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HomeMy WebLinkAboutR96-069 zone distrit amendment for Confluence PUDi~~~ Commissioner moved adoption of the following Resolution: ~~ ~~ BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.96 -~_ APPROVAL of a ZONE DISTRICT AMENDMENT and MINOR PUD for the CONFLUENCE PLANNED UNIT DEVELOPMENT FILE NO: PD-342-95-5/P AND : ZC-269-95 WHEREAS, on o State of Colorado, ~~ by Vail Associates ,~ for approval of a (~ Development for th described in Sched by this reference; r about October 30, 1995, the County of Eagle, accepted for filing an application submitted Investments, Inc. (hereinafter "Applicant") Zone District Amendment and Minor Planned Unit e Confluence Planned Unit Development as ule A attached hereto and incorporated herein and WHEREAS, the applicant requested the approval of a Minor Planned Unit Development(PUD) as described in a drawing titled "CONFLUENCE PARKING" dated September 1995 and attached hereto as Exhibit B, and received by Eagle County Department of Community Development on May 1, 1996, and approved by the Board of County Commissioners (hereinafter "the Board") on May 28, 1996; and as further described in The Confluence PUD Guide, received by Eagle County Department of Community Development on May 9, 1996, and approved by the Board on May 28, 1996; and WHEREAS, public hearings were held by the Eagle County ~' Planning Commission on May 1, 1996 and May 15, 1996 and by the ~ Board of County Commissioners on May 28, 1996; 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 the Eagle County Planning Commission, and comments from all interested parties, the Board finds as follows: 1 by'Ly'/'/ J3-fi~Ei Y-y~34 UEi/1GjyEi UL:LUl' 1'G 1 Ub' 1G K~;C llUC Sara J. Wisher ~;agle County Clerk ~c kecorder U.UU I. Pursuant to Section 2.06.13, Planned Unit Development District: 3) Criteria for the Evaluation of the PUD; ' a) The 25% recommended Open Space is not being met by this development, however the applicant will provide a public path/trail and a temporary boat ramp on-site. b) Residential Density does not apply. c) Density of Other Uses does not apply. d) Architecture does not apply. e) Mixed Uses does not apply. f) The Minimum Area requirement has been met. g) Maintenance of the path and boat ramp will be provided by the property owner. h) Employee Housing does not apply. 7) Preliminary Plan Review; a) In addition to the standard items considered in subdivision review, the Planning Commission and County Commissioners shall consider the following in their review of the Preliminary Plan: (1) An Environmental Impact Statement has not been required as submitted evaluations have been determined to be sufficient for the proposed use. (2) Information requested or required by the County Commissioners upon approving the Sketch Plan does not exist as the Minor PUD process combines the Sketch and Preliminary Plan applications. (3) An application for an appropriate zone change has been submitted. (4) The PUD control document as been submitted which formally establishes the permitted land uses to occur in this development. The.PUD Guide will be filed with the Clerk and Recorder upon approval of this resolution. II. Pursuant to Section 2.14.04, Review of Zone District Amendments: 1) In presenting any application for amendment to the Official Zoning Map, the applicant has the burden of proof to establish the following and the Planning Commission and 2 Board of County Commissioners shall consider the following in their review: a) That the rezoning is consistent with the Master Plan and that the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested and that the advantages of the use requested outweigh the disadvantages. b) Conceptual evidence exists that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. c) That the following criteria is met: (1) That 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 (2) That the proposed rezoning is necessary in order to provide land for a demonstrated community need. III. Pursuant to Section 2.18.02, Preliminary Plan Review: 1) The Department of Community Development did transmit prints of the Preliminary Plan for comments and recommendations to the pertinent agencies itemized in Section 2.17.02(1). 