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HomeMy WebLinkAboutR05-033 Edwards Design and Craft Center PUD File No. 1041-0061 111111111111111111111111111111111111111111 ~?;~m"" T."J.i.o"'bn,.gJa,GO '70 R0_00 00,00 Commissioner ,____. Sr Z\ N ~ ____ _____~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- 33 " if.)-..-" , ACKNOWLEDGING A FINDING OF NO SIGNIFICANT IMPACT (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 EDWARDS DESIGN AND CRAFT CENTER PLANNED UNIT DEVELOPMENT IN THE COMMUNITY OF EDWARDS, COLORADO File Number 1041-0061 WHEREAS, on or about November 24, 2004, Phil Woodward, Woodward Development LLC, (hereinafter "Applicant"), proposed to the Eagle Connty Department ofCommunily Development at a pre--application meeting, a project for a Major Extension of an Existing Domestic Water Treatment Sy~tem to serve the Edwards Design and Craft Center PUD, hereinafter referred to as the Edwards Design and Craft Center; and WHEREAS, the Applicant provided plans which would allow for construction as follows: A mixed-use planned unit development situated on a 3.6 acre site in west Edwards that will consist of five (5) buildings that will be condominiumized for light industri aland commercial uses primarily associated with the construction indUStry. The total square footage of the buildings will be 49,500 square feel. 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 Penult 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 40 single family units. Using conversion factors supplied by Eagle River Water and Sanitation, the total water and sewer demand for the Edwards Design and Craft Center will be just 33 single family equivalents, 7 less than the demand previously approved for the site, I I I Water and sewet' service wlll be provided by Eagle Rivet' Water and Sanitation. In the context of water usage, no development over and above what has already been approved for tbis site wiD o~eur, Tbe nSell proposed, bowever, are differeDt from tbe residential Well that were originally approved. Staff has studied these uses, and has noted that the PUD Guide proposed for approval with the Preliminary Plan for this development requires a Special Use Permit, approved by the Board of County Commissioners, for uses (specifically listed) that might result in negative impacts. Eagle County standards for site development, including access, parking, landscaping and stormwater management will be met by Preliminary Plan documents. As such, and in keeping with the intent of simplifying the 1041 approval process for this proposal given the original 1041 approvals on this site, it has been determined that all potential impacts will be adequately addressed. SEE EXHIBIT "A", Preliminary Plat for Fox Hollow PUD; and, WHEREAS, in accordance with Section 6.QJ.OI of1he Eagle County Land Use Regulations, an Applicant is required to obtain a Finding of No Significant lmpact (PONSI) or a Permit prior to engaging in development in an area or an activity that has been detennined to be of State interest; and WHEREAS, in accordance with Sections 6.QJ.OJ(J) 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 im pact to the County (see Determination of a Findinll: of No Sillnlficant Imoact, ATTACHED AS EXHIBIT "C");and WHEREAS, notice of the Director's Detennlnation of a Finding of No Significam Impact (FONSI) 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 Detennination ofa Finding of No Significant Impact (FONSI), by the Board of County Commissioners or any affected party, elapsed on March 3'", 2005; and WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.I.2, Waiver Provi$ion of the Eagle COlUlty Land Use Regulations, the Applicant also requested a waiver from the requirement for a Special Use Pennit 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: 2 THAT, a Finding of No Significant Impact (FONSI) for the El JebeJ Mobile Home Park Water Tank Restoration Project has been granted by the Director of Community Development. TIIAT, the Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Applicant's request for waiver of the Special Use Permit requirements in accordance with Section 3~310.L2 of the Eagle County Land Use regulations is hereby granted. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County ofEagie, State of Colorado, at its regular meeting held the ~ day ofll-14Rc(t 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS --rST ~ . ~~ By,W] .~y,_ ' Teal<J.Simonton I Clerk to the Board of County Commissioners .. ;;M~- Tom . Stone, Commissioner Commissioner (( Lj N'/ollj seconded adoption of the foregoing resolution. The roll having been called, tbe vote was as follows: 3 Commissioner, Am M. Menconi "i, Commissioner, Peter F. RIUlYOn A'1~ Commissioner, Tom C. Stone A'J'i: This Resolution passed by "'-() vote of the Board of County Commissioners of the COlUlty of Eagle, State of Colorado. 4 I t , , -0 CO I ro:::> I co.. C> /-------------- .- .... . 00 Q) . / Q) ..- 0 c Q) ooU "E4:: I ro ro , ~ .... ~ <( -oU - UJ , I I- , , - I In - J: >< W --- , , I ~ , , L-____________________________________________________________ I , I I , , ,- . I ,:.;:;' - n>.""~r1. r--"; ~mMm . , _ z I , I I I ~1-=' . .:::-:Z~"'l " . " () ~ o 0 '" X z ""0 5 o ;0 r it m .- .. :r 0 o m ::E ! Z." i' ~ Ji~ . "' !~'" -< ::j 'jig ~ m ~"O <is' 0 m g m Cfl ~ <' ~~ ~ i!! I!> -- -- , 0 ~Z ' ~ " g ~__".