HomeMy WebLinkAbout4.0 Land Use Change Permit1111 mirmenvp II
Reception$: 796954
0110712011 02 50 16 PM Jean Alberico
1 of 7 Rec Feu $0 00 Doc Fee 0 00 GARFIELD COUNTY CO
LAND USE CHANGE PERMIT
for
AN AMENDMENT TO THE ASPEN GLEN PLANNED UNIT DEVELOPMENT TO
REDUCE THE FRONT SETBACKS FOR DUPLEX UNITS IN THE CLUB VILLA
ZONE DISTRICT.
In accordance with and pursuant to the provisions of the Garfield County Unified
Land Use Resolution of 2008, as amended the Board of County Commissioners
of Garfield County, State of Colorado, hereby authorizes the Land Use Change
Permit to decrease the setbacks in the Aspen Glen PUD Club Villas Zone District
as contained in the attached EXHIBIT A.
This Land Use Change Permit is issued under the authority granted to the
Director of Building and Planning under Section 4-107 of the Unified Land Use
Resolution of 2008, as amended.
Fred A. Jarman, API- Date i y4
Director of Buildin •r • Planning
■IIIh'Axl'3�'�il1VAlkitl OTNii.111111l1ilinhilaiii#1l gill
Recept.ian#: 796954
01$0712011 02 50 16 PM Jean Albericc
2 of 7 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY C_
Q--)cieliz=4---r
APPROVAL OF AN ADMINISTRATIVE AMENDMENT TO THE ASPEN GLEN
PLANNED UNIT DEVELOPMENT REZONING AND ITS PLAN TO AMEND
THE CLUB VILLAS ZONE DISTRICT PLAN TEXT TO MODIFY A FRONT
YARD SETBACK
WHEREAS, Gerd Zeller, an owner of a parcel of land within the Aspen Glen PUD as
shown on Exhibit A, has filed an application with the Planning Director of Garfield
County, Colorado for an Amendment to a Planned Unit Development and Request for
Planning Director Review for a Determination of No Substantial Modification Under
Garfield County Code Section 4-201: and
WHEREAS, the Board of County Commissioners did approve the Aspen Glen PUD by
Resolution No. 92-056 and other Resolutions of approval and related PUD documents as
shown on Exhibit B; and
WHEREAS, the applicant seeks to amend the Club Villas Zone District plan text to
modify a setback; and
WHEREAS, the Planning Director has made a determination that the proposed
amendment does not constitute a substantial modification under the Code.
NOW THEREFORE, it is determined by the Planning Director of the County of
Garfield, State of Colorado that based on the application of Gerd Zeller, the Planning
Director finds as follows:
1. Gerd Zeller, Applicant, is the owner and applicant of the property known as the Sages
at Aspen Glen which is within the Club Villa Zone District of the Aspen Glen
Planned Unit Development and as such is entitled to apply for a Planned Unit
Development Zone Text Amendment pursuant to the Garfield County Code.
2. The Applicant has agreed to reduce the approved density of the project from 15 units
to 13 units and build duplex units where he could otherwise build triplex units under the
Club Villas Zone District of the Aspen Glen Planned Unit Development Plan.
3. The PUD has a more restrictive setback of 25 feet for duplex units than for triplex units
for the Club Villas Zone District which is set out the zone district text —at Book 835 Page
305 at Page 340 Subsection (d) Minimum Front Yard Setback 25 feet.
4. The Director finds the requested zone text amendment allows for reduced density to
occur (duplex rather than single family attached with more than two units) without
allowing for increased density under any circumstance; the change requested is for only
17111.11111114111/11411 1001:10.Weit ,' it
Receptiontl: 796954
01107/2011 02 50 16 PM Jean Rlberico
3 of 7 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUIITY ::C
one setback requirement and; the change does not alter the allowed uses in the district
and does not create or increase incompatibility of the use.
