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HomeMy WebLinkAboutR03-094 Amended Resolution 2003-073 Siloam Springs PUD File No. PDS-00032'1~ ..~ Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMNIISSIONER5 COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- ~~T RESOLUTION AMENDING AND CORRECTING A CLERICAL ERROR IN RESOLUTION 2003-073 WHICH APPROVED THE SKETCH PLAN FOR THE SILOAM SPRINGS PLANNED UNIT DEVELOPMENT File No. PDS-00032 WHEREAS, Resolution 2003-073 was approved by the Boazd of County Conunissioners on June.17~', 2003. That Resolution contained a clerical error in that it contained a reference to File No. PDS-00033 instead of the accurate File No. PDS-00032; and WHEREAS, in an effort to correct that clerical error, the Boazd of County Commissioners hereby desires to adopt this resolution restating, amending and, correcting the clerical error in Resolution 2003-073 by insertion of the correct file number File No. PDS-00032, as follows: WHEREAS, on or about August 18, 2002, the County of Eagle, State of Colorado, accepted for filing applications submitted by Richard and Luanne Mayne, joint tenants of the Thelma C. Bair Revocable Trust, (hereinafter "Applicant") for approval of the Sketch Plan for the Siloam Springs Planned Unit Development, File No. PDS-00032; and WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: The creation of a Planned Unit Development (PUD) that would subdivide a 42.3 acre pazcel int8 five (5) single family residential .lots and an open space tract. The subject property straddles the Colorado River approximately 1 mile west of Dotsero. Residential lots would be created on the north bank of the river, with that portion of the property south of the river remaining as open space. l~~ II~~n~UVI~I~~IhIAIAI~~IIIU~I 8='"0:,. • • Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY CONIlVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-J~y RESOLUTION AMENDING AND CORRECTING A CLERICAL ERROR IN RESOLUTION 2003-073 WHICH APPROVED THE SKETCH PLAN FOR THE SILOAM SPRINGS PLANNED UNIT DEVELOPMENT File No. PDS-00032 WHEREAS, Resolution 2003-073 was approved by the Board of County Commissioners on June 17~', 2003. That Resolution contained a clerical error in that it contained a reference to File No. PDS-00033 instead of the accurate File No. PDS-00032; and WHEREAS, in an effort to correct that clerical error, the Board of County Commissioners hereby desires to adopt this resolution restating, amending and correcting the clerical error in Resolution 2003-073 by insertion of the correct file number File No. PDS-00032, as follows: WHEREAS, on or about August 18, 2002, the County of Eagle, State of Colorado, accepted for filing applications submitted by Richard and Luanne Mayne, joint tenants of the Thelma C. Bair Revocable Trust, (hereinafter "Applicant") for approval of the Sketch Plan for the Siloam Springs Planned Unit Development, File No. PDS-00032; and WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: The creation of a Planned Unit Development (PUD) that would subdivide a 42.3 acre parcel into five (5) single family residential lots and an open space tract. The subject property straddles the Colorado River approximately 1 mile west of Dotsero. Residential lots would be created on the north bank of the river, with that portion of the property south of the river remaining as open space. • • See Exhibit A, Site Plan (note modification by condition # 7 of this resolution) and Exhibit B, Legal Description, attached; and WHEREAS, at its public hearing held April 2, 2003, the Eagle County Planning Commission, based upon its findings, recommended denial of the proposed Sketch Plan of the Siloam Springs Planned Unit Development, citing concerns for sewage disposal, and WHEREAS, public hearings were held by the Board of County Commissioners (hereinafter the "Board") of the County of Eagle, State of Colorado, on Apri122, 2003, and May 13, 2003; 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: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 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: (1) Unified ownership or control It IS represented that title to all land is owned or controlled by one (1) entity. (2) Uses. The uses that maybe 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 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 Sketch Plan approval. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT 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. However, the variations in dimensional limitations proposed MAY BE determined necessary to allow desired design qualities to be achieved at application for Preliminary Plan approval. 2 • . (4) Off-Street Parking and Loading. The PUD MAY BE able to comply with the standards of Article 4, Division l,Off-Street Parking and Loading Standards, without a necessity for a reduction in the standards, at application for Preliminary Plan approval. (S7 Landscaping. The landscaping and illumination standards provided in the PUD MAY BE able to comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards, at application for Preliminary Plan approval. (~ Signs. The Applicant HAS NOT submitted a comprehensive sign plan for the PUD, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development PUD ,but MAY BE able to comply with a plan that is suitable for the PUD and does provide the minimum sign area necessary to direct users to and within the PUD at application for Preliminary Plan approval. ('n Adequate Facilities. The Applicant MAYBE able to demonstrate, at application for Preliminary Plan approval, that the development proposed in the Sketch Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements The Applicant MAY BE able to demonstrate, at application for Preliminary Plan approval, that the improvement standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding safe efficient access, internal pathways, emergency vehicles, principle access points, and snow storage, or that a deviation from these standards is justified. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD MAYBE found to be compatible with the character of surrounding land uses at application for Preliminary Plan approval. (10) Consistency with Master Plan. The PUD MAYBE found to be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (PLUM), at application for Preliminary Plan approval. (11) Phasing. A general phasing plan WILL BE required for this development at application for Preliminary Plan approval. • (12) Common Recreation and Open Space. The PUD MAY BE found to comply with the common recreation and open space standards with respect to: (1) Minimum area (2) Improvements required; (3) Continuing use and maintenance; and (4) Organization. at application for Preliminary Plan approval (13) Natural Resource Protection. The PUD MAY BE found to have appropriately considered 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 at application for Preliminary Plan approval. ADDITIONAL FINDING PUD Guide [Section 5-240.F.2.a.