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HomeMy WebLinkAbout5.0 Misc..y 1 GEORGE J. PETRE ROBERT 5. ZIMMERMAN COURTNEY G. PETRE DANIEL 0. PETRE August 6, 1981 • 1 LAW OFFICES PETRE & ZIMMERMAN A PROFE551ONAL CORPORATION ROST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO 81602 Mr. Davis Farrar Garfield County Planner 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Cattle Creek Ranch amended P.U.D. Dear Mr. Farrar: AREA CODE 303 945-6521 Mr. Frank Lerner has made application to Garfield County to amend his P.U.D. for the Cattle Creek Ranch on Cattle Creek. We represent Oscar Cerise and other owners of the C. and M. Ditch taking water from Cattle Creek which traverses the area included in the original P.U.D. and the amended P.U.D. This ditch is the sole source of irrigation water for their property and the water decree indicates that the date of original appropriation was June 26, 1885 and is entitled to carry 12.0 c.f.s. The original P.U.D. did not address the problems that the development would cause in the operation of the ditch and no specific easement was provided to allow the cleaning and maintaining of the ditch. The ditch was cut and pipes put in without reference to the effect that it has on the ditch and, in general, the effect of the subdivision on the ditch was not properly addressed. We would ask that Planning and Zoning, as well as, the Garfield County Commissioners require the developer to address these problems. Last summer the ditch was deliberately undercut which caused the ditch to slide and the owners were without water for several weeks. Some pipe was installed through this area but, when finally completed, the ditch's priority right would not allow it to take any further water. Not only should this problem be addressed in behalf of the ditch owners, but all the lots immediately under the ditch are in jeopardy if anything happens in the future as it did this summer. The ditch owners feel that the problems should be r, _ILAUG 071981 1,Ij GA FIELD . • • LAW OFFICES PETRE & ZIMMERMAN A PROFESSIONAL CORPORATION Mr. Davis Farrar August 6, 1981 Page 2 taken care by the developer without cost to them either in added maintenance cost or liability for the operation of the ditch. I would very much appreciate you bringing this matter to the attention of the Planning and Zoning Committee. Yours veryl ruly, PETRFI &,'ZIMMERMAN P.C. Gds' 1 cc: Os Cerise Cliff Cerise • • August 8, 1981 Garfield County Planning Commission Garfield County Court House Glenwood Springs, Co. 81601 Dear Commissioners: Although I am unable to attend your meeting on Monday, August 10, I do want to protest the expansion of the Lerner subdivision from 131 to 786 units. As a nearby landowner, I am most concerned over the impact of the proposed development on the immediate area -- its roads and its water supply. The proposed de"elopment raises three basic questions: 1. Does Garfield County need a 786 unit development? 2. If so, is the Heuschkel ranch the most appropriate place for such a development? 3. If so, can the property be developed in such a way that it does not adversely affect existing wells and water rights? At a time when development on Missouri Heights appears to have outgrown its market in that both King's Row and Panorama Ranches have a fair number of unsold lots as well as a number bought and held for speculation, the approved plan of 131 units seems more than enough, particularly when one considers nearby developments such as Aspen, Mountain View which have not reached the building stage. Those of us who live on Missouri Heights are concerned over the already dropping water table. As someone whose water comes from a private well, not a subdivision water system, I am particularly concerned. The Lerner subdivision's property line is approximately a quarter of a mile from my well. I hope you will turn down the proposed expansion. Sincerely, 1 A A-ej:Ikjj Elizabeth F. Penfield 1204 County road 170 Carbondale, Co. 816_:_3 • • 1654 County Road 121 Carbondale, Colorado 81623 August 20, 1981 Board of County Commissioners Garfield County Garfield County Court House P. 0 Box 640 Glenwood Springs, Colorado 81601 Gentlemen: I am writing this letter since I will be unable to attend your 8/24/81 meet- ing in person. I own 400 acres on County Road 121 within one mile of the 960 -acre Cattle Creek Ranch P. U. D. development. Last week I became aware that the developers have submitted an application to Garfield County for approval of a plan that would expand the number of dwelling units by six times (from 131 units or 7. 1 amtac s -per res approximately 816 including lodging units) or one unit to a little over one acre. I have reviewed the developer's application and find six objectives set out which are listed here in short form: 1) An 18 -hole golf course 2) High quality residential 3) Maximize views 4) Topography and vegetation protection 5) Water conservation 6) Establish sense of "place and destination" I feel these objectives can be much better accomplished without expanding the project over the existing 131 -unit P. U. D. Proper planning of urban growth into rural areas usually constitutes an orderly extension of growth densities so that public services may be economically extended to those areas as they grow. Mr. Lerner's existing 131 units could conserva- tively generate an additional 1000+ vehicle trips per day on the Cattle Creek road, a small gravel country road that is single -lane in one section. Can you comprehend what traffic 787 homes would do to this road? Also, what about the tens of thousands of acres of open ranch land around the P. U. D., and how can the county deny other applicants if this project is approved. Many of the ranchers are going to become disillusioned and discontented with the ills of having this type of urban growth in the middle of what is now open ranch country and will sell out to more developers, thereby compounding the conges- tion and other problems. There is no way the county government can effectively provide roads and road maintenance, police protection, school buses and schools, fire protection, and other important public services to a large urban population at such a distance County Board of Commissioners August 20, 1981 Page 2 from Carbondale and Glenwood Springs. Even if the county could provide the service, the great distance away from the suburbs of these cities would make the service very inefficient and the cost to the other taxpayers of Garfield County quite substantial. Long after the developers have sold out at big profits, the present and future taxpayers of Garfield County will be left to subsidize the inefficiencies of growth management created if this develop- ment is approved. There is currently a reasonably large inventory of residential building sites in Garfield County and space at the golf course. There is also a lot of un- developed land on the fringes of Glenwood Springs and Carbondale that is better suited for the type of development Mr. Lerner is proposing. If this New York City developer wants to put high density residential, lodging and commercial development in the county he should purchase land where that development belongs. The reason he didn't is because he calculated that he could buy a beautiful cattle ranch at cheap land prices and through his professional staff of land development experts convince the commissioners of a mainly agricul- tural county that his plan meant progress. After Mr. Lerner obtained approval of the first P. U. D. for 131 lots he immedi- ately tried to market the project for a $1.5 million profit. It would not be at all surprising if Mr. Lerner and his other big city partners are not calculating to increase this profit by six -fold if the county commissioners approve this new P. U. D. proposal. In conclusion let me emphasize that an urban growth island proposed for the Cattle Creek P. U. D. is not a logical or orderly extension of growth from the other urban areas of Carbondale or Glenwood Springs. Approval would con- stitute a dangerous precedent for future development of tens of thousands of acres of ranch land in this area of Garfield County. It would cost the county taxpayers far more to extend vital public services to this development than revenues ever generated through taxes. Garfield County has already provided Mr. Lerner with a fortune in quick profits by approving the development of the 131 -unit P. U. D. on this once beautiful cattle ranch. I strongly believe that in loyalty to the many tax paying, hard working residents of Garfield County the commissioners have both the justification and obligation to deny any further expansion of the Cattle Creek P. U. D. and that the proposed application for the increase not be referred to the Planning Department. Substantial growth from oil shale and supporting industries is an immi- nent possibility for Garfield County in the near future. Orderly growth, pro- tection of ranch land which is vital to our country's food supply, and orderly development of the county is a legacy which these commissioners may pass on to future generations. incerely yours, es D. 