Loading...
HomeMy WebLinkAboutR06-090 - approval of zone changefor Sweetwater Ranch PUD Commissioner t. moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006- Oq d APPROVAL OF A ZONE CHANGE AND COMBINED SKETCH / PRELIMINARY PLAN FOR THE SWEETWATER RANCH PLANNED UNIT DEVELOPMENT FILE NO. ZC-00082 AND PDSP-00024 WHEREAS, on or about March 6, 2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by Sweetwater Ranch, LLC c/o Mike Young (hereinafter "Applicant") to re-zone the herein described property in Eagle County from the Resource [R] Zone District to the Planned Unit Development [PUD] Zone District, File No. ZC-00082, and for approval of the Combined Sketch Plan and Preliminary Plan for the Sweetwater Ranch Planned Unit Development, Eagle County File No. PDSP-00024; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Combined Sketch and Preliminary Plan which would allow the development as follows: To subdivide the 42.15 acre property into three lots, including: 1) Lot 1 (20.776 acres) - The existing water skiing lake and ancillary uses such as ski boat storage, boat slips, changing rooms, restroom facilities and picnic area. 2) Lot 2 (16.161 acres) - Lot 2 comprises the land area surrounding the water skiing lake and encompasses an existing structure that is an ancillary residential use. This application also contemplates, on Lot 2, a residential building site for one single-family home and one accessory dwelling unit; both of which are currently allowed under the existing 'Resource' zoning., and; 3) Lot 3 (4.80 acres) - Private Open Space. The 'open space' correlates to the Eagle River, as well as portions ofthe north and south banks of the Eagle River. The applicant's desire is to separate the water skiing lake from the balance of the property, on its own lot, thereby removing liability of the ski lake from Mr. Young as the owner of the overall property and to allow private water skiing lake memberships. Page 1 of 7 WHEREAS, pursuant to Section 5-210.1, Consolidation, of the Eagle County Land Use Regulations, Sketch and Preliminary Plans may be combined and, WHEREAS, at its public hearings held on June 21, 2006 the Eagle County Planning Commission, based on its findings, recommended approval of the proposed Zone Change from Resource to PUD, and based upon its findings, also recommended approval of the proposed Combined Sketch and Preliminary Plan of the Sweetwater Ranch Planned Unit Development; 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 June 27, 2006. WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Cornmunity Developme'nt, 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: That proper publication and public notice were provided as required by law for hearings before the Planning Commission and the Board; and, Pursuant to Eagle County Land Use Regulations, Section 5-240.F.3.e. Standards for the review of a Sketch Plan and Preliminary Plan for a PUD: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is part of this PUD IS owned or controlled by one (1) entity. Uses. [Section 5-240.F.3.e (2)] The uses that may be developed in the PUD ARE those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" for the zone district designation in effect for the property at the time of the application for PUD. Dimensional Limitations. [Section 5-240.F.3.e (3)] All of the dimensional limitations defined with this PUD ARE consistent with those specified in Table 3-340, "Schedule of Dimensional Limitations", for the Resource zone district designation, Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] It HAS been demonstrated that off-street parking and loading provided in the PUD complies with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. Landscaping. [Section 5-240.F.3.e (5)] Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Page 2 of 7 Signs. [Section 5-240.F.3.e (6)] The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations or have been modified in the PUD to meet the intent of providing appropriate signage for the PUD. Adequate Facilities. [Section 5-240.F.3.e (7)] The Applicant HAS clearly demonstrated that the development as depicted in the Preliminary Plan for PUD will be provided adequate facilities for electrical supply, solid waste disposal, fire protection, schools, and police and emergency provisions; as conditioned, adequate roads will be provided as well. Improvements. [Section 5-240.F.3.e (8)] 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. (e) Snow Storage. Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development area of this PUD IS compatible with the character of surrounding land uses. Consistency with Master Plan. [Section 5-240.F.3.e (10)] As conditioned, this PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). Phasing. Section 5-240.F.3.e (11) A phasing plan IS NOT NECESSARY for this development. Common Recreation and Open Space. [Section 5-240.F.3.e (12)] The PUD HAS demonstrated that compliance with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; (d) Organization. Natural Resource Protection. [Section 5-240.F.3.e (13)] The PUD does incorporate many elements designed to protect natural resources pursuant to the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. All referral responses and studies submitted HA VE been fully considered. Page 3 of 7 Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch and Preliminary Plan for Subdivision: Consistency with Comprehensive Plan. The PUD IS consistent with the Eagle County Comprehensive Plan and the Future Land Use Map (FLUM) of the Comprehensive Plan. Consistent with Land Use Regulations. The proposed subdivision DOES comply 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. 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. Suitability for Development. The property proposed to be subdivided is suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 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. Pursuant to Eagle County Land Use Regulations, Section 5-230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District Map: Consistency with the Master Plan. [Section 5-230.D.1] The proposed zone change designation IS consistent with the purposes, goals, policies and FLUM of the Eagle County Comprehensive Plan. Compatible with surrounding uses. [Section 5-230.D.2] The development proposed for the subdivision MAYBE considered compatible with the character of surrounding land uses. Public Benefit. [Section 5-230.D.3] The proposed zone change DOES addresses a demonstrated public benefit that offsets the impacts of the proposed use by making available an alternative recreational opportunity within the County, as well as, preservation of sensitive lands adjacent to the Eagle River and a portion of the Eagle River. Change of Circumstances. [Section 5-230.DA] The proposed zone change DOES respond to a Page 4 of 7 beneficial material change that has occurred to the immediate neighborhood and to the greater Eagle County community, Adequate Infrastructure. [Section 5-230.D.5] The property subject to the proposal IS served by adequate roads, individual well water and individual sewage disposal system; however, any new individual sewage disposal systems must be designed by a Registered Professional Engineer to accomplish advanced wastewater treatment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado, in a unanimous vote: THAT, the petition of Sweetwater Ranch, LLC for a Zone Change to change from the Resource [R] Zone District to the Planned Unit Development [PUD] Zone District, File No. ZC- 00082, be and is hereby approved for the following described property located in the unincorporated area of Eagle County: See Exhibit' A' attached hereto and thereby incorporated herein by reference THA T, the application for approval of the Combined Sketch and Preliminary Plan for the Sweetwater Ranch Planned Unit Development be and is hereby approved, subiect to compliance with the following conditions. This Resolution shall serve as an agreement binding the Sweetwater Ranch Planned Unit Development to these conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. 2. Prior to recording the PUD Guide, the Eagle River setback specified in the PUD Guide should be amended as follows: "A 75 foot strip ofland or the 100 year floodplain, whichever is the greater distance, measured horizontally from the high water mark shall be protected in its natural state with the exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices may be constructed thereon". 3. Prior to recording the PUD Guide, the project identification sign, as specified in the PUD Guide, should be limited to 32 square feet per sign face and be constructed as a 'monument-style' sign versus a 'pole' sign. 4. Pursuant to the Eagle County Department of Environmental Health comments: a) The applicant is encouraged to seek inclusion to the Two Rivers Metropolitan District even though it may not be served at this time. At such time as public water and / or sewer systems are made available east of the Colorado River, all future uses upon the property must be connected. Page 5 of 7 b) Any new Individual Sewage Disposal Systems (ISDS) constructed within the PUD relative to the water skiing lake facility, single family residence or accessory dwelling unit must be designed by a Registered Professional Engineer to accomplish advanced wastewater treatment. 