HomeMy WebLinkAboutR95-124 amendment to Homestead Filing 3 PUD PD-141-94-A4Commissioner moved adoption
of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95 - 14!�
APPROVAL OF AN AMENDMENT TO
THE HOMESTEAD, FILING 3,-PLANNED UNIT DEVELOPYvNT
FILE NO. PD- 141 -94 -A4
WHEREAS, on or about August 1, 1995, the County of Eagle, State of
Colorado, accepted for filing an application submitted by Andy Wallace,
as President of Aspen Glen at Homestead Investors, Inc. (hereinafter
"Applicant ") for amendment to the Homestead Planned Unit Development,
Filing 3, Eagle County, Colorado (hereinafter the "PUD"), File No.
PD- 141- 94 -A4;
and
WHEREAS, the Applicant requested the amendment of the PUD for the
purposes vacating two (2) lots;
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 Planning
Commission and the Board of County Commissioners of County of Eagle,
State of Colorado (hereinafter the "Board ");
and
WHEREAS, at its public meeting held Septemmeb 20, 1995 the Planning
Commission, based upon its findings, recommended of the proposed PUD
Amendment;
and
WHEREAS, at its public meeting hearing of October 3, 1995, the Board
considered the PUD Amendment application, associated plans and the
statements and concerns of the Applicant and the Eagle County staff.
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 Board finds as
follows:
1. The proposed amendment to the Homestead, Filing 3, Planned Unit
Development is consistent with the efficient.development and
preservation of the entire PUD.
574467 B -678 P -456 10/17/95 03:53P PG 1 OF 8 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
'f
2. The proposed amendment' does not affectin a substantially
adverse manner either the enjoyment of the land abutting upon
or across the street from the PUD or the public interest.
3. The proposed amendment shall not solely confer a special
benefit upon any person.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by Aspen Glen at Homestead
Investors, Inc. for amendment of the Homestead, Filing 3, Planned Unit
Development be and is hereby approved.
The Board 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 the
County of Eagle, 6r4) tote of Colorado, at its rg �..._
gular meeting held the Z
day of , 19�, nunc pro tunc to the 3rd
day of October, 1995.
COUNTY OF EAGLE, STATE OF COLORADO, By
and Through Its BOARD OF COUNTY
BY:
George A. Gates, Commissioner
Commissioner seconded adoption of the
foregoing Resolution. 9ffie roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr_,___ �_
Commissioner Johnnette Phillips
Commissioner George A. Gates
This Resolution passed by c: - 0 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
E
PLANNED UNIT DEVELOPMENT GUIDELINES
OF
THE HOMESTEAD, FILING #3
WITNESSETH:
WHEREAS, Declarant is the owner of that certain real property in the County of Eagle,
State of Colorado, which is described as The Homestead - Filing No. 3 according to the recorded
plat thereof filed under Reception No. , and recorded in map Case , Drawer
of plats.
NOW, THEREFORE, for the purpose of creating and maintaining within the above
described property conditions which are desirable and attractive, with improvements which are
safe, suitable and harmonious in architectural design and complementary to the natural
environment of said property, declarant hereby declares that all of the properties described above
shall be owned, held, sold, leased, transferred, used and conveyed in accordance with and
subject to the following easements, restrictions, covenants and conditions, all of which shall run
with the land and be binding on and inure to the benefit of all parties having any right, title or
interest in the above described properties or any part thereof, their heirs, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1 . "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Vacant Lot or Dwelling Unit which is a part of the
Properties, including contract sellers, but excluding those having such an interest merely as
security for the performance of an obligation.
Section 2 . "Properties" shall mean and refer to that certain real property described
above, together will such additions thereof as may hereafter be brought within the jurisdiction of
the Association in accordance with the terms and provisions of this Declaration.
Section 3 . "Common Area" shall mean and refer to all real property (including the
improvements thereto) owned by the Association for the common use and enjoyment. of the
Owners. The Common Area to be owned by the Association at the time of conveyance of the
first Lot is described on the Final Plat of The Homestead - Filing No. 3. Roadways and
sidewalks for pedestrian and vehicular uses and underground utility lines, and fixtures and
devices used or useful in the operation of said utility lines, may be constructed, operated and
maintained over, through and across the Common Areas. Buildings to be used by utilities, fire
departments, and other public agencies may be constructed on Common Areas upon approval
of the Design Review Committee. Residential Dwelling Units located in public facilities for public
employees are acceptable on Common Areas, subject to approval of the Design Review
Committee and the granting'of a special permit the Board of Commissioners of
Eagle County, Colorado, or other successor governmental authority.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map including all or a portion of the Properties, with the exception of (a) the
Common Area, (b) private tracts as so .described on the plat of The Homestead - Filing 3, and
(c) Private Open Space as so designated on said plat.