'e erson September 8, 1981 Mr. Davis Farrar, Garfield County Planner and Members of the Planning Commission 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ladies and Gentlemen: We, the undersigned property owners and residents of the area near the proposed Cattle Creek Development are strongly opposed to the extensive development planned for that subdivision. In particular, we are against the requested increase in development from the approved 131 homesites to 786 homesites. Such heavy density packed into 963 acres along with roadways, tennis courts, swimming pools, equestrian trails and a possible airstrip strikes us as an unconscionable exploitation of this land area. The effects of the heavy density requested by the developer on this area would be detrimental, if not devastating, in many respects. Mr. Davis Farrar, County Planner, has been quoted as estimating that such density would bring 2,000 people to the area. The services required of the county to maintain such a community would, as you know, be considerable. Given the remote location of the property and the large number of inhabitants indicated, such services as law enforcement, fire protection, road main- tenance, and the various other functions performed by the County would certainly be serious, if not insurmountable, problems. Problems of these types would naturally overflow to adjoining areas. What effect will the addition of 2,000 people to this area have on the available water supply? While it is reported that Mr. Lerner acquired "excellent water rights", we question the capacity of those water rights to adequately serve the population he proposes to bring in. Obviously, it follows that we are worried about the adverse effect the development could have on the volume of water supply in the surrounding area in which we live. Quality of water may also be adversely effected, A sewage treatment plant, the size and design of one adequate to meet the demands of a small city would be needed, if Mr. Lerner's request is granted. There is also the matter of the environment around this part of Cattle Creek, 'It can, at best, be described as fragile. The influx of large numbers of people to such a concentrated area will certainly mean a deterioration of surrounding land areas; vegetation, and wildlife, would suffer accordingly. Page 1 of 10 • • It has been reported that Mr. Lerner has offered to pave both the Cattle Creek Road and County Road 100 in exchange for approval of the heavy density he seeks to develop. As residents and owners of property on or near these roads, we are not interested in Mr. Lerner's offer, especially considering the price that must be paid. Both of these roads are relatively narrow and both possess blind curves. Paving will invite more traffic and encourage greater (excessive) speed. The re- sult, of course, would be an increase in the rate and severity of accidents. The only party who might benefit from paving of these roads, we suspect, is Mr. Lerner, since it will make access to his remote location seem more attractive. It is our hope also that the Commission will insist on seeing evidence of Cattle Creek Development's financial ability to carry to completion whatever construction is ultimately approved. The presently poor economic environment in which we see extremely high and unrelenting interest rates and equally high construction costs, the elaborate plans of many a real estate developer across the country have faded. Many such projects have been undertaken in the mistaken belief that there would be fast "turnover" once the properties were placed on the market. What is too often left behind is an irreversably scarred countryside suitable for use only as a trailer park. You might also ask yourselves the question, "Is it likely that the developer will find almost 800 prospective buyers willing and able to invest the sum of $300,000 (the figure attributed to Mr. Liston as the average price of a home in this development), for a home up Cattle Creek?" Cattle Creek is not Aspen. In conclusion, we ask that you give serious consideration to our concerns. We urge you to reject Cattle Creek Development's new request and that you limit your approval to that already granted. Thank you. Most sincerely yours, (we have affixed our signatures to subsequent pages, hereto attached) Page 2 of 10 0(9_ &c2R3 Co, J(c(. /66 CCCI J nc/c4 (b/ 6)/6 S1,3 L.���✓amu4.17 `1)6 L/ coo/ ' i ( /0 E./6.13 3 2 7 3 7 •L /DD 5.4c;t° . • GuL 7Ng(f C,-JuLA. 2_24.,11.J-t_e4.L2 krt I ,f7/6 z 3 7 pct 76.> /i /, ` - d: ; 890 Ei) X70 /i,. /62_ Ca46.1QJ co. 6--/b2. - J_,Ycz to .Pam°/o?' 4A",x.i.a_i_ 6.-/a ,P7 -z-3 ,V57-tao' g 04' Page 3 of 10 •fio_tA,a44.4Jur-3-/ 50 (o0 n-4_,, _ ,gr4z3 &suc_.-c ' 9 ? 100 Com, . -. "81-0... arirtAo. 4.7 537y /-c ,. Cr; itiz,,(daL _20--e_ P/C z3 / (fe-r,ide_ 1 Page 4 of 10 • Cali+.. /2 I • //3 <VC3 �f �ci l /3 853 ig r.ri • // 995"3 co, a, /( 3 i 3S— r //3 6_,r' L �J-1/� / -• . <� �,! C %Q! .af 7-1 a 05% ci // s,atiM114 0 'Pi 60. 1 j P4 Ct c1(x)•cl //3-f ,e94,1 //L. ?/,/2., ,1�,: e/Ar 1 I Page 5 of 10 • 6:ice'/c5 (d te( C; Liztd c9/96 (J 3 ''r. &u 64, 7/e23 ZS a ' 13 N). 3S23 X03 CA6. x\6,2-3 si-A3 61/4ti LII iM . �/6 Z q syy7 Vic, -.i ,/ /&_3 cc,/ f 26,&Cc_<,_ /6 v 1,AEN Rci to a aR L/ as�.t4,n. 1,t -A- ' (A_ p ("-.3**) l}co 1,5stip. fL, \A wrbt)(W 4/g/LA:A.--c CU -(07(-14° e/,o/ r;:(//c/&tez2--C, ,Kfs //2 , y( (zuld)7idczec , /4,3 Page 6 of 10 • Al& } e 7CA Zy /7'4 acek Z' 6. U•a6a.3 OJD i63 C)'49eSt)/t-t Y//02-3 L, thft( (1 (P ( /(3 .14 -Ji C .* .4--ttelt EA_ /6 • 115 f -Lx -Y(.6 C 6tg-4-3(AA OE 21CL (LLj)Pdh?CQ 0437 / it -31 (17-Y,d,-,V. IC: 1 ( .-) .r (2790 cid L , foc:.k,f 4 /i 2 ,t 2CiJ • • 11464 ao 63n.bauida4.,Co 41623 1,7 �( �� ✓��. /41. n . ' 2,5-60 au.; Stu-karcs Ay‘f-57,7 ( c ( " bc.)-N d aib rt(7:. `, _, ' )/. Page 8 of 10 • • c=cdc-/Le,4 Sc_.)-th) r� • 31 f q " l0 3 2p Oef-Jbacilth, — 96)3-360 Page 9 of 10 •• , ^36')C)- to • Page 10 of 10 GEORGE J. PETRE ROBERT 5. ZIMMERMAN COURTNEY G. PETRE DANIEL B. PETRE August 21, 1981 • • LAW OFFICES PETRE & ZIMMERMAN A PROFESSIONAL CORPORATION POST OFFICE DRAWER 400 GLENWOOD SPRINGS. COLORADO 81602 Mr. Davis Farrar Garfield County Planner 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Cattle Creek Ranch amended P.U.D. Dear Mr. Farrar: AREA CODE 303 945-6521 Mr. Frank Lerner and his engineers have had several con- ferences with Elmer Claycomb, engineer for the owners of the C. and M. Ditch and some effort has been made to address the problem that the subdivision and P.U.D. creates for the ditch owners. We are not completely satisfied that all the problems have been addressed or what will be necessary to solve the problems but we have and are continuing to carry on a dialogue with the developer that should eventually lead to solutions to these problems. In light of the progress and the cooperation indicated by the developer, we would suggest that as far as we are concerned that the developer be allowed to continue his progress in the submission of the P.U.D. application so that hopefully our problems can be solved during the period of time that the remaining problems associated with the P.U.D. are addressed and solved. Yours very truly, PETRE & ZIMMERMAN P.C. cc: Oscar Cerise Clifford Cerise H. P. Hanson Claycomb Engineering Associates Eldorado Engineering Co. AUG 2 4 1981 GARFIELO DO. ?LKNNER r • • CARBONDALE FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, Colorado 81623 September 16, 1981 Mr. Davis Farrar Garfield Co. Planner 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Davis: I am