HomeMy WebLinkAboutR02-050 zone change for Berry Creek/Miller Ranch PUDC-1
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 - 0
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APPROVAL OF THE ZONE CHANGE AND THE
PLANNED UNIT DEVELOPMENT COMBINED SKETCH / PRELIMINARY PLAN
FOR THE BERRY CREEK / MILLER RANCH PLANNED UNIT DEVELOPMENT
FILE NOS. ZC -00053 and PDSP -00014
WHEREAS, on or about 4 December 2001, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Eagle County and the Eagle County School District
(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 per File No.
ZC- 00053, and for approval of the Planned Unit Development Combined Sketch/Preliminary
Plan for the Berry Creek / Miller Ranch Planned Unit Development, File No. PDSP- 00014; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development
(PUD) Combined Sketch/Preliminary Plan which would allow for the development as follows:
Mixed use development on a 222.7 acre site which would include activ recreation on
35.8 acres (including athletic fields, play areas, and an ice arena and/or recreation center);
open space on 50.2 acres (including trails, bridges necessary for trails, picnic facilities,
restrooms, drainage and irrigation improvements and facilities, and trailhead parking);
local resident housing on 31.5 acres not to exceed 10 dwelling units per acre; school
facilities on 77.9 acres (in addition to the existing Berry Creek Middle School and the
Charter School) may include a new elementary school and a new high school; and an
alternative use site owned jointly by the Applicants on 16.0 acres which may be leased to
Colorado Mountain College for a regional college campus and related community
facilities. The balance of the site (11.3 acres) will be right -of -way.
Primary access to the site would be by Miller Ranch Road, proposed to be constructed
from the Edwards Spur Road through the site to connect with Winslow Road, which
provides alternate access to the site from the Singletree development to the north.
Another access from this parcel directly to Highway 6 to the south has previously been
Sara J Fisher Eagle, CO 370 R 0. 00
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03/22/2002 02:04P
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Commissioner dr�f 7 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002
APPROVAL OF THE ZONE CHANGE AND THE
PLANNED UNIT DEVELOPMENT COMBINED SKETCH / PRELIMINARY PLAN
FOR THE BERRY CREEK / MILLER RANCH PLANNED UNIT DEVELOPMENT
FILE NOS. ZC -00053 and PDSP -00014
, WHEREAS, on or about 4 December 2001, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Eagle County and the Eagle County School District
(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 per File No.
ZC- 00053, and for approval of the Planned Unit Development Combined Sketch/Preliminary
Plan for the Berry Creek / Miller Ranch Planned Unit Development, File No. PDSP- 00014; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development
(PUD) Combined Sketch/Preliminary Plan which would allow for the development as follows:
Mixed use development on a 222.7 acre site which would include activ recreation on
35.8 acres (including athletic fields, play areas, and an ice arena and/or recreation center);
open space on 50.2 acres (including trails, bridges necessary for trails, picnic facilities,
restrooms, drainage and irrigation improvements and facilities, and trailhead parking);
local resident housing on 31.5 acres not to exceed 10 dwelling units per acre; school
facilities on 77.9 acres (in addition to the existing Berry Creek Middle School and the
Charter School) may include a new elementary school and a new high school; and an
alternative use site owned jointly by the Applicants on 16.0 acres which may be leased to
Colorado Mountain College for a regional college campus and related community
facilities. The balance of the site (11.3 acres) will be right -of -way.
Primary access to the site would be by Miller Ranch Road, proposed to be constructed
from the Edwards Spur Road through the site to connect with Winslow Road, which
provides alternate access to the site from the Singletree development to the north.
Another access from this parcel directly to Highway 6 to the south has previously been
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identified in the Edwards Area Access Plan to reduce traffic on the Edwards Spur Road,
although specific alignment has not been determined. Water and wastewater utility
service will be provided by the Eagle River Water and Sanitation District. A 1041 permit
application has been submitted and approved by the Eagle County Permit Authority.
WHEREAS, notice of the Combined Sketch/Preliminary Plan 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 hearings held 2 January and 23 January 2002, the Eagle County
Planning Commission, based upon its findings, recommended denial of the proposed zone
change and the proposed PUD Combined Sketch/Preliminary Plan; and
WHEREAS, at its regular hearing of 15 January 2002, which was tabled to 5 February
2002, the Eagle County Board of Commissioners (hereinafter 'Board "), considered the
Combined PUD Sketch/Preliminary Plan; associated plans; and the statements and concerns of
the Applicant, the Eagle County Community Development and Engineering staff, and other
interested persons; and the recommendation of the Eagle County Plannng Commission.
BASED ON THE EVIDENCE BEFORE IT, and with the modifications
imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS:
Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for
the review of a Sketch PUD:
1. Unified ownership or control. [Section 5- 240.F.3.e (1)] - While the title to all
land that is part of this PUD is not owned or controlled by one (1) person, the
owners have made a joint application based on an Intergovernmental Agreement
which continues to be in effect.
