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Home My WebLink About5.0 Resolution 95-088485428 B-958 P-662 11/15/95 11:34A PG 1 OF 7 REC DOC MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield NOT 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 13th,of November A.D. 19 95 , there were present:_ Marian I. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer Mickey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsaorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 95-088 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION BY RICHARD AND MARY JOLLY FOR A PUD PLAN AND ZONE DISTRICT AMENDMENT WHEREAS, RICHARD AND MARY JOLLY have filed an application with the Board of County Commissioners of Garfield County, Colorado, for approval of a PUD Plan and zone district amendment for the Cedars PUD; 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, and the Garfield County Planning -Commission, comments from the Town of New Castle, and comments from all interested parties, this Board enters the following findings and conclusions for property described_in the attached Exhibit A: FINDINGS 1. The application was filed with the Planning Department and referred to the Planning Commission consistent with statutory requirements. The Garfield County Planning Commission reviewed the application and recommended approval of the application with no conditions on May 10, 1995. 485428 B-958 P-663 11/15/95 11:34A PG 2 OF 7 ATTEST: Clerk of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 4,4d. Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO ) )ss County of Garfield ) Aye Aye , Aye 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 48:5428-B-958 P-664 11/15/95 11:34A PG 3 OF 7 3. The Board of County Commissioners established a date for the public hearing on the application to commence on May 15, 1995. 4. Pursuant to evidence produced at the public hearings on the application, the Board finds: A. All property owners adjacent to the property that is subject to 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 commencement of the hearing; B. Notice of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to commencement of the hearing; C. The substance of the mailing and published notifications substantially informed interested parties of the subject matter and location of the requested zoning; D. The Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon. 5. The hearing before the Board on May 15, 1995 was extensive and complete, that all pertinent facts, matters and issues were submitted, and that all interested parties were heard at the hearing. 6. That the request for approval of a PUD Plan (Exhibit B) and zone district amendment (Exhibit C) for the Cedars PUD is consistent with The Garfield County Comprehensive Plan, the health, safety and welfare of the citizens of Garfield County, and consistent with the long-term planning objectives for Town of New Castle. CONDITIONS OF APPROVAL_ 1. All representations, either within the application or stated at the public hearings before the Planning Commission and the Board ofCounty Commissioners shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. That the variance request for the road grade in excess of 12 percent shall be presented at the time of Preliminary Plan submittal. 3. That the zone text shall be modified to include the open space as a separate district, precluding any development or further subdivision. 4. That the preliminary plan show an appropriate easement for access to the ditch for maintenance purposes. 5. That the covenants shall reflect wood burning restrictions identical to Aspen Glen and subsequent subdivision approvals. Dated this 14th flay of November , A.D. 19 95 Ex tivs 1 T 4 485428 B-958 P-665 11/15/95 11:34A PG 4 OF 7 LEGAL DESCRIPTION ALL THAT PART OF THE NE1/4SE1/4 OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M., LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 245. CONTAINING 17.96 ACRES MORE OR LESS. 0 in R 11/15/95 11:34A EA/gig C 485428 B-958 P-667 11/15/95 11:34A PG 6 OF 7 THE CEDARS PLANNED UNIT DEVELOPMENT ZONE REGULATIONS To the extent that specific provisions of the Garfield County Zoning Resolution and the Subdivision Regulations of Garfield County conflict with standards contained in The Cedars Planned Unit Development as approved by theBoard of County Commissioners, such zoning resolution and subdivision regulations shall not he applicable and the provisions and standards contained in the approved The Cedars Planned Unit. Development, shall control. Uses, By Right: Single-family and customary accessory uses, including bui.lding,s for• the shelter ter or enclosure of animals or property accessory to use of the lot, for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features. Park and open space II. Uses conditional: Day nursery, home occupation. III. Uses, Special: Studio for conduct of arts and crafts. IV. Minimum LOT AREA: One Acre and as further provided under Supplemental Regulations of the Garfield County Zoning Resolution. V. Maximum Lot Coverage: Twenty percent (20%) VI. Minimum Setback: Front Yard: Twenty-five feet (25') from access easement Rear Yard: (Lot numbers as shown on PUD Master Plan) Lots 1,2,3 & 4 and Lots 9 & 10: Twenty -feet (20') from rear lot line Lots 5,6,7 & 8 Ten feet (10')from rear Int: Line Side Yard: Fifteen feet from side lot line. Vil. Maximum Height of Buildings: Twenty-five feet VIII. Maximum Floor Area Ratio: 0.200/1,0 and as further provided under Supplemental Regulations of the Garfield County Zoning Resolution. IX. Frontage: Each lot in separate ownership shall have at least twenty-five feet (25') of frontage on the forty foot dedicated access easement which provides access of all lots to County Road 245. 4€1542$ i-658- P-668- 1-1115/95 ti:34k r 7- OF 7- X. Road Design Standards: A. Cul-de-sac: 1. Maximum Length: 1,500 feet 2. Minimum Road Surface Outside Radius 64 feet B. Maximum Grade: Ten percent (10%) with twelve percent (12%) grades allowed for distances of not, more than two hundred feet (200') when separated from other 12% grades by 200 feet and located in straight sections of road. Twelve percent (12%) grades are to be utilized to reduce the road grades in horizontal road curves of less than 200 foot radius. C. Minimum Curve Radius: One curve at the entrance Lo the site shall be a minimum of forty foot (40') radius. All other curves shall meet the Garfield County Road Design Standards.