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Section 5. " shall mean and refer to W. C Partnership No. 2, Ltd., a
Colorado Limited Partnership, and only successor or assign as may hereafter be designated by
Declarant by a written instrument duly recorded in the office of the Clerk and Recorder of Eagle
County.
Section 6. "Single Family Lot" shall mean and refer to a Lot which may be used solely
for residential purposes and upon which not more than one building containing not more than one
Dwelling Unit, together with not more than one garage /accessory building, may be constructed,
as so designated on a recorded plat of all or a part of the Properties.
Section 7 . "Duplex Lot" shall mean and refer to a Lot which may be used solely for
residential purposes upon which not more than one building containing not more than. two
Dwelling Units sharing a common wall which comprises of at least ten percent of the linear
measurement of the perimeter of Pach unit, together with not more. than one garage or accessory
building per dwelling unit, may be constructed, as so designated on a recorded plat of all or a part
of the Properties.
Section 8. "Tri -plex Lot" shall mean and refer to a Lot which may be used solely for
residential purposes upon which not more than one building containing not more than three
Dwelling Units, together with not more than one garage or accessory building per dwelling unit,
may be constructed, as so designated on a recorded plat of all or a part of the Properties.
Section 9. "Four -plex Lot" shall mean and refer to a Lot which may be used solely for
residential purposes upon which not more than one building containing not more than four
Dwelling Units, together with not more than one garage or accessory building per dwelling unit,
may be constructed, as so designated on a recorded plat of all or a part of the Properties.
Section 10. "Multi- family Lot" shall mean and refer to a Lot which may be used solely
for residential purposes upon which may be constructed a building or buildings to be used for
multi- family residential purposes (condominiums, townhouses, apartments or other comparable
uses), providing that the total number of Dwelling Units to be constructed on a particular Multi -
Family Lot shall not exceed the number of Dwelling Units allowed for such Lot on the recorded
plat designating such Lot.
Section 11. "Dwelling Unit" shall mean and refer to one or more rooms in a building
designed to be used and occupied by one family living independently of any other family, having
not more than one kitchen and cooking facility, to be used solely for residential purposes.
Section 12. "Community Park" shall mean and refer to a parcel so designated on a plat
of all or a part of the Properties, which shall be Common Area and may be used for recreational
or child daycare facilities and structures, both publicly and privately owned proved that such
facilities are available to the public, or commercial uses oriented specifically to recreational
facilities such as restaurant, sports equipment sale or rent, and the like. Said commercial uses
are limited to one building and the sale of equipment is limited to athletic equipment used in said
building. In addition, buildings to be used by utilities, fire departments and other public agencies
may be constructed on a Community Park upon approval of the "Design Review Committee.
Residential Dwelling Units located in public facilities for public employees are acceptable on a
Community Park, subject to approval of the Design Review Committee and the granting of a
special use permit by the Board of County Commissioners of Eagle County, Colorado, or other
successor governmental authority.
ARTICLE II
USE REGULATIONS r
Section 1 . Land Uses The Lots in the Properties fall within the following land use categories:
Section 2 .. Use Restrictions Each Lot shall be subject to the following maximum
site use limitations:
Single Family Duplex Tri-plex Four -olex Multi - Family
Maximum Building
Footprint 35% 35% 40% 40% 40%
Maximum Coverage with
Impervious Materials 55% 55% 60% 60% 60%
Section 3 . Setbacks No building or other structure shall be located closer than twenty -
five (25) feet from a road right -of -way nor closer than twelve and one -half (12 112) feet from any
other property line of a Lot.
Section 4 . Drainage and Grading All plans and specifications for the construction of
improvements on a Lot, and the actual construction of such improvements, shall maintain all
drainage easements and rights -of -way within the Properties clear and unobstructed. Further, all
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F.A.R.
F.A.R.
Lot
Use
Units
Sq. Ft
Lot
Use
Units
Sa. Ft.
1
Multi- family
36
55,800
27
Single Family
1
2,705
2
Multi- family
32
49,600
29
Single Family
1
2,810
3
Multi- family
14
21,000
29
Single Family
1
2,810
4
Multi- family
7
12,950
30
Single Family
1
2,600
5
Multi- family
35
54,250
31
Single Family .
