Loading...
HomeMy WebLinkAbout1.0 Resolution 81-16STATE OF COLORADO County of Garfield continued Ata rneeti:-; of the !ward of Caunry Co:; m :::noners for Garfield County, Colorado, Tuesday the 13th day of Recorder! r! vfi o'clock M. Recept cn hie. i$�1-)4W MILDRED AI.SDORF, RECORDER BOOK 563 PAGE462 JAN ?_ 4 1C8 J h.•ld at the Court House in Glenwo')Ld :,; r:n=••. • n January A. D. 19 81 there ;erepresent: Richard C. Jolley Larry Velasquez Flaven J. Cerise Arthur A. Abplanalp, Jr. Cheryl J. Koss, Deputy when the following proceedings, among other were had and done, to -wit: Coy:^:ess:vra,:r Chairman , Commissioner , County Attorney , Clerk of the Board RESOLUTION NO. 81-16 RESOLUTION CONCERNED WITH THE CONDITIONAL APPROVAL OF A ZONE DISTRICT. AMENDMENT TO THE GARFIELD COUNTY ZONING RESOLUTION AND A PLANNED UNIT DEVELOPMENT PLAN FOR FOUR MILE RANCH, A PLANNED UNIT DEVELOPMENT, REQUESTED BY FOUR MILE RANCH COMPANY. WHEREAS, Four Mile Ranch Company has filed a request with the Board of County Commissioners of Garfield County dated July 25, 1980, requesting a zone district amendment to rezone the following land: A parcel of land situated in the S 1/2 of Section.27 and in the N 1/2 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian, Garfield County, Colorado; said parcel created by subdivision of a boundary plat of portions of said Sections 27 arid 34 dated May 23, 1973 and revised August 8, 1978 and signed and sealed by Jack W. Johnson, Colorado R.L.S. No. 4551; said parcel being more particularly described as follows: Commencing at the center section corner of said Section 27, thence S 39° 16' 27" W 1232.64 feet to a rebar and cap set in the easterly line of Four Mile 1e Cosunty Rcad, ;,he'Tr ue Point of Ceg inn ing; thence along said easterly line N 19° 25' 01" W 1043.52 feet; thence N 18° 56' 44" W 36.69 feet; thence N 730 20' 59" E 38.23 feet; thence N 82° 06' 12" E 63.31 feet; thence N 86° 20' 37" E 270.00 feat; thence i; 85° 10' 08" E 785.86 feet; thence S 540 17' 37" E 185.62 feet; thence S 53° 49' 22" E 151.56 feet; thence S 43° 17' 21" E 231.65 feet; thence S 13' 45' 28" E 432.09 feet; thence S 09° 31' 33" E 752.23 feet to the southlir.e of the N 1/2 SE 1/4 of said Section 27; thence S 88° 19' 37" E 338.03 feet to the north line of the SW 1/4 SE 1/4 of said Section 27; thence S 01° 26' 34" W 749.83 feet; thence S 88° 24' 24" E 292.36 feet to the east line of the SW 1/4 SE 1/4 of said Section 27; thence S 02° 12' 36" W 123.22 feet; thence 5 01° 29' 11" W 469.77 feet to the southeast corner of said SW 1/4 SE 1/4; thence S 08° 36' 18" W 691.22 feet; thence t! 79° 23' 39" W 444.88 feet; thence -fl 84° 09' 51" W 254.28 feet; thence N 83° 37' 26" W 279.76 feet; thence N 83° 46' 47" W 395.98 feet; thence H 83° 37' 23" W 309.58 feet; thence H 84° 01' 09" W 354.18 feet to a point in said easterly line of Four Mile County Road; thence alone said easterly line N 10° 03' 57" W 412.87 feet; thence along said easterly line N 11° 28' 30" W 415.76 feet; thence along said easterly lire • along a curve to the right, having a radius of 680.30 feet and central angle of 37° 20' 20", a distance of 4L3.3', feet, k;irose chcrd bears ri 07° 11' E 435.E4 f the n:e : y :: _, _rly ,ine , 25° 51' 50" E 316.05 feet; thence along said easterly line along a curve to the left, having a radius of 881.92 feet and central angle of 44° 40' 10", a distance of 687.57 feet, whose chord bears N03° 31' 45" E 670.29 feet to the True Point of Eeginnintr;�containing 133.6 acres r..:ore cr less. from Agricultural/Residential/Rural Density and Agricultural/Industrial Zone Districts, to Plannec? Unit Development Zone District and for approval of the plan of ror Mile Ranch, a Planned Unit Development, hereinafter referred Lo as the "development"; and BOOX 563 PACE463 WHEREAS, public hearings were held by this Board on the 1st day of December, 1980, and the Board has personally visited the site and travelled the affected highways; and WHEREAS, based on the evidence, testimony, exhibits, study of the General Plan for the unincorporated area of the County, comments of the Garfield County Planning Department and the City of Glenwood Springs, comments of public officials and agencies, comments from all interested parties and personal observations of the Board, this Board finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Board; 2. That the hearing before the Board was extensive and com plete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. That, during the public hearing process, several substan- tial modifications were made to the plan, upon which modifications the approval of the application depends; 4. That the Garfield County Planning Commission has recommended to this Board that the requested rezoning and pla., as modified through the 1st of December, 1980, be approved, provided