2. Uses. [Section 5- 240.F.3.e (2)] - The uses that may be developed in the PUD are
not 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. However, variations of
these use designations may be authorized pursuant to Section 5 -240 F.31,
Variations Authorized
3. Dimensional Limitations. [Section 5- 240.F.3.e (3)] — 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
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property at the time of the application for PUD. However, variations of these use
designations may be authorized pursuant to Section 5 -240 F.31, Variations
Authorized
4. Off- Street Parking and Loading. [Section 5- 240.F.3.e (4)] - It has not 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 without a necessity for a reduction in the standards. However, with the
provisions of the PUD Guide and the recommended conditions of approval, these
standards may be met in subsequent reviews of site - specific development plans
for the housing tract.
5. Landscaping. [Section 5- 240.F.3.e (5)] - It has not been demonstrated that the
landscaping proposed for the PUD complies with the standards of Article 4,
Division 2, Landscaping and Illumination Standards However, with the
recommended conditions of approval, these requirements may be satisfied prior to
approval of the initial final plat for the development.
6. Signs. [Section 5- 240.F.3.e (6)] - The signs within the PUD will be as specified in
Article 4, Division 3, Sign Regulations
7. Adequate Facilities. [Section 5- 240.F.3.e (7)] - It has been demonstrated that the
development proposed in the PUD Sketch/Preliminary Plan 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. [Section 5- 240.F.3.e (8)] - It has been demonstrated that the
improvements standards applicable to the development will be as specified in
Article 4, Division 6, Improvements Standards with the exception of the "K
factor" standard on Miller Ranch Road at the Edwards Spur Road. However, a
deviation from this standard may be granted because minimum design principles
have been followed regarding (a) safe, efficient access, (b) internal pathways,
(c) emergency vehicles, (d) principal access points, and (e) snow storage.
9. Compatibility With Surrounding Land Uses. [Section 5- 240.F.3.e (9)] The
development proposed for the PUD is compatible with the character of
surrounding land uses.
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10. Consistency with Master Plan. [Section 5- 240.F.3.e (10)] - The PUD is
consistent with the Master Plan, including, but not limited to, the Future Land Use
Map (FLUM).
11. Phasing Section 5- 240.F.3.e (11) - A phasing plan has been provided for this
development.
12. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] -.The applicant
has demonstrated that the PUD 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. [Section 5- 240.F.3.e (13)] - The PUD does
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.
Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for
the review of a Sketch Plan for Subdivision:
14. Consistent with Master Plan. [Section 5- 280.B.3.e (1)] - The PUD is consistent
with the Master Plan, and it is consistent with the Future Land.Use Map (FLUM)
15. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - With the
recommended conditions of approval, it has been 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
16. Spatial Pattern Shall Be Efficient. [Section 5- 280.B.3.e (3)] - 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.
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17. Suitability for Development. [Section 5- 280.B.3.e (4)] - 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.
18. Compatible With Surrounding Uses. [Section 5- 280.B.3.e (5)] - The proposed
subdivision is compatible with the character of existing land uses in the area and
will not adversely affect the future development of the surrounding area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the petition of Eagle County and the Eagle County School District, File No.
ZC- 00053, for a Zoning Amendment to change from the Resource [R] Zone District to the
Planned Unit Development [PUD] Zone District be and is hereby approved for the following
described property located in the unincorporated area of Eagle County:
See Exhibit I
attached hereto and thereby incorporated herein by reference
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 provide a copy of this Resolution to the Applicant;
THAT, subject to the conditions set forth below, the application for the Planned Unit
Development Combined Sketch / Preliminary Plan for the Berry Creek / Miller Ranch PUD be
and is hereby approved:
1. A detailed landscape plan as specified in Section 4- 220.C., Detailed Landscape
Plan of the Land Use Regulations, be required which shows landscaping features
along Miller Ranch Road, in common areas and at anticipated intersections prior
to approval of the initial final plat for this development.
2. All engineering studies, plans and construction drawings be completed to the
satisfaction of the County Engineer prior to approval of the initial final plat for
this development.
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3. Adequate consideration should be given to the recommendations and.suggestions
of the Colorado Geological Survey in its letter dated 21 November 2001.
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7.
The Traffic Impact Analysis completed for the Berry Creek/Miller Ranch PUD
assumes the completion of a variety of on and off -site improvements. In order to
ensure concurrency with traffic generated by the development of the PUD and
related road improvements, the following road/circulation improvements shall be
included with the initial construction of the project:
■ Full access improvements as mandated by the State Highway Access Code
(2CCR601 -1), at both the Edwards Spur Road/Miller Ranch Road
intersection and the intersection of the relocated Cemetery Bridge Road
and State Highway 6.
■ Intersection improvements at Miller Ranch Road/Winslow Road and
Miller Ranch Road/Charter School Road,
■ Recreation trail and sidewalk improvements,
■ Modifications to existing Edwards Spur Road access points to the
Edwards Station project.
Improvements outlined above shall be in place concurrent with the completion of the
development of Tract A (the initial development of the CMC facility) and of Tract
D (the housing tract).
The Applicants commit to exploring the feasibility of incorporating energy
efficient design and construction practices into the development of the project.
