HomeMy WebLinkAboutR97-026 amendment of Berry Creek PUDk
Commissioner moved adoption
of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 -.gZ
APPROVAL OF AMENDMENT OF
THE BERRY CREEK PLANNED UNIT DEVELOPMENT
FILE NO. PD- 00001 -BERRY CREEK RANCH
WHEREAS, on or about December 17, 1996, the County of Eagle,
State of Colorado, accepted for filing an application submitted
by the Singletree Property Owner's Association(hereinafter
"Applicant ") for amendment of the Berry Creek Planned Unit
Development, Eagle County, Colorado (hereinafter the "PUD"), File
No. PD- 00001 -97; and
WHEREAS, the Applicant requested the amendment of the PUD
for the purposes refining the Amended and Restated Guide for the
Planned Unit Development of Berry Creek Ranch Filing Nos. 1,2, 3
and 4, and
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 January 15, 1997, the
Planning Commission, based upon its findings, recommended
approval of the proposed PUD Amendment; and
WHEREAS, at its public meeting hearing of January 28,1997,
the Board considered the PUD Amendment application, associated
documents and the statements and concerns of the Applicant and
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Commissioner yqn moved adoption
of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 - C2C,
APPROVAL OF AMENDMENT OF
THE BERRY CREEK PLANNED UNIT DEVELOPMENT
FILE NO. PD- 00001 -BERRY CREEK RANCH
WHEREAS, on or about December 17, 1996, the County of Eagle,
State of Colorado, accepted for filing an application submitted
by the Singletree Property Owner's Association(hereinafter
"Applicant ") for amendment of the Berry Creek Planned Unit
Development, Eagle County, Colorado (hereinafter the "PUD"), File
No. PD- 00001 -97; and
WHEREAS, the Applicant requested the amendment of the PUD
for the purposes refining the Amended and Restated Guide for the
Planned Unit Development of Berry Creek Ranch Filing Nos. 1,2, 3
and 4, and
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 January 15, 1997, the
Planning Commission, based upon its findings, recommended
approval of the proposed PUD Amendment; and
WHEREAS, at its public meeting hearing of January 28,1997,
the Board considered the PUD Amendment application, associated
documents 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 of the Planned Unit Development
are 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by the Singletree Property
Owners Association for amendment of the Berry Creek Planned Unit
Development is hereby granted. The amended PUD guide is attached
as 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 day of , 19 nunc pro
tunc to the 28th day of January, 1997.
ATTEST:
`a
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ti k
BY: "• ..a �� BY: "
Sara J. Fisherh Jo nette Phillips, Chairman/
Clerk of the Board�f-
County Commissioners
BY
�ler�
James Johnson, Jr., ��mmiss_q_
George A. ates, Commissioner
Commissioner /)q rr,-n seconded adoption
of the foregoing Resoluti n. The roll having.been called, the
vote was as follows:
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates
This Resolution passed by (3 — O vote of th Board of County
Commissioners of the County of Eagle, State of Colorado.
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EXHIBIT A
AMENDED AND RESTATED GUIDE FOR THE PLANNED UNIT DEVELOPMENT OF
BERRY CREEK RANCH FILING NOS. 1, 2,3 AND 4
I.PURPOSES
This Amended and Restated Guide for the Planned Unit Development of Berry Creek
Ranch Filing Nos. 1, 2, 3 and 4 provides the required land use control document
pursuant to the Planned Unit Development Act of 1972, C.R.S., 1973 and to the Eagle
County Land Use Regulations then in effect. This Amended and Restated Guide to the
Berry Creek PUD ( "the Guide ") amends and restates in it's entirety and supersedes the
Amended and Restated Guide for the Planned Unit Development of Berry Creek Ranch
Filings No. 1, 2, 3 and 4, recorded June 18, 1996 in Book 697 at Page 739, as
approved by the Eagle County Board of County Commissioners per Resolution No. 96-
75.
