No preview available
HomeMy WebLinkAboutR92-207 Harmony View Subdivision Approval of Zone District Amendment • • Commissioner 7 7 � s moved adoption of the following Resolution: RESOLUTION OF THE C` C BOARD OF COUNTY COMMISSIONERS Z� COUNTY OF EAGLE, STATE OF COLORADO CA; cr RESOLUTION NO: 9 A - APPROVAL OF ZONE DISTRICT AMENDMENT HARMONY VIEW SUBDIVISION 0 FILE NO: ZC- 252 -92 ua WHEREAS, Kip and Wendy Koski did file an application with the ▪ Eagle County Department of Community Development on or about February 1, • 1992, to rezone the herein described property in Eagle County from Rural (� Residential (RR) to Planned Unit Development; and u.l WHEREAS, at its public hearing held March 19, 1992, the Planning Commission, based on its findings, recommended approval of the -�� proposed Zone District Amendment, 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 March 31, u., 1992; 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 the proposed zoning is consistent with the Master Plan. • 3. That the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 4. That the advantages of the use requested outweigh the c disadvantages. 5. 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. 6. 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 or density in the area. 7. That for the above stated reasons, the proposed zoning 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 the petition of Kip and Wendy Koski, File Number ZC- 252 -92, for a Zoning Amendment to change from the Rural Residential Zone District to the Planned Unit Development Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: The SW4 NEB, Section 28, Township 7 South, Range 87 West of the 6TH Principal Meridian, being more particularly described as follows: Beginning at the Northerly right -of -way of County Road 102 at the NE1 /16 corner of said Section 28 whence a 3" aluminum cap being the witness point for said corner bears S00 °39'33 "W, a distance of 52.40 feet; thence S00 °39'33 "W, a distance of 1335.17 feet to a 3" aluminum cap being the E1 /16 of said Section 28; thence N89 °05'30 "W, a distance of 1360.46 feet to a 1 aluminum cap being the center of said Section 28; thence N01 °51'00 "E a distance 1332.92 feet to the point of beginning, containing 41.116 acres, more or less. COUNTY OF EAGLE COUNTY OF GARFIELD STATE OF COLORADO 2 494633 8 -598 P - 542 01/05/93 15:00 PG 2 OF 7 THAT the zoning re strictions for the Harmon View Subdivision g y Subdi are described in the approved Planned Unit Development Guide for the Harmony View Subdivision, dated March 31, 1992, and attached hereto and incorporated herein by this reference as Exhibit A; THAT the Board of County Commissioners directs the Director of the Department of Community Development to enter this amendment on the C' appropriate page of the Official District Map and to provide a copy of this Resolution to the applicant. l� O MOVED, READ AND ADOPTED by the Board of County Commissioners of the Cpunty of Eagle, State of Colorado, at its meeting held the /` /`— day of . , 199 Z nunc pro tunc to the 31st day of March, 1992. / �.Z'( Is COUNTY OF EAGLE, STATE OF COLORADO By n Through its gile • O BOARD O COUNTY COMMISSIONERS ATT sa e P o1I BY: � Gu.� BY L Alrldr4r Clerk to the Board •f Richard L. a'so hairman County Commissioners - .4- -org fA. Gates, Commissioner 1s !Vc Donald H. Welch, Commissioner Commissioner ,� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson 47 Commissioner George A. Gates ? 42-‘, -� Commissioner Donald H. Welch This Resolution passed by a ( g 41 , )1 ihS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 494633 5-598 P -542 01/05/93 15:00 PG 3 OF 7 • • Planned Unit Development Control Guide for the Harmony View Subdivision c c r; iwib The purpose of this document is to clearly define the controls which will guide the development of the Harmony View Planned Unit Development. Included are only those controls which are at variance from the standard Eagle County Land Use Regulations and are unique the Harmony View PUD. All other Eagle County Land Use Regulations shall be applicable to the Harmony View PUD. This PUD Control Guide approved by the Board of County Commissioners of Eagle County, Colorado this 3/ day of 71 ze..,— / , A.D. 1992, for filing with the Clerk and Recorder of Eagle County. Ch='rman Board of Count C. issio er' County of Eagle, Colorado el s1►at4, s G Witness my hand and seal of the County of Eagle. i ° `F4. z ` t • ,t i _ C n cnZoRAD° ATTEST: L LthGjJ)L 7 0 ) Clerk to the Board of County Commissioners 494633 8-598 P-542 01/05/93 15:00 PG 4 OF 7 , - 1' 7 / : - • • PERMITTED PERMANENT LAND USES Single family dwelling on a separate lot and accessory uses customary to individual residential use including garages, storage sheds, fences, hedges, gardens, walls and similar landscape features. ACCESSORY USES Signs. No billboards, signs, or other advertising devices of any nature shall be erected, ry placed, maintained, or permitted, provided that this restriction shall not be construed to prevent appropriate names and address signs and signs that advertise property for sale or rent insofar as it is necessary to promote the sale and development of such properties. Fences. Fences shall not exceed 42" in height with not less than a 12" kick space. The Architectural Control Committee (ACC) shall be responsible for providing the necessary guidelines for construction materials and standards. Fences of greater height for screening purposes shall be allowed provided such fence is contiguous with a primary or accessory structure. Lot 1 shall be