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HomeMy WebLinkAbout7.0 Resolution 79-74• • RESOLUTION No. 79-74 WHEREAS, Donald J. Ice has made application to the Board of County Commissioners of Garfield County, Colorado, for an amendment to the Zoning Map of the Garfield County Zoning Resolution, changing the following described land from Residential/General/Suburban Density to Planned/Unit/ Development District: PARCEL 1 A tract of land situated in Lots 26 and 11, Section 35, and Lot 3, Section 36, Township 6 South, Range 89 West of the 6th P.M., and Lot 5, Section 1, Township 7 South, Range 89 West of the 6th P.M., described as follows: Beginning at a point on the South line of said Lot 3 whence the Southwest corner of said Section 36 bears S. 86°33' W. 93.88 feet; thence N. 22°03' W. 312.7 feet; thence N. 46°47' W. 545.5 feet; thence N. 42°04' E. 137.2 feet; more or less to the high water line on the Westerly bank of the Roaring Fork River; thence S. 48°11' E. 445.0 feet along said high water line to a point near the Hardwick Bridge; thence S. 28°55' E. 573.6 feet, more or less, to an existing fence corner lying Easterly of the County Road as now constructed and in use; thence S. 30°06' E. 300.1 feet along said fence line to the angle point in said fence; thence S. 19°33' W..389.90 feet along said fence to the angle point thence S. 40°32' W. 63.7 feet to a point in said fence on the Westerly side of the County Road; thence N. 11°33' W. 542.7 feet; thence N. 16° 31' W. 126.7 feet; thence N. 22°03' W. 60.4 feet to the point of beginning. PARCEL 2 A tract of land situated in Lot 5, Section 1, and Lot 1, Section 2, Township 7 South, Range 89 West of the 6th P.M., and Lots 11 and 26, Section 35, and Lot 3, Section 36, Township 6 South, Range 89 West of the 6th P.M., described as follows: Beginning at a point on the South line of said Lot 3 whence the Southwest corner of Said Section 36 bears S. 86°33' W. 93.88 feet; thence N..22°03' W. 312.7 feet; thence N. 46°47' W. 545.50 feet; thence S. 25°28' E. 1529.0 feet; thence N. 70°37' E. 26.2 feet; thence N. 11°33' W. 542.7 feet; thence N. 16°31' W. 126.7 feet; thence. N. 22°03' W. 60.4 feet to the point of beginning. and WHEREAS, Donald J. Ice has, in association with such zoning amendment, applied for approval of a plan for Hillview Planned Unit Development, a Planned Unit Development, to be contained in the Planned Unit Development District, and WHEREAS, said application has been referred to the Planning Commission of Garfield County, Colorado, for its approval, disapproval, or recommendation all as provided in Section 10.04 of the Garfield County Zoning Resolution; and WHEREAS, said application has been submitted to the Planning Department of Garfield County, the Environmental Health Department of Garfield County, and the Regional Engineer of the Colorado State Health Department for thorough and complete review thereof resulting in various comments and recommendations from said departments, all of which comments and recommendations have been presented to said Planning Commission and Board of County Commissioners and now comprise a portion of the record of the proceedings in respect to such application; and WHEREAS, the said Planning Commission has provided to the Board of County Commissioners of Garfield County, Colorado, its recommendation that the said application be approved with certain conditions, all as more particularly specified in the minutes of the said Planning Commission; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has duly and regularly held a public hear- ing on said application in conformity with the laws of the State of Colorado and the provisions of said Zoning Resolution; and WHEREAS, the Board has been requested by Applicant to approve fifty (50) dwelling units on the above-described tract, an amount in excess of that normally permitted on the subject acreage, and • WHEREAS, the Board has examined the existing zoning of the described property and determined that use could presently be made of that property which would permit use more intense than that proposed, and determined further that the proposed Planned Unit Development, permitting fifty dwelling units, will limit development to a degree which would benefit the development of the surrounding area as well as the public interest in general, and WHEREAS, the Board has determined that, other than in the foregoing particulars, the requested zone change amendment and plan approval are in general conformity with the General Plan for Garfield County, Colorado, and meet all requirements of the Zoning Resolution of Garfield County, Colorado, and has further determined that the requested Planned Unit Development is suitable and appropriate for the subject property considering the location, condition and circumstances of said property, and that the proposed amendment implements the purposes and meets the standards and requirements of the Planned Unit Development provisions of the Garfield County Zoning Resolution; NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Garfield County, Colorado, 1. That the application for amendment of the above- described property from Residential./General/Suburban Density to Planned Unit Development be and hereby is granted, and that the appropriate zone district maps describing the areas encompassed by such amendment be amended to reflect this amendment; subject to the conditions more fully set forth below; -2- • • 2. That the application for approval of the plan of Hillview Planned Unit Development be and hereby is approved, with the following modification, to which applicant must object in writing, directed to the Board, within thirty days of adop- tion hereof, in order that this Resolution not be effective: (a) The final plat cr plats of the Planned Unit Develop- ment shall designate two separate zoning districts within the Planned Unit Development, which shall be as hereinafter set forth. 3. That the Planned Unit Development shall consist of two Zoning Districts, the boundaries of which shall be indicated upon the final plat of Hillview Planned Unit Development, which districts shall be identified as follows: RESIDENTIAL DISTRICT A. Uses, by right. Row House dwellings, more particularly described as a single family dwelling sharing one or two common side building walls with an adjacent similar dwelling or dwellings and extending from the lowest to the high- est point of the building between side common side walls. Common open space and customary accessory uses including common patio, pool, bathhouse, recreation building, sun arbors, play equipment, and park type facilities. Fences, hedges, gardens, walls and similar landscape features. Parking and Roads. Park and Greenbelt. B. Uses, conditional. None C. Uses, special. None D. Minimum Lot Area 1,000 square feet E. Maximum P.U.D. Residential District Coverage 55% F. Minimum Building Setback Setback from P.U.D. District Boundary 25 feet Setback from centerline of County Road 10945 feet G. Maximum Building Height 27 feet H. Parking 2:5 parking spaces per dwelling unit shall be provided within the P.U.D. Zone District. -3- • • OPEN SPACE DISTRICT A. Uses, by right. Common open space and customary accessory uses includ- ing common patio, pool, bathhouse, recreation building, sun arbors, play equipment, and park type facilities. Fences, hedges, gardens, walls and similar landscape features. Roads. Park and Greenbelt. B. Uses, conditional. None C. Uses, special. None D. Minimum P.U.D. Open Space District Coverage 45% E. Minimum Building Setback Setback from P.U.D. District Boundary 25 feet Setback from centerline of County Road 109 45 feet F. Maximum Building Height 27 feet G. Parking 2.5 parking spaces per dwelling unit shall be provided within the P.U.D. Zone District. APPLICABILITY OF GARFIELD COUNTY ZONING RESOLUTION Except as hereinabove provided, and except for the following sections of the Garfield County Zoning Resolution, all provisions of the Garfield County Zoning Resolution shall be applicable to the Hillview P.U.D. Zoning District. The Sections of the said Zoning Resolution which shall have no applicability are as follows: Section 3.00 through 3.10.04 Section 5.01.02 Section 5.05.03, paragraphs 4 and 8 ATTEST: eL t[ uty 5Cletk of the j3oard THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, CO ORADO C'hairman DATED this 9th day of July, 1979. -4-