HomeMy WebLinkAbout1.12 Resolution 98-11EXHIBIT 13
Resolution No. 98-11
Aspen Equestrian Estates 1 Equestrian Lot
PUD mendrneni & ' ezoning ' pp !cation
STATE OF COLORADO
)ss.
COUNTY OF GARFIELD
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At a revlar meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Courthouse in Glenwood Springs, on Monday, the 2nd of March, 1998, there were
present:
Marian 1. Smith , Commissioner Chairman
John Matin Commissioner
Larry McCown , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
when the following proceedings, among others, were had and done, to -wit:
RESOLUTION NUMBER 9 8-1 1
RESOLUTION CONCERNED WITH THE APPROVAL OF MODIFICATIONS TO THE
PLANNED UNIT DEVELOPMENT REZONING PLAN FOR PRESHANA FARMS PUD.
WHEREAS, Henry & Lana Trettin and Bruce Ross have filed an application with the Board
of County Commissioners of Garfield County, Colorado, for approval of modifications to the
Preshana Farms PUD zone text and PUD development plan.
WHEREAS, the Board of County Commissioners has now considered that application.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the evidence, sworn
testimony, exhibits, study of the comprehensive plan for the unincorporated areas of Garfield County,
comments from the Garfield County Planning Department, the Garfield County Planning Corrunission,
and comments from all interested parties, this Board enters the following findings and conclusions:
1] That the public hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at the hearing.
2] That all applicable regulations regarding a Zone District Amendment have been complied with
including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of
1978, as amended.
31 That the Planning Commission conducted a public meeting and recommended approval of
modifications, subject to certain conditions.
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4] That the Planned Unit Development is in general conformity with the 1995 Garfield County
Comprehensive Plan for Study Area 1, as amended.
5] That the Planned Unit Development is consistent with Section 4.02 (Purposes and
Objectives), 4.06 (Internal Compatibility) and Section 4.07 (Standards and Requirements) as
contained in Section 4.00 inclusive, of the Garfield County Zoning Resolution of 1978, as
amended, and will implement the purposes of Section 4.07 01.
6] That, pursuant to Section 4.08.04, the uses by right, conditional uses, minimum lot area,
maximum lot coverage, minimum setbacks, maximum height of buildings, and all other use
and occupancy restrictions applicable to this Planned Unit Development shall be those which
are approved by the Garfield County Commissioners, as contained herein
7] In accordance with the provisions of Section 24-67-104, C.R.S., and Section 4.12.03(2) of
the Garfield County Zoning Resolution of 1978, as amended, the Board finds that the
modifications are consistent with the efficient development and preservation of the entire
PUD and do 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 is not granted solely
to confer a special benefit upon any person.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the modifications to the Preshana Farms Planned Unit Development
zone text and development plan, as the property is further described in Exhibit R attached hereto, be
and hereby is authorized permitting the development of the above-described land consistent with the
zone text modifications and development plan as proposed, with the following conditions and
additional modifications:
That the application shall conform to all current Planned Unit Development requirements and
subdivision requirements concerning limitations on dogs and "Aspen Glen" wood stove
regulations.
2. That there shall be no more than 50 single family dwelling units which shall be allocated in the
following manner:
47 single family residential units within the single family residential districts;
3 employee housing units within the equestrian district.
A fully -executed contract from a wastewater facility district or owner to provide wastewater
treatment serving Preshana Farms PUD, shall be finalized no later than one (1) year from the
date of conditional approval of the PUD modifications (February 9, 1998). Such contract
shall provide a mechanism which the residents of the Preshana Farms PUD will participate in
the operation of the wastewater facility.
4. Although Section 4.09.01 of the Garfield County Zoning Resolution requires commencement
of development within one (1) year of approval, the Board acknowledges that the provision
for wastewater treatment service will likely require a waiver of this standard. Therefore, a
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That the Planned Unit Development is in general conformity with the 19.c.15 Garfield County
Comprehensive Plan for Study Area I, as amended.
5] That the Planned Unit Development is consistent with Section 4_02 (Purposes and
Objectives), 4.06 (Internal Compatibility) and Section 4.07 (Standards :and Requirements) as
contained in Section 4.00 inclusive, of the Garfield County I_.oniri Resolution os 1978, as
amended, and will implement the purposes of Section 4 07.01.
6] That, pursuant to Section 4.08.04, the uses by right, conditional uses, mininnim lot area,
maximum lot coverage, minimum setbacks, maximum height of buildings, and all other use
and occupancy restrictions applicable to this Planned Unit Development shall be those: which
are approved by the Garfield County Comrnissioners, as' contained herein.
