HomeMy WebLinkAboutR05-053 Approval of Zone Change and Prelininary Plan for Siloam Springs PUD File No. ZC-00070 and PDP-00028
Commissioner moved adoption
of the follow g Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005- 05~
APPROVAL OF THE ZONE CHANGE AND
PRELIMINARY PLAN FOR THE
SILOAM SPRINGS PLANNED UNIT DEVELOPMENT
File No. ZC-00070 and PDP-00028
WHEREAS, on or about February 18, 2004 the County of Eagle, State of Colorado,
accepted for filing an application submitted by Richard I. and Luanne Mayne, joint tenants
representing the Thelma C. Bair Revocable Trust (hereinafter "Applicant") to request re-zoning
of the property described herein in from the Resource (R) Zone District to the Planned Unit
Development (PUD) Zone District, File No. ZC-00070, and to request approval of the
Preliminary Plan for the Siloam Springs Planned Unit Development, Eagle County File No.
PDP-00028; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development
(PUD) Preliminary Plan and a Zone Change which would allow for the development as follows:
A subdivision creating five (5) single family residential lots ranging in size from
2.8 acres to 5.0 acres on a 42.3 acre parcel located approximately 1 mile west of
Dotsero on the north bank of the Colorado River. Approximately seventeen (17)
acres would be set aside as common open space. Zoning would change from the
existing Resource (R) designation to a designation of Planned Unit Development
(PUD); and,
WHEREAS, at its public hearing held March 16, 2005, the Eagle County Planning
Commission, based on its findings, recommended approval of the proposed Zone Change from
Resource to PUD, and the proposed Preliminary Plan of the Siloam Springs Planned Unit
Development; and,
WHEREAS, a public hearing was held by the Board of County Commissioners
(hereinafter the "Board") of the County of Eagle, State of Colorado, on March 29,2005; and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for
the unincorporated areas of Eagle County, comments of the Eagle County Department of
Community Development, comments of public officials and agencies, the recommendation of
the Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado, finds as follows:
That proper publication and public notice were provided as required by law for the
hearings before the Planning Commission and the Board; and,
Pursuant to Eagle County Land Use Regulations, Section 5-240.F.3.e. Standards for
the review of a Sketch Plan and Preliminary Plan for a PUD:
1. Unified ownership or control. It IS represented that title to all land is owned or
controlled by one (1) entity.
2. Uses. The uses that may be developed in the PUD ARE uses that are designated
as uses that are allowed, allowed as a special use or allowed as a limited use in
Table 3-300, "Residential, Agricultural and Resource Zone Districts Use
Schedule" for the zone district designation in effect for the property at the time of
the application for PUD.
3. Dimensional Limitations. The dimensional limitations that shall apply to the
PUD ARE those specified III Table 3~340, "Schedule of Dimensional
Limitations", for the zone district designation in effect for the property at the time
of the application for PUD.
4. Off-Street Parking and Loading. The PUD DOES comply with the standards of
Article 4, Division 1, Off-Street Parking and Loading Standards, without a
necessity for a reduction in the standards.
5. Landscaping. The landscaping and illumination standards provided in the PUD
DOES comply with the standards of Article 4, Division 2, Landscaping and
Illumination Standards
6. Signs. No signs are proposed. However, any signs SHALL BE as provided in
Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD), of Eagle
County's Land Use Regulations.
7. Adequate Facilities. The Applicant HAS demonstrated that the development
proposed in the Preliminary Plan for PUD will be provided adequate facilities for
potable water supply, sewage disposal, solid waste disposal, electrical supply, fire
protection and roads, and will be conveniently located in relation to schools,
police and fire protection, and emergency medical services.
8. Improvements. The Applicant HAS demonstrated that the improvements
standards applicable to the development will be as specified in Article 4, Division
6, Improvements Standards.
9. Compatibility with Surrounding Land Uses. The development proposed for the
PUD IS compatible with the character of surrounding land uses.
10. Consistency with Master Plan. The PUD IS consistent with the Master Plan,
including, but not limited to, the Future Land Use Map (FLUM).
11. Phasing. A general phasing plan HAS been provided for this development.
12. Common Recreation and Open Space. The PUD DOES comply with the
common recreation and open space standards with respect to:
1. Minimum area
2. Improvements required;
3. Continuing use and maintenance; and
4. Organization.
13. Natural Resource Protection. The PUD DOES consider the recommendations
made by the applicable analysis documents available at the time the application
was submitted, as well as the recommendations of referral agencies as specified in
Article 4, Division 4, Natural Resource Protection Standards.
