The URL can be used to link to this page

Home My WebLink About1.06 Resolution 2000-301 EXHIBIT 7 Resolution No. 2000-30 Aspen Equestrian Estates 1 Equestrian 1111111 111111 111 1111111 11111 111 NUMIlli 562197 04/18/2000 02 59P B1182 P827 M RLSDORF 1 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 17tIa day of April A.D. 2000 , there were present: John M rtin Larry McCown Walt Stowe Don Deford Mildred Alsdorf Edward Green , Commissioner, Chairman , Commissioner , Commissioner County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 0- 30 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT APPLICATION FOR THE ASPEN EQUESTRIAN ESTATES SUBDIVISION OF THE PRESHANA FARMS PUD AND LAND DEVELOPMENT. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from the Jay Weinberg of Aspen Equestrian Estates, LLC, for a subdivision and land development plan to allow for approval of a PUD Amendment; and WHEREAS, the Board of County Commissioners, on the 9th day of February, 1998, conditionally approved a Planned Unit Development Amendment for the Preshana Farms PUD per Resolution 98-11, which was signed on the 2 day of March, 1998, and WHEREAS, the Board of County Commissioners, on the 3rd day of January, 2000, conditionally approved a Planned Unit Development Amendment for the Preshana Farms PUD per Resolution 2000-16, which was signed on the 22nd day of February, 2000; and WHEREAS, Aspen Equestrian Estates, LLC, is requesting an amendment to the Preshana Page I of 4 ga; 1111111 11111 111111 1111 11111 IIIIII llly 1H 11111 1111hill 562197 04/16/2000 02 59P 81182 P828 M ALSDORF 2 of 11 R 0,00 D 0.00 GARFIELD COUNTY CO Farms Planned Unit Development Resolution including alteration of the zoning language text, attached hereto as exhibit A, which would allow roof eaves to extend thirty six (36") inches into any required yard in the R/20 and R/10 zone districts; and WHEREAS, to the extent that the original Planned Unit Development, as approved by Resolutions 98-11 and 2000-16, is not modified or altered by the terms of this Resolution, the original resolution remains in effect; and WHEREAS, Garfield County Planning Commission held a public meeting on the 8th day of March, 2000, upon the question of whether the above described PUD Amendment should be granted or denied, at which meeting the public and interested persons were given the opportunity to express their opinions concerning the approval or the denial of said PUD Amendment; and WHEREAS, The Garfield County Planning Commission reviewed the application and recommended conditional approval to the Board of County Commissioners; and WHEREAS, the Board held a public hearing on the 20th day of March, 2000,.upon the question of whether the above described PUD Amendment should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the approval or the denial of said PUD Amendment; and WHEREAS, the Board, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of findings as listed below: 1. That the Garfield County Planning Commission is authorized by the provisions of Section 30-28-109 through 116, C.R.S. 1973, as amended, to provide recommendations concerning proposed amendments to the Garfield County Zoning Resolution of 1978, as amended, and zone district maps, as amended. 2. That the Garfield County Board of County Commissioners is authorized by the provisions of Section 30-28-109 through 116, C.R.S. 1973, as amended, to consider approval, conditional approval, or denial of proposed amendments to the Garfield County Zoning Resolution of 1978, as amended, and zone district maps, as amended. That proper posting and public notice was provided as required for the hearing before the the Board of County Commissioners. That an application for a zone district amendment was made according to the requirements of Section 4:00 and 10:00 of the Garfield County Zoning Resolution of 1978, as amended. 5. That the 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 that hearing. Page 2 of 4 11111111111111111111111111111111111111111111111 Illi 1111 562197 04/18/2000 02:59P 81182 P829 M ALSDORF 3 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO 6. That for the above stated and other reasons, the proposed P.U.D, amendment is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the 1978 Garfield County Zoning Resolution, as amended, the Garfield County Subdivision Regulations of 1984, the Garfield County Comprehensive Plan, the Garfield County road standards and policies, and all other applicable local, state, and federal regulations, resolutions, plans, and policies have been complied with. 8. The requested PUD amendment does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public • interest, and are not granted solely to confer a special benefit upon any person. 9. Subject to the conditions set forth below, all uses by right, conditional uses, minimum Jot areas, minimum lot coverage, minimum set -backs, maximum height of buildings and 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. 