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HomeMy WebLinkAbout6.0 Resolution 83-27BOON 619 ' STATE OF COLORADO ) Recordnrt ri (1:;()?- o'clock j�a M. ,;i �! J 3 1..i9 County of Garfield ss: Reception No. X0791�"fADRED ALS0ORF, RECOR At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Coimuissioners' Annex in Glenwood Springs, Colorado,, on Monday , the 31st day of January , A.D. 19 83 there were present: Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Ceris& Earl Rhodes Stan Broome Mildred Alsdorf , Couuuissioner Chairman , Commissioner , Commissioner , County Attorney County Manager County Clerk when the following proceedings, among others were had and done, to wit: RESOLUTION NO. 83-27. RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION OF THE CATTLE CREEK. RANCH JOINT VENTURE FOR A MODIFICATIONOF THE CATTLE CREEK PLANNED UNIT 'DEVELOPMENT, AND APPROVAL OF ITS MASTER PLAN WHEREAS, the Cattle Creek Joint Venture has filed a Petition with the Board of County Commissioners of Garfield County, Colorado, for approval of,a modification of the Cattle Creek Ranch Planned Unit Development in accordance with Section 10.0 -of the Garfield County Zoning Resolution of 1978, as amended; WHEREAS, a public hearing was held by this Board on January 10, 1983; WHEREAS, the Board has determined that County Road 113 is the primary access to the subject property,` which road in certain respects is inadequate to handle the traffic which will be generated by the proposed development. Because of this the subject application would have to be denied, except for the imposition of certain conditions intended to address this problem: .WHEREAS, .based on the evidence, testimony, exhibits, study of the master plan for the unincorporated area of the County, comments of the Garfield County Planning Department, comments of public officials and agencies, conirnents from all interested parties, 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 complete, that,' , all pertinent facts, 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 requestd 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 master plan for the unincorporated area of the County; 5. * That the'proposed land use will be compatible with the existing land uses in the nearby area; • 6. That the requested zone change amendment and plan approval meet all requirements of the zoning resolution of Garfield County, and further, that the requestedplanned unit development is suitable and appropriate for the subject pro arty concerning 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 the Garfield County Zoning Resolution; BOOK 619 .r cE4 2 7. That for the above -stated and other reasons, the proposed zone district amendment and planned unit development plan is:in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of .` the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the petitionfor the modification of the Cattle Creek Ranch Planned Unit Development Plan be approved for the following described property in the unincorporated area of Garfield County as follows: LEGAL DESCRIPTION See Exhibit HAl SECTION 1. Conditions of Approval Approval of this modification of the Cattle Creek Ranch Planned Unit Development Plan is conditioned expressly upon the following conditions: 1. The applicant, Cattle Creek Ranch Joint Venture, shall agree to the vacation of the final plat, which was approved on July 28, 1980, and the previous Planned Unit Development Zoning, which was authorized by Resolution No. 77-113, which approval shall be evidenced by a document submitted to the Board prior to the Board's signing of this Resolution. 2. That, except for the 'property described below, the balance of the applicant's property, which was included in Resolution no. 77-113, shallnow be zoned Agricultural/Residential/Rural Density. 3. The applicant shall file a petition for annexation to the Carbondale Rural Fire Protection District for the subject property. 4. That, prior to Preliminary Plat approval, the applicant shall demonstrate, to the satisfaction of the Board of County Commissioners, that it has an adequate fire protection plan to protect the cluster housing. 5. The maximum development on the subject property described in Exhibit "A" shall be one: hundred thirty-one (131) units, 6. That, prior to preliminary plat approval, the applicant shall demonstrate that it has made its best efforts to accomplish the following off-site road improvements on County Road 113, which, in any case, must be completed in accordance with Garfield County design standards, and to the satisfaction of the Garfield County Road Supervisor prior to final plat approval, or provided for by a Subdivision Improvements Agreement: a. At a point approximately 3.4 miles East of the intersection of Colorado State Highway 82 and.County Road 113, the applicant shall reconstruct County Road 113 to Garfield County road standards, which work shall consist of pre -engineering evaluation, acquisition in right-of-way, and construction. of a new section of County Road 113 for a distance of approximately one eighth (1/8) mile; b. At a point approxi',ately 