HomeMy WebLinkAboutR02-073 amendment to East Squaw Creek Minor PUD GuideC
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Commissione moved adoption
of the f llowing Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002-
APPROVAL
of the AMENDMENT to the
EAST SQUAW CREEK MINOR PUD GUIDE
FILE NO. PDA -00037
WHEREAS, on or about February 7 2002, the County of Eagle, State of Colorado, accepted
for filing an application submitted by The Cordillera Homeowners Association (hereinafter "Applicant ")
for approval of the amendment of the East Squaw Creek Minor Planned Unit Development, Eagle
County, Colorado (hereinafter the "PUD "); and
WHEREAS, the Applicant requested the amendment of the PUD for the purposes of:
Removing Lot 9 of the Chaveno Subdivision from the PUD
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 hearing of April 17t 2002, the Eagle County Planning Commission,
based on its findings, recommended approval, with condition, of the proposed Amendments of the East
Squaw Creek Minor Planned Unit Development; and,
WHEREAS, at its public meeting of April 30 2002, the Board considered the PUD
Amendment application, associated plans and the statements and concerns of the Applicant and the
Eagle County staff; and
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WHEREAS, 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 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 and Preliminary PUD Plan:
(1) Unified ownership or control. While the title to all land that is part of this PUD IS
NOT owned or controlled by one (1) person, the Applicant HAS provided written
consent by all owners within the PUD that they will be subject to the conditions and
standards of the proposed amendment..
(2) Uses. The uses that may be developed on the property affected by the proposed
amendment ARE uses that are designated as uses that are allowed, allowed as a special
use or allowed as a limited use in the Planned Unit Development Guide in effect for the
property at the time of the application for the PUD Amendment.
(3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD
ARE those specified in 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. It HAS previously been found at the time that the
Preliminary Plan for the PUD was approved that adequate, safe and convenient parking
and loading was being provided. The proposed PUD Amendment WILL NOT adversely
effect the adequacy of the existing off-street parking and loading.
(5) Landscaping. Landscaping provided in the approved East Squaw Creek PUD
Preliminary Plan HAS been determined to have complied with the standards in effect at
the time the Preliminary Plan was approved. The proposed PUD Amendment DOES
NOT impact existing landscaping nor require additional landscaping.
(6) Signs. The sign standards applicable to the PUD ARE as specified in Planned Unit
Development Guide in effect for the property.
(7) Adequate Facilities. It HAS previously been determined that adequate facilities were to
be provided based on the Land Use Regulations in effect at the time of approval of the
Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely
affect the provision of adequate facilities with respect to potable water supply, sewage
disposal, solid waste disposal, electrical supply, fire protection and roads, or location in
relation to schools, police and fire protection, and emergency medical services.
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(8) Improvements. It HAS previously been determined that adequate improvements were to
be provided based on the Land Use Regulations in effect at the time of approval of the
Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely
affect improvements regarding: (a) Safe, Efficient Access, (b) Internal Pathways, (c)
Emergency Vehicles, (d) Principal Access Points, and (e) Snow Storage.
(9) Compatibility With Surrounding Land Uses. The development proposed for the PUD
HAS been determined to be compatible with the character of surrounding land uses. The
proposed PUD Amendment WILL NOT adversely affect this compatibility.
(10) Consistency with Master Plan. The proposed PUD Amendment IS consistent with the
Master Plan, including, but not limited to, the Future Land Use Map (FLUM).
(11) Phasing. A phasing plan IS NOT required for this PUD Amendment.
(12) Common Recreation and Open Space. It has previously been determined that the
development DOES comply with the common recreation and open space standards
applicable at the time of approval of the Preliminary Plan for the PUD. The proposed
PUD Amendment WILL NOT adversely affect common recreation and open space
within the PUD with respect to: (a) Minimum area; (b) Improvements required; (c)
Continuing use and maintenance; or (d) Organization.