10. The PUD, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation or unique features of the site. 11. Subject to the provisions of §4.08.06 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners find that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Preshana Farms PUD Amendment is hereby APPROVED subject to compliance with all of the following specific conditions as listed below: I• That all representations made by the applicant in the application, at the public meeting before the Planning Commission, and the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Dated this 171-lilay ofApri IA.D. 2000 . Page 3 of 4 11111111111111111111111111111111111111111111111111 FMB I I 562197 04/18/2000 02:59P 81182 P830 M ALSDORF 4 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO 0 '� of the Board • GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORAD Chai Upon motion duly made and seconded the foregoing Resoluti adopted by the following vote: CO COMMISSIONER WALTER A. STQWE COMMISSIONER LARRY L. MCCOWN 11 Ii u• STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners Page 4 of 4 1111111 IIIA 111111 1111 11111 1111111 11111 III 11111 1111 101 562197 04/18/2000 02 59P 81182 P831 M ALSDORF 3 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO Exhibit A PRESHANA FARM PLANNED UNIT DEVELOPMENT P. U. D. ZONE DISTRICT DESCRIPTIONS and VARIANCE FROM SUBDIVISION REGULATIONS August 28, 1997 REVISED PER RESOLUTION NO. 98-11, DATED March 2, 1998, And RESOLUTION NO. 2000-16, DATED FEBRUARY 22, 2000 And per this resolution OF THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO. I. ZONE DISTRICTS The provisions of these regulations shall prevail and govern the development of Preshana Farm PUD provided; however, where the provisions of Preshana Farm PUD Zone 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 Regulation of Garfield County, adopted January 2, 1979 and as amended, wherever these regulations are applicable to Preshana Farm PUD. 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. Pasturing of livestock including structures providing shelter for 1 I1I11Ill 11IIN Illi Nil III HEM 1101EINE 562197 04/18/2000 02:59P 61182 P832 M ALSDORF 6 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO livestock and livestock feed when the footprint of the structure is 600 square feet or Tess. 2. Uses, Conditional NONE 3. Uses, Special a. Golf Course b. Golf Driving Range 4. Minimum Lot Area 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. E.C. 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. Employee Housing units either attached or detached. d. Veterinary Clinic e. Park and open Space f. Public Equestrian Event attended by less than 300 people 2 Comparison of Uses -- PUD versus Rural USES BY RIGHT RURAL ZONE EQUESTRIAN CENTER ZONE OPEN SPACE ZONE Agriculture Riding Stable Open Space and Greenbelt Animal Sanctuary Equestrian Arena Park Sale of Ag Products produced onsite Tack Shop Water Storage Tank Private Riding Stable Agriculture Pasturing of livestock Dwelling, Single -Unit Greenhouse Structures for Livestock/Feed <600 sq.ft. Foster Home Sale of Ag Products produced onsite Child Care Center Employee Housing Units (3) Park Veterinary Clinic Trail, Trailhead, Road Park Nursery/Greenhouse Open Space Remote Hydraulic Fracturing Public Equestrian Event <300 people Injection Well served by pipeline Oil & Gas Drilling and Production Utility Distribution Lines Neighborhood Utility Substation Utility Distribution Facility Accessory Building or Structure Buildings/Structures necessary for Ag Use Fence, Hedge or Wall Home Office Solar Energy System, accessory Small Temporary Employee Housing I I 1 111111 11111 111E1 1111 11111 1111111 11111 111 11111 1111 1111 362197 04/18/2000 02:59P 61182 P833 M RLSDORF 7 of 11 R 0.00 0 a.00 GARFIELD COUNTY CO 2. Uses, Conditional: NONE 3. Uses, Special: a. Home Occupation b. Miniature Golf c. 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 25 feet, Except that a water storage tank or a structure enclosing such tank may be 32 feet to the highest ridgeline of the structure. 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 3 111111 I 1111 111111 1111 IIIII 1111111 11111 III 11111 1E1 111 562197 04/18/2000 02:59P 81182 P834 M ALSDORF 8 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO 4. Minimum Lot Area 20,000 square feet 5. Maximum Lot Coverage 40 percent 6. Minimum Setbacks Roof eaves may project thirty-six (36") inches into any required yard. 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 E. 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 Roof eaves may project thirty-six (36") inches into any required yard. 4 1111111111111111111111111111111111111111111111111111111 562197 04/18/2000 02:59P 61182 P835 A ALSDORF 9 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO Front Yard: 25 feet Rear Yard: 25 feet except as shown on final plat (Note: Lots 16 - 19 to have 50 foot rear yard setback) Side Yard: 15 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 11. 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 One subdivision identification sign not to exceed 100 square feet. 2. R10 — Single Family Residential District One subdivision identification sign not to exceed 50 square feet. One real estate sign not to exceed 50 square feet B. FENCES All fences shall be subject to the Garfield County Zoning Resolution as amended except as listed below: 5 111111111111111111111111111111111)111111111111111111111 562197 04/18/2000 02:59P 81182 P836 M ALSDORF 10 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO 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 Desian 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 6 111111111111 111111 1111 11111 1111111 11111 1H 111111 111 1111 582197 04/18/2000 02 59P B11$2 P837 M ALSDORF 11 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO PRESHANA FARM PUD Road Design Standards 07/28/1997 ROAD R.O.W. LANE SHOULDER DITCH MINIMUM MAXIMUM CUL-DE-SAC WIDTH WIDTH WIDTH WIDTH C. LINE GRADE RADIUS All 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 8°15 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 stablized structural section as approved by the County Road Supervisor that allows 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