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Home My WebLink AboutR92-198 Eagle Meadow Minor Planned Unit Development • • t � <-IV Commissioner tdss.P. moved adoption G of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO t rn 1�I f RESOLUTION NO. 92 - �; -# - C''` APPROVAL OF THE COMBINED SKETCH AND PRELIMINARY PLAN OF THE ;- EAGLE MEADOW MINOR PLANNED UNIT DEVELOPMENT, LOT 7 -6 NEW YORK MOUNTAIN PROJECT (INCLUDING ZONE DISTRICT AMENDMENT) rrFs FILE NO: PD- 292 -90 S/P �. m r_ WHEREAS, on or about May 1, 1990, the County of Eagle, State of Colorado, accepted for filing an application submitted by Tom Backus for Aladdin Petroleum (hereinafter "Applicant ") for approval of the PUD Combined Sketch and Preliminary Plan of the Eagle Meadow Planned Unit Development, Lot 7 -6, New York Mountain p`-_ Project, File No. PD- 292 -90 S /P; and, WHEREAS, approval of the Application would allow for the development of one primary dwelling unit, and one guest or r caretaker unit as more specifically described in the PUD Guide, attached as Exhibit A. 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 held on June 20, 1990, the Planning Commission, based on its findings, recommended conditional approval of the proposed Combined Sketch and Preliminary Plan of the Eagle Meadow Planned Unit Development, Lot 7 -6, New York Mountain Project, with certain conditions; and, J` WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on June 26, 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 not applicable. 9. That the proposed PUD control document is satisfactory (see Exhibit A attached). 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. 2 III • 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 Tom Backhus for Aladdin Petroleum for approval of a Zone District Amendment and of the combined Sketch and Preliminary Plan for the Eagle Meadow, Lot 7 -6 New York Mountain Project 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 associated Road Vacation file G- 62 -90, should be amended to keep the access to the United States Forest Service trailhead public right -of -way. The Final Plat for Lot 7 - must maintain public right -of -way to the United States Forest Service trailhead resulting in the associated reduction in lot size. 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. 3 II) • MOVED, READ, AND ADOPTED by the Board of County Commissioners of th� ounty of Eagle State of Colorado, at its ✓ , meeting held the d day of zee(' . , 1991-, nunc pro tunc to the 26th day of June, 1990. ATTEST COUNTY OF AGLE, STATE OF COLORADO By and ' ro gh its $ / BOARD 4F COU TY COMMISSIONERS ie:,Di BY: � �� BY: _ � *11 Johnnette /mi llips Richard L. G -t son, •'f irman Clerk of the Board of f i f County Commissioners v pg.4 ).1) George ;_i Gates, Commissioner 0 t er.. /4 BY: �� o,��,�r Donald H. Welch, ommissioner C ugt Commissioner /47 seconded adoption to the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson ■ Commissioner George A. Gates - Commissioner Donald H. Welch - This resolution passed by ,:414u lt 2 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 III EXHIBIT A III P U D Guide Lot 7 -6 New York Mountain Project (aka Eagle Meadows) Lot 7 -6 is and shall be held, owned, transferred, sold, conveyed, leased, occupied and used subject to the following guidelines, all of which shall run with the land and shall be a burden and a bene- fit to the Property Owner, their successors and assigns, and each and every person or entity acquiring or owning an interest in the property, their grantors, successors, heirs, executors, adminis- trators, designees and assigns. Incorporated into these guidelines, and made a part hereof, are Protective Covenants for the Eagle Meadow (see Addendum I, attached hereto). Recorded in the Eagle County Clerk and Recorder's office at Book 529, Page 935, Lot 7 -6 will be further encumbered by these covenants. The purpose of the Guide is to maintain the attractiveness of the property, to prevent any future impairment thereof, to prevent nui- cances, to maintain the historic open ranch character, and to preserve, protect and enhance the scenic vistas, wildlife habitat, agricultural productivity, forest and water resources and open space values and amenities of the property. Uses by right: (a) Residential Use. No residence or other building shall be con- structed on the Property other than one single- family residence, one guest or caretaker facility and associated barns, garages and other outbuildings per lot. No commercial or industrial use shall be permitted or established on the Property; provided, however, that artistic or business activities which are conducted solely within a residence or other improvement and which do not create any additional traffic or burden on the Property shall be permitted. Note: The Caretaker Unit shall not exceed 1,500 sq. ft. in size and shall not be sold separately from the main dwelling. (b) See Paragraph 2, Page 3 (General Protective Covenants and Re- strictions) of the Declaration of Protective Covenants, attached hereto as Addendum I, for further use restrictions. Minimum setbacks: (a) Front Yard: 1. Arterial Street: 50 feet from the front property line. 2. Collector Street: 50 feet from the front property line. 3. Local Street: 25 feet from the front property line. • III (b) Rear Yard: 12 1/2 feet or half the height of any building on the lot, whichever is greater. (c) Side Yard: 12 1/2 feet or half the height of any building on the lot, whichever is greater. (d) Building Envelopes, further defining setbacks and natural screening, are discussed on Page 4 of the Protective Covenants attached hereto. Maximum building heights, for all improvements constructed on the propert is 30' . Exhibit B TRACT 7 -6 EAGLE MEADOW A TRACT OF LAND BEING A PORTION OF SECTION 29, TOWNSHIP 5 SOUTH, RANCE 82 WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TIIE SE CORNER OF TIIE NW 1/4 SE 1/4 SAID SECTION 29, THENCE N89 41'18 "W A DISTANCE OF 989.92 FEET TO TIIE NE CORNER OF TIIE W 1/2 NW 1/4 SW 1/4 SE 1/4 SAID SECTTON 29, THENCE S06 18'52"E A DISTANCE OF 631.14 FEET '1'O THE SE CORNER SATD W 1/2 NW 1/4 SW 1/4 SE 1/4 SECTION 29; THENCE N89 43'37 "W A DISTANCE OF 330.73 FEET TO TIIE SW CORNER SAID W 1/2 NW 1/4 SW 1/4 SE 1/4 SECTION 29; THENCE N48 57'34 "W A DISTANCE OF 946.86 FEET; THENCE N41 15 A DISTANCE OF 1285.80 FEET; THENCE S 49 06'02 "E A DISTANCE OF 1478.33 FEET TO THE POINT OF BEGINNING, CONTAINING 31.0863 ACRES, MORE OR LESS. I, RICHARD A. BACKT,UND, I3EING A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT TITIS LEGAL DESCRIPTION WAS WRITTEN BY ME AND TINDER MY SUPER- VISION, THAT IT IS 'I'R11E AND CORRECT '1'O THE BEST OF MY KNOWLEDGE AND BELIEF. DAT La- 2 9 O 11Y __A% " " •A11Y- itt (10847 444 44 ULiat8 f.,�'j suR��•' I1 ''930 -3 1/3l/90 • • Exhibit B Page 2 TRACT 7 -6, EAGLE MEADOW EAGLE COUNTY, COLORADO • TRACT 7 -1 N 41' 1,5'39 "E 12115.00 • MEADOW AREA — — � - 1 F— ro t' / U Q Cr m m in 31.OF)G3 ACfES 01 w N l0 0 • b • 4 lA ti 0 1I °6 ‘9. J9 U.S.F.S 'LP ( SCALE 1" -200' LINE BEARING DISTANCE 1 N B!l'43'37'W 330.73 BACKLUND LAND SURVEYS • P.O. ROX 614 * OM tont* 1.1.1 FRISCO, CO 80443 PHONE (303) 6611 -3710