HomeMy WebLinkAboutR99-189 amendment of miller's creek PUDof th6 following Resolution:
moved adoption
RESOLUTION
of the
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 99 - /�`
APPROVAL
OF AMENDMENT OF THE
MILLER'S CREEK on the EAGLE RIVER PLANNED UNIT DEVELOPMENT
WHEREAS, on or about May 7, 1999 the County of Eagle, State
of Colorado, accepted for filing the application submitted by S_
Mac Miller's Creek L.L.C., A Colorado Limited Liability Company
(hereinafter "Applicant ") for for amendment of the Miller's Creek
on the Eagle River Planned Unit Development, Eagle County,
Colorado (hereinafter the "PUD"), File No. PDA- 00022 and
WHEREAS, the Applicant requested the amendment of the PUD
for the purposes of
1. Incorporating Miller's Creek on the Eagle River Phase
into the existing Miller's Creek on the Eagle
River PUD;
2. Increasing the maximum floor area for Residential
Single- Family lots in Filing 1 from 3,000 square
feet to 4,400 square feet per unit on Lots 3, 4,
17, and 18;
3. Establishing setback requirements;
4. Defining permitted uses in specific Open Space parcels
5. Deleting the numbered Planning Areas" in Filing 1 and
replacing them with use designations (e.g.,
"Residential /Cluster Duplex ");
6. Adding, deleting, and /or modifying certain Design
Guidelines and their administration (Section IV);
7. Incorporating the filed Landscape Plan and recorded
Wildlife Mitigation Agreement into the PUD Guide;
8. Making other technical "housekeeping" changes as
necessary, including but not limited to
establishing PUD Amendment procedures and
a )iorizing the splitting of _)plex lots into
inaividual ownerships; 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 hearing held August 18, 1999, the
Planning Commission, based on its findings, recommended approval
of'the proposed Amendment of the Miller's Creek on the Eagle
River Planned Unit Development, with certain conditions; and,
WHEREAS, public hearings were held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on
August 30, 1999, September 13, 1999, and October 25, 1999; and,
WHEREAS, based on the evidence, testimony, exhibits, study
of the Master Plan for the unincorporated areas of Eagle County,
comments of the Eagle County Department of Community Development,
comments of public officials and agencies, the recommendation of
the Planning Commission, and comments from all interested
parties, the Board of County Commissioners of the County of
Eagle, State of Colorado, finds as follows:
1. That proper publication and public notice was provided
as required by law for the hearing before the Planning
Commission and the Board of County Commissioners.
2. That pursuant to Eagle County Land Use Regulations
Section 5- 240.F.3.f.(3) Basis for Granting Variations:
a variation from use or dimensional limitations is
required to create lots less than 35 -acres in the
underlying Resource Zone District and may be granted
when the Board of County Commissioners finds that the
Preliminary Plan for PUD achieves one (1) or more of
the following purposes and that the granting of the
variation is necessary for that purpose to be achieved.
(d) Trails. The proposed
contributions to the
system in accordance
PUD Amendment DOES make
County's multi -use trail
with the recommendations of
2
t latest version of the Ea( County Trails
Plan, and also appropriates forms of access ... to
public lands and to river and creek drainages in
Eagle County.
(f) Public Facilities. The proposed PUD Amendment
DOES develop public facilities, including but not
limited to public transportation facilities,
public recreation facilities and similar
facilities.
3. 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. It IS NOT
represented that title to all land is owned or
controlled by one (1) entity; however that all
affected land owners have given written consent to
this application.
(2) Uses. Uses that may be developed through the
proposed PUD Amendment ARE NOT those uses that are
designated as uses that are allowed, allowed as a
special use or allowed as a limited use in Table
3 -300 or Table 3 -320 for the zone district
designation in effect for the property at the time
of the application for PUD. Variations of these
use designations ARE authorized pursuant to
Section 5- 240.F.3.f, Variations Authorized
(3) Dimensional Limitations. Dimensional limitations
ARE as specified in Table 3 -340, "Schedule of
Dimensional Limitations," for the zone district
designation in effect for the property at the time
of the application for PUD.