Concurrent with approval of a final plat, a deed restriction be established on
Tracts I and J, the purpose of which shall be to ensure that these tracts remain in a
predominantly natural condition in perpetuity.
Eagle County agrees to assist private operators in establishing a summer rodeo
series.
8. Eagle County commits to making funding available in 2002, subject to funds
being appropriated in the budget and approved by the Board of County
Commissioners, to develop recreation facilities and improvements on Tracts C
(recreation parcel), I and J (open space parcels).
9. Except as otherwise modified by these conditions, all material representations of
the Applicant in this application and all public meetings shall be adhered to and
be considered conditions of approval.
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THAT, the Berry Creek/Miller Ranch Sketch/Preliminary Plan Map attached hereto as
Exhibit II is approved;
THAT, the Berry Creek/Miller Ranch PUD Guide and Land Use Restrictions, dated
February 13, 2002, attached hereto as Exhibit III is approved:
THE BOARD farther 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 Commissi on of the
County of Eagle, State of Colorado, at its regular meeting held the 20gAay of 2002, _
nunc pro tunc to the 5' day of February 2002.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: oocFCQ BOARD OF COUNTY COMMISSIONERS
BY� `'�c « 90 * BY: 1 2
Sara J. Fisher oRA Mi . Gallagher, Chairman
Clerk of the Board of
County Commissioners
BY:
Am M. Menconi, Commissioner
BY:
Tom Stone, Co issioner
Commission seconded adoption of the foregoing resolution. The roll having
been called, a vote was as follows:
Commissioner Michael L. Gallagher
Commissioner Am M. Menconi it .
Commissioner Tom C. Stone �pJ
This Resolution passed by, � of the Board of County Commissioner of the County of
Eagle, State of Colorado
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Exhibit I
Legal Description for Berry Creek/Miller Ranch
PROPERTY DESCRIPTION
TWO PARCELS OF LAND SITUATED IN A PART OF SECTIONS 3,4 AND 5, TOWNSHIP 5
SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE
OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
PARCEL l:
BEGINNING AT A BRASS CAP MONUMENT FOUND MARKING THE NW CORNER OF SAID
SECTION 4, FROM WHENCE AN ALUMINUM CAP MONUMENT, L.S. No. 5447, FOUND
MARKING THE W 1/4 CORNER OF SAID SECTION 4 BEARS S 02 0 03'34" W 2578.08 FEET;
THENCE S 25 0 14'54" E 1918.78 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING
AN ALUMINUM CAP MONUMENT, L.S. No. 24325, FOUND MARKING THE NORTHEASTERLY
CORNER OF TRACT B, EDWARDS STATION, PER THE PLAT THEREOF RECORDED MARCH 8,
1999 AT RECEPTION No. 689048 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND
RECORDER, SAID POINT ALSO BEING ON THE RIGHT -OF -WAY OF INTERSTATE HIGHWAY
No. 70; THENCE
S 69 0 46'33 "E 248.69 FEET ALONG THE SOUTHERLY RIGHT -OF -WAY OF INTERSTATE
HIGHWAY No. 70; THENCE S 57 0 38'37" E 319.26 ALONG SAID SOUTHERLY RIGHT -OF -WAY TO
THE NORTHWESTERLY CORNER OF A PARCEL OF LAND RECORDED IN BOOK 462 AT PAGE
277 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER; THENCE DEPARTING
SAID SOUTHERLY RIGHT -OF -WAY S 42 0 33'36" W 141.00 FEET ALONG THE BOUNDARY OF
SAID PARCEL OF LAND; THENCE S 47 0 26'24" E 150.00 FEET; THENCE N 42 0 33'36" E 150.03
FEET TO A POINT ON SAID SOUTHERLY RIGHT -OF -WAY; THENCE ALONG SAID SOUTHERLY
RIGHT -OF -WAY THE FOLLOWING SIXTEEN COURSES: 128.94 FEET ALONG THE ARC OF A
NON - TANGENT CURVE TO TIME RIGHT HAVING A RADIUS OF 2126.80 FEET, AN INTERIOR
ANGLE OF 03 0 28'25 AND A CHORD WHICH BEARS S 44 0 22'14" E 128.92 FEET TO A FOUND
COLORADO DMSION OF HIGHWAYS MONUMENT; THENCE S 40 °05'18" E 288.38 FEET;
THENCE S 38 0 51'48 E 295.36 FEET TO A FOUND COLORADO DMSION OF HIGHWAYS
MONUMENT; THENCE S 43 °13'28" E 368.04 FEET TO A FOUND COLORADO DMSION OF
HIGHWAYS MONUMENT; THENCE 642.03 FEET ALONG THE ARC OF A NON - TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 1787.00 FEET, AN INTERIOR ANGLE OF 20 °35'07"
AND A CHORD WHICH BEARS S 55 0 18'34" E 638.59 FEET; THENCE S 65 0 36'08" E 367.13 FEET
TO A FOUND COLORADO DMSION OF HIGHWAYS MONUMENT; THENCE S 72 0 41'44" E
