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Home My WebLink AboutR95-012 amendment to PUD for Homestead Filing 1"1 I ." sK +j P_� Commissionec 1 (" ", moved adoption of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95 - _. APPROVAL OF AMENDMENT TO THE HOMESTEAD, FILING 1 PLANNED UNIT DEVELOPMENT FILE NO. PD- 141 -94 -A WHEREAS, on or about June 17, 1994, the County of Eagle, State of Colorado, accepted for filing an application submitted by Homestead Owners Association (hereinafter "Applicant ") for amendment of the Filing 1 Planned Unit Development, Edwards, Colorado (hereinafter the "PUD"), File No. PD- 141 -94 -A; and WHEREAS, the Applicant requested the amendment of the PUD for the purpose that the Homestead PUD Guide be amended to provide direct access from Homestead Drive for lots 17, 18, 19 and 20; Block 7; and as more specifically described in the Ameded Planned Unit Development Guidelines for the Homestead Filing #1, attached as Exhibit A. WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meeting held July 20, 1994, the Planning Commission, based upon its - findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its public meeting hearing of August 2, 1994, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: 1. The proposed amendment to the Homestead, Filing 1 Planned Unit 555577 B -659 P -547 01/18/95 03:08P PG 1 OF 9 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 a Developmen . s consistent with the efficient development and preservation of the entire PUD. 2. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest. 3. The proposed amendment shall not solely confer a special benefit upon any person. 4. The affected land has access and can be serviced with water and sewage disposal systems appropriate for the land use designation being sought has been provided. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Homestead Owners Association for amendment of the Homestead, Filing 1 Planned Unit Development be and is hereby granted in accordance with the attached Amended PUD Guide, Exhibit A. The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State.of Colorado, at its regular meeting held the 17th day of January, 1995, nunc pro tunc to the 2nd day of August, 1994. Clerk of thLK Board of IT49 Board of County Commissioners B Georg A. Gates, Commissioner E. Johnsop! Jr., Conwrssioner Commissioner / seconded adoption of the foregoing Resolution. tfie roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates '2 02 .� Commissioner James E. Johnson, Jr. CY444 This Resolution passed by �2-6 vote of the Board of County Commissioners of the'County of Eagle, State of Colorado. 2 AMENDED PLANNED DEVELOPMENT GUIDELINES OF THE HOMESTEAD, FILING #1 ARTICLE I DEFINITIONS Section 1 . "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Vacant Lot or Dwelling Unit located on a Lot which is a part of the Properties, including contract sellers, but excluding those having such an interest merely as security for the performance of an obligation. Section 2 . "Properties" shall mean and refer to that certain real property described above, together with such additions thereto as may hereafter be brought within the jurisdiction of the Association in accordance with the terms and provisions of this Declaration. Section 3 . "Common Area" shall mean and refer to all' real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described on the final plat for The Homestead Filing No. 1. Roadways and sidewalks for pedestrian and vehicular uses and underground utility lines, and fixtures and devices used or useful in the operation of said utility lines, may be constructed, operated and maintained over, through and across the Common Areas. Buildings to be used by utilities, fire department, and other public agencies may be constructed on Common Areas upon approval of the Design Review Committee. Residential Dwelling Units located in public facilities for public employees are acceptable on Common Areas, subject to approval of the Design Review Committee and the granting of a special use permit by the Board of County Commissioners of Eagle County, Colorado, or other successor governmental authority. Section 4 . "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map including all or a portion of the Properties, with the exception of (a) the Common Area, (b) private tracts as so described on the plat of The Homestead - Filing No. 1, " and (c) Private Open Space as so designated on said plat. Section 5 . "Declarant" shall mean and refer to Homestead Ranch Development Corp., a Colorado corporation, and any successor or assignee as may hereafter be designated by Declarant by a written instrument duly recorded in the office of the Clerk and Recorder of Eagle County, Colorado. 