HomeMy WebLinkAboutR00-117 PUD sketch plan for Colorado River RanchCommission / moved adoption
of the follo g Resolution:
BOARD OF COUNTY COMMISSIONERS '
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 - Z17
APPROVAL OF THE PLANNED UNIT DEVELOPMENT
SKETCH PLAN FOR COLORADO RIVER RANCH PUD
FILE NO. PDS -00019
WHEREAS, on or about May 22, 2000, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Falcon Realty, LLC, and River Ranch
Development, LLC, (hereinafter "Applicant ") for approval of the Planned Unit Development
Sketch Plan for the Colorado River Ranch PUD, File No. PDS - 00019; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development
(PUD) Sketch Plan which would allow for the development as follows:
A residential club facility that would consist of:
• 18 hole golf course;
• Clubhouse facility with a pro shop, cart storage, restaurant and 16 overnight
rooms;
• 25 small ranch homesteads, most with building envelopes of 1 acres, and a few
with building envelopes of 6 acres, the latter allowing for horses;
• A Children's pavilion;
• Maintenance facility with an employee dorm;
• Pool(s), tennis court(s), sporting clays, etc.; and
• Related facilities including comfort stations, range building, pump- houses.
• Fire station with two bays and an employee unit housing up to 4 employees.
• Agricultural uses (a ranch operation) and open space, covering approximately 872
acres.
WHEREAS, notice of the Sketch 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 July 5, 2000, the Eagle County Planning
Commission, based upon its findings, recommended approval of the proposed PUD Sketch Plan,
with certain conditions; and
WHEREAS, at its regular hearings of July 31, 2000, the Eagle County Board of
Commissioners (hereinafter 'Board "), considered the PUD Sketch 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:
1. The 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 PUD:
2. Unified ownership or control. [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) person.
3. 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 1
Variations Authorized at Preliminary Plan approval.
4. 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
property at the time of the application for PUD. However, variations may be
granted along with approval of the Preliminary Plan.
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, these
standards may be met in the Preliminary Plan.
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6. 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
7. Signs. [Section 5- 240.F.3.e (6)] - The sign standards applicable to the PUD are
not as specified in Article 4, Division 3, Sign Regulations However, the
Applicant has submitted a comprehensive sign plan for the PUD, as provided in
Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD) that may
be suitable for the PUD and provide the minimum sign area necessary to direct
users to and within the PUD.
8. Adequate Facilities. [Section 5- 240.F.3.e (7)] - The Applicant has clearly
demonstrated that the development proposed in the Preliminary Plan for PUD will
be provided adequate facilities for sewage disposal, electrical supply, and roads;
but HAS NOT clearly demonstrated that the development proposed in the
Preliminary Plan for PUD will be provided adequate facilities for potable water,
solid waste disposal and fire protection. In addition, the Applicant has not
demonstrated that the proposed PUD will be conveniently located in relation to
schools, police and fire protection, and emergency medical services. However it
appears that the Applicant may be able to demonstrate that adequate facilities
exist in the Preliminary Plan.
9. Improvements. [Section 5- 240.F.3.e (8)] - It has not been clearly demonstrated
that the improvements standards applicable to the development will be as
specified in Article 4, Division 6, Improvements Standards regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage.
However, the Applicant may be able to demonstrate that improvement standards
applicable to the development will be as specified in Article 4, Division 6,
Improvements Standards in the Preliminary Plan.
10. 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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11. 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).
12. Phasing Section 5- 240.F.3.e (11) - A phasing plan has not been provided for this
development. However, a sufficient phasing plan may be provided as part of the
Preliminary Plan.
13. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] - The PUD has
not demonstrated that the proposed development will comply with the common.
recreation and open space standards with respect to:
(a) Minimum area;
2. Improvements required;
3. Continuing use and maintenance; or
4. Organization.
However, the Applicant may be able to demonstrate in the Preliminary Plan that
the proposed development will comply with the common recreation and open
space standards.