71 In accordance with the provisions of Section 24-67-104, C.R.S„ and Section 4.12.03(2) of
the Garfield county Zoning Resolution of 1978. as amended, the Board finds that the
modifications are consistent with the efficient development and preservation of the entire
PUD and do not affect, in a substantially adverse manner. either the enjoyment of land
abutting upon or across a street from the PLD, or the public. interest, and is not granted solely
to confer a special benefit upon any person.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the modifications to the Preshana Farms Planned Unit Development
zone text and development plan, as the property is further described in Exhibit P attached hereto, he
and hereby is authorized permitting the development of the above-described land consistent with the
zone text modifications and development plan as proposed, with the following conditions and
additional modifications:
1. That the application shall conform to all current Planned Unit Development requirements and
subdivision requirements concerning limitations on dogs and "Aspen Glen'' wood stove
regulations.
2. That there shall be no more than 50 single family dwelling units which shall be allocated in the
following mariner:
47 single family residential units within the single family residential districts,
3 employee housing units within the equestrian district.
3. A fully -executed contract from a wastewater facility district or owner to provide wastewater
treatment serving Preshana Farms PUD, shall be finalized no later than one (1) year from the
date of conditional approval of the PUD modifications (February 9, 1998). Such contract
shall provide a mechanism which the residents of the Preshana Farms PUD will pai-ticipate in
the operation of the wastewater facility.
4. Although Section 4.09,01 of the Garfield County Zoning Resolution requires commencement
of development within one (1) year of approval, the Board acknowledges that the provision
for wastewater treatment service will likely require a waiver of this standard Therefore, a
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subdivision preliminary plan must be submitted no later than 18 months from the date of
approval of the PUD modifications (February 9, 1998).
5. If no such preliminary plan application is submitted, within the 18 month time period, the
Board of County Commissioners shall hold a public hearing to determine the status of the
PUD modifications and may, at that time, rescind its approval of the modifications, as well
as the entire Preshana Farm PUD, consistent with Section 4.09.02 of the PUD regulations.
All costs of said hearing shall be borne by the applicants
No specific phasing plan has been developed and contained within the application. Pursuant
to approval conditions 4 and 5 above, securing wastewater treatment services shall constitute
Phase I of the development. The subdivision lots and installation of infrastructure shall be
platted, in a single phase, as Phase II of the development.
That the following changes shall be made to the proposed, modified zone districts:
O.S. - Open Space District
Golf course and golf course driving range shall be allowed as special uses.
�.C. - Equestrian Center District
Delete provision for single family dwelling, two-family and multi -family dwellings and replace
with employee housing units either attached or detached; delete provision for day nursery;
indoor and outdoor golf driving range and clubhouse, etc. shall be allowed as special uses;
delete allowances for athletic facilities and tennis courts.
8. That all zoning districts and uses allowed within the individual zone districts of the original
Preshana Farms PUD are hereby repealed and replaced with the modifications contained
within the present application, and as attached as Exhibit A, with the modifications noted
herein.
9. That the following sign types and specifications shall be allowed within the PUD
Open Space District: One (1) subdivision identification not to exceed 100 square feet;
R10 District; One (1) subdivision identification not to exceed 50 square feet; one (I) real
estate sign not to exceed 50 square feet. The Garfield County Zoning Resolution shall control
in all other instances.
10. The provisions of the Zone District Regulations shall prevail and govern the development of
Preshana Farms PUD provided; however, where the provisions of Preshana Farms PUD Zone
District Regulations do not clearly address a specific subject, the ordinances, resolutions or
regulations of Garfield County shall prevail. Definitions established herein shall take
precedence over definitions established by the Zoning Resolution of Garfield County, adopted
January 2, 1979 and as amended, whenever these regulations are applicable to the Preshana
Farms PUD.
11. That Basalt Water Conservancy District contracts for adequate water rights and supply must
be in place at time of preliminary plan application.
Dated this Rrr3 day of _march
ATTEST:
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Cle k of the Board
, A.D. 19 a.
