HomeMy WebLinkAboutR04-004 McCoy Springs at Arrowhead PUD Zone Change
Commissioner _ ~~/~`7_~ ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2004 - ~
APPROVAL OF THE ZONE CHANGE AND THE
PLANNED UNIT DEVELOPMENT COMBINED SKETCH /PRELIMINARY PLAN
FOR THE MCCOY SPRINGS AT ARROWHEAD PLANNED UNIT DEVELOPMENT
FILE NOS. ZC-00063 and PDSP-00018 '
WHEREAS, on or about February 25, 2003, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Warner Developments, Inc., (hereinafter
"Applicant") to re-zone the herein described property in Eagle County from the Resource [R]
Zone District to the Planned Unit Development [PUD] Zone District pez File No. ZC-00063, and
for approval of the Planned Unit Development Combined Sketch/Preliminary Plan for the
McCoy Springs at Arrowhead Planned Unit Development, File No. PDSP-00018; and,.
WHEREAS, the Applicant requested the approval of a Planned Unit Development
(PUD) Combined Sketch/Preliminary Plan which would allow for the development as follows:
A residential development on a 41 acre parcel, which includes eight single-family homes
west of Cresta Road in two clusters of four homes each, accessed by private cul-de-sac
roads from Cresta Road. In addition, a lot to include a caretaker unit, afree-market
condominium unit, and a common ski storage locker unit (all in a single structure) is
proposed in the area between Cresta Road and McCoy Creek to the east. A skier bridge
and skiway is proposed to cross McCoy Creek near the caretaker unit /condominium unit
/ common ski storage locker structure and provide access to an adjacent skiway.
WHEREAS, notice of the Combined SketchiPreliminary Plan was given to all proper
agencies and departments as required by the Eagle County Land Use Regulations, Section 5-
210.E; and,
WHEREAS, at its public hearings held on August 20, October 1, October 15 and ~ '
November S, 2003, the Eagle County Planning Commission, based upon its' findings, '
' recommended denial of the proposed zone change and the proposed PUD Combined , ''
SketchlPreliminary Plan; and ,
WHEREAS, at its regular hearing of September~2, October 28, and November 18, 2003, '
the Eagle County Board of Commissioners (hereinafter Board ), considered the Combined PUD
SketchlPreliminary Plan; associated plans; and the statements and concerns of the Applicant, the , ,
Eagle County Community Development and Engineering staff, and other interested persons; arid
the recommendation of the Eagle County Planning Commission.
BASED ON THE EVIDENCE BEFORE IT, and with the modifications
imposed by the conditions hereinafter described, THE BOAJtD FINDS AS FOLLOWS:, ~ '
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Pursuant to Eagle ,County Land Use Regulations Section 5-240.F,.3.e. Standards for
the review of a Sketch PUD: ~ ~ ~ ,
1. Unifzed ownership or control.. [Section 5-240.F.3.e, (1)] -The tide to all land that ~ ~'
is part of a PUD is owned or controlled by orie (1) person.
2. Uses. [Section 5-240.F.3.e (2)J -The uses that may be developed 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 Table 3-300, "Residential, Agricultural and Resource
Zone Districts Use Schedule" for the zone district designation in effect for the
property at the time of the application for PUD.
3. Dimensional Limitations. [Section 5-240.P.3.e (3)] -The dimensional
limitations that shall apply to the PUD are not those 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. Further, the Board may
grarit~a variation from these dimensional limitations pursuant to Section 5-240
F.3.f., Variations Authorized. '
4. Off-Street Parking and Loading. [Section 5-240.F.3.e (4)) - It has been
demonstrated that off-street parking and loading provided in the PUD complies
with the standards of Article 4, Division l,Off-Street Parking and Loading
Standards, without a necessity for a reduction in the standards.
5. Landscaping. [Section 5-240.F.3.e (5)) - It has been demonstrated that the
landscaping proposed for the PUD complies with the standards of Article 4,
Division 2, Landscanin~ and Illumination Standards.
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6. Signs. [Section 5-240.F.3.e (6)) -The signs within the PUD will not be as
specified in Article 4, Division 3, Si n Regulations, and may conflict with certain
critical provisions of the Sign Regulations. However, the Comprehensive Sign
Plan is suitable for the PUD.
7. Adequate Facilities. [Section 5-240.F.3.e (7)) -With the recommended
conditions of approval, it has been demonstrated that the development proposed in
the PUD Sketch/Preliminary Plan wilt be provided adequate facilities for potable
wafer supply, sewage disposal, solid waste disposal, electrical supply, fire
'protection and roads and will be conveniently located in relation to schools, police
and fire protection, and emergency medical services.
Improvements. [Section 5-240.F.3.e (8)] -With the recommended condition, it
has been clearly demonstrated that the improvements standards applicable to the
development will be as specified in Article 4, Division 6, Improvements
Standards regarding: (a) safe, efficient access, (b) internal pathways, (c)
emergency vehicles, (d) principal access points, and (e) snow storage.
8. Compatibility With Surrounding Land Uses. (Section 5-240.F.3.e (9)] -The
development proposed for the PUD is compatible with the character of
surrounding land uses.
9~ ~ Consistency with Master Plan. [Section 5-240:F.3.e (10)) -The PUD is
consistent with the Master Plan, and IS consistent with the Future Land Use Map
(F~,UM).
10. Phasing Section 5-240.F.3.e (11) - A phasing plan is not required for this
development.
11. Common Recreation and open Space. [Section 5-240.F.3.e (12)) -The applicant
has demonstrated that the PUD will comply with the common recreation and open
space standards with respect to: (a} minimum area; (b) improvements required; (c)
continuing use and maintenance; or (d) organization.
