HomeMy WebLinkAboutR97-107 sketch/prel plan for Willow Creek approvalCommissioner 114 r) moved adoption " of the following Resolution: RESOLUTION .0404110 COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. .9 lQ APPROVAL OF THE COMBINED SKETCH AND PRELIMINARY PLAN OF THE WILLOW CREEK MINOR PLANNED UNIT DEVELOPMENT (INCLUDING ZONE DISTRICT AMENDMENT) WHEREAS, on or about of Eagle, State of Colorado, a submitted by Richard (hereinafter "Applicant ") Sketch and Preliminary Plan of Unit Development, File(s) No._ April 16, 1997 the County z:cepted for filing an application & Genna Eddy for approval of the PUD Combined the Willow Creek Planned ZC- 00006 /PDSP -00002 ; and, WHEREAS, approval of the Application would allow for the development of 3 Single Family Dwelling Units on 3 Separate Lots and Wetland /Open Space ; and, 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. 11111111111111111111111111111111111111111111111111111111111111111 IN 630906 08/19/1997 04:12P 8734 P949 i of 9 R 0.00 D 0.00 Sara J Fisher, Eagle, CO a WHEREAS, at its public hearing /hearings held July 2. 1997, the Planning Commission, based on its findings, recommended approval of the proposed Combined Sketch and Preliminary Plan of the Willow Creek 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 July 28th , 199 7; 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. E 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). 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 3 r 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 14b. That the proposed rezoning is necessary in order to provide land for a demonstrated community need. 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 application submitted by a Zone District Amendment Preliminary Plan for the be and is hereby approved land: conditions set forth below, the Richard and Genna Eddy for approval of and of the combined Sketch and Willow Creek Planned Unit Development for the following described parcel of iaF,ifi 3in� 0 y THAT, the following conditions are hereby placed upon this approval: 1. All cash -in -lieu fees to the Eagle County School District RE 50J are paid by final plat. 2. All off -site road impact fees, as determined by the County Engineer, are paid by final plat. 3. All wildlife mitigation fees, as determined by the CDOW, are paid by final plat. 4. All recommendations of the County Engineer, CDOW, State Forest Service, and Holy Cross Electric Association are incorporated into the PUD guide by final plat. 5. The applicant must tear the existing building down before final platting. 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. MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle State of Colorado, at its meeting held the / /ice , day of 199f, nunc pro tune to the 28th day of July 1997. SAGte °N ooy COUNTY OF EAGLE, STATE OF _ COLORADO, By and Through Its ATTEST: '��.;,'� r BOARD OF COUNTY COMMISSIONERS BY: 15 BY: Sara J. Fisher ohnnette Phillips, &airman 5 Clerk of the Board of County Commissioners BY: — iC /�tr� i lT "Z1 George A'. Gates, Commissioner Commissioner (nCa'tr seconded adoption to the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates /sue iL Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. gk- This resolution passed by 3 —n vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 0 EXHIBIT A PLAN D UNIT DEVELOPMENT GUIDE FOR THE WILLOW CREEK SUBDIVISION INTENT: The intent of this Planned Unit Development is to provide for the creation of three single - family lots and building envelopes within those lots and an access easement for the construction of a common driveway. The building envelopes are located to meet the requirements of the Corps of Engineers and the stream setbacks of Eagle County. The existing structure on Lots 2 and 3 shall be considered a pre - existing use and shall not be subject to these guidelines. At such time as the existing structure is removed, Lots 2 and 3 shall be subject to these guidelines. PERMITTED PERMANENT LAND USES Three single family dwelling units on separate lots and accessory uses customary to individual residential use including garage, planters, walls and similar landscape features. ACCESSORY USES Sims - No billboards, signs, or other advertising devices of any nature shall be erected, 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 - No fences shall