1363.37 FEET; THENCE S 72 °5444" E 309.80 FEET; THENCE 501.48 FEET ALONG THE ARC OF A
NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2441.80 FEET, AN INTERIOR
ANGLE OF 11 AND A CHORD WHICH BEARS S 81 E 500.60 FEET; THENCE S
87 0 18'49" E 153.50 FEET; THENCE S 87 0 14'49" E 893.80 FEET; THENCE N 79 °38'11" E 304.10 FEET;
THENCE N 89 0 0541" E 700.00 FEET; THENCE S 64 °20'19" E 111.80 FEET; THENCE N 85 0 1641" E
300.70 FEET; THENCE N 89 °05'41" E 700.78 FEET TO A POINT OF INTERSECTION OF SAID
SOUTHERLY RIGHT -OF -WAY AND THE NORTHERLY RIGHT -OF -WAY OF THE DENVER AND
RIO GRANDE WESTERN RAILROAD; THENCE DEPARTING SAID SOUTHERLY RIGHT -OF -WAY
OF INTERSTATE No. 70 ALONG SAID NORTHERLY RAILROAD RIGHT -OF -WAY THE
FOLLOWING THIRTEEN COURSES: 92.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 1482.60 FEET, AN INTERIOR ANGLE OF 03 °34'57" AND A CHORD
WHICH BEARS S 77 0 14'53" W 92.68 FEET; THENCE S 75 °2724" W 2316.14 FEET; THENCE 578.72
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2813.98 FEET, AN
INTERIOR ANGLE OF 11 0 47'00" AND A CHORD WHICH BEARS S 81 0 20'54" W 577.70 FEET;
THENCE S 87 0 14'24" W 130.50 FEET; THENCE S 87 °14'24" W 1913.50 FEET; THENCE 788.22 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1859.86 FEET, AN
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INTERIOR ANGLE OF 24 0 16'56" AND A CHORD WHICH BEARS N 80 0 37'08° W 782.33 FEET TO
THE INTERSECTION OF SAID RAILROAD RIGHT -OF -WAY AND THE WEST LINE OF THE SE1/4
OF SAID SECTION 4; THENCE N 02 °01'08" E 53.14 FEET ALONG SAID WEST LINE; THENCE
DEPARTING SAID WEST LINE 72.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1809.86 FEET, AN INTERIOR ANGLE OF 02 0 18'22" AND A CHORD
WHICH BEARS N 66 0 45'47" W 72.84 FEET; THENCE N 65 0 36'36" W 1553.87 FEET TO A POINT ON
THE NORTHERLY LINE OF THE SW 1/4 SW 1/4 OF SAID SECTION 4;.THENCE N 89 °07'05" W
121.78 FEET ALONG SAID NORTHERLY LINE; THENCE DEPARTING SAID NORTHERLY LINE
1570.99 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING. A RADIUS OF 1848.86
FEET, AN INTERIOR ANGLE OF 48 °41'05" AND A CHORD WHICH BEARS N 39 °01'08" W 1524.15
FEET; THENCE N 14 0 40'36" W 240.71 FEET TO A POINT ON THE WESTERLY LINE OF THE
NW 1/4 OF SAID SECTION 4; THENCE N 02 °03'34" E 173.63 FEET ALONG SAID WESTERLY LINE;
THENCE DEPARTING SAID WESTERLY LINE N 14 0 40'36° W 288.49 FEET TO A POINT ON THE
SOUTHERLY RIGHT -OF -WAY OF THE STATE OF COLORADO DEPARTMENT OF HIGHWAYS
ROAD E; THENCE DEPARTING SAID RAILROAD RIGHT -OF -WAY ALONG SAID ROAD E THE
FOLLOWING THREE COURSES; N 78 °17'07 E 12.77 FEET; THENCE N 74 °05'37" E 220.50 FEET;
THENCE 141.56 FEET ALONG THE ARC OF A NON - TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 577.50 FEET; AN INTERIOR ANGLE OF 14 0 02'42" AND A CHORD WHICH BEARS N
59 0 15'48" E 141.21 FEET TO THE WESTERLY CORNER OF SAID TRACT.B, EDWARDS STATION;
THENCE DEPARTING SAID ROAD E S 53 0 56'09" E 399.82 FEET ALONG THE BOUNDARY OF
SAID TRACT B; THENCE N 36 °3544" E 513.40 FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A BRASS, CAP MONUMENT FOUND MARRING THE SOUTHWEST CORNER OF
SAID SECTION 3; THENCE N 08 °54'34" E 924.40 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N 88 0 37'38" W 111.37 FEET; THENCE S03'01' 10"W 0.69 FEET; THENCE 73.77 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 91.62 FEET, AN
INTERIOR ANGLE OF 46 °07'51" AND A CHORD WHICH BEARS
N 45 9 21'46" W 71.79 FEET; THENCE 77.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 214.87 FEET, AN INTERIOR ANGLE OF 20 0 46'27" AND A CHORD WHICH
BEARS N 13 0 14'47" W 77.48 FEET; THENCE S 89 0 51'34" E 15.97 FEET; THENCE N 02 0 50'57" E
60.02 FEET; THENCE S 89 0 38'32" E 59.33 FEET; THENCE
N 03 0 02'08" E 217.27 FEET; THENCE S 87 0 12'57" E 110.92 FEET; THENCE
S 02 W 399.46 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
BEGINNING AT A BRASS CAP MONUMENT FOUND MARKING THE SOUTHWEST CORNER OF
SAID SECTION 3; THENCE N 01'56'20" E 372.44 FEET ALONG THE WEST LINE OF SAID
SECTION 3 TO THE TRUE POINT OF BEGINNING; THENCE N 73 °34'23" W 133.64 FEET;
THENCE S 86 0 50'37" W. 119.00 FEET; THENCE S 65 °15'37" W 320.48 FEET; THENCE
N 20 0 30'37" W 75.56 FEET; THENCE S 75 °38'23" W 159.94 FEET; THENCE