12. Natural Resource Protection. [Section 5-240.F.3.e (13)] -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 Plan for Subdivision:
14. Consistent with Master Plan. [Section 5-280.B.3.e (1)] -The PUD is consistent
with the Master Plan, and is consistent with the Future Land Use Map (FLUM).
15. Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - It has been , ,
demonstrated that the proposed subdivision complies with all of the standards of '
this Section and all other provisions of tHese Land Use Regulations, including; but ,
not limited to, the applicable standards of Article 3, Zone Districts, and Article 4,
Site Development Standards.
16. Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)) -The proposed
subdivision is located and designed to avoid creating spatial patterns that cause
inefficiencies in the delivery of public services, or'require duplication or
premature extension of public facilities, or result in a "leapfrog" pattern of
development. ~ '
17. Suitability for Development. [Section 5-280.B.3.e (4)] -The properly proposed to
be subdivided is suitable for development, considering its topography,
environmental resources and natural or man-made hazards that may affect the
potential development of the property, and existing and probable future public
improvements to the area.
18. Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] -The proposed
subdivision is compatible with the character of existing land uses in the area and
will not adversely affect the future development of the surrounding area.
Pursuant to~Eagle County Land Use Regulations, Section 5-230.D., Standards for
determining whether to adopt, adopt with modifications, or disapprove the
proposed amendment to the Official Zone District Map:
19. Consistency T~'ith Master Plan. The proposed amendment is consistent with the
purposes, goals, policies and FLUM of the Master Plan.
20. Compatible with surrounding uses. The proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and it is an appropriate zone
district for the land, considering its consistency with the purpose and standards of the
proposed zone district.
21. Changed conditions. There are changed conditions that require an amendment to
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modify the present zone district or its density/intensity.
22. Effect on natural environment. The proposed amendment does not result in
significantly adverse impacts on the natural environment, including but not limited to
water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands.
23. Community need. 'The proposed amendment meets a community need.
24. Development patterns. The proposed amendment does result in a logical and orderly
development pattern, does not constitute spot zoning, and can logically be provided
with necessary public facilities and services.
25. Public interest. The area to which the proposed amendment would apply 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT the Board, having heard evidence and received materials and balanced the
hardships to the applicant of not granting the adverse impacts on the health, safety and welfare of
the pErsons and the land, the certain variances from improvement standards: ~ .
1. Tangent Length, Land Use Regulation 4-620.J.9.c (8)
2. Single Access, Land Use Regulation 4-620.J.1.h.
3. Switchback Radius, Land Use Regulation 4-620.J.1.f.
4. Utility Easement Width, Land Use Regulation 4-670.A.
5. On Site Treatment Detention, Land Use Regulation 4-b50.B.1.b.
as set forth in Exhibit "A", attached hereto, be and are hereby approved.
THAT, the petition of Warner Developments, Inc., File No. ZC-00063, for a Zoning
Amendment to change from the Resource [RJ Zone District to the Planned Unit Development
[PUD] Zone District be and is hereby approved for the following described property located in
the unincorporated area of Eagle County:
The Southwest 1/4 of the Southwest 1/4 of Section 10, Township 5 South, Range 82
West of the Sixth Principal Meridian, County of Eagle, State of Colorado.
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THAT, subject to the conditions set forth below, the application for~the Planned Unit
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Development Combined Sketch /Preliminary Plan for the McCoy Springs at Arrowhead PUD be
and is hereby approved:
1. It shall be demonstrated that the recent delineation of the wetlands along McCoy '
Creek in the vicinity of the caretaker unit /common ski storage and locker facility
/condominium unit structure, as approved by the U.S. Army Corps of Engineers, ,
does not extend any further beyond McCoy Creek in the direction of the proposed '
caretaker unit /common ski storage and locker facility /condominium unit ~~
structure than had been the .case in 1995.
2. Hydraulic and slope stability analysis shall be provided prior to issuing building ~ ~
permits for all structures within the 50 foot setback zone to provide a design basis ' ~ '
for the,engineered mitigation structures that would be necessary to protect homes '
from potential damage .caused by erosion, undercutting and slope failures. '
3. The Applicant shall provide, prior to approval of the initial final plat for the
development, complete engineering and construction drawings which are '
satisfactory to the County Engineer, including but not limited to roads, drainage
structures and pedestrian footpath and sidewalks.
4. An appropriate access easement shall be provided on the final plat to
accommodate the use of the sidewalk from McCoy Springs Court to Cresta Road.
5. Common walkways and steps shall be maintained and snow removed as provided
in the Snow Removal Maintenance Plan dated October 31, 2003.
6. All areas within the 50 foot live stream setback shall be protected in its natural
state as provided in Section 3-340.C.6., Stream Setbacks, of the Land Use
Regulations, except as allowed for the caretaker unit /common ski locker facility /
condominium unit and the skier bridge. ~ ~ '
7. The Debris Flow Mitigation Facilities Operations and Maintenance Manual
dated October 2003, prepared by Golder Associates, shall be regularly and
properly implemented.
8. It shall be demonstrated prior to approval of a final plat for this development, that
the proposed payment to the Colorado Wildlife Heritage Foundation Trust Fund
has been made.
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9. If an Army Corps of Engineers 404 permit is required for any construction in the
vicinity of McCoy Creek, such a permit shall be obtained and all conditions and
requirements of the permit shall be adhered to.
10. The Wildfire Mitigation Plan shall be implemented.
11. With respect to the PUD Guide for McCoy Springs at Arrowhead, those portions
of Section 4.3, Modifications To This Guide, entitled Major Modifications, Mingr
Modifications and Building Envelope Adjustments, shall be modified as set forth
in the Staff Report in the discussion of the Standard Section 5-240.F.Z.a.(~), ~ '
Initiation.
12. A Letter of Map Amendment for McCoy Creek shall be obtained from the Federal
Emergency Management Agency (FEMA) prior to issuance of a building permit
for any structure on the east side of Cresta Road. ,
13. Except as otherwise modified by these conditions, all material representations of
the Applicant in this application.and all public meetings shall be~ adhered to and
be considered conditions of approval.