(4) Off - Street parking and Loading. The proposed off -
street parking and loading DOES comply with the
standards of Article 4, Division 1, Off- Street
Parking and Loading Standards of the Eagle County
Land Use Regulations.
(5) Landscaping. It HAS been demonstrated that
landscaping to be provided for structures
contemplated by the PUD.Amendment complies with
the standards of Article 4, Division 2,
Landscaping and Illumination Standards Applicant
3
H ;demonstrated that the pr( sed landscaping
provides sufficient buffering of uses from each
other (both within the PUD and between the PUD and
surrounding uses) to minimize noise, glare and
other adverse impacts; creates attractive
streetscapes and parking areas; and is consistent
with the character of the area.
(6) Signs. A comprehensive sign plan for the PUD that
is determined to be suitable for the PUD EXISTS
within the Miller's Creek on the Eagle River PUD
Guide.
(7) Adequate Facilities. The applicant HAS
demonstrated that the development proposed by the
PUD Amendment will be provided with adequate
facilities_for_potable water supply, sewage
disposal, solid waste disposal, electrical supply;
and will be conveniently located in relation to
schools, police and fire protection, and emergency
medical services; the applicant HAS demonstrated
that the development proposed by the PUD Amendment
will be provided with adequate facilities for fire
Protection and roads.
(8) Improvements. The improvement standards
applicable to the development ARE NOT as specified
in Article 4, Division 6, Improvements Standards.
It HAS been demonstrated that the development may
deviate from the County's road standards so the
development achieves greater efficiency of
infrastructure design and installation through
clustered or compact forms of development or
achieves greater sensitivity to environmental
impacts under the following minimum design
principles:
(a) Safe, Efficient Access. It HAS been
demonstrated that there is safe, efficient
access to all areas of the proposed
development.
(b) Internal Pathways. It HAS been demonstrated
that internal pathways form a logical, safe
and convenient system for pedestrian accesses
with appropriate linkages off -site.
(c) Emergency Vehicles It HAS been demonstrated
that the roadways are designed to permit
C!
access by emergency vehi �s to all lots or
units.
(d) Principal Access Points. It HAS NOT been
demonstrated that the principal vehicular
access points are designed to provide for
'smooth traffic flow, minimizing hazards to
- - vehicular, pedestrian or bicycle traffic.
(e) Snow Storage. Adequate areas for snow
storage HAVE been provided on the plans
submitted.
(f) Variance from Improvement Standards Granted.
A Variance from the Improvement Standards set
forth in Article 4, Division 6 was granted on
October 25, 1999 by the Board of Eagle County
Commissioners pursuant to File. No. VIS-
00004
(9) Compatibility With Surrounding Land Uses. The
development proposed for the PUD Amendment IS
compatible with the character of surrounding land
uses.
(10) Consistency with Master Plan. The PUD IS
consistent with the Master Plans, including, but
not limited to, the 1996 Future Land Use Map
(FLUM).
(11) Phasing. A phasing plan for the PUD Amendment HAS
been provided; guarantees SHALL be provided for
public improvements and amenities that are
necessary and desirable for residents of the
project, or that are of benefit to the entire
County. Such public improvements shall be
constructed with the first phase of the project,
or, if this is not possible, then as early in the
project as is reasonable.
(12) Common Recreation and Open Space. The PUD
Amendment DOES comply with the following common
recreation and open space standards: (a) Minimum
Area Recommended "minimum open air recreation or
other usable open space, public or quasi - public
(as defined) is 250; (b) Improvements Reauired
All common open space and recreational facilities
shall be shown on the FINAL PLAT for the PUD
Amendment and shall be constructed and fully
5
i loved according to the de Iopment schedule
established for each development phase of the PUD
Amendment.'(c) Continuing Use and Maintenance Not
applicable: refers only to deed restrictions
and /or deed covenants. (d) Organization Common
open space is proposed to be maintained through an
association or nonprofit corporation, and such
organization shall manage all common open space
and recreational and cultural facilities that are
not dedicated to the public, and shall provide for
the maintenance, administration and operation of
such land and any other land within the PUD not
publicly owned, and secure adequate liability
insurance on the land..
