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HomeMy WebLinkAboutR02-081 amendment to Pilgrim Downs PUD GuideCommissioner lJ _ moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002-(D& APPROVAL of the AMENDMENT to the PILGRIM DOWNS PUD GUIDE FILE NO. PDA -00036 WHEREAS, on or about December 3rd, 2001, the County of Eagle, State of Colorado, accepted for filing an application submitted by Joseph and Joan Goltzman, Lot SB, BBK Subdivision and Dennis and Gail Mathisen, Lot 16, Pilgrim Downs PUD (hereinafter "Applicants ") for approval of the amendment of the Pilgrim Downs Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD "); and WHEREAS, the Applicants have requested the amendment of the Pilgrim Downs PUD for the purposes of inserting a new legal description, which now includes the addition of approximately 2.2 acres of land removed from the BBK Subdivision, incorporated into Lot 16, Pilgrim Downs PUD; 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 hearing of May 1 11 , 2002 the Eagle County Planning Commission, based on its findings, recommended approval, of the proposed Amendment to the Pilgrim Downs Planned Unit Development; and, WHEREAS, at its public meeting of May 14` 2002, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff, and VIIIII��AI � @II II� VIII I�I II :99504 :..ier C, r 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. The title to all land that is part of this PUD amendment IS owned or controlled by one (1) person. (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 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 been demonstrated that off -street parking and loading provided in the PUD complies 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. Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscapinsz and Illumination Standards (6) Signs. The sign standards applicable to the PUD ARE those specified in Article 4, Division 3, Sign Regulations as the PUD Guide does not contain a comprehensive sign plan. (7) Adequate Facilities. The Applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD HAS provided adequate facilities for sewage disposal, electrical supply, and roads; the applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, solid waste disposal and fire protection. In addition, the Applicant HAS demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. It HAS been clearly demonstrated that the improvements standards applicable to the development have been specified in Article 4, Division 6, Improvements Standards regarding: 2 � 3 (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. (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 phasing plan IS NOT necessary for this development. (12) Common Recreation and Open Space. The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards with respectto: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resources Protection. The PUD DOES demonstrate that 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 have been considered. 2. 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 Master Plan, and it IS consistent with the Future Land Use Map (FLUM). (2) Consistent with Land Use Regulations. The Applicant HAS fully demonstrated that the proposed subdivision complies 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. 3 C C ) (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road - Capital Improvements Plan (b) Serve Ultimate Population: Utility lines HAVE BEEN sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under -sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities HAVE be provided, rather than incrementally extending a single service into an otherwise un- served area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development. (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. 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 Joseph and Joan Goltzman, Lot 8B, BBK Subdivision and Dennis and Gail Mathisen, Lot 16, Pilgrim Downs PUD for the amendment to the Pilgrim Downs Planned Unit Development be and is hereby granted; and THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and dated May 14 t '', 2002 and attached hereto as Exhibit "A "; and 4 C 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 CouqSx Commissioners of the County of Eagle, State of Colorado, at its regular meeting held th eFLj—d ay a nunc pro tunc to the 14th day of May, 2002. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote As as follows: Commissioner Michael L. Gallagher CZ, L Commissioner Am M. Menconi Commissioner Tom C. Stone Q_„t TT This Resolution passed by - y vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 r EXHIBIT "A" �1 PUD Guide and Legal Description for Pilgrim Downs Approved May 14", 2002 Planned Unit Development Document For Pilgrim Downs Mayl4th, 2002 USES BY RIGHT Lots 1 through 20: Single - family dwelling or primary /secondary dwelling where the secondary unit may not exceed 1200 square feet of liveable space. Uses shall include accessory uses such as buildings for shelter or enclosure for animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walls, and similar landscape features. The secondary dwelling may not be subdivided from the primary dwelling. Both primary and secondary dwellings must be built within the building envelope. Lot 18.1: A caretaker unit for the Homeowners' Association which is a separate lot for banking purposes only and may not be sold except to the Homeowners' Association. Equestrian Center: For the use of boarding and riding of horses and other accessory uses including buildings for enclosure of property and fences, hedges, walls, and similar landscape features. The site may also be used for a caretaker's unit with a maximum floor area of 1500 square feet. This unit may not be sold from the rest of the property. MINIMUM SETBACKS Front Yard Rear Yard Side Yard West Lake Creek 50 feet from property line 20 feet from property line 20 feet from property line 50 feet from high water mark MAXIMUM BUILDING HEIGHT 35 feet CHANGES TO BUILDING ENVELOPES Any change of a building envelope from the "proposed envelope" shown on the recorded final plats may be accomplished after showing just cause on a site plan prepared by the owner or the owner's representative and submitted to the Design Review Board of Pilgrim Downs (dba the Architectural Control Committee - ACC) of Pilgrim Downs and the Director of the Community Development Department or his/her representative. If a disagreement occurs between the two opposing agencies, an appeal may be made to the Board of County Commissioners of Eagle County for a final decision, at a public hearing requiring public notice and notice to affected property owners at least 5 days prior to the public hearing. C LEGAL DESCRIPTION FOR PILGRIM DOWNS C) A parcel of land located in Sections 18 and 19, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado according to the Dependent Resurvey and Survey of said Township and Range as approved on September 7, 1977; said parcel of land being more particularly described, with all bearings herein based on the platted bearing of the West Line of said Section 19, which is S.02 °03'00 "E., as follows, to wit: Beginning at the Northwest Corner of the Southwest One- Quarter of the Southwest One- Quarter of said Section 18, from which Comer No. 1 of Tract No. 59 located in Sections 13 and 24, Township 5 South, Range 83 West of the Sixth Principal Meridian bears N.01 °56'36 "W. 6.13 feet distant; thence alon.& the North Line of the South One -Half of the Southwest One - Quarter of said Section 18 S.86 °05 45 "E. 1364.68 feet to a point on the Westerly Boundary of West Lake Creek Road as now exists; thence along said Westerly Boundary the following thirty -five (35) courses and distances: 1) S.19 186.38 feet 2) 80.68 feet along the arc of a curve to the right having a radius of 102.61 feet, the chord of which bears S.03 0 20'50 "W. 78.62 feet 3) S.25 0 52'24 "W. 81.28 feet 4) 185.73 feet along the arc of a curve to the left having a radius of 139.31 feet, the chord of which bears S.12 °9'1S'E. 172.28 feet 5) S.50 0 30'54 "E. 60.02 feet 6) 78.05 feet along the arc of a curve to the right having a radius of 75.41 feet, the chord of which bears S.20 0 52'01 "E. 74.61 feet 7) S08 0 46'52 "W. 14.46 feet 8) 109.64 feet along the arc of a curve to the left having a radius of 307.25 feet, the chord of which bears S.01 °26'31 "E. 109.06 feet 9) S.11`39'54 "E. 58.27 feet 10) 95.13 feet along the arc of a curve to