THAT, the McCoy Springs at Arrowhead Site Plan attached hereto as Exhibit "B" be and
is hereby' approved;
WHAT, the McCoy Springs PUD Guide attached hereto as Exhibit "C" be and is hereby
approved. '
THAT, the Landscape Plan for McCoy Springs Court and the Landscape Plan for
McCoy Springs Trail, attached hereto as Exhibit "D" and Exhibit "E", respectively, 'be and are
hereby approved.
THAT, the Debris Flow Mitigation Facilities Operations and Maintenance Manual,
dated October 2003, attached hereto as Exhibit `,`F" be and is hereby approved.
THAT, the Snow Removal Maintenance Plan dated October 31, 2003, attached hereto as
Exhibit "G" be and is hereby approved.
THAT, the McCoy Springs at Arrowhead P UD Agreement attached hereto as Exhibit
"H" be and is hereby approved.
THAT, the Board of County Commissioners directs the Director of Community
Development to enter this amendment on the appropriate page of the Official Zone District Map
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and provide a copy of this Resolution to the Applicant;
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 Commissioner of the
County of Eagle, State of'Colorado, at its regular meeting held tie ~~~ day ,n. ~
2004, nunc pro tunc to the 18th day of November 2003.
' ®~ ~,~c-i~L~ COUNTY OF EAGLE, STATE OF
c~ COLORADO, By and Through Its
ATTEST: , , ~ ~ : ~ BOARD OF COUNTY COMMIS IQNERS~
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.~~'~/~ ~L/~l~~d ~ cototaA~o
BY ~/' ~ ~~~~, BY:
Teak J. Simonton U ~ Mic .Gallagher, h ' an
Clerk of the Board of ~ - '
County Commissioners
' BY:
Arn M. Menconi, Commissioner
BY: lr
Tom .Stone, Commissioner
Commissioner ~ /J~ ,seconded adoption of the foregoing resolution. The roll having
been called, the v was as follows:
Commissioner Michael L. Gallagher
Commissioner Arn M. Menconi
Commissioner Tom C. Stone
This Resolution passed by~1~~~~ote of the Board of County Commissioner of the County of
Eagle, State of Colorado.
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McCoy Springs Variance Requests
Item Road oa Variance Justlflcation for V rlance Demonstration of Potential Hardshla
Classification
1 McCoy Springs Rural Access Tangent Length Due to steepness of the adja~„ent terrain and to minimize Even small increases in the stroight (tangent) section
Trail and Type VII LUR 4-C20 J-9.(13). impacts. As shown, tech road intersects CrestaRoad perpendicular to the hill results in dramatic increases in
McCoy Springs (existing) at approximately 90°, with a tangent distance of wall heights, and therefore impacts more of the surrounding
Court (ADT 25-50) approximately 30 feet. frees and natural terrain. The current alignment was designed
such that the safety of vehicles wot:ld not be compromised,
yet wall heights would not be unreasonably higJ;. The current
alignment results in cut walls of approximately l 6 to 24
feet in height at the high points. Due to the hilly nature of the
terrain, an increase in the tangent distance to 100 fee:, may
result In rho walls reaching heights of 30 feet (as wet. as
- increasing the length).
2 Crasta Road Suburban Single ACC~ss Duc to the mountainous topography of the adjacent terrain One access point to a public roadway system is provided via
(ADT = 250) Residential LUR 4-620 J-1.h. and the potential for encroaching onto property owned b}' Crests Road. Providing a secondary access road does not
others. appear to be a feasible or practical solution for Cris she, due to the
topography and the arnuurrt of impacts that wuu;d u4~ur to the larrQ.
However, in the summer, it !s possible to access the Arrowhead
tiki Area mountain road and exit via Hachelnr Ciulch, in the event
of an emergency. The Eagle River Fire Protection District has
ehtpressed that they have adequate access to the project
3 McCoy Springs Rural Access Switchback Duc to steepness of the adjacent terrain and to minimiu A radius of 60' for the switchbacks in this case would cause a
Trail and Type VIl Radius impacts. The swilchbattcs are designed with a 30' radius drmnntic increase in the amount of arcs distw•be•J, as well as
McCoy Springs LUR 4-620 J-1.f. and curve widening on the inside poRions of the curves. substantially increasing wall heights. In addition to the inside
Court (ADT 25-50) curve widening, the typical road cross section proposed for these
two roads is 2' wider per lane than required by the LUR, as well as
a 2' driveable concrete pan. Emergency vehicles car. adequately
access the site with the proposed switchback radius.
4 NA NA Utility Easement The utility easement widths shown on the plan conform to The easement widths wcrC shown at chc utility wurparry's
Width the widths required by the individual unlit}~ company. recommended standard widths, sa that the easements will not unduly
LUR 4-670 A. burden the property and further restrict the building envelopes.
Utility Easements _ -
5 NA NA On-site treatment Duo to the small mnourtt of impervious area being added Duc to the hydocompactivc soils on the project site, the use of
Detention to rho overall drainage basin. detention ponds is not appropriate.
