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HomeMy WebLinkAboutR00-166 sketch/preliminary plan of Oleson propertyCommissioner moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - 1 e�— APPROVAL OF THE COMBINED SKETCH AND PRELIMINARY PLAN SUBDIVISION OF THE OLESON PROPERTY �N (INCLUDING ZONE DISTRICT AMENDMENT) FILE NO. PDSP -00011 AND ZC -00036 i�5{me-- WHEREAS, on or about May 18th, 2000, the County of Eagle, State of Colorado, accepted for filing an application submitted by Eagle -Vail Metropolitan District (hereinafter "Applicant ") for approval of .the Planned Unit Development combined Sketch Plan and Preliminary Plan for the Oleson Property, Eagle County File No. PDSP- 00011, as well as a Zone Change; and, WHEREAS, approval of the Application would allow for the subdivision of 1,. 5 acre parcel into 3 lots with the development of 2 lots to have 2 new dwelling units (with caretaker units), and 1 lot to contain an existing dwelling unit, with the zoning to be PUD from the existing'Resource designation; and , WHEREAS, pursuant to Section 5 -210.I Consolidation, of the Eagle County Land Use Regulations, Sketch and Preliminary may be combined and, WHEREAS, at its public hearing held September 20 2000 . the Planning Commission, based on its findings, recommended approval of the Combined Sketch and Preliminary Plan of the Oleson Property, with certain conditions; and WHEREAS, a its public hearing was held by the Board of County Commissioners (hereinafter the "Board ") of the County of Eagle, State of Colorado, on October 2nd, 2000; and, Page Z of 7 1111111 111111111111 11111 1111 111111 11111 111 11111 1111 1111 744827 11/22/2000 03:46P 370 Sara Fisher 1 of 13 R 0.00 D 0.00 N 0.00 Eagle CO t f v. z WHEREAS, based on the evidence, testimony, exhibits, and study of the Master 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 ( "the Board "), finds as follows: (1) That proper publication and public notice were provided as required by law for the hearings before the Planning Commission and the Board; and, 1. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: (1) Unified ownership or control. It IS represented that title to all land is owned or controlled by one (1) entity. (2) Uses. The uses that may be developed in the PUD ARE NOT 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 MAY be granted along with approval of the combined Sketch and Preliminary Plan. (3) Dimensional Limitations. 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 combined Sketch and Preliminary Plan. (4) Off - Street parking and Loading. 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 without a necessity for a reduction in the standards. (5) Landscaping. Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards Page 2 of 7 (6) Signs. The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, Sian Regulations However, the current Eagle -Vail PUD has a comprehensive sign plan, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD) that IS suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The Applicant RAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for sewage disposal, electrical supply, and roads; the applicant RAS 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 RAS demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. CONDITIONED It HAS 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. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistency with Master Plan. The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). (11) Phasing. A phasing plan IS NOT necessary for this development. (12) Common Recreation and Open Space. The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; Page 3 of 7 - i r (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resources 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 Standards have been considered. 2. 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: (1) Consistency with Master Plan. The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). (2) Consistent with Land Use Regulations. The Applicant HAS 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 (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 are 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. Page 4 of 7 C (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 area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development. (5) 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: THAT, the application for approval of the Planned Unit Development Combined Sketch and Preliminary Plan for the Oleson Property be and is hereby granted, subject to compliance with the following conditions: 1. Except as otherwise modified by this Permit, all material representations of the Applicant in this application,and all public meetings shall be adhered to and considered conditions of approval. 2. Locations of snow and trash storage areas shall be identified on any building permit application. 