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HomeMy WebLinkAbout1.14 Resolution 98-45, AMD, Restated zone district text111111111111 nlill 111111111111111111111111 1111111111111 ~27739 06/29/1998 01,09P B107S P179 M ALSDORF 1 of 12 R 0.00 D 0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) ) COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday, the 22nd day of June, 1998, there were present: Marian I. Smith, CommissionerlChairman Larry McCown, Commissioner John Martin, Commissioner Don D. DeFord, County Attorney Mildred Alsdorf, Clerk to the Board The following proceedings, among others, were had and done, to-wit: RESOLUTION NO. 98-45 A RESOLUTION CONCERNING APPROVAL OF THE BATTLEMENT MESA COMPANY APPLICATION FOR AMENDMENT TO THE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT ZONE DlSTRJCT TEXT WHEREAS, the Battlement Mesa Company has filed an Application with the Board of County Commissioners-ofOarfield-County,-Colorado~for approval-of amendment-to the-Battlement Mesa Planned Unit Development Zone District Text WHEREAS, the Board of County Commissioners has now considered that Application. WHEREAS, based upon the evidence, sworn testimony, exhibits, study of the comprehensive plan for the unincorporated areas of Garfield County, comments from Garfield County Department of Regulatory Offices and Personnel, and the Garfield County Planning Commission and comments from all interested parties, this Board enters the following findings and conclusions: I. That the applicant's application was filed with the Building and Planning Department of Garfield County; 2. The Garfield County Planning Commission reviewed the Application and recommended approval of the Application on March II, 1998; 3. The Board of County Commissioners held a public hearing on the Application for PUD text amendment on June 8, 1998; IIUIII 11111 UIIIIIIU 111111111111111111111111111111111 527739 06/29/1998 01,09P 81075 Pl80 " ALSDORF 2 of 12 R 0.00 0 0.00 GRRFIELD COUNTY CO 4. The hearing before the Board was extensive and complete, all pertinent facts, matters and issues were submitted and all interested parties were heard at the hearing; 5. That the proposed PUD zone text amendment is in general conformity with the recommendations set forth in the comprehensive plan for the unincorporated area of the County; 6 That other than the foregoing particulars, the requested PUD zone district text amendment meet all requirements of the Zoning Resolution of Garfield County and, firrther, the requested PUD zone district text amendment is the best interest of the orals, order, health, safety, convenience and welfare of the citizens of Garfield County. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, herein approves the amendment to PUD zone text requested herein by the Battlement Mesa Company as follows: See Attached Dated this -l.L day of June 1998. AnEST: BOARD-OFCOUNTYCOMMlSSIONERS----OF G~LD COUNTY, COLO~DO BY~~-J. ~ Marian !. Smith, Chairperson WaJ~+ M' dred Alsdorf Clerk to the Board 2 I lUll/III" nlill 111111111/1111111111111/11111 "" /11/521739 06/29/1998 01:09P B107e P1SI M RLSDORF 3 of 12 R 0.00 D 0.00 GRRFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian 1. Smith LanyMcCowu John Martin I, Mildred Alsdorf, County Clerk and Ex Officio Clerk to the Board of Caunty Commissioners in and far the County and State afaresaid do hereby certify that the annexed and foregoing Resolution is truly copied from the records afthe proceedings afthe Board of County Commissioners for said Garfield County, now in my office. IN WlnlESS Wl-IEREOF. I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs this __ day of , A.D. 1998. 3 Mildred Alsdorf County Clerk and Ex Officio Clerk oflbe Board of County Commissioners IIUIII nlll U11lllm 111111111111111111111111111111111 527739 06/29/1998 01:09P e10?5 PIS2 M ALSDORF 4 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO 3.0 tYlDR -Me'diumDensity Residential 3.1 Uses. bv right: Single-family detached dwellings, townhouse dwellings (either attached or detached), zero-lot-line dwellings (either attached or detached), two-family and multiple-family dwellings, and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes, and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the MDR Zone District. 3.2 Uses, conditional: Church, school, community building, day nursery, tire station, and other public uses. 3.3 Uses, special: Extraction and processing of natural resources. 3.4 Intensity of lise: A maximum of 12.0 dwelling units per gross acre. 3.5 Minimum Lot Area: (2) 2,000 square feet for zero-lot-line dwellings. (3) 7,500 square feet for single-family detached dwellings and two-family dwellings. (4) 9,000 square feet for multiple-family dwellings. 3.6 Maximum Site Covera~e: (I) For Single-family detached dwellings, zero-lot-line dwellings and two-family dwellings witlloUt common open area as part of the plat at time of subdivision, not marc than 70% of each lot shall be covered by buildings, drives and parking areas. For single-family detached dwellings, townhouse dwellings, zero-lot-line dwellings and two-family dwellings with common open area as pmt of the plat at time of subdivision, not more than 80% of the platted area shan be covered by buildings, parking Hreas and private streets. "1 11l1li1 111111111111111 11111111111111111111 1111111111111 S27739 06/29/1998 01: 091' IHIl1!f P11l3" I'f A1.:SOORF 5 of 12 A 0.00 D 0.00 GRRFIELD COUNTY CO (2) For multiple-fwnily dwellings, not more than 75% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. (3) A lot shall not be limited to one principal structure provided: (A) The uses of each structure shall be allowed within this applicable zone district, and; (B) The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of this zone district, and; (C) The entire lot remains under one ownership. 3.7 Minimum Setbacks: (1) Front Yard Setback: (A) For single-fwnily detached dwellings and two-family dwellings: (i) A.tterial or Collector Streets: no structure shall front on an arterial or collector street. (ii) Local Streets: 50 feet setback from street centerline or 25 feet setback from· front· lot· line; whichever is greater. (B) For multiple-family dwellings: (i) Arterial Streets: 100 feet setback from street centerline or 50 feet setback from front lot line, whichever is greater. ~ ~--(i i )--E'ollector Streets: -90 feenetback from -streer ccnterli ne-or-50 feet -~ setback from front lot line, whichever is greater. (iii) Local Streets: 50 reet setback /i'om street centerline or 25 feet setback from front lot line, whichever is greater. (C) For zero-lot-line and townhouse dwellings: (i) No lot shall front on an arterial or collector street. (ii) Local Streets: 20 feet front setback from the front lot line, if there is a trant-facing garage; or no front setback if there is a side-facing garage or at least 20 feet of common open space between the curb line and the lot line. (D) For all other uses: (i) Arterial Street: 100 feet setback from street centerline or 50 feet setback from lot line, whichever is greater. (ii) Collector Street: 90 feet setback from street centerline or 50 feet setback from lot line, whichever is greater. (iii) Local Streets: 65 reet setback tram street centerline or 40 feet setback from Iront lot line, whichever is greater. 2 I In III 11111 mil 111111111111111111111111 1111111111111 ~27739 06/29/1998 01,09P 81075 P184 M ALSDORF 6 of 12 R 0.00 0 0.00 GARFIELD COUNTY co (2) Rear Yard Setbacks: (A) For single-family detached dwellings, two-family dwellings and multiplefamily dwellings, 15 feet setback from rear lot linc. (8) For zero-lot-line and townhouse dwellings: (1) 10 fcet setback from rear lot line if no alleys or rear utility easements are provided. (ii) No rear setback is required where alleys or utility easements are provided and no automobile access is allowed across rear yard. (iii) Where automobile access is taken across the rear yard: (a) 25 foot rear setback where there is a rear-facing garage. (b) No rear setbacks for a side-facing garage. (c) No rear setbacks if there is at least 25 feet of common open space between the alley pavement and the lot line. (C) For all other uses: 25 feet rear setback when adjacent to residential uses or 10 fcet rcar setback when not adjacent to residential uses. (3) Side Yard Setbacks: (A) For single-family detached dwellings. two-family and multiple-family dwellihgs, 6 jeet setnacK trom side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. (8) For zero-lot-line dwellings, 10 feet setback 011 one side lot line and no setback on the opposite side lot line. No accessory buildings shall be permitted within the required 10 feet side yard setback. (C) For townhouse dwellings, no side yard setbacks are required. except fur corner lot conditions. On corner lots, the side yard setback shall be 25 feet or at least 25 feet of cornmon open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard setback shall be 15 teet or at least 15 feet of common open space between the curb line and the lot line when no automobile access is taken across the side yard. 3.8 Maximum Building Height: 36 feet measured at the vertical to the final grade at the center of the building. 3.9 Minimum Parking: (1) For single-family detached dwellings, two (2) spaces per dwelling unit. 3 IIIIIiI nlll mil ml 11111111111111111111 1111111111111 527739 06/29/1998 01:09P 81075 P1SS M ~SCORF 7 of 12 R 0.00 0 0.00 GARFIELD COUNTY CO (2) For two-family dwellings, two (2) spaces per dwelling unit. (3) For to"'1house and zero-lot-line dwellings, two (2) 'puces per dwelling provided on the lot or in common community open space or a combination thereof. (4) For multiple-family dwellings, one and one-half (I Y,) spaces per dwelling unit. (5) For ali other uscs: sec Supplt!mentary Regulations, Section 10.6. 3.10 Additional Reouirements: All uses shaJl be subject to the provisions under Section 10.0 Supplementary Regulations and Section 11.0 Modifications of Subdivision Regulations. (I) For zero-lot-line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. (2) No portion of any building shall extend beyond lot lines or into public easements or public rights-of-way. (3) For zero-lot-line and townhouse dwellings, no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 3.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82-121) (I) An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted townhome lot, and shares one or more common propeny lines with a directly adjacent and abul1ing town home lot, and shares one ~--. or·~ more ~ com nmn-Duildillg--walisWith-saidaa j acelitlil1dabuttiI Tg-tOwnhoriie dwelling, and extends from the lowest to the highest point of the building between said-common·wall.