HomeMy WebLinkAboutR99-007 Donlon Ranch amended PUDe x Commissioner moved adoption
of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 91' ()Z
APPROVAL OF AMENDMENT OF
DONLON RANCH PLANNED UNIT DEVELOPMENT
FILE NO. PDA -00017
WHEREAS, on or about SEPTEMBER 1 1998 , the County of Eagle, State
of Colorado, accepted for filing an application submitted by
John Dorn & William Donlon (hereinafter "Applicant ") for amendment of
the Donlon Ranch Planned Unit Development, south of Edwards , Colorado
(hereinafter the "PUD "), File No. PDA -00017 ; and
WHEREAS, the Applicant requested the amendment of the PUD for the
purposes of revision of the PUD Guide addition of two 2 accessor
dwelling units and amendment of Parcel A building envelope ;
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 meeting held November 18 1998 , the Planning
Commission, based upon its findings, recommended approval of the proposed
PUD Amendment; and ff
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Commissioner XeC� moved adoption
of the following Resolution:
RESOLUTION'
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 9 _2_ - ()�Z_
APPROVAL OF AMENDMENT OF
DONLON RANCH PLANNED UNIT DEVELOPMENT
FILE NO. PDA -00017
WHEREAS, on or about SEPTEMBER 1. 1998 , the County of Eagle, State
of Colorado, accepted for filing an application submitted by
John Dorn & William Donlon (hereinafter "Applicant ") for amendment of
the Donlon Ranch Planned Unit Development, south of Edwards , Colorado
(hereinafter the "PUD "), File No. PDA -00017 ; and
WHEREAS, the Applicant requested the amendment of the PUD for the
purposes of revision of the PUD Guide, addition of two (2) accessory
dwelling units, and amendment of Parcel A building envelope ;
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 meeting held November 18. 1998 , the Planning
Commission, based upon its findings, recommended approval of the proposed
PUD Amendment; and
WHEREAS, at its public meeting hearing of December 14. 1998 , the
Board considered the PUD Amendment application, associated plans and the
statements and concerns of the Applicant and the Eagle County staff.
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 finds as
follows:
Pursuant to Section 2.06.13(11) of the Eagle County Land Use
Regulations:
1. The proposed amendment to the Donlon Ranch Planned Unit
Development is consistent with the efficient development and
preservation of the entire PUD.
2. The proposed amendment does not affect in a substantially
adverse manner either the enjoyment of the land abutting upon
or across the street from the PUD or the public interest.
3. The proposed amendment shall not solely confer a special
benefit upon any person.
And, pursuant to Section 2.14.04 of the Eagle County Land Use
Regulations:
4. The proposed change in land use designation from
Two (2) primary dwellincr units to two (2) primary dwelling
units and two (2) accessory units is necessary because the
area for proposed designation is changing to such a degree that
it is in the public interest to encourage a new use or density.
5. A change in land use designation to - add two (2) accessory
dwelling units is consistent with the Master Plan and the area
possesses the geological, physical, and other environmental
conditions compatible with the characteristics of the use
requested.
6. The advantages of the proposed change in land use designation
outweigh the disadvantages.
7. The affected land has access and can be serviced with water and
sewage disposal systems appropriate for the land use
designation being sought has been provided.
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j
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by John Dorn & William Donlon for
amendment of the Donlon Ranch Planned Unit Development be and is hereby
granted subject to the following conditions:
1. All fees as required by the Eagle County Land Use Regulations
for cash -in -lieu of school land dedication shall be paid not
later than the time of the signing of the amended final plat.
2. Prior to the issuance of a building permit for Parcel A, an
Amended Final Plat must have been approved and recorded with
Eagle County which shall establish building envelope boundaries
in conformance with this amendment.
3. Prior to the commencement of
shall submit to Eagle County
State, and Local permits and
activity, including, but not
well and water permits, sept
building permits.
any applicable activity, Applicant
proof of such applicable Federal,
plans as are required for such
limited to, USACE 404 permits,
c permits, and grading and
4. Except as otherwise expressly modified by this Permit, all
material representations of the Applicant in this application
and public meeting shall be adhered to and considered
conditions of approval unless otherwise amended by other
conditions.
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 meeting held the
11th day of January , 19 nunc pro tunc to the 14th day of
December 1998.
3
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c_J
Clerk of the Board of
County Commissioners
BY:
COUNTY OF EAGLE, STATE OF COLORADO, By
and Through Its BOARD OF COUNTY
COMMISSIONERS
s E. John, J /f �JC s ommissioner
ohnnette Phillips, ComrA ssioner
BY:
Georg A. Gates, Chairman
Commissioner A P4 seconded adoption of the
foregoing Resolution. The roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr. LLa®
Commissioner Johnnette Phillips a L
Commissioner George A. Gates
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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PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
DONLON RANCH
1. Intent:
The purpose of this PUD is to maintain the scenic mountain character of the area and to
protect natural resources and agricultural uses, while allowing for compatible low-density
residential development. The building sites shall be located to integrate the proposed
structures with the natural setting and to minimize obstruction of views from adjacent
properties. The proposed PUD zoning is intended to remain consistent with the residential
and agricultural uses of adjacent properties and to allow Parcels A and B to develop
independent of each other.
