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HomeMy WebLinkAboutR05-047 Approval of Vines at Vail PUD File No. PDS-00043 Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - c:tf-::J- APPRO V AL OF THE VINES AT V AIL PLANNED UNIT DEVELOPMENT SKETCH PLAN FILE NO. PDS-00043 WHEREAS, on or about November 29th, 2004, the County of Eagle, State of Colorado, accepted for filing an application submitted by KIW A Associates, LLC (hereinafter "Applicant") for approval of a Planned Unit Development Sketch Plan for the Vines at Vail Planned Unit Development, File No. PDS-00043; and, 'VHEREAS, the Applicant requested approval of a PUD Sketch Plan which would allow the to creation of a mixed use PUD on approximately 39.0 acres in Wolcott (see attached Exhibit 'A'); and WHEREAS, the applicant proposes the following uses: A working winery complete with tasting room (focal aspect of the proposal); a lodge/inn with independent suites for guests; a community pavilion; educational spaces, commercial retail and light industrial spaces including but not limited to showrooms; restaurants; arts and crafts studios; shop spaces; resort support services; etc.; conference facilities; free market residential units; employee housing units; office space; recreational; agricultural, and; landscape amenities; and, 'VHEREAS, the development will occur within several planning areas, with each area accommodating a variety of uses; and, WHEREAS, notice of the PUD Sketch Plan were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, 'VHEREAS, at its public hearing(s) held February 2nd, 2005 and March 22nd, 2005 the Eagle County Planning Commission, based upon its findings, recommended approval with Page 1 of 8 conditions, of the proposed PUD Sketch Plan; and, WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on March 29th, 2005 to consider this PUD Sketch Plan application; and, WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary Plan for PUD: (1) Unified ownership or control. The title to all land that is part of this PUD IS owned or controlled by one (1) person and/or entity. (2) Uses. The 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 either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The majority of residential uses ARE uses allowed in the Resource zone district; however, the commerciallindustrial uses ARE NOT currently permitted in the underlying zone district. With application for Preliminary Plan, the Applicant must submit an itemized list of all Variations for the Board's consideration. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified under the existing zoning; however, this finding may be found positive assuming approval of the Variations by the Board of County Commissioners at Preliminary Plan. (4) Off-Street Parking and Loading. Given the size of the subject property, it is likely that the applicant WILL be able to demonstrate that off-street parking and loading provided in the PUD CAN comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards, without a necessity for a reduction in the standards, at Preliminary Plan application. (5) Landscaping. It \VILL be demonstrated that landscaping provided in the PUD Page 2 of 8 can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Illumination standards must also be considered as part of Preliminary Plan application. (6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. The PUD guide properly references that signs shall be as allowed pursuant to the Eagle County Land Use Regulations. A Comprehensive Sign Plan is required to be submitted with the Preliminary Plan application. (7) Adequate Facilities. The Applicant HAS demonstrated that the development proposed in this Sketch Plan for PUD will be provided adequate facilities for solid waste disposal. The applicant HAS NOT clearly demonstrated that the development proposed in the Sketch Plan for PUD will have adequate facilities for potable water, sewage disposal and roads. It HAS BEEN demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. It MAYBE possible to demonstrate adequate water sewer and roads (including duel access) facilities to serve the proposed development at Preliminary Plan application. (8) Improvements. It HAS NOT 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; (e) Snow Storage; however, it MAYBE possible to demonstrate these improvements with the Preliminary Plan application.. (9) Compatibility with Surrounding Land Uses. All aspects of the development proposed for the PUD MA Y BE compatible with the character of surrounding land use. (10) Consistent with kfaster Plan. The proposed Sketch IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, primarily due to a lack of conformance with the FLUM, potential wildlife impacts, and the lack of detail regarding affordable housing. (11) Phasing. A phasing plan IS necessary for this development, and shall be included with the Preliminary Plan. (12) Common Recreation and Open Space. The PUD HAS NOT clearly demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c )Continuing use and maintenance; or (d) Organization; however, the applicant may be able to do so at Preliminary Plan. (13) Natural Resource Protection. The PUD DOES NOT demonstrate that the recommendations made by the applicable analysis documents available at the time 3 the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered in the design; however, detailed analyses still must be provided with the Preliminary Plan application. 3. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: (1) Consistency with Master Plan. The proposed Sketch IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable <- master plans, primarily due to a lack of conformance with the FLUM, potential wildlife impacts, and the lack of detail regarding affordable housing. (2) Consistency with Land Use Regulations. The Applicant MAYBE ABLE TO fully 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. