HomeMy WebLinkAboutR08-127 Bair Family Subdivision Sketch Plan Approval EAGLE COUNTY. CO 200826644
TEAK J SIMONTON
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Commissioner S moved adoption
of the following Resolution:
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BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2008- (v1
APPROVAL OF A SKETCH PLAN
FOR THE BAIR FAMILY SUBDIVISION
PLANNED UNIT DEVELOPMENT
FILE NO. PDS -00054
WHEREAS, on or about June 12, 2006 the County of Eagle, State of Colorado, accepted for
filing a PUD Sketch Plan application submitted by Virginia and Lowell Bair (hereinafter
"Applicant "); and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development
(PUD) Sketch Plan which would allow development as follows:
To subdivide the 10.37 -acre; `Agricultural Residential' zoned property into six (6) single -
family residential lots ranging from 0.365 acres to 0.587 acres in size and a 7.88 -acre
common open space parcel (one dwelling unit per 1.73 acres). One of the six lots
proposed encompasses an existing single - family residence.
WHEREAS, at its public hearings held on September 4, 2008 and September 16, 2008 the
Eagle County Planning Commission, based on its findings, recommended approval of the proposed
PUD Sketch Plan; and,
WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter
the "Boa i ") of the County of Eagle, State of Colorado, on September 30, 2008.
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado, finds as follows:
That proper publication and public notice were provided as required by law for hearings
before the Planning Commission and the Board; and,
Page 1 of 8
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:
Unified ownership or controk [Section 5-240.F.3.e (1)]
The title to all land that is part of this PUD IS owned or controlled by one (1) entity.
Uses. [Section 5-240.F.3.e (2)]
The uses that may be developed in the PUD ARE 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.
Dimensional Limitations. [Section 5-240.F.3.e (3)]
All of the dimensional limitations defined with this PUD ARE consistent with those specified in
Table 3-340, "Schedule of Dimensional Limitations", for the Resource zone district designation.
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 PUD complies with
the standards of Article 4, Division 1, Off-Street Parking and Loading Standards.
Landscaping. [Section 5-240.F.3.e (5)]
Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2,
Landscaping and Illumination Standards.
Signs. [Section 5-240.F.3.e (6)]
The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sim
Regulations or have been modified in the PUD to meet the intent of providing appropriate
signage for the PUD.
Adequate Facilities. [Section 5-240.F.3.e (7)]
The Applicant HAS clearly demonstrated that the development as depicted in the Preliminary
Plan for PUD will be provided adequate facilities for electrical supply, solid waste disposal, fire
protection, schools, and police and emergency provisions; as conditioned, adequate roads will be
provided as well.
Improvements. [Section 5-240.F.3.e (8)]
It HAS been clearly demonstrated that the improvements standards applicable to the
development will be as specified in Article 4, Division 6, I~rovements Standards regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage.
Page 2 of 8
Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)]
The development area of this PUD IS compatible with the character of surrounding land uses.
Consistency with Master Plan. [Section 5-240.~'.3.e (10)]
As conditioned, this PUD IS consistent with the Master Plan, including, but not limited to, the
Future Land Use Map (FLUM).
Phasing. Section 5-240.F.3.e (11)
A phasing plan IS NOT NECESSARY for this development.
Common Recreation and Open Space. [Section 5-240.F.3.e (12)]
The PUD HAS demonstrated that compliance with the common recreation and open space
standards with respect to:
(a) Minimum area;
(b) Improvements required;
(c) Continuing use and maintenance;
(d) Organization.
Natural Resource Protection. [Section 5-240.F.3.e (13)]
The PUD does incorporate many elements designed to protect natural resources pursuant to the
recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource
Protection Standards. All referral responses and studies submitted HAVE been fully considered.
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:
Consistency with Comprehensive Plan. The PUD IS consistent with the Eagle County
Comprehensive Plan and the Future Land Use Map (FLUM) of the Comprehensive Plan.
Consistent with Land Use Regulations. The proposed subdivision DOES 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 Develo ment
Standards.
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.
Suitability for Development The property proposed to be subdivided is suitable for development,
considering its topography, environmental resources and natural or man-made hazards that may
Page 3 of 8
affect the potential development of the properly, and existing and probable future public
improvements to the area.
Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character
of existing land uses in the area, and SHALL 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, in a unanimous vote:
THAT, the petition of Virginia and Lowell Bair for approval of a Sketch Plan for the Bair
Family Subdivision Planned Unit Development be and is hereby approved, subject to compliance
with the following conditions. This Resolution shall serve as an agreement binding the Bair Family
Subdivision Planned Unit Development to these conditions:
1. Except as otherwise modified by this Permit, all material representations made by
the Applicant in this application and in public meetings shall be adhered to and
considered conditions of approval.
2. All comments set forth in the Eagle County Assessor's Office e-mail dated
August 4, 2008 must be adequately addressed with the PUD Preliminary Plan
application.
3. All comments set forth in the Eagle County Engineering Department
Memorandum dated August 25, 2008 must be adequately addressed with the PUD
Preliminary Plan application;
4. All comments set forth in the Eagle County Department of Environmental Health
Memorandum dated August 18, 2008 must be adequately addressed with the PUD
Preliminary Plan application;
5. All comments set forth in the Colorado Geological Survey response dated August
19, 2008 must be thoroughly satisfied with the PUD Preliminary Plan application.
6. All comments set forth in the Town of Basalt letter dated August 20, 2008 must
be adequately addressed with the PUD Preliminary Plan application;
7. All comments set forth in the Basalt & Rural Fire Protection District letter dated
August 15, 2008 must be adequately addressed with the PUD Preliminary Plan
application;
8. The PUD Guide must be revised to prohibit wood burning fireplaces.
Page 4 of 8
THAT the Board of County Commissioners directs the Director of Community
Development to provide a copy of this Resolution to the applicant.
THAT, at the time of hearing for the forthcoming Bair Family Subdivision PUD
Preliminary Plan, the Board of County Commissioners directs the Director of Community
Development to schedule a site visit for the Board of County Commissioners to tour the subject
property, followed immediately by an evening hearing at the Eagle County Community Center in
El Jebel.
THAT the Board hereby 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 Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ~ day of Nb ~ IU?-
2008, nunc pro tunc to the 30th day of September, 2008.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: <: ~ -
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By. ~ ~ B c- O`-
LO
Teak J. Simonton Peter F. Runyon,
Clerk to the Board of
County Commissioners
By:
Commissioner ~/t~e~. ~ ti-- ~ seconded adoption of the foregoing Resolution.' The roll
having been called, the vote was as follows:
Commissioner Peter F. Runyon ~_
Commissioner Sara J. Fisher w
Page 5 of 8
Commissioner Arn M. Menconi ~_
This Resolution passed by ~ ~ 6 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
Page 6 of 8
Page 7 of 8
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