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HomeMy WebLinkAboutR02-144 amendment to Homestead PUD Filing 3Commissioner A� moved adoption of the following Resolution: RESOLUTION of the BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002- 2W APPROVAL of the AMENDMENT to the THE HOMESTEAD PUD GUIDELINES Filing 3 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 Sectionl4 in Filing 3 addressing the permitted use of Low Power Wireless Communications Equipment; and, IIIIIIIIIIIIIIIIIYIIIIIIIIIIIIIIIIIIIIIIIIIIIIIRIIII 810�z6,36P= Sara J 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 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- P Street Parkin and Loading Standards, without a necessity for a reduction in the standards. (S) 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, Si 2n 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 PIan 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 County 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. (e) 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. 2 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 "Amended Planned Unit Development Guidelines of The Homestead Filing 3," 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 tunc to the 3rd day of September, 2002. 5 ATTEST: Sara J. Fisher CIerk to the Board of County Commissioners 4_1 �4s I :'; \� 1 A COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: G' Mi ha'ei . Gallagher, hairman BY: Menconi, Commissioner BY: %_ike Tom C. Stone, Commissioner Cornmissione seconded adoption of the foregoing resolution. The roll having been called, the vote vUw as follows: Commissioner Michael L. Gallagher Commissioner Am M. Menconi ,. Conuaiissioner Tom C. Stone This Resolution passed by rQ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. M AMENDED PLANNED UNIT DEVELOPMENT GUIDELINES OF THE HOMESTEAD FILING 3 These guidelines were originally created on the 20`E' of September, 1984, by WPI Partnership No. 2, LTD., a Colorado Limited Partnership, hereinafter referred to as "Declarant." WHEREAS, Declarant was the original 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 number 292280. NOW, THEREFORE, for the purpose of creating and maintaining within the above described property conditions which are desirable and attractive, with the 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, transferred, used and conveyed in accordance to with and subject to the following easements, restrictions, covenants and conditions, all of which shall run with the land and be binding on and inure to the benefit 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 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 an accordance with the terms and provisions of this declaration. Section 3. "Common Area" shall mean and refer to all real property (including the improvements thereto) 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 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 by the Deign Review Committee. Residential Dwelling Units located in public facilities for public employees are acceptable on a Common Area, subject to the 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. s 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 S. "Declarant" shall mean and refer to WPI 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 no more than one building containing not 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 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 no 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 S. "Tri -plex Lot" shall mean and refer to a Lot which may be used solely for residential purposes and upon which no 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 -plex Lot" shall mean and refer to a Lot which may be used solely for residential purposes and upon which no 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 part of the Properties. Section 10. "Multi- family Lot" shall mean and refer to a Lot which may be used solely for residential purposes and upon which may be constructed a building or buildings to be used 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 designated such Lot. Section 11. "Dwelling Unit" shall mean and refer to one or more rooms in a building designed to be used and occupied 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 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 by the Design Review Committee. Residential Dwelling Units 9� J located in public facilities for public employees are acceptable on a Community Park, subject to the 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: Lot Use Units Far /Sq. Ft Lot Use Units Far /Sq. Ft I Multi - family 36 55800 27 Single Family 1 2705 2 Multi- family 32 49600 28 Single Family 1 2810 3 Multi- family 14 21000 29 Single Family 1 2810 4 Multi - family 7 12950 30 Single Family 1 2600 5 Multi - family 35 54250 31 Single Family 1 2404 6 Multi - family 19 29450 32 Single Family 1 2522 7 Multi- family 10 15250 33 Single Family 1 3071 8 Multi - family 13 19175 34 Single Family 1 3071 9 Multi- family 7 I0150 35 Single Family 1 2744 10 Four -plex 4 6400 36 Multi - family 44 66000 11 Four -plex 4 7600 37 Duplex 2 6442 12 Duplex 2 7148 38 Duplex 2 4169 13 Duplex 2 7527 39 Duplex 2 4900 14 Duplex 2 6377 40 Duplex 2 5306 15 Duplex 2 7357 41 Tri -plex 3 5700 16 Duplex 2 7619 42 Tri -plex 3 5700 17 Four -plex 4 7600 43 Tri -plex 3 5700 18 Duplex 2 6717 44 Duplex 2 6312 19 Duplex 2 5240 45 Duplex 2 5044 20 Duplex 2 5188 46 Duplex 2 3581 21 Duplex 2 5123 47 Duplex 2 4613 22 Duplex 2 6743 48 Duplex 2 5724 23 Duplex 2 6103 49 Duplex 2 3933 24 Duplex 2 10271 50 Duplex 2 4116 25 Duplex 2 3894 51 Duplex 2 4744 26 Single Family 1 3189 52 Duplex 2 6181 Section 2. Use Restrictions- Each lot shall be subject to the following maximum site use Iimitations: Single Family Lots Duplex Lots Tri -plea Lots Four -plex Lots Muti - family Lots *Max. Building Footprint .35 .35 .40 .40 .40 Max. Coverage Impervious Materials .55 .55 .60 .60 .60 *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 25 feet from a road right -of way nor closer than 12.5 feet from any other property line or 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 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. 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 n 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 1 of Article lI 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 not keep more than two dogs, cats, or other domestic animals which are bona -fled 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 Iine 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 Iimiting 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. Height Restrictions. No structure shall be erected or maintained on any Lot which is in excess or thirty -five (35) 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 - burning 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 -plea 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 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 14. Low Power Wireless Communications E ui ment Structures and antennas necessary to broadcast telecommunications for voice, data or video with emitted power levels less than 36dBm (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 Iaw 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. Severab _ lity. 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 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.