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HomeMy WebLinkAboutR02-143 amendment to Homestead PUD Filing 2Commissioner moved adoption of thIflo"winZg Resolution: RESOLUTION of the BOARD OF EAGLE COUNTY COMNUSSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002-M APPROVAL of the AMENDMENT to the THE HOMESTEAD PUD GUIDELINES Filing 2 FILE NO. PDA -00038 WHEREAS, on or about June 12th, 2002, the County of Eagle, State of Colorado, accepted for filing an application submitted by the Homestead Homeowners Association, represented by Netbeam, Inc. (hereinafter "Applicant ") for approval of the amendment of the Homestead Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD "), File No. PDA - 00038; and WHEREAS, the applicant is proposing to amend the Homestead PUD (filings 1,2 and 3) to allow wireless internet as a "use by right," pending approval from the Homestead Design and Review Committee. Currently, the Eagle County Land Use Regulations recognizes this use, however, the Homestead PUD (written prior to the existence of wireless internet), does not. The PUD must be amended to incorporate this use into the PUD; and WHEREAS, Netbeam, Inc., a wireless internet provider, currently has tentative approval from the Homestead Design Review Committee (DRC) to construct the small tower antenna 10 -15 ft in height, next to the Eagle River and Sand District water tank (Tract I, Homestead, Filing 2), pending,the outcome of the amendment. The tower antenna will provide internet service to approximately 90% of homeowners in the Homestead area. The residents may then install a small antenna on their home which receives the signal from the tower antenna; and WHEREAS, the Applicant has proposed the following PUD amendments to occur: Add a new Section 12 in Filing 2, addressing the permitted use of Low Power Wireless Communications Equipment; and, IIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 8104z'396e Sara i Fisher Eagle, Co 370 R 0.00 D 0. 00 WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD, as well as any relative homeowners associations 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 August 21, 2002 the Eagle County Planning Commission, based on its findings, recommended approval of the proposed Amendments of the Homestead Planned Unit Development; and, WHEREAS, at its public hearing of September 3rd, 2002 the Board of County Commissioners, based on its findings, approved the proposed Amendments of the Homestead Planned Unit Development; and, WHEREAS, based on the evidence, testimony, exhibits, 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: (1) That proper publication and public notice were provided as required by law for the hearings before the Planning Commission and the Board; and, 1. 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 IS owned or controlled by multiple persons, however, IS represented 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 Iimitations 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 - K.4 Street Parking and-Loading Standards, without a necessity for a reduction in the standards. (5) Landscaping. It HAS previously been demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. (6) Signs. The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, Sign Regulations. However, the current the Homestead PUD has a comprehensive sign plan, as provided in Section 4 -340 D., Signs Allowed in „a Planned Unit Development (PUD), that IS suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The Applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be 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 will be as specified in Article 4, Division 6, Improvements Standards regarding: (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 respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. 3 (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. 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 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. (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 ComnV Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines ARE 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 CAN be provided, rather than incrementally extending a single service into an otherwise un- served area. (4) Suitability for Development. The property 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 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. 0 3. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.a.(3) Preliminary „Plan for PUD Application contents (1) Applicant HAS submitted a PUD guide that demonstrates that the requirements of this Section HAVE been fully met. 4. 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; and (3) Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person; and, 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 Applicant for amendments to the Homestead Planned Unit Development be and is hereby granted. THAT, the "Amended Planned Unit Development Guidelines of The Homestead Filing 2, Blocks 13, 14, 15 and 16," attached hereto incorporates the changes approved by this Resolution and is hereby approved, effective immediately upon its recording in the Office of the Eagle County Clerk and Recorder, and replacing in its entirety the previous Planned Unit Development Guidelines for all three filings for Homestead. THE BOARD further 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 _ day of , 2002, nunc pro tune to the 3rd day of September, 2002. 5 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: BY: Sara J. Fisher Clerk to the Board of County Commissioners Am M. Menconi, Commissioner r BY: To C. Stone, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Am M. Menconi Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 0 AMENDED PLANNED UNIT DEVELOPMENT GUIDELINES 109 THE HOMESTEAD FILING 2 BLOCKS 13,14,15 and 16, PURPOSE The purpose of this Guide is to clarify the standards, restrictions and regulations which govern development and land use within the Homestead Planned Unit Development, Filing 2, Blocks 13 -16. 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 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 as The Homestead, Filing No. 2, Blocks 13,_14, 15, and 16 according to the recorded plat thereof filed under Reception No. , and recorded at Book , Page in the office of the Clerk and Recorder of Eagle County, Colorado. Section 3. • "Open Space" shall. mean and refer to all real property (including, the 'improvements (hereto) designated on. the Final Plat of The Homestead, Filing No. 2 as "open space ", "drainage ", "utility", "access ", "park„ and "equestrian ", or any combination of the foregoing. Open Space shall be owned by the Association for the common use and enjoyment of the Owners. The Open Space 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. 