This Amended and Restated Guide to the Berry Creek PUD (the "Guide ") amends and
restates, in it's entirety, and supersedes the previously approved Planned Unit
Development Plan and Declaration of Protective Covenants for Berry Creek Ranch -
Filing No. 1, recorded November 27, 1978 in Book 278 at Page 908, and an
Amendment thereto, recorded May 24, 1979 in Book 285 at Page 903; and certain
Declaration of Protective Covenants for Berry Creek Ranch Filing No. 2, recorded April
10, 1979 in Book 283 at Page 979, and an Amendment thereto, recorded September
27, 1979 in Book 291 at Page 619; and certain Declaration of Protective Covenants for
Berry Creek Ranch Filing No. 3 recorded February 27, 1980 in Book 299 at page 325;
and certain Declaration of Protective Covenants for Berry Creek Ranch Filing No. 4
recorded February 27, 1980 in Book 299 at Page 323, and an Amendment thereto,
recorded October 24, 1980 in Book 493 at Page 695 (collectively, the "Prior
Declarations "), the Prior Declarations being recorded in the office of the Clerk and
Recorder, Eagle County, Colorado.
The above superseded documents featured both the PUD control standards and the
conditions, covenants and restrictions under one cover. This amended and restated
guide includes only those portions, either in their original content or slightly amended,
that are customary to a standard PUD guide.
The conditions, covenants and restrictions have been consolidated, amended and
restated as a separate document to supersede all of the above, approved by the Eagle
Board of County Commissioners on May 23, 1995 as the Amended and Restated
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Declaration of Covenants, Conditions and Restrictions of Berry Creek Ranch Filings
Nos. 1,2, 3 and 4, and recorded June 14, 1995 in Book 669, Page 377.
II. APPLICABILITY
A. The zoning and land use restrictions set forth in this document shall apply to all
real property located and included on the following plats, as amended, recorded
in the office of the Clerk and Recorder, Eagle County, Colorado. Said
subdivisions shall hereinafter be referred throughout this guide as "Berry Creek"
or "the subdivision."
1. Berry Creek Ranch Filing No. 1 in Eagle County, Colorado, the plat of which
was filed under Reception Number 174482, and recorded November 3, 1978 in
Book 278 at Page 72, Map Case 2, Drawer B of the recorded of the Clerk and
Recorder's Office for Eagle County, Colorado.
2. Berry Creek Ranch Filing No. 2 in Eagle County, Colorado, the plat of which
was filed under Reception Number 180384, and recorded April 10, 1979 in Book
283 at Page 979, Map Case 2, Drawer B of the records of the Clerk and
Recorder's Office for Eagle County, Colorado.
3. Berry Creek Ranch Filing No. 3 in Eagle County, Colorado, the plat of which
was filed under Reception Number 195714, and recorded February 27, 1980 in
Book 299 at Page 324, Map Case 2, Drawer B of the records of the Clerk and
Recorder's Office for Eagle County, Colorado.
4. Berry Creek Ranch Filing No. 4 in Eagle County, Colorado, the plat of which
was filed under Reception Number 195712, and recorded February 27, 1980 in
Book 299 at Page 322, Map Case 2, Drawer B of the records of the Clerk and
Recorder's Office for Eagle County, Colorado.
B. The provisions of the Eagle County Land Use Regulations shall apply to
development within Berry Creek to the extent applicable and not inconsistent
with the specific provisions of this guide. In the event of a conflict, inconsistency
or incongruity between the provisions of this guide and the provisions of any
other section contained in the Eagle County Land Use Regulations, the
provisions of this guide shall in all respects govern and control the development
of Berry Creek.
III. DEFINITIONS - As used in this guide, the following words and terms shall have
the following meanings:
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A. "Clubhouse Tract' shall mean a tract within the subdivision on which may
be constructed buildings relating to recreational and health activities such
as golf, tennis, swimming, racquetball and handball. Said buildings may
contain a restaurant and bar, pro shop, toilet and locker rooms and other
related uses. In addition to said buildings, drives and parking areas,
tennis courts and swimming pools may constructed upon the clubhouse
tract.
B. "Crawl Space" shall mean an area on the first level of the structure that
shall have a ceiling height of less than 5 feet measured from the finished
or unfinished floor to the underside of the structural members of the floor
above.