3.6 miles East of the intersection of. Colorado State Highway 82 and Count Road 113, the applicant shall reconstruct the interesection of County Roads 112 and 113 so as to relocate that intersection approximately one hundred (100) feet to the East of its present location; c. At a point approximately 6.4 miles East of the intersection of Colorado State Highway 82 and County Road 113, the applicant shall install approximately six hundred (600) feet of guardrail on the South side of County Road 113; d. At a point approximately 6.4 miles East of the intersection of Colorado State Highway 82 and CounLy Road 113, the applicant shall install approximately three hundred (300) feet of binwall or Jersey barrier -type:: concrete barriers to contain rocks falling from the North side of County Road.. 113; and HOOK C19 PACE473 e. At a point approximately 7.0 miles East of the intersection of Colorado State Highway 82 and County Road 113, the applicant shall install proper signage at the intersection with County Road 100. 7. The re -construction of County Road 113 shall be accomplished in such a manner as to protect private ditches. 8. That within one (1) year from the date of sketch plan approval, the applicant shall make application for approval of its preliminary plat, except that to the extent that the applicant is making its best efforts to meet the requirements of condition no. 6 above, that time period shall be extended by the Board for a reasonable length of 'tine. SECTION II. Zone District Regulations That the Cattle Creek Ranch Planned Unit Development shall consist of the following zone districts, the boundaries of which shall be indicated upon Exhibit "B", which is attached hereto and incorporated herein by reference, which districts shall be identified as follows:. District 1 Open Space District 2 - Recreation District 3 - .Residential/Single Family District 4 -.Residential/Cluster Family That the text of the master plan for the'Planned Unit Development shall be as follows: See attached District Regulations, marked Exhibit "C" AND, FURTHER, BE IT RESOLVED that upon presentation of an amended zone .district map, which reflects the amendment herein granted to the followirg - described unincorporated.area of Garfield County, the Chairman be and -hereby., is authorized to execute an amended zone- district map to the Garfield County Zoning. Resolution, reflecting the amendment herein granted. Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ATTEST: Eugene "Jim" Drinkhouse , Nay Larry Velasq ez , Aye Fl.aven J. Cerise , Aye _49.1Apee ( Clerk of the Board STATE OF COLORADO County of Garfield ) ss. Commissioners BOARD OF COUNTY CC mISSYONE2S OF GARFIELD COUNTY, CO' .RAIDO 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 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 Commissioners. EXHI3IT "A" BOOK G19 rAc€474 LEGAL DESCRIPTION A tract of land situate in Section 8 and Section 5, Township 7 South, Range 87 West of the 6th Principal Meridian, being more particularly described as follows: Connuencing at the east quarter corner of said Section 8, said corner monumented by a rebar and cap marked L.S. 9184; thence along the east line of said Section 8, N 00° 54' 23" W 180.00 feet to the true point of beginning; thence continuing along said east line.of Section 8, N 00 54' 23" W 2449.00 feet to a point whence the northeast corner of said Section 8.bears N 00° 54' 23" W 35.27 feet said corner monumented by a rebar and cap marked L.S. 12770; thence S 89° 56' 46" W 1640.63 feet; thence N 00° 17' 48" W 702.83 feet to a point on the southerly right-of- way line of County Road #113; thence along said right-of-way line the following courses: S 87°.17'. 48" W 182.75 feet; thence 181.95 feet along the arc of a 933,37 foot radius curve to the left, having a central -angle of 11° 10 1C" and subtending a chord bearing S 81° 42' 43" W 181.67 feet thence 190.60 feet along the arc of 2497.69 foot radius curve to the right, having a central angle of 04° 22' 20" and subtending a chord.bearing. S 78° 18' 48" W 190.55 feet; thence S-80° 29' 58" W 77.70 feet; thence 219.24 feet along the arc of a 987.93 foot radius curve to the left, having a central angle of 12° 42'. 55" and subtending a chord bearing of S 74'08' 30" W-218.79 feet; thence 265.05 feet along the arc of a 2740.50 foot radius curve to the right, having a central angle of 05° 32' 29" and subtending a chord bearing S 70° 33' 117" W 264.95 feet; thence 272.47 feet along the arc of a 368.46 foot radius' curve to the right having a central angle of 42° 22' 11" and subtending.a chord bearing N 85° 29' 22" W 266.30 feet .thence N 64° 18' 17" W 19.78 feet; thence 326.83 feet along the arc of a 2411.04 foot radius curve to the.left, having a central angle of 07° 46' 00" and subtending a chord bearing N 68° 11' 17" W 326.58 feet; thence 205.54 feet along the arc of a 425.15 foot radius curve to the left, having a central angle of 27° 42' 01" and subtending a chord bearing N 85° 55' 17" W 203.55 feet; thence S 80° 13' 42" W 315,49 feet thence 307..28 feet along -the" arc of a 1263.44 foot radius curve to the left, having