HomeMy WebLinkAboutR02-130 zone change/sketch/preliminary plan for Arrowhead River Ranchr 1,,
Commissioner - moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002-/30
APPROVAL OF THE ZONE CHANGE AND
COMBINED SKETCH AND PRELIMINARY PLAN
FOR THE
THE ARROWHEAD RIVER RANCH
PLANNED UNIT DEVELOPMENT
(FORMERLY THE DONOVAN PARCEL)
FILE NO. ZC -00055 AND PDSP -0001 S
WHEREAS, on or about March 20, 2002 the County of Eagle, State of Colorado, accepted
for filing an application submitted by John and Diana Donovan (hereinafter "Applicant ") to re -zone
the herein described property in Eagle County from the Resource [R] Zone District to the Planned
Unit Development [PUD] Zone District, File No. ZC- 00055, and for approval of the Combined
Sketch Plan and Preliminary Plan for the Arrowhead River Ranch (formerly the Donovan Parcel)
Planned Unit Development, Eagle County File No. PDSP - 00015; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD)
Combined Sketch and Preliminary Plan and a Zone Change which would allow for the development
as follows:
The subdivision of an 9.38 acre tract of Iand for 20 single family homes with
associated open space areas, drainage facilities, bike paths and landscaping. The site
will be served by extensions of existing domestic water and sewer lines, and
accessed via a private drive that will connect to US Highway 6 approximately 500
feet east of the proposed Highway 6 - Miller Ranch Road intersection, Zoning is
changed from the existing Resource [R] designation to a designation of Planned
Unit Development [PUD]; and
WHEREAS, pursuant to Section 5- 210.1, Consolidation, of the Eagle (:'our,,ty fand Use
Regulations, Sketch and Preliminary Plans may be combined and,
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WHEREAS, at its public hearing held July 17, 2002 the Eagle County Planning Commission,
based on its findings, recommended denial of the proposed Zone Change from R to PUD, and the
proposed Combined Sketch and Preliminary Plan ofthe Donovan Parcel Planned Unit Development;
and,
WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter
the "Board ") of the County of Eagle, State of Colorado, on July 30, 2002; and,
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, finds as follows:
That proper publication and public notice were provided as required by law for the hearings
before the Planning Commission and the Board; and,
Pursuant to Eagle County Land Use Regulations, Section 5- 240.F.3.e. Standards for the
review of a Sketch Plan and Preliminary Plan for a PUD:
(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 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.
(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, pursuant to Section 5 -240 F.31, Variations Authorized, a
variation to allow a front set back of 15 feet and a distance between buildings of 15
feet does achieve the purpose of obtaining desired design qualities and that the
granting of the variation is necessary for that purpose to be achieved.
(4) Off - Street Parking and Loading. The PUD does comply with the standards of
Article 4, Division 1, Off - Street Parking and Loading Standards, without a necessity
for a reduction in the standards.
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(5) Landscaping. The landscaping and illumination standards provided in the PUD do
comply with the standards of Article 4, Division 2, Landsca in and Illumination
Standards
(b) Signs. The Applicant has submitted 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 does provide the minimum sign area necessary to
direct users to and within the PUD.
(7) Adequate Facilities. The Applicant has demonstrated that the development
proposed in the Preliminary Plan for PUD will be provided adequate facilities for
potable water supply, sewage disposal, solid waste disposal, electrical supply, fire
protection and roads, and will be conveniently located in relation to schools, police
and fire protection, and emergency medical services.
(S) linprovernents. The Applicant has demonstrated that the improvements standards
applicable to the development will be as specified in Article 4, Division &,
Improvements Standards regarding:
(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) Pleasing. A general phasing plan has been provided for this development.
(12) Common Recreation and Open Space. The PUD does comply with the common
recreation and open space standards with respect to:
(1) Minimum area
(2) Improvements required;
(3) Continuing use and maintenance; or
(4) Organization.
(13) Natural Resource Protection. The PUD does consider 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.
(14) PUD Guide [Section 5- 240.F.2.a.(8)] — The Applicant has submitted a PUD Guide
setting forth the proposed land use restrictions.