-. (2) A "Detached Townhouse Dwelling'" shall be >1 single-family dwelling unit which occupies an individual platted towllhome lot and does not .hare any common property lines with any other townhome lot, and said townhome lot is surrounded by dedicated community common area. (3) An "Attached Zero-Lot-Line Dwelling" shall bc a single-family dwelling unit which occupies an individual platted zero-lot-line lot and shares one common building side wall with an adjacent lot zero-lot-line dwelling, and extends from the lowest to the high~sl point of the building between said common walls. (4) A "Detached Zero-Lot-Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zero-lot-line lot and does not share a common building side wall with an adjacent lot zero-lot-line dwelling. 4 111111111111 UIIIIIUI 111111111111111111111111111111111 !27739 06/29/1SS8 01,09P SlC7S P1S6 M RLSDORF 8 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO Battlement Mesa P.U.D. Amended & Restated Zone District Text Approved June 8, 1998 4.0 CAR· Central Area Residential 4.1 Uses. bv right: Single· family detached dwellings, townhouse dwellings (either attached or· detached); zero·lot·line· dwellinl!.s (either-attached' or detach"d); tW(f.[mnily and' multiple·family dwellings. and customary accessory uses including buildings fnr. !illeJler. or enclosure of animals or property accessory to use of the lot for residential purposes, and fences. hedges, gardens, walks, and similar landscape features; parle Temporary real estate sales offices and model homes lIsed only for the purpose of initial sales by the developer of property located within the CAR Zone District. 4.2 Uses, conditional: Church, school, community building, day nursery, tire station, and other public uses, 4.3 Uses, special: (I) Extraction and processing of natural resources. (2) Guest Suite within multi·family dwellings when in conformance with the requirements of thc Gartield County Zoning Resolution, as amended, and the follo\Ving additional provisions: _ ._____ _ _ _ (A) Guest Suites may be converted to long term use, provided long term tenants are advised of the guest suite use of other units in writing prior to signing of a lease. (B) Conversion of long term units (rental by the month) (0 Guest Suites may be allowed when the following conditions have been satisfied: (i) Guest Suites shall be concentrated within a single structure or grouping of structures located so as to minimize the possible contlicts between long term tenants and Guest Suite tenants. (ii) Long term tenants located within a multi· family complex where common facilities such as, but not limited to, parking and access drives or recreation facilities shall be notified of the public hearing to review a Special Use Permit application in accordance to the proccdures of the Garfield County Zoning Resolution, as amended, (iii) All long term tenants occupying a unit designated for conversion to a Guest Suite as approved by the Special Use Permit shall be releused from the terms of any verbal or written agreement requiring a minimum time period for rental of the unit, and an 5 Ilnlll 11111 l1li11 m11ll1111U11111111111 1111111111111 527739 06/29/1996 01:09P 81075 P18? M ALSDORF 9 of 12 R 0.00 D 0.00 GRRFIELD COUNTY CO alternate comparable unit made available to the tenant, and the expense of moving to an alternate unit in the area shall be paid by the kssor. l.ong term residents shall be allowed to reside in a building being converted into Guest Suites, if they so choose. (iv) All long term tenants within the housing complex where certain common facilities (parking, drives. common recreation facilities, etc.) will be utilized by both long term and Guest Suite tenants shull. within 10 days of approval of the Special Use Permit, be advised of the Guest Suite use of other units and facilities. in writing. (v) Management and maintenance response shall be available twentyfour hours per day. 4.4 Intensity of Use: (l) For townhouse dwellings, zero· lot-line dwellings, two-family and multiple-family dwellings. a maximum of 20.0 dwelling units per gross acre. (2) For single-family detached dwellings. a maximum of 12.0 dwelling units per gross acre. 4.5 Minimum Lot Area: (J) 600 square feet for townhouse dwellings. (2) 2,000 square feet for zero-lot-line dwellings. (3) 7,500 square feet for single-family detached dwellings and two-family dwellings. (4) 20.000 square feet for multiple-family dwellings. 4.6 Maximum Site Coverage: (1) For single-family detached dwellings. zero-lot-line dwellings and two-family dwellings without common open area as part of the plat at time of subdivision. not more than 70% of each lot shall be covered by buildings and parking areas. (2) For single-family detached dwellings. townhouse dwellings, zero-lot-line dwellings and two-family dwellings with common open area as part of the plat at time of subdivision. not more than 80% of the platted area shall be covered by buildings. parking areas and private streets. (3)· For multiple-irunily dwellings·. not· more than· 80%·of the platted· area· at the time of subdivision shall be covered by buildings, parking areas and private streets. 6 1111111 nlll mil un 11111111111111111111 IIIII! !lllnl 527739 06/29/1998 01,esp B1075 PISS M ~LSOORF 10 or 12 R 0.00 D 0.00 GRRFIELD COUNTY CO (4) A lot shall not be limited to one principal structure provided: (A) The uses of each structure shall be allowed within this applicable zone district. and: (B) The lolal accumlilated improvements do not exceed the maximum site coverage nor violate any other requirements of this zone districl. and; (C) The entire lot remains under one ownership. 4.7 Minimum Setbacks: (1) Front Yard Setback: (A) For multiple-tillnily dwellings: (i) Arterial Streets: 100 feet setback from street centerline or 50 feet setback from tront lot line, whichever is greater. (i i)· Collector Streets: 90 fet.'t· setback from' street· centerline' or 50' feet· setback from front lot line, whichever is greater. (iii) Local Streets: 50 reet setback from street centerline or 25 feet setback fl'om front Ibr line, whichever is greater. (B) For zero-lot-line and townhouse dwellings: (i) No lot shan front on an arterial or collector street. (ii) Local Streets: 20 reet setback from the Iront lot line, if there is a frollt-I:1cing garage; or no front setback if there is a side-facing .. garage or at least 20-feen5f common-open-space between·the-curb-line and the lot line. (C) For single-family detached dwellings and two-family dwellings: (i) A11crial or Collector Streets: no structure shall front on an arterial or collector street. (ii) Local Streets: 50 feet setback from street centerline or 25 feet setback from front lot line, whichever is greater. (D) For all other uses: (i) Arterial Street: 100 feet setback from street centerline or 50 feet setback from lot line, whichever is greater. (ii) Collector Street: 90 feet setback from street centerline or 50 feet setback fTOm lot line. whichever is greater. (iii) Local Streets: 65 feet setback from street centeriine or 40 feet setback from front lot line. whichever is greater. (2) Rear Yard Setbacks: 7 1111111 nlll mil 111111111111111111111111 U11111111111 527739 06/29/1998 01:09P 81075 PiSS M ALSDORF 11 of 12 R 0.00 D 0.00 GARFIELD COUNTY co (A) For singie-t'1Il1ily detached dwellings, two-family dwellings and multiplefamily dwellings, 15 feet setback from rear lot line. (B) For zero-lot-line and townhouse dwellings: (i) 10 reet setback from rear lot line if no alleys or rear utility easements are provided. (ii) No rear setback is required where alleys or utility easements are provided and no automobile access is allowed across rear yard. (iii) Wbere automobile access is taken across the rear yard: (a) 25 foot rear setback wbere there is a rear-facing garage. (Ir) No rearsetll1lcks' for a' side--l'aeit1ll' gamge: (c) No rear setbacks if there is at least 25 feet of common open space between the alley pavement and the lot line. (C) For all other uses: 25 feet rear setback when adjacent to residential uses or 10 feet rear setback when not adjacent to residential lIses. (3) Side Yard Setbacks: CA) For single-family detached dwellings, two-family and multiple-family dwellings. 6 feet setback from side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. (B) For zero-lot-line dwellings, 10 feet setback on one side lot line and no --setback--on-the-opposite-side-Iot-linec---No-aecessory-buildings-shall be--permitted within the required 10 feet side yard setback. (C) For townhouse dwellings, no side yard setbacks are required, except for comer lot conditions. On corner lots, the side yard setback shall be 25 feet or at least 25 feet of common open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard setback shall be 15 feet or at least 15 feet of common open space between the curb line and the lot line when no automobile accesS is taken across the side yard. 4.8 Maximum Building Heigbt: 36 feet measured at the vertical to the tinal grade at tbe center of the building. 4.9 Minimum Parking: (I) For single-family detached dwellings and two-family dwellings, two (2) spaces per dwelling unit. 8 111111111111 mil mllllllllUlllllIIlll1 1111111111111 ~27739 06/29/1e98 01:09P B107~ P190 M RLSDORF 12 of 12 R 0.00 0 0.00 GARFIELD COUN1Y CO (2) For zero-lot-line oml town home dwellings, two (2) spaces per dwelling provided 011 the lot or in common community open space or a combination thereof. (3) For multiple-family dwellings, I y, spaces per dwelling unit. (4) For all other uses: see Section 10.6 oC Supplementary Regulations. 4.10 Additional Reguirements: All uses shall be subject to the provisions under Seclion 10.0 (Supplementary Regulations) and Section 11.0 (ModiHcations of Subdivision Regulations). (1) For zero-lot-line uwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. (2) No portion of any building shall extend beyond lot lines or into public easements or public rights-of-way. (3) For zero-lot-line and townhouse dwellings, no windows or openings shall be allowed in a wall abutting a propcrty line that faces into all adjoining lot. 4.11 Additional Definitions: (:v1odiHcatioIl to Sec. 10.8, GarHeld County Res. No. 82-121) (I) An "Attached TO\Vl1house Dwelling" shall be a single-tlunily dwelling unit which occupies an individual platted townhome lot, and shares one or more common property lines with a directly adjacent and abutting townhome lot, and shares one or more common building walls with said adjacent and abutting townhome dwelling, ,md extends from the lowest to the highest point of the building between -------saiocommon walls. -----(2) A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted town home lot and does not share any conunon propcI1y lines with any other townhome lot, and said town home lot is surrounded by dedicated community common area. (3) An "Attachcd Zero-Lot-Line Dwelling" shall be a single-family dwelling unit which occupks an individual platted zero-lot-line lot and shares one common building side wall with an adjacent lot zero-lot-line dwelling, and extends from the lowest to the highest point of the building between said common walls. (4) A "Detached Zero-Lot-Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zerO-lot-line lot and does not share a comOlon building side wall with an adjacent lot zero-lot-line dwelling. 