3. Dogs, when outside, shall be leashed at all times or be kept in an outside kennel with a roof that can contain a dog. All garbage receptacles shall be bear proof, as deemed necessary by the Division of Wildlife memo dated August 31, 2000. 4. The erosion control plan shall be revised to reflect comments by the Geological Survey memo dated September 5, 2000 prior to Final Plat submittal. A slope stability analysis shall be included in the soils and foundation investigation for any permanent cut or fill greater than 5 feet in height prior to the approval of any building permit as per the same memo. S. All engineering requirements as per a memo dated August 31, 2000 must be satisfied prior to Final Plat submittal. Page 5 of 7 6. The plan approved as per the (application) master plan, Eagle -Vail PUD amendment, figure 4, submitted October 2 ° 2000; there shall be a Plat restriction on the Final Plat for lots 2 and 3 stating that no structures or storage shall be located on the designated open space area; and, 3. Pursuant to Eagle County Land Use Regulations Section 5- 230.D., Requirements for a Zone Chancre Standards for Amendment to the Official Zone District Map: (1) Consistency with the Master Plan. The proposed zone change designation IS consistent with the purposes, goals, policies and FLUM of the Eagle County Master Plan. (2) Compatible with surrounding uses. The zone amendment IS compatible with the uses that surround the applicant's property, and IS the appropriate zone district for the land. (3) Changed conditions. There ARE changed conditions that require an amendment to modify the density and intensity. (4) Effect on natural environment. The proposed amendment WILL NOT result in significantly adverse impacts to the natural environment. (5) Community need. The proposed amendment DOES address a community need. (6) Development patterns. The proposed amendment WILL result in a logical and orderly development pattern and not constitute spot zoning. Further, the resulting development can logically be provided with necessary public facilities and services. (7) Public interest. The extent to which the area to which the amendment would apply HAS changed and continues to change is such that it is in the public interest to encourage a new density in the area. THAT, the Combined Sketch and Preliminary 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. Page 6 of 7 C- j ,} 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 Commissioners of the Cou ty. f Eagl tate f Colorado, at its regular meeting held the day of 2000, nunc pro tunc to the 2nd day of October, 2000. e.. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: Tom C. Ston , Chairman Commissio e BY: O Michael L. Gallagher, V Commissioner BY: _ G (;/ Johnnette Phillips, Commissioner Commissioner seconded adoption of the foregoing resc The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Johnnette Phillips This Resolution passed by /�' �r ote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 7 of 7 r' Exhibit A Amendments to the Eagle -Vail PUD Guide Appendix B, Chapter II of the Eagle County band Use Regulations C C APPENDIX B Appendix B: EAGLE -VAIL PUD GUIDELINES Purpose To provide for the Eagle -Vail Subdivision, Filings 1 and 2, Eagle County, Colorado and Whiskey Hill, Eagle County, Colorado, the necessary control document pursuant to Section 24 -67 -101 et seg., C.R.S. and Section 2.06.13 of the existing Land Use Regulations which was not previously adopted by the Board of County Commissioners, the Eagle -Vail Subdivision having been developed prior to the adoption of these Land Use Regulations. 2. General a. The zoning and land use restrictions set forth in this Section 2.06.15 shall apply to all real property located and included within the Eagle -Vail Subdivision, Filings Nos. 1 and 2, as set forth on the final plats thereof recorded in Book 225 at Page 302 and Book 232 at Page 782, respectively, of the Eagle County real property records, the Amended Final Plat of Lot 2, 3,22, Block 2, Filing 2 recorded in Book 233 at Page612, Whiskey Hill as set forth on the final plat thereof recorded in Book 256 at Page 733, and the Qleson Ftnal Plat recorded at Recegt�on No _. _._ said Subdivisions being hereinafter referred to throughout these regulations as "Eagle - Vail ". b. The remaining provisions of these Land Use Regulations shall apply to development within Eagle -Vail to the extent applicable and not inconsistent with the specific provisions of this Appendix B. In the event of a conflict, inconsistency or incongruity between the provisions of this Appendix B and the provisions of any other section contained in these Land Use Regulations, the provisions of this Appendix B shall in all respects govern and control the development of Eagle -Vail. C. The procedure for modifying or amending this Appendix B as applied to specific instances shall be governed by Section 5 -240, Planned Unit Development (PUD) District of these Land Use Regulations. d. Special Review: The Eagle -Vail special review shall follow all the requirements for a special use permit, as shown at Section 5 -250, Special