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HomeMy WebLinkAbout3.0 Resolution 92-067erg=-!.'urt5 PEG 0 *foram) At+�r//c5 2�a-CLotAA.N. AUG 0 M2 4.3♦ 74, MILDRED AIS0O00, COWMtr CLERK STATE OF COLORADO ) County of Garfield ) wx 838 rtr0;57 Ata qulaur_ _ _ ___ meeting of the Board of County Commiesionere for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in GI Inwood Springs on Monday , the . 3rd day of August A.D. 19 91...,. these Nae present: Arnold L Mickley Commissioner Chairmaa Elmer (Mickey) Arbsney . Commissioner Marian I. Smith Commissioner Don DeF'ordCounty Attorney Mildred Aledorf +. Clerk of the Board Chuck Deechenes , County Administrator when the following proceedings, among others were had and done, to -wit RESOLUTION NO. 92-067 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION OF THE U.S. WEST VECTOR GROUP FOR A PLANNED UNIT DEVELOPMENT REZONING AND APPROVAL OF ITS PLAN. WHEREAS, U.S. West Vector Group has filed an application with the Board of County Commissioners of Garfield County, Colorado, for approval of a Planned Unit Developnnent rezoning and its Pknned Unit Development plan for the pared of land to be rezoned; WHEREAS, a public hearing wars held by this Board on July 6,1992; WHEREAS, based upon the evidence, sworn testimony, exhibits, study of the oompreheatsive plan for the unincorporated areas of Garfield County, comments from the Garfield County Department of Development and the recomnrndation of the Garfield County Planning Coma intim, and comments from all interested parties, this Board finds as follows: I . That proper publication and public notice was provided, as required by law,for the hearin herons the Board; 2. That the hearing before the Board wi s extensive and complete, that all pertinent farts, matters and issues were submitted, and that all interested parties were heard at the hearing; 3. That the Garfield County Planning Commission has recommended to this Board that the requested zoning change be granted, provided that certain conditions be imposed upon the applicant; 4. That the proposed zoning is in general compliance with the recommendations set forth in the comprehensive plan for the unincorporated area of the County; dna' X3.'18 rRr(t'i5S 5. That the requested zone change amendment and Planned Unit Development plan approval are in general compliance with surrounding land uses and zoning in Garfield County; 6. That the proposed amendment complies with Section 4.0 of the Garfield County Zoning Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of County Comuninsioners of Garfield County, Colorado, that the application by the U.S. West Vector Group for the approval of the rezoning and Planned Unit Development plan be approved for the following described property in the unincorporated area of Garfield County. as follows: 1. That the zoning text of the P finned Unit Development plan for the U.S. West Vector Group PUD is attached hereto as Exhibit "/►", incorporated herein by reference as if fully set forth herein. 2. That the planned unit development map for the U.S. West Vector Group Planned Unit Development is attached hereto as Exhibit "B", incorporated herein by reference u if fully set forth herein. 3. That the legal description of the property which encompasses the U.S. West Vector Group Planned Unit Development is attached herein as Exhibit "C", incorporated herein by reference as if fully set forth herein. 4. Approval of the U.S. West Vector Group Planned Unit Development rezoning and planned unit development plan is expressly contingent upon the following conditions being satisfied: a. All representations of the applicant, either contained within the application or stated at a public meeting/hearing. shall be considered conditions of approval. b. If Building Permit(s) have not been obtained within one (1) year of the date of approval, the Board may consider hearing to revert the zoning. c. The applicant shall establish an Open Space zone in accordance with Section 4.07.09. d. All requirements of Sections 5.04.02 addressing hill slope development shall apply. e. The applicant shall demonstrate the adequacy of access to the site from a public right of way. f. Power lines may be overhead if no poles or line extends above the horizon line as viewed from the valley floor. g. All structures shall be painted in dark green or other colors approved by staff. h. All noise generation shall be in accordance with state law. i All new cut slopes shall be rtvegetated. A revegetation/erosion protection plan shall be submitted prior to any excavation being conducted. All seed shall be certified weed free and new areas planted shall be maintained in a weed free manner. j. No eternal lighting shall be allowed. 6901 838 ►r(659 Dated thh 3r1 day of August _ _ A D 19 92 ATTEST: 421 of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO vat Cha Upon motion duly made and seconded the foregoing Resolution wasadopted by the following Arnold L. Mackley Elmer (Buckey) Arbaney • Aye Aye Marian 1 Smith Aye STATE OF COLORADO ) )ss County of Garfield I• , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commiasionea's • boot 838 ricE660 • I g • • 0 • • • • .4 I . • • *7 i) ill I). 11. 