9 , '.', . --0 ", -' . '. ,~ , <: STATE OF (DWR'AOO ) ) SS. County of Garfield ) At a regul ar . meeting of the Board of County O:mnissioners for Garfield County, Colorado, held at the Court House in Glenl<.OOd Springs on A.D. Monday , the 24th day of .-:.M.::a"'Y_ ____ t ere wer esent:.· ~/, ...... ~-: "::~-eu .. · ,.-&?,) ,Commissioner Chariman ( Eu 'ene DriI1k ouse , canmissioner ------------------, Commissioner __ ~~~~~~~~--~~~~.' COl~ty Attorney Deputy , Clerk of the Board ------------~~~~ ..nen the follqwirg proceedings, arrorg others were haJ aOO done, to-wit: RESOLurION 00. 82-121 A RESOWrrCtl mNCERNID WI'llIAPPROVAJ, OF A MJDIl'ICATION TO THE .Ef!\NNED [JNIT PFiJBlpeMENT PLAN OF THE BAJT[,EMOO MESA plANNED UNIT DFNErpeMOO. WHEREAS, BattleJl'ent Mesa, Inc. has filed a petition with the Board of County Commissioners of Garfield County to modify the Planned Unit Development Plan of the Battlement Mesa Planned Unit Il(!velopment; aOO WHERF.J\S ,_a_publ ic-heat'irg was-held-by-this-Board-onApril-19,1982-and-continYEd to May 3, 1982; aOO WHEREAS, based on the evidence, testinnny, exhibits, study of the COmprehensive Plan for the uninco,porated area of the County, ccxnnents of the Garfield county Plannirg Department, corrments of public officals arrl agencies, arrl carrnents fran all interested parties, this Board finds as follows: 1. 'I11at proper postirg, publication, arrliPUblicl)Otice was providoo as required by law for the hearirg before the Board; 2. That .the hElaring before the Board was extensive arrl complete, that, all ; pertinent facts, matterS aOO issues were submitta:! a 00 that 'all :intetes~~. parties· were heard at that hearirg;' .. 3. That the GarfielCl County Planning Commission has reo:mnended t;othis ;Board that the 1 equested modificat ion of the Planned Uni t DevE!lopnent Plan. be.' granl:~: . 4. That the proposed zonirg is in canpliance with thii recCrijrnendatiol'iS·sef forth in the Comprehensive Plan for the unincorporated ·area of the COunty; ' ... 5. That the projX)sed land use will be ccmpatible with existirg arrl peimitt'ed laOO uses in the nearbY area;· .' '., .' .' . 6 •. That for the above-stated and other reasons, the proposed··modification of the Planned Unit Developrrent Plan is in the best interest of' the health, safety; morals, convenience, order, prosperity arrl ~lfare of tbe citizens of Garfield County; -, ; , , , '. '. ,. I NCM, THEREFORE, IlE IT RESOLVED by the Boa~d of County Cornnissioners of Garfiel County, Colorado that the petition of Battlement Mesa, Inc. for a modification of the Planned Unit Development Plan of the Battlement Mesa Planned unit development for the followirq describe:.i unincoqorated a~ea of Ga~field County be an::l hereby is granted and approved subject to the following conditions: LEl3AL DESCRIPTION: EXHIBIT A attached 1 • 'nlat the Battlement Mesa Planned Unit Development shall consist of the following zonirg dist~icts, the boundaries of I>hich shall be irYlicated up:>n final plat of Battlement Mesa Planned Unit Development, or various final plats thereof, I>hich districts shall be identified as follows: SEE EXHIBITS B (TEXT) AND C (MAP) ATl'AOIED 2. All resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. 'nlis repealer shall not be construed as reviving any resolution of part thereof. ATTEST: OOARD OF rouN'lY <DMMISSIONERS GARFIELD <XlUN'lY, <DLORAIX) U[X>n ootion duly made and seconded the foregoing Resolution was adoptoo by the following vote, S'rA'rE OF <DLORAIXl, ) )SS. County of Garfield ) __F_l_a_v_e_n_ _J_. __C~ e-r-is-e-------~Aye ~E~u~g~e~n~e~D~r~L~·n~k~h~o~u~s~e _______ ~Aye -"L",a!.!r..Jr-:YL..:V ~e,--.l. ..a a;s.uq~ul!!e",z,"-________. -:Aye Conmissioners I, , County Clerk and ex-officio Clerk of the Board of County CClllllllssioners in and for the county and State aforesaid do hereby certify that the annexed and foreqoirq Order is truly copioo from the Records of the pmceedings of the Board of County Conmissioners for said Garfield County, now in IllY office. IN WI'INESS I'HERroF, I have hereunto set my hand and affixed the seal of said County, at Glenw:xxl Springs, this day of , A.D. 19 County Clerk and ex-officio Clerk of the Board of County Ccmmissioners " , " , , .. . • EXHIBIT "f." REVISED PROPERTY DESCRIPTION fOR BATTLEMENT MESA PLANNED UNIT DEVELOPMENT April 15, 1982 A parcel of land lying in Sections 5. 6. 7. 8, 9. 10. 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5, S DO· 15' 43" W a distance of 1628.34 feet, to the SE Corner of the 1'1 1/2, N£ 1/4, SE 1/4, SE 1/4 of Said Section 5; Thence along the South line of the N 1/2, NE 1/4, SE 1/4, SE 1/4, 1'187" 19' ,30" II a distance of 664.56 feet, to the SW Corner of said N 1/2, NE 1/4, SE 1/4. SE 1/4; Thence along the West 1 ine of the-N 1/2, NE 1/4, Sf 1/4, SE 1/4 of Section 5, N 00°-23' 16" f a distance of 324.34 feet, to the NW Corner of said NE 1/4. SE 1/4, SE 1/4; Thence along the North line of the SE 1/4, Sf 1/4 of said Section 5, N 87° 26' 14" W a distance of 663.79 feet, to the NW Corner of said _Sf 1/4, SE 1/4; Thence along the West line of SE 1/4, Sf 1/4 of said Section 5, S 00° 30' 52" W a distance,of 1292.05 feet, to the SW Corner of said Sf 1/4, SE 1/4; Thence along the South line of said Section 5, S 86° 59' 25" f a distance -of-13J3T74-feet-, to-the-S[-Gorner-of-sai-d-Sl!1:"non5; ---------Thence along the North line of Section 9, Township 7 South, Range 95 West, S 87° 59' 43" [ a distance of 1326.37 feet, to the NE Corner of the NW 1/4, NW 1/4 of said Section 9; Thence along the East line of the NW 1/4, Nil 1/4 of said Section 9, SOlo 02' 26" W a distance of 1301.45 feet, to the SE Corner of Said NW 1/4; NW 1/4; Thence along the North line of the Sf 1/4, NW 1/4 of said Section 9, S 88° 02' 23" E a distance of 1324.35 feet, to the n~ Corner-of said SE1/4,NW1/4; Thence along the North line of the SW 1/4, ~E 1/4 of said Section 9, S 88° 35' 51" E a distance of 1275.60 feet, to the NE Corner of said SW1/4,N£1/4; Thence along the West line of the N£ 1/4, NE 1/4 of said Section 9, NOlo 04' 15" E a distance of 1311.84 feet, to the NW corner of said N£1/4,N£I/4; Thence along the North line of said Section 9, S a9° 06' 43" £ a distance of 1274.26 feet, to the NE corner of said Section 9; Thence along the East line of said Section 9. SOlo 00' 49" W a distance of 1323.29 feet, to the SE corner of the NE 1/4, NE 1/4, of said Section 9; Thence along the North line of the SW 1/4, NW 1/4 of Section 10, Township 7 South, Range 95 West, S 88° 46' 55" £ a distance of 631.29 feet, to a point on the Harth 1 ine of the said SW 1/4, NW 1/4. 687 feet West of the !IE corner of said SW 1/4, NW 1/4, said point being the Northwest corner of that '. \ Page 2 '. " , .•.. > parcel of land described in Document Number 198564 as recorded in Book 302, at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) cours es : (l) S 00° 49' 34" W a distance of 221.67 feet; (2) S 48° 09' 56" E a distance of 361.92 to a point 456.00 feet, as measured at right angles, southerly from the North line of the Southwest 1/4, Northwest 1/4 of said .Section 10; (3) S 89° 17' 47" E a distance of 166.55 feet; (4) S 00° 49' 34" Wa distance of 201.43 feet; (5) S 89° 17' 47" E a distance of 246.37 feet; to a qoint on the East line of said SW 1/4. NW 1/4. 655 feet South of the Northeast Corner of said SW 1/4. NW 1/4; Thence departin9 said parcel boundary along the East line of the SW 1/4. NW ,./4 of said Section 10. S 00° 54' 36" Wa distance of 667.20 feet. to the SE corner of said SW 1/4. NW 1/4; Thence along the East line of the NW 1/4. SW 1/4 of said Section 10. S 00° 54' 38" Wa distance of 1315.11 feet. to the SE corner of said NW 1/4. SW 1/4; Thence alon9 the South line of the NW 1/4. SW 1/4 of said Section 10. N '89° 11' 04" Wa dist,ance of 1323.06 feet. to the SW corner of said NW 1/4. SW 1/4; Thence along the South line of the N 1/2. Sf 1/4 of Section 9. ---Towns Hp-7-S-01ftn-;-Rangt!-95-lIes t-N-87 0-19 '-n"-\iIa-distance of-----2557.45 feet. to the SW corner of said N 1/2. Sf 1/4; Thence along the South line of the N 1/2. SII 1/4 of Section 9. N 88° 38' 08" Wa distance of 2654.44 feet to the SW corner of said N 1/2. SII 1/4; . . Thence along the South line of the NE 1/4. Sf 1/4 of Section 8. Township 7 South. Range 95 West. N 88° 43' 49" II a distance of133l.33 feet to the SII corner of said HE 1/4. SE 1/4 of Section 8; Thence along the West line of the S[ 1/4. SE 1/4 of .Section 8, SOl o 20' 14" Wa distance of 1316.23 feet to the SW corner of said S[ 1/4'. S[ 1/4 of Section 8; Thence along the East line of the W 1/2. NE 1/4 of Section 17. SOl O 00' 57" II a distance of 2639.16 feet. to the S[ corner of said W 1/2. N[ 1/4 of Section 17; 1hence along the North line of the H[ 1/4. SE 1/4 of Section 17. S 88° 46' 04" E a distance of 1324.13 feet. to the E 1/4 corner of Section 17; Thence along the Easterly line of the HE 1/4. SE 1/4 of Section 17. SOl o 01' 24" Wa distance of 1320.50 feet. to the SE corner of the NE 1/4. SE 1/4. of Section 17; Thence along the North line of the SW 1/4. SW 1/4 of Section 16. Township 7 South. Range 95 \lest. S 87° 41' 13" E a distance of 1330.94 feet. to the HE corner of said SW 1/4. SW 1/4; Thence along the East line of the SW 1/4. SW 1/4 of Section 16, SOl o 03' 30" Wa distance of 1322.00 feet to the SE corner of said SW 1/4. SII 1/4; Thence along the South line of said Section 16 N 87° 37' 18" Wa distance of 1330.20 feet. to the SII corner of said Section 16; " .. .,;.,. , . . ' Page 3 Thence along the South line of Section 17, Township 7 South, Rnage 9S West N 88° 44' 01" Wa distance of 1984.49 feet, to the SW corner of the E 1/2, SW 1/4, SEI/4; Thence along the West line of the E 1/2, SW 1/4, SE 1/4, N 00°59'11" f; a distance of 1319.91 feet, to the NW corner of said f 1/2, SW 1/4, SE 1/4; Thence along the South line of the NW 1/4, SE 1/4 of said Section 17, N 8S· 45' 02" Wa distance of 661.78 feet, to the SW corner of said NW 1/4, SE 1/4; Thence along the South line of the HE 1/4, SW 1/4, N 88° 45' 02" W a distance of 1158.58 feet, to a point 10'rods East of the SW corner of Said NE 1/4, SW 1/4; Thence NOlo 03' 04" E a distance of 131.93 feet; Thence N 88° 43' 44" W a distance of 165.63 feet: • Thence NOD· 55' 58" E a distance of 527.66 feet, along the West line of the NE 1/4, SW 1/4 to the NE corner of the S 1/2, NW 1/4, SW 1/4; Thence N 88° 45' 33" W 1324.42 feet to the NE corner of the E 1/2, SE 1/4, 1/[ 1/4, SE 1/4 of Section 18, Tow.nship 7 South, Range 95 West: Thence along the North line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said ~, Section 18, N 88° 24' 33" Wa distance of 329.86 feet, to the Nil corner of said East 1/2, SE 1/4, NE 1/4, SE 1/4: Thence along the West line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said Section 18, S 00° 53' 57" W a distance of 659.61 feet to the SW corner of said E 1/2, SE 1/4, NE 1/4, SE 1/4: Thence alon9 the South line of the NE 1/4, SE 1/4 of said Section 18, N 88° 26' 07" W a distance\of 989.84 feet to the SW corner of said NE 1/4, SE 1/4: Thence along the East line of the SW 