LUR 4-650 B-1.b. -
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Exhibit "C"
McCOY SPRINGS AT ARROWHEAD PUD GUIDE
PURPOSE
The purpose of the McCoy Springs PUD Guide is to~serve as the governing regulations
which will control the land uses within the McCoy Springs PUD. The PUD Guide will
serve as the zone district regulations for the PUD and will regulate the use of land, bulk,
and maximum height; provide regulations for use's permitted therein and accessory ,
buildings and uses; and provide additional supplementary regulations. This P>_TD Guide
is in conformance with the requirement listed in Article, 5-240 F 2 a (8) of the Eagle
County Land Use Regulations. '
Additionally, the purpose of this PUD Guide is to insure the orderly and compatible
development of the property. The Guide replaces the standard zoning provisions of Eagle
County with site specific restrictions that are more appropriate to the specific conditions
of lands contained within this development. This PUD Guide will establish and
implement a long range comprehensive plan for McCoy Springs that will encompass such
beneficial features as a balance of residential and open space uses, enhancement of public
safety, creation of aesthetically pleasing environmental features and promotion of high
standards of development quality through stringent site planning, landscaping controls
and architectural design guidelines all for the benefit of the existing and future citizens of
Eagle County. McCoy Springs is intended to be a residential community,. McCoy
Springs will provide for a balanced mixture of residential and undisturbed natural lands.
2 ENFORCEMENT
The provisions of this Guide are enforceable by the authority and powers of Eagle
County as granted by law. Enforcement action shall be consistent with the authority and
actions defined in the Eagle County Land Use Regulations. All provisions of this Guide
shall run in favor of the residents, occupants and owners of land within McCoy Springs to
the extent ~ expressly provided in this Guide and in accordance with its terms and
conditions. ,
3 MODIFICATIONS TO THIS GUIDE
It is anticipated that modifications to this Guide will be necessary from time to time as
the project progresses through its development life. This Guide provides three types of
modifications: Major, Minor, and Building Envelope Adjustments. These three are
defined as follows:
Major Modifications:
Major modifications shall be defined and processed in accordance with Section 5-
240.F.3.m., Amendment to Preliminary Plan for PUDr of th'e Eagle County Land Use
Regulations. , ,
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Minor Modifications:
Minor Modifications are those changes which will not alter the original concept of the
project but which may result in a change in design of the development. Minor,
modifications include, but are not limited to internal road alignment alterations, additions ,
of land uses not previously itemized in this Guide and minor shifts in lot locations,
provided that ,the changes are similar in nature to the listed permitted uses and are
consistent with 'the intent, ~ adjustments ~ to Planning Parcel boundaries. Minor
Modifications shall be under the authority of the Eagle County Community Development
Director and may or may not require 'an Amended Final Plat. The Director may approve
such a minor request if it is found:
1. to be consistent with the established goals of McCoy Springs
2. to not negatively impact adjacent land uses or the ability to implement the
provisions of this Guide.
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Applications for Minor Modifications shall be processed in accordance with Section 5-
300, Limited Review Use, of the Eagle County Land Use Regulations and may be
approved if it is found to be consistent with the established goals of the McCoy Springs at
Arrowhead PUD Guide and Preliminary Plan.
Building Envelope Adjustments:
Amendments to the Building Envelopes may occur upon approval of one of two of the
following processes:
Administrative Process for a Building Envelope Amendment - If it has ,
been demonstrated that [ 1 ] all property owners within 75 feet of the outer
boundaries of the lot in which the building envelope adjustment is being
proposed and [2] the McCoy Springs at Arrowhead Design Review Board
have approved the proposed Building Envelope Adjustment, such an
application may be processed in accordance with Section 5-290, Minor
Subdivision, of the Eagle County Land Use Regulations, as a Type B
Subdivision involving the subdivision of condominiums, townhomes and
duplexes. In addition to other standards provided in Section 5-290, the
2
1 1
Director of Community Development shall also be required to determine
that: '
a. The proposed amendment will not substantially impact in an
adverse manner the view corridor of any property owner to whom
notice of the proposed building envelope adjustment has been sent,
' or the proposed change is required due to geologic or other hazard
considerations;
b. The envelope change does not adversely impact wildlife corridors;
c. The envelope change does not adversely impact ridgelines nor
create any increase in impacts to ridgelines;
d. The envelope amendment is not inconsistent with the intent of the
Final Plat; and '
e. The envelope amendment is not an alteration of a restrictive plat
note.
' ~ Public Process for a Building Envelope, Adjustment - An application for a
building envelope adjustment which does not qualify for the
Administrative Process shall be processed in accordance with Section 5-
290, Minor Subdivision of the Eagle County Land Use Regulations, as an
Amended Final Plat. In addition to other standards provided in Section 5-
290, the Board of County Commissioners shall also determine that:
a. The proposed amendment will not substantially impact in an
adverse manner the view corridor of any property owner to whom
notice of the proposed building envelope adjustment has been sent,
or the proposed change is required due to geologic or other hazard
considerations;
b. The envelope change does not adversely impact wildlife corridors;
c. The envelope change does not adversely impact ridgelines nor
create any impacts to ridgelines;
d. The envelope adjustment is not inconsistent with the intent of the
Final Plat; and
e. The envelope adjustment is not an alteration of a restrictive plat
note.
3
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4 SIZE
The McCoy Sprigs PUD consists of approximately 410 acres. The Preliminary Plan ~ '
indicates the following land uses and acreage:
.,,
Land Use ~ ~ Acres ~ ' % of Site '~
Residential Lots 6.5 ' 16% ~,
Open Space 32 78% ,
Road R.O,.W 2 S% ~ ~, .
Tract F 0.5 1 % ' ~ ' ,
~~~
Total ~ 41 100% '
5 DENSITY
The McCoy Springs PUD shall consist of no more than 8 single family residential homes,
one common ski house /caretaker dwelling unit/freemarket dwelling unit building, open
space and road right-of--way. Specific information and limitations regarding this density
and these land uses may be found in Section VIII, PUD Zone Districts.
6 PUD ZONE DISTRICTS '
A. Residential -- Lots 1-8
1. Purpose:
To provide sites for low density single family homes on a variety
of lot sizes.
2. Uses by Right:
a) Single family dwelling units.
b) Accessory uses customarily appurtenant to single family
homes.
c) Utility services.
d) Construction trailer and staging for construction of McCoy
Springs homes and facilities.
3. Special Uses:
None.
