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HomeMy WebLinkAboutR02-104 amendment to Blue Lake PUDCommissioner — -_ _ _ _� , _ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - A RESOLUTION APPROVING AN AMENDMENT TO THE BLUE LAKE PLANNED UNIT DEVELOPMENT Eagle County File No. PDA -00035 WHEREAS, on or about 12 December 2001, the County of Eagle, State of Colorado, accepted for filing an application submitted by the Blue Lake Owners Association, (hereinafter "Applicant ") for amendment of the Blue Lake Planned Unit Development located near El Jebel, Colorado (hereinafter the "PUD "), Eagle County File No. PDA - 00035; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the PUD Guide to [1] create a new district known as a "Recreational Vehicle Storage Area District, [2] allow commercial uses in the Community Center District as a use by right, and [3] permit "home occupation" throughout the existing residential development as a use by right. WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Roaring Fork Valley Regional Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the `Board "); and WHEREAS, at its public meetings held 7 February and 21 February 2002, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval, with conditions, of the proposed PUD Amendment; and WHEREAS, at its public meetings of 19 February and 19 March 2002, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and .mom J WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Roaring Fork Valley Regional Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Further, the Board has considered Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan, and finds as follows: a. Unified ownership or control. The title to all land that is part of this PUD is not owned or controlled by one (1) person. However, the Applicant is the Blue Lake Owners Association, which is representative of all the property owners within the PUD. b. Uses. The uses that may be developed in the PUD are those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. C. Dimensional Limitations. The dimensional limitations that shall apply to the PUD are those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. d. Off-Street Parking and Loading. It has previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The proposed PUD Amendment will not adversely effect the adequacy of the existing off-street parking and loading. e. Landscapin. Landscaping provided in the approved PUD Preliminary Plan has been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. With the recommended condition, the proposed PUD Amendment does not impact existing landscaping nor require additional landscaping. £ Signs. The sign standards applicable to the PUD are as specified in Article 4, Division 3, Sign Regulations. FA g. Adequate Facilities. It has previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical services. h. Improvements. It has previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect improvements regarding: (a) Safe, Efficient Access, (b) Internal Pathways, (c) Emergency Vehicles, (d) Principal Access Points, and (e) Snow Storage. i. CompatibilLty Compatibility With Surrounding Land Uses. The development proposed for the PUD has been determined to be compatible with the character of surrounding land uses. With the recommended conditions of approval, the proposed PUD Amendment will not adversely affect this compatibility. j. Consistency with Master Plan. The proposed PUD Amendment to allow RV storage and home occupation as uses by right is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). However, the proposed PUD Amendment to allow certain commercial uses as uses by right is not consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). With the recommended conditions of approval, the proposed PUD Amendment is consistent with the Master PIan k. Phasin . A phasing plan is not required for this PUD Amendment. 1. Common Recreation and Open Space. It has previously been determined that the development does comply with the common recreation and open space ,standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect common recreation and open space within the PUD with respect to: (1) Minimum area; (2) Improvements required; 3 (3) Continuing use and maintenance; or (4) Organization. M. Natural Resource Protection. It has previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. With the recommended condition of approval, adequate protection of natural resources has been provided for. Further, the Board has considered Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision, and finds as follows: a. The proposed PUD Amendment to allow RV storage and home occupation as uses by right is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). However, the proposed PUD Amendment to allow certain commercial uses as uses by right is not consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). With the recommended conditions of approval, the proposed PUD Amendment is consistent with the Master Plan. b. It has previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. With the recommended condition of approval, adequate protection of natural resources has been provided for. It has previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment does not adversely affect the spatial patterns in the area. d. It has previously been determined that the site was suitable for development. The proposed PUD Amendment does not alter the suitability of the property. e. It has previously been determined that the development was compatible with other development in the area. The proposed PUD Amendment will not adversely effect the compatibility of the resulting development with surrounding uses. 4 4. Further, the Board has considered Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to PreliminM Plan for PUD, and finds as follows: a. It has been demonstrated that the proposed PUD Amendment is consistent with the efficient development and preservation of the entire Planned Unit Development; b. It has been demonstrated that the proposed PUD Amendment does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest; and C. The proposed PUD Amendment is not granted solely to confer a special benefit upon any person. 5. Further, the Board has considered Eagle County Land Use Regulations Section 5- 240.F.2.a.(8) Initiation, and finds that the Applicant has submitted a PUD Guide that demonstrates that the requirements of this Section are fully met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by the Blue Lake Owners Association for amendment of the Blue Lake Planned Unit Development be and is hereby granted with the following conditions: The PUD Guide be revised to reflect that the operation of the community maintenance shop is limited to the Rabbit Road storage area to the south, and not be permitted to expand to the Black Bear Trail area to the north. 2. The Board shall allow expanded uses in the Commercial Center District to include certain commercial uses to be further defined with the same approximate level and in the same character as was there with the Court system, same level of traffic and it be a business being defined as not requiring much daily traffic in and out of the location. The process would be a limited review process, based on guidelines acceptable to the Board of County Commissioners. There shall be notice given to all homeowners of the Board of Directors meeting as to the use of the building. 5 A g A Landscape Buffering Plan be submitted by the Applicant which will provide for adequate buffering of adjacent uses from the two lots in the proposed Recreational Vehicle Storage Area District, said Plan to be referenced to and recorded with the PUD Guide, and fully implemented within nine months of recording. 4. The Blue Lake Owners Association be responsible for cleaning up or mitigating any contamination by toxic substances in any part of the Recreational Vehicle Storage Area District. 5. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and dated June 19, 2002 and attached hereto as Exhibit "A "; and THAT, the Board hereby approves the Storage Yard Landscape Plans for the Black Bear Trail Storage Area and the Rabbit Road Storage Area, attached hereto as Exhibit "B" and Exhibit "C ", respectively; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby Ends, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 51 MOVED, READ AND ADOPTED by the Board of County . omrnissioner of the County of Eagle, State of Colorado, at its regular meeting held the day of 2002, nunc pro tunc to the 19th day of March, 2002. ATTEST: Clerk to the Board of County Commissioners u_v_o.A COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Michael L. Gallagher Am M. Menconi Commissioner (1�^p A�� Tom C. tone Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, t1w1wic was as follows: Commissioner Michael L. Gallagher Commissioner Am M. Menconi � Commissioner Town C. Stone This Resolution passed byk �.emote of the Board of County Commissioners of the County of Eagle, State of Colorado. 7 Exhibit "A" AMENDED BLUE LAKE PLANNED UNIT DEVELOPMENT P.U.D. GUIDE June ft 2002 I. ZONE REGULATIONS A. ZONE DISTRICTS To carry out the purposes and provisions of the Eagle County Zoning Resolution, Eagle County, Colorado, as amended, the Blue Lake Planned Unit Development Zoning District is further divided into the following zone district classifications: - O.S.D. - Open Space District - R- 6 /S.F. Residential - 6,000 /Single Family District - R-7 /S.F. - Residential - 7,000 /Single Family District - R- IO /S.F. - Residential - 10,000 /Single Family District - C.C. - Community Center District - RVSA - Recreational Vehicle Storage Area District B. O.S.D. - OPEN SPACE DISTRICT 1. Uses By Right: 1. Greenbelt 2. Park 3. School 4. Reservoirs and dams engineered to contain one hundred (100) acre feet of water or less. 5. Lake 2. Uses, Special Gravel extraction 3. Minimum Lot Area 6,000 square feet 4. Maximum Lot Coverage a. Buildings: 20 percent of net developable land b. All impervious materials: 45 percent of net developable Iand C. And as further restricted by Supplementary Regulations 5. Maximum Floor Area Ratio 0.25:1.0 of net developable land and as further restricted under Supplementary Regulations. 