HomeMy WebLinkAboutR97-145 zone district amendment and PUD for Brett RanchrJ
Commissioner ayf-;�— moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 - /�
APPROVAL of a ZONE DISTRICT AMENDMENT and
PUD PRELIMINARY PLAN for the
BRETT RANCH PLANNED UNIT DEVELOPMENT
FILE NO: ZC -00009
WHEREAS, on or about June 16, 1997, the County of Eagle, State of Colorado, accepted
for filing an application submitted by Brett Ranch Holdings, LLC (hereinafter "Applicant ") for
approval of a Zone District Amendment for planned unit development for Brett Ranch, as more
fully described in Exhibit A attached hereto, and as further defined by the, both incorporated
herein by this reference; and
WHEREAS, the applicant requested the approval of a Preliminary Plan for a Planned Unit
Development (PUD) as described in the Brett Ranch PUD Guide attached hereto as Exhibit B,
and graphically described in a drawing entitled "Brett Ranch Master Plan" dated August
13,1997, and attached hereto as Exhibit C; and
WHEREAS, public hearings were held by the Eagle County Planning Commission on August
6 and August 20, 1997and by the Board of County Commissioners on September 2 and
September 15, 1997; 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 Eagle County Planning Commission, and comments from all interested parties, the Board
finds as follows:
Pursuant to Section 2.06.13 (3), Planned Unit Development District, Criteria for the
Evaluation of the PUD:
a) The recommended minimum provision of 25% Open Space is being met by this
development;
b) The proposed Residential Density is appropriate;
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c) Density of uses other than residential are appropriate;
d) Each structure in the proposed development is designed in such a manner as to
be compatible with other units in the area, yet to avoid uniformity and lack of variety
in structural designs within the PUD;
e) The proposed development has been designed to provide commercial,
recreational and educational amenities to its residents in order to decrease traffic
and traffic congestion;
f) The Minimum Area requirement has been met;
g) The applicant has provided an adequate organization for ownership and
maintenance of common open space, private roads, drives and parking areas;
h) The employee housing needs for this development have been considered.
H. Pursuant to Section 2.06.13(7), Preliminary Plan Review for PUD,
(1) A sufficient Environmental Impact Statement has been submitted and considered;
(2) Information requested or required by the County Commissioners upon approving
the Sketch Plan has been submitted and considered;
(3) An application for an appropriate zone change has been submitted;
(4) The PUD control document as been submitted which formally establishes the
permitted land uses to occur in this development. The PUD Guide will be filed with
the Clerk and Recorder upon approval of this resolution.
III. Pursuant to Section 2.14.04, Review of Zone District Amendments:
a) The rezoning is consistent with the Master Plan and the area in question
possesses the geological, physical and other environmental conditions compatible
with the characteristics of the use requested and the advantages of the use
requested outweigh the disadvantages;
b) Conceptual evidence exists that the land has access and can be serviced with
water and sewage disposal systems appropriate with the zone district being sought;
c) One of the following criteria is met:
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(1) That the area for which 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; and
(2) That the proposed rezoning is necessary in order to provide land for a
demonstrated community need.
IV. Pursuant to Section 2.18.02, Preliminary Plan Review:
1) The Department of Community Development transmitted prints of the proposed
Preliminary Plan for comments and recommendations to the pertinent agencies itemized in
Section 2.17.02(1);
2) The referral agencies have made comments on such plans;
3) The Planning Commission reviewed the proposed Preliminary Plan and has made
recommendations to the County Commissioners. The Planning Commission and County
Commissioners considered the following in their review of the proposed Preliminary Plan:
a) Conformance to the Sketch Plan and any information requested or required by the
County Commissioners upon approving the Sketch Plan;
b) The Preliminary Plan conformance to these and other applicable regulations,
policies and guidelines;
c) Reports on file and others as available pertaining to geologic, soils, wildfire, flood
and airport hazards, mineral resource areas and significant wildlife areas and the
guidelines and recommendations as prepared by the appropriate agencies, to
mitigate hazards and to protect resources.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by Brett Ranch Holdings, LLC for approval of a Zone
District Amendment and Planned Unit Development Preliminary Plan be and is hereby granted
subject to the following conditions:
1. The Wildlife Mitigation Plan must be completed within 90 days of approval of the
Preliminary Plan and Zone Change by the Board of County Commissioners and must
include the mitigation measures recommended by the Colorado Division of Wildlife.
2. The applicant must replat the single family lots on the south side of the Highway,
including the building envelopes on each of the lots under their ownership. This plat is also
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required to have a note which stipulates the requirement of an engineer- designed
foundation due to the potential geologic concerns.
3. The applicant must provide a trail on the north side of the Eagle River through Planning
Area A. This trail should traverse the length of the area and connect to the Lake Creek trail
and meet County design standards.
4. Construction plans for the detached, paved path must be approved prior to issuance of
any permits or prior to submittal of any final plats. These plans must meet County design
standards and must be submitted to the Eagle County Engineering Department for review
and approval. Approval from the Colorado Department of Transportation will need to be
provided along with these construction plans.
5. The applicant must provide a follow -up report acceptable to the County from a wildlife
biologist certifying that proper signage for spawning and wetland closure areas are in place
and sufficient. This report must be submitted with the first application for building permit in
the Brett Ranch PUD.
