HomeMy WebLinkAboutR93-128 amendment to Arrowhead at Vail PUD Areas M, F G & JCommissioner y r osn h�i. moved adoption
o the folloting Resolution:
/. RESOLUTION
OF THE
°. COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93 - /
APPROVAL OF:AMENDMENT TO
ARROWHEAD AT VAIL PLANNED UNIT DEVELOPMENT
DEVELOPMENT AREAS M, F,G, AND J
FILE NO. PD- 139 -93 -A3
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WHEREAS, on or about September 1, 1993, the County of Eagle, State
of Colorado, accepted for filing an application submitted by Arrowhead At
Vail, A 'Colorado Joint Venture, (hereinafter "Applicant ") for amendment
of the Arrowhead At Vail Planned Unit Development, Development Area M, F,
G and J, Eagle County, Colorado (hereinafter the "PUD"), File No. PD -139-
93-A3; and
WHEREAS, the Applicant requested amendment of the PUD for the
purposes of amending the Overall Development Plan for Development Areas
M,F,G, and J; and
WHEREAS, public notice was duly published in a newspaper of general
circulation throughout the County concerning the subject matter of the
application, setting forth the dates and times of hearings for
consideration of the application by the Planning Commission and the Board
of County Commissioners of the County of Eagle, State of Colorado
(hereinafter the "Board "), in accordance with the Amended and Restated
Guide to the Planned Unit Development Plan for Arrowhead At Vail, Section
IV. (1), Substantial Amendments; and
WHEREAS, at its public meeting
Commission, based upon its findings,
the proposed PUD Amendment; and
held October 20, 1993, the Planning
recommended conditional approval of
WHEREAS, at its public hearing of October 26, 1993, the Board
considered the PUD Amendment application, associated plans and the
statements and concerns of the Applicant and the Eagle County Staff.
Based on the evidence, testimony, exhibits, review of the Eagle
County Master Plan, the recommendation of the Planning Commission and
Staff and comments from all interested parties, the Board finds as
follows:
Pursuant to the amended and restated Guide To The Planned Unit
Development Plan for Arrowhead At Vail, IV.(1) Substantial
Amendments.
The modification removal or release is consistent with the
efficient development and preservation of the entire PUD, does not
affect in a substantially adverse manner either the enjoyment of
land abutting upon or across the street from the PUD, or the public
interest, if the Staff recommendations are followed and is not
granted solely to confer a special benefit upon any person.
519889 B -623 P -823 11/03/93 12:34P PG 1 OF 9 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
In addition to the above PUD,criteria, the following
Preliminary Plan criteria were considered pursuant to Section
2.18.02(3) of the Eagle County Land Use Regulations:
(a) Conformance with the Sketch Plan and any information requested
or required by the County Commissioners upon approving the
Sketch Plan.
Findings: The PUD Amendment application is in general conformance
with the Sketch Plan approvals if the staff
recommendations are followed.
(b) Review of the Preliminary Plan to determine whether the
proposed subdivision conforms to these and other applicable
regulations policies and guidelines.
Findings: The PUD Amendment Application /Preliminary Plan is in
general conformance to these and other applicable
regulations policies and guidelines if the staff
recommendations are followed.
(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 recommendations
as prepared by the appropriate agency, to mitigate hazards and
to protect resources.
Findings: The staff has reviewed the reports on file and others as
available pertaining to geologic, soils, wildfire, flood
and airport hazards, mineral resource areas and
significant wildlife areas and recommendations as prepared
by the appropriate agency, to mitigate hazards and to
protect resources have been recommended.
In addition to the above Preliminary Plan review criteria, the
following Planned Unit Development criteria were considered pursuant
to Section 2.06.13(2), Standards and Requirements:
(a) The PUD shall be consistent with the intent of the Master Plan
and the policies therein.
Findings: The PUD amendment is generally consistent with the intent
of the Eagle County Master Plan and the Edwards Sub -Area Plan to the
extent applicable, with the exception of increased traffic on
Highway 6, which will be further evaluated as part of the Department
of Transportation Access Permit.
