HomeMy WebLinkAboutR05-032 Fox Hollow PUD File No. 1041-0059
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005-
ACKNOWLEDGING A FINDING OF NO SIGNIFICANT IMP ACT (FONSI)
FOR THE CONSTRUCTION OF A MAJOR EXTENSION OF AN EXISTING
DOMESTIC WATER SYSTEM AND THE EFFICIENT UTILIZATION
OF A MUNICIPAL WATER PROJECT FOR THE
FOX HOLLOW PLANNED UNIT DEVELOPMENT
IN THE COMMUNITY OF EDWARDS, COLORADO
File Number 1041-0059
WHEREAS, on or about November 22,2004, Robert LeVine and Evelyn Pinney,
(hereinafter "Applicants"), proposed to the Eagle County Department of Community
Development at a pre-application meeting, a project for a Major Extension of an Existing
Domestic Water Treatment System to serve the Fox Hollow Planned Unit Development,
hereinafter referred to as Fox Hollow; and
WHEREAS, the Applicant provided plans which would allow for construction as
follows:
A mixed-use planned unit development situated on a 5.2 acre site in west Edwards that
will include 26 residential units and 20,500 square feet of light commercial space. The
site is a portion of the Woodland Hills Planned Unit Development. Woodland Hills,
which would have allowed 88 residential units, received Preliminary Plan approval on
July 9,2002 (File # PDP-00022). A final plat for Woodland Hills was never submitted.
A 1041 Permit for the project (file # 1041-0044) was approved by the Permit Authority
on March 26, 2002.
Under the Woodland Hills proposal, that portion ofland now proposed for
development would have accommodated 48 single family units. Using
conversion factors supplied by Eagle River Water and Sanitation, the total water
and sewer demand for Fox Hollow will be just 38 single family equivalents, 10
less than the demand previously approved for the site.
In this context, no development over and above what has already been approved for
this site will occur. Water and sewer service will be provided by Eagle River Water and
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Sanitation. All costs for the project will be paid for by the developer. Eagle County
standards for access, parking, landscaping and stormwater management will be met by
plans being submitted by the applicant for Preliminary Plan approval.
SEE EXHIBIT "A", Preliminary Plat for Fox Hollow PUD, and
WHEREAS, in accordance with Section 6.03.01 of the Eagle County Land Use
Regulations, an Applicant is required to obtain a Finding of No Significant Impact (FaNSI) or a
Permit prior to engaging in development in an area or an activity that has been determined to be
of State interest; and
WHEREAS, in accordance with Sections 6.03.03(1) and 6.04 of the Eagle County Land
Use Regulations, the Director of Community Development (hereinafter "Director"), has
reviewed the Applicant's proposal, and all relevant support materials, and, having considered
applicable Permit Application Approval Criteria, has determined that the construction of the
proposed project, without mitigation, is unlikely to have any significant adverse impact to the
County (see Determination of a Finding of No Significant Impact, ATTACHED AS EXHIBIT
"B"); and
WHEREAS, notice of the Director's Determination of a Finding of No Significant
Impact (FaNSI) was given to all proper agencies, departments and the County's legal newspaper
as required by Section 6.03.03(3) of Eagle County's Land Use Regulations; and
WHEREAS, in accordance with Section 6.03.03(4)(a) of Eagle County's Land Use
Regulations, the 14 day period during which a Request for Reconsideration of the Director's
Determination of a Finding of No Significant Impact (FaNSI), by the Board of County
Commissioners or any affected party, elapsed on March 3rd, 2005; and
WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver
Provision of the Eagle County Land Use Regulations, the Applicant also requested a waiver
from the requirement for a Special Use Permit by the Board of County Commissioners, as such
application for Special Use would serve no further legitimate planning, zoning or other land use
objective.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, a Finding of No Significant Impact (FONSI) for the Fox Hollow PUD has been
granted by the Director of Community Development.
THAT, the Board of County Commissioners hereby directs the Department of
Community Development to provide a copy ofthis Resolution to the Applicant.
THAT, the Applicant's request for waiver of the Special Use Permit requirements in
accordance with Section 3-310.1.2 of the Eagle County Land Use regulations is hereby granted.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the .;,{ci day
2005.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
.
C;j;1TEST
" ~
Clerk to the Board of
County Commissioners
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.
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EXHIBIT 'B'
DETERMINATION
OF A FINDING OF NO SIGNIFICANT IMPACT
(FONSI)
Regarding Guidelines and Regulations for Matters of State Interest, and more specifically
pursuant to Section 6.03.01 of Eagle County's Land Use Regulations, an Applicant is required to
obtain a Finding of No Significant Impact (FONSI) or a Permit prior to engaging in development
in an area or an activity that has been designated of state interest. The Director may determine
that a Finding of No Significant Impact should be issued if the construction or operation of the
proposed project requires no mitigation in its anticipated location, and is unlikely to have any
significant adverse impact to the County given consideration of the Permit Application Approval
Criteria as delineated in Section 6.04 ofthe Eagle County Land Use Regulations.