1/~,_SL]/_4-,-of~said-SeG-t-ion-18-,-· ----------S-000-55-'-Zr'---wT·di stance 0 f 1320.46 feet, to the SE corner of sa id SW 1/4, SE 1/4; Thence along the East line of the W 1/2, NE 1/4 of Section 19, Township 7 South, Range 95 West, SOlO 06' 34" Wa di.tance of 2642.08 feet, to the SE corner of said W 1/2, NE 1/4: Thence along the SQuth line of the NE 1/4 of Section 19, N 88°41'12" W a distance of 1329.89 feet, to the SW corner of said NE 1/4: Thence continuing Westerly along the South line of the NW 1/4 of said Section 19, N 88° 41' 12" 2570.38 feet to the SW corner of said NW 1/4 of Section 19;, Thence continuing Westerly along the South line of the NE 1/4 of Section 24, Township 7 South, Range 96 West, N 89° 32' 43" Wa distance of 2673.12 feet to the SW corner of said NE 1/4; Thence along the West line of Said NE 1/4, N 00° 23' 55" W 1023.06 feet; Thence N 01°25' 42" E 229.68 feet: Thence N 66' 11' 04" W 236.83 feet: Thence N 34° 29' 42" E 1613.03 feet; Thence N 88° 52' 30" W 202.82 feet: Thence NO~' 00' 00" E 461.13 feet: Thence N 81' 10' 00" W 955.94 feet to the centerline of the Colorado River: Thence along said center the following courses and distances: N 26' 28' 25" E 232.98 feet: N 30° 21' 25" E 206.15 feet: N 35' 25' 25" E 644.58 feet: N 29° 17' 25" E 829.38 feet: N 40' 24' 25" E 99.86 feet; N 36' 27' 2511 E 150.05 feet; " , . Page 4 N 34° 54' 25" E 163.27 feet; N 31° 12' 21" E 266.75 feet; N 50° 36' 25" E 686.79 feet; N 72° 23' 50" E 390.96 feet; N 76° 17' 12" E 151.22 feet; N 77° 41' 27" [ 463.54 feet; N.79° 53' 07" E 281.99 feet; N 79° 01' 50" [ 87.91 feet; N 62° 57' 39" E 257.89 feet; N 27° 17' 27" E 312.44 feet; N 40° 46' 59" E 126.43 feet; N 24 ° 17' 40" E 197.27 feet; N 32° 26' 39" E 124.13 feet; N 60° 01' 18" E 109.42 feet; N 74° 02' 49" [ 226.07 feet; , N 78° 19' 08" E 154.17 feet; N 50° 40' 20" E ·444.~6 feet; N 35° 52' 21" E 149.32. feet; N 26° 41' 02" [ 150.34 feet; N 14° 13' 25" E 511.69 feet; N 24° 54' 48" E 241.07 feet; N 14° 40' 02" E 996.76 feet; N 04° 23' 25" W 274.60 feet; N 08° 35' Q4" E 215.19 feet; N 20° 08' 11" E 79.88 feet; N 32° 27' 48" E 71. 69 feet; -----Thence-le a ving-s ai-d-Co-loTado-Ri-ver-cmte'rltneS-81-0-08 '-11 "-E-526-:-15-f ee t; Thence North 01° 04' 10" East a distance of 485.22 feet; Thence South 88° 24' 36" East a distance of 83.00 feet; Thence North 53° 18' 25" East a distance of 635.50 feet to the southerly Right-Of-Way of the existing County Road; Thence a10n9 said Right-Of-Way South 43° 14' II" East a distance of 55.74 feet; Thence continuing along said Right-Of-Way South 34° 04' 07" East 107.02 feet; Thence continuing along said Right-Of-Way South 15° 35' 44" East 66.56 feet; Thence North 12° 19' 16" West a distance of 13.56 feet; Thence South 79° 47' 18" West a distance of 24.89 feet; Thence South 37° 23' 26" West a distance of 100.52 feet; Thence South 06° 07' 27" West a distance of 83.52 feet; Thence North 88° 48' 43" East a distance of 85.28 feet to the westerly Right-Of-Way of the existing County Road; Thence along said Right-Of-Way the following courses and distances; South 10° 11' 10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02° 50' 01" East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42° 18' 20" East 310.85 feet; Thence South 77° 25' 36" East a distance of 249.91 feet; ·' , Page 5 -,....~ .. ".) Thence South 82° 00' 16" East 142.25 feet; Thence leaving said County Road Right-Of-Way North 13° 52' 58" East a distance of 60.00 feet; Thence South 76° 07' 01" East a distance of 196.00 feet; Thence South 66° 03' 01" East a distance of 92.80 feet; Thence North 64° 50' 00" East a distance of 12.20 feet; Thence South 86° 44' 06" fast a distance of 201.00 feet; Thence North 01° 36' 29" fast a distance of 650.00 feet; Thence North 86° 44' 01" West a distance of 359.65 feet; Thence North 01 ° 36' 06" fast a distance of 469.21 feet; Thence North 01 ° 32' 15" fast a distance of 568.40 feet; Thence North 01 ° 39' 14" East a distance of 355.62 feet; Thence North 85° 54' 03" West a distance of 597.54 feet to the centerline of the Colorado River; Thence a1~ng said centerline the following courses and distances: N 30° 34 ' 03 u E 126.48 feet; N 11 ° 14 ' 23" E 262.86 feet; N 03° 21' 52" E 244.98 feet; N 06° 43' 43" E 149.36 feet; N 09° 50' 22" W 130.18 feet; N 15° 44' 4411 W 249.17 feet; N 23° 23' 56" E 595.97 feet; N 29° 30' 40" E 146.50 feet; N 43° 21' '22" E 437.13 feet; N 53° 22' 38" E 517.59 feet; __ N_60~37_' 2-4"--E-6J9.69-feet; ._----' N 58° 44' 59" E 242.35 feet; N 68° 18' 39" E 236.76 feet; N 74° 06' 42" [ 340.87 feet; N 86° 52' 08" E 446 .. 66 feet; N 88° 43' 46" E 270.5li feet; S 83° OS' 32" [ 198.26 feet; N 78° 27' 53" [ 6.18.98 feet; N 76° 29' 45" [ 483.05 feet; N 49° 07' 36" [ 593.26 feet; Thence leaving said Colorado River centerline S 87° 53' 17" [ a distance of 2282.68 feet along the North line of the SE 1/4 of said Section 5, Township 7 South, Range 95 West of the Sixth Principal Meridian to the point of beginning and containing 3231.348 acres. more or less. rxCEPTlNG A parcel of land located in Section 18, Township 7 South, Range 95 West. ,. , .. .. . r Page 6 (" ,'." " :i~' of the Sixth Principal Meridian and more particularly described as follows; Beginning at a point whence a Bureau of Reclamation Brass Cap monumenting the west 1/4 corner of said Section 18 bears N '88° 23' 00" \~est 777 . 00 feet; Thence Horth 17° 37' 00" East Thence South 88° 23' 00" East Thence South 24° 50' 39" West Thence North 88° 23' 52" West 180.00 457.16 188.29 432.52 feet; feet; feet; feet to the point of beginning and containing 1.767 acres more or less. ALSO' [XCEPTltlG , ' A parcel of 1a·nd located in the [ 1/2, NE 1/4 of Section 9, Township 7 South, Range 95 West of the Sixth Principal Meridian lying South of the centerline of the existing County Road which bisects said E 1/2, NE 1/4 being more fully described as follows. Beginning at the South West corner of the E 1/2, NE 1/4 of said Section 9; Thence North O~o 04' 15" East 1326.43 feet.t.o .. the. center line of the existing County Road; Ihence-along-sa-id-centel"Line-the-fol-low-in9-cour-se-s-----South 88° OS' 38" East 606.75 feet; Thence 173.76 feet along the arc of a curve to the left having a central angle of 36° 50' 00", a radius of 270.29 feet, and a chord that bears North 7·3° 13' 49" East 170.52 feet; Thence North 54° 33' 16" East 112.11 feet; Thence 266.93 feet along the arC of a curve to the right having a central angle of 79° 30' 00" , a radius of 192.38 feet, and a chord that bears South 79° 26' 03" East 222.24 feet; Thence South 54° 46' 1 goo East 238.44 feet; Thence leaving said road centerline South 01° 00' 49" West 1284.83 feet, along the East line of said E 1/2, NE 1/4 to the . SE corner of said E 1/2, NE 1/4; Thence North 88° 05' 03" West 1277.04 feet along the South line of said [ 1/2. NE 1/4 to the point of beginning and containing 39.926 acres more or less. EXIIIBIT "B" BATl'LFMENT MESA PLIINNED UNIT DEVELOPMENT DISrnrCl' REJ:;UIATIONS The land use districts within the Battlement Mesa Planned Unit Development shall' be governed in conformity with the following regulations: 1.0 RDR -Rural Density Residential 1. 1 Uses, by r~ht: Detached single-family dwellings and custanary accessory uses, lnCl ing buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. 1.2 Uses, conditional: Oturch, school, caronunity buildill;l, day'nursery, fire station, dna other public uses. 1.3 Uses, special: ,Extraction and processing of natural resources. 1.4 Intensity of Use: A maximlJll of 1.0 dwellill;l unit per gross acre. 1.5 Minimll11 Lot Area: 12,500 square feet. 1.6 MaximlJll Site Coverage: fur detached single-family dwelllll;ls, without cannon area as part of the< plat at time of subdiviSion, not nore than 45% of each lot shall be covered by buildings and parking areas. -----FGr-det:ached-sill;lle-family-dweHings-wtth cannon open area as part of the plat at tine of subdivision, not nore than 50% of the platted area shall be covered by buildill;ls, parkill;l areas, and private streets. 1.7 MinimlJll Setbacks: (1) Front Yard: (a) Arterial or Collector Streets: ( 11 ) No residential structures shall front on an arterial or , collector street. (b) (21) 'For all other uses, 100 feet fram street centerline or 50 feet fram front lot line, Iohichever is greater. Local Streets: (11) For residential structures 50 feet from street centerline or 25 feet fram front lot line, I>hichever is greater. ( 21 ) For all other uses, 65 feet fram street centerline or 40 feet fram front lot line, Iohichever is greater. (2) Rear Yard: 20 feet fram rear lot line. (3) Side Yard: 10 feet fram side lot line. On comer lots, the side yard shall be 25 feet Iohen autO!lObile access is taken across the side yard; the side yard shall be 15 feet when no autorrobile access is taken across the s ide yard. -3- " · , 1.8 Maximum Buildinq Height: 36 feet /n:!asured at the vertical to the grade at the center of the bU1lding. \ 1.9 Minimum Off-Street Parking: (1) Tho spaces per dwellio;; unit. (2) For all other uses: see Suwlerentary Regulations (Section 10.6). 1.10 Mditional Requirements: All uses shall be subject to the pt"ovisions under SectlOn 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). -4- · . '. '-.. '. 2.0 LDR -Low Density Residential 2.1 Uses, by right: Detached sirqle-family dwellings am attached slngle-famHy dwellings (either townhouses or zero-lot-line houses) and customary accessory uses, including buildings fbr shelter or enclosure of animals or prq?erty accessory to use of the lot for single-family residential purposes and fences, hedges, gardens~ walks, an:! similar lamscape features; park. 2.2 Uses, con:!itional: Church, school, carvnunity buildirq, day rursery, fire station, am other public uses. . 2.3 Uses, special: Extraction am processing of natural resources. 2.4 Intensity of Use: A rnaxirrun of 5.0 dwelling units per grass acre. 2. 5 Miniml.l1l lDt Area: (1) For single-family detached dwellings, 7,500 square feet. (2) For townhouse attached single-family dwellings, 2,200 square feet. (3) For zero-lot-line attached single-family dwellirqs, 4,000 square feet. 2.6 Maximtmt Site Coverage: For detached an:! attached sirqle-family dwellirqs withOut comron area as pact. of the plat at time of subdivision, not nore than 60% of each lot shall be covered I:¥ buildings am parking areas. ____ F'or_detached_am_attaGhed-single-famHy-dweH-irqs-with-camon-.:pen-arEra-as---part of the plat at time of subdivision~ not nore than 70% of the platted area shall be covered I:¥ buildings, parkirq areas, and private streets. 2.7 Minimum Setbacks: ( 1 ) Front Yard ( a) (b) (e) For single-family detached dwellirqs (11) Arterial or Collector streets: no structure shal:J. front on an arterial or collector street. (21) Local Streets: 50 feet fran street centerline of 25 feet fran lot line, whichever is greater. For zero-lot-line an:l townhouse attached sirqle-family dwellirqs ( 11) Arterial or collector street: no lot shall front on an arterial or collector street. (21) Local streets: 25 feet fran the front lot line, if there is a front-facing garage; or no setback if there is a sidefacing garage or at least 25 feet of common q?en space between the curb line am the lot line. For all other uses (11) Arterial or collector street: 100 feet fran street CEnterline or 50 feet fran front lot line, whichever is greater. (21) Local streets: 65 feet from street centerline or 40 feet fran front lot line, whichever is greater. • ", ,-: .