6. Wetland and riparian areas must be staked off to prevent disturbance during
construction. Each building permit submitted to Eagle County must delineate the
construction area requested for the construction for which the permit is sought, including all
areas for contractor parking /staging and all areas that will be disturbed during the
construction. The application will also include specific sediment and erosion control
measures to be taken, including delineating fencing of the construction area. The
Engineering Department will review these building permits to assure that no disturbance to
wetlands and /or riparian area will occur. A condition of the continuing validity of the building
permit shall be that the construction area is fenced, that the sediment and erosion control
measures are performed, and the disturbance, construction and parking areas are confined
to the areas delineated, in accordance with the permit application. Further, the building
permittee's engineer must submit a monthly inspection report to the County. This monthly
report will be submitted from the time of issuance of the building permit to successful
revegetation of the site, and must verify that all protection measures are installed and
operating correctly.
7. The Cash In -lieu of School Land Dedication must be paid prior to approval of the first
final plat.
THAT, The Brett Ranch PUD 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, etseq.
THAT the Board hereby directs the Department of Community Development to enter this
amendment on the appropriate page(s) of the Official District Map and record the change in the
Office of the Eagle County Clerk and Recorder.
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t
The Board further 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 meeting held the 17th day of November, 1997, nunc pro tunc to
the 15th day of September, 1997.
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ATTEST..
a�
c�toFroo
BY:
Sara J. Fisher
Clerk of the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
Johnnette Phillips, Ohairman
. i. ���
' I►
Geo�e A. Gates, Commissioner
Commission seconded adoption of the foregoing resolution. The roll having
been called, qtheo&tewlts2a�s follows:
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr
Commissioner George A. Gates
This Resolution passed by r-� - vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
Page 5
LEGAL DESCRIPTION
PARCEL 1:
TRACT C -1, AMENDED FINAL PLAT OF TRACT C, BRETT RANCH SUBDIVISION,
ACCORDING TO THE PLAT RECORDED MAY 18, 1995, IN BOOK 667 AT PAGE 452,
COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL 2:
TRACTS A, D, E, F, G, H, I, AND LOTS 1, 2, 6, 8, 9, 10 AND 11 BRETT RANCH,
ACCORDING TO THE AMENDED FINAL PLAT RECORDED OCTOBER 29, 1981 IN
BOOK 331 AT PAGE 325, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL 3:
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING APART
OF TRACT B ACCORDING TO THE AMENDED FIN AL PLAT, BRETT RANCH
SUBDIVISION, RECORDED IN BOOK 331 AT PAGE 325 OF THE EAGLE COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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BEGINNING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH,
RANGE 82 WEST OF THE 6TH P.M.;
THENCE NORTH 89 DEGREES 19 MINUTES 43 SECONDS WEST 72.86 FEET ALONG
THE NORTHERLY LINE OF SAID SECTION 6 TO AN EXISTING FENCE, BEING THE
NORTHWEST CORNER OF SAID TRACT B;
THENCE ALONG SAID EXISTING FENCE LINE, BEING THE WESTERLY LINE OF
SAID TRACT B, THE FOLLOWING 7 COURSES:
1) SOUTH 04 DEGREES 22 MINUTES 58 SECONDS EAST 107.26 FEET;
2) SOUTH 02 DEGREES 26 MINUTES 40 SECONDS WEST 158.54 FEET;
3) SOUTH 02 DEGREES 25 MINUTES 16 SECONDS WEST 225.11 FEET;
4) SOUTH 03 DEGREES 12 MINUTES 00 SECONDS WEST 177.16 FEET;
5) SOUTH 02 DEGREES 10 MINUTES 06 SECONDS WEST 335.86 FEET;
6) SOUTH 02 DEGREES 08 MINUTES 10 SECONDS WEST 305.44 FEET;
7) SOUTH 02 DEGREES 39 MINUTES 13 SECONDS WEST 225.73 FEET TO THE
EXISTING "EATON" FENCE;
THENCE NORTH 76 DEGREES 56 MINUTES 59 SECONDS EAST 78.92 FEET ALONG
SAID "EATON" FENCE TO THE EASTERLY LINE OF SAID SECTION 6;
THENCE NORTH 01 DEGREES 50 MINUTES 00 SECONDS EAST 1515.57 FEET ALONG
SAID EASTERLY SECTION LINE TO THE POINT OF BEGINNING, COUNTY OF
EAGLE, STATE OF COLORADO.
111111111111 iillll 111111 fill Hill Fill 111 1111111 Till 1111
611927 01/13/1997 02:14P 6715 P951 388
2 of 6 R 31.00 0 168.00 H 0.00 Eagle County Clark
Doe. 63727
PARCEL 4:
AN AGRICULTURAL AND RECREATIONAL ACCESS EASEMENT AS CREATED IN
DOCUMENT RECORDED JUNE 23, 1993 IN BOOK 612 AT PAGE 18 AND EXHIBIT
RECORDED JULY 21, 1993 IN BOOK 614 AT PAGE 343 OF THE EAGLE COUNTY
RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 28, EAGLE CREST FILING NO. 1 AMENDED, ACCORDING
TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF
COLORADO DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20 FEET WIDE RUNNING FROM THE INTERSECTION
OF THE NORTHERN BOUNDARY OF LOT 28 AND LAKEVIEW DRIVE TO
THE SOUTHERN BOUNDARY OF LOT 28, THE CENTER LINE OF SAID
STRIP OF LAND BEING 40 FEET EAST AND PARALLEL TO THE
WESTERN BOUNDARY OF LOT 28.