FILE NO. / NAME: 1041-0059/ Fox Hollow Planned Unit Development
APPLICANT: Robert LeVine and Evelyn Pinney
PLANNER: Cliff Simonton
PRE-APPLICATION MEETING PROCESS INITIATED ON: November 22, 2004
DATE OF THIS REPORT: February 4, 2005
PROJECT DESCRIPTION:
Property owners Robert LeVine and Evelyn Pinney propose to develop a 5.2 acre site in west
Edwards that will include 26 residential units and 20,500 square feet of light commercial space.
The site is a portion of the Woodland Hills Planned Unit Development. Woodland Hills, which
would have allowed 88 residential units, received Preliminary Plan approval on July 9, 2002
(File # PDP-00022) but the owner subsequently defaulted on the purchase agreement for the
property. A final plat for Woodland Hills was never submitted. A 1041 Permit for the project
(file # 1041-0044) was approved by the Permit Authority on March 26, 2002.
Under the Woodland Hills proposal, that portion of land now proposed for development would
have accommodated 48 single family units. Using conversion factors supplied by Eagle River
Water and Sanitation, the applicant has provided that total water and sewer demandfor Fox
Hollow will be just 38 single family equivalents, 10 less than the demand previously approved
for the site.
In this context, no development over and above what has already been approved for this site
will occur. Water and sewer service will be provided by Eagle River Water and Sanitation. All
costs for the project will be paid for by the developer. Eagle County standards for access,
parking, landscaping and storm water management will be met by plans being submitted by the
applicant for Preliminary Plan approval.
. ,
,
,
As such, given the original approvals on this site, and in order to streamline the approval
processfor Fox Hollow, it is suggested that a FONSI (Finding of No Significant Impact) be
made regarding a new 1041 application.
FEES TO DETERMINE WHETHER A FONSI IS REQUIRED:
It has been estimated that the cost to cover the evaluation of file 1041-0059 for the purpose of
determining whether a FONSI can be made will be $1224.00 as detailed below:
Staff/administrative time of 16 hrs x $76.50/hr = $1224.00
Should a determination ofFONSI be made, said fee will be due and payable prior to the
execution of a resolution granting permission to proceed with the proiect.
Paid on 4-1 Cl yfir1 ) (j I 2tflS Receipt # /3 005 ~ by kn'9hf Rann/~
REFERRALS / REFERRAL RESPONSES:
Pursuant to Section 6.03.02, Pre-application Procedure, and the approval criteria listed in
Section 6.04, Approval Criteria and Financial Assurance, the Applicant has provided written
testimony (attached) to support their assertion that a FONSI should be granted. Reference
Section 6.03, referrals ofthe application are not required, and based on the nature and scope of
the work proposed, no referrals were deemed necessary for this proposal.
STAFF RECOMMENDATION:
Based on a review of the pre-application submittals and the information obtained at the pre-
application meeting, Staff HAS found that the construction and/or operation of the proposed
project will require no significant mitigations over and above those that have already been
proposed and accepted as adequate by the Permit Authority for development on the subject
property, and that in its proposed location, the project is unlikely to have any significant adverse
impact to the County. Staff recommends, therefore, that a Finding of No Significant Impact
should be issued.
DETERMINATION BY THE DIRECTOR OF COMMUNITY DEVELOPMENT
Pursuant to Section 6.03.03(1), and based on the review ofthe application, relevant support
materials and the recommendation of Staff, I have determined a Finding of No Significant
Impact (FONSI) should be issued for File 1041-0059. Upon completion of the public notice
process, and once the 14 day reconsideration period has elapsed without receipt of a request for
call-up, Staff will proceed, at my direction, to draft a resolution for the Board's signature
indicating a Finding of No Significant Impact.
?/~ /os
eith Montag, Director, , ,
Date
Eagle County Community D
,
RECONSIDERATION OF DIRECTOR'S DETERMINATION: (to be completed upon the
Director's approval)
Within 14 days following the publication of the Director's Determination ofa FONSI, the Board
may decide to reconsider, or "call-up", the Determination. Within the same 14 days ofthe date
of publication, any affected party may also seek Reconsideration through a written request to the
Board.
If a "call-up" occurs, Reconsideration of the Director's Determination of a FONSI shall be made
at the next regularly scheduled meeting of the Board for which proper notice can be made.
The period during which Reconsideration can be requested shall be 14 days from
'ft!,,~ {-=r / ~, which will be the first day of publication, and shall terminate
on ";.1 ~
EXHIBIT 'A'
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FOX HOLLOW & EDWARDS DESIGN AND CRAFT CENTER 1I1~~
PLANNED UNIT DEVELOPMENT I ~ i'
EDWARDS, EAGLE COUNTY, COLORADO , j i .
COMPREHENS1VE SITE DEVELOPMENT PLAN n~!
Note: Drawing may vary slightly from final, approved plans