(b) The design and construction of the PUD shall include adequate,
safe, and convenient arrangements for pedestrian and vehicular
circulation, off - street parking and loading space.
Findings: The design and construction of the PUD includes adequate,
safe, and convenient arrangements for pedestrian and
vehicular circulation, off - street parking and loading
space.
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(c) While there may be no fixed setbacks and lot widths, the County
Commissioners may require such setbacks, lot widths, and space
between buildings as necessary to provide adequate access and
fire protection, to insure proper ventilation, light, air, and
snowmelt between buildings, and to insure that the PUD is
compatible with other development in the area. As a general
guide, 20 feet between buildings is considered minimum.
Findings: The proposed setbacks and lot widths are adequate to
provide adequate access and fire protection, to insure
proper ventilation, light, air, and snowmelt between
buildings, and to insure that the PUD is compatible with
other development in the area.
(d) open space for the PUD shall be planned to produce maximum
usefulness to the residents of the development for purposes of
recreation, scenery, and to produce a feeling of openness. All
areas designated as common or public open space pursuant to the
requirements of this section shall be accessible by proper
physical and legal access ways.
Findings: Open space for the PUD has been planned to produce maximum
usefulness to the residents of the development for
purposes of recreation, scenery, and to produce a feeling
of openness. All areas designated as common or public
open space pursuant to the requirements of this section
are accessible.
(e) The developer shall provide within the PUD central water and
sewer facilities as may be required by the
County Commissioners, the Colorado Department of Health, and
the local health authorities.
Findings: The developer has committed to providing within the PUD
central water and sewer facilities as may be required by the County
Commissioners, the Colorado Department of Health, and the local
health authorities.
(f) The development shall be designed to provide for necessary
commercial, recreational and educational facilities
conveniently located to residential housing.
Findings: The development has been designed to provide for necessary
commercial and recreational facilities conveniently
located to residential housing. The educational impacts
are expected to be minimal and the impact fee to the
school district has been previously been paid.
(g) Clustered housing and other buildings shall be encouraged to
promote maximum open space and economy of development and
variety in type, design and layout of buildings.
Findings: Clustered housing and other buildings have been proposed
to promote maximum open space and economy of development
and variety in type, design and layout of buildings.
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(h) Maximum height of structures shall be established by the
approved PUD plan.
Findings: Maximum height of structures has been established by the
approved PUD plan.
In addition to the above Standards and Requirements, the following
criteria for evaluation of the Planned Unit Development shall be
considered pursuant to Section 2.06.13(3):
(a) open space (25% Minimum)
It is recommended that a minimum of 25 percent of the total PUD
shall be devoted to open air recreation or other usable open
space, public or quasi - public.
Findings: The PUD amendment proposal includes approximately 77% open
space in Bachelor Gulch and 100% open space in Development
Area J.
(b) Residential density
Density shall be limited as required by the County
Commissioners upon consideration of the Master Plan and
individual characteristics of the subject land.
Findings: The density has been proposed in consideration of the
Master Plan and characteristics of the subject land.
(c) Density of other Uses (commercial)
The density of uses other than residential shall be limited as
required by the County Commissioners upon consideration of the
Master Plan and individual characteristics of the subject land.
Findings: The commercial density has been proposed in consideration
of the Master Plan and characteristics of the subject
land.
(d) Architecture
Each structure in the Planned Unit Development shall be
designed in such a manner as to be compatible with
other units in the area, yet to avoid uniformity and lack of
variety in structural designs among the PUD.
Findings: The architecture within the Planned Unit Development has
been designed to be compatible with other units in the
area, yet avoids uniformity and lack of variety in
structural designs among the PUD.
(e) Mixed Uses
The PUD shall be designed, insofar as practicable when
considering the overall size of the PUD, to provide commercial,
recreational and educational amenities to
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its residents to alleviate the necessity of increased traffic
and traffic congestion.
Findings: The PUD has been designed to provide commercial and
recreational amenities to its residents. Lift easements
and road connections have been proposed to alleviate the
increased traffic and traffic congestion. Educational
amenities are not proposed and are not appropriate in this
location.