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g 11 pi uil111111111111111111111III !111111111111
611927 01/13/1997 02:14P 8715 P951 388
3 of 6 R 31.00 D 168.00 N 0.00 Eagle County Clerk
MIT 1601 -01601 /027472 ;51pm Dae 67m
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LEGAL DESCRIPTION
z
LOTS 34 AND 35, EAGLE CREST SUBDIVISION FILING NO. i AMENDED,
ACCORDING TO TEE PLAT RECORDED NNE 15, 1964, COUNTY OF EAGLE, STATE
OF COLORADO.
PARCEL 2
ACCESS, PARKING, LANDSCAPING, UTIIX Y AND DRAINAGE EASEMENT SOLELY
FOR TBE USE AND BENEFIT OF LOTS 34 AND 35,, EAGLE CREST SUBDIVISION
FILING NO. 1, AMENDED MAP AS CREATED BY PLAT OF COTTONWOOD FILING
NO. 1 RECORDED JULY 27, 1993 IN BOOK 614 AT PAGE 882, COUNTY OF EAGLE,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT X -3, COTTONWOOD FILING NO. 1 ACCORDING TO THE PLAT RECORDED /
JULY 27, 1993 IN BOOK 614 AT PAGE 882, COUNTY OF EAGLE, STATE OF
COLORADO.
wr kill lgollrtUf)sjh.
1111111111111111111111111111111111 Hill III Hill HE 111111
611932 01/13/1997 02:32P 6715 P956 432
2 of 3 R 16.00 0 10.00 R 0.00 Ea910 Comity Clork
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Exhibit B
III IIR .1; ff
Preliminary Plan Submittal
August 11, 1997
• �..•� .i :: •:� IVA f .3 Eli IM
A. PURPOSE
This PUD Guide sets forth land uses and development in the unincorporated area of the
County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height:
provides regulations for uses permitted therein and accessory buildings and uses; and
provides additional supplementary regulations.
Brett Ranch is a large parcel ofland under single development control and is suitable
for creation of a residential community with a mix of recreational and other uses.
This large parcel of land is particularly well suited for long -range comprehensive
planning, which, in turn, will aid in the protection of the environment, while at the
same time facilitating the development of an aesthetically pleasing community.
The Planned Unit Development Act of 1972 and Board of Eagle County
Commissioners permit adoption of a development guide within the context of the
planned unit development zoning regulations applicable to such land in order to
establish and implement such a long -range comprehensive plan. A long -range
comprehensive plan has been formulated for Brett Ranch encompassing such beneficial
features as a balance of residential and recreational uses; enhancement of public safety;
creation of an aesthetically pleasing living environment; and promotion of high
standards of development quality by stringent site planning, landscaping controls and
architectural design guidelines all for the benefit of the existing and future citizens of
Eagle County.
B. GENERAL PROVISIONS
Aftenthe effective date of approval of this PUD Guide:
a. Any new building or other structure, and any parcel of land, may be
used; and
b. The use of any existing building, other structure or parcel of land may
be changed or extended; and
C. Any existing building or other structure may be enlarged, reconstructed,
structurally altered, converted or relocated for any purpose permitted or
required by the provisions of this PUD Guide applicable to the area in
which such building, other structure or parcel of land is located, and for
no other purposes. Such use, change, extension, enlargement,
reconstruction, structufal alteration, conversion or relocation shall be
subject to all other standards and requirements set forth or referred to in
the standards and requirements for that area, and to any other applicable
standards and requirements of this PUD Guide.
1) Control Over Location and Bulk
After the effective date of this PUD Guide the location and bulk of all building
and other structures, existing and future shall be in conformity with:
a. All standards and requirements set forth or referred to in the standards
and requirements for the area in which such buildings and other
structures are located; and
b. Any other applicable standards and requirements of this PUD Guide and
the Design Review Guidelines for Area D's single- family homesites.
The plan of development for Brett Ranch including the location and boundaries
of planning areas, the use, the circulation elements and the densities established
by the PUD Guide, are shown upon the "Brett Ranch PUD Overall
Development Plan ". The PUD Overall Development Plan is hereby
incorporated by reference into this Development Guide together with everything
shown thereon and all amendments thereto.
Brett Ranch PUD Guide contains broad design guidelines for each of the
planning areas. Said design guidelines are intended to supplement and
complement Eagle County's Building Ordinances. Where any conflict may
occur, the most restrictive provision shall govern. Eagle County shall
administer provisions of the PUD Guide. Each area's Property Owners
Association will administer the Design Review process.
Wherever a planning area abuts a street as shown in the Development Plan, the
boundary is the abutting right -of -way line of such street. Wherever a planning
area does not so abut a street, the boundary shall be as shown in the Preliminary
Plan. The size of any planning area may increase or decrease after final
determination by the developer during the final subdivision process with the
approval of the Director of Community Development and without any
amendment to this PUD Guide.
Gam: rard . I KOR1L aM31iO N
To minimize fencing and the loss and degradation of valuable wildlife habitat, it
will be expressly prohibited to graze, board or keep any livestock, including,
but not limited to horses, on the Brett Ranch property.
