HomeMy WebLinkAboutR00-032 Loagn Park PUD approvalCommissioner moved adoption
of the follow ng Resolution:
RESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 00 - 032-
APPROVAL
OF THE PRELIMINARY PLAN OF THE
LOGAN PARK PLANNED UNIT DEVELOPMENT
FILE NO: PDP -00013
WHEREAS, on or about April 9, 1999 the County of Eagle,
State of Colorado, accepted for filing the application submitted
by Oran Palmateer and Paula Palmateer (hereinafter "Applicant ")
for approval of the PUD Preliminary Plan of the Logan Park
Planned Unit Development, File No. PDP- 00013 and,
WHEREAS, said Application would allow for the development of
five single family residential lots (with an option to combine
Lots 2, 3, and 4 into one lot), one caretaker unit on Lot 5, and
open space on 1.878 according to the legal description attached
hereto as Exhibit A and the nine (9) -sheet set of drawings
entitled "Preliminary Plan Documents for Logan Park PUD" by High
County Engineering et alia and dated January 13, 1999; and as
further described in the Planned Unit Development Guide - Logan
Park (July 7, 1999) attached hereto as Exhibit B; and
WHEREAS, at its public hearings held May 19, 1999 and June
June 16, 1999, the Planning Commission, based on.its findings,
recommended approval of the proposed Preliminary Plan of the
Logan Park Planned Unit Development, with certain conditions;
and,
WHEREAS, public hearings were held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on
June 1, 1999 for a Variance from Road Improvement Standards
(File. No. G- 00008) to allow less than the minimum right -of -way,
1
I I"III "III „I"II I" I)I'III'II'�II"I III "I'I IIII III
724608 03/13/2000 04:24P 370 Sara Fisher
1 of 16 R 0.00 D 0.00 N 0.00 Eagle CO
d , 1 ' e
C'�' C
minimum "K" value of 20, and minimum curve radius of 116; and on
June 28, 1999 for this File No. PDP- 00013; and,
WHEREAS, based on the evidence, testimony, exhibits, study
of the Master Plan for the unincorporated areas of Eagle County,
comments of the Eagle County Department of Community Development,
comments of public officials and agencies, the recommendation of
the Planning Commission, and comments from all interested
parties, the Board of County Commissioners of the County of
Eagle, State of Colorado, finds as follows:
1. That proper publication and public notice was provided
as required by law for the hearing before the Planning
Commission and the Board of County Commissioners.
2. That pursuant to Eagle County Land Use Regulations
Section 5- 240.F.3.f.(3) Basis for Granting Variations:
a variation from use or dimensional limitations is
required to create lots less than 15,000 square feet,
increase the maximum lot coverage and floor area ratio,
and reduce the front and side yard setbacks as required
in the underlying RSL Zone District. Said variance may
be granted when the Board of County Commissioners finds
that the Preliminary Plan for PUD achieves one (1) or
more of the following purposes and,that the granting of
the variation is necessary for that purpose to be
achieved:
(b) Avoid Environmental Resources and Natural Hazards.
The lands in the proposed PUD providing
environmental resource values HAVE been protected
and lands subject to natural hazards have been
avoided.
(f) Public Facilities. The proposed PUD DOES develop
public facilities, including but not limited to
public transportation facilities, public
recreation facilities and similar facilities.
3. Pursuant to Eagle County Land Use Regulations Section
5- 240.F.3.e Standards for the review of a Sketch and
Preliminary PUD Plan:
(1) Unified ownership or control. It IS represented
that title to all land is owned or controlled by
one (1) entity.
2
I ,,
C11 C11
(2) Uses. Uses that may be developed through the
proposed 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 or Table
3 -320 for the zone district designation in effect
for the property at the time of the application
for PUD.
(3) Dimensional Limitations. Dimensional limitations
ARE NOT as specified in Table 3 -340, "Schedule of
Dimensional Limitations," for the zone district
designation in effect for the property at the time
of the application for PUD. Variations of these
dimensional limitations ARE authorized pursuant
to Section 5- 240.F.3.f, Variations Authorized
(4) Off- Street parking and Loading. The proposed off-
street parking and loading DOES comply with the
standards of Article 4, Division 1, Off - Street
. Parking and Loading Standards of the Eagle County
Land Use Regulations.
