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HomeMy WebLinkAboutR92-105 PUD for Pyle Ranch MinorCommissioner �nY'rr�S moved adoption of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO I RESOLUTION NO. 92 - D G `J APPROVAL OF THE lz� COMBINED SKETCH AND PRELIMINARY PLAN OF THE PYLE RANCH MINOR PLANNED UNIT DEVELOPMENT (INCLUDING ZONE DISTRICT AMENDMENT) Q) Q FILE NO: PD- 298 -91 S/P W cC) WHEREAS, on or about January 31, 1991, the County of Eagle, State of Colorado, accepted for filing an application submitted r by I -Plan Inc. for Thomas & Judith Pyle (hereinafter "Applicant ") for approval of the PUD Combined Sketch and Preliminary Plan of the Pyle Ranch Planned Unit Development, File No. PD- 298 -91 S /P; and, WHEREAS, approval of the Application would allow for the w development of a single family Primary dwelling with 2 kitchens, U and a secondary dwelling /guest house and bunk house as more f' specifically described in the PUD Guide recorded at book 555, 8 3 5 and p age ; , WHEREAS pursuant to Section 2.06.13(9) (Minor Planned Unit Development) of the Eagle County Land Use Regulations, Sketch Plan and Preliminary Plan may be combined. WHEREAS, at its public hearing /hearings held on March 20, r, M 1991, the Planning Commission, based on its findings, recommended ti conditional approval of the proposed Combined Sketch and Preliminary Plan of the Pyle Ranch Minor Planned Unit un Development, with certain conditions; and, I La CQ � :z WHEREAS, a public hearing was held by the Board of County 10 Z z Commissioners of the County of Eagle, State of Colorado, on C; Qa March 26, 1991; and, �-J C C WHEREAS, based on the evidence, testimony, exhibits, 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: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That all criteria of Section 2.06.13(4) (PUD Sketch Plan Application) and Section 2.06.13(5) (PUD Sketch Plan Review) of the Eagle County Land Use Regulations have been considered. 3. That there is conceptual evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. 4. That the land included in the proposed Sketch Plan is suitable for subdivision. 5. That comments and recommendations from the agencies listed in Eagle County Land Use Regulations, Section 2.17.02(1), have been considered. 6. That the evidence shows that access which is capable of servicing the development from the state highway system to the parcel of land proposed for subdivision can be built by the Applicant. 7. That an environmental impact statement is not required. 8. That information required by the Board of County Commissioners at Sketch Plan is not applicable. 9. That the proposed PUD control document is satisfactory (see Exhibit A attached). 2 C 10. That an appropriate zone change application has been received. 11. That the proposed Sketch and Preliminary Plan is in conformance with the Master Plan, policies, guidelines, zoning and other applicable regulations. 12. That the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 13. That the advantages of the use requested outweigh the disadvantages. 14. That the area for which the rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use of density in the area; 15. That for the above stated reasons, the proposed rezoning is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Eagle County, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, subject to the conditions set forth below, the application submitted by I -Plan Inc. for Thomas & Judith Pyle for approval of a Zone District Amendment and of the combined Sketch and Preliminary Plan for the Pyle Ranch Planned Unit Development be and is hereby approved for the following described parcel of land: SEE EXHIBIT B THAT, the following conditions are hereby placed upon this approval: 1. The Final Plat shall dedicate additional Right of Way to Eagle County for Lake Creek Road. The additional Right of C Way shall follow the existing fence line parallel with Lake Creek Road or as recommended by the County Engineer. 2. Payment of $1000 off -site road impact fee at Final Plat. 3. Payment of school impact fee at Final Plat. 4. Waiver of Environmental Impact statement. 5. Modifications to the PUD Guide per official "red mark print" dated March 18, 1991, referring to covenants covering parcel A and B, referring to a house with a kitchen, a bunkhouse having no kitchen and secondary unit with a kitchen. Delete any mention of conference center in the PUD Guide. No commercial activity shall occur on the property. 6. The Final Plat should delete the lot line between Parcel A and B. 7. Provide engineered septic systems. 