The developer will enter into an agreement with the Colorado Division of
Wildlife to avoid, minimize, and mitigate wildlife impacts resulting from the
planned development. The Wildlife Mitigation Agreement will become an
integral component of the overall plan to develop the Brett Ranch property.
Each property owner will receive the Wildlife Mitigation Agreement upon
entering into a contract to purchase. Various recommendations of the Wildlife
Mitigation Agreement have been incorporated into the General Provisions and
Architectural and Site Design Guideline sections of the PUD Guide.
A seventy -five (75) foot buffer has been provided for along Lake Creek,
consistent with the recommendations of the Eagle County Eagle River
Watershed Plan and the Wildlife Mitigation Agreement. No structures will be
erected within the buffer areas. Any development near the buffer areas shall
minimize disturbance to the vegetation, specifically the narrowleaf cottonwood/
blue spruce riparian community along Lake Creek. No community trails shall
be constructed or permitted within the buffer zone south of Highway 6.
Development associated with Area A will occur above the 100 year floodplain
and will avoid all existing wetland areas.
Runoff, including, but not limited to storm water, road /parking lot residue,
fertilizers, herbicides, pesticides, etc., from developed areas on the property
should be diverted into sediment ponds or wetland treatment ponds to avoid
untreated runoff from entering wetland and riparian habitats.
The following list identifies Planning areas within the Brett Ranch PUD and their respective
land use designations.
TOTAL
117.540
206 1.75
Dwelling Units
Planning Area
Gross Acrea,gg
(Square footage) DU /Ac Parking
A - Multi Family
20.000
156 7.8 390
B - Public Use
7.515
C - Multi Family
7.315
36 4.9 90
D - Single Family
20.880
14 0.7
E - Recreation
3.700
F - Open Space /Trust Lands 55.707
R.O.W. Area A
0.975
R.O.W. Area C
1.176
R.O.W. Area E
0.272
TOTAL
117.540
206 1.75
A. PLANNING AREA A - Residential Multiple Family
To provide sites for the development of multiple family dwellings.
'-m Wl
a. Townhouses, condominiums, single family, duplex and multi -plex
structures including both ownership and rental
b. Recreational activities and facilities; including but not limited to,
playgrounds and equipment, tennis courts, basketball courts, outdoor
swimming pools, restrooms and trails.
C. Child care facilities
d. Utility services
e. Residential sales and management offices for on site development
a. Setbacks - Minimum setback:
Front yard: 20 feet
Side yard: 10 feet
Rear yard: 15 feet
Garage: 10 feet
b. Maximum building height: 40 feet
C. Parking: Two and one -half off - street parking spaces per unit,
including the garage
Multi Family
4
B. PLANNING AREA B - Public Uses
1. Pumose
To provide sites for the development of a water treatment facility and other public
use facilities.
2. Permitted Use
a. Water treatment facility and related activities
b. Public and private schools
C. Public facilities
d. Utility services
3. Special Uses
a. Child care facilities
b. Recreational activities and facilities; including but not limited to,
playgrounds and equipment. tennis courts. basketball courts. outdoor
swimming pools, restrooms and trails.
C. Employee housing
4. Development Standards
a. Setbacks - Minimum setback:
From Highway 6 - 50 feet
Western Property Line - 20 feet
Distance between structures - 20 feet
Private street and parking areas - 10 feet
b. Maximum Building Height - 48 feet
C. Parking - Provide parking sufficient to meet the needs of the uses meeting
the minimum requirements of the Eagle County Land Use Regulations.
5. Plat/Filing Land Use Designation
Public Use
5
C. PLANNING AREA C - Residential Multiple Famil}
Purpose
To provide sites for the development of multiple family dwellings or church
related activities.
2. Permitted Use
a. Townhouses, condominiums, triplex and duplex
structures including both ownership and rental
b. Recreational activities and facilities; including but not limited to,
playgrounds and equipment, tennis courts, basketball courts. outdoor
swimming, pools, restrooms and trails.
C. Child care facilities
d. Utility services
e. Residential sales and management offices for on site development
Special Use
a. Church — A building or group of buildings used for gathering of persons
for such purposes as worship, deliberation, education, instruction,
entertainment, recreation or non - commercial dining. Uses include
churches, chapels, church related offices, meeting facilities, recreational
and educational facilities, residential units owned by individual churches
or other non - profit entity and other church related uses.
Church use would require a Special Use Permit with the following
additional development standards that serve as guidelines, but are subject
to further limitation through the review process:
Maximum Lot Coveraee: 35 percent by buildings or a
total of 75 percent by all other impervious materials,
Floor Area Ratio: 45 percent, defined to include all
space between exterior walls excluding true basements and
garages;
Parking: I space per 300 square feet of floor area:
provided, the said minimum may be reduced upon
determination that the various uses are utilized at different
time intervals and on a daily basis;
3. Development Standards
a. Setbacks - Mihimurn setback:
Front yard: 20 feet
Side yard: 10 feet
Rear yard: 15 feet
Highway 6: 50 feet
Lake Creek: 75 feet from high water mark
b. Maximum building height: 40 feet
C. Parking: Two and one -half off - street parking spaces per dwelling
unit, including the garagq,
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Multi Family /Church
D. PLANNING AREA D - Single Family Residential
I. Purpose
To allow sites for the development of single family homes
a. Single Family Structures
b. Utility Services
C. Residential sales and Management offices for on site development
7
E.
