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HomeMy WebLinkAbout3.0 Resolution 82-176STATE OF COLORADO County of Garfield l" nt a ""'f'98'l*1gf"."..'...... ...nteeting of-the tsoard of County Commissioners for Garfield county, Colorado, ........,.,........:1..!l.l:J...........,........r.A. D. 19...9.*...... , rhere were present:Flaven Cerise .....'...$*fifi*ffi[;.}:::::: : :: : ::Iffi:rchairman I- e en.ri a- : : g i-4 :i A* -e ; : -D-..-p-H-q i: :.. . ; :ffi ';ilT"J. when the following proceedings, among others were had and done, to_\rdt: RESOLUTION NO. B2-L76 RESOLUTION C0NCLIU'I}JI }{IT}I TI-m MPR0VAI 0F A Z0NE DISTRICT AIVENDIIENT T0 TIIE GAITFIELD COIJNITY ZONING RESOLUTION .AND PLAM'IED LINIT DEVELOR,{LNT FOR MITCHETL CREEK. WHEREAS, llarold Denton, on behalf of Ir{itchell Creek Ltd., a limitedpartnershlP, has filed a petition with the Boarcl of County Commissiopers ofGarfield Qynty to rezone the herein de,:_cribed property in Gartield County f:om comme rc i al /Li mi t ed /Re s i. dent i al /Limi ted /urban iteirs i ty andResidential/Limited/Suburban Density to a Planned Uni.t Development zonedistrict and to approve a planned unit development plan for ltittchett Creekplanned unit development; and wrmRrAs, a public hearing was held by this Board on Apri r Lz, 19g2; WHEREAS, based on the evidence, testimony, exhibits, study of themaster plan for the unincorporated area of the Couniy, commenls of tire CarfietaF*ty, Planning Department, corrfienats of public officiars "na--"!"n.i"r, conunentsfrom a1r interested parties, thi"s Board iinds as follols: 1' Thlt Pr-cPer put,lication of the public notice is proviried asrequired by law for the trearing before the Boird; and that all pertinent interested parties 2. That the hearing before the tsoard was extensive and complete,facts, matters, and issues were submittcd and that-aiiwere heard at that hearing; 3' That the C,arfield bunty Ptanning Commission has recommended tothis Board that the-requested rezoning be granled, provid.a itai certainconditions be complied with; 4. That the proposed zoning is in general recommendations set forth in the llaster plan for theCbunty; 5' That the proposed land use will be compatible witii the existingland uses in the nearby area; 6' Ttlat in addition to- the foregoing particulars, the requested zonechangg amendment.and plan approval are in ["r,"i"i confornriii ,iiir, the masterplan for Garfield-county, colorado, and *"6t alr reqrirements of the zoning- compliance with the unincorporated area of the ::::+::::_"f e..li"l9 aT.r, and further that the requested planned unitg:::l:ry'n: ::. :yl]r!l: anri. appropriri" io.-tr," iiit:".i-p;;;;.i;;rl"Hire,r." l:::ji:::::*111:l-ci,rcumstanl"s'of .said p.op".iy,';il ih;i-ir,l p.opor"arrvl/vJvu |T:"1T:::^1.11:T"11.: lh: purposes.and nreeti tire-stind""ar una-i"qui.r"ments orYqr ^vI*^?::T* unit developmLnt- provisions of the carrield ouniy ioningResolution; wriEREAS, the Board has detennined that the orderly clevelopment ofGarfield County .lgquires that progress be natle tcwarri development and occqpancyof the proposed }litchell. creek plinnc;d unit cieveloprnent, and that such progress T:{ !: assured.through the requirerrrent that a finai plai for at least 50? oftiic Sriri3,ie-iiiruilv resicir:ntiai iot.s-within tlre pIanned unit developrrent sha1lreceive final lPProual of the Tloarc of County ii:llunissioners u,ithin 12 months ofthe adoption of this resoiulion; NOW, TFtrREI'-0RII, BE IT RESOLVED by the Board of County Commissionersof Garfield County, Colorado: Section 1. That the petition of Flarold Denton on behalf of the Mitchell Creek Ltd. for a zone change.from Comrnercial/Limited, Residential/Limited/Urban Density andResidential/Limited/suburban Density to a planned