5. Prior to Final Plat approval, the applicant must address, to the Engineering Department's satisfaction, each of the comments set forth in its memorandum dated April 20, 2006. 6. Pursuant to CDOW recommendations: a) Riparian zones adjacent to the river must be protected; b) Privacy fencing should be limited to five feet in height. The PUD Guide shall be amended to replace 7foot tall fencing w/razor wire with wildlife friendly fencing agreed upon by the Colorado Division of Wildlife; c) Dogs must not be allowed to harass, chase or disturb wildlife; d) Osprey at times inhabit the Dotsero ponds located south ofI-70. A quarter mile buffer is recommended during critical nesting and rearing times, the applicant shall consult with the Colorado Division of Wildlife to determine annual critical nesting and rearing times. 7. The Applicant must submit adequate proof of water supply for the existing water skiing lake to the Colorado State Division of Water Resources and provide a copy to staff. THAT the Board of County Commissioners directs the Director of Community Development to enter this amendment on the appropriate page of the Official Zone District Map and to provide a copy of this Resolution to the applicant. THAT, the Sweetwater Ranch PUD Guide dated June 27, 2006, attached hereto as Exhibit 'B' is approved. THAT the Board hereby 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 the lSJWay of ~'b r , 2006, nunc pro tunc to the 27th day of June, 2006. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: Page 6 of 7 ~Y-, ~. Runyon, Chai Teak J. Simonton Clerk to the Board of County Commissioners By: Am M. Menconi, Commissioner By: Commissioner ~ C!...b~ I seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon AS/lK Commissioner Am M. Menconi Al1k Commissioner Tom C. Stone A4lL This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 7 of 7 f 06/27/20069:13:06 AM pk PK File No.:615-HOO78067-6IO-ETO, Amendment No.2 Exhibit A A parcel ofland located in Tract 40, Section 5, Township 5 South, Range 86 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel of land being more particularly described as follows, to wit; Beginning at the northwest corner of Parcel ~ a parcel of land recorded at Reception Number 692970 in the Office of the Eagle County Clerk and Recorder. Said corner being a point on the southerly right of way of Interstate 70, Project No. I 70-2 (71) State Department of Highways, Division of Highways, State of Colorado. Said corner bears S. 71005'43" W. 2655.96 feet from Corner 1 of Tract 55 (a 2 'is'' USGLOS Brass Cap dated 1919). Thence along the westerly line of the aforesaid Parcel A the following two (2) courses: 1. S. 31056'40" E. 467.26 feet; 2. S. 20009'00" E. 680.26 feet; Thence N. 56058'18" W. 326.29 feet; Thence N. 34014' 17" W. 483.21 feet; Thence along a line that is parallel with and two hundred (200') from the centerline of the Union Pacific Railroad track, N. 20010'15" W. 506.27 feet to a point on the aforesaid southerly right of way of Interstate 70; Thence along said southerly right of way S. 85049'12" E. 239.06 feet to the point of beginning., County of Eagle, State of Colorado. And That portion of the following described parcels of land lying Southerly of the Interstate 1-70 right of way. Parcell: All that part of Tract 40 and 49 in Sec. 5, Tp. 5S., R. 86 W. , of the 6th P.M., lying Easterly of the Denver and Salt Lake Western Railroad Company right of way described in deed recorded in Book 116 at Page 149. Except that part of tract 40 lying within the following described property: That part of Lot 3, Sec. 5, Tp. 5 S, Range 86 W. of the 6th PM. which is now known as tract 40 and embraced within the following boundaries to wit, Beginning at NE corner of said Lot 3 which is also Corner No.1 of Tract 40; thence S. 157.74 feet; thence S. 290 W. 40 feet; thence N. 840 30' W. 340 feet; thence N. 166 feet to the N. boundary of said Lot 3; thence S. 89042' E. along said boundary 349 feet to the point of beginning. Except 2 parcels ofland conveyed to the State of Colorado in Document recorded in Book 116 at Page 299 described by metes and bounds. Parcel 2: Parcel A: Tract 55 in Sections 4 and 5 in Township 5 South in Range 86 West of the Sixth Principal Meridian, according to the independent resurvey approved by the United States Surveyor's Office, June 20. 