14. PUD Guide [Section 5-240.F.2.a.(8)] - The Applicant HAS submitted a PUD
Guide setting forth the proposed land use restrictions.
Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for
the review of a Sketch and Preliminary Plan for Subdivision:
1. Consistency with Master Plan. The PUD IS consistent with the Eagle County
Master Plan and the Future Land Use Map (FLUM) ofthe Master Plan.
2. Consistent with Land Use Regulations. The proposed subdivision DOES
comply with all of the standards of this Section and all other provisions of these
Land Use Regulations, including, but not limited to, the applicable standards of
Article 3, Zone Districts, and Article 4, Site Development Standards.
3. Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and
designed to avoid creating spatial patterns that cause inefficiencies in the delivery
of public services, or require duplication or premature extension of public
facilities, or result in a "leapfrog" pattern of development.
4. Suitability for Development. The property proposed to be subdivided IS suitable
for development, considering its topography, environmental resources and natural
or man-made hazards that may affect the potential development of the property,
and existing and probable future public improvements to the area.
5. Compatibility with Surrounding Uses. The proposed subdivision IS compatible
with the character of existing land uses in the area, and SHALL NOT adversely
affect the future development of the surrounding area.
Pursuant to Eagle County Land Use Regulations, Section 5-230.D., Standards for
determining whether to adopt, adopt with modifications, or disapprove the
proposed amendment to the Official Zone District Map:
1. Consistency With Master Plan. The proposed amendment IS consistent with the
purposes, goals, policies and FLUM of the Master Plan.
2. Compatible with Surrounding Uses. The proposed amendment IS compatible
with existing and proposed uses surrounding the subject land, and it is an
appropriate zone district for the land, considering its consistency with the purpose
and standards of the proposed zone district.
3. Changed Conditions. There ARE changed conditions that require an amendment
to modify the present zone district or its density/intensity.
4. Effect on Natural Environment. The proposed amendment DOES NOT result in
significantly adverse impacts on the natural environment, including but not limited
to water, air, noise, stormwater management, wildlife habitat, vegetation, and
wetlands.
5. Community Need. The proposed amendment DOES meet a community need.
6. Development Patterns. The proposed amendment DOES result in a logical and
orderly development pattern, DOES NOT constitute spot zoning, and CAN
logically be provided with necessary public facilities and services.
7. Public Interest. The area to which the proposed amendment would apply HAS
changed or IS changing to such a degree that it is in the public interest to
encourage a new use or density in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the petition of Richard I. and Luanne Mayne, joint tenants representing the
Thelma C. Bair Revocable Trust, for a Zoning Amendment to change from the Resource (R)
Zone Districts to the Planned Unit Development (PUD) Zone District, File No. ZC-00070, be
and is hereby approved for the following described property located in the unincorporated area
of Eagle County:
See Exhibit A, Legal Description, attached
THAT, the application for approval of the Preliminary Plan for the Siloam Springs
Planned Unit Development be and is hereby approved, subiect to compliance with the following
conditions:
1) That all road safety improvements detailed in the memorandum dated 07/20/04 from
Eagle County Engineering, including the installation of a guard rail on the access road,
lighting in the box culvert, but excluding the requirement for pressure or motion activated
signage at the tunnel entrances, shall be incorporated into the plan and made part of the
public improvements required for the project at application for final plat.
2) That all road safety improvements detailed in the letter from TDA Colorado dated
10/30/04, and listed as conditions on the Colorado Department of Transportation Access
Permit # 304163 (improvements which will subsequently be designed by the Applicant
and approved by the Colorado Department of Transportation and Eagle County
Engineering), be incorporated into the plan and made part of the public improvements
required for the project at application for final plat.
3) That at application for final plat, the applicant shall propose a measure to collect fees
from all property owners within the subdivision that will be reasonably sufficient to cover
costs for the maintenance of the access road and the safety improvements installed at and
around the Box Culvert which accesses the property.
4) That at application for final plat, the applicant shall propose a measure to collect fees
from all property owners within the subdivision that will be reasonably sufficient to cover
costs for the periodic inspection and maintenance of all individual sewage disposal
systems (ISDS) with in the development.
5) That a note be provided on the final plat for Siloam springs that discloses the non-
conforming status of the existing house on Lot # 5. The note shall indicate that no
building or septic permits will be issued for improvements on Lot # 5 until such time that
the house is relocated to the new building envelope.
