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HomeMy WebLinkAboutR84-55 PUD for Homestead Filing 3J/ Commissioner Z2? 7`7_ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84 -55 292283 P iQ9 JOHNNETT€ PHILLIPS EAGLE CTY. I.ECOFDER OCT 1 9 26 AP. '04 PLANNED UNIT DEVELOPI4ENT PLAN FOR THE HOMESTEAD, FILING N0. 3 WHEREAS, WPI Partnership No. 2, Ltd., a Colorado limited partnership (hereinafter the "Developer "), it the beneficial owner of all that real property within that certain development denominated The Homestead, Filing No. 3, a replat of Lots 1 - 52, inclusive, and Tracts C, E, G, I, L, M, N, P and Q, inclusive, Edwards Village (also known as Edwards Village Residential), according to the Final Plat thereof recorded October 29, 1981, in Book 331 commencing at Page 334 of the Eagle County, Colorado, real property records; and WHEREAS, pursuant to Section 2.06.13 of the Eagle County Land Use Regulations, 1982, as amended, and the Planned Unit Develoment Act of 1972, Section 24 -67 -101, et seq., C.R.S., the Developer requested and received approval from the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), for the establishment and development Of The Homestead, Filing No. 3, as a Planned Unit Development; and WHEREAS, pursuant to the aforementioned Land Use Regulations and Act, and as a condition of the Board's approval Of The Homestead, Filing No. 3, as a Planned Unit Development, the Developer was required to submit for the Board's consideration and approval a Planned Unit Development Plan for the purpose of defining and establishing the limitations, restrictions and land uses governing the development of The Homestead, Filing No. 3; said Planned Unit Development Plan being set forth in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the Board, having reviewed the Planned Unit Development Plan for The Homestead, Filing No. 3, does hereby resolve as follows. f NOW, 'THEREFORE, BE I'T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby approves the Planned Unit Development Plan for The Homestead, Filing No. 3, as set forth in Exhibit A as the plan governing the development of The Homestead, Filing No. 3. THAI, the Planned Unit Development Plan for The Homestead, Filing No. 3, set forth in Exhibit A, shall not be amended, modified, removed nor released except in accordance With the provisions contained therein. THAT, a copy of this Resolution and the Planned Unit Development Plan for The Homestead, Filing No. 3, set forth in Exhibit A shall be recorded in the real property records of the County of Eagle, State of Colorado. THAT, this Resolution is necessary and for the benefit of the health, safety and welfare of the citizenry of the county Of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count - or Eagle, State of Colorado, at its regular meeting held the day of September, 1934. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS By.- By: /l/• ! o Clerk of th Boar of W. Keith Troxei, Chairnan County Commissioners i1 d E. Mott, Commissioner Dan Williams, Commissioner- -2- Commissioner (�l�tS�f -dJyS" seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner W. Keith Troxel Commissioner David E. Mott Commissioner Dan Williams i This Resolution adopted by 616W hdu c vote of the Board of County Cominissioners of the County of Eagle, State of Colorado. -3- EXHIBIT A f PLANNED UNIT DEVELOPMENT GUIDELINES OF THE HOMESTEAD - FILING NO. 3 THESE GUIDELINES are made and entered into this 00 day of �' 1984, by WPI PARTNERSHIP NO. 2, LTD., a Colorado Limited Partnership, hereinafter re Ce rr ed to as "Declarant ". 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 covenants and transferred, used and conveyed in accordance with and subject to the following easements, restrict ions, conditions, all of which shall run with the land and be binding on and inure to the Dcovena 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 located on a Lot 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 with 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 theret of 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 the conveyance of the first Lot is described on the final plat for 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 No. 3, and (c) Private Open Space as so designated on said plat. Section 5. "Declarant" shall mean and refer to W.P.I. Partnership No. 2, Ltd., a Colorado Limited Partnership, and any 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, Colorado. 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 nr` 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 and upon which not more than one building containing not more than two Dwelling units, sharing a common wall which comprises of at least 10 percent of the linear measurement of the perimeter of each unit, together with not more than one garage /accessory building, may be constructed, as so designated on a recorded plat of all or part of the Properties. Section 8. "Tri -plex 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 three Dwelling units, together with not more than one garage /accessory building, may be constructed, as so designated on a recorded plat of all or part of the Properties. Section 9. "four -plea 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 four Dwelling Units, 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 10. "Multi- family Lot" shall mean and refer to a Lot which may residential purposes, upon which may be constructed a building or buildins to be usebe used solely for g d for multi - family residential purposes (condominiums, townhouses, apartments or other comparable uses), provided 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 occup ed by one family living independently of any other family, having not more than one kitchen and cooking facility, to be used solely for residential occupancy. 