3
3
Development Standards
91
b.
C.
d.
Setbacks - Minimum setback:
Front yard:
Side yard:
Rear yard:
Highway 6:
Lake Creek:
20 feet
10 feet
15 feet
50 feet
75 feet from high water mark
Maximum building height: 35 feet
Parking: Three off - street parking spaces per dwelling unit, including
the garage
Building envelope: maximum 15,000 square feet
4. Plat/Filing Land Use Designation
Single Family
PLANNING AREA E — Recreation
Pumose
To provide an area for recreational uses and facilities including. but not limited to.
playgrounds and equipment, tennis courts. basketball courts. outdoor swimming
pools. trails, picnic grounds, parks, athletic fields and ancillary structures such as
restrooms, gazebos, open air picnic pavilions and foot bridges. All such activities
must conform to the setback requirements listed below and in the Wildlife
Mitigation Agreement.
2. Permitted Uses
a. Recreational facilities
b. Picnic Areas and Pocket Parks
C. Utility Services
H
2. Special Use
a. Commercial Office - 24,000 square feet of commercial office space is a
transitional use from residential west of Lake Creek to B & B industrial
uses. Commercial Office use would require a Special Use Permit with the
following additional development standards that serve as guidelines. but
are subject to further limitation through the review process:
Maximum Square Footage: 24.000 square feet.
Maximum Lot Coveraag: 25 percent by buildings or a
total of 70 percent by all other impervious materials
including any driving and parking surface,
Parkin : 1 space per 300 square feet of floor area:
Maximum Building Height: 40 feet. two- stories
3. Development Standards
a. Setbacks - Minimum setback:
From Highway 6 - 50 feet
Eastern Property Line - 20 feet
Distance between structures - 20 feet
Private street and parking areas - 10 feet
Lake Creek — 75 feet from high water mark
4. Platt ilina Land Use Desianation
Recreation
G'.
F. OPEN SPACE/TRUST LANDS
i. PurI20sg
To preserve sensitive and scenic areas upon the site and to provide areas for
buffer zones, landscaping and recreational uses. The developer intends to
donate designated openlspace areas to a land trust.
2. Permitted Uses
a. Open Space
b. Trails
C. Picnic Areas and Pocket Parks
d. Utility Services
3. Plat/Filinsi Land Use Designation
Open Space
E
IN'. SUPPLEMENTARY REGULATIONS
A. ARCHITECTURAL PROJECTIONS ABOVE HEIGHT LIMIT
Architectural projections including towers. spires, cupolas. chimneys. flagpoles.
observation towers may extend above the maximum height limit no more than 15 feet.
These architectural projections must be uninhabitable space.
B. FIREPLACE REGULATIONS
The installation of any wood burning devices within the PUD must conform to the
currently adopted Eagle County regulations at the time of installation.
C. AFFORDABLE HOUSING PLAN
Eagle County housing studies indicate that there is a considerable shortage of affordable
housing in Eagle County. It is estimated that an additional 2.000 to 3.000 units will be
needed by the year 2000. A large percentage of renters are paying more than thirty
percent of their income for housing and an unusually high percentage of unrelated
persons are required to become roommates in order to share expenses. The rate of home
ownership in Eagle County is one of the lowest counties in the state.
According to the Eagle County housing coordinator, affordable housing efforts are often
geared toward placing first time home owners in entry level housing. Generally. the
concept of entry level housing is thought to apply to younger households. and a Census
category, which corresponds to this, is households headed by persons between the ages of
25 and 34 years old. HUD provides yearly median income figures for families.
According to the 1990 Census, households headed by persons aged 25 to 34 have a
median income that is only 87% of the median family income. The estimated median
income in 1997 for Eagle County is $59,300. Eagle county housing policies define
affordable housing levels as very low (0 -50% of median income), low (50 -80% of median
income), and moderate income (80 -120% of median income). Underwriters have
established that housing expenses should not exceed 28% of income with a 5% down
payment and a 30 -year mortgage. Using underwriting criteria, very low income housing
in Eagle County would be under $71,000, low- income housing would be front $71,000 to
$124,000 and moderate - income housing would be from $124,000 to $194,000.
All of the housing units planned for Planning Area A are directed specifically to the
moderate - income level housing needs of Eagle County.
The developers of Brett Ranch have formulated the following affordable housing
program in addition to providing the housing itself:
The developer will establish and contribute funds as needed to a non - profit
housing assistance entity ( "the entity ") to assist homebuvers at the Brett Ranch
with down payments and closing costs. It is hoped that the Eagle County Housing
Trust Fund will be established to administer such a program.
r
In the interim, the developer will administer "the entity" with the assistance of a
major mortgage lender, until all developer units are sold. The lender will develop
the criteria for the applicants and apply to "the entity" on behalf of the applicant.
Criteria will include, but is subject change depending on future housing assistance
efforts and changing mortgage underwriting criteria:
a. Eligible applicants cannot have owned a home in the last three years.
b. A maximum of a $6.000 loan or 4% of the purchase price to the applicant
is a loan and will be repaid to the entity. After the developer units are
sold, "the entity" will be conveyed to Eagle County to administer. collect
funds, and distribute funds for future down payment assistance programs
throughout the County.
