HomeMy WebLinkAbout6.0 Resolution 99-100/ ttw+lu;lll,llut ffiu urlr f {tturlrur1 of 5 R O.Oo D O.oO GRRFIELD COUNTY CO -- '
STATE OF COLORADO
COLTNTY OF GARFIELD
At a regular meeting ofthe Board of County Commissioners for Garfield County, Colorado,
held at the Courthouse in Glenwood Springs on the 4th day of october , Iggg,there werepresent:
, Commissioner/Chairman
Larr,v McCown , Commissioner
, Commissioner
Don DeFord , County Attomey
Mildred Alsdorf , crerk to the Board
Ed Green , County Administrator
The following proceedings, among others, were had and done, to-wit:
RESOLUTION NO. 99- 1 O O
A RESOLUTION CONCERNING APPROVAL OF THE CORYELL RANCH PLANNED UNITDEVELOPMENT ZONE TEXT AND PUD DEVELOPMENT PLAN
WHEREAS, the Coryell Ranch Company, LLC has filed an Application with the Board of
County Commissioners of Garfield County, Colorado, for approval of boryell Ranch planned Unit
Developmentzone Text and planned unit Development plan;
WHEREAS, The Garfield County Planning Commission held a public meeting on July 2g,
7999, upon the question whether the above described PUD should te granted or denied and
recommended approval of the Application under certain condition; and
WIIEREAS, the Board held a public hearing on September 14, 1999 upon the question of
whether the above described PUD should be granted or dinied, at which hearing the public and
interested persons were given the opportunity to express their opinions regarding the approval of said
PUD; and
WI{EREAS, the Board on the basis of substantial competent evidence produced
aforementioned hearing has made the following determinations of fact as listed below:
I ' The proper publication and public notice was provided as required by law for the
hearing before the Board of Courty Commissioners.
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2.The hearing before the Board of County Commissioners was extensive and complete,
that all pertinent fact, matters and issues were submitted and that all interested parties
were heard at that hearing.
The application is in compliance with the Garfield County ZonngResolution of
1978, as amended
For the above stated and other reasons, the proposed use, upon compliance with all
conditions of approval, will be in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield co*ty.
and; WFIEREAS the Board has made the following determination of findings as listed
below:
1.The applicants application was filed with
County on April 15, 1999 and referred to
t999.
the Planning Department of Garfield
the Planning Commission on May 17,
The Garfield County Planning Commission reviewed the application and
recommended approval of the application under certain conditions onluty 28,lggg.
3.
4.
2.
3' The Board of County Commissioners established a date for public hearing on the
application for PUD, which commenced on september 14,lig9, atg:00 a.m..
4. Pursuant to evidence produced at the public hearing on this application, the Board
finds:
a.The property owners adjacent to the property that is the subject of this
Application received notification of the date, time and location of the above-
referenced public hearing by certified mail, sent at least fifteen (15) days
prior to the commencement of the hearing;
Mtification of the public hearing was published in a newspaper of general
circulation at least thirty (30) days prior to the commence*.nt orth. hiaring;
The substance of the mailed and published notification substantially informed
interested parties of the subject matter and location of the requested
modification to existing zoning and pUD plan;
The Board of county commissioners has jurisdiction to conduct the public
hearing on the Application and render a decision thereon.
b.
c.
d.
F)
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5.
6.
7.
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10.
e' The requested PUD does not affect in a substantially adverse manner either
the enjoyment of land abutting upon or across a street from the pUD, or the
public interest, and are not granted solely to confer a special benefit upon any
person.
The PUD as conditioned herein and in accordance with $4.04 ofthe Garfield Counry
zonngResolution of 1978, as amended, and $24-67-105(1), c.R.s., as amended, is
in general conformity with the Garfield cowrty comprehensive plan.
Pursuant to $4.07.01 of the Garfield County ZonngResolution of 1978, as amended,
the Board of County Commissioners herein find that subject to strict compliance withthe conditions set forth herein, the Planned Unit Development will meet the
standards and requirements of $4.00, et seg. of that zoningResolution.
The overall density of the development under the terms and conditions set forth
herein and pursuant to the provisions of $4.07.06 of the Garfield County Zoning
Resolution of 1978, as amended, will be no greater than four (4) dwelling units per
acre.
