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