6. Minimum Setbacks a. Front Yard 1) Arterial Street - 50 feet from front property line 2) Collector Street - 35 feet from front property line 3) Local Street - 25 feet from front property line b. Rear Yard 121/2 feet or half the height of any building on the lot, whichever is greater. C. Side Yard 121/2 feet or half the height of any building on the lot, whichever is greater. 7. Maximum Building Height 35 feet C. R- 6 /S.F. - RESIDENTIAL - 6,000 /SINGLE FAMILY DISTRICT 1. Uses By Right: a. Single family, mobile home and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features. b. Home occupation as defined in the Eagle County Land Use -- Regulations. C. Greenbelt d. Park 2. Uses, Special: NONE 3. Minimum Lot Area 6,000 square feet 4. Maximum Lot Coverage a. Buildings: 30 percent of net developable land b. All impervious materials: 50 percent of net developable land C, And as further restricted by Supplementary Regulations 5. Maximum Floor Area Ratio 0.35:1.0 of net developable land and as further restricted under Supplementary Regulations. 6. Minimum Setbacks Except for those setbacks specifically shown on the Final Plat, the following setbacks shall apply. a. Front Yard - 25 feet - b. Setback from J.W. Drive (All Yards) - 25-feet C. Rear Yard 12 1/2 feet or half the height of any building on the lot, whichever is greater. d. Side Yard - 10 feet 7. Maximum Building Height 27 feet 8. Minimum Off - Street Parking 2 Unobstructed Parking Spaces (neither parking space, when occupied, shall obstruct ingress or egress to the other parking space.) D. R- 7 /S.F. - RESIDENTIAL - 7,000 /SINGLE FAMILY DISTRICT 1, Uses By Right: a. Single family, mobile home and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features. b. Home occupation as defined in the Eagle County Land Use Regulations. C. Greenbelt d. Park C. Day Care Home 2. Uses, Special: NONE 3. Minimum Lot Area 7,000 square feet 4. Maximum Lot Coverage a. Buildings: 30 percent of net developable land b. All impervious materials: 50 percent of net developable land C. And as further restricted by Supplementary Regulations 5. Maximum Floor Area Ratio 0.35:1.0 of net developable land as further restricted under Supplementary Regulations. 6. Minimum Setbacks Except for those setbacks specifically shown on the Final Plat, the following setbacks shall apply. a. Front Yard - 25 feet b. Setback from J.W. Drive (All YardsO - 25 feet C. Rear Yard 12 I/7 feet or half the height of any building on the lot, whichever is greater. d. Side Yard - 10 feet 7. Maximum Building Height 27 feet 8. Minimum Off -Street Parking 2 Unobstructed Parking Spaces (Neither parking space, when occupied, shall obstruct ingress or egress to the other parking space.) E. R .10 /S.F. -RESIDENTIAL - 10,000 /SINGLE FAMILY DISTRICT 1. Uses By Right: a. Single family, mobile home and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features. b. Home occupation as defined in the Eagle County Land Use Regulations. C. Greenbelt d. Park C. Day Care Home 2. Uses, Special: NONE 3. Minimum Lot Area 10,000 square feet 4. Maximum Lot Coverage a. Buildings: 30 percent of net developable land b. All impervious materials: 45 percent of net developable land C. And as further restricted by Supplementary Regulations 5. Maximum Floor Area Ratio 0.35:1.0 of net developable land and as further restricted under Supplementary Regulations. 6. Minimum Setbacks Except for those setbacks specifically shown on the Final Plat, the following setbacks shall apply. a. Front Yard - 25 feet b. Setback from J.W. Drive (All Yards) - 25 feet C. Rear Yard - 12.5 feet Rear yard setbacks on corner lots shall be - 10 feet d. Side Yard - 10 feet 7. Maximum Building Height 27 feet 8. Minimum Off-Street Parking 3 Parking Spaces (A parking space located behind a garage or behind another space may be counted towards the total parking requirement provided that the use of that space is respectively restricted to the use of the owner and does not impede other vehicular movement on the site. This provision can be used for one space only.) F. C.C. - COMMUNITY CENTER DISTRICT 1. Uses By Right: a. Day Care Center b. Community Building, Meeting Hall. The Community Center Building shall be owned and operated by the Blue Lake Property _ y Owners' Association for the purpose of holding events of civic or public nature and benefit and not for personal or private gain. All public, private, parochial and independent schools which provide education comparable to or in substitution of that provided in grades kindergarten - 12 are hereby specifically excluded. Greenbelt d. Paris C. Centeral postal delivery facility for the residents of the BIue Lake P.U.D. 2. Uses Subject to Limited Review a. Offices for Non- profit organizations b. Professional offices law, real estate, architecture, land use planning, family counseling, accounting and like kind purposes Uses a. and b. are subject to the following constraints: i. There will be a preference for tenancy by non - profit organizations by the board members of the Blue Lake Owners' Association (Board). ii. All tenants will be low impact occupants with minimum parking requirements and limited traffic creation as reasonably determined by the Board and considered at a public Board meeting. iii. All proposed tenancies will be published in a Notice of Proposed Tenant For Community Center Space to be circulated 30 days prior to