2. Purpose of the PUD Control Document:
This PUD Control Document replaces the PUD Control Document, recorded at Book 564,
Page 470, with more site - specific restrictions to accommodate the proposed development.
Authority for adoption of this PUD Control Document is found within Section 2.06.13 of the
Eagle County Land Use Regulations, as amended.
3. Enforcement:
The Eagle County Board of County Commissioners or any Owner shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens
and charges now or hereafter imposed by the provisions of these Guidelines. Failure by the
Board of County Commissioners of Eagle County, Colorado or by an Owner to enforce any
restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
4. Conflict:
The specific provisions of this PUD Control Document shall prevail and govern the use of
lands within this PUD. Where the provisions of the PUD Control Document Guide do not
specifically address a subject, the provisions of the Eagle County Land Use Regulations shall
prevail. In cases of dispute or ambiguity, the Board of County Commissioners shall serve as
the appeal body for interpretations made by the Zoning Administrator.
5. Uses By Right:
• One single - family primary dwelling unit per parcel.
• Agricultural, including farm, ranch, garden, greenhouse, nursery, orchard, and wood lot.
• Sales of raw agricultural products.
• Customary accessory uses including buildings for the shelter or enclosure of animals, or
property primarily employed in any of the above uses. For example, the following types of
accessory buildings are allowed: garages, bams, storage sheds, workshops and a pool
house.
• Livestock grazing shall be limited to four horses or equal on each parcel and will be confined
to fenced corrals not exceeding 25,000 square feet. Livestock grazing shall not encroach into
the Lake Creek setback.
• Water diversion structures, ponds, ditches or other water features.
• Greenbelt, parks and open space.
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
DONLON RANCH
6. Limited Review Use:
A. Accessory Dwelling Unit Standards: One accessory dwelling unit shall be allowed per
parcel upon submission and approval of the following information:
• Size: The accessory dwelling units shall not exceed twelve hundred (1,200) square feet
of floor area.
• Location: The accessory dwelling unit may be located within or attached to the structure
containing the primary dwelling unit or it may be detached from the structure if it is
located within or above an accessory structure, such as the garage or bam. On Parcel A,
the accessory dwelling unit shall not be located within the pool house.
• Parking: There shall be at least two (2) additional on -site parking spaces for the
accessory dwelling unit.
• Ownership: The accessory dwelling unit shall not be condominiumized or sold separately
from the primary dwelling unit on the parcel.
• Water supply: Proof of a legal water supply shall be submitted.
• Payment of the cash in lieu of school land dedication fee for the accessory dwelling
unit(s).
B. Review Procedure: A Limited Review Use application containing evidence of
compliance with the above required standards and associated application fee shall be
submitted to the Community Development Department. The Director of Community
Development shall verify that development of the use complies with all of the above listed
standards and requirements. Upon finding compliance with the standards and
requirements, a building permit shall be issued. A denial of such application may be
appealed by the applicant to the Board of County Commissioners for a final
determination.
7. Building and Lot Standards:
® Parking: There shall be at least three parking spaces for each primary dwelling and at least
one of the parking spaces shall be located within a garage.
Maximum Building Height: No building or structure shall be erected or maintained that is in
excess of thirty -five (35) feet in height. The pool house shall not be in excess of twenty (20)
feet in height. Building height shall be the vertical distance measured from the finished grade
at any given point to the top of a flat or mansard roof or to the midpoint between the eave line
and the peak of a gable, gamble, hip, shed or similarly pitched roof, and measured to the
peak of roofs that exceed a slope of 12:12. Chimneys shall be excluded in determining
building height of a structure.
® Building Envelope: The building envelope is that portion of the parcel designated on the
Overall Development Plan and the Amended Final Plat, within which all buildings and
structures must be located. Building envelopes shall be located to assure appropriate
placement of improvements and to minimize impact on the existing landscape.
Building Envelope Amendment:
An amendment to the "approved building envelope" as shown on the recorded final plat may
be accomplished by either of the following procedures:
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
DONLON RANCH
A. Administrative Procedure: The owner shall submit to the Eagle County Director of
Community Development (i) an Amended Plat prepared by a licensed surveyor pursuant to
Eagle County Land Use Regulations showing both the old and the new building envelope and
(ii) the applicable Eagle County application fees; and (iii) the names, mailing addresses and
written approval to amend the Building Envelope from all owners of any property abutting,
directly across the street from or within 75 feet of the property for which the Building
Envelope Amendment is requested.