C. The downpayment assistance loan will be paid back upon the owner
selling, refinancing or renting their unit; otherwise. repayment will be in a
defined number of years.
2. Developer units sold to buyers outside of Eagle County will pay a 1 °b transfer fee
also funding "the entity ". After all the developer units have been sold. the I%
transfer fee will continue on resale units sold to buyers outside of Eagle County.
3. Employees of Cordillera and Wintergreen Homes and their affiliated companies,
will be offered the first opportunity to purchase a housing unit of their choice at a
five- percent discount from the listed price. These units must be owner- occupied.
4. Employers, employees and residents of Eagle County will have an opportunity to
purchase a housing unit of their choice at a three- percent discount from the listed
price. These units must be owner- occupied or leased by an Eagle Count}
employee /resident, if purchased by an Eagle County employer.
5. The remaining units will then be offered to the general public. Any units not sold
to an Eagle County resident or employee will pay a I% transfer fee to the non-
profit housing assistance entity.
6. The developer will work with mortgage lenders to provide financing mechanisms
that provide flexibility increasing the number of qualified homebuyers. Currently.
such programs include:
a. Mortgage lenders will reduce average closing costs approximately $500 by
waiving underwriting and document preparation fees, and reducing
appraisal and credit report fees.
b. "100% Loan to Value" financing can be obtained through mortgage
lenders and the non - profit housing assistance entity. Usually, lenders will
not approve mortgages exceeding 95% loan to value ratios. The Brett
Ranch housing assistance entity could contribute the additional 5% for the
down payment to qualified buyers. Normally, at least 3% has to come
from the borrowers own funds.
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Higher than average debt to income ratios can be approved. Housing costs
to income ratios as high as 33% can be approved when usually this ratio
will not exceed 28 %. Total debt to income ratios can be approved as high
as 40% when the normal maximum is 36 -38 %.
The developer will work with Eagle County employers and mortgage lenders to
establish employer assisted financing. Employers may offer assistance to help
employees cover closing costs, supplement down payments, or meet monthly
housing expenses without affecting the qualification requirements for the
borrower in the following ways:
a. Grant• The employer provides a cash payment to the employee.
b. Direct fully repayable loan. The employer provides a secured or
unsecured loan directly to the employee.
C. Forgivable loan. The employer makes a secured or unsecured loan
directly to the employee and agrees to forgive some or the entire principal
at a specified rate over a specified period of employment.
d. Deferred payment loan. The employer makes a secured or unsecured loan
directly to the employee and defers paytfient of principal until the stated
term. The term of the loan must not be less than five years. This
assistance can only be used to finance closing costs and supplement down
payments.
e. Monthly payment assistance. The employer provides assistance that
reduces the employee's monthly housing expenses to a fixed percent of
gross monthly income. The term of the loan must be at least five years
from the earlier of (1) the monthly payment commencement date under the
• note or (2) the employee's termination of employment.
f. Guarantee of lender financed loan. The lender provides a secured or
unsecured loan to the employee based upon the employer's guarantee of
any losses.
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V. ARCHITECTURAL AND SITE DESIGN C111DELINES
A. INTENT /CONCEPT
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The overall design intent of the Brett Ranch PUD is to insure the preservation and
enhancement of the natural beauty of the site and to maintain a high level of quality of
architectural and landscape design that will be established as a standard. The three
following general concepts are of major importance in the development of the Brett
Ranch PUD:
The natural landscape shall dominate the setting.
2. New development shall blend with existing natural landforms and native
vegetation.
3. Vegetation and landforms surrounding individual building sites shall be left
undisturbed and maintained in their natural states to the maximum extent possible.
The design guidelines for Brett Ranch stress the importance of integrating land uses into
the natural setting of the site and surroundings. This is the overriding goal.
Specific architectural design controls are limited in nurAber but, firmly applied. present a
unified visual theme throughout the development.
B. SITE DESIGN AND LANDSCAPE GUIDELINES
1. Minimize Grading/Preservation of Landscape
The intent and goals of Brett Ranch is to preserve the natural existing topography
and minimize disruption of the existing ecosystem and alteration of topography
and vegetation. The prescribed building sites have been located in a manner that
minimizes grading and avoids disruption of the primary natural drainage systems.
These attitudes and goals must be carried forward through to all levels of
development including individual homesites. Wildlife habitats disturbed by
construction activity outside of building envelopes should be reseeded or
replanted with those native plant species originally present.
A seventy -five (75) foot buffer has been provided for along Lake Creek,
consistent with the recommendations of the Eagle County Eagle River
Watershed Plan and the Wildlife Mitigation Agreement. No structures will be
erected within the buffer areas. Any development near the buffer areas shall
minimize disturbance to the vegetation, specifically the narrowleaf cottonwood/
blue spruce riparian community along Lake Creek. No community trails shall
be constructed or permitted within the buffer zone south of Highway 6.
Development associated with Area A will occur above the 100 year floodplain
and will avoid all existing wetland areas.
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Runoff, including, but not limited to storm water, road/parking lot residue,
fertilizers, herbicides, pesticides, etc., from developed areas on the propertti
must be diverted into sediment ponds or wetland treatment ponds to avoid
untreated runoff from entering wetland and riparian habitats.