in receipt of your letter of August 31, 1981 and offer the following comments on fire protection in the Spring Valley Area. Concerning the Los Amigos/CMC area: Colorado Mountain College has expressed a willingness to provide land, free of charge, to the Fire District for construction of a fire station. The proposed fire station would be a sub- station of the Carbondale Fire Department and would be used for first response duties. The "heavy artillary" would still respond from the Carbondale station. The sub -station should be constructed with the capability to add-on as the area grows. The sub -station could also provide first response fire protection to the Westbank area, and the entire southwestern part of the Fire District. Funding the construction of such a station is quite another question. The Carbondale Fire District does not currently have budget provisions for such funding. Requiring the various PUD's in the area to fund the construction is an option, I suppose. Possibly grant monies could be procured. The Fire District does recognize the need for a sub -station in that end of the Fire District and plans to pursue all available avenues to accomplish this plan. Concerning the Spring Valley area that is not presently in an incorporated fire district: should the various property owners choose to petition the Fire District for annexation, and should the Fire District elect to expand its bound- aries, then provisions will have to be made for yet another sub -station in that area. (Assuming the Cattle Creek Ranch PUD of 131 Units is developed as plan- ned). Our response time to Westbank is currently 9 minutes, to CMC is currently 15 minutes, and to Cattle Creek Ranch is currently 20 minutes. (All times are approximate) . Mr. Davis Farrar September 16, 1981 Page Two I hope this answers some of your questions regarding the Fire District plans for the Spring Valley area. I look forward to working with you further on this subject and if I can be of further assistance to you, please call me at 963-2491. Sincerely, /6-7-t.) ice c�l� Ron Leach Carbondale Fire District RL:cf October 29, 1981 Ifr ff NOV 2 1981 the GikflEti CO. ►;N and desi9n partnership Davis Farrar 2014 Blake Avenue Glenwood Springs, CO 81601 RE: Cattle Creek Ranch Dear Davis: Following the P & Z meeting Frank Lerner, myself and other design team members reviewed all the input from the P & Z members and the public at that meeting. We felt that some of the concerns raised deserved more indepth study on our part. Recognizing the Garfield County P.U.D. process follows a 120 day maximum review schedule, I would request on behalf of Mr. Lerner, that the Cattle Creek P.U.D. application be removed from the review process for the present time. I recognize that to resume the process will require that a new application be submitted to the county. If you have any questions, please do not hesitate to give me a call. Sincerely, Ronald B. Liston The Land Design Partnership RBL/njh 403 West First Street Glenwood Springs Colorado 81601 (303) 945-2246 ARTICLE V CATTLE CREEK RANCH P,U,DI DEVELOPMENT GUIDE p U.D. ZONE MAP LAND USE SUMMARY Dwelling Units Acres % of Total PUD Open Space District 176. 56% Recreational Services Dist. *2 8. 3% Residential/Single Family 93 95. 30% Density .98 units/acre Residential/Cluster Housing 36 12. 4% Density 3.0 units/acrest. 60' Road R.O.W. 22. 7% TOTAL 131 dwelling 313 acres 100% units Gross Density: 2.4 acres/dwelling unit Note: Final engineering refinement of the plan at the - time of subdivision platting may result in minor variations in the above acreages. *If these units are not constructed in the Recreational Services District they may be transfered to another residential zone district. • • Section III. P.U.D. Zone Districts A. Zone Districts. To carry out the purposes and provisions of the Garfield County Zoning Resolution, Garfield County, Colorado and particularly, Section 4.00 of that title, as amended, the Cattle Creek Ranch Planned Unit Development Zoning District is.further divided into the following Zone District Classifications: - Greenbelt District - Recreational Service District - Residential/Single Family District - Residential/Cluster Housing District B. Zone Map. The boundaries of these districts shall be located as shown on the Cattle Creek Ranch P.U.D. Zone Map. C. Zone District Boundaries. Wherever a Zone District abuts a street as shown on the PUD Zone Map, the Zone District boundary is the abutting right-of-way line of such street. Wherever a Zone District does not so abut a street, the Zone District boundary shall be as shown on the PUD Zone Map. The size of any Zone District may increase or decrease by a maximum of 10% during the subdivision process without any amendment to the P.U.D. Zone Map. • • Section IV. Greenbelt District A. Uses, By Right, Park and Greenbelt Recreational uses including golf course, tennis courts, pedestrian/bike paths, ball fields, skeet shooting and other recreational. facilities. Agricultural uses including farm, garden, nursery, orchards, ranch and custom area accessory uses including buildings for shelter or enclosure of animals or property employed in any of the above uses. Kennel and riding stable. Well sites, sewage treatment facilities, water treatment and storage facilities and other public and private utility facilities and buidlings. Golf course maintenance facility. B. Uses, Conditional. None C. Uses, Special. Water Impoundments D. Minimum Lot Area. None E. Maximum Lot Coverage. None F. Minimum Setback. From dedicated public right-of-way 20 feet From other property lines 5 feet G. Maximum Building Height. 30 feet measured at the verticle to the grade at the center of the building. • • Section V. Recreational Services District A. Uses, By Right. All uses by right in the Open Space District (Section II of this Zoning Regulations). Athletic Club Riding Stable, equestrian club and veterinarian clinic Restaurant, bar and lounge and retail commercial shops customary to the support of the recreational activities associated with this district (by example - equestrian tack shop). Offices for the management of facilities and activities associated with the Cattle Creek Ranch. Real Estate Sales and Property Management Office Single and multiple family dwelling units for occupants directly employed in the operations of the recreational facilities. B. Uses, Conditional. None C. Uses, Special. Water Impoundments. D. Minimum Lot Area. None E. Maximum Lot Coverage. None F. Minimum Setback. From dedicated public right-of-way 20 feet From other property lines 5 feet G. Maximum Building Height. 30 feet measured at the verticle to the grade at the center of the building. • • Section VI. Residential/Single Family District A. Uses, By Right: Single family dwelling and customary accessory uses including buildings for shelter or enclosure of property accessory to the use of the lot for single family residential purposes and fences, hedges, gardens, wall and similar landscape features Park, greenbelt and golf course. Domestic water storage tank. Live-in maids and caretakers quarters when attached to the primary resident and not exceeding 400 square feet in floor area. B. Uses, Conditional: None C. Uses, Special: Water Impoundments D. Minimum Lot Area: 20,000 square feet E. Maximum Lot Coverage: 40% F. Minimum Setback: Front Yard Rear Yard Side Yard 25 feet 25 feet 15 feet On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. G. Maximum Building Height: 25 feet measured at the verticle to the grade at the center of the building. • • Section VII. Residential/Cluster Housing District A. Uses, By Right. Single family, two family and three family dwelling and customary accessory uses including buildings for the shelter of property accessory to the use of lot for residential purposes and fences, hedges, gardens, walls and similar landscape features. Condominium and row house (maximum four dwelling units per structure). More than one principal structure per lot, complying with the uses by right, shall be permitted as long as the total dwelling units do not exceed the designated district density. Park and open space (a minimum 4 acre park will be contained in the R/CH District). B. Uses, Conditional. Day Nursery C. Uses, Special. None D. Minimum Lot Area. 1. 800 sq. ft. for townhouse, attached single family dwellings. 