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,
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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
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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.
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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.
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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.
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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.
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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.
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