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HomeMy WebLinkAboutR04-050 Ranch House PUD Approval • • ulk
7 •
Commissioner. lac /moved adoption
of the following esolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2004 — � "�j C'
APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT
FOR THE RANCH HOUSE PUD
EAGLE COUNTY FILE NO. PDA -00051
WHEREAS, on or about January 15 2004, the County of Eagle, State of Colorado,
accepted for filing an application submitted by the owner of the Ranch House Planned Unit
Development, Scott Ziegler (hereinafter "Applicant ") for approval of an amendment to the
existing Ranch House Planned Unit Development (hereinafter "PUD ") Eagle County File No.
PDA - 00051; and,
WHEREAS, the Ranch House PUD is located in Edwards, adjacent to "The Reserve ";
See attached Exhibit `A'
and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development
Amendment which would allow the subdivision of the existing Lot 1 into three residential lots as
part of Phase III of the existing Ranch House PUD. The PUD was originally written anticipating
the elimination of commercial, industrial and agricultural uses as the residential component of
the development increased; this PUD Amendment will essentially re -write the PUD guide
reflecting use eliminations (See attached PUD Guide); and,
WHEREAS, as part of the original approval, the Ranch House PUD is allowed up to a
maximum of six (6) dwelling units. Lot 1 currently contains a single family home and accessory
structures. Lot 2 has an existing triplex and maintenance /storage garage, used primarily as a
component of the owner's home occupation; Lot 3 allows for either a duplex or single family
structure. Lot 1 and Lot 3 are allowed a Home Occupation (see Section 1: Uses by Right of the
attached PUD Guide) and a Home Business (see Section 2: Home Business) with Special Use
Permit approval. Existing uses including the storage of hazardous materials, livestock and
Page 1 of 6
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Teak J Simonton Eagle, CO 370 R 0.00 D 0.00
agricultural buildings/materials shall be eliminated from both the development and the PUD
Guide with this amendment; and,
WHEREAS, the applicant has also made application for a Minor Type B subdivision, the
mechanism for subdividing and creating the three lots (SMB-00330); and,
WHEREAS, notice of the PUD Amendment 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 hearing(s) held Apri17~', 2004, the Eagle County Planning
Commission, based upon its findings, recommended approval with conditions, of the proposed
PUD Amendment; and,
WHEREAS, a public hearing was held by the Board of County Commissioners
(hereinafter the "Board") of the County of Eagle, State of Colorado, on April 19~', 2004 to
consider the PUD Amendment; and,
WHEREAS, based on the evidence, testimony, exhibits, and 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 ("the Board"), finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. Pursuant to Eagle County Land Use Regulations Section 5-244.F.3.e Standards for
the review of a Sketch and Preliminary plan for PUD:
(1) Unified ownership or control. The title to all land that is part of this PUD IS
owned or controlled by one (1) person and/or entity.
(2) Uses. The uses that may be developed in the PUD ARE 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. The dimensional limitations that shall apply to the
PUD ARE 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
Page 2 of 6
(4) Off-Street Parking and Loading. It HAS been demonstrated that off-street
parking and loading provided in the PUD complies with the standards of Article 4,
Division 1, Off-Street Parking_and Loading Standards, without a necessity for a
reduction in the standards.
(5) Landscaping. It HAS been demonstrated that landscaping provided in the PUD
can comply with the standards of Article 4, Division 2, Landscaping and
Illumination Standards.
(6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4,
Division 3, Si n Regulations.
(7) Adequate Facilities. The Applicant HAS clearly demonstrated that the
development proposed in the Preliminary Plan for PUD will be provided adequate
facilities for roads; the applicant HAS clearly demonstrated that the development
proposed in the Preliminary Plan for PUD was provided adequate facilities for
potable water, sewage disposal, solid waste disposal, electrical supply and fire
protection. In addition, the Applicant HAS demonstrated that the PUD is
conveniently located in relation to schools, police and fire protection, and
emergency medical services.
(8) Improvements. 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.
(e) Snow Storage
(9) Compatibility With Surrounding Land Uses. The development proposed for the
PUD IS compatible with the character of surrounding land uses.
(10) Consistent with Master Plan. The proposed Special Use Permit CAN be shown
to be appropriate for its proposed location and be consistent with the purposes,
goals, objectives and policies of the Master Plan and Master Plan FLUM,
including standards for building and structural intensities and densities, and
intensities of use.