Subject to the conditions set forth below all uses by right, conditional uses, minimum
lot areas, minimum lot coverage, minimum serbacks, maximum height of buildings
and all other use and occupancy restrictions applicable to this PUD are hereby
approved by the Board of County Commissioners as set forth in the zone text
attached hereto and incorporated herein as Exhibit A.
The PUD, subject to the conditions set forth herein, will be designed with the
consideration of the natural environment of the site and surroundin g-area, and will
not unreasonably destroy or displace wildlife, natural vegetation or *iqr. features
of the site.
Subject to the provisions of $4.08.06 of the Garfield County ZontngResolution of
1978, as amended, the Board of County Commissioners find that no portion of the
fUD conditionally approved herein may be occupied until appropriate final plats
have been approved by this Board.
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NOW, TTIEREFORE, BE IT RESOLVED bY
Garfield County, Colorado, that the Coryell Ranch pUD
with all of the following specific conditions:
the Board of County Commissioners of
is hereby approved subject to compliance
l ' All representations made by the Applicant at the Public Hearing and in theApplication shallbe considered conditions of approval, unless speciied otherwise
by the Board including, but not limited to, the foilowing items tistea below.
2. That the development shall not occur in stages.
3' That the access road to the storage tank adhere to the revegetation and geotechnical
plans ( crl- Thompson report 29 Jarutary rggg) as submitted.
4' The maximum height of structures within the Coryell Ranch portion of the pUD islimited to thirty two (32) feet.
5' The maximum height of structures within the Midland point portion of the pUD islimited to twenty five (25) feet.
6' The construction of all community facilities shall be undertaken in a single phase.
7. The PUD shall contain no fractional time ownership of any dwelling unit.
8' The PUD Plan as indicated as Exhibit 16, shall not be altered without County
approval and full amendment review.
9' The maximum number of dwelling units within the PUD shall be seventy two (72)
with sixty five (65) free market and seven (7) aftordable units.
10' No commercial uses, other than those defined as Home Occupation, shall bepermissive uses within the pUD.
11' The PUD Plan as indicated as Exhibit 16 shall prohibit, to the most reasonable
extent, any access, either public or private to the islands identified north of Lots l,
2 and3.
The PUD Plan shall prohibit non-maintenance oriented access to the water tower
access road south of County Road 109.
Theapplicant shall provide a more detailed single phase construction schedule, and
shall file the final plats for both portions of theruLdiririo, simultaneously.
12.
13.
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The applicant shall adhere to the requirements and recofilmendation of theEngineering Report prepared by Schmueser Gordon Meyer, March 1999 as submitted
in the application for the development of the preliminary plan.
The development and construction shall follow Best Management practices and shallminimize to the extent possible, potential impacts to county Road 109 and to
adj oining property owners.
The maintenance of open space, including public access areas, but excluding the
Conservation Easement, shall be the responsibility of the Midland point and Co"ryell
Ranch Homeowners Association.
The applicant shall compensate the County for retention of an independent
geotechnical engineer to review and monitor all debris flow mitigation ireasure
installations and all improvements affecting County Road 109 as identified in theCTL Thompson letter dated 3 March 1999 and as identified on the Master Drainage
Plan.
The applicant shall place signage along the fisherman's easement north of the Lot 9
and the private open space, prohibiting open fires.
Dated this 4th
following ryotei
made and seconded the foregoing Resolution was adopted by the
John Marin
Larry McCown
Walt Stowe
14.
15.
16.
17.
18.
.elle
aye
aye
of october 1999.
BOARD COMMISSIONERS
, COLORADO
red Alsdorf
:
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I, Mildred Alsdorf, County Clerk and Ex Officio Clerk to the Board of CountyCommissioners in and for the County and State aforesaid do hereby certifu that the annexed andforegoing Resolution is truly copied from the records of the proceeding, of th. Board of countycommissioners for said Garfield county, now in my office.
IN MTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,at Glenwood Springs this _ day of _, A.D.1996.
Mildred Alsdorf
County Clerk and
Ex Officio Clerk of the
Board of County Commissioners