be constructed on the property without the approval of the members of the Willow Creek Homeowners Association. Fencing of perimeter lot lines shall not be allowed. Permitted fences shall not exceed 42" in height. Lighting - Outdoor lighting will not cast glare on adjacent properties, access easements or right -of -way. Parkin g - Minimum 3 spaces per dwelling unit. Storage - No boats, camper, trailer, snowmobiles, or other such recreational 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 approved by the Willow Creek Homeowners Association. Trash - All trash shall be stored within a structure or in bear -proof trash containers. BUILDING STANDARDS Maximum Hei ht - Maximum height as defined by the Eagle County Land Use Regulations is not to exceed 35 feet above grade. Impervious Materials - A maximum of 45% of the net developable area of each lot shall be covered by impervious materials. -.=::7 Lot Coverage - A maximum 60% of the platted building envelope shall be covered by structures. Tyne of Dwellin Units - Q ale Family Residential only. Number of Dwelling Units - A total of three. The existing dwelling on Lots 2 & 3 is a pre - existing use and shall not be subject to these guidelines.and shall be removed prior to the issuance of a building permit for Lot 2 or Lot 3. Any new structures shall be entirely within the building envelopes shown on the final plat, except for drives and walkways. Patios, steps, balconies, and roof overhangs may project up to 18" into side yards and up to 4' into front yards. SETBACKS All permanent structures shall be located within the platted building envelopes. ARCHTTECTURAL TREATMENT All structures shall be constructed of natural materials. Cedar wood shall be used on exterior and will be harmonious with environmental surroundings. No loud or conspicuous. colors shall be used on exterior stucco. OPEN SPACE The areas shown on the approved Final Plat identified as within the 100 -year floodplain and as wetland shall be preserved as riparian and wetland habitat and shall not be modified in any manner (except as approved and permitted by the Army Corps of Engineers). Preservation and / or enhancement of these areas as wetland / riparian habitat shall be permitted. LANDSCAPING The existing foliage and vegetation of each lot shall be preserved in as near a natural state as possible. Any area disturbed will be promptly revegetated with indigenous materials. POLLUTION CONTROL The fireplaces shall be gas burning. The PUD Control Guide approved by the Board of County Commissioners of Eagle County, Colorado this LTA day of QU 4 L., /, A.D. 1997, for filing with the Clerk and Recorder of Eagle County. Richard Eddy - Owner Witness my hand and seal of the County of Eagle. Attest: Chairman - Board of County ommissioners County of Eagle, Colorado County Commissioners 9615pudg EXHIBIT B LEGAL DESCRIPTION A parcel of land situated in the North one -ho/f of the Northeos( ' 14 of Section 14, Township 5 South, Range 81 West, of the Sixth Principal Meridian, Eagle County, Colorado, sold parcel being more particularly described as follows: Commencing of the Northeast corner of said Section 14, thence S 7854J6- W a distance of 1411.9 feet to c point along the. ap- proximate centerline of Gore Creek and on the right -of -way of Inter- state 70 (Colorado Protect 1 70-2/7) 183); thence along the said right -of -woy line the following 4 (four) courses: 1) S 473322" W a distance of 89.1 feet; thence 2) S 37b822" W a distance of 71.4 feet- thence 3) S 4533'11 " W a distance of 348.10 feet; thence 4) S 364321" W a distance of 29.52 feet to the True Point of Beginning; thence continuing along said right -of -woy line S 364321" W o distance of 183.65 feet on the South right -ol- -woy:. line of Interstate ,70 South Frontage Rood (State Hlghway 78); ,thence S 27*00 07" W ofong said South Frontage Rood a distance. of 105.90 . feet, thence S 483722" E o distance of 49.75 feet to the. approx- imate centerline of Gore Creek; thence along the appfoximate'cented1 e the following 5: (five), courses., 1) S 855338" E o distance of 139.13 Met; thence 2) N 564700" E a distance of 46.55 feet, thence 3) N 16:5520" E a distance of 107.45 feet; thence 4) N 177322" E o distance of 7773 feet; thence 5) N 534237" W a distance of 138.21 feet to the True Point of Beginning, containing 1.061 acres more or less