No preview available
HomeMy WebLinkAboutR03-141 Approving an Amendment to Berry Creek Ranch Planned Unit Development File No. PDA-00045~ • ,~~~ Commissioner ~~ moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED GUIDE FOR THE BERRY CREEK RANCH PLANNED UNIT DEVELOPMENT FILE NO. PDA-00045 WHEREAS, on or about June 26, 2003, the County of Eagle, State of Colorado, accepted for filing an application submitted by the Berry Creek Ranch Metropolitan District (hereinafter "Applicant") for approval of an amendment to the Amended and Restated_Guide for the Berry Creek Ranch Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD"); and. WHEREAS, the Applicant requested the amendment of the PUD for the purposes of: Adding language that constitutes a Comprehensive Siacl Plan to the Amended and Restated PUD Guide for Berry Creek Ranch. (See pages 8, 9, and 10 of the Amended Guide, attached as E~GiIBIT "A"); and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD, and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board"); and WHEREAS, at its public hearings of September 17th, 2003 and October lst, 2003 the Eagle County Planning Commission, based on its findings, rendered a split decision, voting three for and three against, on the proposed Amendment to the Amended and Restated Guide of the Berry Planned Unit Development; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on October 7th, 2003, to consider this PUD Amendment; and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 857084 Page: 1 of 17 11/07/2003 04:42P Teak J Sdmonton Eagle, CO 370 R 0.00 D 0.00 • C~ Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED GUIDE FOR THE BERRY CREEK RANCH PLANNED UNIT DEVELOPMENT FILE NO. PDA-00045 WHEREAS, on or about June 26, 2003, the County of Eagle, State of Colorado, accepted for film; an application submitted by the Berry Creek Ranch Metropolitan District (hereinafter "Applicant") for approval of an amendment to the Amended and Restated Guide for the Berry Creek Ranch Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD"); and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of: Adding language that constitutes a Comprehensive Sign Plan to the Amended and Restated PUD Guide for Berry Creek Ranch. (See pages 8, 9, and 10 of the Amended Guide, attached as EXHIBIT "A"); and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD, and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board"); and WHEREAS, at its public hearings of September 17th, 2003 and October 1St, 2003 the Eagle County Planning Commission, based on its findings, rendered a split decision, voting three for and three against, on the proposed Amendment to the Amended and Restated Guide of the Berry Planned Unit Development; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on October 7th, 2003, to consider this PUD Amendment; and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: • That proper publication and public notice were provided as required by law for the hearings before the Planning Commission and the Board; and, Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: (1) Unified ownership or control. The title to all land that is part of this PUD IS NOT owned or controlled by one (1) person/ entity. However, application is being made by an elected Board that represents the interests of the PUD community at large. (2) Uses. No new uses are proposed, and the uses present in the PUD ARE those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. (4) Off-Street parking and Loading. It HAS previously been found that adequate, safe and convenient parking and loading was provided by PUD standards, and the proposed PUD Amendment WILL NOT adversely affect the adequacy ofoff-street parking and loading for residential and commercial locations within the subdivision. No standards exist, however, for parking in front of an informational kiosk. (5) Landscaping. Landscaping provided in the approved PUD Preliminary Plan DOES comply with the standards in effect at the time the Preliminary Plan was approved. The proposed PUD Amendment DOES NOT impact existing landscaping, nor require additional landscaping that would be inconsistent with the character of the area. (~ Signs. The sign standards applicable to this request to amend the PUD ARE NOT as specified in Article 4, Division 3, Sign Regulations. However, and as conditioned, the sign provisions proposed for the PUD Guide, along with applicable provisions of Eagle County Land Use Regulations, constitute a comprehensive sign plan for the PUD, as provided in