allowed discontiguous screening fences. Lighting. Outdoor lighting will not cast glare on adjacent properties, access easements or rights -of -way. Parkin Minimum 3 spaces per dwelling unit. Storage. No boats, campers, trailers, snowmobiles, or other such recreational vehicles or devices shall be stored or permitted to remain more than three (3) continuous days on any Lot unless the same are stored in a garage or screened from general view. Screening fences must be contiguous with a primary or accessory structure, excepting Lot 1. BUILDING STANDARDS Maximum Height. Maximum height as defined by the Eagle County Land Use Regulations is not to exceed 35 feet. Construction Areas. Construction of permanent buildings may take place only within areas designated on the Harmony View recorded Final Plats as "Building Setback Lines" or Building Envelopes ". Dwellings for human habitation, vehicle garage, barns, sheds, and other structures, except fences, may only be constructed within such designated area. Lot Coverage. As restricted by the platted building envelope and the ACC. Type of Dwelling Units. Single Family Residential only. 1 494633 B -5`'8 F - 542 01;''05; 93 15. 00 PG 5 OF 7 • • • Number of Dwelling Units. One per Lot. Maximum Floor Area Ratio. No restrictions other than the ACC guidelines. Minimum Floor Area. Each single family structure shall contain a minimum of 2000 c square feet of floor area. C, 2: View Planes. All structures shall be sited on each Lot by the ACC. In siting a structure, the ACC shall approved its location as near to the spot selected by the Owner as shall not impede or restrict the view plane of the other Owners. Individual Sewage Systems. Each residence shall contain at least one (1) fully equipped bathroom, and all sewage shall be disposed of by means of an individual, mechanical sewage treatment facility, or septic tank and leachfield system as shall be approved by the Eagle County Division of Environmental Health. Maintenance and repair, including periodic pumping of septic systems, is required and is the responsibility of the homeowner. LOT STANDARDS Number of Lots. 7 Minimum Lot Area. 3.8 Acres Setbacks. As restricted by the platted "Building Envelopes ". Clear Quarter Corner. No fence, wall, hedge, shrub, structure, or other obstruction to view which is over 42 inches in height shall be erected, placed, or maintained within a triangle formed by the point of intersection of lot lines abutting a street and /or access easement and the points located along the lot lines 55 feet from the point of intersection. Drainage. No alteration, obstruction or diversion of any natural water drainage courses and patterns shall be allowed. ARCHITECTURAL TREATMENT All structures shall be constructed of natural materials, such as wood, brick, and stone, or a combination thereof,except that metal roofs will be allowed. The use of cinder block shall not be allowed unless it is faced with another material herein approved. No loud or conspicuous colors shall be used for the exterior of structures, except for trim purposes. PG 6 OF 7 494633 B-598 P-542 01,/ 05,/93 15:00 • • • • Architectural Control Committee. No improvements of any kind, including landscaping, may be performed on any Lot unless three (3) complete sets of architectural plans and specifications for such construction or alteration or landscaping are submitted to and approved by the ACC prior to commencement of such work. LANDSCAPING C' t: Lawn and garden irrigation from the Harmony View Homeowner's Association water distribution system shall be limited to 2,500 square feet per Lot. The existing foliage and vegetation of each Lot shall be preserved in as near a natural state as possible. All disturbed areas must be promptly revegetated with indigenous materials. The ACC has authority over any landscaping proposals. GENERAL PROVISIONS Animals. Domestic pet -type animals within the Harmony View PUD shall be allowed. Dogs must be kept within the boundary of the Lot of the Owner and must be under full direct control of the Owner. Lots must be kept clean, sanitary, and reasonably free from refuse, insects, and waste. All animals must be so maintained that they do not be come a nuisance to the neighborhood and do not run at large, endanger or harass other animals, including wildlife, upon neighboring lands and public domain. Hunting, shooting, trapping, harming or killing of wildlife shall not be permitted. No domestic farm -type animals shall be kept on any Lot except such animals may be kept on Lot 1. Property Maintenance. Each Lot shall be kept clear and free of rubbish and trash. No noxious or offensive conduct or activity shall be carried on upon any Lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. Clothes lines, equipment, garbage cans, service yards, woodpiles, or storage areas shall be adequately screened by planting or construction to conceal the same from general view. The outside burning of trash, rubbish, or other materials shall be absolutely prohibited. Standard and approved barbecues and fireplaces shall be allowed for the preparation of foodstuffs only. Commercial Use. There shall not be permitted or maintained upon any Lot, or any part thereof, any trade, business, or industry, except that Owners may rent or lease their dwelling for residential purposes when not required for the Owner's use. Renting or leasing of a dwelling may only be done for the enure dwelling, and no apartments or other divisible use of the dwelling shall be utilized by anyone other than the Owner. 3 494633 8 -598 P-542 01/05/93 15.00 PG 7 OF 7