HomeMy WebLinkAboutR02-074 site specific development plan for Berry Creek/Miller Ranch(7f
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Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 -
APPROVAL OF THE A SITE SPECIFIC DEVELOPMENT PLAN
FOR THE HOUSING TRACT D OF THE BERRY CREEK / MILLER RANCH
PLANNED UNIT DEVELOPMENT
FILE NO. PR -00018
WHEREAS, on or about 7 March 2002, the County of Eagle, State of Colorado,
accepted for filing an application submitted by ASW Realty Partners LLC (hereinafter
"Applicant ") for approval of a Site Specific Development Plan for Tract D of the Berry Creek /
Miller Ranch Planned Unit Development, File No. PR- 00018; and,
WHEREAS, the Applicant requested the approval of a Site Specific Development Plan
which would allow for the development as follows:
A residential development within the Berry Creek / Miller Ranch PUD which includes a
mix of housing types in a New Urbanism site design featuring a grid street pattern, alleys,
restricted front yard vehicular access, on street parking, sidewalks, and tree -lined streets.
The proposed 282 unit development, which is to be built in three phases, will include 69
single family homes, 64 duplex homes, 49 rowhouse homes, and 100 "mill lofts ". Access
to the residential development is from Miller Ranch Road which is to be constructed
during the summer of 2002. Water will be provided by the Berry Creek Metro District
and the Edwards Metro District. Wastewater treatment services will be provided by the
Eagle River Water & Sanitation District..
WHEREAS, notice of the Site Specific Development Plan was given to all proper
agencies and departments as required by the Berry Creek/ Miller Ranch PUD Guide and Land
Use Restrictions, dated 13 February 2002; and,
WHEREAS, at its public hearing held 3 April 2002, the Eagle County Planning
Commission, based upon its findings, recommended denial of the proposed Site Specific
Development Plan; and
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WHEREAS, at its regular hearing of 30 April 2002 the Eagle County Board of
Commissioners (hereinafter 'Board "), considered the Site Specific Development 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 Planning Commission.
BASED ON THE EVIDENCE BEFORE IT, and with the modifications
imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS:
Pursuant to the Berry Creek /Miller Ranch PUD Guide and Land Use Restrictions,
dated 13 February 2002, Section B.3., Development Review — Housing Tract D :
Consistency with the PUD Guide [PUD Guide, Section B.3.] — The development
occurring on this Tract is consistent with the PUD Guide.
2. Consistency with the PUD Preliminary Plan [PUD Guide, Section B.3.] — The
development occurring on this Tract is consistent with the PUD Preliminary Plan.
3. Consistency with the Master Circulation Plan [PUD Guide, Section B.3.] — The
development occurring on this Tract is consistent with the Master Circulation
Plan.
4. Consistency with the Master Drainage Plan [PUD Guide, Section B.3.] — The
development occurring on this Tract is consistent with the Master Drainage Plan.
Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for
the review of a Sketch PUD:
5. Unified ownership or control. [Section 5- 240.F.3.e (1)] — While the title to all
land that is part of the development 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.
6. Uses. [Section 5- 240.F.3.e (2)] - The uses that are proposed in the development
are those uses that are designated as uses that are allowed, allowed as a special use
or allowed as a limited use in the PUD Preliminary Plan and the PUD Guide.
7. Dimensional Limitations. [Section 5- 240.F.3.e (3)] — The development does
conform to the dimensional limitations approved as part of the Berry Creek /
Miller Ranch PUD and as set forth in the PUD Guide.
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8. 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 development
complies with the standards of Article 4, Division 1, Off - Street Parking an d
Loading Standards and the PUD Guide.
9. Landscaping. [Section 5- 240.F.3.e (5)] - It has been demonstrated that the
landscaping proposed for the development complies with the standards of Article
4, Division 2, Landscaping and Illumination Standards and the PUD Guide.
10. Signs. [Section 5- 240.F.3.e (6)] - The signs within the development will be as
specified in Article 4, Division 3, Sign Regulations as modified by the PUD
Guide.
11. Adequate Facilities. [Section 5- 240.F.3.e (7)] - It has been demonstrated that the
development 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.
12. 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 and as approved as variations
from improvement standards per Eagle County File No. VIS -0015.
13. Compatibility With Surrounding Land Uses. [Section 5- 240.F.3.e (9)] - The
proposed development is compatible with the character of surrounding land uses.
14. Consistency with Master Plan. [Section 5- 240.F.3.e (10)] - The development is
consistent with the Master Plan, including, but not limited to, the Future Land Use
Map (FLUM).
15. Phasing Section 5- 240.F.3.e (11) - A phasing plan has been provided for the
development.
16. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] - The applicant
has demonstrated that the development will include adequate common recreation
and open space.
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17. Natural Resource Protection. [Section 5- 240.F.3.e (13)] - The proposed
development 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 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:
18. Consistent with Master Plan. [Section 5- 280.B.3.e (1)] - The development is
consistent with the Master Plan, and it is consistent with the Future Land Use
Map (FLUM).
19. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - With the
recommended conditions, it is been demonstrated that the proposed development
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
20. Spatial Pattern Shall Be Efficient. [Section 5- 280.B.3.e (3)] - The proposed
development 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.
21. Suitability for Development. [Section 5- 280.B.3.e (4)] - The property proposed to
be developed 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.
22. Compatible With Surrounding Uses. [Section 5- 280.B.3.e (5)] - The proposed
development is compatible with the character of existing land uses in the area and
shall not adversely affect the future development of the surrounding area.
23. Feasibility of incorporating energy efficient design and construction practices
into the development of the project. The Applicants has demonstrated a
commitment to exploring the feasibility of incorporating energy efficient design
and construction practices into the development of the project.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the petition of ASW Realty Partners LLC, File No. PR- 00018, for approval of a
Site Specific Development Plan for the Housing Tract D of the Berry Creek / Miller Ranch PUD
be and is hereby approved, subject to the following conditions:
All illumination within the Housing Tract conform to the requirements of the
Land Use Regulations, including the mandated and recommended parameters of
the PUD Guide with respect to design, location, type and height of fixtures.
2. Parcel 1 of Tract D, which has an allowable use for a Child Care / Community
Center Facility, be required to come back before the Planning Commission and
the Board for its own site specific review process.
Except as otherwise modified by these conditions, all material representations of
the Applicant in this application and in all public meetings shall be adhered to and
be considered conditions of approval.
THAT, the Berry Creek Site Plan, dated April 30, 2002, attached hereto as Exhibit I is
approved;
THAT, the Berry Creek Neighborhood Typical Street Elevation, dated April 30, 2002,
attached hereto as Exhibit II is approved.
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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held thg3&( day of� 2002,
nunc pro tunc to the 30` day of April 2002.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
BY: < 1�� K��
Tom C. Stone, Commissioner
Commissione seconded adoption of the foregoing resolution. The roll having
been called, the ote was as follows:
Commissioner Michael L. Gallagher
Commissioner Am M. Menconi
Commissioner Tom C. Stone Q�L
This Resolution passed by cS' C� vote of the Board of County Commissioner of the County of
Eagle, State of Colorado.
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Arn M. Menconi, Commissioner