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HomeMy WebLinkAboutR06-123 - approval of Nottingham Cottages PUD and McGrady Acres PUD Amendment Commissioner &~'lrL/ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - /?~ APPROV AL OF NOTTINGHAM COTTAGES PUD AND MCGRADY ACRES PUD, PUD AMENDMENT FILE NO. PDA-00066 WHEREAS, on or about June 14,2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by the owners of the Nottingham Cottages PUD and Lot 7 of the McGrady Acres PUD (hereinafter "Applicant") for approval of a Planned Unit Development Amendment (hereinafter "PDA") File No. PDA-00066; and WHEREAS, the Applicants requested the approval of a Planned Unit Development Amendment which would recognize the modification of a shared lot line between both PUDs as well as the reconnection of "Tract B"; and WHEREAS, the Nottingham Cottages PUD and the McGrady Acres PUD are contiguous developments; Nottingham Cottages PUD was approved in 1998 and the McGrady Acres PUD was approved in 1991; and WHEREAS, in 2002, the Town of AvonlTraer Creek Metropolitan District condemned a portion of the Nottingham Cottages PUD in order to construct the road right-of-way for William J. Post Blvd. After completion of the road improvements, the remaining property (renamed Tract B by virtue of being platted in the Town of Avon) was returned via Special Warranty Deed from the Traer Creek Metropolitan District to the owners of the Nottingham Cottages PUD; and WHEREAS, Tract B is too small to legally disconnect from the Town of Avon and returned to unincorporated Eagle County; and WHEREAS, there is an Intergovernmental Agreement, recorded with the Eagle County Clerk and Recorder, which recognizes that Tract B, although part of the Town of Avon, shall be Page 1 of 6 governed by the Nottingham Cottages PUD as part of common space, as was its previous designation prior to condemnation; and WHEREAS, this PUD amendment simply recognizes that the boundaries of the PUDs are being modified. No other modifications of either PUD are being requested; this is simply a technical exercise. In addition to this PUD amendment, the applicant has also submitted an Amended Final Plat; the mechanism for modifying the shared lot line/vacating the internal lot line of Tract B; and WHEREAS, Tract B, as amended, shall be used for "common area" as was the former use of that portion ofland prior to condemnation and formation of Tract B; and WHEREAS, a copy of this plat is attached to this resolution as Exhibit "A"; and WHEREAS, notice of the PUD Amendment was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, WHEREAS, at its public hearing(s) held November 1,2006, the Eagle County Planning Commission, based upon its findings, recommended approval with conditions of the proposed PUD Amendment; 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 November 21 st, 2006 to consider the PUD Amendment application; and, 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 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 ("the Board"), 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 both of the PUDs IS owned or controlled by one (1) person and/or entity. (2) Uses. The uses that may be developed in the PUDs ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited for the zone district designation in effect for the property at the time of the application for the PUD Amendment. Page 2 of 6 (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUDs ARE those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. (4) Off-Street Parking and Loading. It HAS been demonstrated that off-street parking and loading provided in the PUDs comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards, without a necessity for a reduction in the standards. (5) Landscaping. It HAS previously been demonstrated that landscaping provided in the PUDs can comply with the standards of Article 4, Division 2, Landscaping and illumination Standards. (6) Signs. The sign standards applicable to the PUDs ARE as specified in Article 4, Division 3, Sign Regulations. (7) Adequate Facilities. The Applicant HAS clearly demonstrated that the development that was proposed in the Preliminary Plans for both PUDs were provided adequate facilities for roads; the applicant HAS clearly demonstrated that the development that was proposed in the Preliminary Plans for both PUDs were provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply and fire protection. In addition, the Applicant HAS previously demonstrated that the PUDs are conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. 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 (9) Compatibility With Surrounding Land Uses. The development previously approved for both PUDs IS compatible with the character of surrounding land uses. (10) Consistent with Comprehensive Plan. The proposed PUDs CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. Page 3 of 6 (11) Phasing. A phasing plan IS NOT necessary for this development. (12) Common Recreation and Open Space. The PUDs HAVE 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. (13) Natural Resource Protection. The PUDs DO demonstrate that the recommendations made by the applicable analysis documents available at the time 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. 2. 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: (1) Consistency with Comprehensive Plan. The PUDs ARE consistent with the Comprehensive Plan, and ARE consistent with the Future Land Use Map (FLUM). (2) Consistent with Land Use Regulations. The Applicant HAS fully demonstrated that the previous subdivisions complied 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 existing subdivisions ARE 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. (4) Suitability for Development. The properties ARE 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. (5) Compatibility with Surrounding Uses The existing PUDs ARE compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. Page 4 of 6 3. Amendment to Preliminary Plan for PUD. No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24-67-104(I)(e) Colorado Revised Statutes that; (1) Modification. The modification, removal, or release is consistent with the efficient development and preservation ofthe entire Planned Unit Development; (am 3/12/02) (2) Adjacent Properties. The PUD Amendment does not effect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest; (3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. The application has been submitted by both of the owners of existing PUDs which currently supports this amendment. In addition, this amendment alleviates any potential access issues for future/any of the residents and/or owners of property within either PUD. 5. Pursuant to Section 5-280.B.4, Preliminary Plan for Subdivision, Staff finds this application in conformance with all required application contents, including, an adequate, Preliminary Plan Map. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Amendment for the Nottingham Cottages PUD and the McGrady Acres PUD File No. PDA-00066, be and is hereby approved. THAT, the PUD Amendment 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. Page 5 of 6 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this /9 day of {):?1'1:2-rlt-./'k---t 2006, nunc pro tunc to the 1 st day of November, 2006. A TrEST: BY: Cj{~cfV~' Teak J. Simonton Clerk to the Board of County Commissioners COUl':JIT. OF EAGLE, ST ATE OF COLORADO, By and :~ug& It~OARD OF COUNTY COMMISSIONERS (~iY\\i ~~ ~~\~;lJ/IBY:~ --- O'o:"i;:! Peter F. Runyon, Chair BY: To BY: Am M. Menconi, Commissioner Commissioner m4tCt!rJi,~econded adoption of the foregoing resolution. The roll having been called, the vote was as follows: o~ ~ OJ .- This Resolution passed by "9/6 . County of Eagle, State of Colorado. Commissioner Peter F. Runyon Commissioner Tom C. Stone Commissioner Am M. 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