Building Envelops
The "building envelope" is the area that will-be designated on the final plat for
each residential single family lot and defines the portion of the lot in which
building may occur for Area D. Unless constituting a minor modification as
described below, building encroachments outside Building Envelopes require a
Building Envelope Amendment. Building Envelopes may be amended by either
of the following procedures:
Building encroachments, not to exceed eighteen inches. outside Building
Envelopes (i) of non - habitable space such as roof overhangs, balconies.
service areas, porches, patios, carports and garages provided that (a) view
corridors of adjacent property owners are not substantially impacted in an
adverse manner and (b) that written consent of the Design Review Board
has been obtained for such encroachments, and (ii) of habitable space not
to exceed twelve inches, may be approved by the Eagle County
Community Development Director. No encroachment may occur within
the 75 foot setback along Lake Creek. Minor Modifications shall be under
the authority of the Eagle County Community Development Director and
may or may not require an Amended Final Plat.
f2 Building Envelope Adiustments
Amendments to the Building Envelopes may occur upon approval of one
of two of the following processes:
i. Administrative Process - adjustments in the location of the
building envelope may be made if approved by the Eagle County
Community Development Director. The applicant must submit the
following information with their request for a building envelope
amendment:
a properly executed application clearly stating the reason
for the requested change;
a list of all property owners within 75 feet of the outer
boundaries of the lot in which the building envelope
adjustment is being proposed (along with letters of
approval from all available described property owners);
Design Review Board for Area D approval. and approved
building site plans; and
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five copies of an Amended Final Plat which defines the
current building envelope, the proposed change and the
percentage change of the envelope.
The Amended Final Plat will be referred to appropriate agencies
for review and comment. The Community Development Director
will review the amended final plat and submittal information based
on the following criteria:
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the proposed amendment will not substantially impact in an
adverse manner the view corridor of any property owner to
whom notice of the proposed building envelope amendment
has been sent, or is required by geologic or other hazard
considerations;
the envelope change does not adversely effect wildlife
corridors;
the envelope amendment is not inconsistent with the intent
of the Final Plat; and
the envelope amendment is not an alteration of a restrictive
plat note.
Upon determination that the above criteria have been met, the
Director will request that the Chairperson of the Board of County
Commissioners sign the plat. Appeals to the Director's decision
may be made to the Board of County Commissioners through the
Public Building Envelope Amendment Process.
• ii. Public Building Envelope Amendment Process - This process
would apply to any requested building envelope amendment that
cannot meet the submittal requirements for the above
Administrative Process. The applicant must submit the following
information with their request for a building envelope amendment:
a properly executed application clearly stating the reason
for the requested change;
a list of all property owners within 75 feet of the outer
boundaries of the lot in which the building envelope
adjustment is being proposed;
building site plans; and
five copies of an Amended Final Plat which defines the
current building envelope, the proposed change and the
percentage change of the envelope.
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The Amended Final Plat will be referred to appropriate a= encies
for review and comment. Upon completion of the referral period. a
public hearing will be scheduled and notice shall be sent to the
adjacent property owners at least 30 days prior to the public
hearing. The Board of County Commissioners shall consider the
following in their review of the proposal:
the proposed amendment will not substantially impact in an
adverse manner the view corridor of any property owner to
whom notice of the proposed building envelope amendment
has been sent, or is required by geologic or other hazard
considerations;
the envelope change does not adversely effect wildlife
corridors;
the envelope amendment is not inconsistent with the intent
of the Final Plat; and
the envelope. amendment is not an alteration of a restrictive
plat note.
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Upon determination that the above criteria have been met. the
Chairperson of the Board of County Commissioners signs the plat.
�. Roadwav Corridor Landscaping
Master landscape plans will be prepared for the common roadways within Brett
Ranch. The planting plan will focus upon revegetation and the reintroduction of
native plant species where appropriate, located in informal groupings. Where
individual lots abut these common roadways, landscaping shall be provided which
blends into the edge condition adjacent to the lot and minimize disruption of areas
preserved as native landscaping.
4. Fencing
Fencing will be restricted throughout Brett Ranch to facilitate local wildlife
movements, optimize habitat availability and reduce wildlife mortality. There
shall be no fencing of the perimeter lot lines anywhere on the property.
Homeowners will be permitted a privacy fence to enclose up to 2.500 square feet.
provided it is immediately adjacent to the house and it is entirely within the
designated building envelope, unless specifically approved by the Design Review
Board.
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Doge and Pet Control
Each residential lot will be permitted to have up to two does and their offspring
up to three months old. Residents will be prohibited from harboring dogs on their
property unless they have adequate facilities (i.e., a fenced yard, dog run, or
kennel) to contain the animals. Enclosed runs must be located immediately
adjacent to the home, within the lot's building envelope and shall not exceed
1,000 square feet. At no time are dogs to be allowed to run freely. Homeowners
should be educated that they should not feed dogs and other pets outside their
homes, including decks, to avoid attracting nuisance wildlife or predators.
Visitors or contractors should not bring dogs on -site. Guests of homeowners shall
comply with all Brett Ranch dog control measures.
L. Trash Disposal
There shall be no outside storage of any trash or garbage, no matter how briefly
(e.g.. overnight), at any residence or anywhere within the development, unless it is
contained within individual bear -proof containers that meet North American Bear
Society. CDOW, or U.S. National Park Service specifications.