Section 4-340.D., Signs Allowed in a Planned Unit Development, that IS suitable for the PUD, and that DOES provide the minimum sign area necessary to direct users to and within the PUD. ('n Adequate Facilities. It HAS previously been found that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical services. (S) Improvements. It HAS previously been found that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the • Preliminary Plan for the PUD. The proposed PUD Amendment MAY result in some risk to drivers as a result of the location of the informational Kiosk. The proposed PUD Amendment WILL NOT adversely affect improvements regarding: (b) Internal Pathways (c) Emergency Vehicles (d) Principal Access Points, and (e) Snow Storage. (9) Compatibility with Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. The proposed PUD Amendment WILL NOT adversely affect this compatibility. (10) Consistency with Master Plan. The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use.Map (PLUM). The proposed PUD Amendment WILL NOT adversely affect the consistency with the Master Plan. (11) Phasing. A phasing plan IS NOT required for this PUD Amendment. (12) Common Recreation and Open Space. It has previously been found that the development DOES comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect common recreation and open space within the PUD with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resources Protection. It HAS previously been found that the recommendations made by the applicable analysis documents were considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect natural resources. The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch and Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (PLUM). (2) Consistent with Land Use Regulations. It HAS previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. Should the proposed variations from standards be determined acceptable to the Board, the proposed PUD Amendment WOULD NOT create any non-compliance with any provisions of Land Use Regulations that presently govern this property. (3) Spatial Pattern Shall Be Efficient It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment DOES NOT adversely affect the spatial patterns in the area. • (4) Suitability for Development. It HAS previously been found that the site was suitable for development. The proposed PUD •Amendment DOES NOT alter the suitability of the property. (5) Compatibility with Surrounding Uses. It HAS previously been found that the development was compatible with other development in the area. The proposed PUD Amendment WILL NOT adversely affect the compatibility of the resulting development with surrounding uses. Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation (1) Initiation. The Applicant HAS submitted a PUD Guide that demonstrates that the requirements of this Section are fully met. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m Amendment to Preliminary Plan for PUD: (1) Is consistent. The proposed PUD Amendment IS consistent with the efficient development and preservation of the entire Planned Unit Development. (2) Does not affect in a substantially adverse manner. The proposed PUD Amendment DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest. (3) Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application submitted by the Berry Creek Metropolitan District for an amendment to the Amended and Restated Guide for the Berry Creek Ranch Planned Unit Development be and is hereby granted, with the following conditions: 1) That, as directed by the Board, text proposed for the PUD guide indicating that signs may be located within the road right-of--way be changed to indicate that locations for Informational Kiosks and Entry Monuments, as described herein, must be approved by the Board of County Commissioners after recommendations by Eagle County Engineering. (this language has been incorporated into the Amended Guide on page 8) 2) That, pursuant to the referral response of from Eagle County Engineering dated 08/29/03, a right-of--way construction permit must be obtained from Eagle County prior to any construction within the road right-of--way. 3) That all material representations made by the Applicant in submitted materials and in public meetings shall be adhered. to and considered conditions of approval, unless otherwise amended by other conditions THAT, the Board hereby approves the Amended and Restated Planned Unit Development Guide, revised and dated September, 2003 and attached hereto as Exhibit "A". THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of C unty Commissioners of the County of Eagle, State of Colorado, at its regular meeting held they o ?0 3, nunc pro tunc to the 7 day of October, 2003. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Michae .Gallagher, an By By Commissioner seconded adoption of the foregoing Resolution. The roll having been called, th vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Arn M. Menconi This Resolution passed by~~<(ote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A AMENDED AND RESTATED GUIDE FOR THE PLANNED iJNIT DEVELOPMENT OF BERRY CREEK RANCH FILING NOS. 1, 2, 3 AND 4 OF SEPTEMBER, 2003 I. PURPOSES This Amended and Restated Guide for the Planned Unit Development of Berry Creek Ranch Filing Nos. 1, 2, 3 and 4.provides the required land use control document pursuant to the planned Unit Development Act of 1972, C.RS., 1973 and to the Eagle County band Use Regulations then in effect. This Amended and Restated Guide to the Berry Creek PUD ("the Guide") amends and restates in it's entirety and supersedes the Amended and Restated Guide for the Planned Unit Development of Berry Creek Ranch Filings No.l, 2, 3 and 4, recorded April 4,1997 in Book 722 at Page 975, as approved by the Eagle County Board of County Commissioners per Resolution No. 97-26. This Amended and Restated Guide to the Berry Creek PUD (the "Guide") amends and restates, in it's entirety, and supersedes the previously approved Planned Unit Development Plan and Declaration of Protective Covenants for Berry Creek Ranch - Filing No.l, recorded November 27,1978 in Book 278 at Fage 908, and an Amendment thereto, recorded May 24,1979 in Book 285 at Page 903; and certain Declaration of Protective Covenants for Berry Creek Ranch Filing No.2, recorded Apri110,1979 in Book 283 at Page 979, and an Amendment thereto, recorded September 27,1979 in Book 291 at page 619; and certain Declaration of Protective Covenants. for Berry Creek Ranch Filing No.3 recorded February 27,1980 in Book 299 at page 325; and certain Declaration of Protective Covenants for Berry Creek Ranch Filing No.4 recorded February 27,1980 in Book 299 at Page 323, and an Amendment thereto, recorded October 24,1980 in Book 493 at page 695, and an Amendment thereto, recorded June 18,1996, in book 697 at page 793. (collectively, the Prior Declarations"), the Prior Declarations being recorded in the office of the Clerk and Recorder, Eagle County, Colorado. The a)mve superseded documents featured both the PUD control standards and the conditions, covenants and restrictions under one cover. This amended and restated guide includes only those portions, either in their original content or slightly amended, that are customary to a standard PUD guide. The conditions, covenants and restrictions have been consolidated, amended and restated as a separate document to supersede all of the above, approved by the Eagle Board of County Commissioners on May 23. 1995 as the Amended and Restated Declaration of Covenants, Conditions and Restrictions of Berry Creek Ranch Filings Nos. 1,2,3 and 4, and recorded June 14, 1995 in Book 669, Page 377. • • II. ApPLICABII.ITY A. The zoning and land use restrictions set forth in this document shall apply to all real property located and included on the following plats, as amended, recorded in the office of the Clerk and Recorder, Eagle County, Colorado. Said subdivisions shall hereinafter be referred throughout this guide as "Berry Creek" or "the subdivision." 1. Berry. Creek Ranch Filing No.l in Eagle County, Colorado, the plat of which was filed under Reception Number 174482, and recorded November 3, 1978 in Book 278 at Page 72, Map Case 2, Drawer B of the recorded of the Clerk and Recorder's Office for Eagle County, Colorado. 2. Berry Creek Ranch Filing No.2 in Eagle County, Colorado, the plat of which was filed under Reception Number 180384, and recorded Apri110,1979 in Book 283 at Fage 979, Map Case 2, Drawer B of the records of the Clerk and Recorder's Office for Eagle County, Colorado. 3. Berry Creek Ranch Filing No.3 in Eagle County, Colorado, the plat of which was filed under Reception Number 195714, and recorded February 27, 1980 in Book 299 at Page 324, Map Case 2, Drawer B of the records of the Clerk and Recorder's Office for Eagle County, Colorado. 