2) The referral agencies have made recommendations on such plans. 3) The Planning Commission did review the Plan and has made recommendations to the County Commissioners. The Planning Commission and County Com~issioners shall consider the following in their review of a Preliminary Plan: a) Conformance to the Sketch Plan and any information requested or required by the County Commissioners upon approving the Sketch Plan cannot occur as the Minor PUD combines the two processes. b) The Preliminary Plan conforms to these and other applicable regulations, policies and guidelines. c) Review of reports on file and others as available pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas and the guidelines and recommendations as prepared by the appropriate agencies, to mitigate hazards and to protect resources have been considered. 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Vail Associates Investments, Inc. for approval of a Zone District Amendment and Minor Planned Unit Development be and is hereby granted subject to the following conditions: 1. This PUD will expire three years from the date of approval by the Board of County Commissioners. 2. The County Engineer must review and approve construction plans for the path. Construction of the path must occur per the Trail Agreement between Vail Associates Investments, Vail Associates, Inc. and the Board of County Commissioners dated December 6, 1994. 3. Verification of an approved Colorado Pollution Discharge Elimination System (CPDES) permit must be demonstrated prior to the proposed uses occurring on the site. Nonconformance to the Storm Water Management Plan contained within the CPDES will constitute a violation of this land use approval. 4. Compliance with the Industrial and Commercial Performance ' Standards, Section 2.07.07 of the Eagle County Land Use Regulations, must occur. Subsection 1)f)- Storage Area, Salvage Yard, Sanitary Landfill, and Wastewater Disposal Area - will be applicable to this proposal. 5. Trash containers provided on-site must meet the Colorado Division of Wildlife specifications. THAT, The Confluence 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. 4 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, Stat of Colorado, at its meeting held the ~(f~ day of 19~, nunc pro tunc to the 28`t,~~;day of May, 1996. ' .~ aa'' :x;5~ $ ,~ ATTEST : x"~~ ~;~,,.~ ~ ~-a< -; _-_ r BY: BY: Sara J. Fish r Clerk of the Board of . County Commissioners BY: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS George A. Gates, Chairman tte Phillips, Commissioner ames E . ~Q1Finson, J~! , Commissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates GLr.P Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. (~~ This Resolution passed by ~3 - (~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 SCHEDULE A PROPERTY DESCRIPTION A PARCEL OF LAND LYING WITHIN THE SOUTH ONE-HALF (1/2) OF THE NORTHWEST ONE-QUARTER (1/4) OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER CORNER OF SAID SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST; THENCE N. 02 DEGREES 08'18"W. 595.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD AND THE TRUE POINT OF BEGINNING; THENCE N. 65 DEGREES 58'08"W. 1762.75 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE MORE OR LESS TO A POINT ON THE SOUTH BOUNDARY OF BENCHMARK AT BEAVER CREEK SUBDIVISION, REVISED FINAL PLAT, EAGLE COUNTY, COLORADO, SAID POINT BEING THE SOUTHEAST CORNER OF TRACT "H" OF SAID SUBDIVISION; THENCE S. 89 DEGREES 50'48"W. 397.29 FEET ALONG THE SOUTH BOUNDARY OF TRACT "H" OF SAID SUBDIVISION TO A POINT FROM WHICH THE NORTHWEST CORNER OF THE SOUTH ONE-HALF (1/2) OF ,THE NORTHWEST ONE-QUARTER (1/4)-OF SAID SECTION 12 BEARS S. 89 DEGREES 50'48"W. 629.76 FEET; THENCE ALONG THE FOLLOWING TEN COURSES OF THE APPROXIMATE CENTERLINE OF THE EAGLE RIVER: 1.) S. 48 DEGREES 46'06"E. 132.70 FEET 2.) S. 57 DEGREES 59'37"E. 341.00 FEET 3.) S. 50 DEGREES 27'44"E. 455.67 FEET 4.) S. 48 DEGREES 24'11"E. 293.81 FEET 5.) S. 44 DEGREES 17'20"E. 152.41 FEET 6.) S. 50 DEGREES 47'24"E. 154.96 FEET 7.) S. 54 DEGREES 19'56"E. 187.29 FEET 8.) S. 82 DEGREES 03'45"E. 214.80^ FEET 9.) N. 85 DEGREES 23'48"E. 162.21 FEET 10.) N. 85 DEGREES 5o'S4"E. 225.41 FEET TO A POINT ON THE WESTERLY RIGHT-OF-wAY OF THE COLORADO STATE