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HomeMy WebLinkAboutR00-137 amendment to Red Rock Ranch PUD3 � t Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - A RESOLUTION APPROVING AN AMENDMENT TO THE RED ROCK RANCH PLANNED UNIT DEVELOPMENT Eagle County File No. PDA -00029 WHEREAS, on or about July 20, 2000, the County of Eagle, State of Colorado, accepted 1 for filing an application submitted by the Red Rock Ranch Homeowners Association, (hereinafter "Applicant ") for amendment of the Red Rock Ranch Planned Unit Development located near El Jebel, Colorado (hereinafter the "PUD "), Eagle County File No. PDA- 00029; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the PUD Guide to increase the maximum floor area on Lots 1 through 4 of the Red Rock Ranch PUD from 4,000 square feet to 5,000 square feet; and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Roaring Fork Valley Regional Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meeting held September 7, 2000, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval, with a condition, of the proposed PUD Amendment; and WHEREAS, at its public meeting of September 18, 2000, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff, and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: 11111111111111111111111111111111111111111111111111111111111 IN 741405 10/11/2000 04:27P 370 Sara Fisher 1 of 14 R 0.00 D 0.00 N 0.00 Eagle CO 0 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 The title to all land that is part of this PUD IS NOT owned or controlled by one (1) person. HOWEVER, the Applicant is the Red Rock Ranch Homeowners Association, which is comprised of all the property owners within the PUD. 2. Uses 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 the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 3. Dimensional Limitations The dimensional limitations that shall apply to the PUD ARE NOT those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. However, a variation MAY be granted as part of the approval of this PUD Amendment. 4. Off - Street Parking and Loading It HAS previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The proposed PUD Amendment WILL NOT adversely effect the adequacy of the existing off - street parking and loading. Landscaping Landscaping provided in the approved PUD Preliminary Plan DOES comply with the standards in effect at the time the Preliminary Plan was approved. The proposed PUD Amendment DOES NOT impact existing landscaping nor require additional landscaping. 6. Signs The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations 7. Adequate Facilities It HAS previously been found that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical services. 2 C C Improvements It HAS previously been found that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect improvements 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. The proposed PUD Amendment WILL NOT adversely affect this compatibility. 10. Consistency with Master Plan The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment WILL NOT adversely affect the consistency with the Master Plan. 11. Phasing. A phasing plan IS NOT required for this PUD Amendment. 12. Common Recreation and Open Space It has previously been found that the development DOES comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect common recreation and open space within the PUD with respect to: a. Minimum area; b. Improvements required; C. Continuing use and maintenance; or d. Organization. 13. Natural Resource Protection It HAS previously been found that the recommendations made by the applicable analysis documents were considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect natural resources. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: 3 3 C The PUD Amendment IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). 2. It HAS previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment DOES NOT create any non - compliance with any provisions of the current Land Use Regulations. 3. It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment DOES NOT adversely affect the spatial patterns in the area. 4. It HAS previously been found that the site was suitable for development. The proposed PUD Amendment DOES NOT alter the suitability of the property. 5. It HAS previously been found that the development was compatible with other development in the area. The proposed PUD Amendment WILL NOT adversely effect the compatibility of the resulting development with surrounding uses. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to Preliminary Plan for PUD It HAS been demonstrated that the proposed PUD Amendment is consistent with the efficient development and preservation of the entire Planned Unit Development; 2. It been demonstrated that the proposed PUD Amendment does not affect 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; and 3. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.2.a.