a central angle of 13°:56' 05" and subtending a chord.bearing 5 73° 15' 39" W 306.52 feet; thence 328.68 feet along the arc of a 277.58 foot radius curve to the left having a central angle of 67° 50' 39" and subtending a chord bearing S 32° 22' 17" W 309-.82 feet to a'point which becomes the easterly right-ofway line of said County Road #113; thence along said right-of- way line the following courses: S 01° 33' 02" E 37.31 feet; thence 510.E86 feet along the arc of a 3987.03 foot radius curve to the right, having a central angle of 07° 20' 29" and subtending a chord bearing S 02° 07' .12" 1.1 510.51 -feet; thence 137.18 feet along the arc of a 626.35 foot radius curve to the left, having a central angle of 12° 32' 54" and subtending :a chord bearing S 00° 29' 00" E 136.90 feet; thence 367.41 feet along .the arc of a. 635.14 foot radius curve to the right, having a central angle: of 33° 08' 39" and subtending a chord bearing S 09° 48' 52" W 362.31 feet; thence S 26° 23' 12" W 111.03 feet; thence 205.92 feet along the arc of a 1143.07 foot radius curve to the right, having a central angle of 10° 19' 18" and subtending a chord bearing S 31 32' 51" W 205.64 feet; thence S 36° 42' 34" W 395-.58 feet; thence 383.99 feet along the arc of a 430.00 foot -radius *curve to the left,. having a central angle of 51° 09' 58" and subtending a chord bearing S 11° 07' 35" W 371.36 feet; thence S 14° 27' 24" E 189.66 feet; thence 155.00 feet along the arc of a 746.12 foot radius curve to the right, having -a central angle of 11° 54' 10" and subtending a chord bearing S 08° 30' 19" E 154.77 feet; thence leaving said easterly r.ightof-way line S 89° 33' 43" E 542.45 feet; thence S 28° 04' 21" E 340.00 feet; thence S 60° 20' 27" E 414.23 feet; thence N 50° 21' 21" E 227.27 feet.; thence S 28° 12' 05" E 391.47 feet; thence S 86° 50' 36" E 1362.07 feet; thence S 76° 23' 58" E 637.89 feet; thence N 67° 06' 47" E 1519.18 feet Ito the true point of beginning, containing 319.2 acres more or less. BOOK 619 r }"'.. �E9:�d� 1 gatfolt BOCK 619 tr,E 4:'7 f-; .Y,1// s'/ 7" CATTLE CREEK RANCH P , U , D P,U.D, ZONE REGULATIONS Section 1. General Provisions A. Effect of Garfield County Zoning. Resolution (adopted January 2, 1979) The provisions -if 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 ao 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. 800x 619 P Section II. Definitions A. Purpose and intet, 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 inaccordance 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. 2. All words, 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, The word"shall" is mandatory and not permissive; she 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. Words used iri the present tense include the futur tense, and words,ued 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" 3 The particular or specific controls over the general. B110 619 74Gr C. Definitions. -The following words, terms and phrases shall, be defined as set forth hereinafter. 1. Abutting Land: A parcel of land which has a common property line with another parcel of land. 2. Accessory Building: A subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located on the sante lot with the main build- ing or r se . 3. Accessory Use: A use naturally and normally incidental and subordinate to, and devoted exclusively to, the main use of the premises. 4 Area Per Dwelling Unit: The amount of land in square feet within the boundaries of a lot or project divided by the total number of dwelling units in such lot or project. 5 Basement: That part of a building partially or totally underground. 6 Board or Board of County Commissioners: Boar County Commissioners of Garfield County; the c,._ n ing body of the County. 7. Borrow Site: An area used for the extraction of earthen materials such as sand, gravel or dirt which is outside the area of immediate development. 8. Building: Any permanent structure, or portion there- of, built for the shelter or enclosure of human beings, animals, chattels or property:of any kind, but exclud- ing therefrom advertising signboards and fences. 2. Building Coverage: Ratio of ground area that a build- ing covers in a lot to the total lot area, expressed as a percentage. 10. Building, Principal or Main: A building, or buildings, in which is conducted one or more of the principal permitted uses of the lot or project in which it is situated. 11. Building Line: Imaginary lines on a lot delineating the closest points from lot lines, public streets, Planning Area or project area boundi-.__ries, or other applicable perimeter lines, where any main building may be constructed. BOOK Calj PACE479 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 c. persons owning, employed in or dealing with, and responsible for security and_ maintenance of such building or the uses permitted therein. 15. ,Carport: A roofed structure, or a portion of a build ing, open on 2 or more sides, designed primarily for the parking of automobiles. 16. 