1
- 2,404
6
Multi- family
19
29,450
32
Single Family
1
2,522
7
Multi- family
10
15,250
33
Single Family
1
3,071
8
Multi- family
24
35,725
34
Single Family
1
3,071
9
omitted per
PD-314-95-A4
35
Single Family
1
2,744
10
omitted per
PD- 314 -95 -A4
36
Multi- family
44
66,000
11
Four -plex
4
7,600
37
Duplex
2
6,442
12
Duplex
2
7,148
38
Duplex
2
4,169
13
Duplex
2
7,527
39
Duplex
2
4,900
14
Duplex
2
6,377
40
Duplex
2
5,306
15
Duplex
2
7,357
41
Tri -plex
3
5,700
16
Duplex
2
7,619
42
Tri -plex
3
5,700
17
Four -plex
4
7,600
43
Tri -plex
3
5,700
18
Duplex
2
6,717
44
Duplex
2
6,312
19
Duplex
2
5,240
45
Duplex
2
5,044
20
Duplex
2
5,188
46
Duplex
2
3,581
21
Duplex
2
5,123
47
Duplex
2
4,613
22
Duplex
2
6,743
48
Duplex
2
5,724
23
Duplex
2
6,103
49
Duplex
2
3,933
24
Duplex
2
10,271
-50
Duplex
2
4,116
25
Duplex
2
3,894
51
Duplex
2
4,744
26
Single Family 1
3,189
52
Duplex
2
6,181
Section 2 .. Use Restrictions Each Lot shall be subject to the following maximum
site use limitations:
Single Family Duplex Tri-plex Four -olex Multi - Family
Maximum Building
Footprint 35% 35% 40% 40% 40%
Maximum Coverage with
Impervious Materials 55% 55% 60% 60% 60%
Section 3 . Setbacks No building or other structure shall be located closer than twenty -
five (25) feet from a road right -of -way nor closer than twelve and one -half (12 112) feet from any
other property line of a Lot.
Section 4 . Drainage and Grading All plans and specifications for the construction of
improvements on a Lot, and the actual construction of such improvements, shall maintain all
drainage easements and rights -of -way within the Properties clear and unobstructed. Further, all
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grading on a Lot shall b ' ne with a minimum of disruption to thG111 t and shall not drain surface
water to adjoining Lots unless along a natural drainage path, nor shall grading cause soil erosion.
Grading shall be confined to each Lot, and shall be subject to review by the Eagle County
Department of Community Development.
Section 5 . Accessory Structures The use of detached garages and accessory structures
or out - buildings is discouraged, and the use of shall be permitted only if the Eagle County
Department of Community Development determines that such use represents the best solution
for a particular set of circumstances.
Section 6 . Parking No parking will be permitted along public or private roads. Off - street
parking shall be provided based upon Eagle County parking standards in effect at the time a
building permit is issued. All campers, trailers, boats and similar recreation vehicles must be kept
in a fully enclosed storage area screened from public view. All parking areas and driveways shall
be asphalt, concrete or other hard surface approved by the Eagle County Engineer.
Section 7 . Landscaping A landscaping plan shall be submitted to and approved by Eagle
County prior to the Issuance of a building permit for any Lot.
ARTICLE III
RESTRICTIONS
Section 1 . General Plan It is the intention of the Declarant to establish and impose
a general plan for the improvement, development, use and occupancy of the Properties which
shall be binding on and inure to the benefit of the Owners of the Properties, all thereof in order
to enhance the value, desirability and attractiveness of the Properties and to subserve and
promote the sale thereof.
Section 2. Restrictions Imposed The Declarant hereby declares that all of the
Properties shall be held and shall henceforth be sold, conveyed, used, improved, occupied,
owned, resided upon
Section 3 Use of Common Area
A. No use shall be made of the Common Area which will in any manner violate the
statutes, rules or regulations of any governmental authority having jurisdiction over the Common
Area.
B. The use of the Common Area shall be subject to such rules and regulations as may
be adopted from time to time by the Board of Directors of the Association.
C. No use shall ever be made of the Common Area which will deny ingress and egress
to those Owners having access to Lots only over Common Area and the right of ingress and
egress to said Lots by vehicle and otherwise is hereby expressly granted.
Section 4 . Use No Lot shall be used for any purpose other than that allowed for such
particular Lot in accordance with the categories set forth in Section 'of Article II above and the
definitions set forth in Article I above.