4. Berry Creek Ranch Filing No. 4 in Eagle County, Colorado, the plat of which was filed under Reception Number 195712, and recorded February 27, 1980 in Book 299 at Page 322, Map Case 2, Drawer B of the records of the Clerk and Recorder's Office for Eagle County, Colorado. B. The provisions of the Eagle County Land Use Regulations shall apply to development within Berry Creek to the extent applicable and not inconsistent with the specific provisions of this guide. In the event of a conflict, inconsistency or incongruity between the provisions of this guide and the provisions of any other section contained in the Eagle. County Land Use Regulations, the provisions of this guide shall in all respects govern and control the development of Berry Creek. III. DEFINITIONS - As used in this guide, the following words and terms shall have the following meanings: 2 ~ r A. "Clubhouse Tract" shall mean a tract within the subdivision on which may be constructed buildings relaxing to recreational and health activities such as golf, tennis, swimming, racquetball and handball. Said buildings may contain a restaurant and baz, pro shop, toilet and locker rooms and other related uses. In addition to said buildings, drives and parkuzg areas, tenors courts and swimming pools may constructed upon the clubhouse tract B. "Crawl Space" shall mean an azea on the first level of the structure that shall have a ceiling height of less than 5 feet measured from the finished or unfinished floor to the underside of the structural members of the floor above. C. "Duplex Unit Residential Lot" shall mean a Lot which may be used solely for Residential purposes and upon which not more than one (1) building containing not more than two (2) Dwelling Units, together with not more than two (2) attached garages maybe constructed. D. "Dwelling Unit" shall mean one (1) or more rooms in a building designed to be used and occupied by one (1) family living independently of any other family, having not more than one (1) indoor kitchen facility, to be used solely for residential occupancy. g "Garage" shall mean a permanent pazt of a main building used for storage of the private vehicles or boats of the occupant and which is totally enclosed. F. "Golf Course Tract" shall mean a tract within the subdivision which can be used solely for the conduct of the game of golf and relaxed golfing activities. A golf course tract may have constructed thereon buildings such as shelters, toilets, pump houses and other accessory structures related to the activity. Other recreation activities such as hiking, jogging" fishing and horseback riding are prohibited within said tract except as specially permitted and approved in writing by the Berry Creek Metropolitan District and the Golf Course Owner. G. "Habitable Area" shall mean all enclosed space except garages, non-habitable attics, crawl spaces and mechanical rooms. I~abitable azea shall be measured from the outside faces of exterior walls. Stairwells, including landings, shall be measured at 100% ax the lowest floor level, and at 50% at all other floor levels. Habitable area shall include all space with a ceiling height of five feet or greater, measured from the finished or unfinished floor to the underside of the structural members of the floor or rood structure above. Dropped ceilings. soffits, and the like shall not be considered in calculating ceiling height. 3 ~ ~ H. "Home Occupation" shall mean any lawful use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. Home occupations may include professional offices or a studio for the arts and crafts. Uses which have one or more of the following characteristics are not permitted: 1 } non-resident employees or clients on the premises; 2) storage of inventory, equipment or supplies; 3 } advertising showing the physical address of the properly; 4) increased traffic beyond that customary to a residential dwelling use. I. "Landscaping Tract" shall mean a tract within the subdivision which may remain in its natural and undisturbed state or may .be landscaped with grasses and plant material indigenous to the site. No physical improvement shall be constructed on these tracts. 