any Board meeting at which such tenancy is to be approved or denied by the Board. The notice may be contained in any newsletter of the Blue Lake Owners' Association. iv. In the case of all tenants approved by the Board, an application for approval of a Limited Review Use, pursuant to Section 5 -300 of the Eagle County Land Use Regulations, will be submitted to the Eagle County Community Development Department. In addition to the requirements of Section 5 -300, the Board will also provide with the application other information determined by the Community Development Director to be necessary to 3 determine that the provisions of the PUD Guide will be satisfied. V. Any appeal of the decisions made pursuant to F. 2. c. iv above, will be in accordance with 5 -2400, Appeals of Staff Decisions/Inte retations. (Eagle County Land Use Regulations). 3. Uses, Special: NONE 4. Minimum Lot Area: NONE 5. Maximum C.C. District Coverage a. Buildings: 20 percent b. All impervious materials: 50 percent C. And as further restricted by Supplementary Regulations 6. Maximum Floor Area Ratio 0.25:.1.0 of land within the C.C. District boundary and as further restricted under Supplementary Regulations. 7. Minimum Setbacks from C.C. District Boundary a. Front Yard - 25 feet b. Rear Yard - 15 feet - 25 feet from adjacent residential lot line C. Side Yard - 15 feet - 25 feet from adjacent residential lot line - 10 feet from lot 4 to open space d. Provided that a minimum of ten (10) feet shall be maintained between buildings. 8. Maximum Building Height 32 feet 9. Minimum Off - Street Parking a. Community Building and Meeting Hall - 1 parking space per 100 square feet of floor area used for seating or assembly. b. Office and Day Care Center -- 1 parking space per 300 square feet of floor area exclusive of storage areas. C. Central Postal Delivery Facility - 2 parking spaces plus one parking space for each 100 postal delivery boxes. d. Up to twenty percent of the parking spaces required by the Community Building or Meeting Hall may be jointly utilized by the Office or Day Care Center. 10. Landscape Plan A landscape plan showing the location, specific type and size of all proposed plantings and ground covers shall be submitted with each building permit application 11. Signs The Community Center District shall be limited to the following signs. a. One free standing sign with a maximum of 25 square feet of face area with a maximum of two faces. b. One window or door sign up to a maximum of S square feet. G. RVSA - RECREATIONAL VEHICLE STORAGE AREA DISTRICT 1. Uses by Right: a. Residential (non- commercial) storage, but not the repair, of recreational vehicles including sports cars, motorcycles, snowmobiles and like vehicles. All vehicles must be insured and registered. All vehicles have to be able to be moved within 24 hours. These uses are limited to the Rabbit Road and the Black Bear Trail sites in the RVSA District, pursuant to Exhibit "A" and Exhibit `B" b. Operation of the Community Maintenance Shop. This use is limited to the Rabbit Road site of the RVSA District, pursuant to Exhibit "A ". 11. LANDSCAPE REQUIREMENTS A. All lots in the Residential - 7,000 /Single Family District and the -3 Residential - 10,000 /Single Family District and each dwelling unit within the Residential - Multi - Family District shall be required to provide and install the following landscape plantings: 1. All areas of the lot and common open space not covered by pavement, structure or other organic or inorganic mulch shall be re- vegetated in such a manor as to stabilize the soil and minimize erosion on the lot. 2. Three (3) trees - minimum size: - deciduous - 1 inch caliper - evergreen - 4 foot in height The first three building permit applicants for inhabitable structures within the Community Center District shall be required to install 8 trees of the above minimum size. When a total of 24 trees have been installed and maintained in a live, healthy condition, subsequent building permit applicants will be exempted from this requirement. A site plan showing the location and type of plants to be used to satisfy. the above requirement shall be submitted with the landscape plantings shall be a requirement for the final Certification of Occupancy. B. Specific Landscaping Requirements for RVSA District As set out in the Landscaping Plan attached as RVSA Landscaping Exhibit to this Amended P.U.D. Guide. III. SIDEWALK MAINTENANCE Eagle County shall not be responsible for the removal of snow or debris from sidewalks within the Development even though the walks may lie upon lands dedicated to Eagle County. CAKristina\HDishlerTlue LakelAmended PUD.with changes blue lake 6.19.02.wpd r-J c 'U AF i7 C C W 2 _ - a ¢ N 00 'i,gu . a L S-1 0 rd 0 go Oa a ° o n7� u a� o, 'sue 0 a �F u� El y �3 �a egia W 3 a o c.. gh w a u q �+ 3 ua a� ° V,W ca • h d w d z p�� a d „ e' El 3 •° •� � a7 �v mid'., A � m 4"'1 R O J7 a �d C yy y El a \ oyy� aiD m,b �`•y o 8119 . M.0 r.V R.. � .a�i �• �r R .p u Owe � � s�Oy �'° y" a^�, •C � �'' c`3 f �-+ •c.� y� pq Rl ... I cl J N bA P, m C's IC tv .,� t g W u° c°s 0 � fiG bA � bD -q l tv co �.+ al h Ac=%, c op j p 'u cv j �.: 3 •C t7. 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