4
4. Minimum Building Setback Requirements: '
No minimum except must be sufficient to accommodate utilities,
easements, drainage, access, fire code regulations, and flood plain
of live streams. All buildings and accessory structures shall be
located within the building envelope as shown on the final plats.,
Driveways, utility lines, landscaping, drainage improvements, '
retaining walls and anentry/address monument are allowed outside
of the building' envelope. Selective thinning of vegetation' ~ ,
consistent with recognized wildfire protection standards is allowed
outside of the building envelope.
5. Maximum Building Height:
' 35 feet. '
6. Site Coverage:
Lots 4, 7, and 8 and shall not exceed 40% building site coverage
and 80% total impervious area.
Lots 1, 2, 3, 5, 6 and Tract F shall not exceed 20% building site
coverage and 40% total impervious area..
' 7. Parkin:
Each residence shall provide a minimum of 3 on site parking
spaces.
B. Open Space/Recreation - Tracts A & E
1. Purpose:
To provide sites for natural open space.
2. Use by Right:
Foot trails, picnic areas, ski ways.
5
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C. Recreation Structure/Caretaker Unit/Condominium -- Tract F ~ ,
1. Pu ose To provide a site for a common ski storage facility, a
residential unit for the purpose of long-term local resident housing '
and a free market dwelling unit.
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' 2. " Use by Right: ~ ~ '
,' a) A ski storage and changing facility for the sole use of ~ ~ '
McCoy Springs homeowners and guests not to exceed 2000 '
square feet.
b) One accessory dwelling unit not to exceed 1500 square ~ ~' ,
feet. `
', c) ~ One free market dwelling unit.
d) A temporary sales office limited to marketing, sales and
construction management for McCoy Springs only. This ~ ~,
use must cease within,90 days of sale of the last unit within '. "
McCoy Springs.
e) Abridge crossing of McCoy Creek as indicated on the ,
McCoy Springs Preliminary Plan site plan.
3.. Special Uses.
None.
4. Minimum Building Setback Requirement.
' No minimum except must be sufficient to accommodate utilities,
easements, drainage, access, fire code regulations, and flood plain
' of live streams. All buildings and accessory structures shall be
located within the building envelope as shown on the final plats.
Driveways, utility lines, landscaping, drainage improvements,
retaining walls and an entry/address monument are allowed outside
of the building envelope. Selective thinning of vegetation
consistent with recognized wildfire protection standards is allowed
outside of the building envelope.
5. Maximum Buildin Height:
35 feet.
6
6. Parkin. '
Each dwelling unit will provide a minimum of two on-site parking
spaces. ~ ,
7 DESIGN REVIEW ,
All facilities within McCoy Springs will be subject to the Arrowhead Mountain Design
Guidelines and Design Review Board. '
8 SIGNS
The following sign code shall be considered as an integral portion of this Planned Unit
Development: ,
Proiect Identification/Entrv Monument Sign
One sign, not to exceed 10 square feet in size and 10 feet in height, may be located within
the boundary of the property in the vicinity of each road entrance. These signs shall be
located on the entry monuments indicated on the Preliminary Plan landscape plan, These
monuments and signs shall be located outside of the intersection clear vision areas as
defined ih the Eagle County Land Use Regulations. No internal lighting of these signs
shall be allowed.
Residential Prouerties
Each home at McCoy Springs will be allowed an entry identification plaque' not to exceed
.5 square feet, which may be placed within or on entry monuments located at the junction
of the roadway and the driveway. No internal lighting of these signs shall be allowed.
9 ~ CONFLICTS
The specific provisions of this Guide shall supersede those of the Eagle County Land Use
Regulations. ' However, where the Guide does not address an issue, the specific
provisions of the Eagle County Land Use Regulations shall prevail.
7
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10 CONTROLS '
A: ~ Dog Control and Wildlife Mitigation
',
A1~ property owners and guests within the PUD shall be subject to the , ,
approved wildlife mitigation agreement. All property within the PUD
,shall be subject to the Eagle County Land Use Regulations regarding
wildlife proof trash enclosures.
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All use of open space shall also ,be subject to the approved wildlife
mitigation agreement. ~ `'
,
All dogs and dog owners/handlers shall be subject to the approved wildlife
mitigation~agreement.
B. ~ Maintenance '
1. All lots must be maintained in a clean and litter free condition.
2. ~ No unlicensed motor vehicles may be stored on a lot unless stored
in a visually unobtrusive manner.
3. Noxious weeds must be controlled and eliminated by the lot
owner. ~ '
4. ~ All land surface disturbed by construction or erosion must be
satisfactorily revegetated. The Design Review Board may require ,
additional revegetation work if it deems it necessary.
5. ~ Dead or down vegetation which may contribute to wildfire hazard
must be eliminated by the lot owner or by the Homeowner's
Association if it is located on land owned by the Homeowner's
Association. All lot owners must manage vegetation within the lot '
in accordance with the wildlife mitigation guidelines established
by the Colorado State Forest Service and Eagle County.
8
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C. Construction
All construction shall b'e subject to erosion control measures and standard
Best Management Practices to control dust emissions, air quality, water
quality and noise and odor limitations as further described in the
Arrowhead Mountain Design Guidelines.
Lighting standards for residential uses shall be in compliance with ) agle
County lighting standards.
