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HomeMy WebLinkAboutR08-011 Crawford/Eagle Crest Nursery Parcel PUD Sketch/Preliminary Approval EAGLE COUNTY. CO 200803276 TEAK J SIMONTON Pgs: 11 02:38:26PM 02115/2008 REC: $0.09 DOC: $ II I I II III 1111 III II I L ' I Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2008 - 0 t APPROVAL OF THE CRAWFORD/EAGLE CREST NURSERY PARCEL PLANNED UNIT DEVELOPMENT SKETCH/PRELIMINARY PLAN AND ZONE CHANGE FILE NO. PDSP- 00026; ZC -00088 WHEREAS, on or about August 27 , 2007, the County of Eagle, State of Colorado, accepted for filing an application submitted by Crawford Properties LLC (hereinafter "Applicant ") for approval of a xh; Planned Unit Development Sketch/Preliminary Plan and Zone Change for the Crawford/Eagle Crest %.4:7` Nursery Parcel Planned Unit Development, File No. PDSP -00026 and ZC- 00088; and, WHEREAS, the Applicant requested approval of the Crawford/Eagle Crest Nursery Parcel PUD (the "Sketch/Preliminary Plan") and Zone Change which would allow the creation of a PUD on a approximately 9.3 acre parcel (of a total 39.3 acre parcel) in El Jebel (see attached Exhibit "A "); and WHEREAS, the applicant wishes to create a PUD to allow the existing Nursery operations on the 9.3 acre parcel and to remodel the sales /office building. The applicant proposed 14,000 sq. ft. of commercial retail/office space on first and second levels of the proposed development. Proposed commercial uses include but are not limited to the following: nursery/garden center; storage of trees, soil, mulch, landscaping construction material; plants to be propagated and grown; retail sale of projects related to gardens; sale of live and artificial Christmas trees and related items such as lights, ornaments and decorations; sale and construction of garden structures such as pergolas and gazebos; counter or cart for sales of snacks and beverages; display ponds and gardens; equipment sales and repair for mowers, lawn tractors, snow removal equipment, etc; playground area and equipment; greenhouse structures; pet supplies; farmers market; and WHEREAS, the existing, underlying properties are currently zoned Residential Suburban Medium Density Zone District, prior to this zone change approval for Planned Unit Development (PUD); and WHEREAS, the development will occur within one (1) planning area, and is slated for development in one (1) phase; and WHEREAS, attached to this resolution is the approved Crawford/Eagle Crest Nursery Parcel PUD Guide (Exhibit `B "); and Page 1 of 7 WHEREAS, notice of the combined PUD Sketch/Preliminary Plan and Zone Change 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 heazing held October 18, 2007; the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended APPROVAL with conditions of the proposed PUD Sketch/PreliminaryPlan and APPROVAL of the companion Zone Change; and WHEREAS, one public hearing were held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on October 30 ,2007 in order to cazefully consider this PUD Sketch/Preliminary Plan and Zone Change application and based upon the findings, APPROVED with conditions the proposed PUD Sketch/Preliminary Plan; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated azeas 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 $oazd of County Commissioners of the County of Eagle, State of Colorado, 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 Boadd. 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 this PUD IS owned or controlled by one (1) person and/or entity. (2) Uses. The uses that maybe developed in the PUD ARE uses that aze designated as uses that aze allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The majority of residential uses ARE uses allowed in the Residential Suburban Medium Density (RSM) zone district; however, the commercial/industrial uses ARE NOT currently permitted in the underlying RSM zone district.. An itemized list of all Variations for the Board's consideration has been submitted, analyzed and APPROVED; the current use variations were decidedly acceptable. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified under the existing zoning; however, the Boadd of County Commissioners has APPROVED the Variations for this Sketch/Preliminary Plan. (4) Off-Street Parking and Loading. The applicant HA5 demonstrated that off-street parking and loading provided in the PUD CAN sufficiently comply with the standards of Article 4, Division 1, Off-Street Pazking and Loading Standards, with an approved parking easement with the adjacent pazcel. (5) Landscaping. It HAS been sufficiently demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Stnadazds. Page 2 of 7 (~ Signs The sign standazds applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. (~ Adequate Facilities The Applicant HAS demonstrated that the development proposed in this Sketch/Preliminary Plan for PUD will be provided adequate facilities for solid waste disposal. The applicant HAS demonstrated that the development proposed in the Sketch/Preliminary Plan for PUD will have adequate facilities for potable water and sewage disposal. It HAS BEEN demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements It HAS been demonstrated that the improvements standazds applicable to the development will be as specified in Article 4, Division 6, Improvements Standazds regarding: (a) Safe, Efficient Access; (b) Internal Pathways; (c) Emergency Vehicles; (d) Principal Access Points; (e) Snow Storage, by the Boazd of County Commissioners with this Sketch/Preliminary Plan. (9) Compatibility with Surrounding Land Uses All aspects of the development proposed for the PUD ARE sufficiently compatible with the chazacter of surrounding land uses. (10) Consistent with Master Plan. The proposed Sketch/Preliminary Plan IS sufficiently consistent with all stated purposes, goals, objectives and policies of applicable master plans. (11) Phasing. A phasing plan IS NOT necessary for this development (as it will be developed in one (1) phase, and has been included with the Sketch/Preliminary Plan. (12) Common Recreation and Open Space. The PUD HAS sufficiently demonstrated that the proposed development will comply with the common recreation and open space standazds with respect to: (a) Minimum azea; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resource Protection. 