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines \VILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property to be subdivided IS NOT entirely suitable for development, considering its topography, environmental resources and natural or hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 4 Housing Guidelines - On April]3, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish aframeworkfor discussion and negotiation of applicable housing criteria. The Eagle County Housing Department has deferred comments until Preliminary Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Sketch Plan for the Vines at Vail PUD, File No. PDS-00043 be, and is hereby approved with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Applicant shall review all the proposed uses for compatibility and analyze those uses for appropriateness for this development. Any use which entails the use of explosive or toxic chemicals shall not be allowed as "uses by right", but may be permitted via the Limited Review or Special Use level of review. Uses should also be analyzed for parking, loading areas, noise, water requirements, etc. ,., The buildings should utilize finish materials and colors designed to "blend" in -'. with the surrounding landscape. 4. All necessary Variations must be clearly identified in the Preliminary Plan application 5. All comments pursuant to the Engineering Memo, dated January 215\ 2005 must be adequately addressed as part of the Preliminary Plan application. Any conditions as wTitten in said memo must also be adhered to and incorporated as part of the Preliminary Plan application. 6. All comments from the Colorado Geologic Survey memo dated January 14th, 2005 must be addressed as part of the Preliminary Plan application. 7. A site specific parking and vehicular circulation plan (drawing), showing all snow storage/removal areas, emergency access routes and any turn-arounds, shall be developed and submitted as part of the Preliminary Plan application. 8. A Comprehensive Sign Plan shall be developed and submitted as part of the Preliminary Plan application. 9. A detailed landscaping plan is required to be submitted as part of the Preliminary Plan application. Landscaping should take into account any wildlife mitigation factors such as landscaping with non-palatable plant species where appropriate. S 10. A Weed Management Plan should be submitted as part of the Preliminary Plan application. 11. A detailed phasing plan shall be submitted as part of the Preliminary Plan application. 12. A pedestrian circulation plan shall be developed and submitted as part of the Preliminary Plan application. 13. A Wildlife Mitigation Plan shall be developed and submitted as part of the Preliminary Plan application. 14. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties. 15. Pursuant to the Wildfire Mitigation Specialist memo dated December 28t\ 2004, an additional emergency access is required across the gully on the eastern edge of the proposed development. One possibility for its design may include a pedestrian trail that could serve passenger cars in the event of an emergency. 16. A 1041 application must be applied for in conjunction with the Preliminary Plan application. 17. The approved water augmentation plan, approved by the Office of the State Engineer must be provided with the Preliminary Plan application 18. All the comments made by the Greater Eagle Fire Protection District pursuant to the memo dated March 15th, 2005 must be considered as part of the Preliminary Plan application. 19. Applicant shall contact the applicable fire districts to resolve any jurisdictional issues with this property. 20. Pursuant to the Environmental Health memo dated January 24t\ 2005, both a Hazardous Materials Plan and a Hazardous Materials Contingency Plan shall be submitted as part of the Preliminary Plan application. All other comments as found in this memo should be also be addressed as part of the Preliminary Plan application. 21. All open space areas shall be defined as part of the Preliminary Plan application. Areas of useable, common, private, public and on slopes of 30% or greater should be clearly identified in the submittal. 22. Applicant must provide information regarding compliance with the Eagle County Housing Guidelines. 6 ?'"' Pursuant to the Colorado Historical Society response dated December 28th, 2004, -.). the applicant shall submit an archeological/historical cultural analysis of the subject property with the application for Preliminary Plan. 24. By Preliminary Plan more definition must be made (to the application) in terms of location, type, uses, character and the architecture of buildings in Areas B and C. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Sketch Plan submitted under this application and hereby approved, does not constitute a "site specific development plan" as that phrase is defined and used in c.R.S. Section 24-68-101, et seq. THAT the Board further 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 the County of Eagle, State of Colorado, at its regular meeting held this ~ day of ~ , 2005, nunc pro tunc to the 29th day of March, 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: Clerk to the Board of County Commissioners BY: 7 Commissioner ~, seconded adoption of the foregoing resolution. The roll having been called, the vote w s as follows: Commissioner Am M. Menconi Commissioner Peter F. Runyon Commissioner Torn C. Stone This Resolution passed by ~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 8 EXHIBIT 'A' Vines at Vail PUD PDS-00043 800 0 800 1600 2400 3200 Feet T4S R83W r----_ I -,--- /),. OIl N [:V:H ((r..INTr USE OF THIS MAP SHOULD BE FOR GENERAl AND INFORMATiONAl PURPOSES ONLY. EAGLE COUNTY DOES NOT Proposed WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. Planning Areas This Area For Clerk and Recorder