HomeMy WebLinkAboutR96-101 Zone district amendment and minor PUD for the Edwards Nursery/% d _-
Commissioner ~~~~~ y~,c~s~ n moved adoption
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of the following Resolution:
BOARD OF COUNTY COl~IIKISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96 - ~U~
APPROVAL of a ZONE DISTRICT AMENDMENT and
MINOR PUD for the
EDWARDS NURSERY
FILE NO: PD-341-95-5/P
AND ZC-268-95
WHEREAS, on or about April 29, 1996, the County of Eagle,
State of Colorado, accepted for filing an application submitted
by Marty Jones of Colorado Alpines, Inc. For B & B Excavating,
Inc. (hereinafter "Applicant") for approval of a Zone District
Amendment and Minor Planned Unit Development for the Edwards
Nursery Planned Unit Development as described in Appendix A
attached hereto; and
WHEREAS, the applicant requested the approval of a Minor
Planned Unit Development(PUD) as described in a drawing titled
"Edwards Nursery PUD, Lot 1" received by Eagle County Department
of Community Development on or about April 16, 1996, and approved
by the Board of County Commissioners (hereinafter "the Board") on
July 9, 1996; and as further described in The Planned Unit
Development Control. Guide (Edwards Nursery), received by Eagle
County Department of Community Development on July 1, 1996, and
approved by the Board on July 9, 1996; and
WHEREAS, public hearings were held by the Eagle County
Planning Commission on June 19, 1996 and by the Board__of County
Commissioners on July 9, 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
596621 13-700 Y-632 07/25/96 12:54!' YG 1 U~' 10 KEC llUC
Sara J. r'isher ~;a~le County Clerk ~ kecorder 0.00
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the Eagle County Planning Commission, and comments from all
interested parties, the Board finds as follows:
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 open space provided has been
determined to be sufficient for the proposed use.
b) Residential Density does not apply.
c) Density of Other Uses does not apply.
d) Architecture has been reviewed for compatibility.
e) Mixed Uses does not apply.
f) The Minimum Area requirement has been waived.
g) Maintenance of the open space 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 is
attached to this resolution.
II. Pursuant to Section 2.14.04, Review of Zone District
Amendments:
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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
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 Commissioners 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
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wildlife areas and the guidelines and recommendations
as prepared by the appropriate agencies, to mitigate
hazards and to protect resources have been considered.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by Colorado Alpines, Inc.
and B & B Excavating for approval of a Zone District Amendment
and Minor Planned Unit Development be and is hereby granted
subject to the following conditions:
1. County Engineering comments referenced in a letter to the
applicant must be resolved prior to approval of a final plat.
THAT, the Edwards Nursery 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 County of Eagle, State of Colorado, at its
meeting held the a~..3~f ~( day of ~-EcA 19~,
nunc pro tunc to the 9th day of July, 1996.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
4
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C% ~ a
BY - ~ °_~Y
Sara J. Fisher ~
Clerk of the Board of
County Commissioners
BY:
BY:
George A. Gates, Chairman
Johnnette Phillips, Commissioner
E. Johns~.~issioner
Commissioner :~~u1'1%, .~ / 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 1.~i2i~~.~r~i1 ~3,~/ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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APPENDIX "A"
Edwards Nursery P.U.D, Lot 1
Legal Description
A parcel of land located in the upper Northwest Corner of Section 5, Township 5 South,
Range 82 West of the Sixth Principal Meridian, Eagle County, State of Colorado,
according to the Dependent Resurvey of said Township and Range as approved by the
U.S. Surveyor General in Denver, Colorado on September 7, 1977, with all bearings
contained herein being relative to a bearing of S.88°50'47"E. between existing brass
cap monuments marking the Northwest Corner of Section 5 and the North Quarter
Corner of Section 5; said parcel being more particularly described as follows:
Beginning at a point on the west boundary line of the Southeast Quarter of the
Northwest Quarter of said Section 5 from which the northwest corner of said Section 5
bears N.33°03'53"W, 2348.22 feet distant; thence along said west boundary line
S.01 °58'40"W. 335.43 feet to a point on the northerly right of way boundary line of U.S.