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 hr)meowners and their invitees, such as recreation areas and facilitj.es, 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. BOOR G19 PAGE 480 21. Condominium: An individual air space dwelling uni;=, 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 placemen.: 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. 5. County: Garfield County, Colorado. 6. Covered Parking: Parking facilitiestwhich 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- stricti:ons.applicable to Cattle Creek Ranch and charged with responsibility for reviewing and approving land use, plans and specifications for allconstruction, 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. •Design.Review .Guide: Restrictions, rules and regula-, tions. to bedeveloped and enforced by the Design Review. Committee as criteria for the development of architec- tural style: arid. review of plans, specifications and= .details. fJOK 619 Nu 481 30. 1 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, seasonal vacation cabins and other 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 otherwise permitted. 35. Dwelling, Multiple Family: A building, or portion thereof, designed for or occupied by threeor 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-familyor multiple -family dwelling. 38. Easement: An acquired right of use, interest or privilege in land owned by another. 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 private 'garage, used for the parking of automobiles. 45. _Golf Club: A private club organized for the purposes of playing golf . and maintaining the ,Cattle Creek Ranch Golf 'Course. 46. Grade, Average Finished At the exterior wall of a structure isthe 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 simi1 use generating more than occasional andminimal vehic and pedestrian. traffic. BOox 619 P4GE S3. 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 u_ 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 selling of 5 -or more 'dogs. that 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 thefront lot:' line and rear lot line. z-� Boca 619 flcE4 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 buildingor 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 officesfor the sale of homes and temporary construction management and supervisor trailers - 61. Open Space: Public or private land and :aguatiC areas which are acquired, regulated, or managed to protect the natural environment and significant cultural re- sources; provide recreationalopportunities; 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 space uses(s)- 6 ses(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, �oxnmunity. or .open space uses, all of such lands being. , unoccupied .with unobs'� �.:cted 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, tion se either free or for remuneration (see Section XV). V30x • 619 nCiE 4go 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 thehealing arts; corporate. offices, drafting services, financial institutions,. including banks, savings and loan associations; insur- ance companies, credit unions and credit-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, typing and secretarial services; and other similar businesses and professions. 7l. 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: .Fac-ili± ties of a metropolitan district, which are .constructed,,: operated and maintained .to- provide water or sewerage service to Cattle Creek Ranch BOOK 619 AcE 4 86 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. 7°9 . Road, Private: See Section XVI, Road Standards. 80. Road .Collector: See Section XVI, Roadway Standards. Road, Primary Local Access. Street: See ':Section XVI, Roadway Standards. 82. Road,;Secondary Local Access Street: See Section XVI, Roadway Standards. 3 : Road, Cul -de -Sac: See Section XVI, Roadway Standards., 8;4. Service, Commercial: A commercial use characterized by the selling of services and intangibles directly to the consumer. 5... Setback: The length of any required ;yard measured; perpendicular to. the; lot line.. rp- .. BMX 619 FWE 4 7 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, athleticevents, 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 Homeowners 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 uppea: 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. BOOK 619 p!CL' 93. Structure, Permanent: A structurewhich 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, except for certain items as, otherwise provided in this Zone Regulations, such as landscaping, walkways and patios. 1O0 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 onthe lot nearest to the rear lot line, and the rear lot lire aonX 618 pr,A _ S 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. Section I11, 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 440 of that title, as amended, the Cattle Creek Ranch Planned Unit Development Zoning District is•further divided into the following Zone District Classifications: anoK 619 NG3E49O - Open. Space District - Recreational District - Residential/Single Family District Residential/Cluster Horsing District. 