1 Section 6 . "Single Family Lot" shall mean and refer to a Lot which may be used solely for residential purposes and upon which not more than one building containing not more than one Dwelling Unit, together with not more than one garage /accessory building, may be constructed, as so designated on a recorded plat of all or a part of the Properties. Section 7 . "Multi- Family Lot" shall mean and refer to a Lot which may be used solely for residential or child daycare purposes, upon which may be constructed a building or buildings to be used for multifamily residential purposes (condominiums, townhouses, apartments or other comparable uses), provided that the total number of Dwelling Units to be constructed on a particular Multi- Family Lot shall not exceed the number of Dwelling Units allowed for such Lot on the recorded plat designating such Lot. . Section 8 . "Fourplex Lot" shall mean and refer to a Lot which may be used solely for residential purposes and upon which not more than one building containing not more than four Dwelling Units, together with not more than one garage /accessory building, may be constructed, as so. designated on a recorded plat of all or a part of the Properties. Section 9 . "Dwelling Unit" shall mean and refer to one or more rooms in a building designed to be used and occupied by one family living independently of any other family, having not more than one kitchen and cooking facility, to be. used solely for residential r ' occupancy. Section 10 . "Community Park" shall mean and refer to a parcel so designed on a plat of all or a part of the Properties, which shall be Common Area and may be used for recreational or child daycare facilities and structures, both publicly and privately owned, provided that such facilities are available to the public,* or commercial uses oriented specifically to recreational facilities such as restaurant, sports equipment sale or rent, and the like. Said commercial uses are limited to one building and the sale of equipment is limited to athletic equipment used in said building. In addition, buildings to be used by utilities, fire departments, and other public agencies may be constructed on a Community Park upon approval of the Design Review Committee. Residential Dwelling Units located in public facilities for public employees are acceptable on a Community Park, subject to approval of the Design Review Committee and the granting of a special use permit by the Board of County Commissioners of Eagle County, Colorado or other successor governmental authority. Section 11 . "Church Site" shall mean and refer to a Lot which may be used for religious purposes. Section 12 . "Private Open Space" shall mean and refer to a Lot which shall remain in its present, unimproved and undeveloped state so long as the adjacent and surrounding land remains in similar use. At such time as the use of the adjacent and surrounding land changes, uses shall be permitted thereon which are similar and compatible to the new uses at the adjacent and surrounding land. 2 3 C C. ARTICLE II USE REGULATIONS Section 1 . Land Uses The Lots in the Properties fall within the following land use categories: Lots Lots 1 - 50, Block 1 Lots_ 1 - 11, Block 2 Lots 1 - 2, Block 3, Lots 1 - 2, Block 5, Lots 1- 13, Block 6 Lots 1 - 35, Block 7 Lots 1 - 14, Block 10 Lots 1 - 45, Block 11 Lots 1 - 11, Block 9 Lot 1 - 2, Block 8 Lot 3, Block 8 Category Single Family Lots Single Family Lots Single Family Lots Single Family Lots Single Family Lots Single Family Lots Single Family Lots Single Family Lots Fourplex Lots Multi- Family Lots Multi - Family Lot and Community Park Lot 1, Block 12 Church Site Lot 1, Block 4 Private Open Space 3 5 C) " Section 2 . Use Restrictions Each Lot shall be subject to the following maximum site use limitations: *Areas of upper floor overhand or projections less than seven feet above finish grade shall be included in calculating site coverage. Section 3 . Setbacks No building or other structure shall be located closer than twenty - five (25) feet from a road right -of -way nor closer than twelve and one -half (12 1/2) feet from any other property line of a Lot. Section 4 . Drainage and Grading All plans and specifications for the construction of improvements on a Lot, and the actual construction of such improvements, shall maintain all drainage easements and rights -of -way within the Properties clear and unobstructed. Further, all grading on a Lot shall be done with a minimum of disruption to the Lot and shall not drain surface water to adjoining Lots unless along a natural drainage path, nor shall grading cause soil erosion. Grading shall be confined to each Lot, and shall be subject to review by the Eagle County Department of Community Development. Section 5 . Accessory Structures The use detached garages and accessory structures or out - buildings is discouraged, and the use of shall be permitted only if the Eagle County Department of Community Development determines that such use represents the best solution for a particular set of circumstances. Section 6 . Parking No parking will be permitted along public