the right having a radius of 611.58 feet, the chord of which bears S.07 °12'31 "E. 95.04 feet 11) 129.33 feet along the arc of a curve to the left having a radius of 126.30 feet, the chord of which bears S.32 °05'14 "E. 123.76 feet 12) S.61 °25'20 "E. 30.94 feet 13) 76.97 feet along the arc of a curve to the right having a radius of 88.70 feet, the chord of which bears S.36 °33'39 "E. 74.58 feet 14) S.11 0 41'59 "E. 169.79 feet 15) 305.55 feet along the are of a curve to the left having a radius of 1335.80 feet, the chord of which bears S.18 ° 15' 10 "E. 304.89 feet 16) S.24 0 48'20 "E. 163.29 feet 17) 147.91 feet along the arc of a curve to the right having a radius of 424.05 feet, the chord of which bears S. 14'48'48"E. 147.16 feet 18) S.04 0 49'15 "E. 56.59 feet 19) 74.97 feet along the arc of a curve to the left having a radius of 136.37 feet, the chord of which bears S.20 °34'15 "E. 74.03 feet 20) S.36 ° 19' 15 "E. 109.61 feet 21) 112.37 feet along the arc of a curve to the right having a radius of 84.15 feet, the chord of which bears S.01 °55'58 "W. 104.20 feet 22) S.40 11' 11 "W. 104.65 feet �r 23) 167.46 feet along the arc of a curve to the left having a radius of 134.54 feet, the chord of which bears 5.04 °31'45 "W. 156.85 feet 24) 5.31 °07'42 "E. 252.80 feet 25) 307.57 feet along the arc of a curve to the left having a radius of 850.74 feet, the chord of which bears S.41 °29'08 "E. 305.90 feet 26) S.51 °50'34'E. 106.09 feet 27) 195.65 feet along the arc of a curve to the right having a radius of 1451.30 feet, the chord of which bears S.47 °58'51 "E. 195.51 feet 28) 5.44 0 07'07 "E. 263.71 feet 29) 104.64 feet along the arc of a curve to the left having a radius of 646.44 feet, the chord of which bears S.48'45'21 "E. 104.52 feet 30) 156.54 feet along the arc of a curve to the right having a radius of 994.10 feet, the chord of which bears 5.48 °52'54 "E. 156.38 feet 31) S.44 0 22'13 "E. 269.65 feet 32) 192.27 feet along the arc of a curve to the right having a radius of 840.89 feet, the chord of which bears 5.37 °49'12 "E. 191.85 feet 33) S.31 ° 16' 11 "E. 118.98 feet 34) 144.78 feet along the arc of a curve to the left having a radius of 848.27 feet, the chord of which bears 5.36 °09'34 "E. 144.61 feet 35) 5.41 °02'56 "E. 183.98 feet to a point on the South Line of the Southwest One - Quarter of the Northeast One - Quarter of said Section 19; thence along said South Line N.85 °42'50 "W. 742.29 feet to the Center One - Quarter Comer of said Section 19; thence along the East Line of the North One -Half of the Southwest One - Quarter (Nl /2,SW1 /4) of said Section 19 S.02 °53'57 "E. 1370.94 feet to the Southeast Corner of said N1/2, SW1 /4; thence along the South Line of said N1/2, SW1/4 N.84 0 14'14 "W. 2577.33 feet to the Southwest Corner of said NI/2, SW1/4; thence along the West Line of said Section 19 N.02 0 05'40 "W. 1296.84 feet to the East One - Quarter Corner of Section 24, Township 5 South, Range 83 West of the Sixth Principal Meridian; thence continuing along said West Line N.01 0 50'29 "W. 7.34 feet to the West One - Quarter Corner of maid Section 1.9; thence continuing along said West Line N.02 °01'27 "W. 652.04 feet to Corner No. 4 of said Tract 59; thence continuing along said West Line N.02 °03'28 "W. 653.97 feet to Comer No. 5 of said Tract 59; thence continuing along said West Line NO1 °58'23 "W, 607.95 feet; thence departing said west line of Section 19, N89'57'06 "W, 218.49 feet, along the northerly line of Lot 11A, BBK Subdivision as recorded in Book 558 at Page 364, in the Office of the Eagle County Clerk and Recorder; thence departing said northerly line the following five (5) courses: 1) NO3 °38'04 "E, 16.09 feet; 2) N00 °09'26 "E, 86.65 feet; 3) N15 °16'51 "E, 124.75 feet; 4) N00 °13'08 "E, 132.73 feet; 5) N25 °18'53 "E, 374.05 feet to the Northwest Corner of said Section 19, being identical with the Southwest Corner of said Section 18 and Corner No. 8 of said Tract 59; thence along the West Line of said Section 18 N.01 0 56'36 "W. 1301.79 feet to the point of beginning. Said parcel of land contains 259.94 acres, more or less. Subject, however, to easements and rights -of -way for roads, highways, ditches and utilities of record or as same exist.