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
Commissioner Chairman Smith Ayo
Commissioner Larry_ McCown Aye
Commissioner John Martin Nay
STATE OF COLORADO )
)ss
County of Garfield )
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 Resolution is truly copied from the Records of the Proceeding 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
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PRESHANA FARM PLANNED UNIT DEVELOPMENT
P. U. D. ZONE DISTRICT DESCRIPTIONS
and
VARIANCE FROM SUBDIVISION REGULATIONS
JULY 28, 1997
I. ZONE DISTRICTS
A. ZONE DISTRICTS LISTED
To carry out the purposes and provision of the Garfield County Zoning
Resolution of 1978, Garfield County, Colorado, as amended, the Preshana Farm
Planned Unit Development Zone District is further divided into the following zone
district classifications:
- o.s.
- E.C.
- R20-S.F.R.
- R10-S.F.R
Open Space District
Equestrian Center District
R20 - Single Family Residential District
R10 - Single Family Residential District
B. O.S. OPEN SPACE DISTRICT
1. Uses By Right:
a. Open Space and Greenbelt
b. Park
c. Water Storage Tank
d. Golf Course
e. Golf Driving Range
f. Pasturing of livestock including structures providing shelter for
livestock and livestock feed when the footprint of the structure is
600 square feet or less.
g. Public Equestrian Event attended by less than 300 people/day.
2. Uses, Conditional
NONE
3. Uses, Special
Public Equestrian Event attended by more than 300 peopf/day.
4. Minimum Lot Area
1
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43,560 Square Feet ( 1 acre )
5. Maximum Lot Coverage
a. Buildings: 5 per cent of net developable land
b. All impervious materials: 10 per cent of net developable land
c. And as further restricted by Supplemental Regulations.
6. Maximum Floor Area
NONE
7. Minimum Setbacks
a. Front Yard
b. Rear Yard
c. Side yard
8. Maximum Building Height
16 feet
50 feet
35 feet
35 feet
C. EC. Equestrian Center DISTRICT
1. Uses By Right:
a. Riding Stable, Equestrian Arena and Tack Shop
b. Agricultural, including farm, ranch, garden, greenhouse, plant
nursery, orchard, and customary accessory uses including
buildings for the enclosure of animals or property employed in any
of the above uses and retail establishment for the sale of goods
processed from raw materials produced on the lot.
c. Single family dwelling
d. Two family and multi -family dwellings for persons employed on the
premise
e. Veterinary Clinic
f. Day nursery
g. Park and open Space
h. Public Equestrian Event attended by Tess than 300 people
1. Indoor and Outdoor Golf Driving Range
j. Golf Course with associated clubhouse including customary
accessory uses including pro -shop, retail food and beverage
service, athletic facilities and tennis courts.
2. Uses, Conditional:
NONE
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3. Uses, Special:
a. Home Occupation
b. Public Equestrian Event attended by more than 300 peopl/day.
c. Athletic Club with indoor and outdoor facilities
d. Miniture Golf
e. Indoor Commercial Recreation
4. Minimum Lot Area
43,560 Square Feet (1 acre )
5. Maximum Lot Coverage
30 percent
6. Minimum Setback
a. Front Yard
35 feet
b. Rear Yard
25 feet
c. Side Yard
25 feet
7. Maximum Building Height
30 feet
D. R20/S.F.R. R20/SINGLE FAMILY RESIDENTIAL DISTRICT
1. Uses By Right:
a. Single family and customary accessory uses including building for
shelter or enclosure of animals or property accessory to use of the
lot for residential purposes and fences, hedges, gardens, walls and
similar landscape features.
b. Park and Open Space
2. Uses, Conditional
NONE
3. Uses, Special:
a. Day Nursery (maximum of 6 nonresident children)
b. Home Occupation
4. Minimum Lot Area
20,000 square feet
3
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5. Maximum Lot Coverage
40 percent
6. Minimum Setbacks
Front Yard: 25 feet
Rear Yard: 25 feet except as depicted on the final plat
(Note: Lots 11, 12 & 13 to have 60 foot rear yard setback)
Side Yard: 20 feet
7. Maximum Building Height
25 feet
8. - Maximum Floor Area
0.40/1.0 and as further provided under Supplemental Regulations
9. Minimum Off -Street Parking
Parking Spaces 6
D. R10/S.F.R. R10/SINGLE FAMILY RESIDENTIAL DISTRICT
1. Uses By Right:
a. Single family and customary accessory uses including building for
shelter or enclosure of animals or property accessory to use of the
lot for residential purposes and fences, hedges, gardens, walls and
similar landscape features_
b. Park and Open Space
2. Uses, Conditional
NONE
3. Uses, Special:
a. Day Nursery (maximum of 4 nonresident children)
b. Home Occupation
4. Minimum Lot Area
10,000 square feet
5. Maximum Lot Coverage
40 percent
6. Minimum Setbacks
Front Yard: 25 feet
Rear- Yard: 25 feet -except -as shown -cn-final -plat-
(Note: Lots 16 - 19 to have 50 foot rear yard setback)
Side Yard: 15 feet
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7. Maximum Building Height
25 feet
8. Maximum Floor Area
0.40/1.0 and as further provided under Supplemental Regulations
9. Minimum Off -Street Parking
Parking Spaces 6
II. DESIGN STANDARDS
A. SIGNS
All signs shall be subject to the Garfield County Zoning Resolution as amended
except as listed below:
1. Open Space District
Type of Sign&
Structural Type Maximum Height Maximum Sign
Area Per Face
Subdivision Identification
Freestanding 12 feet
32 square feet
Subdivision/Real Estate Sales
Conditions:
1. One sign allowed adjacent to Hwy 82 and one sign allowed
adjacent to County Road 100.