1922. and accepted June 6, 1923, originally described as Lots 1 and 11 of Section 5 in said Township and Range. Parcel B: All that part of Lot No.3, Section 5. Township 5 South, Range 86 West, Sixth Principal Meridian, and which is now known as Tract 40 in said Section, and embraced within the following boundaries, to-wit: 06/2712006 9: 13:06 AM pk PK File No:: o15-HOO78067-610-ETO, Amendment No.2 Beginning at the Northeast comer of said Lot 3, which is also comer No.1 of Said Tract 40, thence South 157.74 feet; thence South 2900' West 40 feet; thence North 84030' West 340 feet; thence North 166 feet to the North boundary of said Lot No.3; thence South 89042' East 349 feet along said North boundary to the point of beginning. Parcel C: All that portion of the Vesuvius Placer, United States Mineral Survey No. 2163 in conflict with Tract No. 55 in Sections 4 and 5 in Township 5 South in Range 86 West of the Sixth Principal Meridian, according to the Independent Resurvey approved by the U.S. Surveyor General's Office June 20, 1922 and accepted by the General Land Office June 6, 1923, with all its appurtenances and A parcel ofland situated in Section 4 in Township 5 South in Range 86 West of the Sixth Principal Meridian, and being a part of the Lava Placer and of the Vesuvius Placer, according to the Independent Resurvey of said Township and Range approved by the Surveyor General June 20, 1922, and accepted by the General Land Office on June 6, 1923, described as follows: Beginning at the USLM "LO" which is comer No. I of the Lava Placer and identical with comer No.1 of the Vesuvius Placer, from whence comer No.1 of Tract 55 in Section 4 in Township 5 South in Range 86 West of the Sixth Principal Meridian, bears North 660 37' West 2262.48 feet; thence South 810 15' East 1750 feet to comer No.4 of the Lava Placer; thence South 1700' West 1870 feet to comer No.5 of the Lava Placer, which is identical with comer No.2 of the Vesuvius Placer; thence North 84010' West 3277.25 feet along the South line of the Vesuvius Placer to its intersection with the East line of Tract 55, above referred to; thence North 2040.76 feet along the said East line of Tract 55, above referred to, to its intersection with the North line of the Vesuvius Placer; thence South 81015' East 2100 feet along said North line of the Vesuvius Placer to the place of Beginning. Except parcels as described in Book 35 at Page 297; Book 116 at Page 7; Book 143 at Page 383; Book 217 at Page 577; Book 217 at Page 620; Book 217 at Page 336; Book 217 at Page 512; Book 220 at Page 769. Also excepting those parcels conveyed by Warranty deeds recorded July 20, 1984 in Book 389 at Page 984 and January 20, 1994 in Book 630 at Page 485 and May 20, 1997 in Book 727 at Page 270. Also excepting the following parcel: A parcel of land located in Tract 55 and the Vesuvius Placer, Section 4, Township S Sou~ Range 86 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel of land being more particularly described as follows, to wit; Beginning at the Northeast comer of Remaining Portion of Parcel C, a parcel of land recorded in Book 1 of the Eagle County Surveyor's Land Survey PlatslRights-of- Way Surveys at Pages 304 and 305 (a 1 1/2" aluminum cap and rebar marked "ROW COLORADO DEPARTMENT OF HIGHW A YSj from which Comer 1 of Tract 55 (a 2 112" USGLOS Brass Cap dated 1919) bears N. 00045'17' B., a distance of 1013.95 feet; Thence along the Easterly line of said Parcel S. 16015'33" W. a distance of 1630.35 feet to a point on the Southerly line of said Vesuvius Placer; Thence along the Southerly line of said Vesuvius Placer N. 840lO'oo"W. a distance of 132.63 feet, to a point on the Northerly bank. of the Eagle River; Thence along said Northerly bank. of the Eagle River N. 36052'31" W. for a distance of 104.08 feet; Thence N. 00036'01 "E. for a distance of 33126 feet; Thence N. 11046'34" W. for a distance of 148.85 feet; Thence N. 38034'53" W. for a distance of 327,92 feet; Thence N. 00014'00" W. for a distance of 545.07 feet, to a point on the Southerly boundary of Parcel No. 13 Rev. ofthe State Department of Highways, Division of Highways, State of Colorado, Project No. 170-2 (71) Sec. 1; 06127/20069: 13:06 AM pk PK File No.:615-HOO78067-6IO-ETO, Amendment No.2 Thence