~ 1'1~':;':'~! '2-"-(2) Rear Yard: (a) For single-family detached dwellings 15 feet from rear lot line. (b) For zero-Iot-line alii townhouse attached single-family dwellings (11) 10 feet from rear lot line if no alleys or rear utility easements are provided. (21) No rear yard is required where alleys or utility easements are provided am no autorrobile access is allowed. (31) Where autarobile access is taken: (a1) 25 foot setback Where there is a rear-facing garage. (b 1) No setback for a side-facing garage. (c 1) No setback if there is at least 25 feet of o:JII1IlOI'I open space betI-Ren the alley pavement am the lot line. (c) tor all other uses: 25 feet when irljacent to residential uses or 10 feet when not irljacent to residential uses • (3) Side Yard: (a) FOr single-family detached 6 feet from side lot line. <Xl corner lots, the side yard shall be 25 feet when autOllObile access is taken across the side yard;, the side yard shall be 15 feet when no autorrobile access is taken across the side yard. \ (b) For zero-Iot-line dwellings 10 feet on one lot line alii no set_________ -=ba~ck~oc_;n'_="the=,£PPOsite lot line. No accessoty buildings shalL be_ pennitted within the required side yard. (c) For townhouse attached single-family dwellings no side yards are required except for oorner lot oonditions. On corner lots, the side yard shall be 25 feet when autonobile access is taken across the side yard: the side yard shall be 15 feet when no automobile access is taken across the side yard. (d) FOr all other uses: 10 feet from a side lot line or 25 feet for a side yam on a oorner lot. 2.8 MaxllnlllQ Building Height: 36 feet measured at the vertical to the grade at the center of the building. 2.9 Minllnum Off-Street Parking: (1) For single-family detached dwellings two spaces per unit. (2) For townhouse and zero-Iot-line attached single-family dwellings tl«> spaces per dwelling unit and 1/2 visitor space provided on the lot or in cannon canmunity open space or a combination thereof. (3) For multiple-family dwellings one an1 one-half spaces per dwelling unit. (4) For all other uses: see Supplementary Requlations (Section 10.6). -6- " t''':· .:.' 2.10 Additional ~irements: All uses shall be Subject to the prOlTisions under sectwn 10. upplerrentary Regulations) and Section 11.0 (M:>difications of Subdivision Regulations). (1) FOr zero-lot-Iine dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yam for the a:ljacent lot. (2) No p:>rtion of any building shall extend beyond lot lines or into public easements or public rights-of-way. (3) For zero-Iot-line and townhouse dwellings no windows or cpenings shall be allowed in a wall abutting a 'property line that faces into an adjoining lot. -7- • ':,:":'". i;~;;;~'i'.' 3.0 MDR -Medium Density Residential 3.1 Uses, by right: Single-family detached dwellings, attached single-fanily dwellings (either townhouses or zero lot line houses), two-family am multiple-family dwellings, arrl customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, arrl similar landscape features 1 park. 3.2 Uses, conditional: Church, school, a:mnunity building, day nursery, fire stat lon, ana other public uses. 3.3 Uses, special: Extraction arrl processing of natural resources. 3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre. 3.5 Minimum lQt Area: (1) 600 square feet for townhouse, attached single-family dwellings • (2) 2,000 square feet for zero-lot-line, attached single-family dwellings. (3) 7,500 square feet for single-family detached dwellings arrl two-family dwellings. (4) 9,000 square feet fo~ multiple-family dwellings~ -----3.6-Maximum-Site-COverage:--------~----------_----(1) For single-family detached dwellings, attached single-family dwellings arrl two-family dwellings without comnon open area as part of the plat at time of subdivision, not nore than 70% of each lot shall be COITered by buildings, drives and parking areas. For Single-family detached dwellings, attached single~family dwellings arrl two-family dwellings with comrron open area as part of the plat at time of subdivision, not nnre than 80% of the platted area shall be covered by buildings, parking areas and streets. (2) For multiple-family dwellin;:Js, not nore than 75% of the platted area at the time of subdivision shall be covered by buildings, parking and private streets. (3) A lot shall not be limited to one principal structure provided: (a) 'l11e uses of each structure shall be allowed within the applicct>le zone district. (b) The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. (c) The entire lot remains under one ownership. -8- '. , . ~~1;) 3.7 Minimum Setbacks: ( 1 ) Front Yard: ( 2) ( a) (b) (c) For single-family detached dwellings and two-family dwellings (11) Arterial or Collector Streets: no structure shall front on arterial or collector street. (21) IDcal Streets: 50 feet fran street centerline or 25 feet fran lot line, whichever is greater. FOr multiple-family dwellings (11) Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater1 (21) Collector Streets: 90 feet fran street centerline or 50 feet fran front lot line, I<kaichever is greater. (31) IDeal Streets: 50 feet from street centerline or 25 feet fran front lot line, whichever is greater1 for zero-lot-line and townhouse, attached single-family dwellings 111) No lot shall front on an arterial or oollector street. (21) IDeal streets: 25 feet fran the front lot line, if there is a front-facing garage1 or no setback if there is a sidefacing garage or at least 25 feet of common open space bet~en the curb line and the lot line. (d) FOl all other uses (1 ) Arterial Street: 100 feet from street centerline or 50 feet fran lot line, I<kaichever is greater. (21) Collector S~reet: 90 feet from street centerline or 50 feet from lot line, I<kaichever is greater. (31) IDeal Streets: 65 feet from street centerline_or_40-f'eet _ ... fran front lot line, I<kaichever is greater. Rear Yard: (a) For single-family detached dweilings, two-family dwellings and multiple-family dwellings 15 feet fran rear lot line. (b) (c) FOr zero-lot-line and townhouse attached single-family dwellings: (11) 10 feet fran rear lot line if 00 alleys or rear utility easements are provided. (21) .No rear yard is required I<kaere alleys or util ity easements are provided and no automobile access is allowed. (3 1) Where autarobile access is taken: --f<i 1) 25 foot setback where there is a rear-facing garage. (b 1) No setbacks for a Side-facing garage. (c 1) No setbacks if there is at least 25 feet of CXl11!IOn open space betll'een the alley pavement and the lot line. For all other uses: 25 feet when ldjacent to residential uses or 10 feet when not adjacent to residential uses. -9- (3) Side Yard: (a) For single-family detached, two-family and rroltiple-family dwellings 6 feet frQ1l side lot line. 0'\ rorner lots, the side yard shall be 25 feet \>.hen autOlrobile access is taken across the side yard; the side yard shall be 15 feet when no autonobile access is taken across the side yard. (b) FOr zero-lot-line dwellings 10 feet on one lot line and no setback on the cpposite lot line. I>b accessory buildings shall be permitted within the required side yard. (c) For townhouse attached single-family dwellings no side yards are required except for corner lot ronditions. 0'\ rorner lots, the side yard shall be 25 feet \>.hen autQ1lQbile access is taken across the side yard; the side yard shall be 15 feet when no autorrobile access is taken across the side yard. 3.8 Maximum Bu,ilding Height: 36 feet rreasured at the vertical to the grade at the center of the bllliding. 3.9 Minimum Parking: (1) For single-family detached dwellings two spaces per unit. (2) For two-family dwellings two spaces per dwelling unit. (3) For townhouse and ze~lot-line attached single-family dwellings two spaces per dwelling and 1/2 visitor space provided on the lot or. in oommon community cpen space or a combination thereof. (4) For multiple-family dwellings one and one-half spaces per dwelling unit. (5) For all other uses: see Supplementary Requlations (Section 10.6). 3.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Requlations) and Section 11.0 (Modifications of Subdivision Regulations). (1) For zero-Iot-line dwellings, a minimum J1'aintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. (2) No portion of any building shall extend beyond lot lines or into public easements or public rights-of-way. (3) For zero-Iot-line and townhouse dwellings no windows or cpenings shall be allowed in a wall abutting a prcperty line that faces into an adjoining lot. \ -10- " 4.0 CAR -Central Area Residential 4.1 Uses, by right: Attached single-family dwellings (either townhouses or zero-lot-hne houses), two-family and multiple-family dwellings, and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. 4.2 Uses, conditional: Church, school, canrnllllity building, day nursery, fire station, and other public uses. 4.3 Uses, special: Extraction and processing of natural resources. 4.4 Intensity of Use: A maximum of 20.0 dwelling llIlits per gross acre. 4.5 Minimum Lot Area: (1) 600,square feet for townhouse, attached single-family dwellings. (2) 2,000 square feet fOr zero-lot-line, attached single-family dwellings. (3) 7,500 square feet for two-family dwellings. (4) 20,000 square feet for multiple-family dwellings. 