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HomeMy WebLinkAboutR92-140 PUD for Adams Minorr# J commissioner i�ejJ moved adoption of the following Resolution: RESOLUTION OF THE `-4 COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 q r, APPROVAL OF THE r.,. COMBINED SKETCH AND PRELIMINARY PLAN OF THE �.� r ADAMS MINOR PLANNED UNIT DEVELOPMENT b s (INCLUDING ZONE DISTRICT AMENDMENT) ujr�� fn r G, WHEREAS, approval of the Application would allow for the r- development of 2 single family residential lots and 1 2 primary /guesthouse lot; and, G 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. r� WHEREAS, at its public hearing /hearings held on March 3, March 21 and May 2, 1991, the Planning Commission, based on its Cj findings, recommended approval of the proposed Combined Sketch and Preliminary Plan of the Adams 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 May 28, 1991; and, FILE NO: PD- 297- 91 -S /P 1?, � L WHEREAS, on or about January 15, 1991, the County for filing an application submitted of Eagle, State of Colorado, by Robert and Ruth accepted Adams (hereinafter "Applicant ") for approval of the PUD Combined Sketch and Preliminary Plan of the Adams Minor Planned Unit Development, File No. PD- 297- 91 -S /P; and, rry r G, WHEREAS, approval of the Application would allow for the r- development of 2 single family residential lots and 1 2 primary /guesthouse lot; and, G 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. r� WHEREAS, at its public hearing /hearings held on March 3, March 21 and May 2, 1991, the Planning Commission, based on its Cj findings, recommended approval of the proposed Combined Sketch and Preliminary Plan of the Adams 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 May 28, 1991; 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). P" x,} 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. 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 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 Robert and Ruth Adams for approval of a Zone District Amendment and of the combined Sketch and Preliminary Plan for the Adams Minor Planned Unit Development be and is hereby approved for the following described parcel of land: The NW4 SE4 SW4 of Section 2, Township 8 South, Range 86 West of the 6th Prime Meridian; According to the original survey under which the Patent to subject property was issued; and, C i A tract of land situated in Tract 41 of Section 2, T8S, R86W of the 6th P.M., more particularly described as follows: Beginning at a point whence the Northeast Corner of said Tract bears North 890 50.2' East 904.70 feet; thence South 660.00 feet; thence North 890 50.2' East 198.00 feet; thence North 660.00 feet to the North line of said Tract 41; thence South 890 50.2' West 198.00 feet along said North line of Tract 41 to the point of beginning. COUNTY OF EAGLE STATE OF COLORADO THAT, the following conditions are hereby placed upon this approval: 1. The declaration of covenants for the Adam's Minor PUD shall include language for the common use of the well. These covenants must also include language providing for the ownership and maintenance of the private roads, drives and parking. 2. The plat will reserve a 10 -foot wide easement along the indicated Forest Service access road as well as that portion of the PUD access drive that is identified as the old stagecoach road. The access easement is for non - motorized use and is intended only as a future trail easement. The easement shall become activated upon acquisition of dedication of a connecting easement on adjacent private lands. 3. An off -site road impact fee of $2000.00 is required at final plat. 4. A cash in lieu of school land dedication fee of $144.95 is required at final plat. 5. The following should be included as plat notes as well as in the PUD Guide: a. Wildfire "safety zones" or "defensible space" be described and adhered to as approved by the Colorado State Forest Service. b. Due to the presence of bighorn sheep, property fencing should be no higher than 42" with an 18" kickspace. Dogs should be under full owner control at all times. C. No building construction shall occur outside the platted building envelopes. d. Required with any building permit application of any new permanent structure(s), a site specific 4 0 soils investigation, an engineered foundation design, and an engineered drainage plan shall be performed by a registered professional engineer. e. The sewage disposal systems and leach fields for these parcels shall be designed by a registered professional engineer prior to the issuance of an I.S.D.S. permit. f. Eagle County accepts no responsibility for the maintenance or replacement of the access road or bridge under any circumstances. 6. The building envelope on Lot 1 should be corrected to include the existing secondary unit. 7. All plat notes shall be included in the PUD Control Document. 8. The final plat shall show approximate driveway locations for Lots 2 & 3. 9. The applicant shall submit a USGS topographic map showing approximate building envelope locations. 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. 5 l MOVED, READ, AND ADOPTED by the Board of County Commissioners of the ty of Eagle, State of Colorado, at its meeting held the , day of ®!1 / -Q 19��, nunc pr._to the 28th day of May, 1992. 0 BY: ohnnette Phillips Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS BY: 1f7"Z- 4S-2%) 7`.2 Richard L. Gustafson, Chairman BY: George A. Gates, Commissioner BY: �H.We�lch�,Com�miss`ioneTr Donald Commissioner �J- adoption to the foregoing resolution. called, the vote was as follows: seconded The roll having been Commissioner Richard L. Gustafson Commissioner Commissioner George A. Donald H. Gates Welch !� This resolution passed by 9 ;eu-c) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. R 0 � f EXHIBIT "A" ADANS PLANNED UNIT DEVELOPMENT P.U.D. GUIDE C" 1) Purpose: to allow for low density residential uses and conservation of existing trees and wildlife. 2) Uses, by Right: a) Single family dwelling and customary accessory uses including buildings for shelter or enclosure of animals. b) Lot 1 only: in addition to one single family dwelling, one guest house with maximum floor area of 1200 square feet will also be a use by right. c) Non- commercial agricultural including farm, garden, greenhouse, orchard or ranch and customary accessory uses including buildings for shelter or enclosure of animals. d) Park 3) Uses, Special: a) Home occupation, excluding sale or exchange of goods on the site. b) Temporary building or use in accordance with Supplementary Regulations. 4) Minimum Lot Area: 2.35 acres 5) Minimum Setbacks: See Building Envelope on plat 6) Maximum Building Height: 30 feet 7) Wildfire Safety Guidelines: In order to reduce threat to structures due to wildfire, all new and existing construction shall abide by the following guidelines: - Roof coverings to be noncombustible. - No tree branches permitted within 15 feet of chimneys. - Fire safety zone must be maintained within 30 feet of structure: - no tree crowns may touch each other, with the exception of a few isolated clumps. - trees within 2 tree heights of structure must be pruned of dead limbs to • height of 10 feet. Half of these trees must be pruned of all limbs to • height of 10 feet. - On Lots 2 & 3, sagebrush within 30 feet of structure must be removed. - Firewood in quantities of one - quarter of a cord or more may not be stored within 10 feet of a structure, or downhill from a structure. Kindling may not be stored adjacent to stacked wood. - Roofs to be kept free of flammable debris. - Area within 10 feet of structure to be kept free of dead or dry plants and other flammable debris. i 8) Soils Testing & Engineering: Prior to construction of any permanent structure(s) on Lots 2 or 3, a site specific soils investigation (borings, backhoe pits, or excavation observation), an engineered foundation design, and an engineered drainage plan shall be performed by a registered professional engineer. 9) Sewage Disposal: Sewage disposal systems and leach fields for these parcels shall be designed by a registered professional engineer. 10) Wildlife: Due to possible impact on wildlife in the area, property fencing should be no higher than 42" or rails more than 18" apart. Dogs are not permitted unless under full owner control or secured in an enclosed kennel. 11) Future Trail Easement: The old stagecoach road, which runs east -west through Lots 1 & 3 and forms part of the driveway, is reserved as a future trail easement for non - motorized use, to be activated upon acquisition or dedication of a connecting easement on adjacent private lands. 12) Road Maintenance: Eagle County accepts no responsibility for maintenance .or replacement of access road or bridge under any circumstances.