6) That reference the letter from the Bureau of Land Management dated 07/14/04,
permanent signs shall be placed along the southern perimeter of Lot #4 and Lot # 5 where
private property abuts BLM lands. The installation of these signs shall be made part of
the public improvements required for Siloam Springs at final plat.
7) That prior to any site grading, the Applicant shall obtain a Colorado Pollution Discharge
Elimination System (CPDE) Permit, as referenced in the referral response from the
Northwest Colorado Council of Governments.
8) That all residential structures shall be equipped with self contained fire suppression
sprinkler systems per NFPA 13-D guidelines, as adopted by Eagle County.
9) That all material representations made by the Applicant in submitted materials and in
public meetings shall be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
THAT the Board of County Commissioners directs the Director of Community
Development to enter this amendment on the appropriate page of the Official Zone District Map
and to provide a copy of this Resolution to the applicant.
THAT, the Silo am Springs Preliminary Plan map dated May 26,2004, attached hereto as
Exhibit B is approved.
THAT, the Siloam Springs PUD Guide, dated April 15, 2005, attached hereto as Exhibit C
is approved.
THAT the Board hereby 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 ~ay of ,/?/" 2005, nunc pro
tunc to the 29th day of March, 2005.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY
COMMISSIONERS
ATTEST:
By:
Teak J. Sim nton
Clerk to the Board of
County Commissioners
Peter F. unyon, Commiss' ner
~
By: /' '. ., Commissioner
Commissioner {~ seconded adoption of the foregoing Resolution.
The roll having been called, the vote was as follows:
Commissioner Am M. Menconi ~
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
This Resolution passed by ~ h vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
Legal Description EXHIBIT A
A parcel of land located in Tract 37 in Sections 6 and 7, Township 5 South, Range 86
West of the 6th P.M. and in Section 12, Township 5 South Range 87 West of the 6th P.M.,
and in Tracts 43 and 44 in Section 6, Township 5 South, Rang 86 West of the 6th P.M.,
,Eagle County, Colorado, more particularly described as follows:
Begjnn;ng at a braSs cap found at Angle Point 4 of said Tract 44, also being
Angle Point 6 of said Tract 43;
~~~:;5~~;:A~:::~ee:~;~:t~~rlY line ()f said Tract 44
thence South 300.09 feet along the easterly line of said Tract 37 to the
. centerline of the Colorado River;
thence S. 490 37' 09" W. 667.08 feet along said centerline;
thenceN. 83038' 22" W. 1095.72 feet to the Southerly right of way line of
Interstate 70;
thence N. 660 12' 30" E. 902.90 feet along ~d right of way line;
thence N. 590 25' 30" E. 516.30 feet a:tong said right of way line;
thence N. 50057' 30" E. 722.10 feet along said right of way line;
thence N; 430 36' 00" E. 7'1.00 feet aiong sajd rightofway line;
thence departing said right of way line, S. 450 30' 00" E. 300.00 feet to the
centerline of the Colorado River; ,
thence N. 480 00' 00" E. 125.00 feet al~ng said ce.titerline;
,thence N. 330 10' 00" E. 55.00 feet aloJig said centerline; -
,thence N. 440 00' 00" E. 108.90 feet along said centerune; . ,
thence N. 450 30' 00" W. 300.39 feet to said Southerly right of way fip.e;
thence N. 430 36' 00" E. 353.98 feet along .said Southerly right of Way line;
thence S. 420 57' 00" E. 236.20 feet along said Southerly right of way line;
thence N.490 22' 30" E. 770.16 feet along said Southerly right of way line to
Line 3-4 of said Tract 43;
thence N. 890 58' 50", E. 56.99 feet along said Line 3-4;
thence South 1319.03 feet to the Southerly line of said Tract 43;
thence N. 890 57' 47" feet along said Southerly line to the point of beginning.
Except:
A right of way for the Union Pacific Railroad across the above described
Parcel, containing approximately 7.1 acres,
County of Eagle,
State of Colorado
(for informational purposes only 2412 Hwy #6.
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EXHIBIT B
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PReI.AIHARY PLAT
SI.OAAI SPRINGS
N 1RAC11 >>. 43, AHO -44
H&'S'jj' SEC'IIONS 1 AND 7, T 0 S. R II WEST AND
lOG SEcnoN 1. T 5 S. R 17 WEST OF 8TH P....