C. "Duplex Unit Residential Lot" shall mean a Lot which may be used solely
for Residential purposes and upon which not more than one (1) building
containing not more than two (2) Dwelling Units, together with not more
than two (2) attached garages may be constructed.
D. "Dwelling Unit" shall mean one (1) or more rooms in a building designed
to be used and occupied by one (1) family living independently of any
other family, having not more than one (1) indoor kitchen facility, to be
used solely for residential occupancy.
E. "Garage" shall mean a permanent part of a main building used for storage
of the private vehicles or boats of the occupant and which is totally
enclosed.
F. "Golf Course Tract' shall mean a tract within the subdivision which can be
used solely for the conduct of the game of golf and related golfing
activities. A golf course tract may have constructed thereon buildings
such as shelters, toilets, pump houses and other accessory structures
related to the activity. Other recreation activities such as hiking, jogging,
fishing and horseback riding are prohibited within said tract except as
specially permitted and approved in writing by the Berry Creek
Metropolitan District and the Golf Course Owner.
G. "Habitable Area" shall mean all enclosed space except garages, non -
habitable attics, crawl spaces and mechanical rooms. Habitable area
shall be measured from the outside faces of exterior walls. Stairwells,
including landings, shall be measured at 100% at the lowest floor level,
and at 50% at all other floor levels. Habitable area shall include all space
with a ceiling height of five feet or greater, measured from the finished or
unfinished floor to the underside of the structural members of the floor or
rood structure above. Dropped ceilings, soffits, and the like shall not be
considered in calculating ceiling height.
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H. "Home Occupation" shall mean any lawful use conducted entirely within a
dwelling which is incidental and secondary to the use of the dwelling for
dwelling purposes and which does not change the residential character
thereof. Home occupations may include professional offices or a studio
for the arts and crafts. Uses which have one or more of the following
characteristics are not permitted: 1) non - resident employees or clients on
the premises; 2) storage of inventory, equipment or supplies; 3)
advertising showing the physical address of the property; 4) increased
traffic beyond that customary to a residential dwelling use.
I. "Landscaping Tract" shall mean a tract within the subdivision which may
remain in its natural and undisturbed state or may be landscaped with
grasses and plant material indigenous to the site. No physical
improvement shall be constructed on these tracts.
J. "Lot" shall mean any plot of land delineated upon the most recent, valid,
applicable recorded subdivision map including all or a portion of the
properties, with the exception of public streets.
K. "Mechanical Room" shall mean an area used exclusively for the electrical,
heating, plumbing, or air conditioning systems related to the structure and
supplies reasonably necessary for the maintenance of such systems.
L. "Multiple Unit Residential Lot" shall mean a lot which can be used solely
for multiple family residential purposes including condominiums, town
house and apartments, and upon which the number of buildings to be so
constructed upon each such lot shall not exceed fifteen (15) living units
per acre. Time - sharing, or the creation of time share estates or a fraction
fee, as defined in the applicable statues, law, rules or regulations of the
State of Colorado or the County of Eagle, Colorado, of any dwelling unit
constructed on a Multiple Unit Residential Lot is expressly prohibited.
M. "Non- Habitable Attic" shall mean an area on the top level of the structure
that shall have a ceiling height of less than 5 feet measured from the
finished or unfinished floor to the underside of the structural members of
the roof structure above.
N. "Park and Recreation Tract" shall mean a tract within the subdivision
which can be used for recreation purposes such as bicycling, hiking,
picnicking, athletic games and related activities, but within which
equestrian activities are prohibited. A park and recreation tract may have
constructed thereon structures associated with such recreational uses. In
addition, Tract K, according to the Amended Final Plat of said tract, may
be used for the construction of and uses associated with a Community
Center building. The Community Center building will be used as a place
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to conduct meetings, private and public functions-,'special events,
assemblies, dances, weddings, and other related activities. In general,
this building will be used as a gathering place for Berry Creek Ranch
residents and the local community.
O. "Single Unit Residential Lot" shall mean a lot which can 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 attached garage, may be constructed.
P. "Site Coverage" shall mean that part of the site covered by buildings only,
including garage. It does not include such items as decks, terraces, roof
overhangs, driveways, walks, or other impervious materials.