(11) Phasing. A phasing plan IS NOT necessary for this development.
(12) Common Recreation and Open Space. The PUD HAS demonstrated that the
proposed development will comply with the common recreation and open space
standards with respect to:
(a) Minimum area;
Page 3 of 6
(b) Improvements required;
(c) Continuing use and maintenance; or
(d) Organization.
(13) Natural Resource Protection. 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.
3. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for
the review of a Sketch and Preliminary Plan for Subdivision:
(1) Consistency with Master Plan. The proposed subdivision is consistent with the
Eagle County Master Plan and the Future Land Use Map (FLUM) of the Master
Plan.
(2) Consistent with Land Use Regulations. The proposed subdivision DOES
comply 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.
(3) Spatial Pattern Shall Be Efficient 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.
(4) Suitability for Development. The property 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.
(5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible
with the character of existing land uses in the area, and SHALL NOT adversely
affect the future development of the surrounding area.
4. Amendment to Preliminary Plan for PUD. No substantial modification, removal, or
release of the provisions of the plan shall be permitted except upon a finding by the County,
following a public hearing called and held in accordance with the provisions of section
24-67-104(1)(e) Colorado Revised Statutes that;
(1) Modification. The modification, removal, or release is consistent with the efficient
development and preservation of the entire Planned Unit Development;
Page 4 of 6
(2) Adjacent Properties. The PUD Amendment does not effect, in a substantially
adverse manner, either the enjoyment of land abutting upon or across a street from
the Planned Unit Development or the public interest;
(3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon
any person.
The application has been submitted by the owner of an existing PUD which currently
allows for and anticipates this development.
5. Pursuant to Section 5-280.B.4, Preliminary Plan for Subdivision, Staff finds this
application in conformance with all required application contents, including, an adequate,
Overall Development Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the PUD Amendment for The Ranch House PUD, File No. PDA-00051 is hereby
approved with the following conditions:
1. Except as otherwise modified by this Permit, all material representations made by the
Applicant in this application and in public meeting shall be adhered to and considered
conditions of approval.
2. All new structures must utilize public water as provided from the Edwards
Metropolitan District.
3. If the entrance gate is ever locked a "Knox-Box" will be available to emergency
responders.
4. The wellhead on Lot 1 must be rendered safe by securing the well's opening. If the
well is not permitted to be used or is abandoned, the wellhead should be permanently
capped.
THAT, the PUD Amendment submitted under this application and hereby approved does
not constitute a "site specific development plan" as that phrase is defined and used in C.R.S.
Section 24-68-101, et seq.
THAT 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.
Page 5 of 6
MOVED, READ AND ADOPTED by the Board of County Co issione~r-°s of the
County of Eagle, State of Colorado, at its regular meeting held this ~~~y of C. c~- ~~
2004, nunc pro tunc to the 19~' day of April, 2004.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY
~'``°"`` ~•. COMMISSIONERS
o~ ~"`~ c•
o~
ATTEST: ~ H
* e
(j ~9 BY:
Teak J. Simonto C. 5 0 ,Chairman
Clerk to the Board of
County Commissioners BY:
Michael L. Gallagher, Com sio
BY:
Arn M. Menconi, Commissioner
Commissioner ]V~`~t-f" seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Tom C. Stone ~'c i~
Commissioner Michael L. Gallagher 1, ~~i'
Commissioner Arn M. Menconi '~-
This Resolution passed by ~i~
County of Eagle, State of Colorado.
vote of the Board of County Commissioner of the
Page 6 of 6
Vicin
Site As of 1998
Proposal
Exhibit'A'
Ranch House PUD Amendment
PDA -00051
Edge of the Eagle River
High Water Mark
100 Year Floodplain
■ i Common S Open ace Easement
l+ Lot l;.� P P
� 50' Setback
- !`_°!_ &s of ,� Lot 3 ...•; �..``,..
M
EAGLE COUNTY
USE OF THIS MAP SHOULD BE FOR
GENERAL AND INFORMATIONAL PURPOSES
ONLY, EAGLE COUNTY ODES NOT
WARRANTTHEACCURACYOFTHE
INFORMATION CONTAINED HEREIN.