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9
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Oct 22 03 02:36p PINE Et`IGIi`iEERItYG 9''^9263390 p.5
i
' , ~ Exhibit "F"
McCoy Springs at Arrowhead
llebris Flow Mitigation Facilities
Operations and Maintena>ace Manual ;,1 ~;•{ ~ ~ ~~±~~
Uctober 2003
Golder Project No. 023-2334 ~~~ ~OUtlty
C~~~r~ur>tity ®e~~l~~~t®1~~
The purpose of this doc:utt[ettt is to provide a maintenance inspection plan for the McCoy Springs at
Arrowhead T~eveloprnent debris flow tttitigatiou facilities. 'This document provides an inspection
schedule and recommended inspection items. This document shall be kept on file with the
maintenance supervisor of the McCoy Springs at Arrowlte~d Developatent. "As-built" engineering
drawings of the facilities shall be available to the inspector; with notltion of the debris rnitigatiott
facilities. All residents of the NicCoy Springs at Arrowhead development shall have access to .this
document. This document shall be reviewed every 5 years and modified to ittGlude additional
require[nents as needed to maintain the function of t1-e structures. ,
Inspections shalt be performed by a qualified individual having familiarity with structures of the type
used at the McCoy Springs at Arrowhead devel'optnettt. The inspector shall have au understanding of
all the components and purpose of the debris mitigation facilities.
The inspector shall provide a brief letter summarizing the inspection and any recommended action
needed to maintain the function of the structure. The letter of inspection shall include the name and
signature of the inspector, the date, and time of inspection, a description of all the facilities obsen~~d
regardless of condition, and descriptions of any deficiencies in the facilities with the recommended
corrective action. The letters of inspection shall be kept on file with the maintenance supervisor for a
period cif at least 5 years. All residents of the McCoy Springs at Arrowhead development shall have
,access [o the inspection summary letters with in 10 days of requesting information.
All inspections shall conform to applicable regulations set by local, state, and federal govemiug
agencies, such as OSHA, including but not limited to confined space entry regulations.
Inspection Frequency
Inspection of the debris flow mitigation facilities shall occur a minimum. of hvice a year, with one
inspection itt the months of April or May, and one inspection in the months of September or October.
In addition to the seasonal inspections, the facilities shall be inspected within 3 days after significant
ntnoff greater than 10 year storm frequency event, after a forest fire, or any catastrophic event, such
as an earthquake. Inspections of the facilities shi~uld be performed at any time a malfunction is
observed or reported.
Inspection Items
The "as-built" engineering drawings available as pact of this operations manual notes the location and
configuration of the debris flow mitigation facilities. The facilities noted as related to debris flow
tnitigation should be observed as part of this inspection, i[tcludittg but not limited to culverts, ditches,
embankments, walls, and manholes.
Specific items to be noted in the inspection shall include, but are not limited to, the following:
• $~idence of erosion
• Damage to anuoring
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ucL ~~ U:~ 02:37p °t PINE EI`IGIfYEERInG 9709263390 1a.6
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Operations and Maintenance Manual
September 2003 -2- ~ 013-2243
-- {
• Bntsli and excessive vegetation (all shrubs and bushes in ditches or along '' '
embankments or near culvert ends wi{l need to be removed) ~ ~ ~ ,
• ~ Excessive wear [tr corrosion of structures '
• Sediment reducing the capacity (observatidn of ,embankments and ditches for
ininimtirn freeboard; and observation of clear culvert stntctures) ,
.~,
• ''Evidence of culvert joints deteriorating or peening ,'
• Kemovat of blockages
•~ " Burrowing-animal control or removal ~ ~ '~ I -
• Settlement of structures
• Settlement of fill adjacent to structures ,
I ,
• Proper marking of the culvert ends for safety'and snow removal ~ '
• Manhole access points maintained and operational ~ ,
1'he maintenance supervisor of the McCoy Springs at Arrowhead Development shall sign and date
letters of inspection when they are received. The maintenance supervisor shall then be responsible
for the linaintenauce or repairs to re-establish the full function of the debris flow mitigation facilities.
Repairs or alterations to structures must be designed by a licensed civil engineer qualified in these
types of structures;
Routine NIuintennnce Procedures
The box culverts shall be cleaned of sediment and debris, and routine maintenance accomplished, '
using the following procedures:
• Access points to the box culverts are at the openings at each end, and manholes. In ,
maintained condition; the entire length of the box culverts are accessible to workers. ~ '
• Seditttent hnd debris can be cleaned from the inlet and outlet ends of the box culvert by direct
access, and use of hand shovels.
• if applicable, debris can be removed by hand via the manhole access points. ,
• Sediment removal between access points may be accomplished by flashing with a pressure
hose.
• Alternate means (to flushing) may also be usecJ to remove sediment, such as by hand
shoveling or a small cxcavatittg machine, upon approval of engineer. Methods used must be
such that the box culvert and its appurtenances will not be damaged.
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uct ~~ u:~ U2:37p ~ "' PINE ENGINEERING 9709263390 p.7
Operations and h~laintenance Manual
September 2003 -3- 013-2243
• Vegetation at the box culvert ends should be kept~trimmed, mowed, or removed, such that it
will not interfere with function of the structure or contribute debris. ,
Debris should be removed from the channel upstream of the box culvert inlets.
• Channels and bertns upstream and downstream of the box culverts shall be maintained to
curb erosion, by re-establishing vegetation and/or restoring erosion protection.
• ~ Heavy snow should be removed using a hand shovel or small excavating machine that will
not damage the stntcture, if it interferes with box culvert function.
• Ic:e may be removed as necessary using a blow torch to melt the ice, andlor a small pickax, vs
long as the efforts do not damage the box culvert.
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C \WINNT\PROFILESUD~71N1577tATOR\LOCAI. St 1 I INGS\TEAIPORARY INTERNET PILES\COyTEI~T ICi\Y807KFS56~tAR~ P~..a~ oocGolder Associates
Exhibit "G"
McCOY SPRINGS ~ ~ '
' Snow Removal Maintenance Plan ~ ,, ,
October 31, 2003 ~ ',
It is the developers intent, during the period of developer control, of the McCoy Springs
Homeowners Association, to utilize the caretaker unit resident as an onsite property
manager. This person shall, or shall cause, all accumulation of 2" or greater of snowfall ' ' , ,
to be removed, from McCoy Springs Trail, McCoy,Springs Court, all common walkways
and stairs, anal the ski house driveway entrance and walkways by 8:15 a.m. of each day.