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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:
(l.) Consistency with Master Plan. The PUD is consistent with the Eagle County
Master Plan and the Future Land Use Map (FLUM) of the Master Plan.
(2) Consistent with Land Use Regulations. The proposed subdivision does comply
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 Develo ment 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.
(4) SuitahilityforDevelopment. 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.
(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.
Pursuant to Eagle County Land Use Regulations, Section 5- 230.D., Standards for
determining whether to adopt, adopt with modifications, or disapprove the proposed
amendment to the Official Zone District Map:
Consistency With Master Plan. The proposed amendment is consistent with the
purposes, goals, policies and FLUM of the Master Plan.
2. Compatihle with Surrounding Uses. The proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and it is an appropriate zone
district for the land, considering its consistency with the purpose and standards of the
proposed zone district.
3. Changed Conditions. There are changed conditions that require an amendment to
modify the present zone district or its density /intensity.
4. Effect on Natural Environment. The proposed amendment does not result in
significantly adverse impacts on the natural environment, including but not limited
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to water, air, noise, stormwater management, wildlife habitat, vegetation, and
wetlands.
5. Connnunity Need. The proposed amendment does meet a community need.
6. Development Patterns. The proposed amendment does result in a logical and
orderly development pattern, does not constitute spot zoning, and can logically be
provided with necessary public facilities and services.
7. Public Interest. The area to which the proposed amendment would apply has
changed or is changing to such a degree that it is in the public interest to encourage
a new use or density in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofthe
County of Eagle, State of Colorado:
THAT, the petition of John and Diana Donovan for a Zoning Amendment to change from
the Resource [R] Zone Districts to the Planned Unit Development [PUD] Zone District, File No. ZC-
00055, be and is hereby approved for the following described property located in the unincorporated
area of Eagle County:
See Exhibit A, Legal Description
attached hereto and thereby incorporated herein by reference
THAT, the application for approval of the Combined Sketch and Preliminary Plan for the
Arrowhead River Ranch (formerly the Donovan Parcel) Planned Unit Development be and is hereby
approved, sub ect to compliance with the following conditions:
1. That at application for final plat approval, the Applicant provide evidence that all
recommendations made by the Eagle River Fire Protection District in their letter
of 5/01/02 related to fire safety and wildfire mitigation have been appropriately
addressed. Vegetative manipulation for the purpose of reducing fuel loads on the
river bank to the north will be required prior to the issuance of a building permit
for the project.
2. That at application for final plat approval, the Applicant provide evidence that the
design, alignment and construction schedule for the bike path proposed to replace
the existing ECO Trails bike path adjacent to the property has been approved by
the Eagle County Transportation and Trails Department,
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a
3. That within 90 days of final plat approval, the Applicant make the first installment
Payment of fees-in-lieu-of-housing in the amount of $75,000. That within I year
of the day of final plat approval, or at the time of the Iast building permit issuance,
whichever comes first, the Applicant make the second installment payment of
fees-in-lieu-of-housing in the amount of $75,000.
4. That the Final Plat include a note requiring site specific geotechnical engineering
for each building location within the PUD prior to building permit issuance.
5. A note on the final plat shall require the applicant provide evidence that a
Conditional Letter of Map Amendment (LOMA) has been obtained from FEMA
indicating that lots 14 through 16 are outside of the flood plain, that home sites
are outside the mapped flood plain of the Eagle River at the time of building
permit issuance.
6. That at the time of final plat approval, the Applicant provide payment of fees -in-
Iieu -of- school land dedication in the amount of $1 5,220.
7. That all material representations made by the Applicant in submitted materials
and in public meetings shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
8. At the time of final plat approval, the applicant shall work out with staff the
recreational easement, from the County property to the public access of the South
bank of the Eagle River.
THAT the Board of County Commissioners directs the Director of Community
Development to enter this amendment on the appropriate page of the Official Zone District Map
and to provide a copy of this Resolution to the applicant.
THAT, the Donovan Parcel Land Use Plan map dated September 11, 2002, attached
hereto as Exhibit B is approved.
THAT, the Arrowhead River Ranch PUD Guide, dated September 10, 2002, attached
hereto as Exhibit C is approved.