(8)] -The Applicant HA5 submitted a draft PUD Guide setting forth the proposed land use restrictions. 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 Master Plan. The PUD MAYBE found to be consistent with the Eagle County Master Plan and the Future Land Use Map (PLUM) of the Master Plan at application for Preliminary Plan approval. (2) Consistent with Land Use Regulations. The proposed subdivision MAY BE found to 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 at application for Preliminary Plan approval. (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. 4 (4) Suitability for Development The property proposed to be subdivided MAY BE found 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 at application for Preliminary Plan approval. (5~ Compatibility with Surrounding Uses. The proposed subdivision MAY BE found to be compatible with the character of existing land uses in the area at application for Preliminary Plan approval, and may not adversely affect the future development of the surrounding area. NOW, TFIEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: TART, the application for approval of the Sketch Plan for the Siloam Springs Planned Unit Development be and is hereby approved, subject to compliance with the following conditions: 1) That prior to Preliminary Plan approval, and pursuant to Eagle County Land Use Regulations Section 4-620.J.9.c(1), it shall be demonstrated that all dwellings and other structures will be accessible by emergency and service vehicles. 2) That pursuant to Eagle County Land Use Regulations Section 4-620.J.1.h, Dual Access, it shall be demonstrated prior to Preliminary Plan approval that the subdivision will have a secondary emergency vehicle access to a public roadway system, or that a variance from this improvement standard has been granted by the Board of County Commissioners. Alternatively, and pursuant to Section 5-240.F.3.e.(8), a deviation from this improvement standard may also be granted by the Board as a part of the Preliminary PUD Plan approval. 3) That pursuant to Eagle County Land Use Regulations Section 4-620.J, it shall be demonstrated prior to Preliminary Plan approval that a variance from roadway standards for the frontage road and box culvert underpass that will be used to access the site, and, if necessary, for the internal road proposed to be constructed within the site, has been obtained. Alternatively, and pursuant to Section 5-240.F.3.e.(8), a deviation from this improvement standard may also be granted by the Board as a part of the Preliminary PUD Plan approval. 5 • 4) That prior to approval of the Preliminary Plan, the Applicant shall provide a plan, acceptable to the Board, for the long term upkeep and maintenance of the road that accesses the subject property from US Highway 6. This plan may take the form of a current commitment, also acceptable to the Board, from the Colorado Department of Transportation for long term maintenance and upkeep. 5) That application for Preliminary Plan approval contain detailed flood plain mapping and hydrologic analysis, consistent with recommendations made by the Colorado Geological Survey (01/14/03) and the Colorado Water Conservation Board (12/24/02). 6) That prior to Preliminary Plan approval, it shall be demonstrated that hazards related to flooding, river bank erosion, debris flows and drainage channel erosion, as identified by Colorado Geological Survey (01/14/03) and the Colorado Department of Transportation (01/08/03), can be reasonably avoided and/or mitigated. 7) That prior to Preliminary Plan approval, it shall be demonstrated that the proposed lot configuration, detailed by the site plan labeled "Exhibit K", last revised May 12, 2003, but specifically excluding Lot 6 of that plan which is located across the river to the southeast, provides adequate space for each residential home, considering the requirements for parking, wells, septic systems, setbacks, hazards avoidance, and utility and drainage easements. 8) That application for Preliminary Plan approval contain evidence that the development of this PUD will not impact any wetland areas, as discussed in the referral response by the Army Corp of Engineers (01/06/03). 9) That at application for Preliminary Plan approval, evidence be submitted indicating the approval by the water court of a water augmentation plan for the prof ect, as required by the Colorado Division of Water Resources (01/10/03). 10) That prior to Preliminary Plan approval, and as a part of the site grading. plan, the Applicant obtain a Colorado Pollution Discharge Elimination System (CPDES) Permit, as referenced in the referral response from the Northwest Colorado Council of Governments (12/30/02). 11) That application for Preliminary Plan include provisions to insure the use of Best Management Practices, to include Secondary Treatment, on any Individual Sewage Disposal System proposed for the property, as recommended by Eagle County's Department of Environmental Health. 12) That prior to Preliminary Plan approval, the applicant address the concerns for an adequate fire fighting water supply as determined appropriate by the Gypsum Fire Protection District (12/12/02) 6 • • 13) That a detailed Site Development Schedule identifying time frames for the completion of those items considered public improvements be submitted as a part of the application for Preliminary Plan approval. 14) That all recommendations made by TDA Colorado, Inc. (10/30/02 and 02/03/03) regarding headlight screening between the access frontage road and the east bound lane of Interstate 70 be fully addressed and/or incorporated into the plan at application for Preliminary Plan approval. 15) That application for Preliminary Plan approval include provisions within the proposed PUD Guide for the continued use and maintenance of open space areas on both sides of the river. 16) That application for Preliminary Plan approval include a recommendation acceptable to the Board regarding a maximum size for dwelling units on the subject property. 17) That all material representations made by the Applicant in submitted materials and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. ' 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 of County Commissioners directs the Director of Community Development to provide a copy of this Resolution to the applicant. 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 Cammi sinners of the County of Eagle, State of Colorado, at its regular meeting held the day of ~~ 2003, nunc pro tunc to the 13th day of May, 2003. 7 • oe ~~~ ~r ATTEST: °° ~, c=~~c-~1 By By, Teak J. Simonton Clerk to the Board of County Commissioners By, By; COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner ~,,~,,,~~~-rr,~. seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher ~~~~ Commissioner Tom C. Stone `. Commissioner Arn M. Menconi This Resolution passed by~~ , ~ ~ ~ e of the Board of County Commissioners of the County of Eagle, State of Colorado.