Q. "Subdivision" shall mean the lands included within Berry Creek Ranch
Filing No. 1, No.2, No.3, No.4.
IV. USE REGULATIONS
All lots within the subdivision fall within one (1) of the following land use categories:
Single Unit Residential Lot
Uses by Right: Single Unit Residential with Garages
Landscaping Tract
Park and Recreation Tract
Home Occupation
Land Use by Lot #:
Filing 1: Lots 51 -96, inclusive
Filing 2: Lots 1 -17, incl., Block 1
Lots 1 -16, incl., Block 2
Lots 27 -36, incl., Block 2
Lots 29-47, incl., Block 4
Lots 1 -5, incl., Block 5
Lots 20 -31, incl., Block 5
Lots 37-48, incl., Block 6
Filing 4: Lots 1-48, incl., Block 4
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LL =,
Duplex Unit Residential -Lot
Uses by Right:
Land Use by Lot #:
Duplex -Unit Residential with Garages
All Uses Permitted under Single Family Residential
Filing 1
Lots 1 - 50, incl.
Filing 2: Lots 18 -26, incl., Block 1
Lots 17 -26, incl., Block 2
Lots 1- 28,.incl., Block 3
Lots 1-4, incl., Block 4
Lots 8 -28, incl., Block 4
Lots 48-49, incl., Block 4
Lots 6 -19, incl., Block 5
Lots 1 -36, incl., Block 6
Filing 3: Lots 1 -30, incl., Block 1
Lots 1 -58, incl., Block 2
Lots 1 -21, incl., Block 3
Filing 4: Lots 2 -54, incl., Block 1
Lots 1 -57, incl., Block 2
Lots 1-49, incl., Block 3
Lots 1 -57, incl., Block 4
Multiple Unit Residential Lot:
Uses by Right: Multiple Unit Residential
All Uses Permitted under Duplex Unit Residential
Land Use by Lot #:
Filing 1:
Lot 97
Filing 2:
Lot 29 and 30, Block 3
Lot 49, Block 6
Filing 3:
Lot 22, Block 3
Filing 4:
Lot 1, Block 1
Clubhouse Tract:
Filing 2:
Tract H
Park and Recreation Tracts:
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Filing 1:
Filing 2:
Filing 3:
Filing 4:
Landscaping Tract:
Filing 1:
Filing 2:
Filing 3:
Filing 4:
Golf Course Tract:
Filing 2:
Filing 3:
Filing 4:
Tracts A, C, D, E, F and H
Tracts K, L, N, O and P
Tract G
Tracts H and I
Tracts B and G
Tracts I, J and M
Tracts A, C, D, E, F and I
Tracts D, E, F, G, J, M, O and P
Tracts A, B, C, D, E, F and G
Tracts B and H
Tracts A, B, C, K, L and N
V. SITE DEVELOPMENT STANDARDS:
Maximum Lot Coveraae:
Single Unit Residential Lot:
25%
Duplex Unit Residential Lot:
25%
Multiple Unit Residential Lot:
25%
Total Habitable Area:
Single Unit Residential Lot:
25%
Duplex Unit Residential Lot:
25%
Multiple Unit Residential Lot:
40%
Building Height:
No structure located on a Single Unit, Duplex or Multiple Family Residential Lot shall
exceed, at any point on the structure, thirty five feet (35') or three (3) stories, whichever
is less.
Building height shall be measured vertically from any point on existing or finished grade,
(whichever is more restrictive), to the top of the building's roof structure directly above
that point.
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Setbacks. all Structures. all Use Types:
No part of the building may go into the setbacks. This includes roof overhangs,
constructed site work, decks and terraces.
Front or any frontage
on a Road Right of Way:
Side Setback:
Rear Setback:
Parkins:
25 feet (25')from property
line or 12 feet 6 inches (12.5') from the Road
Maintenance Easement
12 feet, six inches (12.5')
from property line
15 feet (15') from property
line
Off - street vehicle parking shall be provided based upon the current Eagle
County parking standards at time of issuance of the building permit by Eagle
County, Colorado.
