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HomeMy WebLinkAboutR94-028 creamery gulch ranch applicationr A 1 �,✓� Commissioner (p0 1z, moved adoption of the followin� tion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9-�/— - IN RE THE MATTER OF THE APPLICATION OF Q THE CREAMERY GULCH RANCH COMPANY For APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the o CREAMERY GULCH RANCH PLANNED UNIT DEVELOPMENT 0 U W o x FILE NO: PD- 231 -93 -P �%i WHEREAS, on or about October 15, 1993, the County of Eagle, State of Colorado, accepted for filing an application submitted o b by The Creamery Gulch Ranch Company (hereinafter "Applicant ") for P approval of a Zone District Amendment and the Planned Unit Development Preliminary Plan for the Creamery Gulch Ranch Planned Unit Development, File No. PD- 231 -93 -P for the parcels of land w described as Creamery Gulch Ranch, Phase II, A Resubdivision of Lot 3, Creamery Gulch Ranch and Creamery Gulch Ranch, A o u Resubdivision of Tracts C and X and incorporated herein by this m ) reference; and 0 , q--p WHEREAS, the applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in a two- t-- U sheet set of drawings titled "Preliminary Plat, Creamery Gulch Ranch, Phase II, A Resubdivision of Creamery Gulch Ranch" by o v Johnson, Kunkel and Associates, Inc., dated November 4, 1993, and Cd received by Eagle County Department of Community Development on W November 5, 1993, and approved by the Board of County N Commissioners (hereinafter "the Board ") on January 18, 1994; and p as further described in the Planned Unit Development Guide for Creamery Gulch Ranch, Phase II, received by Eagle County c P Department of Community Development on January 5, 1994, and Q approved by the Board on January 18, 1994; and 1 m w WHEREAS, a public hearing was held by the Board on January 0 18, 1994, and m O M C to /: ( n �%i 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 and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Creamery Gulch Ranch, Phase II PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Creamery Gulch Ranch Sketch Plan and conditions of approval. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports on file pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Edwards Sub -Area Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available. 2. To have a significant economic determinant to the Edwards area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for -2- pedestrian and vehicular circulation, off- street parking and loading space. IV (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between buildings, and insures that the PUD is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated.as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. (e) The developer has provided central water and sewer facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial, recreational and educational facilities conveniently located to residential housing. (g) Clustered housing and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total 25% of the site area. (b) Residential Density The density is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (commercial) The density of uses other than residential is appropriate after consideration of the Master Plan and individual characteristics of the subject land. -3- (d) Architecture Each structure in the Planned Unit Development has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed, insofar as practicable considering the overall size of the PUD, to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing The applicant has provided for employee housing needs. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The Environmental Impact Report submitted is adequate. 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amendments, the Board finds as follows: (a) The rezoning is consistent with the Master Plan and the Edwards Sub -Area Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics-of the use requested; and the -4- 3 advantages of the use requested outweigh the disadvantages. (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) 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 the proposed rezoning is necessary in order to provide land for a demonstrated community need. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Creamery Gulch Ranch, Phase II PUD Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of thirty (30) dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Planned Unit Development Guide for Creamery Gulch Ranch, Phase II, dated January 5, 1994, attached as Exhibit B. The conditions which must be met prior to Final Plat approval are as follows: 1. A wildlife mitigation plan similar to that proposed by the applicant's wildlife biologist will be required. The specific items should be arrived at with the DOW by Final Plat; 2. Cash in lieu of school land dedication equivalent to 1C units ($7247.50); 3. Final Plat notes identical to the existing plat notes except that the Architectural Control Committee may approve the use of platted open space for locating septic tanks and leach fields only as a last resort. 4. A subdivision improvements agreement shall be required. 5. The applicant agrees to undertake engineering investigations to demonstrate the adequacy of the project caretaker unit placement. 6. Nothing in the PUD Control Document is intended to be in conflict with Section 2.07.13 of the Eagle County Land Use Regulations (Wood Burning Control). THAT, the Creamery Gulch Ranch, Phase II 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. CM 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. 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 day of nn.n4- , 199el, nunc pro tunc the 18th day of January 19 94. COUNTY OF EAGLE, STATE OF ATTEST: R.' �® ��,�� COLORADO, BOARD OF by and Through Its COUNTY COMMISSIONERS BY: Sara J. Fi!