HomeMy WebLinkAbout3.0 Resolution 93-848004144 S_PItFWD
RECORDED
REC *
53Q MILDRED AL5DORRF, COUNTY CLERK .'
STATE OF COLORADO- -}
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'- Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday ; the 4th of October A.D. 19 _ 93 `• there were present
Elmer (Buckey) •Arha
Arnold L. Nackl.ey
.Marian 1. Smith --
Ikon DeFord
riildred- A�sdorf
Chuck Deschenes:
I[2y. -, Commissioner Chairman
Commissioner
Commissioner
County Attorney
Cleark of the Board
County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION :NC) 93 -684
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN :.APPLICATION BY
WESTEANK RANCH #1 LTD. FOR THE WESTBANK RANCH PILING #4 PLANNED UNIT
DEVELOPMENT AMENDMENT AND APPROVAL -OF ITS PLAN
WHEREAS,- Westbank Ranch. #1 LTD. has filed an application:. with the Board' of County.
Commissioners-of Garfield County, Colorado, for approval of the Westbank Rant Filing #4 PUD
'Amendment and its PUD Plan;
WHEREAS, The Board of County, Commissioners has now considered that,application
NOW, THEREFORE BE IT RESOLVED BY THE :BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO; . that based upo°. the
evidence, sworn testimony, exhibits, study o f theComprehensive Plan for the unincorporated
areas of Garfield County, comments from the Garfield County Planning Department, and the
Garfield County Planning Commission, and comments from all interested parties, this Board
enters the following findings and :conclusions:
B
1. The application was filed with the P lanning . Department and referred to the Planning
Commission consistent with statutory requirements
Z The. Garfield County Planning Commission reviewed the application and recommended . .
approval of the application with certain conditions on July 13, 1993-
BOO U f i 4Gi 4a 1
3. The Board of County Commissioners established a date for the public hearing on the •
application to commence on August 16, 1993.
4. Pursuant to evidence produced at the public hearings on the application, the Board finds:
A. All property owners adjacent to the property that is subject to this application received
notification of the date, time and location of the above referenced public hearing by
certified mail, sent at least fifteen (15) days prior to commencement of the hearing,]
B. Notice of the public hearing was publishcd in a newspaper of general circulation at least
thirty (30) days prior to commencement of the hearing;
C. The substance of the mailing and published notifications substantially informed
interested parties of the subject matter and location of the requested zoning;
D. The Board of County Commissioners has jurisdiction to conduct the public hearing on
the application and render a decision thereon.
5. The hearing before the Board on August 16, 1993 and September 7, 1993 was extensive and
complete, that all pertinent facts, matters and issues were submitted, and that . all interested
parties were heard at the hearing.
6. Pursuant to Section 4,02 of the Garfield County Zoning Resolution of 1978, as amended:
A. The PUD Zone District Text and Map direct the dwelling type, bull, density and open
space in a manner consistent with zoning laws;
B. The PUD provides a variety of housing types in a layout allow ing for open space
ancillary to the building locations;
C. The PUD, if fully developed, will result in an increased assessed valuation to the
property;
7. The PUD Amendment, subject to strict compliance with conditions set forth herein, is in
general conformity with the Garfield County Comprehensive Plan, pursuant to provisions of
_Section 4.04 of the Garfield County Zoning Resolution of. 1978, as amended and Section 24-67-
105, C.R.S., as amended.
8. in accordance with Section 4.07.01 of the. Garfield County Zoning Resolution of 1978, as
amended, the Board of County Commissioners herein find that subject to strict compliance
with the conditions set forth herein, the Westbank Ranch Filing #4 PUD will meet the
standards and requirements of Section 4.00, et. seq. of that Zoning Resolution.
9. The requirements of Section 4.07.03 of the Garfield County Zoning Resolution of 1978, as
amended, are met as follows:
A. Subject to the conditions set forth herein, the impacts of the PUD and its surrounding
area are appropriate, • with all identified unreseasonable adverse impacts being
appropriately mitigated;
B. The proposed PUD provides adequate internal street circulation for the . traffic
generated by the development. The private internal streets provide adequate access for
fire and police protection, as well as bicycle traffic;
B0003878 FIG 458
C. The PUD provides adequate parking for all proposed uses;
D. The PUD provides common open space that is adequate for the usage of its own
residents;
E. The PUD provides for a variety of housing types, including single - family and multi-
family units;
F. Adequate privacy is provided between the dwelling units through lot sizing, building
envelopes, and architectural control;
G. The PUD provides adequate pedestrian access within the PUD
10. The proposed PUD will allow the clustering of development to avoid areas of geologic hazards,
pcn-itting the creation of additional open space.
11. The overall density of development, pursuant to the provisions of Section 4.07.06 of the
Garfield County Zoning Resolution of 1978, as amended, will allow development of less than
four (4) dwelling units per acre.