unit development district for the following descrj.bed unincorporated area of Carfield County be approved,subject to the conditions, as follows: 1. Tlut the southerly access off 130 Road have some provision for an intermediary turn arourd ; 2. That the county receive a detailed 100 year Creek at preliminary plat;flood plain study of Mitchell 3. That the existing and potential debris with mitigation measures at preliminary flow problems be addressed in detailplat; central sewer to lots 23 through 5- That the applicant demonstrate availability of urater by a qualified waterattorney or engineer by preliminary plat; 6. That lots 23 through 29 be redesigned so that each site is at least I acreand is not split by the access road; 7. That the park site contain active recreation equipment; 8. That all disturbed vegetation be restabilized with natiye or appropriateplant naterials; 9. that the road servicing lots 1-22 not exceed 4% grade within 100' of theintersection with Road 13C. 10. That the applicant make reasonable efforts to protect the ditch to thesatisfaction of the ditch company. 11. That the access for the lots on 130 Road and the northerly access off 132Road, meet county standards. 12. That the final plat for at least 50% of the single-fanily residential lotswithin lhe planned unit development shall be submitted in adequate time toassure final approval by this Board within 12 months of the approval ofthis resolution, in default of which the Board of Gunty Gmmissioners may,after establishment of such default at a public hearing of which applicant'or its successor and interested parties shall be given such notice- is isthen required for amendments to the Garfield County Zoning Resolution, order that the zone district maps of the C.arfield County Zoning Resolution be amended to desiglate the above-described lands as Commercial/Limited, Res identi al /Limi ted/Urban Dens i ty, and Res ident ia1 /Limi ted /SuburbanDensity, as such zone districts existed prior to the planned unitdevelopment zone district amendment Section 2. That -the planned unit development sha1l consist of one zone district, theboundaries of r,rhich sha11 be indicated upon the final plat or plats of theI'litcheLl Creek PUD, the planned unit development,.which distritts sha11 bedesigned as follows: Sirrgle-family dr+elling zone district Section 3. That the uses affecting the Single fanily permitted within sai<i districts, together with the reguiations usage of the lands contai.ned therein, shall be as foliows: drclling zone district: 4. That consideration be given to providing 29; .., .' '* 1. Uses by right: Single fanrily dwelling and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, waIls and similar landscaping features; park. 2, Uses, conditional: none 3. Uses, special: none 4. Minimum Lot Area: as shouni on f inal plat and not less than 7,500 sqr-rare feet. 5. Minimun Setback: as shown on final plat and designated by building envelopes. 6. Maximum Fbight of Buildings: 20 feet 7. Maximum Iot Coverage: as indicated on the final plat within the building envelopes. 8. l'laximum Floor Area Ratio: .35/L.0 and as provided under supplementary regulations. 9. Additional Requirements: A11 uses slnll be subject to any and all of the provisions covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions andrestrictions by the recording of any supplemental declarations. Supplemental Regulat ions. A1l uses shall be subject to the provisions under section 5.00, Supplementary Regulations, of the January 2, 1979 Garfiel.d County Zoning Resolution, as amended to April 12, 1982. Definitions 1. Uses, by right: A use allor,red in a particular zone district with no conditions or approval required other than the general terms of this application. 