Uses of the Eagle County Land Use Regulations. Definitions - As used in this Appendix B, the following words and terms shall have the following meanings: a. "Bed and Breakfast - Home Occupation" shall mean a lawful use C C APPENDIX B number of Dwelling Units to be constructed on a particular Multi - Family Lot shall not exceed the number of Dwelling Units allowed for such lot as designated on the recorded final plat relative thereto and as further designated in this Appendix B(4). "Recreation Lot" shall mean and refer to a parcel which may be used solely for recreational purposes such as golf, swimming, picnicking, volleyball, open space and the like, and which may have constructed thereon buildings associated with such uses. 4. Use Regulations a. Land Uses The lots within the Eagle -Vail Subdivision, Filing Nos. 1 and 2, and Whiskey Hill as designated and described on the recorded final plats thereof fall within the following land use categories: Definition Lot Description 1) Duplex Lot A) Eagle -Vail Subdivision, Filing No. 1: Block 1, Lots 10 -72, inclusive; Block 2, Lots 1 -7, inclusive; Block 3, Lots 1 -15, inclusive; Block 3, Lots 28 -72, inclusive; Block 3, Lots 74 -101, inclusive; Block 3, Lots 110 -126, inclusive; Block 6, Lots 1 -11, inclusive; Block 6, Lots 14 -20, inclusive; Block 6, Lot 28; Block 7, Lots 1 -6, inclusive; Block 8, Lots 1 -6, inclusive; Tract F. B) Eagle -Vail Subdivision, Filing No. 2: Block 1, Lots 1 -19, inclusive; Block 1, Lots 25 -51, inclusive; C C APPENDIX B 4) Commercial Lot A) Eagle -Vail Subdivision, Filing No. 1: Block 1, Lots 1 and 2; Block 9, Lots 1 -4, inclusive. B) Eagle -Vail Subdivision, Filing No.2: Block 4, Lot 39. 5) Recreation Lot A) Eagle -Vail Subdivision, Filing No. 1: Tracts A, B, C, D, E and I. B) Eagle -Vail Subdivision, Filing No. 2: Tracts A, B, C, D, E, F, G and H. 6) Commercial A) Eagle -Vail Subdivision, Filing No. 1, Limited Lot Lot 1, Mountain Terrace: 7) Church Lot A) Eagle -Vail Subdivision, Filing No. 2, Block 2, Lot 1A. (orig. 11/28/89) 8) Detached A) Eagle -Vail Subdivision, Filing No. 2, Townhome Lot Block 3, Lots 10 -11. (orig. 9/16/92) 9) Single Family Lot A) Olesoh Subdivision Lots' 1-3 . 5. Uses, Special Review: A lot which can be used solely for multiple family residential purposes, condominiums, apartments, retail shops, service shops (excluding automobile service stations), restaurants, motels, hotels, lodges, professional offices and medical clinics, and upon which the number of dwelling, condominium, apartment, motel, hotel or lodge units to be constructed and the number of buildings to be so constructed upon said lot shall be as approved by the Board; provided that said lot shall not exceed 60,000 square feet of enclosed floor space (exclusive of underground parking garages) per acre of land. W APPENDIX B 6. Use Restrictions and Guidelines Single F I Lot {ring 09111/00) (1 y d' elling unit ±ar single family with si�ary hot to exceed 800 square feet. 2) Uses ,SRecial Review: aa. Day Care Center bb. Home occupation far office use ar studio for the arts and craft: �3� Fracf�onai.�"ee Estates and Bed a`fid Breakfa Home�rctpation are spe�fically groh�°b�ec�:. (4) Densityx 2 d"' "U" unitsllot } F1oor Area Ratio: �3 F1aor Area'Ratio defined to include all space betweeni exterior walls exciudtng true basements�(umnhabztable space },Nand garages_ (6) Lot Coverage: .25; Defined as bwlding faotpnnt including cantilevered space and garages (excluding decks).. ('7) c Total Impervious .�� Impervious materials Materials: defined to include any drz�ng an�i parking surface,_ (8) MAidrimum Building Height: 35 feet. (9) Front Setback: 20 feet from property line. - (10) Side and Rear Setback: 1'2:5 feet 112 the height:of ''any building, whichevefis greater. {l 1) Snow Removal. 20 °lo =af antside parking and driveway area. Snow removal space must have 4i dimension of 5 feet 7 s l APPENDIX B all sides be riot more than 12 fee# deep and be ai3acent %to parking or tl�veway area; Na tiees and. shrubs Wilt be all owed ui ano�u storage'ar (1'2) Parking: 3spaces per unit One of these � . u __ � spaces may loca��l behind �a agclaor only iftie use of each space informally allocated. a spe��fied unit legally controlled); Duplex Lot (1) Use by Right: aa. Duplex or single family (2) (3) (4) (5) dwelling unit. bb. Day Care Home. Uses, Special Review: aa. Day Care Center. bb. Home occupation for office use or studio for the arts and crafts. Fractional Fee Estates and Bed and Breakfast Home Occupation are specifically prohibited. Density: 2 dwelling units /lot. Floor Area Ratio: .35 Floor Area Ratio defined to include all space between exterior walls excluding true basements (uninhabitable space) and garages. (6) Lot Coverage: (7) ( (9) .25 Defined as building footprint including cantilevered space and garages (excluding decks). Total Impervious .50 Impervious materials Materials: defined to include any driving and parking surface. Maximum Building Height: Front Setback: 35 feet. 20' from property line.