(f) Minimum Area
A PUD is not permitted on a parcel of land less then 5 acres in
area.
Findings: The minimum area requirement has been met.
(g) Maintenance of Open Space
No PUD shall be approved unless the County Commissioners are
satisfied that the landowner(s) have provided for or
established an adequate organization for the ownership and
maintenance of common open space and private roads, drives and
parking which, in the opinion'of the County Commissioners, is
best calculated to insure maintenance of such area.
Findings: The Arrowhead Metropolitan District is in place to provide
for the ownership and maintenance of common open space and
private roads, drives and parking.
(h) Employee housing
For any PUD project, the applicant is responsible to analyze
his employee housing needs and show how he is satisfying these
needs.
Findings: The applicant has analyzed the employee housing needs and
has proposed an acceptable employee housing plan to be
implemented through the PUD Guide.
In addition to the above criteria for evaluation of the Planned Unit
Development, the following were considered pursuant to Section
2.06.13(7)(a) Preliminary Plan Review.
(1) The adequacy the Final Environmental Impact Report
Findings: The Final Environmental Impact Report submitted with the
application is adequate.
(2) Any information requested or required by the County
Commissioners upon approving the Sketch Plan.
Findings: The issues and information required by the County
Commissioners upon approval of the sketch Plan have been
addressed.
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(3) Application for appropriate zone change.
Findings: An application for a zone change has been submitted with
the application.
(4) The PUD control document. This document formally establishes
the permitted land uses and must be files with the Clerk and
Recorder.
Findings: A PUD control document has been submitted and reviewed by
staff and approved by the Board of County Commissioners
and will be recorded with the Clerk & Recorder.
Findings in accordance with Section 2.14.04;
Findings: The rezoning is consistent with the Master Plan and
Edwards Sub -Area Plan, to the extent applicable and the
area possesses the geologic, physical and other
environmental conditions compatible with characteristics
of the use requested and that the advantages of the use
requested outweigh the disadvantages.
Findings: Conceptual evidence has been provided that the land has
access and can be serviced with water and sewage disposal
systems appropriate with the zone district being sought;
and
The following criteria are met:
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
That the proposed rezoning is necessary in order to
provide land for a demonstrated community need.
Findings: 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by Arrowhead At Vail, A Colorado
Joint Venture, for amendment of the Arrowhead At Vail Planned Unit
Development be and is hereby granted with the following conditions:
1. The geologic stability within Development Area M shall be
further evaluated by the applicants geologic consultant and
submitted to Eagle County for review by the Colorado Geologic
Survey. Prior to approval of a Final Plat within Development
Area M, the geologic analysis must demonstrate the following:
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A. That the majority
been eroded away.
of the mass of the old landslide has
B. That the existing natural drainage system is at, or near,
the elevation of the old failure plane and is effectively
draining the residual landslide deposits.
C. Presentation of an engineered grading and drainage plan
sufficient to handle the anticipated incident
precipitation, and transport it off of and away from the
residual landslide deposits.
D. Slope stability analysis and factor of safety calculations
based upon the above conditions showing this area to be
acceptably stable and suitable for the proposed
development.
If the geologic stability analysis is not satisfactory to Eagle
County, a Preliminary Plan revision for Development Area M will
be required in accordance with the Preliminary Plan /PUD
Amendment review process.
2. Prior to the first final plat submittal for the Bachelor Gulch
Development Area (development area M), the applicant must
demonstrate deeded legal access via Prater Road. Any alternate
access proposed must be reviewed through the Preliminary
Plan /PUD Amendment review process.
3. Arrowhead shall construct a 10 foot wide (minimum) paved trail
through their property, north of and parallel to highway 6.
There shall be an associated "spur" trail constructed on
Development Area J which is in substantial conformance with
Exhibit B. The exact location and extent is subject to further
approval by the County prior to submittal of a Final Plat for
Development Area M. The trail shall be constructed or
collateralized as a public improvement in conjunction with the
first Final Plat submittal for land within
Development Area M (Bachelor Gulch) or within 2 years from this
Preliminary Plan approval.
