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HomeMy WebLinkAboutR05-005 Berry Creek Miller Ranch PUD File No. PDA-00058 II II 1111111 IllIhlll III ~~~t.~1:.2.' \0 I N~ Teak J Simonton Eagle CO 370 R 0.00 0 0.00 Commissioner R l1fV\} ON moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - (fj r; A RESOLUTION APPROVING AN AMENDMENT TO THE BERRY CREEK MILLER RANCH PLANNED UNIT DEVELOPMENT Eagle County File No. PDA-00058 WHEREAS, on or about November 2, 2004, the County of Eagle, State of Colorado, accepted for filing an application submitted by Eagle County, (hereinafter "Applicant") for amendment of the Berry Creek Miller Ranch Planned Unit Development located in Edwards, Colorado (hereinafter the "PUD"), Eagle County File No. PDA-00058; and WHEREAS, the Applicant requested the amendment of the PUD for the purpose of revising the Planned Unit Development Guide to reduce the interior side yard setback for Parcel 1, Tract D (Miller Ranch) from 20 feet to 15 feet; and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board"); and WHEREAS, at its public meeting held December 15, 2004, the Eagle County Planning - Commission., based upon its findings, recommended conditional approvat.()fthe'proposed PUn *, Amendment; and WHEREAS, at its public meeting of January 4, 2005, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and 1 WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Eagle County Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: 1. Unified ownership or control. The title to all land that is part of this PUD is owned or controlled by one (1) person. 2. Uses. All of the proposed additional uses that may be developed in the PUD are uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 3. Dimensional Limitations. The dimensional limitations that shall apply to the PUD are not those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. However, a variation ofthese dimensional limitations is authorized pursuant to Section 5-240 F.3.f., Variations Authorized. 4. Off-Street Parking and Loading. It has previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. Off-street parking and loading requirements are to be determined during the site specific development review for each site. 5. Landscaping. It was previously determined that the landscaping provided in the PUD does comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Revisions to the Landscape Plan are not required. 6. Signs. It was previously determined that the signage provided in the PUD is part of an approved comprehensive sign plan. Revisions to the comprehensive sign plan are not required. 7. Adequate Facilities. It has previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect the provision of adequate 2 facilities for potable water supply, sewage disposal, solid waste disposal, and electrical supply, fire protection, and roads; and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. 8. Improvements. It has previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect improvements regarding: safe, efficient access; internal pathways; principal access points; and snow storage. 9. Compatibility With Surrounding Land Uses. The development approved for the PUD has previously been determined to be compatible with the character of surrounding land uses. With the proposed amendment, the development will continue to be compatible with surrounding land uses. 10. Consistency with Master Plan. The PUD is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Master Plan. 11. Phasing. A phasing plan is not required for this PUD Amendment. 12. Common Recreation and Open Space. It has previously been determined that the development does comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect common recreation and open space within the PUD with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. 13. Natural Resource Protection. It has previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD amendment will not adversely affect natural resources. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: 1. Consistent with Master Plan. The PUD is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The 3 proposed PUD Amendment will not adversely affect the consistency with the Master Plan. 2. Consistent with Land Use Regulations. It has previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The PUD amendment will continue to be consistent with the Land Use Regulations. 3. Spatial Pattern Shall Be Efficient. It has previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment does not adversely affect the spatial pattems in the area. 4. Suitability for Development. It has previously been determined that the site was suitable for development. 5. Compatible With Surrounding Uses. It has previously been determined that the development is compatible with other development in the area. The proposed PUD Amendment will not adversely affect the compatibility of the resulting development with surrounding uses within the PUD. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminary Plan for PUD: 1. The proposed PUD Amendment (1) is consistent with the efficient development and preservation of the entire Planned Unit Development, and (2) does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and (3) is not granted solely to confer a special benefit upon any person. Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation: 1. Applicant has submitted a PUD Guide which incorporates the necessary revisions to effect the proposed PUD Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 4 THAT, the application submitted by Eagle County, for amendment of the Berry Creek Miller Ranch Planned Unit Development be and is hereby granted with the following condition: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and dated November 18, 2004, and attached hereto as Exhibit "A"; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of 2005, nunc pro tunc to the 4th day of January 2005. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OUNTY COMMISSIONERS \ Clerk to the Board of County Commissioners Tom C. Stone Commissioner 5 Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi Commissioner Peter F. Runyon Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6 Exhibit "A" BERRY CREEK/MILLER RANCH PUD GUIDE AND LAND USE RESTRICTIONS November 18, 2004 A. Purpose This PUD Guide Plan, as originally approved on February 5, 2002, sets forth the land uses and development standards for the Berry Creek/Miller Ranch PUD. This Guide Plan defines the permitted uses of land, densities, building height and bulk, and other development standards and regulations. The regulations found in this Guide Plan shall supersede those of the Eagle County Land Use Regulations. Where this Plan is silent the provisions of the Eagle County Land Use Regulations shall govern. This Plan is intended to further the goals of the Eagle County Master Plan and Land Use Regulations by creating development parameters to ensure this property is attractive, desirable, and suitable and to provide for adequate light, air, and access for emergency services. This PUD Guide Plan, as amended, carries forward all provisions of the original PUD Guide Plan, which remain in full force and effect except as amended herein specifically regarding the Dimensional Limitations set forth for the development of a Community Center on Tract D, the Housing Tract. B. Development Review The Preliminary Plan for Berry Creek/Miller Ranch creates large development tracts for future development activities and projects that are not yet designed or detailed. The Preliminary Plan provides for the development of Miller Ranch Road and conceptually shows where access to this road may occur from individual tracts. Since building designs, landscaping, and parking areas are not yet developed for these tracts; this section shall establish the review process by which development applications on individual tracts will occur. The purpose of this review process is to ensure that development occurring on each of the tracts is consistent with the vision of the overall PUD and Preliminary Plan. 1. School District Tracts B, E, F, G and H. The proposed development of such tracts shall be reviewed in accordance with applicable sections of the Colorado Revised Statutes. Statutory provisions require the School District to submit a site development plan to the Planning Commission prior to construction of any structure or building. In addition to the type of information and level of detail provided as part of the site development plan required by Berry Creek/Miller Ranch 1 PUD Guide Statute, the School District will provide engineering detail for those elements of the site design which have potential off-site impacts, such as drainage and points of access to public roads sufficient to enable the County Engineer to review and provide recommendations to the Planning Commission. 2. Recreation Tract C, Open Space Tracts I and J. Prior to approval of any development activities or the issuance of a building permit on Tracts C, I, and J, the Eagle County Planning Commission shall review and make a recommendation to the Board of County Commissioners on the site-specific development plan. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the site-specific development plan. In its review of the site-specific development plan, the Planning Commission shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master circulation plan, and the master drainage plan for the PUD. The Board of County Commissioners shall review and approve the site- specific development plan. After the close of the public hearing, the Board shall approve, approve with conditions, or disapprove of the site- specific development plan. In its review of the site-specific development plan, the Board shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master Circulation plan, and the master drainage plan for the PUD. A site-specific development plan shall identify the layout of buildings, roads and parking areas, trails, landscape areas and other site features, landscape irrigation, and grading and drainage improvements. The development plan shall also include architectural design information sufficient to understand building design, form, materials, and colors. The development plan should be drawn to a scale and with engineering detail sufficient to allow for adequate review by the Eagle County staff and the Eagle County Planning Commission, but not to the level of detail required for a building permit or construction documentation. 3. Housing Tract 0 A separate final plat for the housing tract, as provided in the Eagle County Land Use Regulations, will be required prior to issuance of a building permit for development within the tract. Prior to or concurrent with the Board of County Commissioner's consideration of a final plat for the Tract 0, the Eagle County Planning Commission shall review and make a recommendation to the Board of Berry Creek/Miller Ranch 2 PUD Guide County Commissioners on the site-specific development plan. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the site-specific development plan. In its review of the site-specific development plan, the Planning Commission shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master circulation plan, and the master drainage plan for the PUD. The Board of County Commissioners shall review and approve the site- specific development plan. After the close of the public hearing, the Board shall approve, approve with conditions, or disapprove of the site- specific development plan. In its review of the site-specific development plan, the Board shall consider the consistency of the plan with the approved PUD Guide, preliminary plan, master circulation plan, and the master drainage plan for the PUD. The site-specific development plan shall identify the final layout of buildings, roads, and parking areas, landscape areas and other uses, landscape irrigation, and grading and drainage improvements. The development plan shall also include conceptual architectural design information sufficient to understand building form, materials, and colors. The development plan should be drawn to a scale and with preliminary plan level of engineering and other information sufficient to allow for adequate review by the Eagle County Staff, the Eagle County Planning Commission and the Board of County Commissioners. The Eagle County Planning Commission and the Board of County Commissioners will each hold a public hearing for consideration of the site-specific development plan. This hearing shall be scheduled after notice is placed in a newspaper of general circulation in Eagle County at least 10 days prior to the date of each of the respective hearings. 4. Alternative Use - Tract A If developed as an educational facility by either the School District or Colorado Mountain College, the site-specific development review of this Tract as prescribed in Section B. 1. above, shall be utilized. If developed for any other use or by any party, the site-specific development review of this Tract as prescribed in Section B.2. above shall be utilized. Berry Creek/Miller Ranch 3 PUD Guide c. Existing Uses A number of uses, activities and improvements on the property may not conform to the allowable uses and development standards as established by this PUD Guide. Examples of these existing uses include, but are not limited to, dwelling units, equestrian uses and related facilities, livestock grazing, commercial nursery, and other uses. All uses in place at the time of adoption of this PUD Guide may continue to operate and expand on the property. Nothing in this PUD Guide shall be intended to discourage or prohibit the continuation of these existing uses. D. Land Uses and Development Standards The following allowable uses, densities, dimensional limitations and other development standards shall apply to tracts within the BC/MR PUD: 1. Tract A - Alternative Use Purpose: To provide sites for collegiate facilities and other related educational, learning and Jraining facilities and campuses. Permitted Uses: Colleges Customary college campus facilities Dormitories Learning centers and classrooms Libraries Community facilities and centers Senior centers Office/administrative buildings Childcare facilities Transit/Park-n-ride facilities Recreation facilities Trails Other educational or educational related uses or other uses accessory to or customarily incidental to the operation of schools and colleges. Dimensional Limitations: Minimum Lot Area: No Limitation Minimum Setbacks: 20' from perimeter lot lines Maximum Lot Coverage: Buildings: 50% of entire tract A/llmpervious Mat.: 80% of entire tract Maximum Floor Area: No Limitation Berry Creek/Miller Ranch 4 PUD Guide Building Height: 45' Parking: The number and design of on-site parking shall be established during the review of site-specific development proposals. 2. Tract C - Recreation Purpose: To provide sites for indoor and outdoor recreation, including active and passive recreation areas, parking facilities, and other community-oriented facilities. Permitted Uses: Sports Fields Gymnasiums Recreation Centers Community Centers, including senior centers Ball fields and hard court areas Skate parks Parks and playgrounds Picnic areas Trails Childcare Facilities Transit /Park-n-Ride Facilities Education and Arts Facilities Indoor and Outdoor Swimming Pool Facilities Indoor and Outdoor Ice/Hockey Rinks Other similar indoor and outdoor recreation facilities Other public/quasi-public facilities compatible with other existing and proposed uses Utility Facilities Dimensional Limitations: Minimum Lot Area: No Limitation Minimum Setbacks: 20' from perimeter lot lines Maximum Lot Coverage: < Buildings: 50% of entire tract All Impervious Mat.: 80% of entire tract Maximum Floor Area: No Limitation Building Height: 45' Berry Creek/Miller Ranch 5 PUD Guide Parking: The number and design of on-site parking shall be established during the review of site-specific development proposals. 