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 87 Pa 1 o6854 f 05/11/2004 0 2:24P 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 monz m m z CD / « � / a , / . / / �D \ /) I , m% PETERSON BOOK 616. 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