2. 3,200 sq. ft. for detached zero lot line single family dwellings. 3. 8,000 sq. ft. for detached single family and two family dwellings. 4. 10,000 sq. ft. for three family dwellings E. Maximum Lot Coverage. 1. Detached single family and zero lot line single family and two family lots - 70%. 2. Townhouse and attached single family dwellings - 80%. • • F. Minimum Setbacks. 1. Townhouse, attached single family dwellings Front yard - 25 feet from the front lot line, if there is a front facing garage; or no setback if there is a side facing garage or at least 25 feet of common open space between the curb line and the lot line. Side yard - 10 feet. On corner lots, the side yards shall be 25 feet when auto- mobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. Rear yard - 10 feet. 2. Zero lot line detached single family dwellings Front yard - 25 feet. Side yard - 10 feet on one lot line and no setback on the opposite line. No accessory building shall be permitted within the required side yard. Rear yard - 15 feet. 3. Single family, two family and three family dwellings Front yard - 25 feet Side yard - 10 feet Rear yard - 25 feet G. Maximum Height of Buildings. 25 feet measured at the verticle to the grade at the center of the building. H. Additional Requirements. 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. For zero lot line dwellings no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. III -20 • EX///43/ CATTLE CREEK RANCH P.U.D. P.U.D. ZONE REGULATIONS Section I. General Provisions A. Effect of. Garfield County Zoning Resolution (adopted January 2, 1979). The provisions of the Garfield County Zoning Resolution and the successors thereof, as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Cattle Creek Ranch Planned Unit Development Zone Regulations. B. Conflict. The provisions of the Zone Regulations shall prevail and govern the development of Cattle Creek Ranch provided, however, where the provisions of the Cattle Creek Ranch Zone Regulations do not clearly address a specific subject, the provisions of the Garfield County Zoning Resolution, or any other ordinances, resolutions or regulations of Garfield County shall prevail. i • Section II. Definitions A. Purpose and Intent. The purpose of this Section is to make certain the meanings of certain words, terms and phrases used in the Cattle Creek Ranch P.U.D. Zone Regulations. Any words, terms and phrases used in these Zone Regulations shall be defined and interpreted in accordance with the definitions contained in this Section, unless the context clearly indicates a differ- ent meaning was intended. If the context is not clear, the Cattle Creek Ranch Joint Venture shall provide its understanding of the meaning to the Garfield County Planning Department, and if uncertainty still remains, the matter will be referred to the Garfield County Board of Commissioners for final determination. B. Rules of Construction. The following rules of construction shall govern the interpretation of the provisions of this Zone Regulation. 1. All words, terms and phrases not defined herein but defined in other resolutions or codes of the County relative to land development or construction shall be construed as defined in such resolutions or codes, unless the context indicates a different meaning was intended. All wcrds, terms and phrases neither defined herein nor in such other resolutions or codes shall be given their usual and customary meanings, unless the context clearly indicates a different meaning was intended. 3. The text of this Zone Regulation shall have prece- dence over captions, titles and maps. 4. The word "shall" is mandatory and not permissive; the word "may" is permissive and not, mandatory. 5. Words used in the singular include the plural, and words used in the plural include the singular, unless the context indicates the contrary. 6. Words used in the present tense include the future tense, and words used in the future tense include the present tense. 7. The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for" and "occupied for". 9. 8. The particular or specific controls over the general. • • C. Definitions. The following words, terms . be defined as set forth hereinafter. 1. Abutting Land: A parcel of land whi< property line with another parcel of 2. Accessory Building: A subordinate bL of which is customarily incidental tc, main building or to the main use of t which is located on the same lot with ing or use. 3. Accessory Use: A use naturally and r.•. and subordinate to, and devoted excluf. main use of the premises. 4. Area Per Dwelling Unit: The amount of feet within the boundaries of a lot or by the total number of dwelling units :: project. 5. Basement: That part of a building part__ totally underground. 6. Board or Board of County Commissioners: County Commissioners of Garfield County ing body of the County. 7. Borrow Site: An area used for the ext: earthen materials such as sand, gravel is outside the area of immediate develc;- 8. Building: Any permanent structure, or of, built for the shelter or enclosure animals, chattels or property of any k:: ing therefrom advertising signboards a-- 9. Building Coverage: Ratio of ground arty ing covers in a lot to the total lot cr as a percentage. 10. Building, Principal or Main: A build; in which is conducted one or more of 1' permitted uses of the lot or project situated. 11. Building Line: Imaginary lines on a the closest points from lot lines, put'.' Planning Area or project aKea boundar i • applicable perimeter lines, where any may be constructcd. 12. Building height: The vertical distance above a refer- ence datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be the average finished grade at the exterior wall of a structure. 13. Business or Commerce: Activities involving the pro- vision of services, purchases, sales or other trans- actions relating to the handling or disposition of any articles, substances, commodities or intangibles for profit or livelihood; the ownership or management of real estate; and the maintenance and use of offices by professions and trades rendering services. 14. Caretaker Apartment: A dwelling unit accessory to any building arranged, designed and intended for occupancy by a person or persons owning, employed in or dealing with, and responsible for security and_ maintenance of such building or the uses permitted therein. 15. Carport: .7\ roofed structure, or a portion of a build-' ing, open on 2 or more sides, designed primarily for the parking of automobiles. i6. Child Care Center: A service commercial facility in which care is provided for children for periods of less than 24 hours at a time and is operated under the provisions of the Colorado Child Care Act. 17. Church: Any building arranged, designed and intended to be used as a place for religious worship and in- struction. 18. Clinic, Medical: A facility licensed and used for the provision of medical, surgical or mental health care of the sick or injured, but excluding therefrom in- patient and overnight accommodations. 19. Common Area or Common Element: The total area and structures within a project which are designed, designated and maintained for common use and enjoy- ment by the homeowners and their invitees, such as recreation areas and facilities, landscaped areas, open space areas,.and natural areas. 20. Community Information Center: A temporary or per- manent structure or facility, including associated parking areas, which is used principally for dis- semination of community news and events, and infor- mation concerning real estate held for sale or lease during the development of Cattle Creek Ranch. III -4 • • 21. Condominium: An individual air space dwelling unit together with the interest in the common elements appurtenant to such unit. 22. Condominium Project: A project divided into condo- miniums, including all structures and common areas and elements situated therein. 23. Construction: The actual placement and fastening of construction materials in a fixed position. If a basement is being excavated, such excavation shall be deemed to be actual construction. If demolition or removal of any existing building or structure has commenced preparatory to construction, such demolition, removal, or moving of a structure, shall be deemed to be actual construction. The term construction shall apply to buildings, roadways, utilities, other struc- tures and landscaping. 