N 13 0 49'37" W 110.20 FEET; THENCE N 77 °57'23" E 149.00 FEET; THENCE
N 19 0 57'37" W34.03 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF THE DENVER
AND RIO GRANDE WESTERN RAILROAD; THENCE ALONG SAID RIGHT -OF -WAY THE
FOLLOWING SIX COURSES; N 87'14'24" E 625.79 FEET; 599.28 FEET ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 2913.98 FEET, AN INTERIOR ANGLE OF 11 °47'00"
AND A CHORD WHICH BEARS N 81 0 20'54" E 598.23 FEET; THENCE N 75 °27'24" E 2316.14 FEET;
THENCE 444.01 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1382.60 FEET, AN INTERIOR ANGLE OF 18 0 24'00" AND A CHORD WHICH BEARS N 84 0 39'24" E
442.10 FEET; THENCE 382.47 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 5679.70 FEET, AN INTERIOR ANGLE OF 03 °51'30" AND A CHORD WHICH BEARS S
84 °12'51" E 382.40 FEET; THENCE 319.55 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 905.40 FEET, AN INTERIOR ANGLE OF 20 AND A CHORD
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WHICH BEARS S 72 0 10'26" E 317.90 FEET TO A POINT ON THE EASTERLY LINE OF THE SW1/4
SEl /4'OF SAID SECTION 3; THENCE S 01 °00'21" W 162.27 FEET LONG SAID EASTERLY LINE;
THENCE DEPARTING SAID EASTERLY LINE N 53 0 08'39" W 243.07 FEET; THENCE N 74 °14'39"
W 157.00 FEET; THENCE S 83 °48'40" W 379.60 FEET; THENCE S 67'2821".W 362 00 FEET;
THENCE S 40 0 57'21" W 312.00 FEET; THENCE S 65 °22'44" W 312.90 FEET; THENCE
N 79 0 04'39" W 234.00 FEET; THENCE S 79 °51'21" W 346.00 FEET; THENCE S 6447'14" W 677.87
FEET; THENCE N 89 °58'50" W 546.80 FEET; THENCE
S 79 0 36'00" W 328.96 FEET; THENCE N 62 °26'21" W 470.68 FEET; THENCE
S87 0 14'24" W 63.60 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 3; THENCE
S 01 W 80.00 FEET TO THE TRUE POINT OF BEGINNING,
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Exhibit III
BERRY CREEK /MILLER RANCH
PUD GUIDE AND LAND USE RESTRICTIONS
February 13, 2002
A. Purpose
This PUD Guide Plan sets forth the land uses and development standards for the Berry
Creek /Miller Ranch PUD. This Guide Plan defines the permitted uses of land, densities,
building height and bulk, and other development standards and regulations. The
regulations found in this Guide Plan shall supersede those of the Eagle County Land Use
Regulations. Where this Plan is silent the provisions of the Eagle County Land Use
Regulations shall govern.
This Plan is intended to further the goals of the Eagle County Master Plan and Land Use
Regulations by creating development parameters to ensure this property is attractive,
desirable, and suitable and to provide for adequate light, air, and access for emergency
services.
B. Development Review
The Preliminary Plan for Berry Creek /Miller Ranch creates large development tracts for
future development activities and projects that are not yet designed or detailed. The
Preliminary Plan provides for the development of Miller Ranch Road and conceptually
shows where access to this road may occur from individual tracts. Since building
designs, landscaping, and parking areas are not yet developed for these tracts; this
section shall establish the review process by which development applications on
individual tracts will occur. The purpose of this review process is to ensure that
development occurring on each of the tracts is consistent with the vision of the overall
PUD and Preliminary Plan.
1. School District Tracts B E F G and H.
The proposed development of such tracts shall be reviewed in accordance with
applicable sections of the Colorado Revised Statutes. Statutory provisions require
the School District to submit a site development plan to the Planning Commission
prior to construction of any structure or building. In addition to the type of
information and level of detail provided as part of the site development plan
required by Statute, the School District will provide engineering detail for those
elements of the site design which have potential off -site impacts, such as drainage
and points of access to public roads sufficient to enable the County Engineer to
review and provide recommendations to the Planning Commission.
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2. Recreation Tract C, Open Space Tracts I and J.