(8) Initiation Applicant HAS submitted a PUD Guide that demonstrates that the requirements of this Section are fully met. N 0 C1111 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by the Red Rock Ranch Homeowners Association for amendment of the Red Rock Ranch Planned Unit Development be and is hereby granted with the following condition that the PUD Guide be amended to include the following provision: For Lots 1 through 4, the permitted floor area in excess of 4,000 square feet is limited to space above the garage, must result in no change in building footprint or building height, and will result in no additional permitted uses; M THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and dated September 18, 2000 and attached hereto as Exhibit "A "; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby fmds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of Co Commissioners the County of Eagle, State of Colorado, at its regular meeting held the day of a26- , 2000, nunc pro tunc to the 18` day of September, 2000. Michael L. Ga Commissioner 5 C C J (�/Johnnette Phillips Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the v e was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Johnnette Phillips This Resolution passed by ( . a vote of the Board of County Commissioners of the County of Eagle, State of Colorado. C RED ROCK RANCH SUBDIVISION PUD GUIDE September 18, 2000 1. Uses Permitted a.. Agricultural including farm, garden, non- retail greenhouse or nursery., orchard, ranch, and customary accessory uses including outbuilding for shelter and enclosure of animals or property employed in any of the above uses; b.• Single - family dwelling and accessory building for shelter and /or enclosure of animals or property accessory to use of the lot for residential purpose and fences, hedges, gardens, walls and similar landscape features; C. Greenbelt; d. Park; e• Ponds for irrigation and recreation purposes; f. Water diversion structures, ditches, pipeline structures and pump -house engineered to convey water for irrigation 2. Prohibited Uses All uses not listed as permitted uses are prohibited. 3. Minimum Setbacks All buildings shall be restricted to the residential and barn building envelopes on the Preliminary Plat with the exception of the renovation /reconstruction of the two farm buildings on Lot 5 and the potato cellar on Lot 3. 4. Maximum Floor Area Maximum Floor Area constructed on each lot shall be limited by Table 3. Refer to Section 12, Architectural Guidelines, for additional restrictions. � r TABLE 3 RED ROCK RANCH SUBDIVISION MAXIMUM FLOOR AREA* Lot Residence Attached_Garage Barn /Agricultural Building - sq. ft. sq. ft. sq. ft. 1 -4 _5.,000 0_ ____ ___ ___ ___ _____________________ 5 6,000 , 1,200 1,000 2,400 6 1000 3,000 * Floor area shall be measured pursuant- to the Eagle County Land Use Regulations. Source: Davis Horn Inc. February, 1991. 5. Maximum Height Maximum height is restricted to�28' measured from the mid- point of roof ridge line. 6. Common Open Space The subdivision shall contain 4.6 acres of usable common open spade to be maintained by the subdivision homeowners association 7. Animals The keeping of animals on each lot shall be governed by the following: A. On Lots 1 through 4, an average of three large livestock animals, to be limited to horses, cattle or llamas, may be kept on each lot. An individual lot owner of Lot 1 through 4 may keep up to four large livestock animals provided at least one of the other Lots 1 through 4 is not using their full quota of three large livestock animals. On Lots 5 and 6, large livestock animals, as defined above, shall be limited in number to not more than three per four acres of irrigated pasture. Lots 5 and 6 may not transfer their rights to keep livestock. Any Lot 1 through 6 prior to introduction of large livestock animals, shall have provided for dry -lot storage of said animals. B. A maximum of twenty poultry or fowl, including rabbits, shall be permitted, but they shall be enclosed in a pen 2 C or enclosure approved by the applicant or Homeowners' Association. C. A maximum of two dogs .may be maintained. No dog shall be permi to go upon any property not owned by the keeper g, unless the dog is accompanied by a person in full voice control of the animal's behavior or the animal -is on a leash D• A maximum of�two cats may be maintained. E. Additional small animals, such as guinea pigs or rodents may be maintained within any primary structure. 8. Water Rights and.Irrigation Ditches The Applicant owns certain .water rights for Red Rock Ranch Subdivision as follows: A. 0.873 cfs decreed to the Nash Peterson Ditch Water District No: 38 Priority No. 332 water right originall decreed for 2.62 cfs on August 25, 1936, in Civil Action - No. 3082, Garfield County District Court, with an appropriation date of September 1, 1900. B. 1.63 cfs decreed to the Nash - Peterson Ditch First Enlargement Water District No. 38 Priority No. 581 water right originally decreed for 9.0 cfs on October 24, 1952, in Civil Action No. 4022, Garfield County District Court, with an appropriation date of August 14, 1948, as later transferred to the headgate of the Home Supply Ditch in Case No. 87CW129, Water Division No. 5. C. 0.534 cfs decreed to the Home Supply Ditch Water District No. 38 Priority No. 179 water right originally decreed for 20.0 cfs on May 11, 1889, in Civil Action No. 132, Garfield County District Court, with an appropriation date of May 27, 1887. D. 0.116 cfs decreed to the Home Supply Ditch First Enlargement water right decreed for 20.0 cfs on January. 