HomeMy WebLinkAboutR94-149 application for zone district amendment of Arnold Meadows PUDx
Commissioner L L2 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 9
IN RE THE MATTER OF THE APPLICATION OF
Don C. Byers and Robert & Gloria Arnold
For APPROVAL of a ZONE DISTRICT AMENDMENT and the
PRELIMINARY PLAN for the
Arnold Meadows PLANNED UNIT DEVELOPMENT
FILE NO: PD- 318 -94 -P
WHEREAS, on or about June 1, 1994, the County of Eagle,
State of Colorado, accepted for filing an application submitted
by Don C. Byers and Robert & Gloria Arnold (hereinafter
"Applicant ") for approval of a Zone District Amendment and the
Planned Unit Development Preliminary Plan for the Arnold Meadows
Planned Unit Development, File No. PD- 318 -94 -P for the parcels of
land described in Exhibit A attached hereto and incorporated
herein by this reference; and
WHEREAS, the applicant requested the approval of a Planned
Unit Development (PUD) Preliminary Plan as described in a 19-
sheet set of drawings titled "Preliminary Plat Documents for the
Arnold Meadows Subdivision ", by High Country Engineering, Inc.,
dated April 20, 1994, and received by Eagle County Department of
Community Development on May 2, 1994, and approved by the Board
of County Commissioners (hereinafter "the Board ") on August 16,
1994; and as further described in the Planned Unit Development
Guide for Arnold Meadows, dated September 1, 1994, and received
by Eagle County Department of Community Development on September
2, 1994, and approved by the Board on August 16, 1994; and
WHEREAS, public hearings were held by the Board on August
16, 1994, 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
541863 B -651 P -825 10/06/94 12:43P PG 1 OF 10 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
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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 Arnold
Meadows PUD Preliminary Plan:
(a) The Preliminary Plan is in general conformance with the
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 Mid Valley Community Master 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
Mid Valley 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
pedestrian and vehicular circulation, off - street
parking and loading space.
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(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.
IV.
(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)
There are no uses other than residential.
(d) Architecture
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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 to provide recreational
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 has been
waived by the Board.
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
Mid Valley Community Master Plan; the area possesses
the geologic, physical and other environmental
conditions compatible with characteristics of the use
requested; and the 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 Arnold Meadows
Zone District Amendment and the Planned Unit Development
Preliminary Plan be and is hereby conditionally granted for a
maximum of 9 dwelling units. Such units shall be generally
located in the areas depicted in the Preliminary Plan and as
further restricted in the approved Arnold Meadows Planned Unit
Development Guide, dated September 1, 1994, attached as Exhibit
B. The conditions which must be met prior to Final Plat approval
are as follows:
1. Building envelopes shall be platted approximately in
accordance with the submitted landscape plan, except
lots 7, 8 and 9 which shall be placed in order to
provide adequate buffer from the treatment ponds;
1 2. A CDOT access permit shall be issued or it shall be
demonstrated that a permit has been issued;
3. The Mid Valley Metropolitan District shall approve
water and sewer construction plans. The applicant
shall cause the District to submit a letter of
commitment for water service to the County with a copy
to the State Engineer, Division of Water Resources;
4. The applicant's geologist shall clarify the potential
for sinkhole potential for further submission to the
Colorado Geological Survey. The report shall contain
appropriate mitigation measures if any are deemed to be
necessary;
5. The PUD Guide shall only refer to the number of
dogs and cats allowed by any lot owner and that dogs
shall be under full owner control at all times. All
other pet restrictions currently in the PUD Guide
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should be considered in the covenants. Farm and ranch
animal references should be removed.
Alteration, obstruction or diversion of the
natural drainage courses and patterns should be
restricted.
The minimum landscaping standards should be
included in the covenants and PUD Guide.
The following items shall be addressed in the PUD
Guide:
1. Signs;
2. Fencing;
3. Outdoor lighting;
4. Parking;
5. Storage;
6. Maximum or minimum floor area restrictions, if
any;
6. Cash in lieu of school land dedication fee:
9 X .014495 = .130455 acres X $10,000 /acre = $1,304.55
7. Recommendations as outlined by the County Engineer in a
memo dated June 29, 1994 except that sidewalks, curb
and gutter should be consistent with Garfield County's
requirements.
8. Approval of the Mid Valley Metropolitan District 1041
application.
9. This conditional approval shall not become effective
until the PUD Guide issues listed in No. 5 above have
been addressed and this Resolution has been recorded.
THAT, the Arnold Meadows 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 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
c
meeting held the l = day of
nunc pro tunc the 16th day of August, 1994.
ATT]
NM
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
BY:
hnnette Phillips, Cha rman
1W
Gates, Commissioner
E. (79ffson�Ir�
Commissioner Y �iUlliYi�7 G seconded adoption of the
foregoing resolution. Th& roll having been called, the vote was
as follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips A
Commissioner James E. Johnson, Jr.