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, provided 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 Section 1. Land Uses. The Lots in the Properties fall within the following land use categories: FAR Lot Use Units Sq.Ft. FAR Lot Use Units Sq.Ft. 1 Multi- family 36 55800 27 Single Family 1 2705 2 Multi- family 32 49600 28 Single Family 1 2810 3 4 Multi- family 14 21000 29 Single Family 1 2810 5 Multi- family 7 12950 30 Single Family 1 2600 6 Multi - family 35 54250 31 Single Family 1 2404 Multi- family 19 29450 32 Single Family 1 2522 7 8 Multi- family 10 15250 33 Single Family 1 3071 Multi- family 13 19175 34 Single Family 1 3071 9 10 Multi- family Four -plex 7 4 10150 6400 35 36 Single Family Multi 1 2744 11 Four -plex 4 7600 37 - family Duplex 44 2 66000 6442 12 Duplex 2 7148 38 Duplex 2 4169 13 14 Duplex 2 7527 39 Duplex 2 4900 15 Duplex Duplex 2 2 6377 7357 40 41 Duplex 2 5306 16 Duplex 2 7619 42 Tri -plex Tri -plex 3 3 5700 5700 17 18 Four -pl ex 4 7600 43 Tri -pl ex 3 5700 Duplex 2 6717 44 Duplex 2 6312 19 Duplex 2 5240 45 Duplex 2 5044 20 21 Duplex Duplex 2 2 5188 5123 46 47 Duplex Duplex 2 3581 22 Duplex 2 6743 48 Duplex 2 2 4613 5724 23 24 Duplex Duplex 2 2 6103 10271 49 50 Duplex Duplex 2 3933 25 26 Duplex 2 3894 51 Duplex 2 2 4116 4744 Single Family 1. 3189 52 Duplex 2 6181 Section 2. Use Restrictions. Each Lot shall be subject to the following maximum site use s._ limitations: e Areas of upper floor overhang or projections less than seven feet above finish grade shall be included in calculating site coverage. 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 -1/2) 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 grading on a Lot shall be done with a minimum of disruption to the Lot 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 same 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. -2- Single Family Duplex Tri -Plex Fourplex Multi - Family Lots Lots tLots Lots Lots *Maximum Building Footprint .35 .35 .40 .40 .40 Maximum Coverage with Impervious Materials .55 .55 .60 .60 .60 e Areas of upper floor overhang or projections less than seven feet above finish grade shall be included in calculating site coverage. 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 -1/2) 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 grading on a Lot shall be done with a minimum of disruption to the Lot 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 same 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. -2- 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 and hypothecated upon and subject to the following provisions, conditions, limitations, restrictions, agreements and covenants. 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 7 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 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 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. Het ht Restrictions. No structure shall be erected or maintained on any Lot which is in excess of thirty -five 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 buring stove will be allowed in each Dwelling Unit, and all fireplaces and wood burning stoves must be of an 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 connections are desirable. Section 13. Utilities. Each Dwelling Unit shall connect with the water and sanitation facilities of the dE wards Water District and the Upper Eagle Valley Sanitation District, and no private wells or private sewage systems shall be allowed on the Properties. -3- _j 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, covenants, reservations, liens and charges now or hereafter imposed 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. Section 2. Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect or limit any other provisions which shall remain in full force and effect. Section 3• Duration, revocation and Amendment. Each and every provison 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. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has heretunto set its hand and seal as of the day and year first above Written. ss stant se cretary STATE OF COLORADO ) ) SS. ,COUNTY OF EAGLE ) 11 1 WPI PARTNERSHIP NO. 2, LTD., a Colorado Limited Partnership WARNER PROPERTIES, INC., General Partner eyoC!!! tlent The foregoing instrument was acknowledged before me this -�C7v day or 1904, by Robert Warner, Jr., President and Dennis Gelvin, Assistant Secretary of Warner Properties, Inc., General ,Partner of WPI PARTNERSHIP NO. 2, LTD. Witness my hand and official seal. My commission expires: Notary Public APPROVED this day of t �r��K+f , 1984, BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, CO1O��LORADO By:�- /'�" � -4-