4. Arrowhead shall submit to Eagle County as part of its first
Final Plat for Bachelor Gulch, a fully executed wildlife
agreement between Arrowhead and the Colorado Division of
Wildlife which is in substantial conformance with the "memo of
understanding" between the parties dated September 14, 1993.
The wildlife agreement shall be recorded with the first Final
Plat within Development Area M and a plat note shall refer to
the agreement.
5. Potential streets and emergency egress routes, designated as
land use tracts allowing for open space and road rights -of -way,
shall be extended to the boundary lines of the land to be
subdivided unless prevented by topography or other physical
conditions.
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6. For a period of time, a potential lift corridor shall be
identified in Bachelor Gulch for a potential lift connection
with Avon and the Beaver.Creek Ski Area, said corridor shall be
free of any development which would interfere with the
potential lift connection. Arrowhead shall not be obligated to
provide any easement, dedication, reservation or other grant of
a lift corridor or lift connection except by mutual agreement
with Beaver Creek. The requirement of the identification of
the potential lift corridor shall expire at such time as the
owner of Beaver Creek has:requested a replatting or
resubdivision of any of it's property to the South of Bachelor
Gulch, such replatting or resubdivision has been approved and
the owner of Beaver Creek has not been required to identify a
lift corridor for the potential lift connection which is
similar to and compatible with that required of Arrowhead.
7. The water and sewer line alignment will be further reviewed at
Final Plat and must be located to avoid, to the extent
practical, sensitive environmental areas, such as, wetlands,
riparian corridors and critical wildlife areas.
8. The water tank shall be as unobtrusive as possible. The tank
shall be constructed of neutral colors and must be landscaped
or buried. Compliance with this
condition shall be illustrated as part of the building permit
application for the water tank.
9. Construction staging areas shall be designed to contain all
incidental or accidental fuel and lubricant spills.
10. An erosion control and revegetation plan for Bachelor Gulch,
including the access road through the Beaver Creek PUD, shall
be submitted prior to construction or with the initial Final
Plat application, whichever comes first and collateralized as a
public improvement.
11. The Final Public Improvement Drawings must show difficult
individual lot access driveways that do not comply with Eagle
County standards for residential
driveways. Difficult individual lot access driveways will be
further evaluated at Final Plat and may need to be designed and
constructed by the developer /applicant.
12. Arrowhead shall submit evidence, as part of its first Final
Plat application for Bachelor Gulch, that the
developer /applicant has obtained a Section 404 Permit for
impacts to wetlands, if required.
13. The applicant shall submit an "Entrance Road Mitigation Plan"
with the first final plat for Development Area M. The purpose
of the "Entrance Road Mitigation Plan" is to mitigate visual
impacts and minimize adverse impacts on property owners within
Tract L, First Amendment Beaver Creek Subdivision, Second
Filing. Said "Entrance Road Mitigation Plan" shall be included
with the public improvement drawings and collateralized as a
public improvement.
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14. A CDOT Access Permit must be obtained prior to or in
conjunction with the first final plat submitted for Bachelor
Gulch.
15. Lots 54,55,56 and 57 are hereby removed from the Preliminary
Plan.
16. A Subdivision Improvements Agreement shall be submitted with
the first Final Plat for Development Area M.
The Board 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
County of Eagle, State of Colorado, at its regular meeting held the
1st day of November, 1993, nunc pro tunc to the 26th day of October,
1993.
By:
the
COUNTY OF EAGLE, STATE OF COLORADO, By
and Through Its BOARD OF COUNTY
COMMISSIONERS
By: rur�_� /ia
George/ A. Gates, Chairman
�• - Phfilips, Commis2fione
:)ner
Commiss
foregoing Re
follows:
Ze
Commissioner George A. Gates rj."p
Commissioner Johnnette Phillips /
Commissioner James E. Johnson, Jr.
This Resolution passed by 3 — 0 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
E
Clerk of the Board of the
Board of County Commissioners