2. Uses, conditional: A use allowed in a particular zone district thatfulfills all of the provisions, covenants, conditions and restrictions contained in this application or any additional requirements or covenants recorded by any supplemental declarations. 3. Uses, special: Uses allowed by permit on1y. 4. Minimum Lot Area: Tlte total land area within the boundaries of a lot. 5. Minimum Setback: The minimum dimension of a required yard. 6. Building Fbight: Measured vertically from the average natural finished grade line imrnediately adjoining the foundation to the average roof height. 7. _Lot Coverage: The portion of a 1ot or tract which is covered or occupied by buildings, structures, parking and drives. 8. Building Envelopes: Building envelopes are areas which define the sittingof residential homes and accessory structures such as garages or sheds. A11 such structures sha11 be confined to designated building envelopes. Section 4. That, upon the Board's detennination that the foregoing conditions have beensatisfied or agreed to by the applicant, the chainnan be and hereby is authorized to execute an amended zone district map to the Garfield County Zoning Resolution, reflecting the amenclnient herein granted to the following described unincorporated area of Garfield County: t' TMCT II A tract of lard located in the SW7/4 SlVl/4 and the Nl'ri1/4 SW1/4 of Section 34, Toumship 5 South, Range 89 l'Jest of the Sixth Principal lt{eridian more particularly described as follows: BDGINNING at a point raith an iron pipe with cap L.S. no. 12770 from ruhence the SW corner of said Secti.on 34 bears S.88 35 | 17"1ll. 1315.989 feet; TI'IINCE S.89 47r 321t}l. 339.81 feet along an existing fence line to a point on the east bank of Mitchell Creek being point no. 48; THEIIICE along the easterly bank of Mitchell Creek the following bearings and distances: N.40 10r 24tN. 98.31 feet to point no. 47; N.54 43t24t1:{. I19.78 feet to point no. 46; N.66 58r19"W. 65.05 feet to point no. 45; N.20 2t 39"t{. L07,7L feet to point no. 44; N.44 55r39"1{. 108.71 feet to point no. 43; N.72 49t 59'W. 72.64 feet to point no. 42; N.62 l0'54"1V. 57.11 feet to point no. 41; N.40 00r00r'l{. 225.00 feet; N.13 00r32rh. 249.6L feet to pcint no. 37; N.18 12t27"8. 108.45 feet to point no. 36; N.Ll 43'43"i{. 74,45 feet to point no. 35; N.16 09r57"E. 65.68 feet to point no. 34; N.09 25'53'1/. 47.44 feet to point no. 33; N.zZ 32r07"E. 172.7L feet to point no. 32; N.36 44r57r'E. 101.55 feet to point no. 31; N.14 4Bf57r'E. 130.75 feet to point no. 30; N.18 01'17"E. 144.29 feet to point no. 29; N.63 44t57"8. 115.45 feet to point no. 28; N.18 29r17r'E. 20L.75 feet to point no. 27; N.03 55r03rry. 165.?7 feet to point no. 26; N.05 01'47"E. 133.95 feet to point no. 25; N.04 38t47ttB.86.31 feet to point no. 24; N.13 02'23"8. 161.08 feet to point no. 23; N.23 03115r'E. 121.50 feet to point no. 22; N.03 15r15"E. 58.55 feet to point no. 21; N.22 35r35r'E. 59.62 feet to a point on the north line of the N'l{1/4 St/I/4 of said section 34; THLNCE N.89 45r35"8. 4?9.26 feet alotrg the said north line to a point being no. 50 on the east line of theWL/Z SW1/4 of said Section 34; TIIENCE S.01 08r57"E. 2609.98 feet along the east line of the lrll/2 SW1/4 of said Section 54 to the POINT 0F BEGINNING containing 42.08 acres, more or Iess. BOARD OF COUNTY CO}'fiiISSIONERS Commissioners STATE OF COLORADO County of Garfield f" I, .................. ,...., County Clerk and ex-officio Clerk of the Board of County Comrnissioners in and for the County and State aforesaid do hereby certiiy th3t the a:rncxed and fcrcgoi:rg Ordcr is truly copicd frcm the Records of the Proceedings of the Board of County Comrnissioners 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.