4.6 Maximum Site Coverage: Fbr attached single-family dwellings without common open area as part of the plat at tiJre of subdivision, not IlOre than 70% of each lot shall be covered by buildings and parking areas. Fbr attached single-famil~ dwellings_with_common_open_area_as_part_of_the ____ plat at time of subdivision, rot IlOre than 80% of the platted area shall be covered by buildings, parking areas and private streets. Fbr multiple-family dwellirgs, ror rrore than 80% of the platted area at the time of subdivision shall be covered by buildings, parking and private streets. A lot shall not be limited to one principal structure provided: ( 1 ) The uses of each structure shall be allowed within the <t>plicable zone district. (2) The total accumulated inprovements do not exceed the maximum site coverage nor violate any other requirements of the zone district. (3) The entire lot remains llIlder one ownership. -11- , .". <lr ,~ '::LC;i 4.7 Minimum Setbacks: (1) Front Yard: (a) For multiple-family dwellings (11) Arterial Streets: 100 feet frem street centerline or 50 feet frem front lot line, l'Alichever is greater. (21) Collector Streets: 90 feet from street centerline or 50 feet frem front lot line, l'Alichever is greater. (31) Local Streets: 50 feet fran street centerline or 25 feet fran front lot line, l'Alichever is greater. (b) For Tho-family dwellings, zero-Iot-line arxl townhouse attached siogle-family dwellings ' (11) No lot shall front on an arterial or collector street. (21) Local streets: 25 feet frem the front lot line, if there , is a front-facirl;! garage; or no setbad<: if there is a sidefacing garage or at least 25 feet of common open space bet~en the curb line arxl the lot line. ( c ) For all other uses: (11) Arterial Street: 100 feet from street'centerline or 50 feet frem lot line, l'Alichever is greater. (21) Collector Street: 90 feet from street centerline or 50 feet fran lot line, l'Alichever is greater. (31) Local Streets: 65 feet fran street centerline or 40 feet frem front lot line, l'Alichever is greater. (2) Rear Yard: (a) For tWO-family ~llings and multiple-family dwellings 15 feet frem rear lot line. ___ (n)_F'or-zero---1ot=l-ine-and-tGWllhouse-attaehed--&ingle-f-amHy----d~llings (11) 10 feet from rear lot line if no alleys or rear utility easements are provided. (21) No rear yard is required where alleys or utility easements are provided and no autOllDbile access is all~. (31) Where autanobile access is taken: (a 1) 25 foot setback where there is a rear-facing qarage. (b1) No setbacks for a side-facing garage. (c 1) No setbacks if there is at least 25 feet of o:xnrron open space bet~n the alley pavement ara the lot line. (c) For all other uses: 25 feet when a::ljacent to residential uses or 10 feet when not oojacent to residential uses. -12- '. ")'" .::!-u (3) Side Yard: (a) For two-family and multiple-family dwellings 6 feet fran side lot line. Ch corner lots, the side yard shall be 25 feet when utorrobile access is taken across the side yard; the side yard shall be 15 feet when no autolTDbile access is taken acro;;s the the side yard. (b) For zero-Iot-line dwellings 10 feet on one lot line and no setback on the opposite lot line. N:l acceSSOl:Y buildings shall be permitted within the required side yard. (c) For townhouse attached single-family dwellings no side yards are required except for corner'lot oonditions. en corner lots, the side yard shall be 25 feet when autOllObile access is taken a::ro;;s the side yard; the side yard shall be 15 feet when no autOlOObile access is taken across the side yard. 4.8 Maximum BlIilding Height: 36 feet rreasured at the vertical to the grade at the center of the building. 4.9 Minimum Parking:' (1) For two-family dwelling two spaces per dwelling unit. (2) For zero-lot-Iine and townhouse attached single-family dwellings tl>O spaces per dwelling and 1/2 visitor space provided on the lot or in common ccmmunity ope~space or a combination thereof. (3) For nultiple-family dwellings one and one-half spaces per dwelling ___________ lun~~.--~----~----~------------~--~------~---( 4) For all other uses: see Supplementary Regulations (Sect ion 10.6). 4.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). (1) For zero-lot-line dwellings, a minimum maintenance'easement of 3 feet shall be provided on the side yard for the adjacent lot. (2) No pJrtion of any building shall extend beyond lot lines or into public easements or public rights-of-way. (3) For zero-lot-line and townhouse dwellings no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. -13- 5.0 MER -Mobile Home Residential 5.1 Uses, by right: M:>bile romes, mobile bachelor dwellings*, camper parks, and custcrary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features: park. 5.2 Uses, conditional: Church, school, carmunlty building, day nursery, fire station, ana other public uses. 5.3 Uses, special: Extraction and processing of natural resources. 5.4 Intensity of Use: A maximtmt of 9.0 ITObile hone units per gross acre. 5.5 Minimum lot Area: 3,000 square feet. 5.6 MaXimum Si,te Coverage: Fbr nobile homes not !lOre than 60% of eac:h lot shall be covered by &.lildings and parking areas. For nobile bachelor dwellings and camper parks, no maxinum site ooverage shall apply. Travel trailers, camper vehicles and/or recreational vehicles ac~ated shall not exceed forty (40) feet in length and eight (8) feet in width. No !lOre than t~ (2) campef vehicles shall be allowed on anyone IIObile home space.... ........ "_"' __ ----~5.1-Minimum..setbae*s~Minimum..setbaGk-~e qui~ement-s .. of~e..~jaceRt..zone~----distnct regulations shall be observed on the periphery of a nobile home park. 5.8 Maximum Buildi!l'L H~ht: 36 feet rreasured at the vertical to the grade at the center of Ene bullding. 5.9 Minimum Off-Street Parking: ( 1) '&0 spaces per dwelling unit. (2) Fbr all other uses: see Supplementa):'y Regulations (Section 10.6) 5.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). *Mobile bachelor dwellings are defined in Section 10, Supplementary Regulations -14- , . 6.0 NC -Neighborhood Commercial 6.1 Uses, by right: Retail ccmnercial establisrunents oot exceeding 15,000 square feet of buildill3 area for each principal use, includill3 grocery, dry goods, hardware, bakery, liquor, drug, florist, books, and similar uses. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, sOOe repair, health spa, private clubs, indoor eatill3 and drinkill3 establishments (which may include liquor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays and without car washill3 facilities, which must be sited with limited vehicular access and service ar,e as reasoncbly screened fran public view. 6.2 Uses, conditional: Church, carmunity buildill3, day rursery and school, '. auditorium, pUblic buildill3 for administration, fraternal lodge, art gallery, museum, library. 6.3 Uses, special: Extraction and processill3 natural resources. 6.4 Intensity of Use: See general conditions under Supplementary Regulations. 6.5 Minimum Lot Area: 7,500 ~uare feet. 6.6 Maximum Site Coverage: Not nore than 80% of the pllttaLarea-at-the-t-ime-of su&hvlsion shall be covered by buildill3s, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape developnent. A lot shall not be limited to ooe principal structure provided: (1) ne uses of each stucture shall be allowed within the applicable zone district. (2) The total accumulated imProvements do not exceed the maximum site coverage nOr violate an¥ other requirements of the zone district. (3) The entire lot remains under one ownership. -IS ".' 6.7 Minimum Setbacks: (1) Front Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet fran front lot line, whichever is greater. (b) Collector Streets: 90 feet fvom street centerline or 50 feet from front lot line, michever is greater. (b) IDeal Streets: 65 feet fran street centerline or 40 feet fran front lot line, michever is greater. (2) Rear Yard: 25 feet when adjacent to residential useSl 10 feet when not adjacent to residential use. (3) Side Yard: 10 feet frem side lot line or 25 feet for a side yard on a corner lot. 6.8 Maximum Building Heiqht: 36 feet measured at the vertical to ~ grade at the center of the building. 6.9 Minimum Off-Street Parking: ( 1 ) Retail ccmmercial and personal service: One parking space per 200 square feet of floor area (except storage areas). (2) Office: One parking l?PCIce per 300 square feet of floor area. • (3) Gasoline Service Stations: Mininun of 4 spaces excluding service ------------------aareas-and-se~iee-bayss.• ------------------------------------------(4) For all other uses: see Suwlementary Regulations (Section 10.6). 6.10 Mditional Reguiranents: All uses shall be Subject to the provisiOns under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). -16- '. 7.0 OP -Office Park .... Uses, br right: Offices for business and professional uses; research facilit1es, testing laboratories, and facilities for the manufacturing fabrication, processing or assembly of prcxlucts provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Personal service establishments including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, slxle repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor),. within the principal building. 7.2 Uses, oonditional: Church, amnunity building, day nursery and school; aUditorium, public building for administration, fraternal lodge, art gallery, museum, library. 7.3 Uses, special: Extraction and processing of natural resources. 7.4 Intensity of Use: See general conditions under Supplementary Regulations. 7.5 Minimum rot Area: 7,500 square feet. 7.6 Maximum Site Coverage: Not nore than 80% of the platted area at the time of sUbdivision shall be covered by buildings, parking areas, and private streets. A minimLIII of 10% of the site shall be in unpaved landscape developnent. A lot shall not be limited\ to one principal structure provided: (1) '!he uses of each structure shall be allowed within the applic<ble ---------coone-district. (2) The total accumulated improvements do not exceed the maximum site coverage nor violate an¥ other requirements of the zone district. (3) ~e entire lot remains under ooe ownership. 7.7 Minimum Setbacks: ( 1) Front Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet frem front lot line, whichever is greater; (b) Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. (c) Local Streets: 65 feet frem street centerline or 40 feet from front lot line, whichever is greateq (2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential uses. (3) Side Yard: 10 feet from side lot line or 25 feet for a side yard on a comer lot. -17- '. 7.8 MaXirnlllll Building Hei7ht: 36 feet rreasured at the vertical to the grade at the center of the bUllding. 7.9 Minirnlllll Off-Street Parking: (1) Research facility, testing laboratory, processing, or asserrbly of products: square feet of floor area. manufacturing, fabrication, one parkirg space per 400 (2) Office and professional uses: ooeparkirg space per 300 feet of floor area. (3) For personal service uses: one parkirg space per 200 square feet of floor area (except storage area). (4) For 1jll other uses: see Suwlernentary Regulations (Section 10.6). 7.10 Additional Requirements: 1111 uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). -18- " .0.0 BC Business Center 8.1 Uses, by right: Retail rommercial establishments including grocery, dry goods, hardware, bakery, liquor, drug, florist, books, sp:>rting goods, appliances, variety stores, department stores, autOl!Otive accessory parts, furniture, garden supply, animal feed, plant nursery outlets and similar uses. Personal service establishments, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks and similar uses. Offices for business and professional uses. Research facilities, testing laboratories, and facilities for manufacturing, fabrication, processing or as5eJTbly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes or other envirornnental problems !>hich exceed normal residential conditions are confined to the user's lot. Churches, day-care centers and indoor theatres. Recreation facilities. Gasoline service stations, car wash and automotive services, !>hich must be sited with limited vehicular access and with service areas reasonably screened from public view., Motels, hotels, including eating and drinking establishments (which may ~--------J.ifIGlude-l-iquot") • Multiple family dwellings !