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HomeMy WebLinkAboutR92-130 PUD for East Squaw Creek Minor PUDrA t Commissioner 6 o"T-'e-s moved adoption of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO � z RESOLUTION NO. 92 - J�._ G m �i rn A APPROVAL OF THE COMBINED SKETCH AND PRELIMINARY PLAN OF THE EAST SQUAW CREEK MINOR PLANNED UNIT DEVELOPMENT (INCLUDING ZONE DISTRICT AMENDMENT) FILE NO: PD- 295 -90 S/P v m T�-- WHEREAS, on or about September 17, 1990, the County of M Eagle, State of Colorado, accepted for filing an application submitted by Jack D. Beals (hereinafter "Applicant") for approval ��`'�; of the PUD Combined Sketch and Preliminary Plan of the East Squaw Creek Planned Unit Development, File No. PD- 295 -90 S /P; and, w WHEREAS, approval of the Application would allow for the development of 2 Primary Units and 1 Caretaker /Employee Unit and as further described in the East Squaw Creek Minor PUD Guidelines; and, G� r G ti- WHEREAS pursuant to Section 2.06.13(9) (Minor Planned Unit �C o` Development) of the Eagle County Land Use Regulations, Sketch c'' Plan and Preliminary Plan may be combined. WHEREAS, at its public hearing /hearings held on October 7, cr 1990, the Planning Commission, based on its findings, recommended cl ` approval of the proposed Combined Sketch and Preliminary Plan of c' the East Squaw Creek Minor Planned Unit Development, with certain conditions; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on November 27, , 1990; and, 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 applicable. 9. That the proposed PUD control document is satisfactory (see Exhibit A attached). 10. That an appropriate zone change application has been received. 2 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. 14a. 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; or 14b. That the proposed rezoning is necessary in order to provide land for a demonstrated community need. 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 Jack D. Beals for approval of a Zone District Amendment and of the combined Sketch and Preliminary Plan for the East Squaw Creek 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. There is to be no commercial application of any kind 3 c including those listed by right and special use in the Resource Limited Zone District, i.e., Riding Stable and Outfitter /Guide. 2. The PUD Guide and Protective Covenants should be amended to include recommended practices for wildfire protection within identified wildfire hazard areas. The recommended practices should include, but necessarily limited to the following: a. Cleared safety zones around all structures; b. Thinning and pruning to reduce fuel. 3. Provide a driveway design with the final plat application. 4. School dedication fee $72.48 for 1 unit, due at final plat. 5. Eliminate the "flagpole" on lot 9. 6. The PUD Guide must include fence construction specifications to allow for wildlife migration. 7. Strict pet control. Dogs should at least be under full owner control. 8. The inclusion of a caretaker unit on lot-10 is not to be considered a precedent for future caretaker units in the area. 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 _s J C MOVED, READ, AND ADOPTED by the Board of County Commissioners of th Cnty of Eagle, State of Colorado, at its meeting held the _ day of /"),�� 19 nunc pro tunc to day of November, 1990. ATTEST COUNTY OF EAGLE, STATE OF COLORADO By and Through its �►ozolt o BOARD OF COUNTY COMMISSIONERS BY: BY: 5 ohnnette Phillips 7 Richard L. Gustafson, Chairman Clerk of the Board of County Commissioners BY: Georg eK A. dzites, Commissioner BY: Donald H. Welch, Commissioner Commissioner lciak seconded adoption to the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson 7V 1011 Commissioner George A. Gates -e,' Commissioner Donald H. Welch lqz;k' This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 EXHIBIT "A" East Squaw Creek Minor PUD PUD Guidelines A) Purpose - To provide clustered, low density building sites and significant open space areas for the protection of Squaw Creek's natural resources and existing character, in general conformance with Eagle County's Resource Limited zone district. B) Permitted Uses by Right: 1. Agricultural and ranching, including garden greenhouse, nursery, orchard, wood lot, and customary accessory uses including buildings for shelter or enclosure of persons, animals, or property primarily employed in any of the above uses; 2. Reservoirs and dams engineered to contain ten acre feet of water or less; 3. Water diversion structures, ditches and pipeline structures engineered to convey fifteen cubic feet or less of water per second of time and designed to serve less than ten dwelling units for domestic use. 4. Single- family dwellings on defined lots with customary accessory uses including buildings for shelter and /or enclosure of animals or property accessory to use of the lot for residential purposes; 5. Open space; 6. Utility distribution lines and facilities; 7. Day care home; ,,,-8. Outfitter and Guide; 9. Temporary buildings associated and accessory to the uses specified above; 10. Home occupation, excluding the sale or exchange of goods on site; L/11- Riding stables. C) Limited Uses Permitted: 1. Lot 10 shall be permitted to provide a single caretakers/ employee dwelling unit in addition to the primary dwelling. It may be contained within, attached to, or separate from the primary dwelling. It may not exceed 1,000 square feet in size. D) Building Height: E) Setbacks: 1. Maximum building height for primary dwelling structures shall be 35 feet. 2. Maximum building height for accessory use structures shall be 25 feet. 1. Lot lines. Structural placement (both primary and accessory), and setbacks are limited to the defined building envelop as illustrated on the recorded final plat. No structures, as defined by the Eagle County Building code, may be constructed outside of these envelopes. EXHIBIT "B" LEGAL DESCRIPTION A Parcel of land located in Tracts 57, 58 and 75, Sections 11, 12 and 13. Township 5 South, Range 83 West of the Sixth Principal Meridian, according to the Independent Resurvey as approved on June 20, 1922, Eagle County , Colorado. Basis of all Bearings shown hereon bein N 00'05'01 E between Angle Points 2 and 3, of Tract 75. both being found 2 1)2' diameter Brass Caps on 1' diameter Iron Pipes. Sold Parcel being more particularly described as follows: Lot 9, according to the Find Plat of Chaveno Subdivision as found in Book 438 at Page 400 of the Eagle County Records, State of Colorado. Lot 1, according to the Final Plat of E.B. Subdivision as found in- Book 525 at Page 637 in the Eagle County Records, State of Colorado. Tract B, according to the First Amended Final Plat, Filings No. 1 k 2 as found In Book at Page In the Eagle County Records. State of Colorado. Described Parcel containing 92A3acres more or less. C�� Lci /i��'dy Ro— ger,Nf. Meyler, P.L.S.2696 -7 Proje6t Manager Johnson Kunkel do Assoc. Inc- 1;7— 90 Date rIPLa I TED A Resubdivision of l COLDRON at Squaw Creek 5 00'Dt'18' W 1399.37' 1220.45' _..._.._..._.. — .._.._.._.._.. 'RACT C DEN SPACE 24; acres i o f 1, E.3. SubCi ..lion 3 2G page 0 r � ;n iT 00 ss� 8a' h 4.'a 3a° 693.69 y 04'0''05" N be +acctCa -% i4S acres Roca Easement - ,.criaoie wiCV i t ^79 v.: _- - - - -_- -- - - - - _ - - - -- - - -- - - --