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HomeMy WebLinkAbout6.0 Resolution 92-053RECORDED AT % O' CLOCK /9.M. JUN 1 5 1992 REC )r2�ar02 MILDRED ALSDORF, COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) BOOK 834 N..GE23 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 15th of June A.D. 19 92 , there were present: Arms 1 ri L. MarktPy , Commissioner Chairman Marian I. Smith , Commissioner Elmer (Buckey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 92-053 A RESOLUTION CONCERNED WITH THE REVOCATION OF A PLANNED UNIT DEVELOPMENT ZONE DISTRICT DESIGNATION AND REZONING THE PROPERTY TO AGRICULTURAL/RESIDENTIAL/RURAL DENSITY AND AGRICULTURAL/INDUSTRIAL FOR PROPERTY OWNED BY GENE R. HILTON. WHEREAS, on the 27th day of October, 1980, the Board of County Commissioners adopted its Resolution No. 80-258 by which the Board of County Commissioners approved a zone change from Agricultural/Residential/Rural Density and Agricultural/Industrial zone districts to Planned Unit Development for the Wood Landing PUD; and WHEREAS, on the 4th day of May, 1987, the Board of County Commissioners adopted its Resolutions 87-48 by which the Board of County Commissioners approved an extension of the PUD approval for Wood Landing PUD for three (3) years from the date of approval of said resolution; and WHEREAS, Section 4.09.01 of the Garfield County Zoning Resolution of 1978, as amended, requires that a PUD development must begin development within one (1) year of final zone change approval; and WHEREAS, the Wood Landing PUD developer did not begin development within one (1) year of final zone change approval or within three (3) years of approval of Resolution No. 87-48 and the Board of County Commissioners did not approve any further extensions for the completion of the PUD; and WHEREAS, based on the evidence, testimony, exhibits and recommendation of the Garfield County Planning Commission, this Board finds as follows: 4. That the 1980 approval of the Wood Landing PUD was based on circumstances and needs of that time and that circumstances and needs have changed since that time; and 5. That the road improvements made by the County since 1980 in the area of the PUD have only addressed the present needs of the County and those needs have changed since 1980; and 6. That the December 16, 1991 letter from the Regulatory Offices and Personnel Department to the applicant, did not constitute the approval of an extension of the PUD approval; and 7. That the applicant did not begin development within one (1) year of the original approval by Resolution No. 80-258 or within three (3) years of the approval of an extension of approval granted in Resolution No. 87-48. That other developments have been approved in the area that meet the same affordable housing needs; and 9. That State and Federal regulations have changed since 1980, possibly making the Wood Landing PUD less feasible to build without making substantial modifications to the PUD as originally proposed; and 10. That given the change in circumstances and regulations, any development proposed for this land needs to be reviewed in light of the existing circumstances and regulations. WHEREAS, the Garfield County Planning Commission did recommend approval of the zone district amendment as proposed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Wood Landing Planned Unit Development and more fully described in Exhibit A, attached hereto, is revoked as a Planned Unit Development and the zone district revert back to Agricultural/Residential/Rural Density and Agricultural/Industrial, as those zone districts were in place prior to October 27, 1980. Dated this 15th day of June , A.D. 19 92 ATTEST: Cl-rk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded, the foregoing Resolution was adopted by the following vote: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith Aye Aye Aye BOOK 934 w,,E235 EXNlf3fl_A LEGAL DESCRIPTION - WOOD LANDING PLANNED UNIT DEVELOPMENT PARCEL A A parcel of land situated in Lots 8 and 12 of Section 4, and in Lot 10 of Section 5 all in Township 6 South, Range 91 West of the Sixth Principal Meridian, Lying Northerly of the Northerly right-of-way line of Garfield County Road No. 335 and Southerly of tl ro Southerly Bank of the Colorado River, said parcel of land is described as follows: Beginning at a point on the Westerly line of said Section 4, said point being on the Northerly right-of-way line of said County Road whence the Southwest Corner of said Section 4 bears South 00°50'00"East 202.04 feet;thence North 00°50'00" West 230.06 feet along the Westerly line of said Section 4; thence North 75°43'18" West 101.89 feet; thence North 17°08'41" West 115.59 feet to a point on the Southerly Bank of said River; thence along the Southerly Bank of said river North 23°05'04" East 141.99' feet; thence North 23°01'07" East 176.18 feet; thence North 25°11'33" East 131.69 feet; thence