5. The Exhibit to the Aspen Glen Resolution — Revised Zone Text as recorded at Book
830 Page 305 at Page 330 is amended as follows:
Club Villas Residential Zone District
Development Standards
Page 10
Duplex:
Section 7 (d)
Minimum Front Yard If 20 Feet from Roadway
Abutting Public/Private Street Easement/ROW
Planning Director
Garfield County
State of Colorado
Dated
State of Colorado )
County of Garfield )
Subscribed and sworn before me this day of 2010, by Fred Jarman
as Director of Building and Planning County of Garfield. State of Colorado
My commission expires
11111% 1111111N!!+.K1411«r"1+1ti1Fa'N''i IM.10 l 1:11
Reception#: 796954
01/07/2011 02 50 16 PM Jean Alberico
4 of ' Rec Fee $0 00 Coe Fee 0 00 GARFIELD COUNTY CO
Exhibit A
LEGAL DESCRIPTION
A tract of land situate in Section 13, Township 7 South, Range 89 West of the 6th Principal Meridian being more
particularly described as follows:
Beginning at a point on the easterly right of way line of County Road 109 and the west line of 2"d Amended Plat of
Golf Course Parcel 9, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado whence the W1/4 comer of
Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian bears S 57°23'01" E 5194.26 feet;
thence along the west line of said Golf Course Parcel 9 the following courses:
N 79°46'03" E, 87.38 feet;
thence, S 29°23'03" E, 308.37 feet;
thence, 5 7491'52" E, 10.61 feet;
thence, S 29°23'03" E, 440.20 feet;
thence, S 53°16'43" E, 36.29 feet;
thence, 5 14°34'35" E, 84.79 feet; feet to the north right of way lint of Golden Bear Drive as shown on plat of Aspen
Glen, Filing No. 6, County of Garfield, State of Colorado;
thence along said north right of way line the following courses:
thence 45.51 feet along the arc of a 814.50 feet radius non tangent curve to the left, having a central angle of
3°12'05" and subtending a chord bearing S 75°32'33" W 45.50 feet;
thence 29.03 feet along the arc of a 199.75 feet radius curve 10 the right, having a central angle of 8°19'39" and
subtending a chord bearing S 78°06'20" W 29.01 feet;
thence S 82° 16'09" W, 45.30 feet;
thence 61.73 feet along the arc of a 200.25 feet radius curve to the left, having a central angle of 17°39'47" and
subtending a chord bearing S 73°26'16" W 61.49 feet;
thence 55.09 feet along the arc of a 833.67 feet radius curve to the left, having a central angle of 3°47'11" and
subtending a chord bearing S 62°42'47" W 55.08 feet;
thence 38.40 feet along the arc of a 47.50 feet radius curve to the fight, having a central angle of 46°19'29" and
subtending a chord bearing S 83°58'56" W 37.37 feet to the east right of way line of County Road 109;
thence, along said east right of way line the following courses:
thence, N 29°02'45" W, 166.98 feet;
thence, N20°41'20" W, 11.95 feet;
thence 545.79 feet along the arc of a 1635.67 feet radius non tangent curve to the right, having a central angle of
19°07'06" and subtending a chord bearing N 16°06'57" W 543.26 feet;
thence, N 06°33'24" W, 135.34 feet; to the point of beginning.
County of Garfield, State of Colorado
1111 ®r III
Reception#' 796954
01/07/2011 02 50 16 PM Jean A1ber:co
5 of 7 Rec Fee SO 00 Doc Fee 0 00 GARFIELD COUFITY CO
Exhibit B
Description of Resolutions and other PUD Approvals
1. Resolution No. 92-056, Resolution Concerned with the Approval of an
Application of the Aspen Glen Company for the Aspen Glen Planned Unit Development
Rezoning and Approval of its Plan, recorded June 29, 1992 in Book 835 at Page 305 as
• Reception No. 436262.
2. Resolution No. 93-121, A Resolution Concerned with the Approval of a
Preliminary Plan for the Aspen Glen PUD, recorded December 28, 1993 in Book 887 at
Page 824 as Reception No. 457154.