7. Wildfire Mitigation
Sagebrush areas create a wildfire concern. Therefore, homes built in these areas
should have defensible space created around them. The sagebrush is likely to be
removed during the construction of the foundations and should not be re-
introduced next to the structure. Further, large bushes and trees (especially
conifers) should be planted away from the homes to allow room for growth and
prevent creating a potential future hazard.
C. ARCHITECTURAL GUIDELINES
The essence of the architectural stvle for the Brett Ranch is for buildings to express the
design features typically found in buildings of the early American west. Each building
envelope and building site within Brett Ranch is unique in terms of its setting and
attributes and in order to take advantage of those unique qualities, each site will require
different design and construction approaches. Each individual lot owner as protection of
the Brett Ranch environment should view the design controls and architectural standards
set forth.
Continuity is of utmost importance to the overall design philosophy at Brett Ranch. The
purpose of the Design Guidelines is not to create look -alike residences or to suggest that
they all have to have the same colors and materials, but to create a design approach that
maintains continuity and a sense of place through the use of common themes and ranges
of colors and materials.
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All building materials and colors including roofs are intended to be muted-, earth -
tone colors with light to middle range color values of the native landscape found
upon the site. Occasionally, accent colors that are used with restraint may be
permitted. No highly reflective surfaces, other than glass, shall be used on
exterior surfaces, including roofs.
All exterior wall materials must be continued to finished grade thereby
eliminating unfinished foundation walls.
All decks, patios, and courtyards should be designed as an integral part of the
architecture.of the residences so they are integrated into the overall design. Site
walls and accessory site structures shall be compatible with the main structure
upon the site.
No antenna of any sort shall be installed or maintained upon any residential lot
that is visible from any adjacent property. All service utility lines to each
Residence shall be installed underground.
All outdoor lighting will be carefully reviewed to insure that neighboring
properties are protected-from the view of bright light sources. Illumination
necessary for nighttime activities must be directed downwards.
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It is a goal at Brett Ranch to limit the impervious cover of the ground to the area
necessary for the needs of adequate access and parking. Excessive areas of
pavement will be discouraged.
CI�`R7i�
The following comprehensive and unified signage and graphics program is
outlined in order to maintain high visual standards. Each Area's property owner
associations or their design rey�iew boards, if created, will review all proposed
signs within their Area for conformance with these guidelines.
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Permitted Sians
i. Main Entrance Sign - Planning Area A
- Location: West end of the multi family development. south
side of Lake Creek Boulevard.
- Maximum Size: 32 square feet
- Features: To be free standing or placed on a stone and/or
stucco wall.
- Lighting: Spotlights directed on the sign face or tube light
placed in the wall.
ii. Main Entrance Sign - Planning Area B
Location: Entrance road north side of Highway 6.
Maximum Size: 32 square feet
Features: To be free standing or placed on a stone and/or
stucco wall.
Lighting: Spotlights directed on the sign face or tube light
placed in the wall.
iii. Main Entrance Sign - Planning Area C
Location: Entrance road north side of Highway 6.
Maximum Size: 32 square feet
Features: To be free standing or placed on a stone and/or
stucco wall.
Lighting: Spotlights directed on the sign face or tube light
placed in the wall.
iv. Main Entrance Sign - Planning Area D
Location: Entrance road south side of Highway 6.
Maximum Size: 32 square feet
Features: To be free standing or placed on a stone and/or
stucco wall.
Lighting: Spotlights directed on the sign face or tube light
placed in the wall.
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V. Sub - Project Entrance Signs - Planning Area E
Sub - Project within the Brett Ranch PUD, such as the
entrance of the recreation parcel or commercial
development, east of bridge over Lake Creek. Located
where a roadway serves more than one project or
neighborhood additional signs can be located to direct
owners or guests.
Location: At the entrance road or driveways at each.sub-
project or neighborhood.
Maximum Size: 32 square feet
Features: To be free standing or placed on a stone and/or
stucco wall.
Lighting: Spotlights directed on the sign face or tube light
placed in the wall.
vi. Specific Use Signs
Signs that identify specific areas or service facilities, such
as construction offices or maintenance buildings
Maximum Size: 18" x 36"
Only one real estate sign is permitted per lot or parcel. The size of
the sign shall be limited to 2'x 3'.
Traffic control devices within the Brett Ranch PUD are controlled
by the "Manual on Uniform Traffic Control Devices for Streets and
Highways" and the Colorado Supplement thereto.
All signs with the Brett Ranch PUD must comply with the
provisions of Section 2.11 of the Eagle County Land Use
Regulations unless specifically superseded by this Brett Ranch
PUD Sign Code.
Maximum height of all freestanding signs is 10 feet unless
specifically approved as a PUD amendment by Eagle County.
Signs may be lighted by direct spot or flood lights or may be lit by
back or surrounding lights. Transparent or translucent plastic signs
may not be backlit. Lighting shall not adversely impact with
adjacent property owners or create a traffic hazard to operators of
motor vehicles.
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No setbacks for signs are required.
A sign permit shall be obtained from the Eagle County Planning
Department for all signs exceeding six (6) square feet in sign area,
unless otherwise exempted by Section 2.11.05 of the Eagle County
Land Use Regulations.
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