14. 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:
15. 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).
16. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - The
Applicant has not fully 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 However, it appears
that the Applicant may be able to meet the applicable standards at application for
Preliminary Plan approval.
17. 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
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inefficiencies in the delivery of public services, or require duplication or
premature extension of public facilities, or result in a "leapfrog" pattern of
development.
18. 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.
19. 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
shall not adversely affect the future development of the surrounding area.
ADDITIONAL FINDINGS:
20. PUD Guide [Section 5- 240.F.2.a.(8)] — Applicant has submitted a PUD Guide
that demonstrates that the requirements of this Section may be fully met in the
Preliminary Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application for approval of the Planned Unit Development Sketch Plan for
Colorado River Ranch PUD be and is hereby granted,. subject to compliance with the following
conditions:
Provide an adequate parking plan in the Preliminary Plan based on detailed
documentation and rationale for the parking spaces necessary to accommodate all
of the proposed uses in the development, along with comprehensive information
depicting adequate parking for all users of the development, including locations,
numbers, and dimensions.
2. Identify the vegetation proposed to be removed in riparian and wetland areas to
either enhance those areas or make room for recreational improvements.
3. Specify plants in the Detailed Landscape Plan that conform fully to the minimum
size requirements of the Land Use Regulations.
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4. Provide in the Preliminary Plan as adequate weed control for the entire PUD.
5. Utilize sound defensible space practices throughout the PUD.
6. Clarify the sign provisions of the PUD Guide to be at least as restrictive as the
Eagle County Sign Regulations with respect to illuminated signs.
7. Provide as part of the Preliminary Plan [1] a water court approved augmentation
plan or evidence that a sufficient augmentation plan has been submitted to the
Water Court, and [2] a more detailed water supply plan, including more specific
information regarding, the use of water wells, especially with respect to exempt
wells, with an opportunity for the Staff of Northwest Colorado Council of
Governments to review the more detailed water supply plan and provide
additional comments.
8. Specify that [1] all infiltration septic disposal systems be designed by a civil
engineer, and [2] the proposal for ISDSs for this development be further reviewed
by the Colorado Water Quality Control Division, unless the Applicant can
demonstrate that the cumulative design flow for all contemplated septic systems is
expected to be less than 10,000 gallons per day.
9. Locate all ISDS components outside the 100 year floodplain, and a minimum of
50 feet from wetlands, streams and rivers (high water mark).
10. Install adequate fire sprinkler systems in all habitable structures or provide an
alternative type of fire protection acceptable to the Gypsum Fire District.
11. Provide in the Preliminary Plan a detailed fire protection plan, with input from the
Gypsum Fire Protection District, which [1] demonstrates that the Gypsum Fire
Protection District has the ability and willingness to provide fire protection
services for the development, [2] demonstrates the ability to adequately fight fires
at any location within the development, especially at all of the habitable
structures, [3] incorporates all of the suggested wildfire protection measures of the
Colorado State Forest Service (Referral response dated June 12, 2000), and [4]
identifies the means available to enhance the ability of personnel on -site to
respond immediately to fire emergencies until Gypsum Fire Protection District
crews arrive.
12. Demonstrate that the Union Pacific Railroad has granted all necessary agreements
or authorization for all of the proposed railroad crossings.
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13. Demonstrate that all necessary permits have been obtained for the construction
and re- construction of the respective bridges.
14. Demonstrate that the children living in the proposed development will be
conveniently transported to and from schools.
15. Provide an assessment of the advisability of the PUD's managing entity providing
a certain level of its own security personnel, including staffing, training, and
equipment, and incorporate appropriate measures in the Preliminary Plan.
16. Provide in the Preliminary Plan an assessment, with input from the Western Eagle
County Ambulance District, of the feasibility of maintaining and supporting
certain members of the Colorado River Ranch staff qualified at least at the "first
responder" level of proficiency in emergency medical care, and incorporate
appropriate measures in the Preliminary Plan.