(13) Natural Resources Protection. It HAS previously been determined that applicable
analysis documents were adequately considered prior to approval of the Preliminary Plan
for the PUD. Adequate protection of natural resources HAS been provided for.
1. 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 proposed PUD Amendment to delete Lot 9 from
the East Squaw Creek Minor PUD IS consistent with the Master Plan, including, but not
limited to, the Future Land Use Map (FLUM).
(2) Consistent with Land Use Regulations. It HAS previously been found that the
development complied with the regulations, policies and guidelines of the Land Use
Regulations applicable at the time of approval of the Preliminary Plan for the PUD.
Adequate protection of natural resources HAS been provided for.
(3) Spatial Pattern Shall Be Efficient. It HAS previously been found that the Preliminary
Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the
time with respect to efficient spatial patterns. The proposed PUD Amendment DOES
NOT adversely affect the spatial patterns in the area.
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(4) Suitability for Development. It HAS previously been determined that the site was
suitable for development. The proposed PUD Amendment DOES NOT alter the
suitability of the property.
(5) Compatibility with Surrounding Uses. It HAS previously been determined that the
development was compatible with other development in the area. The proposed PUD
Amendment WILL NOT adversely effect the compatibility of the resulting development
with surrounding uses.
3. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to
Preliminary Plan for PUD
(1) Is consistent. The proposed PUD Amendment IS consistent with the efficient
development and preservation of the entire Planned Unit Development.
(2) Does not affect in a substantially adverse manner. The proposed PUD Amendment
DOES NOT affect in a substantially adverse manner either the enjoyment of land
abutting upon or across a street from the planned unit development or the public interest.
(3) Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely
to confer a special benefit upon any person.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of
Eagle, State of Colorado:
THAT, the application submitted by the Cordillera Homeowners Association for amendment of
the East Squaw Creek Minor Planned Unit Development be and is hereby granted.
THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and
dated January 15, 2002 and attached hereto as Exhibit "A "; and
THAT, the Board directs the Department of Community Development to provide a copy of this
Resolution to the Applicant; and
THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the
health, safety and welfare of the inhabitants 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 , 2002, nunc pro tunc to the
30' day of April, 2002.
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ATTEST:
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Sara J. Fishei`'
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
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Commissioner & - klYt..¢.__ seconded adoption of the foregoing Resolution. The
roll having been called, the vote was as follows:
Commissioner Tom C. Stone ", -
Commissioner Michael L. Gallagher cr.l&
Commissioner Am M. Menconi a4,k.
This Resolution passed by _ 7 Q vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
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EAST SQUAW CREEK MINOR PUD
FIRST AMENDMENT
1. Intent The East Squaw Creek Minor PUD is intended to provide
clustered, low density building sites and significant open space
areas for the protection of Squaw Creek's natural environment
and existing character. Land uses within the East Squaw Creek
PUD are intended to be generally compatible with the existing
Resource Limited Zone district of Eagle County.
11. Purpose The following guidelines replace the standard zoning provisions
of Eagle County with site - specific restrictions that are more
appropriate to the specific conditions of lands contained within
this subdivision. Authority for these guidelines is found within
the Eagle County Land Use Regulations.
Ill. Enforcement The provisions of these guidelines are enforceable through the
powers of Eagle County as granted by law and through action of
the property owners within the East Squaw Creek Minor PUD.
IV. Conflict The specific provisions of this guide shall prevail and govem the
use of lands within the East Squaw Creek Minor PUD, however,
where the provisions of the Guide do not specifically address a
subject, the provisions of the Eagle County Land Use
Regulations shall prevail. In cases of dispute or ambiguity the
Board of County Commissioners shall act to interpret.
V. Land Use The lands within the East Squaw Creek Minor PUD are
separated into two primary categories, large single family
residential lots and open space tracts.
