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,
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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
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(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;
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(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.
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(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.
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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.
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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.
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Exhibit A
Amendments to the Eagle -Vail PUD Guide
Appendix B, Chapter II
of the Eagle County band Use Regulations
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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
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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;
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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.
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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
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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.