Section 5 . Animals No cattle, sheep, goats, pigs, rabbits, poultry, or other animals of any
description shall be kept or maintained on any Lot, except that Owners may keep not more than
two dogs, cats, or other domestic animals which are bona fide household pets so long as such
pets are not kept for commercial purposes and do not make objectionable noises or otherwise
constitute a nuisance or inconvenience to any of the residents of adjacent property, and in
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compliance with all exis _.' applicable local ordinances. No hor ,shall be kept or maintained
on any lot.
Section 6 . Temporary Structures No temporary house, trailer, tent, garage, or outbuilding
shall be placed or erected upon any Lot, and no Dwelling Unit placed or erected upon any lot
shall be occupied in any manner at any time prior to its being fully completed in accordance with
approved plans, nor shall any Dwelling Unit when completed be in any manner occupied until
made to comply with all requirements, conditions and restrictions herein set forth; provided,
however, that during the actual construction or alteration of a building on any Lot, necessary
temporary buildings for storage of materials may be erected and maintained by the person doing
such work. The work of constructing, altering or remodeling any building on any part of any Lot
shall be pursued diligently from the commencement thereof until the completion thereof.
Section 7 . Miscellaneous Structures No advertising, billboards or signs of any character
shall be erected, placed, permitted or maintained on any Lot unless the prior, written consent of
the Eagle County Department of Community Development has first been obtained.
Section 8 . Underground Utility Lines All electric, television, radio, telephone and other
utility line installations and connections from an Owner's property line to a residence or other
structures shall be placed underground, except that during the construction of a residence, the
contractor or builder may install a temporary overhead utility line which shall be promptly removed
upon completion of construction.
Section 9 . No Hazardous Activities No activities shall be conducted on the Properties
or on improvements constructed on the Properties which are or might be unsafe or hazardous to
any person or property. Without limiting the generality of the foregoing, no firearms shall be
discharged upon any of the Properties and no open fires shall be lighted or permitted on the
Properties except in a contained barbecue unit while attended and in use for cooking purposes
or within a safe and well- designed interior fireplace or except such campfires or picnic fires on
property designated for such by the Association.
Section 10 . Height Restrictions No- structure shall be erected or maintained on any Lot
which is in excess of thirty -five (35) feet in height. Height shall be the vertical distance of the
structure measured from the lowest point of a finished grade on the Lot within two (2) feet of the
structure to the uppermost point of the structure. Chimneys, if allowed, shall be excluded in
determining the height of a structure.
Section 11 . Fireplaces No more than one fireplace or wood burning stove will be allowed
in each Dwelling Unit; and all fireplaces and wood burning stoves must be of any energy efficient
design.
Section 12 . Driveways. No more than one connection for vehicular access to a public
street shall be allowed for each Single Family Lot, Duplex Lot, Tri-plex or Four -plex Lot unless
the Eagle County Engineer specifically determines that additional connection are desirable.
Section" 13 . ' Utilities . - Each Dwelling Unit shall connect with the water and sanitation
facilities of the Edwards Water District and the Upper Eagle Valley Sanitation District, and no
private wells or private sewage systems shall be allowed on the Properties.
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ARTICLE IV
GENERAL PROVISIONS
Section 1 . Enforcement The Board of County Commissioners of Eagle County, Colorado
or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, by the provisions of these Guidelines. Failure by the Board of County Commissioners
of Eagle County, Colorado or by any Owner to enforce any revenant eF restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2 . Severability Invalidation of any of these covenants or restrictions by
judgement or court order shall in no way affect or limit any other provisions which shall remain
in full force and effect.
Se ction 3 Duration Revocation and Amendment Each and every provision of these
Guidelines shall run with and bind the land for a term of twenty (20) years from the date of
recording of these Guidelines, after which time these Guidelines shall be automatically extended
for successive periods of ten (10) years each. These Guidelines may be amended or revoked
by an instrument approved in writing by the Board of County Commissioners of Eagle County,
Colorado. Such amendment or revocation shall be effective when duly recorded; provided,
however, that any amendment or revocation must comply with the Statutes of Colorado and the
resolutions and ordinances of the County of Eagle, Colorado.
APPROVED this /may of 0444w, , 1995.
The 4regoing instrumeft was acknowledged before me thi /P% of 50 , 196 by
,has Clerk of the Board of County Com . sioners of Eagle County, Colorado.
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