= - I . '" ~ ~._""'__~ N ~ !l1 ~ ,-- ~-~y < -; ~ ,~- ~" n ~ s: ~ '" Z m ---- ,'" n_n_ --~_._--- 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 fJnpact (FONS!) or a Pennit 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 00 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 oflbe Eagle County Land Use Regulations. FILE NO.1 NAME: 1041-00611 Edwards Design and Craft Center Planned Unit DeVelopment APPLICANT: PbilWoodward PLANNER: CUll' Simonton PRE.APPLICATION MEETING PROCESS INITIATED ON: November 22, 2004 DATE OF THIS REPORT: Febmary4. 200S PROJECT DESCRIPTION: Mr. Woodward proposes to develop a 3.6 acre site in west Edwards that will consist of5 buildings that will be condominlumized for light iJldustr/al and commercial uses primarily associated with the cOMtruction industry. Total squarefoutage will be 49,500. The site is a portion of the WoodlWld Hills Planned Unit Development. Woodland Hills, which would have allowed 8$ resi,untial units, received Preliminary Plan appruvalon July 9, 2002 (File # PDP- 00022) but the owner subsequently defaulted on the purchase agreementfor the property. A final platfor Wocdland Hills was never submitted. A 1041 Permitfor the project (file # 1041- 0044) was approved by the Permit Authority on March 26, 2002. Under the Woodland Hill$ proposal, toot portion afland now proposedfor development would have accommodated 40 sittglefamily units. Using conversionfoctors supplied by Eagle River Water and Sanitation, the applicant has provided that total water and sewer demand for the Edwards Design and Craft Center will bejust 33 singlefamily equivalent$, 7 less than the demand previously approved for the site. Water and sewer service will he provided by Eagle River Water and Sanitation. In the COntext of water usage, n(1 develtJpment aver and above wllat Iuu already been IIppl'Oved for tills $/te wm -~--~---..- =-. The IIses proposed, hOWfller, tue tlifferellt fro", the resi4elltill/ usa thm were origJnIl/ly approved. StaffhU$ studied these uses, and has noted that the PUD Guide proposed for approval with the Preliminary Planfor this development requires a Special Use Permit, approved by the Board of County CommissionersJor uses (lipedfically listed) that might result in negative impacts. Eagle County standarti.o; for site d(!J/(tlopmenr, including access, parking, iandscaping and stormwater management will be met by Preliminary Plan documents. As s~h, and in keeping with the intent of simpiifying the 1041 approval process for this proposai given the original 1041 approvals on this site, it has been determined that all potential impacts will be adequately addressed. FEES TO DETERMINE WHETHER A FONSI IS REOUlRED; It has been estimated that the cost to cover the evaluation of file 1041-0061 for the purpose of determining whether a FONSI can be made will he :lJ224.00 as detailed below; StajJ7administrative time of 16 hrs x $76,501hr '" $1224.00 Shoul~ a detemJinati~n ofFO~SI be m~~, said fee will b~ du; and :~Ie Drier to the executIonofare:sohrtlOnlltantInl!PemJlSSlontoproceedWlth eDro . PaidonA,fa>1!l1fl/.2n'y:, Receipt# /'3tXJ59 by kn''Jl1f, P/anm, . REFERRALS I REFERRAL RESPONSES: Pursllllllt to Section 6.03.02,pre-.aDDlicationp=ure. and the approval criteria listed in Section 6.04, ADDroval Criteria and Financial ance, the AppliCant has provided written testimony (attached) to support their assertion that a FONSI should be granted. Referel1ce Section 6.03, referrals oflbe application are not required, and based on the natw-e and ~ope of the work pl'OJ)05ed, ooreferraJs were deemed necessary forthis proposat. STAFFRECOMMF.NDATlON: Based on a review of the pre-application submittals and the Information obtained at the pre- application meeting, Staff IlAS faund that the construction and/or operatiOfl of the proposed project will requ~ no $/g1tijicant mitiglltion$ overfllld ulJove those that have already been proposed fllld tlCcepted as tldequaU! by the Permit Authority for development on the subject property, so long as lhe atzendflllt PUD Gllide, as $ubmittedfor thlsjile, Is approved as part of the Preliminary Plflll. Staff also finds that in Its proposed location the project is unlikely to have any significant adverse impact to the County. Staffrecommends, therefore. that a Finding of No Significant Impact should be issued. DETERMINATION BY THE DIRECTOR OF COMMUNITY DEVELOPMENT Pursuant to Section 6.03.03{t), and based 011 the review of the application, relevant support materials and the recommendation of Staff, I have determined a Finding of No Significant Impact (FONSI) 5hould be issued for File 1041-0061 . Upon completion of the public notice process, and once the 14 day reconsideration periocl has elapsed without receipt ofa requ<<t for call-up,Staffwill proceed. at my direction, to draft a resolution for the Board's signature indicating a Finding of No Significant Impact. ~~~ ..:</~.- ~eithMontag,Di=: i3ate Eagle County Co unity Development RECONSIDERATION OF DIRECTOR'S DETERMINATION: (to be completed upon the Director's approval) Within 14 da)'ll fOllowing the publication of the Director's Determination of a FONSI, the Board may decide to reconsider, or "call_up", tbe Determination. Within the same 14 days of the date of publication, any affected party may a Iso see kreconsideration through a written request lathe "'''''. Ifa "call-up" occurs, Reconsideration of the Director's Determination ofa FONSI shall be made at the next regularly scheduled meeting of the Board for which proper notice can be made. The period during wbicb Reconsideration can be requested sbaD be 14 days fcom ~~1. ~CrwlllbethefifStdaYOfPUbllcatlon,audsbaUtermlnate