12. The PUD exceeds the minimum number of acres required for PUD size.
13. More than 25 percent of the PUD is devoted to common open space.
14. Under the conditions set forth herein and pursuant to the PUD Zone District Map (Exhibit A),
the PUD demonstrates the location and total acreage for each proposed use together with the
limitations on lot size and total density within each use.
15. Pursuant to the provisions of Section 4.08.05 of the Garfield County Zoning Resolution of
1978, as amended, the applicant included their written request for PUD Amendment all of the
following:
A. A statement of ownership interest and written consent of all properly owners;
B. A proposed plan indicating the maximum number• of dwelling units, the minimum
acreage, dedicated open space, type of proposed uses and acreagesdevoted to uses, a
proposed internal circulation system, the manner in which provision for water, sewer,
telephone, electric, and gas exist, and other necessary restrictions sought by the
applicant;
C. A regional location map showing the location of the proposed PUD in relationship to
connecting roads and other public facilities;
D. A map indicating the existing boundaries of the PUD, its acreage, existing structures
and existing zoning;
E. A site topographic map with five feet contour intervals was submitted with the
application;
A legal description of the area which the applicant wish to include in the PUD was
submitted with the application;
aao *U [h
G. The applicant submitted a written statement setting forth the objectives to achieve by
the PUD, copies of proposed covenants, conditions and restrictions, a list of property
owners within 300 feet of the boundaries of the PUD, a statement by a licensed engineer
that provided information concerning the proposed water source, method of sewage
treatment, the general manner in which storm drainage will be handled, and the general
manner in which provisions have been made for potential natural hazards, including
landslide areas, unstable soils, and drainage paths, ail of which are subject to the
conditions set forth herein;
H. Easements for ingress and egress to a public road have been provided; and
The PUD Amendment, subject to the conditions set forth herein, will be designed with
the consideration of the natural environment of the site and surrounding area, will not
unreasonably destroy wildlife, natural vegetation, unique features on the site, and
mitigates the impacts of adjacent property owners;
16. Subject to the provisions of Section 4.08.06 of the Garfield County Zoning Resolution, as
amended, the Board of County Commissioners find that no portion of the PUD conditionally
approved herein may be occupied until appropriate final plats have been approved by this
Board.
17. Subject to the provisions of Section 4.12.03 of the Garfield County Zoning Resolution, as
amended, the Board of County Commissioners find that the PUD Amendment is a substantial
modification of a PUD previously approved in 1982, the proposed modification is consistent
with efficient development and preservation of the entire PUD, does not affect in a
substantially adverse manner either the enjoyment of land abutting upon or across the street
from the PUD, or the public interest, and is not granted solely to confer especial benefit upon
any person. "
COMMONS OF APPROVAL
The foregoing findings are specifically entered subject to the adoption of and strict compliance with
the conditions set forth below. Such conditions area result of consideration of all evidence, including
extensive public comment:
1. All representations, either within the application or stated at the public hearings before the
Planning Commission and the Board of County Commissioners shall be considered conditions
of approval unless stated otherwise by the Board of County Commissioners.
2. The Preliminary Plan shall have a building envelope designated for every lot within the PUD.
All building envelopes will avoid active and older landslides, manmade frit, and unsuitable
slopes. No lot shall be created that does not have an acceptable building envelope. No lot shalt
be created that is smaller than the minimum lot size in a particular zone district.
3. An engineered foundation shall be required for all structures within the PUD and submitted
with building permit applications, Furthermore, all final plats shall have the following plat
note:
A. Prior to the issuance of a building permit, the owner of each lot shall prepare and
submit a soils and foundation report, siting for a second leach field, an 1SDS design,
and a grading and drainage plan, prepared by and certified by a professional engineer.
All improvements shall be constructed in accordance with such measures which shall
be a condition of the building permit.
i#oo I
4. At the time of Preliminary Plan, the applicant shall demonstrate evidence of adequate water
quantity from the proposed well field for the project.
S. All building envelopes identified at Preliminary Plan shall not be located in or at the head of
drainages.
6. Prior to Preliminary Plan, the applicant shall determine t.he lOOyearfloodplain, consistent with
the recommendations of CTLfThoinpson Reconnaissance Report.
7. Ail easements necessary to ensure the access to existing water tanks and irrigation rights for
Filings #1, #2 and #3 shall be shown on the Preliminary Plan.
S. Due to the potential tie -in with future regional facilities in the Roaring Fork Valley,
appropriate easements for possible central sewer will be identified at the time of Preliminary
Plan.
9. Not more than two (2) dogs will allowed per lot, which will be included in the Protective
Covenants.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the request. of Westbank Ranch #1 LTD. for a PUD Amendment for
Westbank Ranch Filing #4 PUD is hereby granted, subject to strict compliance with the conditions
set forth herein.
Dated this. 4th day of october , A.D. 1993
ATTEST::
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNE'Y, COLORADO
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Elmer (hockey) Arbaney
Arnold L. Mackley
Marian I. Smith
, Aye
, Aye
,Aye
TATE OF COLORADO )
)ss
:aunty of Garfield )
BOC 0878 '4c.± 461 •
1, , County Clerk and ex- officio Clerk of the Board of County
:ommissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
bregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Thnimissianers for said Garfield County, now in my office.
IN WITN ES S WHEREOF, I have hereunto set my hand and affixed the seal of said County,
it Glenwood Springs, this day of , A.D. 19
County Clerk and ex- officio Clerk of the Board of County Commissioners
13(4K4878 �cF462
WESTF3ANi( RANCH PLANNED UNiT DEVELOPMENT MODIFICATION
AND
WESTBANK RANCH FILING #4 UESUBDIVISION
LEGAL DESCRIPTION, (September 1, 19931
A parcel of land situated in Lot 15 of Section 35, Township 6 South, Range 89 West of the
Sixth Principal Meridian, Lots 13, 14, 15, 24 and 2.5 of Section 1, and Lots 5, 8, 9, 10, 11,
12, 13, 14, 15, 16, 18. 19, 20, 21 and 22 of Section 2, Township 7 South, Range 89 West
of the Sixth Principal Meridian, all in Garfield County, Colorado, lying Southerly of Westbank
Ranch Planned !Development Subdivision Filing No. 1 and Westbank Ranch Subdivision Filing
No. 2 and No. 3, as amended, all as filed in the Garfield County, Colorado records, and
Westerly of a line in said Section 1 partly described by Book 416 Page 336 as filed in the
Garfield County, Colorado records, said parcel of land is more fully described as follows:
Beginning at the Northwest Corner of Lot 5 in said Section 2, whence the Northwest Corner
of said Section 2 hears: N. 89 °44'39" W. 602.75 feet; thence N. 01 °57'00" E. 81.45 feet
along the Westerly boundary lino of Lot 15 in said Section 35 to the Southwest Corner of said
Westbank Ranch Filing No. 1; thence, along the.Southerly boundary lines of said Westbank
Ranch Filings No. 1, No. 2, and No. 3, N. 77 °39'00" E. 112.73 feet; thence N. 63 °09'52"
E. 159.87 feet; thence S. 35 °32'48" E. 210.99 feet; thence S. 31043'00" W. 75.00 feet;
thence 5. 69 027'00" E. 130.00 feet; thence S. 28 057'00" W. 160.00 feet; thence N.
86 °03'00" E. 190.00 feet; thence S. 45023'00" E. 130.00 feet; thence S. 05023'20" W.
300.15 feet; thence S. 61'018'14" E. 231.81 feet; thence 5. 28007'00" E. 160.00 feet;
thence N. 60030'00" E. 78.00 feet; thence S. 37006'00" E. 55.45 feet; thence 5.
79417'00" E. 492.88 feet; thence N. 26007'29" F. 82.61 feet; thence S. 64037'00" E.
336.67 feet; thence S. 69 °29'00" E. 390.82 feet; thence S. B1003'00" E. 358.60 feet ;;
thence N. 89022'00" E, 342.78 feet; thence S. 78000'00" E. 349.80 feet; thence N.
87002'00" E. 374.60 feet; thence 5. 88023'00" E. 626.00 Feet; thence 5. 76037'00" E.
39.95 feet; thence S. 50 °31'33" E. 298.72 feet; thence N. 61040'41 "E. 339.92 feet;
thence S. 60000'00"E. 25.74 feet; thence along the arc of a curve to the left having a radius
of 329.13 feet, and a central angle of 52 °46'29" for distance along the curve of 303.18
feet; the chord of said curve bears S. 70023'15" E. a distance of 292.56 feet; thence along
the arc of a curvo to the right having a radius of 45.00 feet, and a central angle of 83005'30"
for a distance along the curve of 65.26 feet; the chord of said curve boars S. 61013'45" E.
a distance of 59.69 feet to a point on the said described lino in Section 1, whence the
Northwest Comer of said Section 1 bears: N.20 °00'40" W. 1523.72 feet; thence, leaving
said Westbank Ranch filings, along the said described line, S. 19041'00" E. 196.35 feet;
thence S. 34°08'00" E, 1.14 feet to a point on a non- tangent curve of the County (load
Dedication described in Document No. 334810 as filed in the Garfield County, Colorado
records, and continuing along the County Road Dedication as follows: along the arc of the
non- tangent curve to the Ief t having a radius of 710.00 feet, and a central angle of 34 °59'•38"
for a distance along the curve of 433.64 feet; the chord of said curve bears S. 38048'11" E.
a distance of 426.93 feet; thence S. 56018'00" E. 174.02 fet; thence S. 52022'00" E.