24. Convenience Commercial: A retail or service commercial use which serves the area immediately surrounding the use by providing groceries, sundries and miscellaneous services which do not typically offer comparison shop- ping opportunities. 25. County: Garfield County, Colorado. 26. Covered Parking: Parking facilities'which are pro- tected by a roof or enclosed with a structure. 27. Density: The number of dwelling units per gross residential acre in a specific portion of land.. 28. Design Review Committee: A committee appointed in accordance with the covenants, conditions and re- strictions applicable to Cattle Creek Ranch and charged with responsibility for reviewing and approving land use, plans and specifications for all construction, modification or alteration of improvements, the place- ment and maintenance of landscaping, the location of structures, any planned removals or vegetation and other matters with the power of approval or disapproval thereof. Initially, the members of the Design Review Committee shall be appointed by the Cattle Creek Ranch Joint Venture. 29. Design Review Guide: Restrictions, rules and regula- tions to be developed and enforced by the Design Review Committee as criteria for- the development of architec- tural style and review of plans, specifications and details. III -5 30. Development Guide: Sets forth land uses -and develop- ment standards for Cattle Creek Ranch, a planned community in the unincorporated area of the County of Garfield, State of Colorado; regulates the use of land and the use, bulk, maximum height, minimum lot area, minimum lot width, and minimum yard spaces of buildings; provides regulations for uses permitted therein and accessory buildings and uses; provides additional supplementary regulations; and defines certain terms used therein. 31. Developer: The developer is the Cattle Creek Ranch Joint Venture. 32. Garfield County Zoning Resolution: The Zoning Re- solution regulating uses of land applicable in Garfield County. 33. Driveway: A private vehicular passageway for the. exclusive use of the owners and occupants of one or more lot or project and their invitees. A driveway shall not be considered to be a street. 34. Dwelling: A building or portion thereof used exclu- sively for residential occupancy including one -family dwellings, two-family dwellings; multiple -family dwellings; but excluding therefrom hotels, motels, tents, seaso:.al vacation cabins and c'-hor structures designed or used primarily for temporary occupancy, provided, however, that nothing herein shall be deemed to prevent use of dwellings for transient occupancy in those areas of Cattle Creek Ranch where transient occupancy such as that associated with hotel or motel use is oth-2rwise permitted. 35. Dwelling, Multiple Family: A building, or portion thereof, designed for or occupied by three or more families living independently of each other, but not including hotels or motels. 36. Dwelling, One -Family: A dwelling situated on 1 lot and arranged, designed and intended for occupancy by not more than 1 family, and which has no more than 1 primary kitchen and no less than 1 bedroom. 37. Dwelling Unit: One or more rooms and a primary kitchen arranged, designed and intended as a unit for occupancy by 1 family living independently of others, situated in a one -family, two-family or multiple -family dwelling. r 38. Easement: An acquired right of use, interest or privilege in land owned by another. 39. Family: An individual, of 2 or more persons related by blood or marriage, or a^group of not more than 5 persons' (excluding servants) living together as a single housekeeping unit in a dwelling unit. 40. Floodplain: The area adjoining any river, stream, watercourse, lake or other body of standing water which is subject to inundation by a 100 -year flood. 41. Floor Area, Gross: The total inhabitable horizontal floor area of all floors in a building exclusive of basement, garage, storage and utility area. 42. Floor Area Ratio: The numerical value obtained by dividing the gross floor area of all buildings located upon a lot or parcel of land by the total area of such lot or parcel. 43. Garage, Private: A building, or portion thereof, used primarily for the parking of automobiles belong- ing to the occupants of the land upon which it is situated and their invitees. 44. Garage, Public: A building, or portion thereof, other than a private garage, used for the parking of automobiles. A5. Golf Club: A 11ri.—tc club organized fcg she purposes of playing golf and maintaining the Cattle Creek Ranch Golf Course. 46. Grade, Average Finished: At the exterior wall of a structure is the average elevation of the finished surface of the ground between the building and a line five feet from the building. 47. Grade, Ground Level: The elevation of the finished lot surface measured at any point along the perimeter of the building. 48. Home Occupation: Any business use which is conducted principally within a dwelling by the occupants thereof and not others, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character of the dwelling, exclu- ding therefrom such uses as a medical clinic, hospital, barber shop, beauty parlor, tea room, tourist home, kennel, animal clinic or animal hospital, or any similar use generating more than occasional and minimal vehicular and pedestrian traffic. 49. Hotel: Any building arranged, designed and intended as a temporary lodging place for human beings, with or without meals, in which there are 6 or more guest rooms or suites; and in which no provision is made for cooking in any individual room or suite. 50. Household Pets: Small animals in such numbers as not to constitute a nuisance customarily permitted to be kept in dwellings for company or pleasure, in- cluding but not limited to dogs, cats, rabbits, and common house birds, provided that such animals are not kept to supplement food supplies or for any commercial purpose other than the offering for sale of 1 litter, brood or offspring of a household pet domiciled on the premises, at any one time, that is less than 4 months old. 51. Joint Use of Parking: The shared use of off-street parking facilities by more than one type of land use where the same parking spaces are taken into account in satisfaction of the parking requirements of each use. 52. Kennel: Any building, structure or open space, or portion thereof, used for the breeding, raising, boarding, or Lolling of 5 or more dog_, ;...0 ` are more than 4 months old or of more than one litter. 53. Landscaping: Improvement of an area of land by the installation, removal or transplanting of vegetation or the installation of other materials or elements for the purposes of enhancement. 54. Lot Area: The total horizontal area within the lot lines of a lot. 55. Lot Line, Front: The property line dividing a lot from the street providing access thereto, provided that with respect to a corner lot, the front lot line shall be determined by the orientation of the building. 56. Lot Line, Rear: The property line opposite the front lot line. 57. Lot Line, Side: Any lot lines other than the front lot line and rear lot line. 58. Lot Width: The distance of an imaginary line on a lot parallel to the front lot line and measured be- tween the side lot lines at the building line nearest the street providing access thereto. 59. Maintenance Facility: Any building or structure used for housing maintenance equipment and operations. 60. Mobile Office: A vehicle, with or without self motive power, designed and equipped for human occupancy for industrial, commercial or professional purposes, inclu- ding but not limited to, temporary offices for the sale of homes and temporary construction management and supervisor trailers. 61. Open Space: Public or private land and aquatic areas which are acquired, regulated, or managed to protect the natural environment and significant cultural re- sources; provide recreational opportunities; shape the pattern of development; or any combination thereof, including yards, open space easements, common areas, common elements, and any building authorized for con- struction on open space. 62. Open Space Easement: Continuous area of land varying in dimension (encompassing public or private land and aquatic areas) for the purpose of open opa:. uses (s) . 