(5) Landscaping. It HAS been demonstrated that
landscaping to be provided for structures
contemplated by the PUD complies with the
standards of Article 4, Division 2, Landscaping
and Illumination Standards Applicant HAS
demonstrated that the proposed landscaping
provides sufficient buffering of uses from each
other (both within the PUD and between the PUD and
surrounding uses) to minimize noise, glare and
other adverse impacts; creates attractive
streetscapes and parking areas; and is consistent
with the character of the area.
(6) Signs. A comprehensive sign plan for the PUD that
is determined to be suitable for the PUD EXISTS
within the Logan Park PUD Guide.
(7) Adequate Facilities. The applicant HAS
demonstrated that the development proposed by the
PUD will be provided with adequate facilities for
potable water supply, sewage disposal, solid waste
disposal, electrical supply; and will be
conveniently located in relation to schools,
police and fire protection, and emergency medical
3
e a'
1
services; the applicant
development proposed by
with adequate facilities
roads.
HAS demonstrated that the
the PUD will be provided
for fire protection and
(8) Improvements. The improvement standards
applicable to the development ARE NOT as specified
in Article 4, Division 6, Improvements Standards.
It HAS been demonstrated that the development may
deviate from the County's road standards so the
development achieves greater efficiency of
infrastructure design and installation through
clustered or compact forms of development or
achieves greater sensitivity to environmental
impacts under the following minimum design
principles:
(a) Safe, Efficient, Access. It HAS been
demonstrated that there is safe, efficient
access to all areas of the proposed
development.
(b) Internal Pathways. It HAS been demonstrated
that internal pathways form a logical, safe
and convenient system for pedestrian accesses
with appropriate linkages off -site.
(c) Emergency Vehicles. It HAS been demonstrated
that the roadways are designed to permit
access by emergency vehicles to all lots or
units.
(d) Principal Access Points. It HAS been
demonstrated that the principal vehicular
access points'are designed to provide for
smooth traffic flow, minimizing hazards to
vehicular, pedestrian or bicycle traffic.
(e) Snow Storage. Adequate areas for snow
storage HAVE been provided on the plans
submitted.
(f) Variance from Improvement Standards.Granted.
A Variance from the Improvement Standards set
forth in Article 4, Division 6 was granted on
June 1, 1999 by the Board of Eagle County
Commissioners pursuant to File. No. G -00008
and recorded under Resolution No. 99 -135.
4
C C
(9) Compatibility With Surrounding Land Uses. The
development proposed for the PUD IS compatible
with the character of surrounding land uses.
(10) Consistency with Master Plan. The proposed PUD IS
consistent with the Eagle County Master Plan,
including, but not limited to, the 1996 Future
Land Use Map (FLUM) and the Edwards Sub -Area
Master Plan; however it IS NOT consistent with the
Eagle River Watershed Plan.
(11) Phasing. The proposed PUD WILL be constructed in
one Phase; guarantees SHALL be provided for public
improvements and amenities that are necessary and
desirable for residents of the project, or that
are of benefit to the entire County. Such public-
improvements shall be constructed as early in the
project as is reasonable.
(12) Common Recreation and Open Space. The PUD DOES
comply with the following common recreation and
open space standards: (a) Minimum Area
Recommended "minimum open air recreation or other
usable open space, public or quasi- public" (as
defined) is 25 %; (b) Improvements Required All
common open space and recreational facilities
shall be shown on the FINAL PLAT for the PUD and
shall be constructed and fully improved according
to the development schedule established for each
development phase of the PUD. (c) Continuing Use
and Maintenance Not applicable: refers only to
deed restrictions and /or deed covenants. (d)
Organization Common open space is proposed to be
maintained through an association or nonprofit
corporation, and such organization shall manage
all common open space and recreational and
cultural facilities that are not dedicated to the
public, and shall provide fot the maintenance,
administration and operation of such land and any
other land within the PUD not publicly owned, and
secure adequate liability insurance on the land.
(13) Natural Resources Protection. The PUD HAS
considered the recommendations made by the
applicable analysis documents, as well as the
recommendation received byresponding referral
5
agencies as specified in Article 4, Division 4,
Natural Resource Protection Standards Wildlife
Protection (Section 4 -410); Development in Areas
Subject to Geologic Hazards (Section 4 -420);
Development in Areas Subject to Wildfire Hazards
(Section 4 -430); Wood Burning Controls (Section 4-
440); Ridgeline Protection (Section 4 -450);
Environmental Impact Report (Section 4 -460).
4. That 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 Edwards Sub -Area Master Plan;
however, it IS NOT consistent with the Eagle River
Watershed Plan.
