square feet Building Envelope #2 - 600 square feet Building Envelope #3-6 - 800 x 4 = 3,200 square feet Existing House - 1,300 square feet Total Lot Coverage - 8.100 square feet lmaximuml (Bldgs) -4- NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE H. Impervious Cover (.24 net developable maximum overall site coverage) * 12,000 square feet as shown on site plan pavement 8,100 from buildings plus arcilliary walkways to cottages Total Impervious Cover - 20,100 square feet * For purposes of these calculations, net developable land is that part of the property outside of the limits of the 100 year floodplain. This represents 79,326 square feet. I. Lighting Limited to pedestrian and decorative lighting only. All lighting shall be downlighting with minimum glare to neighboring properties, pedestrian and automobile areas. No moving or flashing light systems will be permitted. J. Si_~nag_e Two signs at driveway entrances; one for cottages and one for antiquelcraft store and two signs on the store. All signage shall conform to regulations contained in Eagle County Sign Code. (Section 2.11 Eagle County Land Use Regulations). Neon and flashing signs are prohibited. K. Parkin Building Envelope #2 -5 (Cottages) - 1.5 Spaces per Cottage. Three of the required spaces will be provided as a shared parking area north east of the antique store. `~ Building Envelope #6 (Cottage) - 2 Spaces Building Envelope #1 (New Single Family House/Apartment) - 5 spaces Antique/Craft Store - 5 spaces -5- NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE L. Landscaping The concept is to provide a well landscaped cottage enclave along this stretch of the Eagle River. There are a significant number of good sized 25-40 foot trees that are part of the landscape around the existing single family house. These trees are outside the building envelopes and will be protected as much as possible during the future development of the site. In addition, the landscape plan for the P.U.D. will require sizeable new trees to be planted as the new construction comes on line so that the effect of the additional landscaping will be felt as early as possible. Two inch caliper trees have been selected for this purpose. No mature trees will be cut down within the fifty foot setback from the mean high water line of the Eagle River. A landscape plan will be required to be submitted for the single family home and each cottage. At a minimum, the plan shall include: Single Family/Apartment - 4 (2" caliper) deciduous trees including at least one crab apple. - 24 bushes (5 gallon). Bushes to be berry producing such as serviceberry, chokecherry, raspberry and juniper. - 2 (6-8 feet) evergreen trees Cottage - 2 (2" caliper) deciduous trees one of which must be crabapple - 20 bushes (5 gallon) Bushes to be berry producing such as serviceberry, chokecherry, raspberry and juniper - 2 (6-8 feet) evergreen trees Riparian Corridor -Selective thinning will be done along the north bank of the Eagle River to accommodate a three foot path down to the river's edge. -6- NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE One Picnic Area will be provided between Building Envelope #1 and #5. Picnic azea to include one table, benches and one bazbecue facility. This amenity will be provided at the time the fifth cottage is constructed. The majority of the landscaping effort should be directed towards the perimeter of the property supplementing the landscaping along Nottingham Ranch Road, along the boundary of Lot 7 and adding additional vegetation along the 50 ft: setback line of the Eagle River. This landscape approach will emphasize the sense of containment that we are seeking to create for this site and add to the habitat along the river corridor using berry producing bushes and trees. M. Animal Control No dogs will be allowed to accompany patrons of the cottages. If the residents of the single family house or secondary unit own a dog, then an appropriately sized kennel must be provided. In no event will dogs be allowed to roam freely on the property. N. Phasing Plan There will be three major phases to this Planned Unit Development. The first phase will involve the construction of the gazage and secondary apartment. The second phase involves the construction of the new single family house and the conversion of the existing house into the antique/craft store. The widening of the driveway will occur at the completion of the second phase. Also, upon the issuance of a Temporary Certificate of Occupancy for the conversion of the house to an antique/craft store, the apartment above the garage must be rented long term to an employee working within Eagle County. The third phase will start the constuction of the cottages which aze anticipated to be sequenced over a number of yeazs. The overflow pazking azea, (three spacees) will be completed upon issuance of the occupancy permit for the second cottage. -7- NOTTINGHAM PLANNED UNIT DEVELOPMENT GUIDE O. Solid Waste The primary/secondary residence and the antique store will provide a conveniently designed area within the building for the storage of trash. The cottages will provide bear-proof trash receptacles. P. Management Entity A central management entity will be established to manage the cottages and store at the Final Plat stage of the project. The owner of the land, Jeanette Nottingham will be the president of this entity. -8-