This Resolution passed by ;3� = 0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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Clerk of the Board of
County Commissioners
EXHIBIT "A"
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1 /4SE1 /4, THE
S1 /2NE1 /4 AND IN THE SE1 /4NW1 /4NE1 /4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP
IN PLACE; THENCE N 30'52'44" W 3453.72 FEET TO A POINT ON THE
WESTERLY LINE OF BLUE LAKE P.U.D., SAID POINT ALSO BEING THE
NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 439189
OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY LINE N 77'11'26" W ALONG
THE NORTHERLY LINE OF SAID RECEPTION NO. 439189 572.38 FEET; THENCE
CONTINUING ALONG SAID NORTHERLY LINE S 38'08'04" W 158.25 FEET TO
A POINT ON THE WESTERLY LINE OF EAGLE COUNTY; THENCE N 00'00'20" E
ALONG THE WESTERLY LINE OF EAGLE COUNTY 885.74 FEET TO A POINT ON
THE SOUTHERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 309 AT PAGE
181 OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE; THENCE
N 89'39'16" E ALONG SAID SOUTHERLY LINE 376.10 FEET; THENCE LEAVING
SAID SOUTHERLY LINE N 18'43'24" E 106.08 FEET; THENCE N 00'39'52" E
663.47 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 495345; THENCE N 89'42'51" E ALONG SAID
SOUTHERLY LINE 237.95 FEET TO THE NORTHWEST CORNER OF BLUE LAKE
P.U.D.; THENCE LEAVING SAID SOUTHERLY LINE S 00'00'01" W 1655.49
FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 16.730
ACRES, MORE OR LESS.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL THAT PORTION OF A DOCUMENT
RECORDED IN BOOK 309 AT PAGE 181 AS RECORDED IN THE EAGLE COUNTY
CLERK AND RECORDER'S OFFICE WHICH AFFECTS SAID PARCEL; SAID EXCEPTION
CONTAINING 0.604 ACRES, MORE OR LESS.
SAiC PARCEL CONTAINING A NET ACREAGE OF 16.126 ACRES, MORE OR LESS
EXHIBIT B
PLANNED UNIT DEVELOPMENT GUIDE
for
EAGLE DAKOTA SUBDIVISION
(a.k.a. Arnold Meadows Subdivision)
1. Pumose
To maintain the rural character of the outlying areas while allowing for compatible low- density
residential development.
2. Uses by Right
Lots 1 through 9: Single - family dwelling and customary accessory for residential purposes and
fences, hedges, gardens, walls, and similar landscape features.
The dedicated private open space on the final plat shall be for the use and enjoyment of the
members of the Homeowners' Association, their families and guests. The open space will be
maintained by the Homeowners' Association, including the bicycle/pedestrian path.
Road right -of -ways shall be private and maintained by the Homeowner's Association per the
Final Plat. The right -of -ways can be dedicated to the public at a future date if and when approved
by the Board of County Commissioners.
3. Lot Area
The lot areas shall be as set on the Final Plat of Eagle Dakota Subdivision.
4. Minimum Setbacks
All improvements on lots 1 through 9 shall be located within the building envelopes as shown
on the Final Plat. Building envelopes may be amended by following the Amended Final Plat
procedure as described in Section 2.19 of the Eagle County Land Use Regulations.
5. Maximum Building Height
The maximum building heights shall be 30 feet to the mid -point of roof on all lots.
6. Domestic Animals
Lot Owners shall be entitled to keep animals on their property but limited to no more than two
(2) dogs and/or two (2) cats shall be kept at any time on any one lot.
7. Sienage
All signage shall conform to Section 2. 11, Eagle County Sign Code, of the Eagle County Land
Use Regulations except each residence may have an individual identification sign of a maximum of
four (4) square feet. All definitions, exempt signs, prohibited signs, and illumination shall be
governed by the Sign Code of Eagle County.
8. Fencing
No fence, wall or similar type barrier exceeding 36 inches in height of any kind shall be
constructed, erected, or maintained on any lot, except such functional fences or walls as may be
an integral or decorative part of a building. For wire fences, a 12 -inch kick space shall be
provided between the top two wires. Use of higher fences for enclosure of animals or gardens
may enclose not more than 400 square feet of space.
9. Lighting
All lighting shall be down lighting with minimum glare to neighboring properties. No moving
or flashing light systems will be permitted.
10. Parking
Parking shall be 3 spaces per unit with a minimum of 2 enclosed.
11. Trash Storage
All trash collection areas must be enclosed by walls or fences.
12. Landscaping
Minimum landscaping on each lot shall be three (3) trees per site with a minimum height of six
(6) feet and five bushes of 5- gallon size.
13. Floor Area
A minimum of 1500 square feet of floor area exclusive of garage, shall be built in each
residence.
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�y
Date
9326pud5
08/29/94