THE RANCH HOUSE
AMENDED
PLANNED UNIT DEVELOPMENT
CONTROL GUIDE
April 19, 2004
SECTION I: USES BY RIGHT
A. Residential
Lot 1: One (1)single-family residences and accessory uses customary to
single-family residences.
Lot 2: One (1) three-unit (3-unit), multi-family structure and customary
accessory residential uses.
Existing Home Occupation:
One (1) maintenance/storage garage to be used for parking of residents'
vehicles and from time to time for maintenance and storage of
construction and snow removal equipment and vehicles. The existing
maintenance/storage garage is located on lot 2 and has ause-by-right
home occupation for the operation of a construction and snow removal
office. The office may not exceed 120 square feet.
Lot 3: One (1) single-family or duplex residence and accessory uses
customary to residential development.
Lot 1 and Lot 3
Home Occupation: The conduct of a business, occupation or trade as an
accessory use entirely within a residential building or accessory structure
for gain or support, only by residents of the dwelling, that does not serve
patrons on the premises, except in an incidental manner. A home
occupation shall comply with the following standards:
1. Use Subordinate. The use of a dwelling for a home occupation shall be
clearly incidental and subordinate to its use for residential purposes and
shall not change its basic residential character.
2. Activity Conducted Indoors. All activities associated with a home
occupation shall be conducted indoors. Materials and equipment used in
the home business shall be stored in a building.
3. Parking. A home occupation shall not generate the need for any
additional parking other than that required for the principal residential use
of the property.
4. Sales. Incidental sale of supplies or products associated with a home
occupation shall be permitted on the premises. A home occupation whose
primary activity is retail sales shall be prohibited, except if the home
occupation is for catalogue sales.
Page 1
THE RANCH HOUSE
AMENDED
PLANNED UNIT DEVELOPMENT
CONTROL GUIDE
5. Nuisance. A home occupation shall not produce noise, electrical or
magnetic interference, vibrations, heat, glare, odors, fumes, smoke, or
dust and shall not operate at such hours or in such a manner as to create
a public nuisance, disturb neighbors or alter the residential character of
the premises.
6. Codes. The building housing the home occupation shall comply with all
County or State building, fire and safety codes applicable to the particular
business.
7. Signs and Illumination. Signs and other outdoor structures advertising the
home occupation shall not be permitted. Illumination of the structure
housing the home occupation shall be limited to that which is customary
for the primary residential use of the property.
Lot 1. Lot 2 and Lot 3 Non-commercial recreational activities
associated with the Eagle River such as picnicking, fishing, horseshoes,
and similar open space recreational activities.
B. Parking Requirements
Lot 1: A minimum of 2 parking spaces for the existing residence.
A minimum of 3 parking spaces per dwelling for re-development.
Lot 2: A minimum of 2.5 parking spaces per dwelling.
Lot 3: A minimum of 3 parking spaces per dwelling.
SECTION (I: HOME BUSINESS
Lot 1, Lot Z and Lot 3 Home Business may be allowed with Special Use
Review approval in accordance with the applicable Eagle County Land Use
Regulations governing a Home Business.
SECTION lil: SETBACKS
A. Setbacks from the Eagle River shall be as shown on the Final Plat.
Existing encroachments shall be allowed to remain.
B. Any proposed development within the 100-year floodplain shall be
permitted in accordance with the Eagle County Floodplain Regulations
and pursuant to Section 3-340.C.6 Stream Setbacks and/or with the
approval of a zoning variance.
C. New buildings shall be located within the Building Envelopes as depicted
on the approved Final Plat or Overall Development Plan. Existing
encroachments shall be allowed to remain; however, no portion of any
structure encroaching outside the platted building envelope shall be
expanded or increased.
Page 2
THE RANCH HOUSE
AMENDED
PLANNED UNIT DEVELOPMENT
CONTROL GUIDE
SECTION IV:BUILDING HEIGHTS
A. North side, facing the Eagle River:
Forty (40) feet as measured per the Eagle County Land Use Regulations;
Building Height Calculations for Stepped or Terraced Buildings.
B. South side, facing Highway 6:
Thirty-five (35) feet as measured per the Eagle County Land Use
Regulations; Building Height Calculations for Stepped or Terraced
Buildings.