HIGHWAY; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ON THE FOLLOWING THREE COURSES: 1.) N. 09 DEGREES 23'26"E. 93.73 FEET 2.) N. 42 DEGREES 47'36"E. 37.43 FEET 3.) N. 10 DEGREES 32'54"E. 54.70 FEET TO A POINT OF CURVE; THENCE CONTINUNING ALONG SAID COLORADO STATE HIGHWAY RIGHT-OF-WAY 181.09 FEET ALONG THE ARC OF A 1101.84 FOOT RADIUS CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 09 DEGREES 25'00" AND WHOSE LONG CORD BEARS N. 05 DEGREES 50'24"E. 180.89 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE FOLLOWING 3 PARCELS: PARCEL 1: A PARCEL OF LAND NO. TK-10 of the Town of Avon, State of Continued on next page SCHEDULE A PROPERTY DESCRIPTION CONTINUED Colorado, situated in the SE1/4 of the NW1/4 of Section I2, Township 5 South, Range 82 West of the Sixth Principal Meridian, more particularly described as follows: Commencing at the center quarter corner of said section: Thence N 00 degrees 06'14" East along the meridional centerline of said section, a distance of 449.22 feet; Thence N 89 degrees 53'46" West a distance of 35.59 feet to the Point of Beginning, said point also being a point on curve from whence the radius point bears N 81 degrees 13'35" West 1095.90 feet said point also being on the westerly right of way of Avon Road, and said curve not being tangent to the previously described course; Thence along said westerly right of way the following three coures: 1. Thence along said curve to the right, having a central angle of O1 degrees 49'48", a radius of 1095.90 feet, an arc length of 35.00 feet; 2. Thence S 10 degrees 36'13" West a distance of 54.70 feet; 3. Thence S 42 degrees 36'43" West a distance of 37.70 feet; Thence N 41 degrees 09'04" West a distance of 30.00 feet; Thence N 11 degrees 30'40" East a distance of 86.00 feet; Thence N 78 degrees 15'47" East a distance of 45.00 feet to the Point of Beginning. Parcel 2: P. Parcel of land No. PE-IO of the Town of Avon, State~of Colorado, situated in the SE1/4 of the N[41/4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, more particulary described as follows: Commencing at the center quarter corner of said section; Continued on next page SCHEDULE A PROPERTY DESCRIPTION CONTINUED Thence N 00 degrees OG'14" East along the meridional centerline of said section, a distance of 449.22 feet; Thence N 89 degrees 53'46" West a distance of 35.59 feet to the Point of Beginning, said point also being on the westerly right of way of Avon Road; Thence S 78 degrees 15'47" West a distance of 45.00 feet; Thence N 20 degrees 40'24" East a distance of 52.00 feet; Thence N 3 degrees 53'04' East a distance of 119.79 feet to a point on the southerly right of way of the Denver and Rio Grande Western Railroad; Thence S 65 degrees 58'08" East along said southerly right of way, a distance of 33.06 feet to a paint on the westerly right of way of Avon Road, said point also being a point on curve from whence the radius point bears N 88 degrees 52'13" West a distance of 1095.90 feet, said curve also being not tangent to the previously described course; Thence along said westerly right of way and along said curve to the right, having a central angle of 07 degrees 38'35", a radius of 1095.90 feet, an arc length of 146.20 feet to the Point of Beginning. PARCEL 3: A parcel of land No. TK-10-A of the Town of Avon, State of Colorado, situated in the SE1/4 of NW1/4 of Section 12, Township 5 South, Range 82 west of the Sixth Principal Meridian, Commencing at the center quarter corner of said section; Thence N 00 degrees 06'14 East along the meridional centerline of said section, a distance of 333'.13 feet; Thence N 89 degrees 53'46" tJest a distance of 76.86 feet to the Point of Beginning, said point also being on the westerly right of way of Avon Road; Thence S 09 degrees 28'13 West along said westerly right of way Continued on next page SCHEDULE A PROPERTY DESCRIPTION CONTINUED a distance of 94.50 feet to a point on the centerline of the Eagle River; Thence S 85 degrees 58'54" west along.~said centerline a distance of 28.16 feet; Thence N 11 degrees 28'18" East a distance of 120.18 feet; Thence S 41 degrees 09'04" East a distance of 30.00 feet to the Point of Beginning. COUNTY OF EAGLE STATE OF COLORADO \. ~ \ "EXHIBIT B" ~`. . ~- ~i ~ ~ _- ~ ~~~~ ~~ CONFLUENCE ' ~. .. _ : '-' -~ ~, ~ , ~ . PARKING ~~ !