>hen located above retail commercial, personal service or office uses. Public and semi-public uses as specified in this PUD. 8.2 Uses, conditional: Church, canmunity building, day nursery and school, auditorium, public building for administration, fraternal lodqe, art gallery, museum, library. 8.3 Uses, special: Extraction and processing of natural resources. 8.4 Intensity of Use: See general conditions under Supplementary Regulations. 8.5 Minimum Lot Area: 7,500 square feet. -19- 8.6 Maximum Site Cbverrre: NJt !lOre than 80% of the platted area at the time of sUbdivlsion shal be covered by buildings, parkin; areas, and private streets. A minimum of 10% of the site shall te in unpaved landscape developrent. A lot shall not te limited to one principal structure prOlTided: ( 1 ) ( 2) ( 3) 'l1le uses of each structure shall te allowed within the applicable zone district. The total accunulated ~ovements do not exceed the maximum site coverage nor violate any other requirements of the zone district. The entire lot remains under one ownership. B.7 Minimum Setbacks: (1) Front Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet , fran front lot line, \\hicheiler is greater. (b) Cbllector Streets: 90 feet from street centerline or 50 feet from front lot line, \\hichever is greater. (c) Ipcal Streets: 65 feet frcrn street centerline or 40 feet from front lot line, \\hichever is greater. (2) Rear Yard: adjacent to \ 25 feet \\hen adjacent residential uses. to residential useSl 10 feet when not (3) Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. B.8 Maximum BuilditfieHeight: 36 feet measured at the vertical to the grade at the center of t building. 8.9 Minimum Off-Street Parking: (1) Retail camrercial and personal service: Q1e parking space per 200 square feet of floor area (except storage area). (2) Research facility, testing laboratory, manufacturing, fabrication, processing: One parking space per 400 square feet of floor area. (3) Church or theatre: one parking space per three seats. (4) Office aoo professional uses: one parking space per 300 square feet of floor space. -20- '. • (5) Recreation facility: Parking shall be provided on the basis of one parking space per ead1 four persons using the facility (figured at a maximum capacity use period). (6) Motels and hotels: Ole parking space per notel or hotel unit. (7) Multiple-family dwellings: One am one-half parking space per dwelling unit. (8) Gasoline Service Stations: Minimum 8 spaces excluding service areas am service bays. (9) For all other uses: See Supplementary Regulations (Section 10.6). 8.10 Mditional Requirements: All uses shall be subject to the provisions under Section 10.0 (Suwlementary Regulations) am Section 11.0 (Modifications to Subdivision Regulations) • -21- .-" , /).0 Be Business Center 8.1 Uses, by right: Retail oorrrnercial establishments ineluding grocery, dry goods, hardware, bakery, liquor, drug, florist, books, sporting goods, appliances, variety stores, department stores, autolfOtive accessory parts, furniture, garden supply, animal feed, plant nursery outlets and similar uses. Personal service establishments, including barber, beauty, self-service laundry, dry cleaning, photo arrl art studios, travel agency, shoe repair, health spa, private clubs, indoor eating arrl drinking establishments (which may include liquor), banks am similar uses. Offices for business arrl professional uses. Research facilities, testing laboratories, am facilities for manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, sm:Jke, glare, vibration, fllITes or other environmental problems which exceed normal residential oonditions are oonfined to the user's lot. Churches, day-care centers arrl indoor theatres. Recreation facilities. Gasoline service stations, car wash arrl autorrotive services, which must be sited with limited vehicular access and with service areas reasonably screened from public view. '. Motels, hotels, including eating and drinki elude liquor). establishments which may __ .. Multiple family dwellings v.hen located above retail oommercial, [:ersonal service or office uses. Public arrl semi-pUblic uses as S[:ecified in this PUD. 8.2 Uses, conditional: Church, canmunity building, day nursery and sch:lol, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 8.3 Uses, S[:ecial: Extraction and processing of natural resources. 8.4 Intensity of Use: See general conditions under Supplementary Regulations. 8.5 Minimum Lot Area: 7,500 square feet. -19- B.6 Maximum Site Cove~: N:>t nore than 80% of the platted area at the time of sUbdivision shbe covered by buildings, parkiITj areas, arrl private streets. A minimum of 10% of the site shall be in unpaved landscape developrent. " , A lot shall not be limited to one principal structure provided: ( 1 ) ( 2) (3) 'Ihe uses of each structure shall be allowed within the applicable zone district. The total accumulated illlprovements do not exceed the maximum site coverage nor violate any other requirements of t'he zone district. The entire lot remains under one ownership. 8.7 Minimum Setbacks: ( 1 ) Front Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whicheVer is greater. (b) Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. (c) Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. \ (2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when rot adjacent to residential uses. (3) Side Yard: 10 feet from side lot line or 25 feet for a side yard on a rorner lot. 8.8 Maximum Building Hei~ht: 36 feet measured at the vertical to the grade at the center of the bUIlding. 8.9 Minimum Off-Street Parking: ( 1 ) Retail CCXllITErcial arrl personal service: One parking space per 200 square feet of floor area (except storage area). (2) Research facility, testing laboratory, manufacturing, fabrication, processing: One parking space per 400 square feet of floor area. (3) Church or theatre: one parking space per three seats. (4) Office and professional uses: one parking space per 300 square feet of floor space. -20- .-.. , (5) Recreation facility: Parking shall be provided on the basis of one parkirg space fer each four fersons using the facility (figured at a rna~imum capacity use feriod). "", (6) Motels and hotels: One parking space per notel or hotel unit. (7) Multiple-family dwellings: One and one-half parkirg space per dwelling unit. (8) Gasoline Service Stations: Minimum 8 spaces excludirg service areas and service bays. (9) For all other uses: See Supplementary Regulations (Section 10.6). 8.10 lIdditional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications to Subdivision Regulations). \ -21- · .. . .... '. '$.0 PSR -Public, Semipublic, and Recreation 9.1 Uses, by right: Sclnol sites, governmental offices, police an:] fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreation uses, churches, camunity center, neighborhood ccmrunity center, water, well sites, sewage treatment facilities, water treatment arxl storage facilities, and other public and private utility facilities and buildings. Community open space and parks, including hiking and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swimning pools, tennis courts, natural areas, archery, skeet shooting and similar uses. Golf course with clubhouse including eating an:] drinking facilities (which m~ include liquor); equestrian center. 9.2 Uses, cond,itional: Not 'H'licable. 9.3 Uses, special: Extraction and processing of natural resources. 9.4 Intensity of Use: See general oonditions mder Supplementary Regulations. 9.5 Minimum IDt Area: N:>ne. 9.6 Maximum Site Coverage: N:>t rrore than 80% of the platted area at the time of subdivision shall be oofered by buildings, parking areas, and private streets. A minimum of 10% of the site shall be in unpaved landscape develOfllent. A lot shall not be limited to one principal structure provided: ( 1) '!he uses of each structure shall be allowed within the ak,liccble zone district. (2) 'The total accumulated improvements do not exceed the maximum site coverage nor violate arrJ other requirements of the zone district. (3) 'The entire lot remains under one ownership. 9.7 Minimum Setbacks: (1) Front Yard: (a) Arterial Streets: 75 feet from street centerline or 25 feet from front lot line, whichever is greater. (b) Collector Streets: 65 feet from street centerline or 25 feet from front lot line, whichever is greater. (c) IDeal Stree~s: 50 feet from street centerline or 25 feet fram front lot l~ne, whichever is greater. -22- •• \ (2) Rear Yard: '~§' feet when adjacent not adjacent to residential uses. ;:i"~~'; to residenf:i.~ useSI 10 feet when (3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on a comer lot. 9.8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at the center of the building. 9.9 Minimum Off-Street Parking: (1) Church, auditorium and p.1blic assembly: (he space per 3 seats. (2) Goverrurental offices (except auditorium and public assentlly): Ole space per 200 square feet of floor area (except storage area). (3) Public and private utility company facilities: Ole space per 200 square feet of floor area for offices and other facilities accommodating regular daily emp1oyrrent. A minimum of two spaces will be prf,oided at all other facilities. (4) Medical clinics: cne space per 200 square feet • (5) Hospitals: One space per 300 square feet exluding nursing care (in-patient care) areas plus one space per 2 beds. (6) For all other uses: see Supplementary Regulations (Section 10.6). 9.10 Additional Requirements: All uses shall be Subject to the provisions under Section 10.0 (suw1ementary Regtllations) and Section 11.0 (Modifications to Subdivision Regulations). , ... ,. .... .. -23- .' , , 10.0 SR Supplementary Regulations 10.1 Division of the subject lands into land use areas and their related developrrent standards will be as shown on the POD mop aID as outlined by the preceding development standards. Tb further avoid problems of interpretation, the following listed supplementary requlations are included as part of the Planned Unit Developrrent. Where the preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, a:lopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. Land Use ~s: '.!he PUD map shows generally where within the PUD eaen type of use isocated. ihe precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses Permitted: '.!he principal uses for each land use area are listed as a part of the general development standards; however, any other building, structure or use which is similar to those enumerated aID not nore obnoxious or detrimental to the area in I-tlich it is located shall be permitted. Mobile bachelor dwellings and modular bachelor dwellings shall include groupings or single living units 'with common restroom facilities, ccnTnunity recreation space and central eating facilities, in place of restroams, ____ ----Kkitchens'--aM-laEqet'-l-iving---areas-with-in-each-separate-t-rvin:! uni t-. -~---10.3 Intensit¥ of Use: In any residential area defined on the PUD map, the net density ~n any given part of a subdivided area may exceed the qross density which \\QuId be permitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth above in the development standards. 