Highway No. 6; then along said highway boundary line N.76°35'08"W. 150.00 feet;
thence departing said highway boundary line N.04°35'13"E. 306.01 feet; thence
S.88°01'20"E. 133.09 feet to the point of beginning. Said parcel contains 1.033 acres
more or less.
PLANNED UNIT DEVELOPMENT CONTROL GUIDE
(EDWARDS NURSERY)
1. PURPOSE
The purpose of this Planned Unit Development (PUD) Guide is to set forth land use
restrictions, regulations, and development standards that will govern this parcel. Said
parcel contains 1.033 acres, and is located approximctely 840 linear feet east of the Lake
Creek Road intersection, on the north side of U.S. Highway 6 in Edwards, Eagle County,
Colorado.
2. USES BY RIGHT
The site shall be zoned to allow for a retail garden center, including outdoor plant
growing and storage areas, greenhouses, storage sheds, and office space related to
operation of the retail garden center.
3. SPECIAL USES
Temporary uses must be reviewed and approved by the Board of County Commissioners.
4. MINIMUM SETBACKS FROM PROPERTY LINE
kont Fifty feet to building; twenty five feet to wood trellis shade structure
Side: Ten feet from property line or top edge of the existing cut slope to building
Rear. Five feet to building.
3. BUILDING STANDARDS
The t 991 Uniform Building Code shall be used for all permanent structures assuming a
snowload of 54 PSF as per current county planning ana engineering recommendations.
6. MAXIMUM BUILDING HEIGHT
The maximum heights of any buildings shall not exceed thirty five feet.
7. MAXIMUM LOT COVERAGE
a) Buildings;. The proportion of the lot covered by buildings shall not exceed forty
percent (40%) of the total lot area.
b) Impervious Moterialsw The proportion of the lot covered by material which
prohibits the infiltration of water shall not exceed sixty percent (60%) of the total
lot area.
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8. AREA TOTALS
Offices ~ Retal! Area - 3,034 sf. total, of which:
2,130 sf, for retail floor space
603 sf. for office space
60 sf. for rest room
183 sf. for conference/ break room
58 sf. for mechanical room
indoor Growing LStorage - 3,034 af. for greenhouse warehouse
480 sf. for equipment shed storage
Outdoor Growing & Storage - 5,600 sf. total for trellis shade structure area, of which:
5,150 sf. for plant materials growing & storage
300 sf. for bagged goods
150 sf, for pottery
7,396 st. for seasonal tree growing i storage area, of which:
2,496 sf, for production greenhouse .
4,900 sf. for beds to store and grow plants and access paths throughout
Driveways & Parking - 14,570 sf., of which:
8,065 sf. for main driveway and employee parking stalls
3,805 sf. for truck turn around
2,700 sf. for customer parking stalls
Site Hardscapea - 2,785 st., of which:
,370 sf. for front porch S sidewalks
705 sf. for delivery dock
630 sf. for boulder wall
80 sf. for boulder wall stairs
Greenspaces - 7637 sf., of which:
3,340 sf. for display garden
1,850 sf. for 10' hillside setback
1,000 sf. for drainageway unusable for tree storage]
922 sf. for driveway island & plantings
525 sf. for unusable open area
9. OUTDOOR STORAGE
Outdoor storage areas are limited to the areas as shown on the Site and Landscape
Elements Plan. Outdoor storage will conform to the Industrial and Commercial
Performance Standards of the Eagle County Land Use Regulations.