along said Southerly boundary N. 70021'48" E. a distance of 406.57 feet, to a point of curvature; Thence continuing along said Southerly boundary on the arc ofa curve to the right, having a radius of 1075.90' a distance of 509.14 feet (the chord of this arc bears N. 83055'18" B. a distance of 504.40 feet) to the point of beginning, County of Eagle, State of Colorado. ( INTERSTATE 70 Dotsero Interchange \, \ \ \. \ \ \ \ \ \ \ \ \ \ -~~ 1 I i i i I Sweetwater Ranch r-" 6j . , Vicinity Map Use of this map should be for general and informational purposes only. Eagle County ~ ,0;1, does not warrant the accuracy of the data EAGLE COUNTY 0.09 0,18 Miles contained herein, 0 0.045 I I I I I I I I I Exhibit 'B' SWEETWATER RANCH PLANNED UNIT DEVELOPMENT CONTROL GUIDE June 27, 2006 1. PURPOSE: The establishment of Sweetwater Ranch as a site for a water ski lake, a residential lot, and an open space tract. 2. USES BY RIGHT: Lot # 1 A water ski lake with all associated uses including a boat dock, covered boat slips, changing rooms, restrooms, boat storage, picnic area, and open space. Lot #2 A primary and secondary residential site with accessory building for the enclosure of animals and materials. Lot #3 Open Spaces 3. MINIMUM SETBACKS: As shown on the approved PUD Preliminary Plan or as follows for setbacks from property lines. 1. Front on 1-70 or 1-70 Frontage Road 50 feet for Buildings 2. Side 10 feet for Buildings 3. Rear 10 feet for Buildings 4. From Eagle River - A 75 foot strip of land or the 100 year floodplain, whichever is the greater distance, measured horizontally from the high water mark shall be protected in its natural state with the exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices may be constructed thereon. 4. MAXIMUM BUILDING HEIGHTS: To mid-point of roof as measured from natural or finished grade, whichever is more restrictive. A. Storage Facilities or Shelters 25.0 feet B. Residential Buildings 35.0 feet 5. SITE COVERAGE: Coverage by impervious materials and buildings 75% 6. GROSS FLOOR AREA: Gross Floor Area for Residential shall be 1,800 square feet for caretaker units and unlimited for Primary Residential. 7. SIGNAGE: The following shall apply to all identification signs. A. One (1) project identification sign "monument-style" shall be allowed with two sides to a maximum of 32 sq.ft. See Site Development Plan for location. B. All signs for identification of buildings shall be a maximum of 10 sq.ft. C. All signs, whether lighted or unlighted, will use a contrasting background for legibility. D. No neon signs are allowed. Where not specific above for signs, the Eagle County Land Use Regulations shall apply. 8. FENCING: Fencing shall be to a maximum of 5 feet high as shown on the site plan. Chain link: fencing or wood may be used. Colors can be galvanizing or earth colors. 9. LIGHTING: All lighting shall be down lighting with minimum impact to adjacent residential areas. No moving or flashing light systems will be permitted. Incandescent light sources will be used for pedestrian areas. Public parking areas will be provided with downward lighting. Maximum height to top of fixture is 20 feet. 10. PARKING: As shown on the Overall Development Plan or as required by the Eagle County Land Use Regulations. 11. TRASH STORAGE: All trash must be stored in wildlife proof trash enclosures. 12. USE AND MAINTENANCE OF THE OPEN SPACE: The open space, as designated on the Overall Development Plan, shall be maintained by the Residential Lot. Maintenance of berms and landscaping shall be a joint effort with the Owners Association or by mutual agreement. 13. LANDSCAPING: Landscaping shall be as specified on the Overall Development Plan and any revision thereof. Lot 2 shall maintain their area and Lot 1 shall maintain their area. 14. PHASING: The project shall be built out in one Phase for the Lot Development. 15. FUTURE DEVELOPMENT: Lot 2 may be subject to future development after applying for an amended Preliminary Plan, The anticipated commercial uses are: 1. Retail Sales 2. Convenience Store and Filling Station 3. Offices 4. Restaurant 5. Outfitter and Guide 6. R V and Boat Storage 7. Contractors Yard 8. Warehouse or Storage Building including mini-storage 9. Hotel or Motel (with connection to main sewer and water) 10. One caretaker unit per site Any conflicts with this PUD Guide and Eagle County Regulations shall be resolved by the Director of Community Development for Eagle County. End of Document K514SweetwaterRanchPUD062606