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HomeMy WebLinkAboutR96-100 amendment to The Homestead PUD Filing 3• Commissioner ~ ~' ~ roved adoption of the following Resolution: ry,~ BOARD OF COUNTY CO1~II~SISSIONERS :J ! ,~''y COUNTY OF EAGLE, STATE OF COLORADO W RESOLUTION NO. 9~- /~U APPROVAL OF AN AMENDMENT THE HOMESTEAD PLANNED UNIT DEVELOPMENT, FILING 3 FILE NO. PD-141-96-A1 ~~_o f WHEREAS, on or about May 15, 1996, the County of Eagle, State of Colorado, accepted for filing an application submitted by Gordon Chicoine for Elk Meadows Development (hereinafter "Applicant") for amendment of Filing 3 of The Homestead Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD"), File No. PD-141-96-A1; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of allowing a clubhouse facility on Lot 5; 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 June 19, 1996, the Planning Commission, based upon its findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its public meeting hearing of July q, 1996, 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 Planned Unit Development is consistent with the efficient development anc~ r! preservation of the entire PUD. 2. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon 596620 1i-70U Y-631 07/25/96 12:501' 1'G 1 Ub' 8 1Z~:C llUC Sara J. Fisher ~;a~le County Clerk & Recorder U.OU or across t street from the PUD or t: y~ublic 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 COUN'PY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Elk Meadows Development for amendment of Filing 3 of The Homestead 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, State of Colorado, at its regular meeting held the ~~~ day of ~' 19,~, nunc pro tunc to the 9th day of July, 1996. ~~ _~~,,_ ~, d r a S ~• a ~.r;.r~,' ~ ~~ r COUNTY OF EAGLE , STATE OF COLORADO , By ~, - `=,~,~, ; and Through Its BOARD OF COUNTY ''''"`~ ', ,_ COMMISSIONERS ATTEST ~ ~ ~~! BY• 1 ~ ~~ Sara J. Fisher d / Clerk of the Board of County Commissioners BY: George OA. Gates, Chairman BY: ohnn~e~Phillips, Commis Toner ... s E. John~n, Jr., mmissioner Commissioner ~~(~I"1vZ~lc~~~' seconded ado tion of the P foregoing Resolution. The roll having been called, the vote was as follows : ~~ Commissioner Johnnette Phillips ~- Commissioner George A. Gates C Commissioner James E. Johnson, Jr. This Resolution passed by ~~/~lliLC~~7C~164vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 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 Sec ion 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. ti n 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 use permit by the Board of County 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. ecti n "Declarant" shall mean and refer to W.P.I. 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. i n "Si Family Lot" shall mean and refer to a which may be used solely for residential purposes and m which not more than one building .,ontaining 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 each 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 "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. Se ion "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. Section 13. "Recreational Area" shall mean and refer to buildings or structures located within the Common Area to be used by the unit owners as recreational space. This space would generally be used for, but not limited to, private parties, meetings, classes and other group functions by unit owners within that lot. It would not necessarily be open to the general public; nor be used in any way as living space. These buildings or structures must still be compliance with Article II, Section 2 -Use Restrictions. ARTICLE II USE REGULATIONS i n 1. Land Uses. The Lots in the Properties fall within the following land use categories: F.A.R. Recreational F.A.R. Lot ~ Units . Ft Area ~ ~ ni Ste. 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 1,000 sq ft. 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 3,189 52 Duplex 2 6,181 Section 1 a. Recreational Land Uses. Lot 5, Filing 3, exclusively, will be allowed to build and maintain a Clubhouse & Pool Mechanical Room of 1000 sq. feet for use as Recreational Area. Section 2. Use Restrictions. Each Lot shall be subject to the following maximum site use limitations: Single Family Duplex Tri-plex Fur- ex Multi-Family Maximum Building Footprint 35% 35% 40% 40% 40% Maximum Coverage with Impervious Materials 55% 55% 60% 60% 60% 'on ks. 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 1/2) feet from any other property line of a Lot. e tion 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-~ vithin the Properties clear and unob:~ ed. Further, all grading on a Lot shall be done with a m um of disruption to the Lot and shall n... _rain 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. AccessorkStructures. 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. Sec i n 6. P rkin 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. i n 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. e tion 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 ction .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 1 of Article II above and the definitions set forth in Article I above. Section 5. Anima. 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 compliance with all existing applicable local ordinances. No horses 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 y time prior to its being fully comple 'n accordance with approved plans, nor shall any Dwelli nit when completed be in any manne. _ccupied 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. e i 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 .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. ion 9. No Hazardou 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. Se i n 1 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. ili ies. 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. ARTICLE IV GENERAL PROVISIONS ion 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 covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. c ion 2. SeverabilitX. 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. i n Durat' Revocation and Amendm nt. Eac ~d every provision of these Guidelines shall run with a ind the land for a term of twenty (20) , _ _rs 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.