63. Open Space Management Plan: A plan which describes the management, operation, maintenance and responsi- bility for the Cattle Creek Ranch Open Space. See Section XI of Zone Regulations. 64. Open Space, Community: Community open space is com- posed of privately owned land devoted to Cattle Creek Ranch recreational, community or open space uses, all of such lands being unoccupied with unobstructed space, open to the sky, except for trees, shrubbery, vege- tation or improvements relating to community, recrea- tional, or open space use. 65. Parking Space: A portion of land, other than a street, used for the parking of automobiles and available for general public use, either free or for remuneration (see Section XV). a- 111-9 IIT-9 66. Planning Area: An area of land on the Master Plan, the boundaries of which are arterial street, nonurban areas and other lands set forth on the Master Plan. The specific uses in, and the corresponding develop- ment standards and requirements applicable to, any area of land are determined by the Planning Area within which such area is placed and the provisions of this Zone Regulations. 67. Planning Commission or Commission: The Garfield County Planning Commission. 68. Planning Office: The Garfield County Planning Office. 69. Pre -Sited Zone: Areas within each lot which have been selected by the Cattle Creek Ranch Joint Venture for the location of buildings or structures. 70. Professional Office: A place of business for any of the following: accountants; architects; attorneys; bookkeeping services; brokers (of stocks, bonds, real estate); building designers; persons licensed by the State to practice any of the healing arts; corporate offices, drafting services, financial institutions, including banks, savings and loan associations; insur- ance companies, ciedit unions and creuit-reporting agencies; development companies; engineers; surveyors and planners; insurance agencies and brokers; interior decorators and designers (no retail sales allowed on premises); laboratories, medical and dental; landscape architects; pharmacies; notaries public, public stenog- raphers, tN-ping and secretarial services; and other similar businesses and professions. 71. Project: One or more lots planned, designed and developed as a unified entity such as a condominium development, cluster development, commercial develop- ment, industrial development, recreational development, etc. 72. Public Sewerage and Public Water Facilities: Facili- ties of a metropolitan district which are constructed, operated and maintained to provide water or sewerage service to Cattle Creek Ranch. 73. Public Utilities: Facilities of a public utility. 74. Public Utility: Every firm, partnership, associa- tion, cooperative, company, corporation and govern- mental agency, and the directors, trustees or receivers thereof, whether elected or appointed, which is engaged in providing bus, electric, rural electric, telephone, communications, gas, gas pipeline carrier, water, sewerage, pipeline, road maintenance, fire protection, and emergency medical facilities and services. 75. Recreation Vehicle: A motor home, travel or camping trailer, boat, van or truck camper, with or without self -motive power. 76. Retail Commercial: A commercial use characterized by selling of tangible goods, wares, and merchandise directly to the consumer. 77. Riding Trails, Hiking Trails, and Biking Trails: A trail or passageway arranged, designed and intended for use by equestrians, pedestrians, and cyclists using nonmotorized bicycles. 78. Right -of -Way or Passageway: An area or strip of land, either publicly or privately owned, over which a right of passage has been recorded for the use by vehicles, or pedestrians, or both. 79. Road, Private: See Section XVI, Road Standards. 80. Road, Collector: See Section XVI, Roadway Standards. 81. Road, Primary Local Access Street: See Section XVI, Roadway Standards. 82. Road, Secondary Local Access Street: See Section XVI, Roadway Standards. 83. Road, Cul -de -Sac: See Section XVI, Roadway Standards. 84. Service, Commercial: A commercial use characterized by the selling of services and intangibles directly to the consumer. 85. Setback: The length of any required yard measured perpendicular to the lot line. 86.' Sign: Anything designed to inform or attract the attention of people, but excluding therefrom any flag, badge or insignia of any government or govern- mental agency, or of any civic, charitable, religious, or fraternal organiztion. 87. Site Development Plan: The procedures, requirements and standards for site development plans specified in the Cattle Creek Ranch Design Guide and the Garfield County Zoning Resolution. 88. Special Community Event: A temporary event: sponsored by a Cattle Creek Ranch service club, Cattle Creek Ranch Golf or Recreation Club, association, property owners association, other community organization or the owner of a major portion of the land within Cattle Creek Ranch, such as golf tournaments, fireworks, parades, , swim meets, community picnics, athletic events, non - motorized vehicle races, rodeos, Christmas and holiday pageants, and other outdoor programs. 89. Stable, Public: A building, or portion thereof, and accessory structure used to shelter and feed horses which is operated under the direction of the Cattle Creek Ranch Joint Venture or Homeowneis Association for the residents of Cattle Creek Ranch. 90. Story: That portion of a building included between an upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the top most floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under floor space is more than 6 feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused under floor space shall be considered as a story. 91. Street: A public or private right-of-way for motor vehicles other than an alley or driveway. 92 Structure: Anything constructed or erected in, under, over or upon the land, or attached to something in, under, over, or upon the land, but excluding therefrom off-street parking areas, fences and walls used as fences 6 feet in height or less, and public utilities. w 93. Structure, Permanent: A structure which is built of such materials, and in such a manner, that it would reasonably be expected to last and remain useful for more than 5 years. 94. Structure, Temporary: A structure which is not a permanent structure, or one which is constructed for a special purpose in contemplation of removal upon accomplishment of such purpose. The allowable life of the structure shall be based on the appropriate county permits. 95. Subdivision: A parcel of land divided into blocks, lots or plots for immediate or future use of sale, or for building developments; or the act of so dividing the land. 96. Temporary Contractor Storage Yard: A place for temp- orary storage of materials used for the construction of structures, roadways, public utilities or land- scaping. 97. Use: The purpose for which land, or portions thereof, or buildings are arranged, designed and intended, or the purpose for which either land or building, or portions thereof, are or may be occupied or maintained. 98. Water Bodies: A channel, natural depression, stream, creek, pond, ditch, reservoir, lake or any place where water is channeled or collected and stands and/or flows either as the result of man-made or natural impoundments. 99. Yard: The area on a lot unoccupied and unobstructed from the ground upward, exdept for certain items as otherwise provided in this Zone Regulations, such as landscaping, walkways and patios. 100. Yard, Front: A yard extending across a lot between the principal building nearest the public street providing access thereto and the edge of the curb nearest such building or, in absence thereof, the edge of the paved road surface. 