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-
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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.
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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.
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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.
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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.
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_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:�- /'�" �
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