If the foregoing requirements are met, the Eagle County Director of Community Development
will submit the Amended Plat to the Eagle County Commissioners for approval.
B. Public Meeting: The owner shall submit to the Eagle County Director of Community
Development (i) an Amended Plat prepared by a licensed surveyor pursuant to Eagle County
Land Use Regulations showing both the old and the new Building Envelope and (ii) the
applicable Eagle County application fees. A public meeting of the Eagle County
Commissioners shall be held, notice of which has been sent by first class mail at least 30
days prior to the Eagle County Commissioners meeting to owners of property which has a
boundary line abutting, directly across the Building Envelope amendment is requested. Such
notice shall state the general nature of the public hearing and the date of the Eagle County
Commissioners hearing.
The Building Envelope Amendment will be approved by the Eagle County Commissioners if
the Eagle County Commissioners find that the Building Envelope Amendment (b) does not
substantially impact in an adverse manner the view corridor of any property owner to whom
notice of the proposed Building Envelope Amendment has been sent or (ii) is required by
geologic or other hazard considerations.
8. Architectural and Design Standards:
• During construction, all reasonable efforts shall be taken to preserve and enhance the
existing natural features, such as trees, ground cover and open space.
• All structures shall be constructed of materials that are consistent and compatible with the
natural setting.
• Primary building materials shall be neutral and non - reflective.
• Landscape materials should be primarily those that are indigenous to or existing in the area.
Prior to the issuance of a building permit for the pool house, a detailed landscape plan
prepared by a qualified person shall be submitted with the site plan for review and approval
as part of the building permit application.
• Light poles shall be limited to twenty (20) feet in height and shall not cause glare or trespass
onto adjacent properties.
• All exterior lighting shall be downcast and the type that shields direct view of the light bulb.
• Direct lighting necessary for agricultural purposes may be used as long as the light from the
source is contained within the property and does not cast glare upon neighboring properties.
• Seasonal lighting for holidays shall be allowed to use bare, low watt bulbs.
• All trash containers, storage tanks, and equipment storage shall be adequately screened by
planting or construction to conceal the same from West Lake Creek Road, Casteel Creek
Road and adjacent properties.
9. Private Open Space:
• All areas outside the platted building envelopes is private open space.
• The following uses by right shall be allowed within the open space:
• Agricultural, including farm, ranch, garden, greenhouse, nursery, orchard, and wood lot.
• Sales of raw agricultural products.
• Livestock grazing, as further restricted under uses by right.
S
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
DONLON RANCH
Water diversion structures, ponds, irrigation ditches or other water features.
Greenbelt, parks and open space.
In addition to the above, construction within open space is limited to the installation and
maintenance of utilities, fences, landscaping, access ways, trails, footpaths, bridges, erosion
protection devices, and outdoor recreation facilities, including but not limited to, pools, picnic
areas, tennis courts, and gazebos.
10. Fire Protection Guidelines:
• Within 30 feet of any structure:
Thin out continuous tree and brush cover and remove debris.
Prune tree branches to a height of 10 feet
• Stack firewood up hill and at least 15 feet from any structure.
• Trim branches over eaves and within 15 feet of a chimney.
• Keep roof and gutters clear of pine needles and leaves.
• Prior to the issuance of a building permit for any structure, the applicant shall provide an out
of district agreement for fire protection.
11. Wildlife Consideration:
Dog Control:
• Dogs must be kept in a kennel or in a fenced area.
• All animals must be maintained so that they do not become a nuisance to the neighborhood
or endanger or harass other animals, including wildlife.
Fencing:
• New or replacement fences shall not exceed 40 inches in height and provide a 12 -inch kick
space between the top two courses of fencing,
• If peripheral fencing of the lot is desired, peripheral fencing shall utilize a three strand barbed
wire fence or similar material, with strands located at 14, 25, and 38 inches.
If wood rail fencing is used it should not exceed 42 inches in height and 12 inches in width
(top view) and an opening in the lower % of at least 16 inches to allow passage of deer fawns
and elk calves.
Homeowners will be permitted privacy fencing (greater than 42 inches in height with no
openings) if they are completely contained within the building envelope.
Bears/Trash Removal:
• Bear proof trash containers are recommended,
• There shall be no outside storage of any trash or garbage, with the exception of bear proof
trash containers and for regular trash pick up service_
• There shall be no dumps or underground disposal of refuse.
• With the exception of bird feeders, the feeding, baiting, salting or other means of attracting
wildlife to individual yards is prohibited.
Recommended Best Management Practices:
• Prior to any disturbance on Parcel B, the building envelope shall be delineated by a sift fence,
The live stream setback shall be defined on the ground by flagging or plastic snow fence to
assure that no disturbance occurs within the live stream setback during construction
activities.
• Small berms, swales, containment structures etc. may be built during construction and post
construction to naturally hold and filter runoff.