�`her Clerk of the Board of County Commissioners Commiss foregoi:_ as follows: a _ do BY: Johnnette Phillips, Cha BY: Z r' A,e&t George A. Gates, Commissioner Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. r o This Resolution passed by 9 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. f; CREAMERY OR RANCH PHASE II 1� owing Planned Unit Development Guide, the approved Preliminary Subdivision Plan and haal Plat, Creamery Gulch Design Guidelines and Subdivision Covenants will serve as the governing regulations which will control the development of Creamery Gulch Ranch. As described above, numerous positive changes are proposed in these documents in order to establish greater control over the future development of Creamery Gulch Ranch Phase II. In some cases there will be conflicting provisions within each of these control documents. In the event of a conflict, the most restrictive provision shall govern The following Planned Unit Development Guide is intended to become a part of the Creamery Gulch Ranch Planned Unit Development (PUD) and serve as the "control document" for the PUD as required by Section 2.06.13(6)D of the Eagle County Land Use Regulations. ONER "I Minimum lot area shall be as indicated upon the Creamery Gulch Ranch Phase II Preliminary Plan. 1 u•1 11 Site dimensions shall be as indicated upon the Creamery Gulch Ranch Phase II Preliminary Plan. C. Permitted Uses 1. Permitted uses on lots 1, 2, 4, 5, 7, 10, 15, 16 and 17 shall include one single family residential dwelling unit and one accessory residential unit in accordance with the provisions outlined below in section H. 2. Permitted uses on lots 3, 6, 8, 9, 11, 12, 13, 14. 18, 19 and 20 shall be one single family residential dwelling unit 3. Accessory uses permitted on lots 1- 20 include swimming pools, patios or other uses customarily incidental to single family residential lots. 4. Permitted uses on open space Tracts A, B. C, and E include trails, picnic benches. on -grade decks, natural water features, and a common gardenilandscape nursery. No buildings shall be permitted within these Tracts A, B, C or E. Permitted uses on tract D include uses listed above, a tennis court and a project caretaker unit in accordance with the provisions outlined in section H below. 01-05-1994 bC ;4ZHrI rnuri rnjnrc JHVIHK as�ouu. D.. B�]t Lding Seth®cks Each lot within Creamery Gulch Ranch phase II contains a designated building envelope. All buildings and site improvements, with the exception of landscape and site access improvements, shall be located within the designated building envelope. The building envelopes are described on the final plat. E, Building Height Buildings on lots 4,5, and tract D shall not exceed 28'. Maximum building height on Lot 3 shall not exceed 20'. Maximum building h ' t on Lot 7 shall not exceed 30 feet. Maximum building height on Lot 12 shall not Maximum building height on all other lots shall not exceed 35' feet. Budding height shall be measured in accordance with the Eagle County Land Use Regulations. IT. Site Coveragg 1. Buildings: 11,300 square feet 2. All impervious materials: 17,900 square feet Site coverage shall be defined in accordance with provisions outlined in the Eagle County Land Use Regulations. G - Parking Required on -site parking for each lot shall be as required by the Eagle County Land Use Regulations. H, a retaker Tnis 1. Single Family Lot Caretaker Units Caretaker units on single family lots shall not be subdivided or sold separately from the main residence. The maximum size for caretaker units shall be 1,500 square feet. Caretaker units shall be architecturally integrated with the main residence and shall not be physically separated from the main residence. Wood burning fireplaces or other woodbuming appliances shall not be permitted in caretaker units. 2. Project Caretaker Unit The project caretaker unit shall be owned by the homeowners association. Following the completion of a1I homes in the project, the use of the project caretaker unit shall be litrrited to a residence for an employee of the homeowners association. The maximum size for caretaker units shalt be 1,500 square feet The location of the project caretaker unit shall be as indicated on fire Creamery Gulch Ranch Phase II Preliminary Site Plan. Wood burning fireplaces or other woodburning appliances shall not be pem>ined in caretaker units. b1- 44-1774 rmull L signs Ht;Ch aHPIHR HS Ut.. IU a JGb r 1 r. 04 There may be a project entrance sign in conjunction with the main gate not. to exceed 24 square feet. In addition, each lot may display an address and owner name sign not to exceed 4 square feet per lot. All signs shall be subject to the review and approval of the Architectural Control Coeur&=. J. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any Residential Lot, except that not more than two pets, consisting of dogs, cats or other household pets, or combination thereof, may be kept, bred or maintained for commercial purpose. All household pets shall be controlled by their owner, and shall not be allowed in or on the common area except when properly leashed and under the reasonable control of their owner. K. Fence RCItrictions No fence shall be constructed on the property without the approval of the Architectural Control Committee. The Architectural Control Committee shall not approve, and no boundary fence shall be allowed to be constructed of wire which exceeds 40 inches in height or which has a kick space between the top two horizontal members of less than 12 inches. L. Trash Restrictions No trash shall be stored outside unless such trash is placed in CROW approved bear proof trash containers. Date OF COUNTY COMMISSIONERS Attest Ib—M