HomeMy WebLinkAbout2.0 PC Staff Report 09.09.1992• •
PC 9/9/92
PROJECT INFORMATION & STAFF COMMENTS
REQUEST: Amendement of the River Ridge
PUD plan and zone district
APPLICANT: Walter A. Stowe
LOCATION: A parcel of land located in portions
of Sections 35 and 36, T6S, R89W;
more practically described as a
parcel of land located approximately
three (3) miles south of Glenwood
Springs off of County Road 109.
SITE DATA: An 8.003 acre parcel
WATER: A central water system supplied by
a well on site
SEWER: Individual Sewage Disposal System
ACCESS: County Road 109
ZONING: North: A/R/RD
South: A/R/RD
West: A/R/RD & R/L/SD
East: A/R/RD & R/L/SD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is within a District B Subdivisions/Rural Serviceable Areas, with a lc
classification noting central water and sewer service availability, but having severe
environmental constraints. For the record, there is no central sewer presently available
to lots in the Westbank area. Subdivision areas are defined by the Comprehensive Plan
as areas "Best able to absorb growth".
II. DESCRIPTION OF THE PROPOSAL
A. site_D tion: The River Ridge P.U.D. is a flat linear piece of property that
sits on a terrace above the Roaring Fork river, with very little vegetation. There
are two duplexes, a single family dwelling and a mobile home presently on the
site.
B. Project Description: The applicant proposes to modify the previously approved
River Ridge P.U.D. from a 48 unit townhouse development to an eight (8) lot
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single family development. The lots would be served by a central water system
which has a well on site as the source of water. Each lot would have an
individual sewage disposal system. Access from County Road 109 is proposed
to be a 40' wide access easement through each lot with a 100 ft. diameter cul-de-
sac at the end.
HISTORY: In 1979, by Resolution No.79-74, Don Ice received approval for a
50 unit P.U.D. Subsequently, by Resolution No. 82-10, the final plot for the
River Ridge PUD (formerly Hillview P.U.D.) was approved for 48 units. As a
part of the approval process, a central sewage disposal system was to be
developed to serve the River Ridge P.U.D. and the Westbank Filing 4 P.U.D..
No system was ever developed and as a result, the River Ridge P.U.D., as
originally platted, was given a number of extensions of approval to complete the
subdivision improvements originally proposed.
III. MAJOR ISSUES AND CONCERNS
A. Zoning: This application is being made as a modification to the original P. U.D.
based on Section 4.12.03 of the Zoning Resolution which states the following:
4.12.03
All those provisions of the Plan authorized to be enforced
by the County may be modified, removed or released by
the County, subject to the following:
(1) No modification, removal or release of the provisions
of the Plan by the County shall affect the rights of the
residents, occupants and owners of the PUD to maintain
and enforce those provisions at law or in equity; and
(2) No substantial modifications, removal or release of
the provisions of the Plan by the County shall be
permitted except upon a finding by the County, following
a public hearing called and held in accordance with the
provisions of Section 24-67-104, C.R.S., that the
modification, removal or release is consistent with the
efficient development and preservation of the entire PUD,
does 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.
There is only one owner of the property who is making the application. The
present occupants are renters within the duplex units and the applicant's family.
The applicant is processing as a rezoning and as such will be following the public
hearing and notice requirements for a zone district text amendment. The
proposed rezoning is a reduction in density to a lot size more consistent with the
lots in the Westbank subdivision and should not affect in an adverse manner the
enjoyment of land by property landowners abutting the property or across the
road.
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B.
Subdivision: The proposed modification will require the vacation of the present
River Ridge P.U.D. Final Plat, filed on February 25, 1982. It will require
following the Subdivision Regulations to file a final plat.
C. P.U.D. Zone Districts: The applicant proposed to create a
Residential/District/Single Family with 40,000 sq. ft. minimum lot size (See
enclosed pgs 5)1 6 ). It is proposed to maintain the existing duplexes in place,
but subject to future demolition. There is no time identified for demolition,
which should be prior to conveyance of any interests in lots 2,3 or 4. The same
issue applies to the mobile home on the common lot line between lots 3 and 4.
The PUD zone district text should reflect these changes.
D. County Road 109: When Garfield County rebuilt the Hardwick bridge,
additional right-of-way was acquired from the applicant's property. The legal
description of the property conveys was incorrect.
E. Access Easement: The proposed 40 ft. access easement is consistent with the
recently adopted road width standards contained in the Subdivision Regulations.
Because it is intended to be included in each lot as a part of the lot area
calculation, there is a need to redefine the setbacks, since this is not a street. The
reason for the easement to be included in the lot area calculation is related to the
one (1) acre minimum lot size in the Zoning Resolution for a lot with central
water and an ISDS. Changing the language of the fron yard setback to recognize
the easement lines as the point of measurement for the setback.
IV. SUGGESTED FINDINGS
1. That the application for PUD modification meets the requirements of Section
4.12.03 of the Garfield County Zoning Resolutions.
2. That the PUD modification is in general conformity with the Comprehensive
Plan.
3. That the meeting before the Planning Commission was complete and all
interested persons were given the opportunity to speak.
4. That for the above stated and other reasons, the proposed PUD modification is
in the best interests of the health, safety, morals, order, convenience and
prosperity of the citizens of Garfield County.
V. RECOMMENDATION
APPROVAL, subject to the following conditions:
1. That all representations made verbally or in writing shall be considered
conditions of approval unless stated otherwise by the Board.
2. That the applicant shall not claim any vested right to the PUD zoning unless
subdivision approval of the Preliminary Plan given within one (1) year from the
date of approval of the PUD modification, per Section 4.09.01 of the Garfield
County Zoning Resolution.
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3. The PUD Zone District Text be modified to read:
Uses, Special - Studio for the conduct of arts and crafts, atiiity fines, -guest
lie.
Uses, by right - Two-family dwellings and mobile home eIis n of the date
of the PUD, provided that prior to conveyance of a.gy lotato another party, such
uses shall be removed or demolished.
Minimum Setback:
(1) Front yard - 25 feet from the front property line or access easement
line.
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RESIDENTIAL/DISTRICT/SINGLE FAMILY
Uses, by right: Single-family dwelling and customary accessory uses, including buildings for
shelter 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.
Uses, conditional: Day nursery and school, home occupation.
Uses, special: Studio for conduct of arts and crafts, utility lines, guest house. Two family
dwellings existing as of the date of approval of the P.U.D. provided that upon the demolition
or destruction of such dwellings such special use shall terminate in its entirety.
Minimum Lot Area: Forty thousand (40,000) square feet. The roadway serving the P.U.D.
shall be included in the affected Lot and shall be an easement across such Lot.
Maximum Lot Coverage: Twenty-five percent (25%).
Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-five (75) feet Froin street centerline or fifty (50)
feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street
centerline or twenty-five (25) feet from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (2.5) feet from rear lot line;