3. Resolution No. 94-008, A Resolution Approving the Service Plan and the
Formation of the Aspen Glen Water & Sanitation District, recorded February 2, 1994 in
Book 891 at Page 620 as Reception. No. 458796.
4. Resolution No. 94-089, A Resolution Concerned with the Approval of an
Amendment to the Application of Aspen Glen Company for the Aspen Gien Planned
Unit Development Rezoning and Approval of its Plan, recorded August 9, 1994 in Book
911 at Page 791 as Reception No. 466955.
5. Resolution No. 94-139, A Resolution Concerned with the Approval of a
Floodplain Special Use Permit Application for Aspen Gien Golf Partners, Ltd., recorded
December 13, 1994 in Book 925 at Page 345 as Reception No. 472058.
6. Resolution No. 95-004, A Resolution Concerned with the Amendment of and
Correction of a Scribners Error in Resolution No. 94-139 Concerned with the Approval
of a Floodplain Special Use Permit Application for Aspen Glen Golf Partners, Ltd.,
recorded January! 7, 1995 in Book 929 at Page 64 as Reception No. 473462.
7. Resolution No. 96-26, A Resolution Concerned with the Approval of a Floodplain
Special Use Permit Application for Aspen Glen Golf Partners, Ltd., recorded May 9,
1996 in Book 977 at Page 399 as Reception No. 492765.
8. Resolution No. 96-06, A Resolution Concerned with the Approval of an
Amendment the Aspen Glen Unit Planned Unit Development Rezoning and its Plan,
recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797.
9. Resolution No. 96-07, A Resolution Concerned with the Approval of an
Amendment to the Preliminary Plan for the Aspen Glen PUD, recorded February 9, 1996
in Book 966 at Page 686 as Reception No. 488798.
10. Resolution No. 2006-79, Administrative Permit for Aspen Glen Subdivision PUD,
Lot 4A, recorded March 19, 2007 in Book 1903 at Page 967 as Reception No. 719257.
1111 i ii,1111IY MJ ii1il.5411,F RCIK114.1:Iiii Ai 11
Reception#: 796954
01/07/2011 02 50 16 P11 Jean A1beraco
6 of 7 Rec Fee 50 00 Doc Fee 0 00 GARFIELD COUrTY CO
11. Master Declaration recorded April 6, 1995 n Book 936 at Page 350 as Reception
No. 476328.
12. First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 61
as Reception No. 510976.
13. Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at
Page 850 as Reception No. 516966.
14. Third Supplemental Declaration recorded February 10, 1988 in Book 1053 at
Page 8 as Reception No. 520203.
15. Fourth Supplemental Declaration recorded February 10, 1988 in Book 1053 at
Page 30 as Reception No. 520209.
16. Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800
as Reception No. 524479.
17. Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58
as Reception No. 525647.
18. Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at
Page 943 as Reception No. 531005.
19. Eight Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page
517 as Reception No. 534299.
20. Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page
680 as Reception No. 550617,
21. Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at
Page 293 as Reception No. 555596.
22. Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at
Page 877 as Reception No. 552597.
23. Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at
Page 755 as Reception No. 556668.
24. Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at
Page 740 as Reception No. 566379.
25. Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page
910 as Reception No. 626952.
■�II Ili il'■141.11 i 1M INIVAW1MIC Hill 1 II!
Reeeptionq: 796954
01/07/2011 02 SO 16 PM Jean Alberica
7 of 7 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY
26. First Amendment to the Master Declaration recorded October 30, 2003 in Book
1533 at Page 735 as Reception No. 639707.
27. Fifteen Supplemental Declaration recorded December 21, 2004 in Book 1649 at
Page 891 as Reception No. 665692.
28. Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen
recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512.
29. Declaration of Golf Facilities Development, Construction and Operational
Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327.
30. Subdivision Improvements Agreement, recorded April 6, 1995 in Book 936 at
Page 444 as Reception No. 476329.
31. Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as
Reception No. 476330.