Prior to approval of any development activities or the issuance of a building permit
on Tracts C, I, and J, the Eagle County Planning Commission shall review and
make a recommendation to the Board of County Commissioners on the site -
specific development plan. After the close of the public hearing, the Planning
Commission shall recommend approval, approval with conditions, or disapproval
of the site - specific development plan. In its review of the site - specific development
plan, the Planning Commission shall consider the consistency of the plan with the
approved PUD Guide, preliminary plan, master circulation plan, and the master
drainage plan for the PUD.
The Board of County Commissioners shall review and approve the site - specific
development plan. After the close of the public hearing, the Board shall approve,
approve with conditions, or disapprove of the site - specific development plan. In
its review of the site - specific development plan, the Board shall consider the
consistency of the plan with the approved PUD Guide, preliminary plan, master
circulation plan, and the master drainage plan for the PUD.
A site - specific development plan shall identify the layout of buildings, roads and
parking areas, trails, landscape areas and other site features, landscape
irrigation, and grading and drainage improvements. The development plan shall
also include architectural design information sufficient to understand building
design, form, materials, and colors. The development plan should be drawn to a
scale and with engineering detail sufficient to allow for adequate review by the
Eagle County staff and the Eagle County Planning Commission, but not to the
level of detail required for a building permit or construction documentation.
3. Housing Tract D
A separate final plat for the housing tract, as provided in the Eagle County Land
Use Regulations, will be required prior to issuance of a building permit for
development within the tract.
Prior to or concurrent with the Board of County Commissioner's consideration of a
final plat for the Tract D, the Eagle County Planning Commission shall review and
make a recommendation to the Board of County Commissioners on the site -
specific development plan. After the close of the public hearing, the Planning
Commission shall recommend approval, approval with conditions, or disapproval
of the site - specific development plan. In its review of the site- specific development
plan, the Planning Commission shall consider the consistency of the plan with the
approved PUD Guide, preliminary plan, master circulation plan, and the master
drainage plan for the PUD.
The Board of County Commissioners shall review and approve the site - specific
development plan. After the close of the public hearing, the Board shall approve,
Berry Creek/Miller Ranch
PUD Guide
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approve with conditions, or disapprove of the site - specific development plan. In
its review of the site - specific development plan, the Board shall consider the
consistency of the plan with the approved PUD Guide, preliminary plan, master
circulation plan, and the master drainage plan for the PUD.
The site - specific development plan shall identify the final layout of buildings,
roads, and parking areas, landscape areas and other uses, landscape irrigation,
and grading and drainage improvements. The development plan shall also
include conceptual architectural design information sufficient to understand
building form, materials, and colors. The development plan should be drawn to a
scale and with preliminary plan level of engineering and other information
sufficient to allow for adequate review by the Eagle County Staff, the Eagle County
Planning Commission and the Board of County Commissioners.
The Eagle County Planning Commission and the Board of County Commissioners
will each hold a public hearing for consideration of the site - specific development
plan. This hearing shall be scheduled after notice is placed in a newspaper of
general circulation in Eagle County at least 10 days prior to the date of each of
the respective hearings.
4. Alternative Use — Tract A
If developed as an educational facility by either the School District or Colorado
Mountain College, the site - specific development review of this Tract as prescribed
in Section B. 1. above, shall be utilized. If developed for any other use or by any
party, the site - specific development review of this Tract as prescribed in Section
B.2. above shall be utilized.
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PUD Guide
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C. Existing Uses
A number of uses, activities and improvements on the property may not conform to the
allowable uses and development standards as established by this PUD Guide. Examples
of these existing uses include, but are not limited to, dwelling units, equestrian uses and
related facilities, livestock grazing, commercial nursery, and other uses. All uses in place
at the time of adoption of this PUD Guide may continue to operate and expand on the
property. Nothing in this PUD Guide shall be intended to discourage or prohibit the
continuation of these existing uses.
D. Land Uses and Development Standards
The following allowable uses, densities, dimensional limitations and other development
standards shall apply to tracts within the BC /MR PUD:
1. Tract A — Alternative Use
Purpose: To provide sites for collegiate facilities and other
related educational, learning and training facilities and
campuses.
Permitted Uses: Colleges
Customary college campus facilities
Dormitories
Learning centers and classrooms
Libraries
Community facilities and centers
Senior centers
Office /administrative buildings
Childcare facilities
Tra nsit/Pa rk- n- ride facilities
Recreation facilities
Trails
Other educational or educational related uses or other
uses accessory to or customarily incidental to the
operation of schools and colleges.
Dimensional Limitations: Minimum Lot Area: No Limitation
Minimum Setbacks: 20' from perimeter lot lines
Maximum Lot Coverage:
Buildings: 50% of entire tract
All Impervious Mat.: 80% of entire tract
Maximum Floor Area: No Limitation
Building Height: 45'
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PUD Guide
Parking:
2. Tract C - Recreation
The number and design of on -site parking shall be
established during the review of site - specific
development proposals.
Purpose: To provide sites for indoor and outdoor recreation,
including active and passive recreation areas, parking
facilities, and other community- oriented facilities.