(13) Natural Resources Protection. The PUD Amendment
HAS considered the recommendations made by the
applicable analysis documents, as well as the
recommendation received by responding referral
agencies as specified in Article 4, Division 4,
Natural Resource Protection Standards Wildlife
Protection (Section 4 -410); Development in Areas
Subject to Geologic Hazards (Section 4 -420);
Development in Areas Subject to Wildfire Hazards
(Section 4 -430); Wood Burning Controls (Section 4-
440); Ridgeline Protection (Section 4 -450);
Environmental Impact Report (Section 4 -460).
3: Pursuant to Eagle County Land Use Regulations Section
5- 240.F. 3.m Amendment to Preliminary Plan for PUD
(1) The proposed PUD Amendment IS consistent with
the efficient development and preservation of
the entire Planned Unit Development;
(2) 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; and
(3) 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:
2
THAT, the application submitted by S -Mac Miller's Creek
L.L.C., A Colorado Limited Liability Company for amendment of the
Miller's Creek on the Eagle River Planned Unit Development be and
is hereby granted subject to the following conditions:
1. Planned Unit Development (PUD) Agreement. Pursuant to
Section 5- 240.F.3.h.(1) a PUD Agreement shall be drawn
between the Applicant and Eagle County, and signed by
the Applicant and Board of Eagle County Commissioners
at such time as a Resolution approving this PUD
Amendment shall be signed by the Board.
2. Final Plat Conditions. Prior to the submittal of any
Final Plat for Miller's Creek on the Eagle River,
Filing 2, all conditions of Final Plat approval shall
be met.
3. All Material Representations. Except as otherwise
modified by these conditions of approval, all material
representations of the Applicant in its submittal
package and in public hearing shall be binding.
The Board 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 regular eting
held t 2S'day of October, 1999, nunc pro tunc to the May
of �t�( fW ,L 1 Rq .
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
es E. Johnsop! Jr.,
M
Tom'C. Stone, Commissioner
7
ATTEST.
BY:
BY
Sara J. Fisher
Clerk of the Board of
County Commissioners
B
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
es E. Johnsop! Jr.,
M
Tom'C. Stone, Commissioner
7
of the foregoing Re:
vote was as follows:
seconded adoption
een called, the
Commissioner Johnnette Phillips _mow
Commissioner James E. Johnson, Jr.
Commissioner Tom C. Stone
This Resolution passed by 7�_Q vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
0
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK
ON THE EAGLE RIVER
1. PURPOSE
This Development Guide sets forth the land uses and development standards for Miller's Creek
on the Eagle River, specifically all property defined by the plats for Miller's Creek on the Eagle
River and Miller's Creek on the Eagle River Filing No. 2. This Development Guide defines the
permitted use of land, densities, building height and bulk, and other development standards and
supplemental regulations. The specific provisions of this Development Guide shall supersede
those of the Eagle County Land Use Regulations. Where this Development Guide is silent the
provisions of the Eagle County Land Use Regulations shall govern. This revised and restated
Development Guide amends and restates, in its entirety, and supersedes the previously approved
PUD Guide for Miller's Creek on the Eagle River as recorded in Reception No. 649828 at the
Eagle County Clerk and Recorder
II. DEFINITIONS
1. Building_Heieht
The distance measured vertically, from the finished grade at any given point to the top of a
flat roof, or mansard roof or to the mid -point between the eave line and the peak of a gable,
gambrel, hip, shed or similar roof, and measured to the peak of roofs which exceed a slope
of 12:12.
2. Dwelling, single - family
Dwelling, Single - Family means a building containing only one dwelling unit.
Dwelling, two - family (duplex)
Dwelling, Two Family (duplex) means one structure containing two dwelling units sharing
a common wall(s) which comprise at least 10 percent of the linear measurement around the
perimeter of the structure. Lots on which duplex structures are permitted may be
subdivided into two separate lots in accordance with subdivision procedures of the Eagle
County Land Use Regulations.
4. Dwelling. cluster duplex
Duplex cluster dwelling means one structure containing two dwelling units sharing a
common wall(s) which comprise at least 10 percent of the linear measurement around the
perimeter of the structure. For the purposes of individual ownership, the future subdivision
of cluster duplex units shall be limited to the land directly underneath such units with land
around such units owned in common by a homeowners association.