that certain conditions be complied with; 5. That the proposed land use will be compatible with existing and permitted land uses in all directions, except that present roads serving the site are presently inadequate to bear the additional traffic which would be generated by the proposed development, which deficiency may be susceptible of resolution by negotiation between the applicants and the Board; 6. That for the above -stated and other reasons, approval of the proposed development, the proposed zoning and proposed plan, as modified, is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County, if certain conditions contained herein are complied with; 7. That the traffic problems related to County Road 114, which is the only highway serving the subject property, are suffi- ciently serious that, if improvements necessary to provide safe travel are not assured, the Board, in the interests of public safety, would be required to deny the requested zone district amendment and to disapprove the subject Planned Unit Development plan; 8. That Garfield County has insufficient funds to provide for the required road improvements, that there is presently no evidence that additional development will occur in any location which would contriLute significantly to the need for the road improvements required by the requested Planned Unit Development plan, and that therefore the requested Planned Unit Development plan appears to be solely responsible for and associated with the road improvements which will be necessitated for County Road 114; 9. That the applicants do not presently have sufficient water available for the full development, but sufficient supplies are available from the City of Glenwood Springs if the city chooses to provide such service; 10. That, in light of the substantial probability of annexa- tion of the development to the City of Glenwood Springs, sound land use planning requires the inclusion of the recommendations of the City that zero lot lines be prohibited and that minimum lot size be established at 6,000 feet, and that the number of 5,000 square - foot lots be reduced proportionately; -2- Roux 563 PAGE464 11. That, other than in the foregoing particulars, the requested zone change amendment and plan approval are in general in conformity with the General Plan for Garfield County, Colorado, and:meet all requirements of the Zoning Resolution of Garfield County, and further than the requested Planned Unit Development is suitable and appropriate for the subject property considering the location, condition and circumstances of said property, and that the proposed amendment implements the purposes and meets the standards and requirements of the Planned Unit Development provisions of Garfield County Zoning Resolution, provided that certain conditions contained herein be complied with. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Garfield County, Colorado: Section 1. That the petition of Four Mile Ranch Company for a zone change from Agricultural/Residential/Rural Density and Agricultural/Industrial Zone Districts to Planned Unit Development Zone District for the foregoing described unincorporated area of Garfield County, and for approval of the Plan of Four Mile Ranch, a Planned Unit Development, may be approved only upon the resolution of traffic problems related to County Road 117, presently serving the subject property, and upon negotiation of an agreement between the applicants and the Board providing for the resolution of such difficulty at no expense to Garfield County, on or before the 29th day of June, 1981, upon which occasion this Board will approve the requested zone district map amendment and Planned Unit Development plan, upon the following conditions: a. Any plat approved as a part of Four Mile Ranch Planned Unit Development (hereinafter the "development") shall substantially comply with the sketch plan submitted to the Board, as modified to the date of this Resolution; b. The phasing of the development shall assure that impact on the neighborhood be limited to the extent that public improvements and services may properly deal with such impact, specifically included but not limited to the ability of the applicant to provide -Waterto the development. No phase shall be platted or approved which isnot adequately provided with all public services. c. The applicants shall provide a dedication of lands for schools, in accordance with the provisions of the Garfield County Subdivision Resolution; d. The development shall contain no more than the following numbers of units in each district: Residential-7/Dingle Family District District Density 3.5 units/acre 75 Residential-6/Single Family District District Density 6.3 units/acre 96 Residential/Duplex District District Density 6.6 units/acre 80 Residential/Fourplex District District Density 