Parcel a Size Use
Tract B 37.44 acre Open Space
Tract C 22.247 acre Open Space
Lot 10 24.651 acre Single family residential
(plus restricted care takers)
A. Permitted Land Uses, Lot 10
1. Agricultural and ranching, including garden, green house, nursery,
orchard, wood lot, and customary accessory uses including
buildings for shelter or enclosure of persons, animals, or property
primarily employed in any of the above uses;
2. Reservoirs and dams engineered to contain ten acre feet of water
or less;
3. Water diversion structures, ditches and pipeline structures
engineered to convey fifteen cubic feet or less of water per second
East Squaw Creek PUD Guidelines — First Amendment
January 15, 2002
Page 1 of 3
EAST SQUAW CREEK MINOR PUD
FIRST AMENDMENT
of time and designed to serve less than ten dwelling units for
domestic use;
4. Single family dwellings within defined building envelopes with
customary accessory uses including buildings for shelter and /or
enclosure of animals or property accessory to use of the lot for
residential purposes;
5. Utility distribution lines and facilities;
6. Day Care Home;
7. Temporary buildings associated and accessory to the uses
specified above. Temporary buildings shall be limited to one year.
8. Open Space.
B. Special Use, Lot 10
1. Home Occupation, excluding the sale or exchange of goods on site.
C. Restricted Use, Lot 10
1. Lot 10 shall be permitted to provide a single caretakerslemployee
dwelling unit in addition to the primary single family dwelling. It may
be contained within, or attached to, or separate from the primary
dwelling, however, it must be contained within the identified building
envelope. It may not exceed 1,000 square feet in gross residential
floor area.
D. Building Height
1. Maximum building height for primary dwelling structures shall be 35
feet;
2. Maximum building height for accessory use structures shall be 25
feet.
E. Setbacks /Structural placement
1. Structural placement, both primary, caretaker /employee unit and
accessory structures, is restricted to the defined building envelopes
as illustrated on the plat of record. No structures, as defined within
the Eagle County Building Code, may be constructed outside of
these envelopes.
F. Permitted Land Uses Tract B and Tract C
1. Agricultural, ranching and non - residential buildings for shelter or
enclosure of animals or persons employed in above uses including
entry buildings and gatehouses;
East Squaw Creek PUD Guidelines — First Amendment
January 15, 2002
Page 2 of 3
a
EAST SQUAW CREEK MINOR PUD
FIRST AMENDMENT
2. Reservoirs and dams engineered to contain ten acre feet of water
or less;
3. Water diversion structures, ditches and pipeline structures
engineered to convey fifteen cubic feet or less of water per second
of time and designed to serve less than ten dwelling units for
domestic use;
4. Utility distribution lines and facilities;
5. Trails for skiing, biking, nature study and equestrian use;
6. Facilities and activities conducted in support of wildlife
management and habitat enhancement as recommended by the
Colorado Division of Wildlife and approved by the Cordillera
Property Owner's Association.
G. Fences
1. Perimeter fencing of both tracts and lots shall be restricted to a
height of no greater than 42" with a minimum of 12" between the
top wire /board and the next lower wire /board;
2. Lot 10 shall be permitted an unrestricted fence height for horse
containment, provided that such fence is restricted to an area of
no greater than 25,000 square feet.
H. Wildfire
1. Wildfire protection measures for any structure built on Lot 10
shall include:
- a 20 foot clear zone around them from which all high hazard
natural materials will be removed and replaced with less
combustible landscaping materials, and will be kept free of
dead plant materials and household debris;
- a 50 foot thinning zone around all structures from which all
brush will be thinned and trees pruned of any dead branches
to a height of at least 10 feet from the ground.
Dog Control
1. Dogs must remain under physical control at all times with an
appropriate leash, chain, fenced yard or kennel, suitable to
control the animal. Exceptions must be in accordance with
Eagle County Dog Regulations.
East Squaw Creek PUD Guidelines — First Amendment
January 15, 2002
Page 3 of 3
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