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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. 2 q C < 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. 3 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 El 0 -0 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. 5 C 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. 0 0 0 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, 7 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,