8. A well permit be obtained prior to Final Plat. 9. Water rights be clarified for the ponds prior to Final Plat. 10. A grading permit be obtained prior to grading. 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. 24 -68 -101, et seq. THAT the Board of County Commissioners directs the Department of Community Development to enter its amendment on the appropriate page(s) for the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. 4 C C MOVED, READ, AND ADOPTED by the Board of County Commissioners of the C_04nty of Eagle- St to 4 of Colorado at its meeting held the o =� day of 19 nunc pro tunc to the 26th day of March, 1991. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS Clerk County of the Board of Commissioners BY: Richard L. Gustafson, Chairman BY: Georg A. Gates, Commissioner -" \ k .\ BY: IWT Dona h. Welch, Commissioner Commissioner Z4-) G ' adoption to the foregoing resolution. called, the vote was as follows: seconded The roll having been Commissioner Richard L. Gustafson Commissioner George A. Gates f-G� Commissioner Donald H. Welch 4,e- This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 r p• ® EXHIBIT "A" 451969 B -555 P -835 O , / 10,/ 1 14:46 PG 1 OF REC DOC JOHNNE TTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 10.00 07 00 PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT FOR PYLE RANCH USES BY RIGHT Refer to the approved Site Plan entitled "Preliminary Plan, Pyle Ranch ", Job No. 9020, dated 1 -30 -91 and updated 3- 13 -91. Parcel A: a) Agricultural including ranch, garden, greenhouse, nursery, orchard, woodlot, fishery, and customary accessory uses including buildings for shelter enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, walls, and similar landscape features; b) Single family primary dwelling (with 2 kitchens); c) Secondary dwelling (Guest House which can be used as a caretake unit and have 1 kitchen); d) Bunk house - the existing garage can be converted to a bunk house, but cannot have a kitchen; e) Sales of raw agricultural products; f) Private open space, subject to the open space provision recorded in Book 429 at Page 595; g) Water diversion structures, ditches and ponds. Parcel B: a) Open space - For the purpose of providing private, agricultural, recreation or conservation opportunities. Construction within open space is limited to roads, foot paths, irrigation structures, erosion protection devices, under ground utilities, and is subject to the open space provision recorded in Book 327 at Page 170. MINIMUM SETBACKS As shown on the Preliminary Plan or as listed below: Front yard 50 feet from property line Rear yard 50 feet from property line Side yard 25 feet from property line - except existing accessory buildings MAXIMUM BUILDING HEIGHT 35 Feet PUD CONTROL DOCUMENT FOR PYLE RANCH SHEET 2 OF 2 OWNERS: ace 3/13/91 BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY: DA A� - ci 451969 B -555 P -885 06110191 14:46 PG 2 OF 2 C G EXHIBIT "B" PARCEL A: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TMNS11IP 5 SOUTH, RANGE 82 WEST' OF ' HI", 6TH'. PRINCIPAL MERIDIAN, EXCEPT THE FOLLOWING DESCl11 LI1:D PROPE11TY : THAT PORTION OF THE NE1 /4NE1 /4, SI:CTLON 7, TOWNSHIP 5 SOUTH, RANGE 02 WEST OF THE 6TH. PRINCIPAL MERIDIAN, ACCORDING TO THE DEPH,NDENT RESURVEY OF SAID TOWNSHIP AND 11ANGl; FILED OC'T011ER 19, 1977 IN THC BUREAU OF LAND MANAGEMENT OELICE IN DL.NVER, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS S'OLL.OWS: BEGINNING AT TiiE SOU'1'IIWI,S'C1,RLY SECTION 7; THENCE S. 89 DEGREES 56'43" E. LINE OF SAID NE1 /4NE1 /4; THENCE DEPARTING SAID SOUTHERLY 265.29 FEET; THENCE N. 09 DEGREES 04'07" E. T+10E N. 77 DEGREES 54'06" W. THENCH S-,,.50 DEGREES 02'45" W. Or SAID NE114NE1 /4; COIINI I( OF SAID NE1 /4NEl /4 OF 237.50 FEET, ALONG THE SOUTHERLY LINE N. 20 DEGREES 12'13" W. 195.62 FEET; 00.30 FEET; 126.97 S'EE'P, TO THE WESTL-,I2I,Y 'LINE WXZMl;z S. 00 DEGREES 10' 09" W. 377.21 C'EL'T, ALONG SAID WESTERLY UNE TO - THE POINT O'P AS IN DOCUMENT RECORDED AUGUST 12, 1982 IN BOOK 344'A'1' PAGE 164, AS RECEPTION NO. 240509. TOGETHER ,WITH AR UNDIVIDED 1 /5TII. iNTERE'ST IN AND TO THE NORTHWEST 1/4 OF THE NORTIINLST 1/4 (NW I / 4NE1 / 4) OF SECTION 7, AND AN UNDIVIDED 1 /5'rll. INTEREST IN AND TO THE EAST 1/2 OF THE NORTHWEST 1/4 (E1 /2NIY1 /4) OF SECTION 7, 'TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH, PRINCIPAL MLRIDTAN. (COMMON AREA) EXCEPTING: TI1'EREFROM Lhal. Ric1hL of Way granted The County of Eaglc, recorded July 14, 1902 in Hook 342 at Pare: 059 as RecepLi(>n No. 233206.