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HomeMy WebLinkAboutR05-021 Amendment to the Mt. Sopris Tree Farm PUD file no. PDA-00055 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - } A RESOLUTION APPROVING AN AMENDMENT TO THE MT. SOPRIS TREE FARM PLANNED UNIT DEVELOPMENT Eagle County File No. PDA-00055 WHEREAS, on or about September 21, 2004, the County of Eagle, State of Colorado, accepted for filing an application submitted by Crown Mountain Park and Recreation District (hereinafter "Applicant") for amendment of the Mt. Sopris Tree Farm Planned Unit Development located in unincorporated Eagle County (hereinafter the "PUD"), Eagle County File No. PDA- 00055; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the Mt. Sopris Tree Farm PUD Preliminary Plan to revise the location and design of the recreation and park features and amenities from those approved in the site plan as part of the PUD Preliminary Plan. In addition to the features and amenities shown on the currently approved site plan, the revised design also includes a larger surface-level water feature (series of connected ponds), use of an existing storage building for Crown Mountain Park and Recreation District equipment and materials, and three horseshoe pits. 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 Roaring Fork Valley Regional 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 16, 2004, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended conditional approval of the proposed PUD Amendment; and 1 WHEREAS, at its public meetings of January 4, February 1 and February 8, 2005, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Roaring Fork Valley Regional 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 (l) 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 those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 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. The off-street parking and loading provided in the revised PUD does comply with the standards of Article 4, Division I, Off-Street Parking and Loading Standards. 5. Landscaping. Landscaping provided in the approved PUD Preliminary Plan has been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. 6. Signs. The Applicant has submitted a comprehensive sign plan for the PUD which is suitable for the PUD and does provide the minimum sign area necessary to direct users to and within the PUD. 2 7. Adequate Facilities. With the conditions of approval, it has been demonstrated that the development proposed in the PUD Sketch/Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, 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. With the conditions of approval, it has been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) safe, efficient access, (b) internal pathways, (c) emergency vehicles, (d) principal access points, and (e) snow storage. 9. Compatibility With Surrounding Land Uses. The development proposed for the PUD has been determined to be compatible with the character of surrounding land uses. The proposed PUD Amendment will continue to be compatible with the character of 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. II. Phasing. A phasing plan has been provided 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: 3 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 proposed PUD Amendment will not adversely affect the consistency with the Master Plan. 2. Consistent with Land Use Regulations. With the conditions of approval, the Applicant has demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. 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 patterns 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 (l) 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. A PUD Guide was previously approved for this PUD. No revisions to the approved PUD Guide are necessitated by this PUD amendment. 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by the Crown Mountain Park and Recreation District for amendment of the Mt. Sopris Tree Farm Planned Unit Development be and is hereby granted with the following conditions: 1. No landscape materials shall be used which are likely to be attractive to bears, including those that produce nuts, berries and/or fruits. 2. The Crown Mountain Park and Recreation District shall implement noxious weed mitigation measures consistent with the Colorado Noxious Weed Act and the Eagle County Weed Management Plan, and to promptly develop and implement an Integrated Pest Management (IPM) program(s) for any pest species determined by the Eagle County Weed and Pest Coordinator to adversely affect or potentially affect human health and safety or be detrimental to the site use objectives (e.g., Wyoming ground squirrels, mosquitoes). 3. The composition of the seed mix, by species, for the proposed "native grass" areas shall be provided to the Eagle County Weed and Pest Coordinator prior to making any landscape improvements on the site. 4. Prior to any construction other than overlot grading and associated drainage improvements, the Applicant shall provide complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. 5. Prior to installing any lighting, the Applicant shall demonstrate that all proposed lighting conforms to Section D., Illumination Standards, of the Mt. Sopris Tree Farm Planned Unit Development Guide dated March 27,2001. 6. Prior to issuance of the initial grading permit or building permit the Applicant shall execute an agreement acceptable to the County Attorney and County Engineer setting forth the plan, method and parties responsible for completion of any required public improvements in accordance with design and time specifications. Further, the Applicant shall post security in the form acceptable to the County Attorney to cover 100% of road improvements prior to commencement of such road improvements. 7. Within six months of approval of this PUD Amendment, the Applicant shall develop a comprehensive set of park rules which are satisfactory to the County Attorney. 5 8. The construction plans for any improvements which have not previously been approved by the County Engineer shall be subject to review and approval by the County Engineer prior to issuance of a building permit or grading permit for those improvements. 9. An alternative layout of the proposed ponds may be approved by the County Attorney and the County Engineer. 10. The District shall not undertake any improvement nor implement any activity that is contrary to the Wildlife Management and Enhancement Program which is part of the Wildlife Analysis Report dated October 16,2000, and recorded at Reception No. 754139. 11. It shall be demonstrated to the satisfaction of the County Attorney, with input from the County's special water counsel, that prior to installation of any irrigation system the Crown Mountain Park and Recreation District has sufficient sources of irrigation water necessary to serve the Crown Mountain Park and Recreation District improvements and leased property consistent with existing and future obligations between Eagle County and the US Forest Service and Mid Valley Metropolitan District as well as existing agreements between Eagle County and Crown Mountain Park and Recreation District. 12. It shall be demonstrated to the satisfaction of the County Engineer prior to construction of any pond or ponds other than the initial detention pond that complete engineering and construction drawings and other engineering detail for the pond(s) have been provided and an appropriate pond management plan addressing issues such as algae growth has been developed and will be properly implemented. 13. It shall be demonstrated to the satisfaction of the County Engineer prior to any construction other than overlot grading and associated drainage improvements that the issues set forth in the letter from the Northwest Colorado Council of Governments dated November 12,2004, have been or will be adequately satisfied. 14. It shall be demonstrated to the satisfaction of the County Engineer that all of the conditions set forth by the Mid Valley Metropolitan District in its letter dated November 19, 2004, have been or will be duly satisfied. 15. Crown Mountain Park and Recreation District shall enter into a revised or amended lease agreement with Eagle County. 6 16. Crown Mountain Park and Recreation District shall make best faith efforts to add Eagle County as an additional insured party to the performance bond for the Applicant's general contractor. 17. If the event that there are any conflicts between the requirements of the Northwest Colorado Council of Governments as noted in Condition No. 13 and the provisions of Condition No. 12, Condition No. 12 shall control. 18. 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 Site Plan dated August 23,2004, and most recently revised on January 14, 2005, 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 th - 2005, nunc pro tunc to the 8 day of February 2005. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: OF TY COMMISSIONERS Commissioner Tom C. Stone 7 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. 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