1. "Lot" shall mean any plot of land delineated upon the most recent, valid, applicable recorded subdivision map including all or a portion of the properties, with the exception of public streets. K. "Mechanical Room" shall mean ~ area ~~ relatedeto the struectureand~ heating, plumbing, or air conditioning sy supplies reasonably necessary for the maintenance of such systems. L. "Multiple Unit Residential Lot" shall mean a lot which can be used solely for multiple family residential purposes including condominiums, town house and apartments, and upon which the number of buildings to be so constructed upon each such lot shall not exceed fifteen (15) living units per acre. Time-sharing, or the creation of time share estates or a fraction fee, as defined in the applicable statues, law, rules or regulations of the State of Colorado or the County of Eagle, Colorado, of any dwelling unit constructed on a Multiple Unit Residential Lot is expressly prohibited. M. "Non-Habitable Attie" shall mean an area on the top level of the structure that shall have a ceiling height of less than 5 feet measured from the finished or unfinished floor to the underside of the structural members of the roof structure above. N. "park and Recreation Tract" shall mean a tract within the subdivision which can. be used for recreation purposes such as bicycling, hiking, picnicking, athletic games and related activities, but within which equestrian activities are prohibited. A park and recreation tract may have constructed thereon structures associated with such recreational uses. In addition, Tract K, according to the Amended Final Plat of said tract, may be used for the construction of and uses associated with a Community Center building. The Community Center building 4 ~ ~ will be used as a place to conduct meetings, private and public functions, special events, assemblies, dances, weddings, and other related activities. In general, this building will be used as a gathering place for Berry Creek Ranch residents and the local community. O. "Single Unit Residential Lot" shall mean a lot which can be used solely for residential purposes and upon which not more than one building containing not more than one dwelling unit, together with not more than one attached garage, may be constructed. P. "Site Coverage" shall mean that Part of the site covered by buildings only, including garage. It does not include such items as decks, terraces, roof overhangs, driveways, walks, or other impervious materials. Q. "Subdivision" shall mean the lands included within Berry Creek Ranch Filing No.l, No.2, No.3, No. 4. IV. USE REGULATIONS All lots within the subdivision fall within one (1) of the following land use categories: Single Unit Residential lot Uses by Right: Single Unit Residential with Garages Landscaping Tract Park and Recreation Tract Dome Occupation Land Use by Lot #: Filing 1: Lots 51-96, inclusive Filing 2: Lots 1-17, incl., Block 1 Lots 1-16, incl., Block 2 Lots 27-36, incl., Block 2 Lots 29-47, incl., Block 4 Lots 1-5, incl., Block 5 Lots 20-31, jnel., Block 5 Lots 37-48, incl., Block 6 Filing 4: Lots 1-48, incl., Block 4 Dunleg Unit Residential Lot Uses by Right: Duplex-Unit Residential with Garages All Uses Permitted under Single Family Residential Land Use by lot #: Filing 1: Lots 1 - 50, incl. Fd~g 2: Lots 18-26, incl., Block 1 Lots 17-26, incl., Block 2 Lots 1-28, incl., Block 3 Lots 1-4, incl., Block 4 Lots 8-28, incl., Block 4 Lots 48-49, incl., Block 4 Lots 6-19, incl., Block 5 Lots 1-36, incl., Block 6 Filing 3: Lots 1-30, incl., Block 1 Lots 1-58, incl., Block 2 Lots 1-21, incl., Block 3 Filing 4: Lots 2-54, incl., Block 1 Lots 1-57, incl., Block 2 Lots 1-49, incl., Block 3 Lots 1-57, incl., Block 4 Multiale Unit Residential Lot: Uses by Right: Land Use by Lot #: Clubhouse Tract• Multiple Unit Residential All Uses Permitted under Duplex Unit Residential Filing 1: Filing 2: Filing 3: Filing 4: Filing 2: Park and Recreation Tracts: Filing 1: Lot 97 Lot 29 and 30, Block 3 Lot 49, Block 6 Lot 22, Block 3 Lot 1, Block 1 Tract H Tracts A, C, 0, E, F and H 6 C~ Filing 2: Tracts K, L, N, 0 and P Filing 3: Tract G Filing 4: Tracts H and I Landscaaing Tract: Filing 1: Tracts Band G Fig 2: Tracts I, J and M Filing 3: Tracts A, C, 0, E, F and I Filing 4: Tracts D, E, F, G, J, M, O and P Golf Course Tract: Filing 2: Tracts A, B, C, 0, E, F and G Filing 3: Tracts Band H Filing 4: Tracts A, B, C, K, Land N V. SITE DEVELOPMENT STANDARDS: Ma~mum Lot Coverage; Single Unit Residential Lot: 25% Duplex Unit Residential Lot: 25% Multiple Unit Residential Lot: 25% Total Habitable Areas Single Unit Residential Lot: 25% Duplex Unit Residential Lot: 25% Multiple Unit Residential Lot: 40% Building Height No structure located on a Single Unit, Duplex or Multiple Family Residential Lot shall exceed, at any point on the structure, thirty five feet (35') or three (3) stories, whichever is less. Building height shall be measured vertically from any point on existing or finished grade, (whichever is more restrictive), to the top of the building's roof structure directly above that point. Setbacks all Structures. all Use Tvaes: No part of the building may go into the setbacks. This includes roof overhangs, constructed site work, decks and terraces. 7 Front or any frontage on a Road Right of Way: Side Setback: Rear Setback: parkin i 25 feet (25')from property line or 12 feet 6 inches (12.5') from the Road Maintenance Easement 12 feet. six inches (12.5') from property line 15 feet (15') from property line Off-street vehicle pazking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. Required vehicle parking in the subdivision may be wholly on grade, partly below grade, or within an underground. parking structure. All driveways and parking azea on grade in the subdivision shall be paved. All required vehicle pazking in the subdivision shall be paved. Simon Regulations This section shall apply to the construction and maintenance of signs within the development of Berry Creek. All non-exempt signs shall be submitted to ~e B~ n for Informatioenal signs and Boazd for review and approval. In addrtxon, owed b the Board of County Entry Monument signs, as described herein, must be appr y Generall Commissioners after recommendation from Eagle County Engineering. Y~ signs maybe located on adjacent public or private property where approval has been given or in the Eagle County right-of-way subject to Eagle County's approval. pursuant to Eagle County Land Use Regulations, a sign permit from Eagle County shall be required for the construction and/or installation of all non-exempt signs within the Berry Creek Ranch Subdivision. All signs shall comply with the provisions of Section 4-300 of the Eagle County Land Use Regulations, except as specified herein. a. Monument Suns Monument signs naming the developmendsubdivision shall be used at the entrance(s) to Berry Creek. 8 Materials: Acceptable materials for a monument sign shall be: Stone/Rock Heavy Timber Stucco Concrete Dimensions: The maximum allowable dimensions for a monument sign shall be: Horizontal - 12' Vertical - 8' above existing grade or finished grade, whichever is more restrictive. Depth - 2'. Base may be up to 5' wide. Landscaping: The surrounding landscaping should be coordinated with the monument sign. The landscaping should compliment and not obstruct the sign. The landscaping cannot obstruct the sight distances of the adjacentlintersecting roads. Lighting: Lighting for the sign shall be installed to minimi~.e light pollution, direct up-lighting is not allowed. Lighting that is aimed at the sign and has a maximum up-angle of 45 degrees is allowed. Maintenance: Signs sha11 be maintained to be safe to the public and neat in appearance. The signs will be maintained by the Berry Creek Homeowners Association. b. Information Suns Information signs shall be used at the entrance(s) to Berry Creek and common area locations}. The information provided on these signs can be but not limited to: Area Map with street names Community Bulletin Board: Allowable information can be displayed but not limited to: Garage sales, Other sale information (autos, furniture,. patio equipment, etc...), Group gatherings, Singletree events, etc... Maximum size display - 8.5"x11" Display time -Two weeks Singletree Amenities Contacts: Allowable information can be displayed but not limited to: Phone numbers and/or addresses to; Golf Course(s), Golf Shop(s), Restaurant(s), Berry Creek Metro District, etc... Advertisements: With the exception of the amenities contacts and community bulletin board (see above), no other form of commerciaUpersonal advertising will be allowed. 9 • Materials: Acceptable materials for an information sign shall be: Stone/Rock Heavy Timber Stucco Concrete Dimensions: The maximum allowable dimensions for an information sign shall be: Horizontal - 25' Vertical -14' above existing grade or final grade, whichever is more restrictive. Depth _ 8' This includes structural bases and overhangs measured perpendicular to the sign face. A multiple panel sign (a maximum of 4 panels) may be allowed. Map square feet shall be a maximum of 34 square feet while all other portions of the sign shall be a maximum of 24 square feet per panel. Landscaping: The surrounding landscaping should be coordinated with the information sign. The landscaping should compliment and not obstruct the sign. The landscaping cannot obstruct the sight distances of the adjacentlintersecting roads. Lighting: Lighting for the sign shall be installed to minimize light Pollution, direct up-lighting is not allowed. Lighting that is aimed ax the sign and has a maximum up-angle of 45 degrees is allowed. Maintenance: Signs