or private roads. Off - street parking shall be provided based upon Eagle County parking standards in effect at the time a building permit is issued. All campers, trailers, boats and similar recreational vehicles must be kept in a fully enclosed storage area screened from public view. All parking areas and driveways shall be asphalt, concrete or other hard surface approved by the Eagle County Engineer. Section 7 . Landscaping A landscaping plan shall be submitted to and approved by Eagle County prior to the Issuance of a building permit for any Lot. 4 Single Family Duplex Fourplex Multi - Family Lots Lots Lots Lots Maximum Floor to Lot Area Ratio .30 .30 .35 .40 *Maximum Building Foot print .35 .35 .40 .40 Maximum Coverage with Impervious Materials .55 .55 .60 .60 *Areas of upper floor overhand or projections less than seven feet above finish grade shall be included in calculating site coverage. Section 3 . Setbacks No building or other structure shall be located closer than twenty - five (25) feet from a road right -of -way nor closer than twelve and one -half (12 1/2) feet from any other property line of a Lot. Section 4 . Drainage and Grading All plans and specifications for the construction of improvements on a Lot, and the actual construction of such improvements, shall maintain all drainage easements and rights -of -way within the Properties clear and unobstructed. Further, all grading on a Lot shall be done with a minimum of disruption to the Lot and shall not drain surface water to adjoining Lots unless along a natural drainage path, nor shall grading cause soil erosion. Grading shall be confined to each Lot, and shall be subject to review by the Eagle County Department of Community Development. Section 5 . Accessory Structures The use detached garages and accessory structures or out - buildings is discouraged, and the use of shall be permitted only if the Eagle County Department of Community Development determines that such use represents the best solution for a particular set of circumstances. Section 6 . Parking No parking will be permitted along public or private roads. Off - street parking shall be provided based upon Eagle County parking standards in effect at the time a building permit is issued. All campers, trailers, boats and similar recreational vehicles must be kept in a fully enclosed storage area screened from public view. All parking areas and driveways shall be asphalt, concrete or other hard surface approved by the Eagle County Engineer. Section 7 . Landscaping A landscaping plan shall be submitted to and approved by Eagle County prior to the Issuance of a building permit for any Lot. 4 C C -- i� ARTICLE III RESTRICTIONS Section 1 . General Plan It is the intention of the Declarant to establish and impose a general plan for the improvement, development, use and occupancy of the Properties which shall be binding on and inure to the benefit of the Owners of the Properties, all thereof in order to enhance the value, desirability and attractiveness of the Properties and to subserve and promote the sale thereof. Section 2 Use of Common Area A. No use shall be made of the Common Area which will in any manner violate the statutes, rules or regulations of any governmental authority having jurisdiction over the Common Area. B. The use of the Common Area shall be subject to such rules and regulations as may be adopted from time to time by the Board of Directors of the Association. C. No use shall ever be made of the Common Area which will deny ingress and egress to those Owners having access to Lots only over Common Area ..and the right of ingress and egress to said Lots by vehicle and otherwise is hereby expressly granted. Section 4 . Use. No Lot shall be used for any purpose other than that allowed for such particular Lot in accordance with the categories set forth in Section 1 of Article II above and the definitions set forth in Article I above. Section 5 . Animals No cattle, sheep, goats, pigs, rabbits, poultry, or other animals of any description shall be kept or maintained on any Lot, except that Owners may keep not more than two dogs, cats, or other domestic animals which are bona fide household pets so long as such pets are not kept for commercial purposes and do not make objectionable noises or otherwise constitute a nuisance or inconvenience to any of the residents of adjacent property, and in compliance with all existing applicable local ordinances. No horses shall be kept or maintained on any Lot, except that Owners of Lots in Blocks 3 and 4 may keep not more than four horses per Lot. Owners in Blocks 3 and 4 shall be required to maintain the irrigated pasture land and provide supplemental feeding of their horses as needed so as not to overgraze their pasture. Section 6 . Temporary Structures No temporary house, trailer, tent, garage, or outbuilding shall be placed or erected upon any Lot, and no Dwelling Unit placed or erected upon