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. Bou 619 " ntE 91. Section IV. Open Space District A. Uses, By Right, Park and Greenbelt Recreational uses including golf course, tennis courts, pedestrian/bike paths, basil fields, skeet shooting and other recreational.faciiities. 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 P. Minimum Setback, From dedicated public right -of --way . . . 20 feet From other property lines. 5 feet Maximum Building Height. 30 feet measured at the verticle to the grade at the center of the building, j qx 619 ?,i-.:4912 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 sho7). 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. Minimurri Lot -Area. 13,'000 sq. 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. MA 619 Section VI. Residential/Single Family District A. Uses, By Right: Single family dwelling and customary accessory uses including buildings for shelter c.;r enclosure of property accessory to the use of the lot for single family residential purposes and fences, hedges, gardens, wall and similar landscape featurs. 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 . Maximum Building Height: 25_feet measured at the verticle to the grade at the center of the building. Bnqx 619 Pt,c,1:494 Section VII. Residential/Cluster Housing District A. Uses, By Right. Single family, two iamily 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: • 3,200 sq. ft. for detached zero lot line single family dwellings. • 8,000 sq ft. for detached -single family and two family dwellings. 4, 10,000 sq, ft, for, threefamily dwellings 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 • 80b, 5C)rlY.. 61 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 :he curb line and the lot line. Side yard - 10 feet. Rear yard - 10 feet. 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. . 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. 11-20 {OT 619 .itE496 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. Section IX. Supplemental Land Use Provisions BOOK 619 -r!GE4 Yom' 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. • Setbacks. The following yard requirements observed in all zone districts: shall be 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_Iots on residential lots bordered on two contiguous sidesby 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. • Attached single family dwellings forpurposes 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. I1.1--22 Briflx 619 rrF_4 8 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. III --23 Section X Off -Street Parking boa 619 PzcE )9 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. 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 joint uses of parking facilities 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. All parking spaces, driveways and maneuvering areas shall be paved with all weather gravel, asphaltic or concrete surfacing and shall be maintained. A11 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. 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 bfJOX €19 0,CE50 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. 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: _1 Wherever the use of any lot or project is changed, enlarged, expanded or intensified from 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. .2. Parking facilities shall not be used for the sale, repair, dismantling or service of any vehicles, equip- ment, materials` or supplies, nor for the storage of such equipment, materials or supplies. :3. Parking lot pavement standards will require a minimum of 2inchesof asphaltic pavement and 6 inches of base course with final construction standards based on site specific soil investigation. 14. Each:requized off-street parking space shall have a minimum uncbstructed area of, 9 feet in width, 20 -feet in length. 15. Off-street parking spaces -located parallel to and abutting an aisle may reduced to 8 feet in width. Residential, Requirements. The minimum number of off-street parkingspaces required for each category of residential use shall be calculated in accordance with the following standards: III.. -25` BOOK 619 ;'ALE501 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. Al parking areas or parking spaces shall be set back 10 feet from exterior walls of buildings. . Landscaping Requirements All parking areas must be landscaped with landscaping plans approvedby 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. • 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. • 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: III -26 unK 619 ? CE5O2 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. Recreation centers: 1 space for each 200 square feet of gross floor area. III 7 5tiox 619 l'4CE 5O3 CATTLE CREEKRANCH P,UID. P , U, DZONE MAP LAND USE SUMMARY Dwelling Units Acres % of Total PUD Open Space District -- 194 61% Recreational District *2 8 3% Residential/Sin9.1e Family 93 100 31% Density .93 units/acre Residential/Cluster Housing 36 12 4% Density -3.0 units/acrest. 60' Road R.O.W. (within P.U.D.boundary) 5 to TOTAh 131 dwelling 319 acres 100%; units Gross Density: 2.4 acres/dwelling unit 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.