Permitted Uses: Sports Fields
Gymnasiums
Recreation Centers
Community Centers, including senior centers
Ball fields and hard court areas
Skate parks
Parks and playgrounds
Picnic areas
Trails
Childcare Facilities
Transit /Park -n -Ride Facilities
Education and Arts Facilities
Indoor and Outdoor Swimming Pool Facilities
Indoor and Outdoor Ice /Hockey Rinks
Other similar indoor and outdoor recreation facilities
Other public /quasi - public facilities compatible with
other existing and proposed uses
Utility Facilities
Dimensional Limitations: Minimum Lot Area
Minimum Setbacks:
Maximum Lot Coverage:
Buildings:
All Impervious Mat.:
Maximum Floor Area:
Building Height:
No Limitation
20' from perimeter lot lines
50% of entire tract
80% of entire tract
No Limitation
45'
Parking: The number and design of on -site parking shall be
established during the review of site - specific
development proposals.
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PUD Guide
3. Tracts B E F G and H- School Facilities
Purpose: To provide sites for schools and other education
related facilities along with other accessory uses
customarily related to school facilities.
Permitted Uses: High Schools
Elementary Schools
Middle Schools
Learning Centers
College Facilities
Recreation Facilities
Trails
Childcare facilities
Tra nsit/Pa rk- n- Ride facilities
Other educational related facilities or uses as the
School District determines appropriate and as may be
permissible within the provisions of Colorado State
Statutes relative to the operation of school districts.
Dimensional Limitations: There are no dimensional limitations on school district
tracts.
Additional dimensional limitations for development on
this site may be established during the review of a site -
specific development plan. Given the unique nature of
the community uses envisioned, maximum flexibility
with dimensional limitations shall be afforded without
compromising light, air, and fire department access.
Parking: The number and design of on -site parking shall be
established during the review of site - specific
development proposals.
4. Tract D - Housing
Purpose: To provide sites for the development of residential
dwelling units and employee dwelling units at a variety
of densities and in a variety of potential
configurations.
Permitted Uses: Single- Family Residential Dwelling Units
Two - Family Residential Dwelling Units
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Townhomes
Multiple - Family Residential Dwelling Units
Seasonal Employee Housing Units
Garages and carports
Childcare facilities
Community facilities and centers
Churches
Parks and recreation facilities
Transit facilities
Temporary real estate sales office
Accessory uses compatible with and appurtenant to
permitted uses
Density: Overall residential density for Tract D shall not exceed
10 dwelling units per acre.
Dimensional Limitations:
LAND USE
MIN.
LOT
AREA /
UNIT
% LOT
COVERAGE
MAX
HEIGHT
SETBACKS
FRONT
Int. SIDE
SIDE on
STREET
REAR
PORCH
Single Family Detached
3400
50%
35'
10'
5'/ 0'*
5'
4'
5'
Corner Duplexes
2000
50%
35'
10'
5'/ 0'*
5'
4'
5'
Row Houses
1800
75%
35'
8'
0' or 5'
5'
4'
3'
Lofts (multi-family)
N/A
40%
45'
12'
10'
10'
4'
5'
Community Facility
N/A
1 50%
1 35°
1 20'
1 20'
20' 1
10'
10'
* Zero (0') setback applies only to garages.
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Parking: Given the unique nature of the proposed affordable
housing development and the neo- traditional /new
urbanism design approach, parking will be provided
in a variety of configurations and locations. The
overall parking requirement (pursuant to Table 4 -120
of the County Development Standards) for this tract
will be provided by a combination of on -site parking
(surface and within garages), as well as off -site
parking along designated roadways. The total
number of spaces to be provided and the design and
location of said spaces will be determined during the
development review process as outlined in Section B.
3. of this Guide.
5. Open Space - Tracts I and J
Purpose: To provide sites for limited, passive recreation uses
and activities that preserve and protect the
environmental characteristics of open space areas.
Open space areas are intended to remain in a
predominantly natural condition.
Permitted Uses: Trails
Trailhead parking
Roads and related improvements
River access and fishing facilities
Environmental education activities
Shelters, gazebos, and river overlooks
Utility facilities
Drainage facilities
Irrigation ditches, head gates, pumping and related
facilities
Dimensional Limitations: The dimensional limitations for development on this
site shall be established during the review of a site -
specific development plan. Given the unique nature
of the community uses envisioned, maximum flexibility
with dimensional limitations shall be afforded without
compromising light, air, and fire department access.
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PUD Guide
E. Design Guidelines
1. Purpose and Intent
Development within BC /MR will be initiated by a variety of different entities and
will accommodate a variety of different uses, buildings and facilities. In order to
provide a framework to guide the design and development of such improvements
and to establish a degree of continuity and consistency in the built environment
throughout the property, design guidelines for Berry Creek /Miller Ranch will be
established. It is not the intention of these Guidelines to require all buildings to
look the same or to utilize the same materials. Rather, the purpose of these
Guidelines will be to encourage a harmony in the architecture and landscape
design throughout the PUD. Further, the Guidelines will establish a process for the
review of all improvements and a minimum set of design standards that will be
applied to all future improvements.