101. Yard, Rear. A yard extending across the full width of a lot between the principal building on the lot nearest to the rear lot line, and the rear lot line. 102. Yard, Side: A yard extending from the front yard to the rear yard between the principal building nearest to a side lot line, and such side lot line. 103. Zero Lot Line: A situation in which either: a. two adjoining structures or adjacent but separate properties share a common wall, or b. a structure is built up to its property line with no easement or setback requirement. r • • Section III.. P.U,D. Zone Districts A. Zone.Districts. To carry out the purposes and provisions of the Garfield County Zoning Resolution, Garfield County, Colorado and particularly, Section 4.00 of that title, as amended, the Cattle Creek Ranch Planned Unit Development Zoning District is.further divided into the following Zone District Classifications: - Onen Space District - Recreational District - Residential/Single Family District - Residential/Cluster Housing District B. Zone MaR. The boundaries of these districts shall be located as shown on the Cattle Creek Ranch P.U.D. Zone Map. C. Zone District Boundaries. Wherever a Zone District abuts a street as showA on the PUD Zone Map. the Zone District boundary is the abutting right-of-way line of such street. Wherever a Zone District does not so abut a street, the Zone District boundary shall be as shown on the PUD Zone Map. The size of any Zone District may increase or decrease by a maximum of 10% during the subdivision process without any amendment to the P.U.D. Zone Map. • • Section IV. Open Space District A. Uses, By Right. Park and Greenbelt Recreational uses including golf course, tennis courts, pedestrian/bike paths, ball fields, skeet shooting and other recreationa L.facilities. Agricultural uses including farm, garden, nursery, orchards, ranch and custom area accessory uses including buildings for shelter or enclosure of animals or property employed in any of the above uses. Kennel and riding stable. Well sites, sewage treatment facilities, water treatment and storage facilities and other public and private utility facilities and buidlings. B. Uses, Conditional. None C. Uses, Special. Water Impoundments D. Minimum Lot Area. 2 acres - E. Maximum Lot Coverage. None F. Minimum Setback. From dedicated public right-of-way 20 feet From other property lines 5 feet G. Maximum Building Height. 30 feet measured at the verticle to the grade at the center of the building. • • Section V. Recreational District A. Uses, By Right. All uses by right in the Open Space District (Section II of this Zoning Regulations). Athletic Club Riding Stable, equestrian club and veterinarian clinic Restaurant and retail commercial shops customary to the support of the recreational activities associated with this district (by example - equestrian tack shop). Offices for the management of facilities and activities associated with the Cattle Creek Ranch. Real Estate Sales and Property Management Office Single and multiple family dwelling units for occupants directly employed in the operations of the recreational facilities. B. Uses, Conditional. None L. uses, Special. Water Impoundments. D. Minimum Lot Area. 10,000 sq. ft. E. Maximum Lot Coverage. None F. Minimum Setback. From dedicated public right-of-way 20 feet From other property lines 5 feet G. Maximum Building Height. 30 feet measured at the verticle to the grade at the center of the building. • 1 Section VI. Residential/Single Family District A. Uses, By Right: Single family dwelling and customary accessory uses including buildings for shelter or enclosure of property accessory to the use of the lot for single family residential purposes and fences, hedges, gardens, wall and similar landscape features. Park, greenbelt and golf course. Domestic water storage tank. Live-in maids and caretakers quarters when attached to the primary dwelling unit and not exceeding 400 square feet in floor area. B. Uses, Conditional: None C. Uses, Special: Water Impoundments D. Minimum Lot Area: 20,000 square feet E. Maximum Lot Coverage: 40% F. Minimum Setback: Front Yard 25 feet Rear Yard 25 feet Side Yard 15 feet G. Maximum Building Height: 25 feet measured at the verticle to the grade at the center of the building. r III -:8 • • Section VII. Residential/Cluster Housing District A. Uses; By Right. Single family, two family and three family dwelling and customary accessory uses including buildings for the shelter of property accessory to the use of lot for residential purposes and fences, hedges, gardens, walls and • similar landscape features. Condominium and row house. More than one principal structure per lot, complying with the uses by right, shall be permitted as long as the total dwelling units do not exceed the designated district density. Park and open space. Lodge and guest ranch. B. Uses, Conditional. Day Nursery C. Uses, Special. None D. Minimum Lot Area. 1. 800 sq. ft. for townhouse, attached single family dwellings. 2. 3,200 sq. ft. for detached zero lot line single family dwellings. 3. 8,000 sq. ft. for detached single family and two family dwellings. 4. 10,000 sq. ft. for three family dwellings E. Maximum Lot Coverage. 1. Detached single family and zero lot line single family and two family lots - 70%. 2. Townhouse and attached single family dwellings - 80%. r • . F. Minimum Setbacks. 1. Townhouse, attached single family dwellings Front yard - 25 feet from the front lot line, if there is a front facing garage; or no setback if there is a side facing garage or at least 25 feet of common open space between the curb line and the lot line. Side yard - 10 feet. Rear yard - 10 feet. 2. Zero lot line detached single family dwellings Front yard - 25 feet. Side yard - 10 feet on one lot line and no setback on the opposite line. No accessory building shall be permitted within the required side yard. Rear yard - 15 feet. 3. Single family, two family and three family dwellings Front yard - 25 feet Side yard - 10 feet Rear yard - 25 feet G. Maximum Height of Buildings. 25 feet measured at the verticle to the grade at the center of the building. H. Additional Requirements. 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. For zero lot line dwellings no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. III -20 • • Section VIII. Residential Density A. Density Standards. The dwelling unit density permitted shall apply to the entire Cattle Creek Ranch and shall not be specifically applicable to any portion thereof. Density of any Residential Planning Area shall be computed by dividing the total number of dwelling units in the Planning Area by the total number of gross acres in the Planning Area. B. Density Variations. Any individual Residential Planning Area may contain up to 1.2 times the total number of allow- able dwelling units set forth in the Development Plan for such Planning Area, as determined by the Cattle Creek Ranch Joint Venture. The increase in the number of allow- able dwelling units within any such Planning Area will be accomplished through a transfer of allowable dwelling units from any other Residential Planning Area without any amend- ment of this Zone Regulation. The intent of this provision is to allow flexibility in planning to take into account varying conditions of terrain and other site characteristics. In no case shall the ultimate number of dwelling units in the Planned Unit Development exceed that established on the approved Master Plan. 1- • . Section IX. Supplemental Land Use Provisions A. Agricultural Uses. Agricultural and ranch activities and uses, and all accessory structures and uses which are customarily incidental or appropriate to farming and ranching, shall be permitted within Cattle Creek Ranch. In those areas of Cattle Creek Ranch under development, an orderly transition to urban uses will be undertaken to assure that agricultural uses will not be detrimental to Cattle Creek Ranch. B. Borrow Sites. Within the prior approval of the Cattle Creek Ranch Design Review Committee, any area within Cattle Creek Ranch may be used as a borrow site, in accordance with the general erosion control plan, for construction materials provided, however, that such area shall be reseeded with appropriate plant materials subsequent to borrow operations. Material from the borrow site must be restricted to use within the Cattle Creek Ranch P.U.D. • C. Setbacks. The following yard requirements shall be observed in all zone districts: 1. Through lots: on lots extending from one street to another paralleling street, both streets shall be considered as front streets for the purposes of calculating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard adjacent to the fence shall be considered a rear yard of side yard. 2. Corner lots and reverse_corner_Lots; on residential lots bordered on two contiguous sides by streets, the required front yard setbacks shall be observed along both streets. 