Floor Area
Floor area shall mean the sum of all horizontal areas of all floors of a building measured
from the outside of exterior walls, including but not limited to lofts, stairways, fireplaces,
halls and habitable attics; and not including basements, garages or other areas designed for
parking or loading within a building.
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER
6. Site Coverage
Site coverage shall mean the portion of a lot or parcel covered by buildings as measured at the
exterior walls of the building at ground level.
III. LAND USE DESIGNATIONS AND DEVELOPMENT STANDARDS
RESIDENTIAL /SINGLE FAMILY
Purpose: The purpose of Residential/Single Family lots is to provide sites
for single - family dwellings and accessory uses customarily
appurtenant to permitted uses.
Applicable Lots or Parcels: Lots 3 -6 and lots 17 -20 of Miller's Creek on the Eagle River
Permitted Uses: Single - family residential dwellings
Parking and access drives
Outdoor or indoor recreation facilities
Trails
Accessory uses typically associated with permitted uses
Special Review Uses: Home occupations
Maximum Density: 1 single - family dwelling unit per lot
Maximum Floor Area: 3,000 square feet per unit on lots 5, 6, 19 and 20 of Miller's Creek
on the Eagle River
4,400 square feet per unit on lots 3, 4, 17 and 18 of Miller's Creek
on the Eagle River
Maximum Building Height: 30 feet
Maximum Site Coverage: 60%
Setbacks: There shall be no required building setbacks unless otherwise
indicated on a final plat. Any building setback line indicated on a
final plat for shall apply to buildings only, outdoor living spaces
such as porches, decks and patios may be constructed within said
building setback line.
Parking Requirements: 3 spaces per unit
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER
A
RESIDENTIAL/DUPLEX
Purpose: _ _ The purpose of Residential/Duplex lots is to provide sites for two -
family dwellings and accessory uses customarily appurtenant to
permitted uses.
Applicable Lots or Parcels: Lots 1, 2, 7 -16 and 21 -23 of Miller's Creek on the Eagle River
Lots 1 and 2 of Miller's Creek on the Eagle River Filing No. 2
Permitted Uses: Duplex residential dwellings
Single - family dwellings
Parking and access drives
Outdoor or indoor recreation facilities
Trails
Accessory uses typically associated with permitted uses
Interim Uses: At the time of the recording of this PUD Guide, an existing single -
family residence is located on Miller's Creek Filing No. 2. This
residence is permitted to remain as an interim use until such time
that a building permit is issued for residential units on Lots 1 or 2
of Miller's Creek Filing No. 2.
Special Review Uses: Home occupations
Maximum Density: 2 dwelling units per lot
Maximum Floor Area: 3,300 square feet per dwelling unit
Maximum Building Height: 35 feet
Maximum Site Coverage: 70%
Setbacks: There shall be no required building setbacks unless otherwise
indicated on a final plat. Any building setback line indicated on a
final plat shall apply to buildings only, outdoor living spaces such
as porches, decks and patios may be constructed within said
building setback line.
Parking Requirements: 3 spaces per unit
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER
RESIDENTIAL /CLUSTER DUPLEX
Purpose: The purpose of Residential/Cluster Duplex lots is to provide sites
for two - family cluster dwellings and accessory uses customarily
appurtenant to permitted uses. The future subdivision of cluster
duplex units shall be limited to the land directly underneath such
units with land around such units owned in common by a
homeowners association.
Applicable Lots or Parcels: Parcel A of Miller's Creek on the Eagle River
Permitted Uses: Cluster duplex residential dwellings
Parking and access drives
Landscape and water features
Special Review Uses:
Maximum Density:
Maximum Floor Area:
Trails
Accessory uses typically associated with permitted uses
Home occupations
12 units
24,000 square feet
Maximum Building Height: 30 feet
Maximum Site Coverage: 25%
Setbacks: There shall be no required building setbacks unless otherwise
indicated on a final plat. Any building setback line indicated on a
final plat shall apply to buildings only, outdoor living spaces such
as porches, decks and patios may be constructed within said
building setback line.