Any accumulation of snow (storage) that impacts routine maintenance shall be removed
from the sitey'in a timely' manner, to allow continued ~rihindered maintenance. Any 'snow
that is deposited on the sidewalk along Cresta Road as a result of Cresta Road snow .
removal operations shall be immediately removed from the sidewalk to allow unhindered
use of the sidewalk to access the ski house.
Maintenance may be accomplished by the onsite caretaker with equipment (plow truck,
snow blower, shovel) owned by the Association or by contract with a third party ~ '
commercial company. '
If a future Association determines to engage an off site property management finm instead
of an onsite caretaker, then the commercial property management firm shall cause the
same maintenance program to be implemented by its employees or by contract with a
third party commercial operation.
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Exhibit "H"
PLANNED UNIT DEVELOPMENT AGREEMENT
COUNTY OF EAGLE, STATE OF COLORADO
AGREEMENT NUMBER:
Warner Developments, Inc.
McCoy Springs at Arrowhead Planned Unit Development
File Number: PDSP-00018
WHEREAS, on or about February 25, 2003, Warner Development, Inc., (hereinafter
referred to as the "Developer"), did file an application with the Eagle County Department of
Community Development, State of Colorado, pursuant to Article 5 of the Eagle County Land
Use Regulations, for a Preliminary Plan for the McCoy Springs at Arrowhead Planned Unit
Development (hereinafter referred to as "PUD"), said development is a residential development
on a 41 acre parcel consisting of eight (8) single-family homes west of Cresta Road in two (2)
clusters of four (4) homes each, accessed by private cul-de-sac roads from Cresta Road, and a lot
to include a caretaker unit, afree-market condominium unit, and a common ski storage locker
unit (all in a single structure) in the area between Cresta Road and McCoy Creek.; and
WHEREAS, concurrent with the approval of a Preliminary Plan for PUD, the Developer
and the Board of County Commissioners shall enter into a Planned Unit Development
Agreement (hereinafter referred to as the "Agreement"), binding the PUD to any conditions
placed in the Resolution and this Agreement; and
WHEREAS, said Agreement shall include a Common Open Space Plan, Park and
Recreation Area Plan; and
WHEREAS, said Agreement shall set forth how the landscaping proposed for the PUD
will comply with Eagle County Land Use Regulations Section 4-240 Installation and
Maintenance Requirements; and
WHEREAS, said Agreement shall ensure installation of necessary public improvements
planned to accommodate the development; and
WHEREAS, pursuant to Article 5-240.F.3.h items (1) through (4) of the Eagle County
Land Use Regulations, the Eagle County Board of Commissioners finds that the following shall
set forth the performance section of this Planned Unit Development Agreement.
NOW, THEREFORE, in consideration of approval of the Preliminary Plan for PUD,
and the promises, covenants, and agreements to be kept and performed by the parties hereto, it is
agreed:
1. CONDITIONS IN THE RESOLUTION
The PUD, including Developer and successive owners of any part thereof, is bound to all
of the conditions placed in the Resolution approving the PUD Preliminary Plan.
2. COMMON PARK AND OPEN SPACE AREAS
2.1 Common Park and O en Space Areas Plan. Developer agrees to be bound by its
verbal and written assurances as to its Common Open Space, Park and Recreation Area Plans.
The Plans must outline the areas of common open space, parks, trails and recreation lands. The
Plan must specify how the preservation of these lands is to be implemented, identify deed or
other restrictions against development and include terms by which any common areas are to be
maintained. The Plan must be submitted with the application for Final Plat approval and must be
approved by the Board of Eagle County Commissioners before approval of the Final Plat.
3. LANDSCAPE AND PUBLIC IMPROVEMENT GUARANTEE.
3.1 Landscape Plan. Developer agrees to submit with the application for Final Plat
approval a Landscape Plan that complies with the landscape plan submitted with the Preliminary
Plan and found to be in compliance with Section 4-240 Installation and Maintenance
R~ec uirements. Minor modifications may be approved provided that the plan continues to
comply with Section 4-240 Installation and Maintenance Requirements. The Landscape Plan
must be approved by the Board of Eagle County Commissioners as part of a Subdivision
Improvements Agreement prior to approval of the Final Plat.
3.2 Agreement to Collateralize Landscaping. The Developer agrees to provide
collateral in a form acceptable to the County Attorney to ensure landscaping complying with the
approved Landscape Plan will be installed. Developer agrees to provide collateral for no less
than one hundred and twenty-five (125) percent of the estimated cost of the landscaping
improvements. The Developer may provide collateral for each phase of a phased PUD.
Developer agrees that the guarantee shall be provided prior to initiation of any land clearing or
infrastructure development for the phase or the PUD, whichever is applicable.
3.3 Release of Landscape Collateral As portions of the landscape improvements are
completed, the Community Development Director shall inspect them, and upon approval and
acceptance, shall authorize the release of the agreed estimated cost for that portion of the
improvements, except that the (10) percent shall be withheld until all proposed improvements are
completed and approved, and an additional twenty-five (25) percent shall be retained until the
improvements have been maintained in a satisfactory condition for two (2) years.
3.4 Public Improvements Agreement Developer agrees to execute a Subdivision
Improvements Agreement (hereinafter referred to as the "SIA") prior to approval of a Final Plat
for PUD. The SIA will contain, among others, the following provisions:
A. Specification of Improvements. The improvements to be installed shall be
specified, and shall include requirements as set forth in Condition 3 of that
Resolution approving File No. PDSP - 00018.