2. Consistent with Land Use.Regulations. The
proposed subdivision IS NOT in compliance 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 however
that the Board of Eagle County Commissioners has,
on June 1, 1999, authorized a Variation from the
Dimensional Limitations specified in Table 3 -340
pursuant to Section 5- 240.F.3.f.(3) of the Eagle
County Land Use Regulations, Basis for Granting
Variations and has further granted a Variance
from the Improvement Standards set forth in
Article 4, Division 6 pursuant to File No. G -00008
and recorded under Resolution No. 99 -135.
(3) Spatial Pattern Shall Be Efficient. The spatial
pattern IS efficient. The project 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
'leap frog' pattern of development." IT CAN be
shown that:
. I
C 1
(a) Utility and Road Extension: Proposed
utility extensions are consistent with the
utility's service plan or that County
approval of a service plan amendment will be
given; or that road extensions are consistent
with the Eagle County Road Capital
Improvements Plan
(b) Serve Ultimate Population: Utility lines
will be sized to serve the planned ultimate
population of the service area to avoid
future land disruption to upgrade under -sized
lines.
(c) Coordinate Utility Extensions:
"Generally, utility extensions shall only be
allowed when the entire range of necessary
facilities can be provided, rather than
incrementally extending a single service into
an otherwise un- served area."
(4) Suitability for Development. The property
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.
(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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, subject to the conditions set forth below, the
application submitted by Oran Palmateer and Paula Palmateer for
approval of the Preliminary Plan for the Logan Park Planned Unit
Development be and is hereby approved for the following described
parcel of land:
7
l
See: EXHIBIT A
attached hereto and thereby incorporated herein by reference
THAT, the following conditions are hereby placed upon this
approval:
1. Setback. All habitable structures shall adhere to a
fifty (50) foot setback from U.S. Highway 6.
2. Building Envelope, Lot 5. The building envelope for
Lot 5 shall be set back a minimum of ten feet (10 ft)
from the relocated Edwards Cemetery Road Easement.
3. Building Envelope, Lots 2 and 3. Building envelopes
for Lots 2 and 3 shall be back at least five (5)
feet from the common lot line.
4. Habitable space. Habitable space for residential
structures on Lots 1 through 4 shall be limited to
3,000 square feet or less. Habitable space for
residential structures on Lot 5 shall be limited to
4,500 square feet or less, with no more than 3,500
square feet devoted to the primary residential
structure and no more than 1,000 square feet devoted to
the accessory dwelling unit.
5. Planned Unit Development (PUD) Agreement. Pursuant to
Section 5- 240.F.3.h.(1) a PUD Agreement shall be drawn
between the Applicant and Eagle County, and signed by
the Applicant and Board of Eagle County Commissioners
at such time as this Resolution approving the
Preliminary Plan for Logan Park Planned Unit
Development shall be signed by the Board.
6. All Material Representations. Except as otherwise
modified by these conditions of approval, all material
representations of the Applicant in its submittal
package and in public hearing shall be binding.
THAT the Logan Park Preliminary Plan for PUD 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. 24 -68 -101, et seq.
9
C; C"
THAT the Planned Unit Development Guide - Logan Park
(February 7, 2000) attached hereto as Exhibit B is approved.
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.
MOVED, READ, AND ADOPTED by the Board of.County
Commissioners of th County of Eagl tate of Colorado, at its
meeting held the day of 2000, nuns pro
tunc to the 28 day of June 1999.
Clerk of the Board of
County Commissioners
BY:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
BY:
Commissioner seconded
adoption to the foregoing resolu ion. The roll having been
called, the vote was as follows:
Commissioner Tom C. Stone a4,P
Commissioner Johnnette Phillips
Commissioner Michael L. Gallagher r P.
This resolution passed by CS ` O vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
9
Wn 6-1 Abl�o-
Tom C. Stone, ehairman
FROM Eagle Valley Surveying, { :. FAX NO. : 970 845 9504 Jan. 31 2000 03:.48PM P2
EXHIBIT A
to that Resolution of the Board of Eagle County Commissioners approving the
Preliminary PUD Plan.for the Logan Park Planned Unit Development (File No. PDP- 00013)
A tract of land lying in the northeast quarter of the northeast
quarter of Section 9 and in the southeast quarter of the
southeast quarter of Section 4, Township 5 South, Range 82 West
of the 6th Principal Meridian, in the County of Eagle and State
of Colorado, described as follows:
Beginning at a point in the center of the Eagle River, from which
the northeast corner of said Section 4 bears N11428'16 "E 5183.35
feet; thence S02o53 200.11 feat to the northerly right -of -way
fence line of u.S. Highway No's 6 and 24; thence, along said
fence line, N86o05 11 E 300.00 feet; thence N06o14 "E 190.86
feet; thence N33Q59'00 "E 13.20 feet; thence N06o25 11 E 56.05
feet; thence N64045 11 E 37.64 feet; thence S70000'00 "W 386.27
feet to the point of beginning, containing 1.879 acres, more or
less.