Storage of trees, shrubs, and perennials shall be allowed outside the greenhouse
warehouse structure for growing and maintenance purposes. Shrubs and perennials shall
be stored beneath a shaded wood trellis structure as shown on the overall development
plan. No more than 3 commercial landscape vehicles shall be parked on the site at any
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given time; such vehicles shall be parked in the parcel's rear near the tree storage area
or in the loading dock turn-around. These vehicles shall not be visible from U.S. Highway
6. The storage of small landscape equipment shall be done within a storage shed that is
architecturally compatible with the main building. The shed shall be used for the storage
of all other miscellaneous materials. Retail bagged goods such as peat moss and mulch
shall be stacked and stored neatly beneath the trellis shade structure, placed discreetly
and screened from view by appropriate foliage. A trash dumpster container and
enclosure structure will be located at the building's rear, out of site from Highway 6, and
be made accessible for regular pick up. The enclosure will be of materials appropriately
specified to the standards of the dumpster servicing company, with wood paneling
construction compatible with the architecture of the main building.
10. OPEN SPACE AND LANDSCAPING
Garden center operations require the use of large portions of the site for open space, as
such spaces are needed for the growth, maintenance, and storage of plant materials. As
stated above, the percentage cover of buildings shall not exceed 4096 of the total site.
Approximately 3,340 sf. of display garden will be provided for the public's enjoyment and
other landscaping shall be provided to the extents shown on the Site and Landscape
Elements Plan. These areas shall be landscaped to provide an appropriate buffer
between Highway 6 and the site structures. It shall be the responsibility of the Owner to
ensure its proper care and maintenance of landscape improvements. An irrigation
system shall be installed to maintain all landscaped areas.
11. PARKING, LOADING AND UNLOADING FACILITIES
Parking shall be provided as shown on the site plans as follows:
Customer Parking: {12) ! 0' x 20' standard stalls and (2) 10' x 25' parallel parking
stalls.
Accessible Paridng: {1) 10'x20' stall with two contiguous access aisles (one 5'x20'
and one 6' x 20'}.
Employee Parking: {9) 10' x 20' stalls (3 triple depth stalls}.
Total parking provided shall be twenty four stalls. Parking facilities shall be based on a
sum of the uses as required by Eagle County Land Use Regulations. A semi-truck
turnaround and loading/ delivery dock shall be provided as shown on the site plans.
12 SIGN RESTRICTIONS
The site shall contain no more than three signs, at the locations shown on the site plan
and must conform to the following:
a) Site Entry Signage: Sign shall be of painted wood that is in keeping with the rustic
nature of the development. Sign shall be located at the entrance, and shall be a
hinged sign, engraved and painted on both sides, hanging from a post no more
than eight feet in height. The sign shall be arranged in such a way as to be
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perpendiculpr to the highway, thus visible from either of the approaching
directions.. Sign area shall not exceed 15 sf. Landscaping shall be designed
appropriately to frame the sign and hide the base of the mounting post.
b) Archltecturat-mounted signage: One sign shall be mounted above the main
entrance. It shall be in scale with the building and not exceed 12 sf.
Lighting on the signs shall be limited to down lighting fixtures.
13. LIGHTING
All exterior lighting shall be building mounted, post mounted, or at grade, and limited to a
height of ten feet. Security lighting shall be allowed as necessary. No exterior lighting
shall spill over into any adjacent property.
14. fENC1NG
Perimeter fencing shall be allowed, the intent of which is to delineate the area of the
garden center parcel while keeping with the character of an agricultural or ranch style
activity. The standard fencing allowed for a perimeter fence shall be wood or PVC post
and rail, split rail, or buck and rail (ranch style.
15. DESIGN STANDARDS
Buildings: Roofing shall be of a subtlety colored metal consistent with hues present in
the surrounding landscape. The facade of the buildings shall be of rough
sawed bat! and board siding with both bay and fixed windows of non-
reftective glass. Flower boxes and shutters are proposed to carry out the
theme of a rustic Colorado ranch. The greenhouse warehouse roofing and
west facing wall shall be of a clear twinwalt polycarbonate (Lexan).
Storage buildings shall have rough sawed batt board siding and a metal
roof matching that of the main building.
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