3. Tracts B, E, F, G, and H-School Facilities Purpose: To provide sites for schools and other education related facilities along with other accessory uses customarily related to school facilities. Permitted Uses: High Schools Elementary Schools Middle Schools Learning Centers College Facilities Recreation Facilities Trails Child care facilities Transit jPark-n-Ride facilities Other educational related facilities or uses as the School District determines appropriate and as may be permissible within the provisions of Colorado State Statutes relative to the operation of school districts. Dimensional Limitations: There are no dimensional limitations on school district tracts. Additional dimensional limitations for development on this site may be established during the review of a site-specific development plan. Given the unique nature of the community uses envisioned, maximum flexibility with dimensional limitations shall be afforded without compromising light air, and fire department access. Parking: The number and design of on-site parking shall be established during the review of site-specific development proposals. Berry Creek/Miller Ranch 6 PUD Guide 4. Tract D - Housing Purpose: To provide sites for the development of residential dwelling units and employee dwelling units at a variety of densities and in a variety of potential configurations. Permitted Uses: Single-Family Residential Dwelling Units Two-Family Residential Dwelling Units Townhomes Multiple-Family Residential Dwelling Units Seasonal Employee Housing Units Garages and carports Childcare facilities Community facilities and centers Churches Parks and recreation facilities Transit facilities Temporary real estate sales office Accessory uses compatible with and appurtenant to permitted uses Density: Overall residential density for Tract D shall not exceed 10 dwelling units per acre. Dimensional Limitations: MIN. SETBACKS LAND USE LOT % LOT MAX AREA / COVERAGE HEIGHT SIDE on UNIT FRONT Int. SIDE STREET REAR PORCH SinQle Family Detached 3400 50% 35' 10' 5' / 0' * 5' 4' 5' Corner Duplexes 2000 50% 35' 10' 5' / 0' * 5' 4' 5' Row Houses 1800 75% 35' 8' 0' or 5' 5' 4' 3' Lofts (multi-family} N/A 40% 45' 12' 10' 10' 4' 5' Community Facility N/A 50% 35' 20' 15' /0'** 20' 10' 10' *Zero (0') setback applies only to garages. **Zero (0') interior side setback applies only to fences and playground related structures. Berry Creek/Miller Ranch 7 PUD Guide Parking: Given the unique nature of the proposed affordable housing development and the neo- traditional/new urbanism design approach, parking will be provided in a variety of configurations and locations. The overall parking requirement (pursuant to Table 4-120 of the County Development Standards) for this tract will be provided by a combination of on-site parking (surface and within garages), as well as off-site parking along designated roadways. The total number of spaces to be provided and the design and location of said spaces will be determined during the development review process as outlined in Section B. 3. of this Guide. 5. Open Space - Tracts I and J Purpose: To provide sites for limited, passive recreation uses and activities that preserve and protect the environmental characteristics of open space areas. Open space areas are intended to remain in a predominantly natural condition. Permitted Uses: Trails Trailhead parking Roads and related improvements River access and fishing facilities Environmental education activities Shelters, gazebos, and river overlooks Utility facilities Drainage facilities Irrigation ditches, head gates, pumping and related facilities Dimensional Limitations: The dimensional limitations for development on this site shall be established during the review of a site-specific development plan. Given the unique nature of the community uses envisioned, maximum flexibility with dimensional limitations shall be afforded without compromising light, air, and fire department access. Berry Creek/Miller Ranch 8 PUD Guide E. Design Guidelines 1. Purpose and Intent Development within BC/MR will be initiated by a variety of different entities and will accommodate a variety of different uses, buildings and facilities. In order to provide a framework to guide the design and development of such improvements and to establish a degree of continuity and consistency in the built environment throughout the property, design guidelines for Berry Creek/Miller Ranch will be established. It is not the intention of these Guidelines to require all buildings to look the same or to utilize the same materials. Rather, the purpose of these Guidelines will be to encourage a harmony in the architecture and landscape design throughout the PUD. Further, the Guidelines will establish a process for the review of all improvements and a minimum set of design standards that will be applied to all future improvements. 2. Establishment of Guidelines and Design Review Committee Prior to the issuance of a building permit or other permit that may be required for the construction of any new building or structure, a design review committee (DRC) shall be established and a comprehensive set of design guidelines shall be adopted by said committee. The DRC shall consist of five (5) members as appointed by the School District and Eagle County. Two (2) members shall be representatives appointed by the School District, two (2) representatives shall be appointed by the County, and one member shall be a citizen of the Edwards area appointed jointly by the District and the County. The DRC shall be provided staff support as deemed necessary. The DRC shall be responsible for adopting design guidelines for BC/MR, for reviewing development applications proposed within the PUD, and for other tasks as may be outlined in the Design Guidelines. 