17. Dedicate a public access easement on Big McClosky Road to ensure long -term
public access through to public lands to the east.
18. Dedicate, after consultation with the Eagle County Regional Transportation
Authority Trails Coordinator, a sufficient public trails easement along the entire
length of Colorado River Road as it crosses this site.
19. Demonstrate that any trail in the vicinity of Willow Creek will not directly, or
indirectly through use by residents and visitors, materially harm the Willow Creek
system.
20. Provide in the Preliminary Plan, with input from appropriate emergency service
providers, adequate provisions to accommodate emergency vehicles within the
development, specifically addressing the suggestions of the Colorado State Forest
Service (Referral response dated June 12, 2000).
21. Demonstrate how potential unauthorized use of public lands and potential
conflicts will be avoided, and whether any permits will be required.
22. Provide an adequate identification of the proposed wetland impacts and mitigation
and demonstrate how disturbance of wetlands and riparian areas will be
minimized.
23. Adhere to "Guidelines for Water Quality Enhancement at Golf Courses Through
the Use of Best Management Practices" (1999), as recommended by the
Northwest Colorado Council of Governments (Referral response dated June 9,
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2000), unless there are specific circumstances that require variances and are
approved by the BOCC.
24. Use appropriate agricultural "best management practices" (BMPs) on the portions
of the site that remain in agricultural production.
25. Incorporate in the Preliminary Plan all provisions of the proposed Wildlife
Mitigation and Enhancement Plan submitted with the Sketch Plan application.
26. Developer will provide at Preliminary Plan stage adequate assurance that Planning
Parcel A will be operated and used in accordance with representations made by
the Developer at the Sketch Planbearing with respect to irrigated agricultural
open space.
27. Incorporate in the Preliminary Plan adequate measures to minimize impacts to
riparian areas, the fragile Willow Creek system, and other sensitive areas as a
result of fishing, hunting, shooting, walking trails and other facilities and activities
in these areas.
28. Incorporate in the Preliminary Plan all of the suggestions and recommendations of
the Geologic Site Assessment and Preliminary Geotechnical Study (Hepworth -
Pawlak Geotechnical, Inc., submitted with the Sketch Plan application), and the
Colorado Geological Survey (Referral response dated June 12, 2000) with respect
to geologic hazards and their mitigation, and to provide the additional information
requested by the Eagle County Engineer (Referral response dated May 8, 2000).
29. Incorporate in the Preliminary Plan the suggestions and recommendations noted in
the Colorado Geological Survey (Referral response dated June 12, 2000)
regarding retention of a geotechnic consultant in locating precise building
footprints and for additional studies, adequate water management provisions, and
hydrology for certain drainageways.
30. Will ensure that all habitable structures are a minimum of 50 feet from the high
water mark or outside the 100 year floodplain, which ever is more restrictive,
unless approved by the BOCC.
31. All written and oral representations made by the Applicant with respect to this
Sketch Plan be a part of the record and conditions of approval.
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. Sketch Plan approval is expressly conditioned on the County's authority to
impose further restrictions or limitations on the PUD which are necessitated by impacts which
are not yet recognized or which are more severe than realized under the review given at the
hearings on the Sketch Plan.
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 Co issione of the
County of Eagle, State of Colorado, at its regular meeting held the ay of
2000, nunc pro tunc to the 31L.AaX,,pf July, 2000.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
T om 0. 4ton ot , Chairm e-q
BY: (IV
Michael L. Gallagher,
BY:
ohnnette Phillips, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roil
having been called, the v, t was as follows:
Commissioner Tom C. Stone
Commissioner Michael L. Gallagher 4 �e
Commissioner Johnnette Phillips LZ
This Resolution passed by � liY& o�`fhe Board of County Commissioner of the County of
Eagle, State of Colorado,