Parking Requirements: 3 spaces per unit
OPEN SPACE
Purpose: The purpose of open space parcels is to provide sites that will be
maintained predominantly in their natural condition and to provide
sites for limited passive recreation use and other uses. Open space
parcels shall be maintained by the Miller's Creek on the Eagle
River Homeowners Association.
Applicable Lots or Parcels: Parcels B, C, D and E of Miller's Creek on the Eagle River
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER
Permitted Uses:
Creek. .
Fishing, including public fishing that may be located within the 15'
Fishing Access Easement as depicted on the plats for Miller's
Creek.
Landscape and water features
Drainage improvements
Parks and utility improvements provided such improvements are
located outside of the 100 -year floodplain as indicated on the final
plat.
Parcels C, D and E of Miller's Creek on the Eagle River and
Parcels B and C of Miller's Creek on the Eagle River Filing No. 2:
Driveway access
Trails and benches
Landscaping, project signs
Parking
Drainage and utility improvements
Special Review Uses: Not applicable
Maximum Density: Not applicable
Maximum Floor Area: Not applicable
Maximum Building Height: Not applicable
Maximum Site Coverage:
Parking Requirements:
ROADWAY EASEMENT
Not applicable
Not applicable
Purpose: The purpose of roadway easement parcels is to provide access
easements for roads, drainage improvements and utility facilities
necessary to serve the project.
Applicable Lots or Parcels: Parcel F of Miller's Creek on the Eagle River
Parcels A, B and C of Miller's Creek on the Eagle River Filing
No. 2
Parcel B of Miller's Creek on the Eagle River and Parcel A of
Miller's Creek on the Eagle River Filing No. 2:
Trails, including public trails that may be located within the 20'
Recreation Trail Easement as depicted on the plats for Miller's
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER
Parcel D of Miller's Creek on the Eagle River Filing No. 2
Permitted Uses: Roads
_ Driveways
Trails
Landscape and water features
Project signs
Utility and drainage facilities
Parking on driveways associated with individual dwelling units
Accessory uses typically associated with permitted' uses
Special Review Uses: Not applicable
Maximum Density: Not applicable
Maximum Floor Area: Not applicable
Maximum Building Height: Not applicable
Maximum Site Coverage: Not applicable
Parking Requirements: Not applicable
Purpose: The purpose of parking parcels is to provide sites for surface
parking to be utilized by owners of adjacent off -site residential
properties.
Applicable Lots or Parcels: Parcel E of Miller's Creek on the Eagle River Filing No. 2
Permitted Uses: Up to twelve (12).surface parking spaces
Landscaping
Utility and drainage facilities
Special Review Uses: Not applicable
Maximum Density: Not applicable
Maximum Floor Area: Not applicable
Maximum Building Height: Not applicable
Maximum Impervious Surface: . 70%
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER 6
Parking Requirements: The design and dimensional requirements for parking spaces on
Parcel E shall conform to applicable provisions of Section 4 of the
Eagle County Land Use Regulations.
IV. DESIGN GUIDELINES
One of the underlying goals of Miller's Creek on the Eagle River is to create a small, unified
community of homes and as such the architectural style, building materials and building colors
will be consistent throughout the entire Project. Buildings will be low -scale consisting of
predominantly two -story building mass. Building forms will have sloping roofs and exterior
materials will include combinations of stone, stucco and siding. Development and all
improvements within Miller's Creek will be controlled by design guidelines to be adopted by the
Miller's Creek Design Review Board (the Board). The Board and the design guidelines will be
implemented in accordance with the Miller's Creek Declaration of Protective Covenants.
Fences
No perimeter lot fences or front yard fences shall be permitted. Acceptable forms of fences
are limited to privacy fences around decks or patios. Privacy fences shall not exceed four
(4) feet in height and the color and the material of such fencing shall match the adjacent
building. At the discretion of the Miller's Creek Design Review Board, fences up to six (6)
feet may be approved. Dog runs shall not be permitted.
2. Signs
No signs shall be permitted on individual lots with the exception of street number signs or
homeowner name signs. Such signs shall not exceed one (1) square feet in size, shall be
attached to the residence and shall require approval by the Miller's Creek Design Review
Board. One project identification sign not to exceed 32 square feet shall be permitted at
the entry to the western end of the Project and one project identification sign not to exceed
20 square feet shall be permitted at the intersection of US Hwy. 6 and the Reserve Road
access. Each project identification sign shall be a free standing sign. Subject to approval
by the Reserve Condominiums, a vehicular directional sign shall be permitted to direct
access to the Reserve and Miller's Creek.