North 27°43'41" East 170.02 feet; thence North 33°01'38" East 248.03 feet; thence North 34°17'48" East 221.12 feet; thence North 42°14'07" East 176.93 feet; thence North 50°21'59" East 177.74 feet; thence North 53°42'41" East 222.06 feet; thence North 64°11'03" East 229.96 feet; thence North 80°04'02" East 139.23 feet; thence North 83°30'04" East 117.59 feet; thence North 80°27'03" East 9.33 feet; thence leaving said river bank South 00°39'46" East 1375.03 feet to a point on the Northerly right-of-way of said road; thence South 64°01'23" West 561.68 feet along the Northerly right -or -way of way line of said road; thence 206.53 feet along the aro of a curve to the right, having a radius of 970.00 feet, the chord of which bears: Sormilr 70°07'22" West 206.14 feet; thence South 76°13'20" West along the Northerly right-of- way line of said County Road, 623.30 feet to a point on the Westerly line of said Section 4, the point of beginning. State of Colorado, County of Garfield and; PARCEL B A parcel of land situated in Lot 9 and in the SE1/4SW1/4 of Section 4 in Township 0 South, Range 91 West of the Sixth Pricipal Meridian, lying Westerly of the North.•South centerline of said Section 4, Northerly of the Northerly right-of-way line of Garfield i4 County Road No. 335 and Southerly of the Southerly Bank of the Colorado River, said parcel of land is described as follows: Beginning at a point on the North-South Centerline of said Section 4, said point being on the Northerly right-of-way line of said County Road whence the South Quarter Corner of said Section 4 bears: South 00°29 ' 34" East 990.67 feet; thence along said toad right-of-way North 76°02'53' West 79.67 feet; thence 100.26 feet along the VI of a curve to the left, having a radius 230.00 feet, the chord of which bears: North 88°32'10" West 99.47 feet; thence South 78°58'32" West 86.49 feet; the true point of beginning; thence South 78°58'32" West 207.01 feet: thence 140.15 feet along the are BOOK 8344 PAGE 36 of a to the left, having a radius of 1,030.00 feet, the chord of which bears: South 75°04'40" West 140.04 feet; thence South 71°10'47" West 396.23 feet; thence 66.20 feet along the arc of a curve to the left, having a radius of 530.00 feet, the chord of which bears: South 67°36'05" West 66.16 feet; thence South 64°01'23" West 301.54 feet; thence leaving said road right-of-way North 00°39'46" West 1375.03 feet to a point on theSoutherly Bank of said river; thence along the Southerly Bank of said river North 80° 27'03" East 162.30 feet; thence South 86 °57123" East 198.87 feet; thence South 83° 46'26" East 181.34 feet: thence South 70° 47'48"East 177.61 feet; thence North 88° 09'23" East 176.89 feet; thence South 79°58'23" East 134.04 feet; thence North 81°42'52" East 173.42 feet; thence South 33°04 '03" East 237.76 feet, to a point on the North-South Centerline of said Section 4; thence South 00°29'34" East along the North-South Centerline of said Section 4, 320.66 feet; thence South 78°23'57" West 321.42 feet: thence South 08°38'28" East 379.58 feet to the true point of beginning. PARCEL C A parcel of land situated in Sections 4 and 9, Township 6 South Range 91 West of the Sixth Principal Meridian, lying Southerly of the Southerly right-of-way line of Garfield County Road No. 335 and Westerly of the Westerly right-of-way line of County Road 312 , said parcel of land is described as follows: Beginning at a point on the North-South Centerline of said Section 4, said point being on the Northerly right-of-way line of said County Road 335 whence the South Quarter Corner of said Section 4 bears South 00°29'34" East 990.67 feet; thence along said road right-of-way North 76°02'53" West 79.67 feet; thence 100.26 feet along the arc of a curve to the left, having a radius of 230.00 feet, the chord of which bears; N 88°32'10" W 99.47 feet: thence S.78 °58 '32" W 293.50 feet; thence 140.15 feet along the arc of a curve to the left, having a radius of 1,030.00 feet, the chord of which bears: South 75° 04'40"W 140.04 feet; thence South 71°10'47" West 396.23 feet; thence 66.20 feet along the arc of a curve to the left, having a radius of 530.00 feet, the chord of which bears: South 67°36'05" West 66.16 feet; thence South 64° 01'23" West 301.54 feet; thence leaving said road right-of-way South 00°39'46" East 62.00 feet to a point on the Southerly right-of-way line of County Road 335, the true point of beginning; thence South 00°39'46" East 525.00 feet; thence North 29°00' East 415.00 feet; thence North 70°45' East 870.00.feet; thence South 49°30' East 395.00 feet; thence South 11°30' East 1150.00 feet; thence North 89°30' East 295.00 feet to the Westerly R.O.W. line of County Road 312: thence Northerly along the Westerly right of way line of County Road 312 to its junction with County Road 335; thence Westerly along the Southerly right of way line of County Road 335 to the true point of beginning.