12, 1931 in Civil Action No. 2811 Garfield County District Court, with an appropriation date of May 1, 1905. These water rights, totalling 3.153 cfs, will continue to be owned by the Applicant or Red Rock Ranch Homeowners' Association. The Applicant or Red Rock Ranch Homeowners' Association shall have the authority to form a ditch company to manage the subdivision's water rights. Water rights to be allocated for use by the individual lots or group of lots in 3 C C the proportions as follows: Lots 1 through 4: , 2/7's (0.901 cfs) Lot 5: 2 /7's (0.9ol cfs) 3/7's (1.351 cfs) Each lot or group of lots' allocation is comprised of their proportionate share of each of the rights owned,by Red Rock Ranch Subdivision as set forth in A through. D above. If any water right, A through D, shall be enhanced or diminished, or if the Subdivision purchases additional rights, each lot or group of lots shall share the effect in the same proportion as their allocation of said right. Each lot or group of lots shall obtain their allocation of water from the existing ditch lateral running parallel to and along the east - boundary line of the - subdivision, and shall direct their waste water to the existing ditch lateral running Parallel to and along the west boundary line of the Subdivision. Lots 1 through 4 are authorized to recover waste water from Lots 5 and 6 the purpose of irrigating Lots 1 through ,4 and their Common Pasture. The Applicant or Homeowners' Association shall maintain both ditch laterals, including that portion of the supply ditch extending from the southeast corner of the subdivision to the Home Supply Ditch. The expenses for the maintenance of both ditch laterals, any charges levied by the Home Supply Ditch Company, and any expenses for legal services required to protect the 'subdivision water rights shall be passed on to individual lot owners in the same proportion as that for the allocation of water for the use of those lots. Inasmuch as Lots 1 through 4 have the right to use 2/7's of the total water rights owned by the subdivision, each of the owners of Lots 1 through 4 shall bear 1/14 of the aforementioned common expenses. All charges levied by the Homeowners' Association for these. expenses shall be treated as Homeowners's assessments for collection purposes. Lots 5 and 6 shall build and maintain their own ditches and a water measuring box for each lot, the location and design of this box to be approved by the Applicant or Homeowners' Association. The owners of Lots 5 and 6 shall maintain a collection ditch along the northerly boundary of each lot to direct all wastewater to the existing ditch running parallel to and along the west boundary of the subdivision. Lots 1 through 4 shall install a water measuring box to direct the flow of -water into ditches for the irrigation of Lots 1 through 4 and the common pasture appurtenant to and located to the north of Lots 1 through 4. All irrigation of Lots 1 through 4 shall be by sprinkler systems to be installed, maintained and operated by the individual lot owners. The common pasture for Lots 1 through 4 shall be flood or C C sprinkler irrigated from a ditch adjacent to the access road for Lots 1 through 4. The cost of maintaining the measuring box at the main ditch lateral, the ditch for irrigation of Lots 1 through 4, the ditch for irrigation of the common pasture and .the actual irrigation of this pasture, and landscaping and landscape irrigation on common grounds.,-to be borne equally by the owners of Lots 1 through 4. Individual lot owners shall be permitted to create ponds with subdivision irrigation water where it crosses their property. In addition to aesthetic value and.the benefits to wildlife, lot owners may.use these ponds as a reservoir for sprinkler irrigation. All ponds shall be lined with a waterproof barrier so that all water not used in sprinkler irrigation is returned to the same ditch from which it originated. The Applicant or Homeowners' Association shall, have the responsibility and authority to regulate the appropriate and efficient use of the subdivision's water rights. 9. Pasture Management Each lot owner is charged with the responsibility for the implementation of commonly accepted good pasture management practices. All subdivision lands shall be regularly irrigated whenever surface water is available, and all lands shall be either cultivated, grazed or mowed at the option of the individual lot owner. No pasture land shall be over- grazed and noxious vegetation shall be removed immediately by individual lot owners. To prevent over - grazing, no livestock shall be permitted on the irrigated pasture prior to June 1 of each year. After June 1 livestock may be grazed on the pastures provided they are rotated between the pastures and dry -lot storage to allow the pastures to revegetate. Existing ditch laterals and waste water collection ditches that run adjacent to and parallel to the perimeter of the subdivision .shall remain in their current locations to insure the continued watering of existing trees and shrubs. If, in the opinion of the Applicant or the Homeowners' Association any lot owner is not maintaining their pasture consistent with the preceding standards, the Applicant or Homeowners' Association may.intervene to correct undesirable practices and may assess the subject lot owner for all expenses incurred to implement the corrective action. The Applicant or. Homeowners' Association shall also have the authority to implement general programs to control undesirable insects and noxious vegetation and shall assess. each lot owner in the same proportion as their water allocation.