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' ' • i'l : . ••. ft. -•,.,1.1! • ,.'t • •• •.• 1 1:%.;• a . . 1 .1e. ,. ,•• •..i.f ' .1" I • • 2 aii. ,..1.* -11%. i„' • Ii ,,.?* . , , •• • • ... • 1 e . % 't : .,' • • ; ..% if .014. r• .., . ' ! ,V. 4 , • :1.1114 . . .•..t.. • S. I /IV/ 7 A113 ; :•:. • •• :ON • :•••••:. • ••.• i• . • • 1:- III • i •-•*;•.! 'Cr:. !*;:i" • • , • f' k- • • I. •f4.1 •./4:41;i17 v ;::•.t' ; ,:1'.'7••..1, . :• .:3•• 1•41 • .1.1!•••1'.. • '61 11.c!Fr . • 4 4.! 11' •,•-•ifs ts;/ •w esarsss;rr vim( KIS PrE661. . Exhibit PI.ANURD ttNIT DRSTPLOPWPiNT Garfield County, Colorado The uses allowed within this PUD shall be those in effect for the R/L/SD/ (Residential/Limited/Stourban) density zone district at the tree of approval of this PUD by Garfield County, plus the addition of one (1) Cellular Teleco�e*unicetion Facility as a "use, by right'* when said Facility is constructed upon the Property in accordance* with the Site Plan that is attached hereto and incorporated herein'' by this reference. Accordingly, the following shall apply to this PUD: Mies. by right' Single-family dwelling and customary accessory uses, incl"ding buildings for shelter or enclosure of animals. or property accessory to use of the lot for single-family residential purposes and fences, hedge9, gardens, walls and sieilar landscape features: park; one Cellular Telecommunication Facility when constructed in accordance with the reference Site Plan. lines. conditionals Church, community building, day nursery and school, home occupation. Uses. special.;_ Two-family dwelling, row house, studio for conduct of arts and crafts, water impoundments, utility lines, guest house. (A.81-145; 81-263; 86-09) Minimills Lot Areas Twenty thousand (20,000) square feet and as further provided under Supplementary Regulations, except for one Cellular Telephone Communication FaAlity when constructed in accordance with the referenced Site Plan. llaxi e_Lot C4yeragei Twenty-five percent (25:), except for one Cellular Telephone Communication Facility when constructed in accordance with the referenced Site Plan. MLniiu tbascki (1) Front yard: (a) arterial streets: seventy -rive (75) feet from street centerline or fifty (50) °eet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear. yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater. Maxiaua_nalmat of Buildinuai Twenty-five (25) feet. Maxisut 'floor Area Ratio: 0.100/1.0 and as further provided under Supplementary Regulations, except for one Cellular Telephone POOK 838 NrI(f (; Cowaunication Facility when constructed in accordance with the reference ate Plan. addiS.iona,l._Resiuir/mutat All uses, except for one Cellula'. Telephone Coamun+ cation Facility whop constructed in accordance with the reference Site Plan, shall be subject to the provisions under Section 5 (Supplementary Regulations). RULES OF CONSTRUCTION Whenever appropriate to the context, words used in the present tense include the future tenses words used in the singular include the plural; and words used in the plural include the singular. The word "shall' is randatory, the word "say" is pormissiie. TERMS DEFINED For purposes of this PUD, the definitions shall be the same as those in effect in the Garfield County Zoning Resolution at the time of app -oval of this PUD by Garfield County, with the addition of the following: a. Callular Radio Telephone Syr MI A mobile telephone communications system approved by the Federal Communications Commission and the Federal Aviation Adai..istration, where apprnpria;:e, in which the radio frequency spectrum is divided into discrete channels for carrying telephone calls which are assigned in groups to geographic cells within a service area, and which are capable of being reused in different cells within that service area for the purpose of carrying and transferring calls. b. Cellular. Te1gGOnnunication Facility: An unmanned facility which consists of structures for housing end aiupporting equipment for the reception, swito ing, and transmission of cellular telephone communications, including accessory antennas and their support structure. Such fac'.iity may have elevated (either building -mounted or self-uupaart, structure -mounted) transmitting and receiving antennas, cellular base station equipment, and interconnection equipment. 4 LEGAL DESCRIPTION A TRACT OF LAND SITUATED 1N TIIE NH 1/4, SM 1/4, BEC. 9, T99, R99W, STll P.M., GARFIELD COUNTY, COLURAI)o, AND MORE FULLY DESCRIBED AS FOI.LOWAI flFnrNI1ING AT TUE WEST QUARTER CORNER OF SAID 8E0. 91 TIIENOE EAST !190.0 YI+ET AL'/N4 TUE NoRTU LINE or 9AtO NN 1/4, •N 1/4 TO TUE CENTER or RE`, ACf3E9 ftT011; THENCE 8 33'83' E, 334.36 FEET ALONG TIIE CENTER OF RED ACRES DITCH; THENCE 8 20°13'E, 445.00 FEET ALONG TIIE CENTER OF REO ACRES DITCH; THENCE 8 7°12' W, 60.00 FEET ALONG TIIE CENTER OF RED ACRES DITCH; THENCE 9 49.12' W, 86.00 FEET ALONG THE CENTER OF RED ACRES DITCH; THENCE WEST 1100.37 FEET To THE WEST LINE OF SAID SEC. 9; THENCE NORTH 800.3 FEEL ALONG TUE WEST LINE OF SAID SEO. 9 10 THE POINT OF BEGINNING, CONTAINING 19.88 ACRES MORE OR LIii. EXCEnTING THEREFROM A PARCEL OF LAND AS DESCRIBED BY DEED RECORDED IN 80OK 434 AT PAGE 383, GARFIELD COUNTY REOOR0 i, SAID PARCEL CONTAINING 1.04 ACRES MORE OR LESS.