2. Establishment of Guidelines and Design Review Committee
Prior to the issuance of a building permit or other permit that may be required for
the construction of any new building or structure, a design review committee (DRC)
shall be established and a comprehensive set of design guidelines shall be
adopted by said committee. The DRC shall consist of five (5) members as
appointed by the School District and Eagle County. Two (2) members shall be
representatives appointed by the School District, two (2) representatives shall be
appointed by the County, and one member shall be a citizen of the Edwards area
appointed jointly by the District and the County. The DRC shall be provided staff
support as deemed necessary.
The DRC shall be responsible for adopting design guidelines for BC /MR, for
reviewing development applications proposed within the PUD, and for other tasks
as may be outlined in the Design Guidelines.
3. Contents of Design Guidelines
The following is a general indication of the type and extent of design
considerations to be addressed by the Design Guidelines:
Site Planning Considerations
• Relationship between buildings and between buildings and parking areas,
open spaces, etc.
• Design /arrangement of parking areas, loading areas, etc.
• Building orientation to adjoining streets, trails, etc.
• Pedestrian connections /linkages between uses
• Public spaces
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Landscape Design Considerations
• Treatment of public spaces
• Features to highlight /define entries
• Features to provide screening /buffers
• Features to define spaces
• Plant materials, sizes, quantities, etc.
• Walls and fencing
• Lighting
• Signage
Architectural Considerations
• Architectural style
• Building massing /roof heights
• Building materials
• Offsets /reveals /projections /etc.
• Building entries
• Facades /fenestration
• Architectural details
F. Wildlife Mitigation
In order to minimize the impact of development within Berry Creek /Miller Ranch,
the following measures shall be implemented:
1. There shall be no outdoor storage of trash or garbage unless such storage
is within a "bear- proof" container as certified by the North American Bear
Society, the National Park Service or the Colorado Division of Wildlife.
2. All construction sites shall utilize bear -proof trash receptacles for any refuse
associated with food or drink.
3. Outside feeding of pets shall be prohibited.
4. With the exception of bird feeders, the feeding, baiting, salting, or other
means of attaching wildlife shall be prohibited.
5. Within Open Space Tracts I and J, dogs shall be kept on a leash at all
times.
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G. Open Space Management
Tracts I and J have been designated Open Space in part due to the visual quality
and environmental sensitivity of this portion of the Berry Creek /Miller Ranch PUD.
The purpose of this land use designation is to protect and preserve the
environmental characteristics of this portion of the PUD while allowing for limited
passive recreation use. In order to ensure proper management and maintenance
of these tracts, an open space management plan shall be prepared and approved
by the Eagle County Board of County Commissioners. Said plan shall address,
but not be limited to the following:
• Establishing parameters for the use, location and design of any trail or trail
system that may be developed within Tracts I and J,
• Seasonal closures as may be necessary to minimize impacts on wildlife,
• The use, location and design of any vehicular parking areas,
• Dog control,
• Vegetation control, and
• Fishing regulations, re: river access, etc.
It is anticipated that upon approval of a final plat for Berry Creek /Miller Ranch,
the ownership of Tracts I and J will be conveyed to Eagle County. An open space
management plan as generally described above shall be in place prior to or
concurrent with approval of the final plat for Berry Creek /Miller Ranch.
H. Illumination
The purpose of this section is to establish standards for controlling illumination to
prevent intense glare or direct illumination that could create a nuisance, detract
from the use or enjoyment of adjoining property or cause traffic hazards to
motorists.
Parking lot lighting, street lighting and architectural lighting shall utilize
"concealed source" light fixtures. Such fixtures shall be designed and located so
as to not cast glare directly onto adjacent properties. The use of Low Pressure
Sodium lamps is encouraged. Streetlights and parking lot lights are encouraged
to be no more than 20' off the ground.
The design and location of any lighting proposed for outdoor athletic fields and
related recreation facilities shall be considered during the development review of
individual development tracts in accordance with Section B. above.
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PUD Guide
I. Noise, Odor and Air Quality
All recreation and education uses within Berry Creek /Miller Ranch shall conform to
noise and vibration standards as prescribed by section 4.520 Noise and Vibration
Standards of the Eagle County Land Use Regulations.
The installation or use of wood burning devices (fireplaces, stoves) within the PUD
is prohibited.
Signs
All signs shall conform with the Eagle County Sign Standards as prescribed by the
Land Use Regulations, provided, however, that the following signs shall be
permitted:
1. Up to three (3) ground mounted project -entry signs along Miller Ranch
Road shall be permitted. Such signs shall be a maximum of thirty -two (32)
square feet in size and eight (8) feet in height.
2. One ground mounted project -entry sign for each vehicular entry point shall
be permitted for each individual development tract. Such signs shall be a
maximum of thirty -two (32) square feet in size and eight (8) feet in height.
3. Individual non - residential buildings shall be permitted one wall sign of up
to twenty (20) square feet for each major entry.
Notwithstanding the above, at the owner's discretion the owner's of Berry
Creek /Miller Ranch may submit a comprehensive sign plan for review by Eagle
County. Upon approval, this plan shall control and regulate all signs within the
PUD.
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