Liehtine
All exterior lighting shall require approval from the Miller's Creek Design Review Board.
Exterior lighting shall be kept to the minimum necessary in order to provide safe
conditions at building entries, driveways, roadways and trails. No direct light source shall
be visible from adjoining properties. The use of recessed, indirect or horizontal cut -off
fixtures are recommended.
4. Exterior Modifications to Existine Buildings
Exterior modifications to existing buildings may be approved by the Miller's Creek Design
Review Board provided such modifications are compatible with the overall design
character of the Project and are in compliance with this PUD Guide and covenants,
conditions and restrictions established for Miller's Creek.
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER 7
5. Landscanin
Landscaping within the Project shall be designed to include the following major elements:
Restoration/revegetation of all areas disturbed during construction;
Preservation of natural vegetation within the defined banks of the Eagle River;
The development of formal landscaping (lawn, trees, shrubs and irrigation) along entry
roads to the Project, at unit entries and to buffer buildings; and
The introduction of native grasses around the perimeter of the Project in order to
transition from formal landscape areas to surrounding natural vegetation.
The following minimum landscape standards shall apply for each building constructed at
Miller's Creek:
1) Four (4) Spruce trees Minimum size - 6' -8'
2) Six (6) Deciduous trees Minimum size - 2" caliper
3) Six (6) Shrubs Minimum size - 5 gallon
A Landscape Plan for Miller's Creek has been prepared and is on file with the Eagle
County Department of Community Development. This plan provides an overall concept of
landscape improvements for the project. Site specific landscape plans will be prepared for
each home at Miller's Creek and such plans will conform with the overall concept depicted
by the Landscape Plan for Miller's Creek. In order to ensure compliance with the
Landscape Plan for Miller's Creek, site specific landscape plans will be submitted as an
element of building permit applications for each home at Miller's Creek. All landscape
work done at Miller's Creek requires review and approval of the Miller's Creek Design
Review Board.
V. WILDLIFE
A Wildlife Mitigation Agreement for the Miller's Creek PUD has been established. This
agreement has been made between the Colorado Division of Wildlife and Miller's Creek. This
agreement provides wildlife related analysis of the PUD and establishes wildlife mitigation
standards for the PUD which include the riparian ecosystem, dog and pet control, bears /garbage
disposal, landscaping, and education. In accordance with this agreement, all homeowners will be
provided a copy of the agreement. Provisions of the agreement shall be enforced by the Miller's
Creek Homeowners Association. Eagle County and the Colorado Division of Wildlife may also
enforce the provisions of this agreement. This agreement is recorded with the Eagle County
Clerk and Recorders Office at Reception No. 665177.
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER
VI. MODIFICATION
No modification, removal or release of the provisions of this PUD Guide shall be permitted
except upon a finding by the County following a Public Hearing called and held in accordance
with the provisions of 1973 C.R.S., Section 24- 67- 104(1)(E), as amended, or as otherwise
stipulated by the Eagle County Land Use Regulations, that the modification, removal or release
is consistent with the efficient development and preservation of the entire PUD, does not affect
in a substantially adverse manner either the enjoyment of land abutting upon or across the street
from the PUD, or the public'interest, and is not granted.solely to confer a special benefit upon
any person. All owners of real property within the PUD and adjoining land owners shall be
given written notice delivered or mailed first class, postage prepaid in accordance with the
current public notice procedures as outlined in the Eagle County Land Use Regulations.
The procedures for the review of a PUD Preliminary Plan as outlined in the Eagle County Land
Use Regulations shall be followed in considering an amendment to this PUD Guide.
The provisions of this section shall pertain to amendments to this PUD Guide only.
Amendments to a final plat shall adhere to the provisions of the Eagle County Land Use
Regulations pertaining to amended final plats.
REVISED AND RESTATED PUD DEVELOPMENT GUIDE FOR MILLER'S CREEK ON THE EAGLE RIVER