349.83 feet; thence along the am of a non - tangent curve to the right having a radius of
430.57 feet, and a central angle of 10004'52" for a distance along the curve of 75.75 feet;
the chord of said curve bears. S. 32002'21" E. a distance of 75.66 feet; thence along the arc
of a curve to the loft having a radius of 2293.26 feet, and a central angle of 10406'00" for
a distance along the curve of 404.25 feet; the chord of said curve bears 3. 32003'00" E. a
Page 1
t$UUF.',)t-.J 1 LJ 1 kU' -x V v •
WESTBANK RANCH PLANNED UNIT DEVELOPMENT
ZONING REGULATIONS
WESTBANK RANCH F.U.D. Zoning Regulations
Section 1.
A. To carry out the purposes and provisions of the Garfield County Zoning Resolution,
Garfield County, Colorado and, particularly, Section 1. 04 of that title, as amended, the
Westhank Ranch Planned Unit Development Zoning District is further divided into the
following Zone District classifications:
R/S.F. - Residential /Single Family District
R /M.F.4 - Residential /Multi- Family, fourplex District
O.S. -'Open Space District
B, The oundades of these Districts shall be as illustrated on Sheet 3 of the Westbank
Ranch Filing #4 Resubdivision maps.
Section 11 R /S.F. - Residential /Single Family District
A. Uses, by right.
One Single - Family dwelling per lot and customary accessary use including
buildings for shelter or enclosure of small animals or property accessory to the
use of the lot for single - family residential purposes and fences, hedges,
gardens, walls and similar landscape features, water systems, sewer systems
and other utility services, including water wells and water tanks, and access
roads for construction and maintenance of utilities, maybe sited in easements
within the Residential Single Family District.
Park and Greenbelt.
8. Uses, conditional
None
Uses special
None
D. Minimum Lot Area
One acre
E. Maximum Lot Coverane
15 percent
F. Minimum Setback
Front yard 25 feet
Side yard 10 feet
Rear yard . 34 feet
Zoning Regulations, PAGE 1
G. Maximum Building Height 800 878 P GI 464
25 feet
H. Off- Street Parking/Residential
Four (4) off - street parking spaces per dwelling unit or one (1) space per 600
square feet of living space floor area, which ever is greater.
Section IIi. R /M.F.it - Residential /Multi- Family, Fourplex District
A.. Uses, Iry right.
One structure per lot, containing up to but not more than four dwelling units
and customary accessary use including buildings for shelter or enclosure of
small animals or property accessory to the use of the lot for multi - family
residential purposes and fences, hedges, gardens, walls and similar landscape
features, water systems, sewar systems and other utility servicns, including
water wells and water tanks, and access roads for construction and
maintenance of utilities, may be sited in easements within the Residential Multi -
Family District.
Park and Greenbelt.
B. Uses. conditional
None
C. Uses. special
None
D. Minimum Four -plex Lot Area
Lots within a Four -plex lot shall have no minimum lot area.
E. Maximum Coverage of a Four -plex Lot
'Lots within a Four -plex lot shall have no maximum lot coverage.
F. Minimum Setback
Front yard
Side yard
Rear yard
25 feet
20 feet
30 feet
G. Maximum Building Height
25 feet
H. Off- Street Parking /Residential
Three (3) off- street parking spaces per dwelling unit or one (1) space per 500
square feet of living space floor area, which ever is greater.
Zoning Regulations, PAGE 2
Section IV 0.S. - Open Space District
A. Uses, by right.
BnO 0878 ?n ; 465
Passive and active recreational facilities, park facilities, clubhouse with snack
bar and accessory uses, drainage easements, stormwater facilities, including
detention ponds, water systems, sewer systems and other utility services,
including water wells and water tanks, and access roads for construction and
maintenance of utilities, extraction and storage of natural resources may be
sited in easements within the Open Space.
8. Uses, conditional
None
Uses. special
N one
D. Minimum Lot Area
None
E. Maximum Lot Coverage
None
F. Minimum Setback
Front .yard 30 feet
Side yard 30 feet
Rear yard 30 feet
G. Maximum Building Height - Clubhouse
25 feet
H. Off-Street Parking - Clubhouse
Fight (8) off- street parking spaces per building unit or one 41) space per 500
square feet of floor area, which ever is greater.
Section V
Except as hereinabove provided, and except for the following sections of the Garfield
County Zoning Resolution, all provisions of the Garfield County Zoning Resolution shall
be applicable to the Westbank Ranch P.U.D. Zoning Districts. The Sections of said.
Zoning Resolution which shall have no applicability are as follows:
Section 3.00 through 3.11.09.
Zoning Regulations, PAGE 3
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