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EXHIBIT C
PLANNED UNIT DEVELOPMENT GUIDE
SILOAM SPRINGS
April 15, 2005
1. Introduction
This Planned Unit Development Guide is the land use control document for the
Siloam Springs Planned Unit Development. This document establishes the land
use, development controls and building standards for any and all construction
within this project's boundaries. Any matter not explicitly addressed in this
document is regulated by the Eagle County Land Use Regulations as may be
amended.
II. Administration
1. Purpose:
The purpose of the Planned Unit Development Guide (Guide) is to ensure
the orderly development of the Siloam Springs Planned Unit
Development. The Guide substitutes the standard zoning provisions of
Eagle County Land Use Regulations with site-specific provisions based on
a detailed examination of the property and its proposed residential use.
The provisions contained within this Planned Unit Development Guide
replace those of the Eagle County Land Use Regulations.
2. Enforcement:
Eagle County shall enforce the provision set forth in this Guide through
the refusal to approve any application for building permit or certificate of
occupancy for any building or structure within this property if it is not in
compliance with this Planned Unit Development Guide.
3. Conflict:
The specific provisions contained within this Guide shall take precedence
over the provisions contained elsewhere in the Eagle County Land Use
Regulations. Where this Planned Unit Development Guide is not full and
explicit, the Eagle County Land Use Regulations, as amended from time
to time, shall apply.
III. Permitted Land Uses
1. Residential:
A. Single Family Residential Homes on Lots 1 through 5.
B. One accessory building will be allowed on each Single Family
Residential Lot as provided in the Eagle County Land Use
Regulations.
C. Home Occupations as defined in the Eagle County Land Use
Regulations.
2. Open Space:
A. Paths and fishing for residents of the Planned Unit Development.
3. Road / Access:
A. Access is allowed only within designated road or access easements
as shown on the Final Plat.
B. Access to any property across the Interstate 70 fence is absolutely
prohibited. In addition, crossing of this Access Control Line is
prohibited by the State of Colorado.
C. All access to this subdivision is limited to the II-foot high by 12-
foot wide box culvert. Conventional 9-yard concrete delivery
trucks and large cross-country moving vans cannot fit through this
culvert.
IV. Dimensional Limitations
1. Maximum Floor Area*
Lot 1: 4,000 s.f.
Lot 2: 4,000 s.f.
Lot 3: 4,000 s.f.
Lot 4: 4,000 s.f.
Lot 5: 4,000 s.f.
*Garages, Basements as defined by Eagle County Land Use Regulations
and Accessory Buildings are not included in Floor Area calculations.
2
2. Maximum Impervious Lot Coverage'"
Lot 1: .15
Lot 2: .15
Lot 3: .15
Lot 4: .15
Lot 5: .15
* Net developable as defined in ECLUR
3. Building Height:
35 feet measured to the top of the ridge of the roof
4. Building Setbacks:
All construction must be located within the setbacks shown on the Final
Plat. However, ground level patios and decks are permitted within the
building setbacks, subject to the following limitations:
a. They do not encroach into riparian habitat. All riparian areas along
the river should be preserved and enhanced using guidelines from
Eagle County.
b. They do not encroach within 20 feet of a side lot line.
c. They do not encroach into the 50-foot high-water setback.
d. No decks or patios allowed within the north setback line.
5. Fire Break:
A minimum 30-foot wide area of maintained lawn or other low
combustion material approved by Eagle County shall be provided between
natural, undisturbed vegetation on the property and any residential
structure. If trees and bushes are provide around the perimeter of the
homes, this 30 foot wide buffer to the natural, undisturbed vegetation shall
be measured from the outside drip line of the trees and bushes planted
around the home. No riparian vegetation shall be disturbed as part of this
requirement for 30-foot wide buffer.
V. Construction Requirements
1. Roofing:
Class A rated roofing is required on all buildings.
2. Building Materials:
3
A. All construction shall meet the adopted Fire Code.
B. No highly reflective exterior building materials are permitted with
the exception of glass.
C. All exterior color of building materials shall be earth-tone,
generally reflecting the colors of the surrounding earth, rocks and
vegetation.
3. Fireplaces:
W ood-buming fireplaces and wood-burning stoves are permitted only in
accordance with Eagle County Regulations.
4. Individual Sewer Disposal Systems:
All systems shall be designed to include a secondary treatment tank
approved by Eagle County. (See required maintenance provision in
Section VIII of this Planned Unit Development Guide)
The Homeowners Association is required to identify a secondary
wastewater treatment system and recommended maintenance schedule
acceptable to the Eagle County Environmental Health Department. The
property owner is required to utilize this recommended system in his/her
Individual Sewer Disposal System application to Eagle County.