3. Contents of Design Guidelines The following is a general indication of the type and extent of design considerations to be addressed by the Design Guidelines: Site Planning Considerations . Relationship between buildings and between buildings and parking areas, open spaces, etc. . Design/arrangement of parking areas, loading areas, etc. Berry Creek/Miller Ranch 9 PUD Guide . Building orientation to adjoining streets, trails, etc. . Pedestrian connections/linkages between uses . Public spaces Landscape Design Considerations . Treatment of public spaces . Features to highlight/define entries . Features to provide screening/buffers . Features to define spaces . Plant materials, sizes, quantities, etc. . Walls and fencing . Lighting . Signage Architectural Considerations . Architectural style . Building massing/roof heights . Building materials . Offsets/reveals/projections/ etc. . Building entries . Facades/fenestration . Architectural details F. Wildlife Mitigation In order to minimize the impact of development within Berry Creek/Miller Ranch, the following measures shall be implemented: l. There shall be no outdoor storage of trash or garbage unless such storage is within a "bear-proof" container as certified by the North American Bear Society, the National Park Service or the Colorado Division of Wildlife. 2. All construction sites shall utilize bear-proof trash receptacles for any refuse associated with food or drink. 3. Outside feeding of pets shall be prohibited. 4. With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife shall be prohibited. 5. Within Open Space Tracts I and J, dogs shall be kept on a leash at all times. Berry Creek/Miller Ranch 10 PUD Guide G. Open Space Management Tracts I and J have been designated Open Space in part due to the visual quality and environmental sensitivity of this portion of the Berry Creek/Miller Ranch PUD. The purpose of this land use designation is to protect and preserve the environmental characteristics of this portion of the PUD while allowing for limited passive recreation use. In order to ensure proper management and maintenance of these tracts, an open space management plan shall be prepared and approved by the Eagle County Board of County Commissioners. Said plan shall address, but not be limited to the following: . Establishing parameters for the use, location and design of any trail or trail system that may be developed within Tracts I and J, . Seasonal closures as may be necessary to minimize impacts on wildlife, . The use, location and design of any vehicular parking areas, . Dog control, . Vegetation control, and . Fishing regulations, re: river access, etc. It is anticipated that upon approval of a final plat for Berry Creek/Miller Ranch, the ownership of Tracts I and J will be conveyed to Eagle County. An open space management plan as generally described above shall be in place prior to or concurrent with approval of the final plat for Berry Creek/Miller Ranch. H. Illumination The purpose of this section is to establish standards for controlling illumination to prevent intense glare or direct illumination that could create a nuisance, detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. Parking lot lighting, street lighting and architectural lighting shall utilize "concealed source" light fixtures. Such fixtures shall be designed and located so as to not cast glare directly onto adjacent properties. The use of Low Pressure Sodium lamps is encouraged. Streetlights and parking lot lights are encouraged to be no more than 20' off the ground. The design and location of any lighting proposed for outdoor athletic fields and related recreation facilities shall be considered during the development review of individual development tracts in accordance with Section B. above. Berry Creek/Miller Ranch 11 PUD Guide I. Noise, Odor and Air Quality All recreation and education uses within Berry Creek/Miller Ranch shall conform to noise and vibration standards as prescribed by section 4.520 Noise and Vibration Standards of the Eagle County Land Use Regulations. The installation or use of wood burning devices (fireplaces, stoves) within the PUD is prohibited. J. Signs All signs shall conform to the Eagle County Sign Standards as prescribed by the Land Use Regulations, provided, however, that the following signs shall be permitted: 1. Up to three (3) ground mounted project-entry signs along Miller Ranch Road shall be permitted. Such signs shall be a maximum of thirty-two (32) square feet in size and eight (8) feet in height. 2. One ground mounted project-entry sign for each vehicular entry point shall be permitted for each individual development tract. Such signs shall be a maximum of thirty-two (32) square feet in size and eight (8) feet in height. 3. Individual non-residential buildings shall be permitted one wall sign of up to twenty (20) square feet for each major entry. Notwithstanding the above, at the owner's discretion the owner's of Berry Creek/Miller Ranch may submit a comprehensive sign plan for review by Eagle County. Upon approval, this plan shall control and regulate all signs within the PUD. Berry Creek/Miller Ranch 12 PUD Guide