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.