3. Two family dwellings: for purposes of setback calculations, a two family dwelling shall be construed as one building occupying one lot. 4. Attached single family dwellings: for purposes of setback calculations only those attached single family dwellings which do not share a common wall with an adjacent attached dwelling need observe the required side yard setback for the district providing building code requirements for this type of structure are observed. 1II--22 • • 5. Projections: every part of a required yard shall be unobstructed from ground level to the sky except for projection of architectural features as follows: cornices, sills and ornamental features - 12 inches; roof eves - 18 inches; uncovered porches, slabs and patios, walks, steps, fences, hedges and walls - no restriction; fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard and 4 ft. into any required front or rear yard. II1-23 Section X Off -Street Parking A. Purpose and Intent. The purpose of this Section is to establish development standards to satisfy the motor vehicle off-street parking needs generated by land uses in the Cattle Creek Ranch P.U.D. B. General Standards and Requirements. Off-street parking facilities are permitted and required in accordance with the following standards. 1. All required off-street parking facilities shall be designed, constructed and maintained so as to be usable and accessible at all times, and shall be conveniently located to the use or uses they serve in order not to discourage their utilization. 2. All off-street parking facilities shall be designed so that, where site lines are restricted or where traffic flow creates a hazardous situation, motorists are not encourage or required to back directly from a parking space into a street, excluding therefrom such facili- ties serving single-family dwellings. 3. Common or jo' ^t uses of par:;ing facili Lie may be permitted with a recorded agreement if traffic conges- tion, less than adequate parking for the uses involved or unnecessary expanses of paving are avoided thereby. 4. Except for required off-street parking facilities for single-family dwellings, such facilities do not have to be located on the same lot as the use or uses which generate the requirement, provided the total parking requirement for each use is satisfied and that no such parking area shall be located more than 300 feet from the use to be served. Parking structures may be uti- lized to satisfy the parking requirements for any permitted use. 5. All parking spaces, driveways and maneuvering areas shall be paved with all weather gravel, asphaltic or concrete surfacing and shall be maintained. 6. All parking areas, other than those for single-family dwelling units, shall be designed as to allow for easy snow removal and to allow space for snow dump. 7. All lighting for illumination of parking areas and driveways shall be designed and located to direct light rays to the lot or project, will be designed to conserve energy, and will be subject to Design Review Committee approval. III -24 • • 8. Parking area signs, each not to exceed 2 square feet in surface area, and directional instructions lettered on the paved surface of driveways and parking areas are permitted for all parking facilities. Such signs and instructions may contain only the name of the owner or occupant of the use served, and such words and sym- bols that are directly related or essential to parking or the direction of vehicular traffic within the parking area and access driveways. All parking area signs shall.be subject to Design Review Committee approval. 9. Wherever 2 or more different uses exist on the same lot or project, the total parking requirement there- fore shall be the sum of the parking requirements for each such use. 10. Fractions resulting from calculations required by the provisions of this Section shall be rounded off as follows: (a) fractions of 1/2 or more shall be rounded to the next higher whole number, and (b) fractions of less than 1/2 shall be rounded to the next lower whole number. 11. Wherever the use of any lot or project is changed, enlarged, expanded or intensified frorr, that for which the existing parking facilities were provided, addi- tional parking facilities to meet the requirements of this Section shall be provided for the changed, en- larged, expanded or intensified use. 12. Parking facilities shall not be used for the sale, repair, diJmantling or service of any vehicles, equip- ment, materials or supplies, nor for the storage of such equipment, materials or supplies. 13. Parking lot pavement standards will require a minimum of 2 inches of asphaltic pavement and 6 inches of base course with final construction standards based on site specific soil investigation. 14. Each required off-street parking space shall have a minimum unobstructed area of 9 feet in width, 20 feet in length. 15. Off-street parking spaces located parallel to and abutting an aisle may be reduced to 8 feet in width. C. Residential Requirements. The minimum number of off-street parking spaces required for each category of residential use shall be calculated in accordance with the following standards: III -25 • • 1. Single-family dwellings: 2 enclosed spaces and minimum 2 guest spaces for each dwelling unit: guest spaces may be on driveway apron. Total spaces shall be a least 1 space per 600 square feet of floor area for the first 3,600 square feet of floor area and 1 space per 1,000 square feet of floor area for the remaining residential floor area. 2. Cluster homes: 1 covered space and minimum 1.5 guest spaces for each dwelling unit. Enclosed spaces may be individual garages or in a group garage. Open guest spaces shall be grouped to a minimum of 4 spaces and shall be sunken, bermed or otherwise screened from the street or abutting residential dwellings. 3. Home occupation: 1 space for each home occupation in addition to the parking spaces otherwise required for dwelling unit. D. Nonresidential Standards and Requirements. Off-street parking facilities shall be provided for nonresidential uses, including those situated in Residential Zone Dist- ricts, in accordance with the following standards: 1. Setback requirements for parking areas: a. All parking areas or spaces shall be set back 10 feet from all property lines., b. All parking areas or parking spaces shall be set back 10 feet from exterior walls of buildings. 2. Landscaping Requirements. All parking areas must be landscaped with landscaping plans approved by the Design Review Committee. All unbroken paved areas will be limited to 10 cars. All nonresidential parking areas shall be screened from abutting residential areas or streets by berming, depressing the level, or be adequate planting. 3. Grading/Drainage. The maximum grade permitted in nonresidential parking areas is 5%. Service drives may exceed this grade. Drainage plans which include specific perimeter drainage channels to prevent col- lection of overflow from other areas must be sub- mitted and approved by the Design Review Committee. 4. The minimum number of off-street parking spaces re- quired for each category,,of nonresidential use shall be calculated in accordance with the following stand- ards: i • • a. .Restaurant: 1 space for each 200 square feet of gross floor area. b. Handball, racquetball, squash and similar courts: 2 spaces for each court. c. Swimming pools: 1 space for each 100 square feet of water surface area but in no event less than 10 spaces. d. Tennis courts: 1 space for each court. e. Recreation centers: 1 space for each 200 square feet of gross floor area. • • • • CATTLE CREEK RANCH P.U.D. P.U•D. ZONE MAP LAND USE SUMMARY Open Space District Recreational District Dwelling Units Acres % of Total PUD 194 61% *2 8 3% Residential/Single Family 93 Density .93 units/acre Residential/Cluster Housing 36 Density 3.0 units/acreDist. 60' Road R.O.W. (within P.U.D. boundary) 100 31% 12 4% 5 1% TOTAL 131 dwelling 319 acres 100% units Gross Density: 2.4 acres/dwelling unit .4 dwelling units/acre Note: Final engineering refinement of the plan at the - time of subdivision platting may result in minor variations in the above acreages. *If these units are not constructed in the Recreational Services District they may be transfered to another residential zone district.