2, Blocks 13, 147 15 and 16. Pathways for pedestrian 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 Open Space. Section 4. "Association" shall mean The Homestead Owners Association which shall regulate the lots and supervise the open space in Blocks 13, 14, 15 and 16. Section 5. "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 the Open Space. Section 6. "Developer" shall mean and refer to Warner Developments, Inc., a Colorado corporation, and any successor or assign as may hereafter be designated by Developer by a written instrument duly recorded in the office of the Clerk and Recorder of Eagle County, Colorado. Section 7. "Single Family Lot" shall mean and refer to a lot which maybe used solely for residential purposes and upon which not more than one building containing not more than one Dwelling Unit, together with not more than one accessory building, may be constructed, as so designated on a recorded plat of all or a part of the Properties. Section 8. "Duplex/Primary/Secondary" 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, ' together with not more than one accessory building may be constructed, as so designated on a recorded plat of all or a part of the Properties. Said building, if containing 2 (units; the smaller unit may contain no more than 45 % of the total square footage of the building. The two units may be subdivided and sold separately. Section 9. "Equestrian Lot" shall mean and refer to Lots 12 through 23, inclusive in Block 15 and Lots 1, 2, 10 and 11 in Block 16. ARTICLE II USE REGULATIONS Section 1. Land Uses. The Lots in the Properties fall within the following land use categories: Single Family, Duplex/Primary /Secondary, and Open Space. SINGLE FAMILY BLOCK 13 LOTS 1 -33 33 UNITS BLOCK 14 LOTS 1 -13 13 UNITS DUPLEX AND BLOCK 15 LOTS 1 -23 46 UNITS PRIMARY /SECONDARY BLOCK 16 LOTS 1 -32 64 UNITS OPEN SPACE, DRAINAGE AND UT1 ITY TRACT A OPEN SPACE, DRAINAGE AND UTILITY, PARK TRACT B (NOT USED) TRACT C OPEN SPACE, DRAINAGE, UTILITY, AND ACCESS TRACT D OPEN SPACE, DRAINAGE AND UTILITY TRACT E OPEN SPACE, DRAINAGE AND UTILITY TRACT F 2 OPEN SPACE, EMERGENCY ACCESS, DRAINAGE AND (NOT USED) ACCESS AND UTH= (NOT USED)' (NOT USED) OPEN SPACE, DRAINAGE, UTILITY AND EQUESTRIAN (NOT USED) PARK, DRAINAGE AND UTILITY (NOT USED) OPEN SPACE, PRIVATE ACCESS AND UTILITY (NOT USED) OPEN SPACE, DRAINAGE, UTILITY AND EQUESTRIAN TRACT G TRACT H TRACT I TRACT I TRACT K TRACT L TRACT M TRACT N TRACT O TRACT P TRACT Q TRACT R Section 2. se Restrictions. Each Lot shall be subject to the following maximum site use limitations, which are expressed as a percentage of Lot area. For Equestrian Lots -the Lot area as used herein excludes the area shown on the Final Plat as "Non - Buildable Area ", i.e. the area beyond the rear building setback line shall not be included when determining these calculations. Sine Family Duplex/Primary %Secondary Maximum Floor to Lot Area Ration 30% 30% Maximum Building Footprint 35% _ 35% Maximum Coverage with Impervious Materials 55% 55% Section 3. • Setbacks. No building or other structure shall be located closer than twenty- five (25) feet from a public road right-of-way nor closer than twelve and one-half (12 112) feet from any other property line as shown on the Plat except as provided below. For Block 13 Lots 4, 9, 10, 21, 22, 24 Block 14 None Block 15 Lots 11, 12, 13, 14 Block 16 Lots 4, 5, 10, 11, 12, 13, 16, 18, 19, 27, 28, 29, 30 the setback from the road right of way shall be 12 1 /2' provided that only the constriction of a one -story garage, not exceeding 375 square feet in building footprint, is permitted within 25' of the public road right-of-way. 3 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 one 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, and/or County Engineer Section 5. Accessory Structures. Any detached garage or bam shall be a minimum of 440 square feet and a maximum of 1,500 square feet. There shall be no more than. one accessory building per site. Section 6. Parkin. 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 parldng areas and driveways shall be asphalt, concrete or other surface approved by the Eagle County Engineer. ARTICLE Ill REST MMONS Section 1. Use of _Open Space. The Open Space will remain in an undisturbed natural state, except as vegetation disturbance is necessary for use by utilities or other public agencies to provide services. No use shall be made of the Open Space which in any manner violates the statutes, rules or regulations of any governmental authority having jurisdiction over the Open Space, Section 2. 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 1 of Article II above and the definitions set forth in Article I above. Section 3. 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 a Lot except those designated as an Equestrian Lot. These Lots shall be further restricted in that no horses may be housed or pastured within 150 feet of any public road right -of -way, nor may any horses be kept on 4 Lots which are unimproved. An owner of multiple contiguous Lots need only have improved one of them in order to maintain horses on all of them. Section 4. Tmmparary__ 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 5. Miscellaneous Structures. No advertising, billboards or signs of any character shall be erecters, 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 6. Underground�UtiIity 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 7. 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 Height Restrictions. No structure shall be erected or maintained on any Lot which is in excess of thirty -five (35) feet in height. Height shall be the vertical distance of the structure measured from the average 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 9. Fireplace. Shall be subject to current Eagle County regulations. Section 10. Driveways. No more than one connection for vehicular access to a public street shall be allowed for each Single Family Lot, Duplex/PrimarylSecondary Lot unless the Eagle County Engineer specifically determines that additional connections are desirable. 5 e Section 11. Utilties. zach Dwelling Unit shall connect with the water and sanitation facilities of the Edwards Water District and the Upper Eagle Valley Sanitation District, and no private wells or private sewage systems shall be allowed on the Properties. Section 12. Low Power Wireless. Communications Equipment Structures and antennas necessary to broadcast telecommunications for voice, data or video with emitted power levels less than 35dBm (or such other levels as may be authorized by the Federal Communication Commission to be low power telecommunications) are permitted within all Development Areas with the prior written approval of the appropriate Design Review Committee 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, 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 judgement 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 provision 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.