any lot shall be occupied in any manner at any time prior to its being fully completed in accordance with approved plans, nor shall any Dwelling Unit when completed be in any manner occupied until made to comply with all requirements, conditions and restrictions herein set forth; provided, however, that during the actual construction or alteration of a building on any Lot, necessary temporary buildings for storage of materials may be erected and maintained by the person doing 5 C such work. The work of constructing, altering or remodeling any building on any part of any Lot shall be pursued diligently from the commencement thereof until the completion thereof Section 7 . Miscellaneous Structures No advertising, billboards or signs of any character shall be erected, placed, permitted or maintained on any Lot unless the prior, written consent of the Eagle County Department of Community Development has first been obtained. Section 8 . Underground Utility Lines All electric, television, radio, telephone and other utility line installations and connections from an Owner's property line to a residence or other structures shall be placed underground, except that during the construction of a residence, the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of construction. Section 9 . No Hazardous Activities No activities shall be conducted on the Properties or on improvements constructed on the Properties which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any of the Properties and no open fires shall be lighted or permitted on the Properties except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well - designed interior fireplace or except such campfires or picnic fires on property designated for such by the Association. Section 10 . Height Restrictions No structure shall be erected or maintained on any Lot which is in excess of thirty-five (35) feet in height. Height shall be the vertical distance of the structure measured from the lowest point of a finished grade on the Lot within two (2) feet of the structure to the uppermost point of the structure. Chimneys, if allowed, shall be excluded in determining the height of a structure. Section 11 . Fireplaces No more than one fireplace or wood burning stove will be allowed in each Dwelling Unit; and all fireplaces and wood burning stoves must be of any energy efficient design. Section 12 . Driveways. No more than one connection for vehicular access to a public street shall be allowed for each Single Family Lot, Duplex Lot or Fourplex Lot unless the Eagle County Engineer specifically determines that additional connection are desirable. Further, no connection for vehicular access shall be made from any Single Family Lot or Fourplex Lot onto the public right of way for Homestead Drive except through Tracts C, O or S, The Homestead - Filing No. 1 with the following exception: Lots 17 and 18, Block 7, Filing No. 1, may share • common driveway onto Homestead Drive. Lots 19 and 20, Block 7, Filing No. 1, may share • common driveway onto Homestead Drive. Each lot owner must provide a driveway "turn around" to prevent backing onto Homestead Drive. The design for "turn around" must be submitted with the building permit application and approved by the County Engineer. 51 E Section 13 . Utilities Each Dwelling Unit shall connect with the water and sanitation facilities of the Edwards Water District and the Upper Eagle Valley Sanitation District, and no private wells or private sewage systems shall be allowed on the Properties. ARTICLE IV GENERAL PROVISIONS Section 1 . Enforcement The Board of County Commissioners of Eagle County, Colorado or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, by the provisions of these Guidelines. Failure by the Board of County Commissioners of Eagle County, Colorado or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2 . Severability Invalidation of any of these covenants or restrictions by judgement or court order shall in no way affect or limit any other provisions which shall remain in full force and effect. Section 3 Duration Revocation and Amendment Each and every provision of these Guidelines shall run with and bind the land for a term of twenty (20) years from the date of recording of these Guidelines, after which time these Guidelines shall be automatically extended for successive periods of ten (10) years each. These Guidelines may be amended or revoked by an instrument approved in writing by the Board of County Commissioners of Eagle County, Colorado. Such amendment or revocation shall be effective when duly recorded; provided, however, that any amendment or revocation must - comply with the Statutes of Colorado and the resolutions and ordinances of the County of Eagle, Colorado. APPROVED this ZLIkday � BOARD UNTY COMMISSIONERS The foregoing ' ment was acknowledged before me this /day of 1_ -.` clerk of the Board of County Commissioners of Eagle Co ty, Colorado. `_ .. 7