• v ~ ~ v ' ~ . ~` ~ ~• 111••4.,rN I.,.v,..•M.•a1N!M.~ . ~ i. r rr ~ , • `~~- :~:: ems: ~,..:-%, , . kt{j',,;- ; , ~ , ~. , J c~ ~ ,/~ '~ ; . .r: ,IM -; `~.,,.~<.. ,,r ~l ~ IFasi Day ~ ~ h-- '` r -~ . (r1 ~ • ~ ;- . _5 `+' _,,,. ` Parking Lot ,~ - i .. ~ `~ ILA ' n..~ 'h"~+'~1r." `'~M ^.~ "~f ;fit ~~i ~' ~ I~ r t~'~ `1 ' ~..` ~ ' do °~.J~ ~ ! I-Acre - ~ fiii~'~.~1~'„`~~1`~, ,' \ \ • i I LayJown Area r ~ • ;t~ ~ ~ , 1 ~ • ~'r ~ ~. ,~ ~ l ~ ~ e. a ~ 20Q Parking ' `~' `~~ BUS Stop ~~' ~ ~:,, Spuccs ~•;!•- ~~`~~ ~4 ~. ~.~ , j• ~ ~± Dike Path ;t. •i` .. " °r,. `~ V ;The Seasons ~ - --' ~'1: ` . 7• !l t', •~t, I ~ ---- ~. i~•r w ., .. .T:~.~ --l ~} . ~ 1'K.' CONFLUENCE PLANNED UNIT DEVELOPMENT GUIDE A. PURPOSE The purpose of this PUD Guide is to ensure orderly use of the property in accordance with the standazds, restrictions and regulations which govern the use of land within the Confluence Planned Unit Development. The Confluence Minor PUD is a single lot, limited use development that will serve, on an interim basis, as surface parking and construction laydown in support of the Beaver Creek Resort and Bachelor Gulch Village. B . DEFINITIONS Construction Lav Down Construction Lay Down shall be defined as the short term storage of construction equipment, vehicles, tools, and materials. Storage may occur in construction trailers, truck trailers, portable sheds, job boxes, or outside. No manufacture, assembly or maintenance of equipment, vehicles, or materials is allowed. Snow Storage Snow storage shall be defined as the deposition and storage of snow, from both on site and off site sources. All snow storage shall occur within the azea defined by the silt fence as indicated on the PUD Plan. C. ALLOWABLE USES 1. Permitted Uses a. Parking of up to 200 automobiles for employees working in Beaver Creek Resort or Bachelor Gulch Village. From April 1 through November 15 of each year that this PUD Guide is in effect thirty of the parking spaces will be made available for the public utilizing the Eagle River access, bicycle path or boat ramp. b . Construction Lay Down area not to exceed one acre for the time period June 1, 1996 through June 1, 1997 as indicated on the attached plan. c. Recreation Trails/River Access d. Snow Storage D. SIGN CODE Pronertv/Proiect Identification Si One property/project identification sign shall be allowed at the primary access to the property. The sign shall be located outside of the intersection cleaz zone azea as defined in Section 2.23 of the Eagle County Land Use Regulations. The sign information shall be limited to identification of the property and the use of the property. Maximum size shall be 20 square feet. Maximum height shall be 8 feet from existing grade. Internal Directional Signs Up to 2 internal directional signs shall be allowed. Maximum size shall be 6 square feet. Maximum height shall be 8 feet from existing grade. Internal Identification Signs Each individual contractor utilizing the construction lay down area shall be allowed to post one identification sign on the fence adjacent to, or on the individual entrance gate. The maximum size shall be 9 square feet. Maximum height shall be 6' above grade. Internally lighted signs shall be prohibited in the Confluence PUD. E. LIGHTING STANDARDS Lighting standards shall be a maximum height of 18'. They shall be dual shoebox style containing one 150 Watt high pressure sodium lamp per fixture. This configuration will produce approximately aft candles of light at the bottom of each pole. Placing ten such poles throughout the construction laydown and parking area will achieve an average lumen rating of 1/2 ft candle. The hours of operation of the lights shall be restricted to the period between 7:00 a.m. and 8:00 p.m. each day. F . FENCING S'T'ANDARD Each individual contractor utilizing the lay down area shall be required to delineate the area to be utilized with a 6' high chain link fence. Mesh screening fabric shall be incorporated into the entire length and height of the fence. G . EXPIRATION This minor PUD will expire upon the 3rd anniversary of the date of final approval by the Board of County Commissioners. Upon expiration of the PUD the uses and zoning of the property will revert to the RSL zone district.