B. Certificates of Insurance. The Developer shall secure from any contractor or
subcontractor engaged in the work necessary to comply with the SIA a
Certificate of Insurance providing for liability protection in the minimum
amount of $150,000 per individual and $600,000 per occurrence, naming
the County as an additionally named insured. The Developer, if it serves
2
as the contractor for the PUD Improvements, shall provide insurance in
the same form and amounts as required of the general contractor. Said
limits shall be adjusted to comply with any changed limits in the Colorado
Governmental Immunity Act, Title 24, Article 10, Colorado Revised
Statutes.
C. County Incurs No Liability. The County shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage
happening or occurring to the PUD and/or PUD Improvements specified
in the final PUD Agreement prior to the completion and acceptance of the
same; nor shall the County, nor any officer or employee thereof, be liable
for any persons or property injured or damaged by reasons of the nature of
said work on the PUD Improvements, but all of said liabilities shall be and
are hereby assumed by the Applicant. The Developer hereby agrees to
indemnify and hold harmless the County and any of its officers, agents
and employees against any losses, claims, damages or liabilities for which
the County or any of its officers, agents, or employees may become
subject to, insofar as any such losses, claims, damages or liabilities (or
actions in respect thereof) arise out of or are based upon any performance
by the Developer hereunder; and the Developer shall reimburse the
County for any and all legal and other expenses incurred by the County in
connection with investigating or defending any such loss, claim, damage,
liability or action. This indemnity provision shall be in addition to any
other liability which the Developer may have.
D. Collateral. Developer agrees to provide collateral in a form acceptable to
the Eagle County Attorney to ensure public improvements are installed
according to the development approval for no less than one hundred
percent (100%) of the estimated cost of public facility improvements, as
estimated by the Developer and approved by the County Engineer. As
portions of the public facilities improvements are completed, the County
Engineer shall inspect them, and upon approval and acceptance, shall
authorize the release of the agreed cost for that portion of the
improvements except that ten percent (10%) shall be withheld until all
proposed improvements are completed and approved by the County
Engineer.
E. Warranty. The SIA shall provide for a warranty period of two (2) years
following completion of the last of the improvements.
F. Compliance with Land Use Regulations. The Developer shall be required
to obtain all necessary permits and comply with the provisions of the Land
Use Regulations, including but not limited to the Regulations for
Construction within the Public Ways of Eagle County (Chapter V), as the
same are in effect at the time of commencement of construction of the
PUD Improvements referred to herein.
G. Sole Responsibility of Applicant Prior to County Acceptance. The
Developer agrees and understands that at all times prior to the completion
and acceptance of the on and off-site PUD Improvements set forth in this
Agreement and the SIA by the County, each of said improvements not
accepted as complete shall be the sole responsibility and charge of the
Developer. When it is necessary to allow the general public to utilize the
roadways under construction by the Developer, traffic control and warning
devices shall be placed upon such roadways by the Developer in
accordance with the Manual on Uniform Traffic Control Devices for
Streets and Highways as prepared by the U.S. Department of
Transportation, Federal Highway Administration.
4. GENERAL PROVISIONS.
4.1 Severability. Whenever possible, each provision of this Agreement and any other
related documents shall be interpreted in such a manner as to be valid under applicable law; but
if any provision of any of the foregoing shall be invalid or prohibited under said applicable law,
such provision shall be ineffective to the extent of such invalidity or prohibition without
invalidating the remaining provisions of such subsection or document.
4.2 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such amendment or
modification is in writing and signed by all parties hereto.
4.3 Assignability. This Agreement shall be enforceable against the Developer,
provided however, that in the event the Developer sells, transfers or assigns all or part of the
subject PUD, the obligations of the Developer under this Agreement as to that portion of the
subject PUD may be assumed in writing by the purchaser of the parcel, and the Developer shall
have no further obligations hereunder. It is agreed, however, that no such assumption of these
obligations shall be effective unless the County gives its prior written approval to such
assumption following an investigation of the financial condition of the purchaser. The
Developer shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this
Agreement without prior written consent of the County, which consent shall not be unreasonably
withheld.
4.4 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
4.5 No Rights to Third Parties. This Agreement does not and shall not be deemed to
confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action
or other proceedings against either the County or its officers, employees or agents because of any
breach hereof or because of any terms, covenants, agreements or conditions contained herein.
4.6 Enforcement. At its sole option, the County may enforce the provisions of this
Agreement and of any applicable deed restrictions and covenants in the same manner and with
the same remedies applicable to the enforcement of land use regulations pursuant to the Eagle
County Land Use Regulations, as they may be amended from time to time, or as otherwise
4
provided by law. Alternatively, the terms of this Agreement and of any applicable deed
restrictions and covenants shall be enforceable by the Board or its designee by any appropriate
equitable or legal action, including but not limited to specific performance, mandamus,
abatement, injunction, or forcible entry and detainer. The remedies explicitly provided herein
are cumulative, and not exclusive, of all other remedies provided by law.
4.7 Notice. Notice required pursuant to the terms of this Agreement shall be deemed
given on the day that the same is placed in the United States Mails, postage prepaid, certified or
registered mail, return receipt requested.
Address for giving notice to County:
Eagle County Attorney's Office
P.O. Box 850
500 Broadway
Eagle, CO 81631
(970) 328-8685
Address for giving notice to Developer:
Warner Developments, Inc.
PO Box 958
Avon, Colorado 81620
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this c~ ~ i ,~
day~ca , 200.
~ EAGLE COUNTY DEPARTMENT OF
~~~r
a~ ~~ COMMUNITY DEVELOPMENT, Colorado
~ ~~ ? y and Through Its
AT ST: ~ ~~ '~ ~ OARD OF C TY OMMIS ONERS
c°LOaA9o
n ~ I By:
erk to the Board of Michael allagher, airman
County Commissioners
DEVELOPER:
Warner Developments, Inc.
a Colorado corporation
By:
h~
Name
1/~L~t 4JLL..~~
Title