2. All signs shall be removed within six months of the initial sale of
all residential Tots within the PUD.
Freestanding 12 feet 50 square feet
Tempora ry
Freestanding 12 feet 50 square feet
2. R20 - Single Family Residential District
Type of Sign &
Structural Type Maximum Height Maximum Sign
Area Per Face
Subdivision Identification
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Conditions:
1. One sign allowed at the entrance to this District.
2. Sign may be located within the road right-of-way within the PUD
but shall be setback a minimum of six feet from the edge of the
traffic lane of the roadway.
Freestanding 6 feet 12 square feet
Subdivision/Real Estate Sales
Conditions:
1. One sign allowed at the entrance to this District.
2. This sign shall be removed within six months of the initial sale of
all residential Tots within the PUD.
Freestanding 6 feet 32 square feet
Construction
Freestanding 6 feet 32 square feet
Real Estate
Freestanding 4 feet 6 square feet
Temporary
Freestanding 4 feet 6 square feet
Personal Identification
Freestanding 4 feet 2.5 square feet
2. R10 - Single Family Residential District
Type of Sign &
Structural Type Maximum Height Maximum Sign
Area Per Face
Subdivision Identification
Conditions:
1. One sign allowed on each side of the entry road into the PUD
from County Road 100.
2. Signs may be located within the road right-of-way within the
PUD but shall be setback a minimum of six feet from the edge of
the traffic lane of the roadway.
Freestanding 6 feet 16 square feet
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Subdivision/Real Estate Sales
Conditions:
1. One sign allowed at the entrance to the PUD from County Road
100.
2. This sign shall be removed within six months of the initial sale of
all residential Tots within the PUD.
Freestanding 6 feet 32 square feet
Construction
Freestanding 6 feet 32 square feet
Real Estate
Freestanding 4 feet 6 square feet
Temporary
Freestanding 4 feet 6 square feet
Personal Identification
Freestanding 4 feet 2.5 square feet
2. Equestrian Center District
Type of Sign &
Structural Type Maximum Height Maximum Sign
Area Per Face
Business
Freestanding 18 feet 100 square feet
Wall 40 square feet
Projecting 40 square feet
Suspended 40 square feet
(Roof Mounted Signs Prohibited)
Construction
Freestanding 6 feet 32 square feet
Real Estate
Freestanding 4 feet 6 square feet
Temporary
Freestanding 4 feet 6 square feet
Personal Identification
Freestanding 4 feet 2.5 square feet
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B. FENCE&
All fences shall be subject to the Garfield County Zoning Resolution as
amended except as listed below
1. Fences within the Open Space District shall observe the following criteria
except for areas requiring protection from wildlife:
a) Maximum height:
Wire Fence or solid fence or wall - 44 inches
Rail Fence - 54 inches
b) Wire strand fences shall have a minimum of 12 inches between the
top two wire strands.
d) Fences higher than 54" designed to exclude deer and elk from
gardens, landscaped areas or storage areas shall meet the
required building setbacks of the district,
2. Fences within the Residential Districts shall not exceed 48" when located
within the Front Yard Setback.
C. LIGHTING
All site lighting shall be downward directed to avoid projection of the light beyond
the boundaries of the lot. The luminar Tight source shall be shielded to minimize
glare when observed from adjacent Tots.
III. VARIANCE FROM SUBDIVISION REGULATIONS
Except as defined below, all provisions of the Garfield County Subdivision
Regulations shall be applicable to the Preshana Farm PUD.
A. STREET DESIGN STANDARDS
1. Design Standards: Standard street design shall be as identified in the
attached chart titled Preshana Farm - Road Design Standards.