SECTION V: LOT COVERAGE AND FLOOR AREA
A. Buildings shall not cover more than 10,000 square feet.
B. All impervious materials shall not cover more than 20,000 square feet.
C. Maximum floor area shall not exceed 20,000 square feet.
SECTION VI: LANDSCAPING
A. Existing berms shall be maintained or other suitable screening shall be
provided to shield the site from U.S. Highway 6 and from the Reserve
Bridge Road.
B. A landscape plan, prepared by a qualified person, shall be submitted for
review as part of the application for building permit for future re-
development of Lot 1 and future development of Lot 3. The landscape
plan shall be a detailed plan showing how the applicant intends to
landscape the site. The landscape plan that accompanies a building
permit application is intended to address issues such as where and what
type of trees and other landscaping materials will be placed, how common
areas will be treated how areas graded or otherwise disturbed during
construction will be re-vegetated.
1. Drawing. A dated, scale drawing, including topographic
information at two (2) foot contour intervals, locating all lot lines and
improvements to the property and any easements of record. The
drawing shall identify all existing deciduous trees and coniferous
tress of six inches (6") in caliper or greater that illustrates which
trees will be preserved, removed or relocated, areas where other
existing vegetation will either be preserved or removed, and the
type, location, size and number of plants that will be installed.
Where it is impractical to identify each tree, the drawing shall
outline the dimension of groves of existing and proposed trees.
The size, quantity, common name and botanical name of plants
used, including ground cover shall be labeled. When seed mixtures
are used, the percentage of grass and or wildflower mixtures and
seed application rates shall be specified.
Page 3
THE RANCH HOUSE
AMENDED
PLANNED UNIT DEVELOPMENT
CONTROL GUIDE
2. Erosion Control. AN areas graded or otherwise disturbed during
construction must be revegetated and a description must be
provided on how erosion will be controlled on-site during and after
construction.
3. Plants Compatible with Local Conditions. All plants used for
landscaping shalt be compatible with the local climate and the soils,
drainage and water conditions of the site. When planting occurs on
hillsides, slopes, drainageways or similar natural areas, plant
material should duplicate adjacent plant communities both in
species composition and spatial distribution patterns. Evergreen
shrubs should be planted in clusters to maximize their chance for
survival. Whenever possible, landscaping should use drought-
resistant varieties or employ xeriscape design principles. Whenever
appropriate, landscaping should use native varieties.
4. Save Existing Vegetation. The landscape plan shall be designed
so that healthy trees, native vegetation and natural or significant
rock outcroppings and other valued features are preserved and
integrated with planted areas.
5. Minimum Size. Trees and shrubs depicted on the landscape
plan shall be of at least the following minimum size at the time of
their planting, unless a larger tree size is specified in any applicable
development permit for buffering, screening or planting on the
subject property. Landscaping within a clear vision area shall
comply with the height limitations of Section 4-230 A.9.a, Clear
Vision Area.
a. Deciduous Trees. Deciduous trees shall be a minimum of
one and one-half (1.5) inches in caliper, measured four (4)
inches above the ground.
b. Coniferous Trees. Coniferous trees shall be a minimum of
four (4) feet in height, measured from the top of the root ball
to the top of the tree.
c. Ornamental Trees. Ornamental and flowering trees shall be
a minimum of one and one-half (1.5) inches in caliper,
measured four (4) inches above the ground.
d. Shrubs and Vines. Shrubs shall be in a minimum three (3)
gallon container, and shall be a minimum of one (1) to two
. (2) feet in height. Vines shat! be in a minimum one (1) gallon
container.
6. Maintenance. All landscaping shall be healthy at the time of
its installation and shall meet the standards of the American
Association of Nurserymen.
Page 4
THE RANCH HOUSE
AMENDED
PLANNED UNIT DEVELOPMENT
CONTROL GUIDE
a. Landowner Responsible. Maintenance of landscaped areas
shall be the responsibility of the landowner.
b. Replacement. Landscaping that does not survive within the
first three (3) years after it is planted shall be replaced within
three (3) months after it perishes, unless that date is not
during a planting season, in which case it shall be replaced
during the next planting season. The replacement
vegetation shall be similar in size, type and amount to the
vegetation that perished, so the integrity of the landscape
plan is preserved.