EXHIBIT B C;
to that Resolution of the
Board of Eagle County Commissioners
approving the Preliminary PUD Plan,for the
Logan Park Planned Unit Development
(File No. PDP- 00013)
PLANNED UNIT DEVELOPMENT GUIDE
LOGAN PARK
February 7, 2000
A. Statement of Intent
To provide for a high quality clustered single family residential neighborhood along the
south bank of the Eagle River developed pursuant to the Planned Unit Development
Zoning.
B. Uses -By -Right
1) Single family residential dwellings including associated accessory uses such as
fences, hedges, gardens, walls, and other landscaping features.
2) Detached or partially detached garage so long as it is associated with B. 1) above.
3) Caretaker /gatehouse on Lot 5.
Detached caretaker unit with garage on Lot #5
Mechanical gatehouse structure on Lot #5.
4) Open space or greenbelt.
5) Home service or occupation business, such as accountant, realtor, architect, etc.,
excluding retail sales or exchange of goods on site.
6) The existing non - conforming residential uses (five mobile homes and a building
containing three apartments) shall be considered interim uses -by -right and shall be
allowed to remain until such time as construction of the on -site infrastructure
required under this Planned Unit Development commences. During this interim
period there shall be no change to these existing uses, the structures housing them,
or the current site plan, including, but not limited to: the residential use,
replacement of the mobile homes and/or their number and location, and the square
footage and/or number of apartments in the existing apartment building. Except
as may be otherwise stated in the foregoing, the provisions of Section 6 -110
Nonconforming Uses and Structures of the Eagle County Land Use Regulations,'
and any amendments thereto, shall apply.
C C
C. Lot Combination
A single family home is permitted to occupy the combined areas of Lot 2, 3 and 4.
In order to construct one single family home on the combined areas of Lots 2, 3, and 4, an
amended plat must be approved by the Eagle County Board of County Commissioners.
The amended plat must provide for relocated drainage easements to accommodate storm
drainage from the site.
D. BuildinLy Heiaht
Maximum building height will be 35 feet. This will be the distance measured vertically
along the side(s) of a building from the finished grade at a point directly below the peak
to a point that is at the midpoint between the eave line and the peak of a gable, gambrel,
hip or similar pitched roof.
E. Floor Area
Maximum floor area for Lots 1-4 will be 3,000 square feet each. A two car garage will
not count against the maximum building area, nor will a basement as long as the ceiling
of the basement is only twelve inches or less above finished ground level. A maximum
floor area of 3,500 square feet is allowed for the single family residence on Lot 5 and
1,000 square feet for the caretaker unit. The caretaker unit cannot be sold separately.
If lots 2, 3, and 4 are combined pursuant to Paragraph C, a maximum floor area of 7,000
square feet is permitted for the single family lot to be constructed on the combined lots.
F. Lot Coverage
a) Buildings: Up to 35% of each lot may be covered by permanent structures.
b) Total Impervious Coverage: Up to 50% of each lot may be covered by permanent
structures, driveways, parking areas, and other impervious materials.
G. Minimum Side Yard Setback for Interior Lot Lines
The minimum side lot line setback shall be 5 feet. Recesses in the side wall of all single
family homes are required and no more than 30% of the sidewall shall be located within
5.0 feet from the side lot line.
2
H. Minimum Lot Size
The minimum lot size shall be 10,500 square feet or 0.24 of an acre.
I. Building g nvelopes / Setbacks
All construction of single family houses, the caretaker unit and associated garages must
occur within the building envelope. A 50 foot setback is maintained from the high water
line of the Eagle River and from the Highway 6 Right of Way for all habitable structures.
A single story garage on Lot 1 is permitted within this 50 foot setback from Highway #6.
A 10 foot setback from the relocated Edwards Cemetery Road Easement is required for
all buildings on Lot 5.
I Densi
There shall be a maximum of five (5) single family residential lots for the project. There
shall be one (1) single family residential unit per lot. In addition to the single family
residential unit, a detached caretaker dwelling unit is allowed on Lot 5. This caretaker
unit is limited to a maximum of 1000 square feet of living area and must not be
subdivided or sold separately.