2. Cul-de-sac Length: Cul-de-sacs in excess of 600 feet shall observe the
following design standards:
a. Minimum Right -of -Way Radius 75 feet
b. Minimum Driving Surface, Outside Radius 70 feet
8
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PRESHANA FARM PUD
Road Design Standards
7/28197
ROAD NAME R.Q.W. LANE SHOULDER DITCH MINIMUM MAXIMUM CUL-DE-SAC
WIDTH WIDTH WIDTH WIDTH C. UNE GRADE RADIUS
M widths & radii are in feet RADIUS R.O.W.
Primary Access 70 12 4 10' min. 100 6% 75
Secondary Access 70 11 4 10' min. 100 6% 75
NOTES: 1. All road surfaces are a minimum of chip & seal.
2. All roads are two lanes In width.
3. Shoulders are gravel or a stabllzed structural section as approved by
the County Road Supervisor that Mows grass to grow In the shoulder area.
4. Curb and gutter are not required on any road in the PUD.
5. Cul-de-sacs shall have a minimum paved, outside turning radius of 70 feet
Exhibit B
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PROPERTY DESCRIPTION
A parcel of land situated in a portion of Lots 3, 4, 6, 17, 18 and 19 of
Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado, said parcel being more particularly
described as follows:
Commencing at the Witness Corner to the Northeast Corner of said Section 31, a
stone in place; thence S.60'01'05"W. 2350.39 feet to the Southeast Corner of
Reception No. 279416, also being a point on the westerly right-of-way of County
Road No. 100, a rebar and cap L.S. No. 10732 in place, the True Point of
Beginning; thence S.00°11'29"W. along said westerly right-of-way 827.14 feet to
a rebar arra cap L.S. No. 10732 in place; thence continuing along said westerly
right-of-way S.03°56'29"W. 117.74 feet to a rebar and cap L. S. No. 10732 in
place; thence continuing along said westerly right -of -sway 8.11°37'27"W. 299.44
feet; thence leaving said westerly right--of-way N.72°41'32"W. along a line
being northerly of Blue Creek 136.34 feet; thence continuing along a line being
northerly of Blue Creek N.77'44'52"W. 317.09 feet; thence continuing along a
line being northerly of Blue Creek N.62°48'46"W. 375.98 feet; thence continuing
along a line being northerly of Blue Creek N.41°30'29"W. 89.74 feet; thence
continuing along a line being northerly of Blue Creek N.81°01'17"W. 285.92
feet; thence N.13.12'20"E. 120.00 feet to a point in an existing fence; thence
N.76"-47'-4011/: along said existing fence 103 .73- feet -to a 1xr3nt- on the easteriy-
line of Parcel B of Reception No. 375658 (from whence rebar and cap L.S. No.
10732 bears S.00'O0'18"W. 263.28 feet); thence N.00°00'18"E. along said
easterly line 1013.61 feet to a point on the southerly right-of-way of Colorado
State Highway Na. 82 as evidenced by existing right -of -xray monuments and the
existing centerline (whence a rebar and cap L.S. No. 3317 bears 5.00°00'18"W.
3.99 feet); thence S.79°56'55"S. along said southerly right -of -ray 1982.77
feet; thence S.10°30'58"W. along the easterly line of said Reception No. 279416
133.47 feet to a rebut and Cap L.S. No. 10732 in place; thence 5.79'44'32"E.
along the southerly line of said Reception No. 279416 247.29 feet to the True
Point of Beginning; said parcel containing 57.889 acres, more or less.
Together with a perpetual easement being a portion of Parcel "3" shown in
Reception No. 375658 situated in a portion of Lot 17 of Section 31, Township 7
South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State
of Colorado; said eesment being more particularly described as follows:
Conmencing at the Witness Corner to the Northeast Corner of said Section 31, a
stone in place; thence 5.81'10'28"W. 4257.59 feet to a point on the southerly
right-of-way of State Highway No. 82, the True Point of Beginning; thence
S.00°00'18"W. along the easterly line of said Parcel "B" 1013.61 feet to a
point on an existing fence: thence N.76.47'40"W. along said fence 67.27 feet to
a point on the westerly line of said Parcel "H"; thence N.00°07'35"E. along
said westerly line 1009.48 feet to a point on the southerly right-of-way of
said State Highway No. 82; thence 5.79.56'55"E. along said southerly right-of-
way 64.35 feet to the True Point of Beginnirxk; said easement containing 1.496
acres, more or less.