- 10. Storage The Applicant or Homeowners' Association may store materials, equipment, and machines on any roadway or common lands within 5 C , - � 11. 12. Red Rock Ranch, if the items stored are used primarily for the general maintenance of the subdivision roads and open space, the construction of residential homes, or the construction and maintenance of the irrigation water system. Except for passenger- vehicles, pickup trucks, one boat and one motor home or camper, no motor vehicles, construction equipment, or heavy equipment may be stored on any lot for more than twenty -four (24) hours, unless enclosed in. a structure or opaque fence approved by the Architectural Control Authority: Construction equipment and heavy equipment may be kept on a lot for more than 24 hours provided it is currently in use for the construction of improvements on said lot. All vehicles are to be parked or stored in such a manner so as to minimize the visual impact on adjoining properties. All trash containers, storage tanks, and clothes lines shall also be enclosed in a structure or opaque fence approved by the Architectural Control Authority. Except for firewood and fuel, no materials, scrap, or building material' lot, except during construction of a Certificate of Occupancy is required, enclosure or opaque fence approved Control Authority. Architectural Control Authority lumber, metals, bulk shall be stored on any structure for which a unless stored in an by the Architectural The applicant shall be _and constitute the Architectural Control Authority until such time as it assigns or delegates the function of the.applicant to the Homeowners' Association. At that time the Architectural Control Authority shall consist of the all of the lot owners in Red Rock Ranch Subdivision with one vote to each lot. Such assignment and delegation shall occur no later than the sale by the applicant of four (4) of the lots in the Subdivision. Architectural Guidelines The Architectural Control Authority shall use its reasonable discretion in determining whether to approve or disapprove structure. In exercising such discretion, the Architectural Control Authority shall implement, to the extent reasonably feasible, the following guidelines: A. The erection of structures so as to minimize the obstruction of views from other sites. No structure shall be built more than 28 feet above the natural grade, measured at the midpoint of a sloped roof; 6 B. The preservation or enhancement of existing. natural features in the subdivision, such as trees, ground cover, and open space. On Lots 1 through 4 all. grounds south of a line connecting the. northerly corners of the residential building envelopes of each lot is to be maintained as irrigated (sprinkled) grass, trees, and shrubbery with no parking, storage or paddock areas permitted. That portion of Lot 4 to the east -of a north /south line through the east boundary of the residential building envelope may be used as individual pasture /paddock area for Lot 4; C.. The harmonization of structures with the natural setting and other structures on adjacent lots; D. The use of landscape materials that are indigenous to or existing in area; E. The use of structural materials having reduced maintenance requirements; F. The promotion of improvements that maximize the natural qualities-of each lot; G. Maximization of solar energy usage; H. .Conventional open hearth wood burning fireplaces are prohibited. Wood stoves or fireplace inserts are limited to one Environmental Protection Agency Phase II certified stove per building. There shall be no more than two certified stoves /fireplace inserts per lot. I. Within one year-of the recordation of the Final Plat, the applicant or, if sold, the owner of Lot 3 shall complete the restoration or demolition of the existing potato cellar located on Lot 3. Within one year of the recordation of the Final Plat, the applicant or, if sold, the owner of Lot 5 shall complete the restoration or demolition of those existing ranch buildings on Lot 5 which are specifically indicated as restorable on the subdivision plat.. All other existing structures on Lot 5, and the trailers on Lots 3 and 5, shall be removed within the same time period; J. All exterior lighting shall be of a type that shields direct view of the light bulb or its transparent or translucent cover beyond a radius of 100 feet from the location of the light, when measured at ground level; K. Any grass, shrubs or trees destroyed or removed due to construction shall be replaced at the expense of the individual lot owner as soon as possible after the 7