9.2 units/acre 130 Residential/Multi-Family District District Density 8.2 units/acre 80 e. The development shall in all ways comply with representa- tions of the most recently amended plan, unless otherwise directed by the Board either by this Resolution or by other lawful action. -3- BUOX 563 PM E465 Section 2. That upon the Board's determination that a satis- factory resolution of the traffic problem has been reached, the Board shall authorize the requested amendment of the zone district map affecting the subject property and approving the Planned Unit Development Plan, but, if the Board determines that the aforementioned traffic problem may not be resolved without the expenditure of public funds, the Board shall take appropriate action to deny the requested zone district amendment and to disapprove the Planned Unit Development plan. Section 3. That the Planned Unit Development shall consist of six zoning districts, the boundaries of which shall be indicated upon the final plat or plats of Four Mile Ranch, a Planned Unit Development, which districts shall be designated as follows: Residential-7/Single Family District, also designated R-7/SFD Residential-6/Single Family District, also designated R-6/SFD Residential/Duplex District, also designated R/D Residential/Fourplex District, also designated R/F Residential/Multi-Family District, also designated R/MF Open Space District, also designated O/S Section 4. That the uses permitted within said districts, together with the regulations affecting the usage of the lands contained therein, shall be as follows: -4- BOOK FOUR MILE RANCH P,U,D, ZONE REGULATIONS Section I. 563 PA E466 A. To carry out the purposes and provisions of the Garfield County Zone Resolution, Garfield County, Colorado; and, particularly Section 4.00 of that title, as amended, the Four Mile Ranch Planned Unit Development Zoning District is further divided into the following Zone District class- ifications: R-7/S.F. - Residential-7/Single Family District R-6/S.F. - Residential-6/Single Family District R/D - Residential/Duplex District R/F - Residential/Fourplex District R/M.F. - Residential/Multi-Family District O.S. - Open Space District B. The boundaries of these Districts shall be located as shown on the Four Mile Ranch P.U.D. Plan and shall be governed in conformity with the hereinafter contained regulations. Section II. - Residential-7/Single Family District A. Uses by Right: Single family dwelling and customary access- ory uses including building for the enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walls and similar land- scape features. Park. B. Uses, Conditional: None C. Uses, Special: None D. Minimum Lot Arear 7,000 square feet E. Maximum Lot Coverage: 50 per cent F. Minimum Setback: • Front Yard 25 feet Rear Yard 25 feet Side Yard 10 feet G. Maximum Height of Buildings: 25 feet - 3 - BOOK 563 PA,ct46 ▪ Maximum Floor Area Ratio: 0.-50/1.0 . -Minimum Off -Street Parking: Three off-street parking spaces per dwelling unit or one space -per 600 square feet of floor area, whichever is greater. Section III. - Residential-6/Single-Family bistrict A. Uses by Right: Single family dwelling and customary access- ory uses including building for the enclosure of animals or property accessory to use of the lot for residential pur- poses and fences, hedges, gardens, walls and similar land- scape features. Park. B. Uses, Conditional: None C. Uses, Special:. None .Minimum Lot Area: 6,000 square feet E. Maximum Lot Coverage: 60 per cent F. Minimum Setback: Front Yard 20 feet Rear Yard 20 feet Side Yard _ G. Maximum Height of Buildings: 25 feet H. Maximum Floor Area Ratio: 0.50/1.0 I. Minimum -Off -Street Parking:, Three off-street parking spaces per dwelling unit or one space per 600 square feet of floor area, whichever is greater. Section IV. - Residential/Duplex District A. Uses by Right: Single family and two family dwelling in customary accessory uses including building with the shelter of animals or property accessory to use of the lot for resi- dential purposes and fences, hedges, gardens, walls, and simi- lar landscape features. Park. -6- BOOK 563 PAGE468 B. Uses, Conditional: None C. Uses, Special: None D. Minimum Lot Area Single Family Lot 5,000 square feet Two Family Lot 10,000 square feet E. Maximum Lot Coverage: 60 per cent F. Minimum Setback: Front Yard... 25 feet Rear Yard 25 feet Side Yard 10 feet, provided, however, a - duplex may be resubdivided split- ting a duplex structure along the common wall of the duplex structure. All conditions of the Residential/Duplex District shall be ap- plicable to the newly created lots. G. Maximum Height of Buildings: 27 feet H. Maximum Floor Area Ratio: 0.50/1.0 I. Minimum Off -Street Parking: Three off-street parking spaces per dwelling unit or one space per 600 square feet of floor area, whichever is greater. Section V..