The Homeowners Association shall be the responsible entity for
maintaining the Individual Sewer Disposal System's within the Siloam
Springs Planned Unit Development.
5. One single-form roof is prohibited on any house larger than 2,600 sq. ft.
VI. Landscaping/Lighting and Signage Requirements/Maintenance
1. Landscape Plan:
It is the goal of the landscape concept to respect the existing conditions.
Natural dry-land vegetation group is pervasive in the general vicinity.
Disturbance to the natural landscape is only permitted around the home or
outbuilding. Riparian areas along the river are to be protected and
enhanced where they have been degraded. Any enhancement of riparian
areas must be reviewed and approved by Eagle County.
4
A minimum 30-foot wide maintained lawn area is required around the
house to provide a firebreak from the house to the native vegetation.
Trees and bushes are permitted around the perimeter of the house. In such
cases, the 30 foot wide lawn area can be placed between the trees and
bushes and the edge of the native material.
A minimum of 8 trees and 12 bushes are required to be planted on each lot
in association with the home. Trees shall be a minimum caliper of 1.5
inches for deciduous and 6 foot high for evergreen. Bushes shall be 5-
gallon size. Two of the 8 trees are required to be planted along the access
road. On Lots 1 and 2, 4 of the trees and 6 of the bushes shall be located
on the west side of homes in a fashion to buffer the homes from views of
1-70.
2. Lighting:
A. All illumination of the building entrances and signage shall be
downlit with concealed luminaries. Any driveway intersection
light posts will also use down lighting.
B. Deck Lighting will be permitted provided that such lights comply
with above standard and that no glare is cast on adjacent units.
C. Maximum Height of Driveway Lighting: 10 ft.
3. Fences:
A. Any fence constructed within the Siloam Springs PUD must be no
higher than 42 inches with an opening in the lower half of the
fence of at least 16 inches to allow passage of deer fawns and elk
calves unless approved in writing from the Colorado Division of
Wildlife.
VII. Miscellaneous
1. Domestic Animals:
A. Occupants are allowed a maximum of two licensed dogs per
dwelling unit. All other domestic animals are regulated by Eagle
County and State of Colorado Standards.
B. A series of escalating fines for owners allowing their dogs to run
loose will be incorporated into the Covenants, Conditions and
Restrictions.
5
C. All dogs must be controlled in accordance with Colorado Division
of Wildlife regulations.
2. Livestock:
A. No large livestock shall be allowed in this project. Large livestock
include, but not limited to, horses, cows, mules and llamas.
However, a maximum of five small livestock weighing less than
150 Ibs. at maturity, such as sheep, rabbits, goats and fowl are
permitted.
3. Trash:
Any overnight storage of trash outside must be contained within Bear-
Proof Trash Receptacles approved by the Colorado Division of Wildlife.
The Homeowners Association will contract with a private haul company
to provide weekly trash removal. service to the subdivision.
4. Outside Storage:
Any outside storage must be screened from neighboring properties and the
1-70 view corridor.
VIII. Maintenance
1. The access road from Lot 5 to Lot 3 has been constructed as part of this
subdivision and shall be maintained by the Homeowners Association. The
access road from the north side of 1-70 to the east side of Lot 5 is located
within the 1-70 Right of Way. This portion of the access road is provided
basic maintenance by Colorado State Highway Department. However, the
Homeowners Association is responsible for providing this road with
supplemental snow removal and street sweeping services on an as-needed
basis.
As required by the State Highway Access Permit for this subdivision, the
Homeowners Association is responsible for the maintenance of all signage
and the convex mirror installed on the access road.
2. The cistern provided for firefighting shall be maintained in proper working
order by the Homeowners Association.
3. The open space within the Planned Unit Development shall be maintained
by the Homeowners Association. This open space is to be generally
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maintained in its natural, undisturbed condition. Paths are permitted in the
open space on the north side of the Colorado River. Maintenance will
primarily be to ensure that the property is litter free and an attractive
natural open space area.
4. The Homeowners Association shall maintain all of the Individual Sewer
Disposal Systems within the Planned Unit Development pursuant to the
manufacturers recommended maintenance schedule. The Homeowners
Association shall maintain a fund sufficient to provide the aforementioned
maintenance responsibilities. Maintenance records shall be provided to
Eagle County Environmental Health Department.
The designee of the Homeowners Association has the right of entry onto
all lots within the Planned Unit Development limited to the purpose of
inspecting and maintaining the Individual Wastewater Disposal Systems.
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