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HomeMy WebLinkAboutR00-172 PUD sketch plan for Berry Creek 5th Miller Ranch PUD%J v1 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 APPROVAL OF THE PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR THE BERRY CREEK 5`h / MILLER RANCH PUD FILE NO. PDS -00022 N WHEREAS, on or about September 22, 2000, the County of Eagle, State of Colorado, accepted for filing an application submitted b Eagle County (hereinafter "Applicant") p g pP Y g tY � PP ) for approval of the Planned Unit Development Sketch Plan for the Berry Creek 5" / Miller Ranch PUD, File No. PDS - 00022; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Sketch Plan which would allow for the development as follows: Mixed use development on a 209 acre site which would include active recreation on 62 acres (such as indoor and outdoor recreation facilities, trails, equestrian facilities, ballfields and parks); open space on 37 acres (including trails, picnic facilities, restrooms and trailhead parking); employee housing; school facilities (such as, in addition to the existing middle school, an elementary school and a high school, educational facilities, learning centers, and other facilities); and other school uses which might include administration building and/or a transit facility. Primary access to the site would be by Miller Ranch Road, proposed to be constructed from the Edwards Spur Road through the site to connect with Winslow Road, which provides alternate access to the site from the Singletree development to the north. Another access from this parcel directly to Highway 6 to the south has previously been identified in the Edwards Area Access Plan to reduce traffic on the Edwards spur Road, although specific alignment has not been determined. Water and wastewater utility service will be provided by the Eagle River Water and Sanitation District. 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, IIIIIIIIIIIIIIIIIIII "I"II IIIIIIIIIIIIIIIII IN IIIIIIIIIIIII III IIIIIIIIIIIIIIIII IN 745922 12/08/2000 02:37P 370 Sara Fisher 1 of 8 R 0.00 D 0.00 N 0.00 Eagle CO ( C WHEREAS, at its public hearings held November 1, 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 hearing of November 13, 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: Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review of a Sketch PUD: Unified ownership or control. [Section 5- 240.F.3.e (1)] - While the title to all land that is part of this PUD is not owned or controlled by one (1) person, the owners have made a joint application based on an Intergovernmental Agreement which continues to be in effect. 2. 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 F.31, Variations Authorized 3. Dimensional Limitations. [Section 5- 240.F.3.e (3)] — The dimensional limitations that shall apply to the PUD are 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. 4. 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 Parkiny, and Loading Standards without a necessity for a reduction in the standards. However, these standards may be met in the Preliminary Plan. 5. Landscaping. [Section 5- 240.F.3.e (5)] - It has not been demonstrated that the 2 �. C landscaping proposed for the PUD complies with the standards of Article 4, Division 2, Landscaping and Illumination Standards However, it may be able to demonstrate the required compliance in the Preliminary Plan. Signs. [Section 5- 240.F.3.e (6)] - The Applicant has not demonstrated that signs within the PUD will be as specified in Article 4, Division 3, Sign Regulations However, the Applicant may submit a comprehensive sign plan for the PUD, 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. [Section 5- 240.F.3.e (7)] - It has not clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply, roads and fire protection. However it appears that it may be possible to demonstrate in the Preliminary Plan that adequate facilities exist. 8. 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, it may be demonstrated in the Preliminary Plan that improvement standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards 9. 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. 10. 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). 11. Phasing Section 5- 240.F.3.e (11) - A phasing plan has not been provided for this development. However, if necessary, a sufficient phasing plan may be provided as part of the Preliminary Plan. 3 C � 12. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] - The applicant has demonstrated that the PUD will comply with the common recreation and open space standards with respect to (a) minimum area. However, the applicant has not fully demonstrated that the PUD will comply with the common recreation and open space standards with respect to: (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. It may be possible to demonstrate in the Preliminary Plan that the development will comply with these common recreation and open space standards. 13. 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: 14. 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). 15. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - It has not been 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 may be demonstrated in the Preliminary Plan application. 16. 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 inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 17. - 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. 11 18. 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. 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 the Berry Creek 5th / Miller Ranch PUD be and is hereby granted, subject to compliance with the following conditions: 1. Demonstration be provided in the Preliminary Plan that internal pathways will be provided which form a logical, safe and convenient system for pedestrian access to recreation areas, schools, dwelling units and common areas, with appropriate linkages off -site, and to provide justification for trail alignments. 2. Clear demonstration be provided in the Preliminary Plan that all off -site traffic impacts have been adequately mitigated. 3. A complete Geologic Hazards Analysis, as required in Section 4- 420.D.2. of the Land Use Regulations, be required in the Preliminary Plan application. 4. All oral and written representations by the Applicant in materials submitted in connection with this application and/or in one or more public hearings shall be binding. 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. 5 P e 0 C" MOVED, READ AND ADOPTED by the Board of County Corrlmissio of the County of Eagle, State of Colorado, at its regular meeting held the ay 00, nunc pro tunc to the 13` day of November, 2000. 0 I 0'C COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS BY ' BY: Sara J. Fisher Tom C. Stone, Chairm Clerk of the Board of County Commissioners BY: (911111 Phipps, Commission BY: U 11� �„J�:�C�� � Michael L. Gallagher, Comm i Commission e onded adoption of the foregoing resolution. The roll having been called, the vote as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Johnnette Phillips — This Resolution passed by LZZ of the Board of County Commissioner of the County of Eagle, State of Colorado. 2