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 Standazds, have been considered in the design. 3. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch/Preliminary Plan for Subdivision: (1) Consistency with Comprehensive Plan. The proposed Sketch/Preliminary Plan IS sufficiently consistent with stated purposes, goals, objectives and policies of applicable master plans. (Z) Consistency with Land Use Regulations. The Applicant HAS fully demonstrated that the proposed subdivision fully complies with all of the standazds of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the Page 3 of 7 applicable standazds of Article 3, Zone Districts, and Article 4, Site Development Stnadazds, by the Board of County Commissioners with this Sketch/Preliminary Plan (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. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions aze consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served azea. (4) Suitability for Development. The property to be subdivided IS suitable for development, considering its topography, environmental resources and natural or human made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (S7 Compatibility with Surrounding Uses. The proposed subdivision IS sufficiently compatible with the chazacter of existing land uses in the azea and SHALL NOT adversely affect the future development of the surrounding azea. 4. Pursuant to Eagle County Land Use Regulations Section 5-230.D. Standards for the review of a Zone Change: (1) Consistent with Comprehensive Plan. The proposed amendment DOES consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and IS sufficiently consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations. (2) Compatible with surrounding nses. The proposal provides ARE sufficiently compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property. The dimensional limitations of the proposed zone district, when applied, DO result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. (3) Public Benefit. The proposal DOES sufficiently address a demonstrated community need or otherwise results in one or more particulaz public benefit that offset the impacts of the proposed uses requested, including but not limited to: affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; and infrastructure improvements. Page 4 of 7 (4) Change of Circumstances. The proposal DOES sufficiently address or respond to a beneficial material change that has occurred to the immediate neighborhood or, to the greater Eagle County community. (5~ Adequate Infrastructure. The property subject to the proposal IS sufficiently served by adequate roads, water, sewer and other public use facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Sketch/Preliminary Plan for the Crawford/Eagle Crest Nursery PUD, File No. PDSP-000256/SMA-00030 be, and is hereby approved with the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval; 2. A Drainage and Grading Plan must be submitted and approved by the County Engineering department prior to building permit issuance. 3. A Maintenance Plan and/or agreement for Gillespie Drive must be submitted and approved by the County Engineering Department prior to building permit issuance. 4. The number of required parking spaces shall total seventy-five (75) and will be shown on the approved site plan. 5. A parking easement on the adjacent property shall be in place for employee and overflow parking prior to building permit issuance. 6. Snow storage areas must be located on site plan. 7. A dust suppression plan must be submitted to the County Environmental Health Department prior to the issuance of either a grading or building permit 8. A Hazardous Materials Management Plan - as it pertains to storage of hazardous materials - shall be shown on building plans and approved by the County Environmental Health Department; prior to building permit issuance. 9. All comments from the Basalt & Rural Fire Protection District letter dated September 24, 2007, and email and letter dated October 12, 2007, must be adhered to and considered conditions with the approval of this PUD. This includes implementation of the looping of the water lines to the hydrants located near the nursery; prior to building permit issuance. THAT, the Zone Change for the Crawford/Eagle Crest Nursery PUD, File No. ZC-00088 be, and is also hereby approved. THAT, the Sketch/ Preliminary Plan including all attached Exhibits, submitted under this application and hereby approved, does constitute a "site specific development plan" as that phrase is defined and used in C.R.S. Section 24-68-101, et seq., creating rights as provided under Colorado law. Page 5 of 7 THAT the Board fiuther finds, determines and declares that this Resolution is necessary for the health, safety and welfaze of the inhabitants of the County of Eagle, State of Colorado. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. MOVED, READ AND ADOPTED by the Board of County Co ' sinners of the County of Eagle, State of Colorado, at its regulaz meeting held this~day of 2008, nunc pro tunc to the 5~` day of February, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and s BOARD OF COUNTY COMMISSIONERS ATTEST: ~ °~ BY: ~ BY: Teak J. Simonton * * Peter F. Runyon, Chair Clerk to the Boazd of c°~oaA°° ~ County Commissioners BY: az~. ~~h ,Commissioner BY: Menconi, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon ~~_ Commissioner Saza J. Fisher Q-~/ Commissioner Arn M. Menconi~ `-~> . This Resolution passed by vote of the Boazd of County Commissioner of the County of Eagle, State of Colors o. Page 6 of 7 0 EXHIBIT ~~ c L O Z - 64T0 The Land Studio P.O. Box 107 Basalt, CO 81621 (970)927-3690 (fax927-4261) landstudio2@comcast.net Crest Nursery Parcel El Jebel, Colorado EXHIBR PUD GUIDE for CRAWFORD REESE PARCEL in EAGLE COUNTY I. PURPOSE/GENERAL PROVISIONS A. PURPOSE This PUD Guide sets forth land uses and development in the unincorporated area of the County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height; provides regulations for uses permitted therein and accessory buildings and uses; and provides additional supplementary regulations. Eagle Crest Nursery is a 9.39 acre parcel of land suitable for use as a Nursery/Garden Supply facility. B. GENERAL PROVISIONS 1. Control Over Use After the effective date of approval of this PUD Guide: a. ay new building or other structure may be used; b. The use of any existing building or other structure may be changed or extended; and 2. Control Over Location and Bulk After the effective date of this PUD Guide the location and bulk of all building and other structures, existing and future shall be in conformity with: a. All standards and requirements set forth or referred to in the standards and requirements for the area in which such buildings and other structures are located; and b. Where the PUD Guide falls silent, and the Eagle County Land Use Regulations shall control. 3. Control Over Location and Bulk 4. Maintenance: All maintenance of roads, parking areas and pedestrian walks will be the responsibility of the Nursery or Garden Center staff and or owners of the properties. C. Definitions: Display ponds and gardens means a man made body of water which may or may not hold fish and plants, created as a display for flowers, plants, or other garden ornaments. Nursery/Garden Center - means a retail sales business for the sale of products related to gardens such as plants, compost, statues, pots, fertilizers, garden ornaments and patio furniture as well as trees, shrubs, and flowers. Pet Supplies means supplies, such as food and accessories for pets. Storage Building means a structure used for the storage of mechanical equipment, tools, vehicles, surplus materials and plants. II. ASSIGNED LAND USE DESIGNATIONS The following identifies the Planning area within the Eagle Crest Nursery PUD and the respective land use designation. Planning Area Gross Acreage N/GC -Nursery/Garden Center 9.39 III. LAND USE DESIGNATION/DEVELOPMENT STANDARDS A. PLANNING AREA N/GC -Nursery/Garden Center Purpose To allow for the continued use and future development of a nursery/garden center for retail sales. 2. Permitted Uses a. Storage of trees, soil, mulch, landscaping construction matenals (stone, pavers, rock), etc as well the construction of garages to accommodate storage of heavy machinery and office functions related to the operation of the business. ~ • 6 i b. Plants may be propagated and grown to usable size. c. Retail sale of products related to gardens such as plants, compost, statues, pots, fertilizers, garden ornaments and patio furniture d. Sale of live and artificial Christmas trees and related items such as lights, ornaments and decorations. e. Sale and construction of garden structures such as Pergolas and Gazebos. f. Counter or cart for sales of snacks and beverages. Such as but not limited to Christmas cookies, coffee, hot chocolate. g. Display ponds and gardens. h. Equipment sales and repair for mowers, lawn tractors, snow removal equipment, etc. i. Playground area and equipment. j. Greenhouse structures. k. Pet supplies. 1. Farmers mazket. 3. Development Standards a. Maximum Floor Area -14,000 sq. ft for main sales/retail building with offices and restrooms. b. Maximum Storage Building Floor Area - 8,000 sq. ft. to include gazages, and sheds. c. Setbacks: Minimum Front Yard Setback: Collector Street: 25' Local Street: 25' Minimum Rear Yard Setback: 20' Minimum Side Yard Setback: 12.5' d. Maximum building height: 30 feet e. Parking: Minimum number of off street parking spaces: 50 f. Storage/Trash: All trash containers shall be approved wildlife proof containers as recommended by the Division of Wildlife. All trash receptacles must be enclosed and screened from view. g. Fences: Maximum Height: 8' on side or rear property line 6' in all other areas 4. Plat/Filing Land Use Desi ng ation Nursery/Garden Center B. PUD SIGN CODE/LIGHTING SIGNS: Any illuminated sign shall be shaded, shielded or directed to not cause glare or otherwise adversely impact any residential area. An sign for the Nursery/Garden Center shall not exceed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two (32) feet and one-third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty-two (32) feet. In no case shall the total sign area exceed a maximum of sixty-four (64) square feet, per street frontage. No sign shall extend above the planes formed by intersecting imaginary lines from the lot lines to the setback lines, at a height of twenty-five (25) feet, or to the top of the tallest building on the lot, whichever is greater. The truncated pyramid formed by these planes is the height/setback limit. LIGHTING: Exterior illumination shall not cast glare directly onto adjacent properties. Streetlights used for illumination of public ways shall be 20 feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag and monument lighting, illumination of trees, bushes, etc.) shall be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries.