HomeMy WebLinkAbout1.13 Zoning RegulationsSection 4.08.05 Zoning Regulations Section 4.08.05(1) A statement of the ownership interest in the property to be included in the PUD and the written consent of all of the owners; See
the Title Commitment in Section 4.60(G) for evidence of ownership interest. See the cover letter from Tom Beard, President of Battlement Mesa Partners for written consent of all of the
owners. Section 4. 08. 05 (2){a,b,c) A PUD Plan indicating the broad concept of the proposed development. Such Plan shall clearly indicate; (a) The maximum number of dwelling units proposed
within the overall area; (b) The minimum acreage which will be dedicated to Common Open Space; (c) The type of uses proposed and the acreage devoted to each use;
\M~~rr£: 'c,' ;,ij/\iiA'l\l \ LAND USE BREAKDOWN Jh JUL j S ZOOS _.;! =~~=:.....!::!:~=.!;~~~ ""Le, Existing Zoning Parcel 5-1 Medium Density Residential (MDR) Business Center Parcel
5-2 Low Density Residential (LDR) Tract 1 Tract 2 Tract 3 Tract 4 Tract 5 Tract 6 Total Number of Lots Proposed Business Center MDR Access and Utility Easement LDR LDR PSR Total Development
Area Total Number of Dwelling Units Proposed Gross Density Units/Acre Total Development Area Gross Density Units/Acre Residential Zoning Area Section 4.0B.05(2)(d) Major Internal Circulation
System 12 du/acre 5 du/acre 6.00 acres 25.68 acres 1.80 acres 11.42 acres 17.37 acres 7.09 acres 69.360 acres 310 units 4.47/acre 5.00/acre This application divides the property into
Tract 1, a site for Business Center and commercial uses, Tract 3, a road and utility corridor, and Tracts 2, 4 and 5 which will be developed as single-family and multifamily residential
lots. The residential tracts will be the subject of subsequent preliminary plan applications, at which time the internal circulation system will be presented, and the roadway within
Tract 3 and its intersections will be designed.
Section 4.0B.05(2)(e) The Battlement Mesa Master Plan approved under Resolution No. 82-121, included a portion of Parcel 5-2 that was designated as a site for an Elementary School, zoned
PSR-Public, Semipublic, and Recreation. This site, as well as several other sites within the development, were deSignated based on a projected build-out of Battlement Mesa as a fairly
high density residential area. The pace of development in Battlement Mesa since its inception in the 1970s has been much slower and much less intense than was originally anticipated.
In recognition of these changed conditions, Garfield County School District 16, the Board of County Commissioners of Garfield County, Community Holdings West and Battlement Mesa Partners
entered into an agreement in 1994. (See copy attached). Under the terms of that agreement, Garfield County School District # 16 was released from its obligations under a LeasePurchase
Agreement for the Bea Underwood Elementary School and was given title to the school building and grounds. In exchange, Battlement Mesa Partners and Community Holdings West were released
from any further obligations related to impact fees, extractions or use taxes related to schools. This parcel will retain its current zoning designation as PSR, however, it will most
1i~E!ly be developed a~~ park_oroth_er typ_e_ofJ":E!_c;re~tionalfacilit}'ratl1er __ than a school.
, AGREEMENT A. PARTIES The parties to this Agreement are GARFIELD COUNTY SCHOOL DISTRICT 16, a political subdivision or the State of Colorado, (District), BOARD OF COUNn' COMMISSIONERS
OF GARFIELD COUNTY (County), COMMUNITY HOLDINGS WEST, INC., a Colorado corporation, (CHW), and BATTLEMENT MESA PARTNERS, a Colcrado general partnership, (BMP). B. RECITALS The reason
and purpose for entering into this Agreement is premised upon the following: 1. The District is the school district having jurisdiction of all public education in the area which includes
Battlement Mesa. 2. Battlement Mesa is an unincorporated community located southerly of Parachute, Colorado, which firs! started development under a planned unit development concept
initiated by Battlement Mesa, Inc. (BMI). The planned unit development (PUD) is set forth in plan thereof recorded in the office of the Clerk and Recorder of Garfield County, Colorado
as -Recepti6nNo.33:l476inBook610at-Page445.-3. Battlement Mesa is located in Garfield County, Colorado and is subject to the control and regulation of the County. 4. CHW is the successor-in-intere.t
to BMI and is now in the process of d£veloping Battlement Mesa under the PUD. 5. A vital link in the development of the PUD is making provision for schools for the children who reside
in Battlement Mesa. 6. Colorado state statute requires that all land development as a subdivision within the .tate should make provi.ion for schools and parks. The specific statute,
CR.S. 30-28-133(4), provide; as follows: (4) Subdivision regulations adopted by the board of county commissioners pursuant to this section shall' also include, as a minimum, provisions
governing the following matters: Ca) Sites and land areas for schools and parks when such are reuombly necessary to serve the proposed subdivision and the future residents thereof. Such
provisions may include: Apenrl .... t C'Mfw/iI u.. my Sclorol Dill, it:t 161 c..fwIJ c""nly C_mi. .. io_J/(,rmmunily Holdings W .. I, Inc. P.~ 1019 ~ 7" .. qt.,......., 50.. '1 (I' 'lo
44
rill""". .....'.. ..-------------.~ ...----..... (I) Reservation of such sites and I.nd areas, tor a':quisilion by the county; (II) Dedication of such ,ites and land areas to the county
or to the public or, in lieu thereo( payment of 3 sum of " 'oney not f!Xceeding the fuJI market value of such sites and land areas or a combination of such dedicalion and such payment;
except that the value of such combination shaJl not exceed the full market value of such sites and land areas. If such sites and land areas are dedicated to the county or the public,
the board of ounty commiss;':,"ers may, at the request of the affected entity, sell the land. /' :ny such sums, when required, or moneys paid to the board of county cummissioners from
the sale of such dedicated sites and land area~ shall be held by the board of coun~{ commissioners: ( .... ) For the acquisition of reasonably necessary sites and land areas or for other
capital outlay purposes for schools or parks; (B) For the dEVelopment of said sites and land areas for park purposes; or (C) For growth-related planning functions bv school districts
for ed ucational purposes .... 7. The implementation of th( state law above quoted .;s contained in the Subdivision Regulations of the County in Section S.80 which provides as follows:
The Board, upon consideration of county land use, circulation and publk facilities, the future requirements of the proposed subdidsion and the inhabitants thereof, and approval of the
appropriate school district, shall require sites and lar,d areas suitable for schools"and· parks when such are-reasonably" neeesoar)' to"servie"" [sic) the proposed subdidsion, according
to one (1) of the following alternatives: A. Five percent (5%) of the gross land area of ihe final plat shall be dedicated to the public for schools and parks. Any area so dedicated
shall be maintained by the County; or B. Five percent (5%) of the gross land area of the final plat shall bl' reserved through deed restrictions as open area, the maintenance of which
shall be . ensured by specific obligations in the deed of each lot wiirin the . subdidsion. This alternative (B) shall not be utilized for a Plann~ Unit Development; or , C. Five percent
(5%) ot the full market value of the gross land area ':n the Final Plat, at the time of Final Plat submission, shall be paid over bv the subdidder to the Board to be used by the Board
to acquire sites for sd·ools or parks to serve the subdidsion and the future residents thereof. S. The PUD of Battlement Mesa makes provi~ion for schools and parks as required by state
and county law by including such uses in a zone district designated 'PSR," which zone district indudes other uses as a matter of right. Ap,,,,,,nl Garfield County School District 161
Garfidd Co"n/.y CommiS5ionerslCommunity /foldings W ... t, I"". Poge 2 o( '3
Q. The pace of development of Battlement Mesa in 1980and 1981, and as such development was then projected, required immediate pro\'i,ion for sch'"Xl1 facilities in Battlement I\~esa.
Ill. To meet the immediate school needs in Battlement M<'sa BMI agreed to construct a "hool building at an estimated cost of $3,875,000.00 (the ultimate cost waS agreed by _ the District
and BMI to be $3,4:;6,874.21) and lease the building to the District under a leaseipurchase arrangement. The funds to be paid by the District to BMI for rental of the buikling would
be g<"nerated out of general property tax revenues derived from the Colony/Exxon oil shale project on Parachute C .. ?ek. 11. The lease/purchase agreement was formalized by the District
and BMI entering into a "lA?ase-Purchase Agreement" with "ffective date at April 30, 1981 and an expiration date of April :10, 2002 12. The Ceunty has adopted a policy of assessing the
developer of each subdivision in the county the sum of $20.1.00 p.-r lot or u"it for the purpose of offsetting the subd;vision impacts on parks and 5<.-hools within the County. This
policy has been uniformly applied throughc,ut the count)'. 13. The school building was lonstructed by BMI pursuant to the Lease-Purchase Agreement (School Building). The land upon which
the School Building is located was dedicat.-a by BMI to the use of the District; however, the ownership of the land and the School Building remains vested nearly entirely in BMP with
the District owning only a small percentage thereof. CHW isa_g~l'1eraJ~1rtner.QLBMP,_ 14. The District has occupied the School Bl'ilding since its completion and has paid rents upon
the School BUlkling; however, because of ""anomie conditions beyond the control of any of the parties hereto, the lease payments have been far short of anticipated amo11nts and the contemplation
of the lA?ase-Purc; lase Agreement that the School Building would be paid in full in 2002 will not be realized. 15. CHW has cauS<.'<l an appraisal of the School Building to be maoe,
which appraisal establishes the value of $2.900,lXXl.OO. 16. The parties hereto desire that the land and School Building be owned and title thereof vested in Lhe District, that the Distrki
b(, released from its obligations under the Lease-Purchase Agreement and that CHW receive relief from future school impact fees and exaction. to the extent they can be legally imposed
in consideration of CHW conveying the School Building to the District. 17. The anticipated total build-out for the PUD is 4,500 additional units, which build-oul will not occur for many
years, if at all. Agreement Corjield COImty School District 16/Carfudd County C"",missioners/Community Holdings West, !tIC. Page 3 of 9 1 I
C. AGREEMENT The parties agree as foUo"",, 1. ThE' recitals abow set forth are true and correct and form an integral part of this Al\Teement. 2. The parties agree that the School Build;ng,
exclusive of the land, has a current vaiue of ~_.OOO,OOo.OO. ~. Upon execution of this Agrper.>ent by each of the parhes, CHW shaH convey to the District by bargain and sale deed and
bill of sale aU of its right, title and interest in and to the School Building and any residual title which i: may have in and to the real prol'cr(\LlpOn which it is located. The conv~yance
shall be without any warranti'!s, express or imp<ie.;!, as to the title .. condition, fitness for use or otherwise of the School Building and shall be accepted bv the District "as is"
and "where is." 4. The District and CHW hereby terminate and cancel the lease and in so doing reiease, relinquish and di!>Charge each other from any and all further duties and obligations
under the Lease-Purch.se Agreement. ~. Assuming a total build-out of the run of 4,..0;00 additional units over the next 20 yms, theJotal ill1 pact feeswhicl1 wouldbe parable to~e Cou~ty
wO\1I~ be $9(X),OOJ.OO. f>. In consideration of CHW conveying the School Building to the District, the County and District agree as follows: a. The Como ':: 'c' ""' ."" .he transfer
of the School Bt:ilding to the Distrki shall satisfy (i) ail impact fees or any school-related or park-related exactions :.Ipon CHW for any existing development under the PUD (as the
boundaries of the PliD are now presently constituted), whether or not now required by subdivision improvemert agreements heretofore entered into between the County and CHW, and (ii)
all such future fees and exactions up to a total of four thou;;and five hundred (4,..0;00) units within the PUD. b. Th€ District shaU not request nor petition the County for any school
impact fees or any school related or park related exactions for aay future development or property in the PUD which is located within the present boundaries of the PlJD. '7 For purposes
of this Agreement "impact fee.;;/' "exactions" anc "use taxes" shall include aU fees and land dedications now imposed pursuant to statute and resolution as set forth in Section B of
this Agr .... ment, as well as any and all other impact fees, exaction. and use taxes which may hereafter be imposed by any governr .. ,ntal authority, includintl the Colorado State
legislatur .. , the County and the District, as wdl as any impact fees, exactions or use taxes Ag-retmft'1;t Garfield Cou nly School Dislriel 161 GGrfieid County Commis:;ionerslCommunity
Holdings \-Vesl, Inc, Page 4 of 9
" '. ri ." " which may be deemt'd authorized by decisiom of Colorado appellate courts, it being the intent and purpooe of this Agreement that by the conveyance of the School Building
to the Di&trict CHW shall have satisfied all mon"tary and land dedication obl.;3ations which can now or may ~ereafter be imposed upon CHW by reason of its development of the PUD in Battlement
Mesa. 8. If school impact fees or exactions are judicially determined to be uncollectible at any time su"sequer,t to date hereof, CHW agrees that it will not attempt to set'k reimbursement
of any s:.lch fees and exactiom heretofore paid, including Iransfer of the School Building or the value thereof. Agreement 9. Any other provisions hereof to the contrary notwithstanding:
a. Prior conveyaroces of real property to which the District holds title are he~eby ratified and confirmed. b. CHW will not, without the written consent of the District being first obtained,
attempt to change the current PSR zone district classification within the PlJD ",hid, ;neludes the designation "future school sitt''' to the extent that school us~ges will be deleted
or excluded from such zone district classification. c. CHW will convey to the District any land within the PUC· which is now zoned PSR upon the following terms and conditions: -(1) The-County_first
approves the Iransfer. (2) The land requested to be conveyed has not previously been sold or contracted to be sold to another person or entity authorized to use PSR zoned property. (3)
The purchase price shall be Ten Thousand Dollars ($lO,OOJ.OO) per acre adjusted in conformity with the following formula to wit: The base purchaoe price shall be modified by the percentage
of the cost of living for the period commencing on date of execution of this Agreement and ending on the date request is made for the conveyance of the land. The cost of living shall
be computed upon the basi~ of the Consumer Price Index, All Urban Consumers, U.S. City Average 1982-84 '" 1CO published by the United States Department of Labor, Bureau of Labor Statistics.
The base index number shall be the latest month available prior to the date of execution of this Agreement. The current index numbers shaU be the latest month available prior to the
date of request of conveyance of the land. The increase or decrease in the cost of living for the intervening period shall be added to or deducted from the base purchase price. The increase
or decrease between the base index number and the current index Car(i£IJ Counly School Dislriel 16/Ca;fi£ld County Commissioners/Community Holdings Wesl, Inc. P'g< 5 'if 9
number (expres~ as a percenlage) shall be multiplied by the base purchase price. Any resulting positive or r,egative product shall be added 10 Or deducted from the base purchase price
and Ihe lolal Ihereof shall be Ihe per-acre cosl of Ihe land requested to be conveyed. If al any time the Consumer Price Index is no longer published, the parties shall use such other
index as is generally recognized or .ccepled for the purpose of making similar delerminations of purchasing power. (4) The purchase price shall include land only and shall not include
any utilities olher Ihan those which may be in place to Ihe land on date of conveyance. d. This Agreement shall not vary or modify any existing zoning or any provision of the PUD masler
plan. 10. BMP agrees to be bound by all terms and conditions hereof and shall likewise receive all be"efits and emolumenls of the provisions hereof. 11. This Agreement super~es, amends
and replaces any and all other agreements heretofore existing betw""n the parties pertaining to the subject matter hen'of and may only be modified or amended by a written document eXe<Uted
by all of the parties hereto, making specific reference to this Agreement and the portions hereof to which it is amendatory. 12-All noticesg;ven-hereundershaIJ-be addres~ to the parties
as follow_and posted by regub, United States Mail, postage prepaid: Garfield County School District 16 P.O. Box 68 Parachute, CO 81635 Board of County Commi .. ioners of Garfield County
109 81h Streel, Suite 300 Glenwood Springs, CO 81601 Community Holdings Wesl, Inc. 5575 DTC Parkway, Suite 360 Englewood, CO 80111. 13. lhis Agreemenl may be recorded in the office of
the Clerk and Recorder of Garfield County and, as recorded, shall pertain to all of the property presenlIy encompassed within the boundaries of the PUD. Ap«mtnt G.rfrld County School
Di,trict 16/G.rfrld County C,,,,,,,i,,w>ltfslCommunity Holding. W ... t, Inc P.~ 6 ",9
8o~'{)925 ;otr.: 970 14, This Agreement shall be constru<'d and governed by the laws of th~ Stat~ of Colorado, 15. The terms and conditions hereof shall ex lend Ie' and be binding upon
the parties hereto, their successors and assigns of all kinds. IN WITNESS W:~EREOF, the parties have hereunto sel their hands and seals on the day and year set opposite the name of each.
Date 1,}-13·-7</~,~ .. -; . ;£ ~j"'-/~/'L: -Secretary Attest: ~.!h~ . Cle Date j:2. -/r -1'1 Agr<:ml<nl GtJrfiIId County School Di.ITU:! 16/GARFIELD COUNn' SCHOOt DISTRICT 16 BOARD OF
COUNTY COMMISSIONERS OF GARFIELD COUNTY By --'".-~--------;----! -·/.Je.<.,A-j~':<l -~-~ .. C.;(~'? 'lEairman ./BY-.~~L-~~~~ _________ __ David A. Gitlitz, President GtJrfiIId County
Cummi.,wlWrs/Community Holdings W ... I, Inc. P.~ 7 of9
BATILEMENT MESA PARTNERS Attest: ~~~ STATE OF COLORADO ) ) 55. COUNTY OF GARFIELD ) The above and foregoing instrument was acknowledged before me this /3rt, December. 1994. by /.-18
v',a i. C'r:AI G: as tt!t:<>II:)lc,Jr day of and (; 0 15;;1,< r.: rZ.. as Secretary of Garfield COlmly School District 16. Witness my hand and seal. Address: /11t lik....,,'-If.lTi;:..
f-'. My commission expires: >/''/9 J . ST A IE OF COLORADO ) ) 55. COUJ>.'TY OF GARFIELD ) The above and foregoing instrument was acknowledged before me this I C; t.!::. day of December,
1994. by Elmer (Bucky) Arbaney as Chairman of the Board of County Commissioners and Mildred Alsdorf as the Clerk of Garfield County, Colorado. Witness my hand and seal. Address: lJi~.,,-u.
.. n ,j '.5Yhr ' e" My commission expires: ;;.. 7 -<i '" Agreement Gorfudd CoYnty School District 16/f Notary Public GiUfy,[d County Commissioners/Community Holdings West. Inc, P.gt
8 of 9
. STATE OF COLORADO ) ) 55. COUNTY OF GARFIELD ) --;.<-=_ day of Notary blic STATE OF COLORADO ) ) 55. COUNTY OF GARFIELD ) The above and foregoing instrument was acknowledged before
me this 4 ~ day of December, • David A. Gitlitz as President of Community Holdings West, Inc., General Partner 'fAt. esa Partners. ---.~ ..... ".-..... -"~0 . ~tni5;; 11}y' hard nd seal.
[ r:\i'~~ LOU j ;:,«i\ S;:A.(lIi /~ '~"" ... ~". /'i'oF"C·~\.~, . Address: My commlssion expires: U /6/'17 Ag,.."..nt c.rfi4itl Cou nty School D,strid 161 CRrfi4itI County Cummis,iD""~/Community
Holding. WISt, Inc. Pop 9 of9 Lt-1Wr,*~tW--& :";$ .-T'-'tt 'Wen -' , "
I l , . J:se O'cloc, .. 1 __ M DfC ,.. 472304 MILDRED "'l~iJ\,;"r, tjZ,,~~;;;;;; GARFielD COUNTY, COL9R6P9 GARFIE;.D f BARGAIN AND SALE DEED AND 81u OF SALE SiBle Doc, Fee $--~---BA
TnEMENTMESA PARTNERS, a Colorado general parln<rship, (Grantor), for good and valuable con~ideration as Sl't forth in Agt"i'ement identified hereinafter, hereby sells and conveys to
COMMUNITY 1I0WINt'S MST, INC., whooe atidre.s is 5575 DTC Parkway, Suite 360, Englewood, CO '()J1I, (Grantee), an of it. right, title and inte,,.,t in and to the following described
real and personal property situate in the County of Carfidd and State of Colorado, towit: Parcel B Tamarisk Subdivision Filing No.1 (heretofore described as Lot 0, Block 17, Tamarisk
Subdivision, Filing No, 1) The building and all personal property located on the property above described which is known as the "Bea Underwood Elementary School," This conveyance is
made without warranties, express or implied, as to the title, condition, fitness for use or otherwise of the real bnd personal property above-described and by recordation hereof is accepted
by the Grantee in its "as is" and "where is" condition. Executed this q ~ day of DeceYJIber, 1994. BATnEMENT MESA PARTNERS _By:_COMMUNITYHOLDl1\iGL WESl',JNC" a Colora 0 corporati n,
its General Partner Attest: STATE OF COLORADO ) ) ss, COUNTY OF GARFIELD ) seal.
i L o o o c o o o '" v. z 8 RecordAa at Reception No. i'lf) O'clock _~ M . __ IEC 11 1111 __ _ 474:'a05 MILOREI' ~,_SDO"f. PECOIlDER GARFttLC COL::. Y, COLORADO DE 1 \9tI GARrlELD BARGAIN
AND SALE DEED AND BILL OF SALE Still_Doc. Fee • '0r .. __ , COMMUNITY HOLDINGS WEST, INC., a Coloradororpor.tion, (Grantor), for good and valuable consideration as set forth in Agreement
identified hel'f'inafter, hel'fl\y se!ls and conveys to GARFIELD COUNTY SCHOOL D1STRIC116, a political .ubdivi.ion of the St.t. of Colorado, whose address i. P.O. Box 68, Parachute,
CO 816.~, (Grantee), all of its right, ntle and inte~.t in and to the following described real and personal property .ituat. in the County of Garfield and State of Colorado, to-wit:
Parcel B Tamarisk Subdivision Filing Nc. 1 (heretofore described as Lot (), Block 17, T ama, isk Suhdivision, Filing No.1) The building and all personal property located on the property
above described which is known as the "Sea Underwood Elementary Schoo}." The consideration for this conveyanc'(' js as set forth in Agreement between Garfield County School District
16, Board of County Commissioners of Garfield County and Community Holdings West, Inc., which Agreement is recorded. in the office of the Clerk and Recorder of Garfield County, Colorado
a. Reception No. .-~ 0 ... in Book .c '" '. at Page ' .. Thisxonveyance is made without warranties, express or implied, as to the title, condition, fime-5s for use or othPTwise of the
real and peTMlnal property above-described and by recordation hereof is accepted tty the Grantee in its "as is" and "where isll condition. ___ Exemted this c=fI-Q..-= day_of December,
1994.---------STATE OF COlORAl)() ) ) •.. COUNTY OF GARFIELD ) Address: By--!O--,,7-,.....,=,....,f-=-.,...,.~------David A. Gitlitz, Pre.ident qJa.-dayof
Section 4.08.05(2)(f) The general nature and location of commercial and industrial uses, if any, to be located in the PUD; Tract 1 is zoned Business Center, and will be developed with
uses consistent with that zone district. Lot 1 of Tract I, at the intersection of Stone Quarry Road and Battlement Parkway, will be developed as a service station and carwash facility.
Other uses allowed in this zone district include retail commercial establishments, personal service establishments, offices, churches, day-care facilities, indoor theatres and recreation
facilities. Lot 2 is will be developed under these or similar categories as allowed under this zone district. Section 4.08.05(2)(g) Provision for Water, Sewer, Telephone, Electricity,
gas and cable television. See Section 4.90 Utilities
Section 4.0B.05(2)(i) If more than one phase is proposed, a phasing plan shall be included in the application that delineates the proposed phasing of the development. See Section 4.60(8)