10.4 Setbacks: '.!he following yard requirements shall be observed in all zone districts: Through Lots: en lots extending fran one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard a:ljacent to the fence shall be considered as a rear or side yard. -24- '. -,-': I" ,,/Corner Lots: On residential lots Ix>rdered on two (2) contiguous sides by streets, the required front yard setback shall be observed alon:! both streets when automobile access is taken from the side street. Two-Family Dwellings: Fbr purposes of setback calculations, a two-family dwelling shall be construed as one building occupying one lot1 Attached sin:!le-family dwellings: Fbr purposes of setback calculations, only those attached single-family dwellings which do not share a common wall with an oojacent attached dwp.lling need observe the required side yard setback for the district, providing building code requirements for this type of structure are observed1 ' Projections: Every part of a required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features -12 inches 1 roof eaves -18 inches1 uncovered p:Jrches, slabs and patios, walks, steps, fences, hedqes, anq walls -no restriction1 fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard of four (4) feet into any required' front or rear yard1 Accessory Buildin:! in Required Rear Yard: An accessory buildin:! may be located in a required rear yard provided not rrore than forty (40) percent of the rear yard area is covered. Such building shall observe a seven and one-half (7 1/2) foot setback from the rear lot line when there is not an adjacent alley. When there is an oojacent alley it shall observe a ten ( 10) foot setback from lot J.ine 1 Fences and Screening: A fence, hedge, or wall may be located in any -------y.. e quired-yard-provtded-oo-sudl illstatlation sliall excee::l eigli1:l11)-teerin-height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. N:J side yard 10.5 or front yard hedqe or fence is permitted on a corner lot adjacent to a street. Maximum BUildi~ Height: Fbr p..!rposes of measuring the maximum building height, grade sall mean the original natural ground level or newly established elevation resulting from compacted fill so long as any regraded area does not exceed a four-to-.:>ne slope between the ground level of any exterior building wall and oojacent lot line or property line. 10.6 Minimum Off-Street Parking: Each off-street parking space shall be not less than 8 feet wlde ana 18 feet 10ng1 shall be provided with vehicular access to a street or alley; shall be surfaced with gravel, asphalt, concrete or equivalent1 shall be properly drained; and shall be located within convenient walking distance of the principal build in:! or use for which the parking space is provided. Fbr either detached single-family dwellings or attached single-family dwellings, tandem parking spaces shall be permitted. Where an off-street parking space serves rrore than one use and peak tires for parking are at different times of the day, such parking space may be included as part of the minimum requirements for each use. -25- .,' " "The followinq minimum parking requirements for permitted or similar (see ... Section 10.2) uses are: (1) Churches, ccmnunity bulldinqs, fraternal lodges and auditorium: One space per 3 seats in the assembly space. (2) Schools, elementary and middle: One space per instructional area plus one space for each 4 seats in assembly areas (includirq gyImasiums). (3) High schools, colleges and universities: One space per instructional area (classroan, lab, gym) plus one space per 3 students accanmodated in the institution. (4) canrrunity buildirqs: One space per 3 seats of assembly area. (5) Athletic stadium: One space per 4 seats. (6) Recreation facilities: One space per 4 persons usirq the facility (figured at a maximum capacity use period). \ (7) Day care center: One space per classroan area and one space per 200 square feet·of office space'and a minimum of 6 spaces. (8) Police and fire stations: One space per 200 square feet excluding garage areas and a minimum of 4 spaces. (9) Library and nuseum: A minimum of 10 spaces plus one space per 200 square feet of office or administrative areas. \ 10.7 Ibdifications: In general, the proposed development standards for the Battlement Mesa Planned Unit Develogrent corresPQoo closely~norma1 __ _ criteria of the Garfield County Zonirq Resolution. In oome cases, 'the Battlement Mesa standards are more limiting, while in others typical County zoning regulations 'HJear to be more restrictive. Wherever this last situation exists, the added flexibility of development with the POD permits desirable variety and in some situations essential economies of construction and maintenance. Throughout the Planned Unit Development program, special attention will be given to borderirq private properties so that their values as established by existing Garfield County zoning standards will be maintained. In line with Garfield County zoning requirements thpt no portion of a POO shall be used or occupied, otherwise than as was permitted immediately prior to the approval of rezonirq as a POO, until a subdivision plat for said portion is approved by the Beam of County Oomrrdssioners of Garfield County, Battlement Mesa, Inc., recognizes the need to design and construct each phase accordirq to all reasonable public interest. 10.8 Attached Single-Family Dwellings (Zero-Let-Line and 'Ibwnhouse) Definition: An attached sirqle-family dwellirq is a single-family dwellirq that may share one or two common side building walls with an adjacent similar dwellirq or dwellings and extend fram the lowest to the highest point of the building between said common side walls. -26- •• " , :, . ;.:., .... ;,' • I (1) A zero-lot-line single-family dwelling shall occupy a lot and must have one side yard of at least 10 feet cpposite any wall located on a side lot line. (2) A townhouse single-family dwelling shall occupy a lot and need rot have any side yard setback except for those special conditions defined within the zoning district. 10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of any particular area rrore restrictive than this POD l'oOuld permit, by provisions on the subdivision plat, restrictive oovenants, or provisions in the deeds • " -27- ., ,. -~ ~ " 11.0 Modifications of Subdivision Regulations 'nie Planned Unit Developrrent will conform to the Subdivision Regulations of Garfield County, Colora:'!o, adopted January 2, 1979, except as noted below or otherwise provided in this application ara except as may be permitted by the Board of County Ccmmissioners at the time of SUbdividing. '!he specific Jrodifications set forth below are requested to better allow the developer to fulfill the previously stated purposes ard objectives of this POD. 11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed to continue to provide access to adjaCent lards not included in the PUD which presently have access through a public dedicated right-of~ay. Adjacent privately owned lard which does not presently have access off a public dedicated right-of-way throuqh the area of the POD will be provided appropriate access. lIdjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the POD will be, provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated ri9ht-of-way through the area of the POD will be provided access at the time of platting at the request of'the public agency controlling the land. Dea:'!-end streets may be des igned with a cul-de-sac hea:'! that meets the functional requirerrents of vehicular turnirg radii ara snow storagel this design may vary fran the 90 foot turnaround. Residential lots bordering <\rterial streets may be sided against the street as long as access to the lot is rot from the arterial streets. _____ 1_1~2_RI'ivate_StI' eet~-fSoID~~.O~)_:-Private-streets_may be usea in areas WIthin the POD where through traffic is not desired and where pavement widths can be narrower than those required on public streets. In such cases, roadway widths of 20 to 24 feet may be used where the design considers traffic volumes, satisfactory off-street parkirg arrangements, planned snow storage areas, adequate sight distances, reasonable gra:'!ients and turnarounds adequate for emergency vehicles. Furthemore in such cases for corrmarcial, retail and office uses, setbacks of 15 to 25 feet may be used for front and side yards where the design considers the factors noted for roadway widths. At time of plattirg, the design, construction standards, maintenance reslXlnsibility and IXllicirg arrangements will be presented. -28- · . ,,~ I )' ;'/'\01:3 Street Widths (Sub. £' 5.02.03): Public street widths proposed in the PUD will be detennin by proJected traffic volume, parkirg arrangerrents and other factors at the time of platting. fue rarge of requirements is proposed to be as follows: Street Type Arterial Collector Neighborhood or Itxal Range of Dedicated Right-of~ay Width 80 -100 feet 60 -80 feet 40 -60 feet llangeof Roadway Width 40 -72 feet 36 -44 feet 24 -36 feet 11.4 Grades, Curves, and Site Distances (Sub. Reg. 5.0.04): Grades, curves, and SIght distances WIll a:'Ihere to County standards except that variances may be requested at the tine of plattirg for neighborhood, local, or other low volume traffic streets. ';:';';;;=-=~~+~-M'~~':-i'-'*""s~(S;;,;ub•~ . -:Reg"i""" ~.-=5~.0.=.;2Ci:'..:,0=5): Cut-and-fill slopes am may extem outs ide revegetation requirements 11.6 Sidewalks, Curb and Gutter (Sub. Reg. 5.02.06): Sidewalk locations will be in accordance with the plat at the tine of subdividirg am will be sited so as to optlinize pedestrian routes throuqh open space to residential, educational and community f,a cilities. Curb and gutter will be placed where necessary to direct storm'drainage arrl ---------·w!lere--it-would aM to ease of rOaj edge maintenance. Where a rural character is desired and storm drainage can be hafrlIed tl'[Ott:ctr-swa]:ess~,-curb and gutter m~ be eliminated. 11.7 Roadwa~ (Sub. Reg. 5.02.07): Roadways will ron form in ronstruction specifIcations, other than width, to County requirerrents. Design of rocrlway surface may vary frem parabolic crown to inverted center pitch dependirg upon strem drainage requirerrents of various 'areas of the PUD. 11.8 Streets Names and Signs (Sub. Reg. 5.02.08): Street signs will ronform to a unIform system of signs a@graphics designed for the total PUD area. 11. 9 Minimum Standards for Zero-Let-Line and Townhouse Projects: In zero-lot-hne a@tOWrihOUse proJects the followirg mm:unum standards must be observed for either public or private streets: (1) A minimum of 20 feet of access drive and fire lane must be provided. (2) A minimum of 3 feet for sidewalks on each side of an access drive must be provided crljacent to the drive. (3) A minimum of 20 feet must be provided crljacent to one side of the access drive for utility easerrents which may incorporate the sidewalks area. -29-