- Residential/Fourplex District A. Uses by Right: Single-family, two-family, three-family, and four -family dwelling and customary accessory uses including building for the shelter of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls, and similar landscape features. Park. Condominium and rowhouse. B. Uses, Conditional: Day nursery C. Uses, Special: None D. Minimum Lot Area: Single-family and two-family dwelling. Lot with three or more dwelling units. 8.000 sq. ft. ... 3,000 sq. ft./dwell- ing unit gross lot size BUDX 563 PaE4U9 . Maxine. Lot Coverac e: 70 per cent provided, however, that a rowhouse or single family cluster lot contained within a R/F District lot shall have no minimum lot coverage. F. Minimum Setback: Front Yard 25 feet Rear Yard 25 feet Side Yard 10 feet provided, however, that a rowhouse or single family cluster lot contained within the required R/F District setbacks shall have no minimum front, side, or rear year setback. G. Maximum Height of Buildings: 27 feet H. Maximum Floor Area Ratio: 0.50/1.0 1. Minimum Off -Street Parking: 2.5 parking spaces per dwelling unit Section VI. Residential/Multi-Family District A. Uses by Right: Two-family and multi -family dwellings and customary accessory uses including buildings for the en- closure of animals,, property or recreation activities ac- cessory tc use of the lot for residential purposes, fences, tennis courts, swimming pool, hedges, garden, walls, and similar landscape features. Community and service buildings for the benefit and use of the residents of the R/M.F. District. Park. B. Uses, Conditional: Day nursery C. Uses, Special: None D. Minimum Lot Area: None E. Maximum Lot Coverage 60 per cent provided,.however, that a rowhouse or single family cluster lot contained within a R/M.F. District lot shall have no minimum lot coverage. F. Minimum Setback: Setback from County Road 117 R.O W 75 feet Setback from other County Road R.O.W.'s 20 feet Setback from R/M.F. District boundary 15 feet provided, however, that a rowhouse or single family cluster lot contained within the required R/M.F. District setbacks- BOOX 563 Pacf470' shall have no minimum front, side, or rear yard setback. G. Maximum Height of Buildings: 35 feet H. Maximum Floor Area Ratio: 0.50/1.0 I. Minimum Off -Street Parking: Two parking spaces per dwelling unit Section VII. - Open Space District A. Uses by Right: Park and greenbelt and customary accessory uses. Water impoundment. School. B. Uses, Conditional: None C. Uses, Special: None D.- .(Minimum Lot Area: None E. Maximum Lot Coverage: None F. Minimum Setback: Setback from all County Road R.O W 40 feet Setback from all other property lines.... 20 feet G. Maximum Height of Buildings: 25 feet H. Maximum Floor Area Ratio: None Section VIII. - Supplemental Regulations A. Fencing Setback: 1. Front Yard: Fences higher than 42" shall observe the front yard setback for the applicable zone district except in the Residential/Fourplex, Residential/Duplex, and Residential-5/Single Family Districts where fences over 42" shall observe a 10' front yard setback. 2. Rear and Side Yard: No fencing setback. 3., No fence may exceed 80" in height. B. Access to a lot may be provided by a street right of way dedicated either to the public or to a private association or by a private road and reserved in perpetuity through private agreement to provide access to the lot. There• shall be no minimum required frontage on a street right of way. -9- BOOK 563 PAGE4} 1 Section IX. Except as hereinabove provided, and except for the following Sections of the Garfield County Zoning Resolution, all provisions of the Garfield County Zoning Resolution shall be applicable to the Four Mile Ranch P.U.D. Zoning District. The Sections of the said Zoning Resolution which shall have no applicability are as follows: Section 3.00 through 3.10.04 Section 5.01.02 Section 5.05.03, paragraphs 4 and 8 Section 5. Prior to approval of the zone change and planned unit development in accordance with the procedure hereinabove outlined, Applicant shall dedicate to the County a sixty -foot road right-of-way along the extreme eastern boundary, at the base of the hill forming most of that boundary, or such lesser amount of land as may be reasonably required for the establishment of a county road, in the event that other adjacent property is available to the County. ATTEST: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Deputy plerk q "the Board By: �' Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richax41 Q. JQ..ley Aye Larry Velasquez Aye Flaven J. Cerise Aye Commissioners STATE OF COLORADO 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 Order is truly copied from the Records of the Proceedings of the Boar 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 Commissioners.