shall be maintained to be safe to the public and neat in appearance. The signs will be maintained by the Berry Creek Homeowners Association. Soils: Applicants requesting approval of building plans must provide a site specific soils-- geologic report prepazed by an engineer licensed in the State of Colorado. Said soils report must accompany Plans submitted to the Eagle County Building Department. Special Review Permit: Prior to commencement of construction of improvements on lots with a slope of 30% or more as hereinafter enumerated, the owner must apply for and obtain a Special Review Permit from the Chief Building Official, acting on behalf of the Board of County Commissioners for Eagle County, Colorado. Prior to granting said permit, the Chief Building Official wilt take into consideration the applicants satisfactory solution to conditions of driveway and parking access, existing ,slope stability, drainage, elevations 10 and snow removal. The maximum permissible driveway grade is 10%. Appeal of the decisions of the Chief Building Official will be made to the Eagle County Board of Building Appeals. Sites which are subject to the Special Review permit are as follows: Berry Creek Ranch Filing No.4: Lots 7,8,9,10,12 and 15, Block 1 Lots 5,6,8.9 and 22, Block 2 Lots 18,19,20,22,24,25,37 and 42. Block 3 Lot 28, Block 4 Lots 19, 20 and 40, Block 5 Aparoval of Construction Plans No building or other structure shall be constructed, erected or maintained on any jot nor shall any addition thereto or alteration or change therein be made until complete plans and specifications are submitted to Eagle County and a building permit issued in accordance with the Eagle County Building Resolution, as amended. Buyers or owners of lots in Berry Creek Ranch Filings Nos. 1,2.3, and 4, should be aware that requirements more restrictive than those contained in this PUD Guide may be imposed by the Singletree Property Owners Association, as a result of the adminishation of the "Amended and Restated Declaration of Covenants, Conditions and Restrictions of Berry Creek Ranch Filings Nos. 1,2,3, and 4," and the "Singletree Design Guidelines" that are recorded separately. The "Amended and Restated Declaration of Covenants, Conditions and Restrictions of Berry Creek Ranch Filings Nos. 1,2.3, and 4," includes a requirement for Design Review Committee approval and a certificate of Design Review Committee approval shall be requested by the County as part of the County building permit review process. The "Amended and Restated Declaration of Covenants, Conditions and Restrictions of Berry Creek Ranch Filings .Nos. 1,2,3, and 4", includes a requirement for Design Review Committee approval and as part of the Eagle County building permit review process, a certificate of Design Review Committee approval shall be requested by the County for all new construction, and additions or alterations that increase tlae habitable area or alter the exterior of any stnicture. VI. GENERAL PROVISIONS Section 1. Enforcement. The Board of County Commissioners of Eagle County, Colorado or any owner of property or lot in the subdivision, shall have the right to enforce, by any proceeding at law or in equity, all restrictions and provisions of this PUD Guide. Failure by the Board of County Commissioners of Eagle County, Colorado or by any owner to enforce ~theestri~ to do so therseafter.~The Amended andlRestated event be deemed a waaver o gh 11 ~ ~ Declazation of Covenants, Conditions and Restrictions of Berry Creek Ranch Filings Nos. 1, 2, 3 and 4 under separate cove, shall be enforced by others and as identified in that document. Section 2. Severability, Invalida~on of any of these restrictions by judgement or court order shall in no way affect or limit any other provisions which shall remain in full force and effect. Section 3. Amendment, This guide may be amended or revoked by the Boazd of County Commissioners of Eagle County Colorado, through the amendment process as set forth in the Eagle County Land Use Regulations, Section 2.06.13. Such amendment or revocation shall be affective when duly recorded, provided, however than any amendment or revocation must comply with the statutes of Colorado and the resolutions and ordinances of the County of Eagle, Colorado. APPROVED this ~ day of 2003. BOARD OF CO COMMISSIONERS BY: Chairperson The forgoing ' , trament w acknowl ged before me this day of 2003. by of the Board of County Commissioners of Eagle C nasty, Colorado. o~ ~j~~'sg~ e ~ ~ s ~* .,_ ~ ..o LERK TO THE K213AmendedPUD102203 12