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HomeMy WebLinkAbout3.0 Resolution 83-27• • STATE OF COLORADO ss. County of Garfield Record,' nt O $ o'clock M. ,. Reception No. 337979?",l J?"_ At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Annex in Glenwood Springs, Colorado, on Monday , the 31st day of January , A.D. 19 83 , there were present: Eugene "Jim" Drinkhouse , Commissioner Chairman Larry Velasquez , Commissioner Flaven J. Cerise , Commissioner Earl Rhodes , County Attorney Stan Broome , County Manager Mildred Alsdorf , 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 MODIFICATION OF THE CATTLE CREEK PLANK 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 prim:lry access to the subject property, which road in certain respects is inadequat 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, comments 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 requested planned unit development is suitable and appropriate for the subject property concerning the location, condition and circumstances of said property, and that the proposed amendment implements the purposes and meets they standards and requirements of the planned unit development provisions of the Garfield County Zoning Resolution; 3 • • BOOK 619 PTrE-1'i :? 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 petition for 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 "A" SECTION I. 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, shall now 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 approximately 3.6 miles East of the intersection of Colorado State Highway 82 and County 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 County 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 • • BOOK 619 P ,,E'4 3 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 time. 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 following 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 Larry Velasquez Flaven J. Cerise , Nay , Aye , Aye JA a -P44 Clerk of the Boar STATE OF COLORADO County of Garfield ss. Commissioners BOARD OF COUNTY CO M'IISS OF GARFIELD COUNTY, CO 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. EXHIBIT "A" 600K 619 r cE 4'i ,1 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: Commencing 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" I 1 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' 10" 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' 17" 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 S 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 510.86 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" W 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" l•1 362.31 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 rightof-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 1519.1,: feet to,the true point of beginning, containing 319.2 acres more or less.