K. Sign gae
1) Goal
a. To provide for a consistent set of standards for signs throughout the
project.
2) Permitted Signs
a. Project Entry Sign
There shall be one (1) project entry sign located along the entry drive to
the project or in the front landscaping buffer. This sign may contain the
project name and the street address and should not exceed twenty (30)
square feet. Lighting should be directed downward so as not to reflect on
the adjacent roadway or neighborhood.
b. Building Street Address Signage
Each building shall be allowed street address signage (letters, numbers, or
a combination thereof) on the main entry and/or the most visible side of
the building. Letters or numbers shall not exceed 5" in height.
C. Directional Signs/Private Property Signs
Signs shall be allowed on or by the buildings or parking areas to help
direct visitors and deliveries to either the residential area or along the
through drive. Each of these signs shall be limited to three (3) square feet
in size, and there shall be no more than two (2) in number.
d. Other Allowed Miscellaneous Signs
Standard temporary or permanent signs erected by a public entity or utility,
traffic control signs, real estate signs, temporary construction signs, and
public information signs.
3) Approval
All signage shall be approved by the Design Review Board for the project prior to
installation.
L. Fences
1) Fencing, walls, and other barrier methods may be employed for screening and
security purposes provided it is approved by a majority vote of the Property
Owners Association.
2) All fencing materials shall be compatible with the design and structural concepts
for the project.
3) The Design Review Board shall review the size, materials, location, etc. of all
proposed fencing. No installation shall commence prior to approval of the Design
Review Board.
4) The maximum height of fencing material shall be six (6) feet.
4
' W . s
M. Lighfip
Exterior project and security lighting shall be allowed along drives and parking areas, and
adjacent to and attached to structures. All exterior lighting shall be directed downward or
shielded such that spill and glare does not adversely affect U.S. Highway 6 and adjacent
properties.
N. Parking
1) A minimum of one (1) covered space per residential unit shall be provided. A
maximum of two (2) covered spaces per unit shall be allowed.
2) In addition to the covered spaces noted above, each unit shall provide a minimum
of two (2) uncovered spaces. These spaces may be located in front of or along
side of the garage, or along a private driveway.
3) A maximum of three (3) of the lots shall have garages facing south towards Hwy
6.
O. Storage
1) Trailers, campers (whether on a truck or one which can be towed), snowmobiles,
boats, and related recreational equipment, snow removal equipment shall be
stored inside the residence or its garage. Outside storage of this equipment is
prohibited.
2) Storage of construction equipment or materials not for immediate use on the lot
pursuant to a Residential Building Permit or County approved Subdivision
Improvements Agreement is not allowed.
P. Open Space / Landscaping
1) A minimum of 25% of the project shall remain as designated open space. This
open space area shall either be retained in its natural, undisturbed condition, or
shall be planted with a variety of landscaping materials approved by the Design
Review Board. The initial landscaping of the buffer along Highway 6 shall be
installed by the developer. The landscape plan for this area shall be approved by
Eagle County and included in the Subdivision Improvements Agreement for this
Planned Unit Development.
5
C
2) The open space areas will be as designated on the approved final plat for the
project.
3) Landscaping materials are required throughout the project for the non - impervious
areas. This will help to control erosion, drainage, and other physical damage to
the property, as well as provide for the visual enhancement of the project site.
The Design Review Board shall provide a landscaping material list to all owners.
4) The Property Owners Association shall be responsible for the maintenance of the
following areas as shown on the Final Plat of the Logan Park Planned Unit
Development:
a. Common Parcel located along Highway 6.
b. Open Space Easement located along the Eagle River.
1. Area A of Open Space Easement, encompassing the heavily
vegetated south bank of the Eagle River, which shall be maintained
in its natural conditions.
2. Area B of the Open Space Easement, encompassing the bench
above the river, which may receive landscape treatment approved
by the Design Review Board.
All drainage easements.
5) Each lot owner will be responsible for installation of all landscape materials on
each lot and the maintenance of landscape materials not specifically the
responsibility of the Property Owners Association as stated above.
Q. A Property Owners Association shall be created representing the owners of each of the
five lots within the Logan Park Planned Unit Development. Each lot owner will have
one vote. The Property Owners Association shall create a Design Review Board
responsible. for - reviewing all plans for signage, construction and landscaping within the
Planned Unit Development.
R. Where this'Planned Unit Development Guide is not full and explicit, the Eagle County
Land Use Regulations, as amended from time to time, shall apply.
0