Required vehicle parking in the subdivision may be wholly on grade, partly below grade,
or within an underground parking structure. All driveways and parking area on grade in
the subdivision shall be paved.
All required vehicle parking in the subdivision shall be paved.
Soils:
Applicants requesting approval of building plans must provide a site specific soils -
geologic report prepared by an engineer licensed in the State of Colorado. Said soils
report must accompany plans submitted to the Eagle County Building Department.
Special Review Permit:
Prior to commencement of construction of improvements on lots with a slope of 30% or
more as hereinafter enumerated, the owner must apply for and obtain a Special
Review Permit from the Chief Building Official, acting on behalf of the Board of County
Commissioners for Eagle County, Colorado. Prior to granting said permit, the Chief
Building Official will take into consideration the applicants satisfactory solution to
conditions of driveway and parking access, existing slope stability, drainage, elevations
and snow removal. The maximum permissible driveway graoc'is 10 %. Appeal of the
decisions of the Chief Building Official will be made to the Eagle County Board of
Building Appeals. Sites which are subject to the Special Review permit are as follows:
Berry Creek Ranch Filing No. 4:
Lots 7,8,9,10,12 and 15, Block 1
Lots 5,6,8,9 and 22, Block 2
Lots 18,19,20,22,24,25,37 and 42, Block 3
Lot 28, Block 4
Lots 19, 20 and 40, Block 5
Approval of Construction Plans
No building or other structure shall be constructed, erected or maintained on any lot nor
shall any addition thereto or alteration or change therein be made until complete plans
and specifications are submitted to Eagle County and a building permit issued in
accordance with the Eagle County Building Resolution, as amended.
Buyers or owners of lots in Berry Creek Ranch Filings Nos. 1,2,3, and 4, should be
aware that requirements more restrictive than those contained in this PUD Guide may
be imposed by the Singletree Property Owners Association, as a result of the
administration of the "Amended and Restated Declaration of Covenants, Conditions
and Restrictions of Berry Creek Ranch Filings Nos. 1,2,3, and 4," and the "Singletree
Design Guidelines" that are recorded separately.
The "Amended and Restated Declaration of Covenants, Conditions and Restrictions of
Berry Creek Ranch Filings Nos. 1,2,3, and 4," includes a requirement for Design
Review Committee approval and a certificate of Design Review Committee approval
shall be requested by the County as part of the County building permit review process.
The "Amended and Restated Declaration of Covenants, Conditions and Restrictions of
Berry Creek Ranch Filings Nos. 1,2,3, and 4 ", includes a requirement for Design
Review Committee approval and as part of the Eagle County building permit review
process, a certificate of Design Review Committee approval shall be requested by the
County for all new construction, and additions or alterations that increase the habitable
area or alter the exterior of any structure.
VI. GENERAL PROVISIONS
Section 1. Enforcement. The Board of County Commissioners of Eagle County,
Colorado or any owner of property or lot in the subdivision, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions and provisions of this PUD
Guide. Failure by the Board of County Commissioners of Eagle County, Colorado or by
any owner to enforce any restriction or provision herein contained shall be in no event
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be deemed a waiver of the right to do so thereafter. The Ame,i'ded and Restated
Declaration of Covenants, Conditions and Restrictions of Berry Creek Ranch Filings
Nos. 1, 2, 3 and 4, under separate cover, shall be enforced by others and as identified
in that document.
Section 2. Severability. Invalidation of any of these 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. Amendment. This guide may be amended or revoked by the Board of
County Commissioners of Eagle County Colorado, through the amendment process as
set forth in the Eagle County Land Use Regulations, Section 2.06.13. Such
amendment or revocation shall be effective when duly recorded, provided, however
than any amendment or revocation must comply with the statutes of Colorado and the
resolutions and ordinances of the County of Eagle, Colorado.
APPROVED this day of .1997.
BOARD OF COUNTY COMMISSIONERS
Chairperson
The foregoing i+9strume was acknowledged before me third day of/2 ,
1921 bye JOHNNETTE PHILLIPS, CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
of Eagle County, Coloraao.
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