THAT the Board hereby 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 Commis Ioners of the
d�
County of Eagle, State of Colorado, at its regular meeting held the aay o , 2002, nune
pro tune to the 30' day of July, 2002.
ATTEST:
Clerk to the Board of
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY
COMMISSIONERS
By: &WO
Michael L. Gallagher, airman
County Commissioners
By:
Tom C. one, Commissioner
By:_��
Arn M. Menconi, Commissioner
Commissioner Q seconded adoption of the foregoing Resolution.
The roll having been called, the vote w as follows:
Commissioner Michael L. Gallagher
Commissioner Tom C. Stone
Commissioner Arn M. Menconi
This Resolution passed by vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
Page 7 of 7
Exhibit A
I AtOPERTY DESCRIPTION
TRACT B
A TRACT OF LAND SITUATED IN SECTIONS 3 AND 4, TOWNSHIP 5 SOUTH,
RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING NORTHERLY OF
U.S. HIGHWAY 6 AND 24 AND SOUTHERLY OF THE EAGLE RIVER, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID
HIGHWAY 6 AND 24 FROM WHICH POINT THE SOUTHEAST CORNER OF SAID
SECTION 4 BEARS S89040'58'W 484.77 FEET; THENCE N86 °20'25 "E ALONG
SAID RIGHT -OF -WAY 131.78 FEET TO THE POINT OF BEGINNING; THENCE
LEAVING SAID RIGHT -OF -WAY NO3 032'09"W 90.92 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS 439.50 FEET AND A
CENTRAL ANGLE OF 20015'58", A DISTANCE OF 155.46 FEET (CHORD BEARS
N13 040'08 "W 154.65 FEET); THENCE N23 °48'07 "W 67.92 FEET TO THE SOUTH
BANK OF THE EAGLE RIVER; THENCE N64 °51'25 "E A DISTANCE OF 205.49
FEET ALONG AND CONFORMING TO SAID SOUTH BANK; THENCE
N86 026'25 "E A DISTANCE OF 119.00 FEET ALONG AND CONFORMING TO SAID
SOUTH BANK; THENCE S73 °57`29E A DISTANCE OF 312.61 FEET ALONG AND
CONFORMING TO SAID SOUTH BANK; THENCE S56 °39'30 "E A DISTANCE OF
178.65 FEET ALONG AND CONFORMING TO SAID SOUTH BANK; THENCE
S75 053'35 "E A DISTANCE OF 146.00 FEET ALONG AND CONFORMING TO SAID
SOUTH BANK; THENCE N89 °56'25 E A DISTANCE OF 124.40 FEET ALONG AND
CONFORMING TO SAID SOUTH BANK; THENCE N74'1 1'25'E A DISTANCE OF
152.00 FEET ALONG AND CONFORMING TO SAID SOUTH BANK; THENCE
S87 003'35 "E A DISTANCE OF 418.00 FEET ALONG AND CONFORMING TO SAID
SOUTH BANK; THENCE N80 °46'25 "E A DISTANCE OF 206.00 FEET ALONG AND
CONFORMING TO SAID SOUTH BANK; THENCE LEAVING SAID SOUTH BANK
S01016'25'W A DISTANCE OF 195.00 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 6 AND 24; THENCE S89 °24'25 "W
A DISTANCE OF 1220.90 FEET ALONG SAID NORTHERLY RIGHT OF WAY
LINE TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID
RIGHT OF WAY 309.37 FEET ALONG A CURVE TO THE LEFT SAID CURVE
HAVING A RADIUS OF 5780.00 FEET WITH A CENTRAL ANGLE OF 03 004'00"
(CHORD BEARS S87 °52'25'W A DISTANCE OF 309.33 FEET); THENCE
S 86 °20'25' W A DISTANCE OF 184.03 FEET ALONG SAID NORTHERLY .RIGHT
OF WAY LINE TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING
9.376 ACRES MORE OR LESS.
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1517Blakerivenue, Ste. 101
14lnvenres
Glenwood Springs, CO 81601 En (41 Grand Junction, CO 80501
phone 970 945 -8676 • fax 970 945 -2555 phone 303 925-0544 • 925 -0547 phone 970 858 -0933 • far 970 858 -0275