7. Noxious Plant Materials. Noxious weeds must be controlled by
the lot and\or the Home Owners Association. Plant materials as
listed on the most current noxious plant material list adopted by
Eagle County shall not be allowed as landscaping.
8. Landscape Collateral. Landscaping shall be installed prior to
the issuance of a Temporary Certificate of Occupancy by Eagle
County. If landscaping cannot be installed due to winter conditions,
the owner shall post collateral. The collateral shall be in an amount
equal to one hundred-twenty-five (125) percent of the total cost of
supplying and installing the materials depicted in the approved
landscape plan, based on the cost estimate provided by the
applicant and accepted by the County.
SECTION VII: ILLUMINATION STANDARDS AND SIGN REGULATIONS
A. Illumination
This section establishes standards for controlling illumination to prevent
intense glare or direct illumination that would create a nuisance, detract
from the use or enjoyment of adjoining property or cause traffic hazards to
motorists.
Standards. Exterior illumination shall not cast glare directly onto
adjacent properties. Low Pressure Sodium (LPS) lamps are the preferred
illumination source but other sources can be considered depending upon
the filtering, shielding, height and number of sources. Mercury vapor
lamps are discouraged. Streetlights used for illumination of public ways
are encouraged to be 20 feet or less in height. Outdoor lighting used for
decorative effects (architectural illumination, flag and monument lighting,
illumination of trees, bushes, etc.) should be located, aimed, or shielded
so as to minimize stray light trespassing across property boundaries.
B. Signs shall be installed in accordance with the applicable Eagle County
Land Use Regulations.
Page 5
THE RANCH HOUSE
AMENDED
PLANNED UNIT DEVELOPMENT
CONTROL GUIDE
SECTION VIII: WILDLIFE PROOF REFUSE CONTAINER AND DUMPSTER
ENCLOSURE STANDARDS
A. Refuse Container Design. All refuse containers, regardless of size, that
receive wastes shall be either a Wildlife Proof Refuse Container. (All
Refuse Haulers will be issued a list of recommended refuse containers.
This list will be kept on record at the Eagle County Building), or a Wildlife
Resistant refuse container which is stored within a building, house,
garage, or approved Wildlife Proof Dumpster Enclosure. The lid must fit
tightly and have a latching mechanism resistant to animal access. Any
refuse container and/or dumpster which has been compromised by wildlife
shall be replaced within 14 days.
B. Dumpster Design. All dumpsters, regardless of size, that receive food
waste shall be of a design that is Wildlife Proof, with drain holes no greater
than one (1) inch in diameter. Dumpster lids must have a closure
mechanism and/or a latching device and be approved by the Division of
Wildlife, or their designee. All lids must:
1. Fully enclose (cover) the dumpster opening;
2. Have edges that fit flush (not turned up or bent);
3. Have closure mechanisms that will withstand opening by an animal
and will remain closed when on their side or upside down;
4. Have acceptable latching devices, such as cables, bars and/or
handles and must lock into place with a pin or other mechanism;
5. Be constructed to withstand the weight of an adult bear
(approximately 450 pounds).
C. Time Limit. Refuse for curb-side pick up shall only be allowed to remain
by the curb during daylight hours. Refuse containers which do not meet
the above standards of must be wildlife resistant and may only remain
outdoors from dawn to dusk on the day of trash pick-up.
SECTION lX: WOOD BURNING CONTROLS
Only new technology devices permitted. Building or mechanical permits shall
only be issued for the installation of wood burning devices that comply with the
standards of a new technology device as defined by the current Eagle County
Land Use Regulations. The maximum number of new technology wood burning
devices allowed in new structures is as follows:
Lot 1 1
Lot 2 0
Lot 3 1
Page 6
THE RANCH HOUSE
AMENDED
PLANNED UNIT DEVELOPMENT
CONTROL GUIDE
SECTION X: FLAMMABLE OR EXPLOSIVE MATERIALS:
Flammable or explosive liquids, solids or gases shall be stored so as to comply
with all applicable focal, state and federal regulations, with particular attention to
standards adopted by the Eagle River Fire Protection District.
SECTION XI: PROPERTY OWNER MAINTENANCE:
Maintenance of common areas and access easements, including but not limited
to snow removal and general upkeep shall be the responsibility of the Ranch
House Home Owners Association.
Page 7
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