HomeMy WebLinkAbout5.0 Resolution 2004-14 PUD Approvalt
STATE OF COLORADO
County of Garfield
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At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 12th day of January,ZO}4,there were present:
John Martin , Commissioner Chairman
I.arrv McCown . Commissioner
Trdsi Houpf , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf . Clerk of the Board
EdGreen - , , ,CountYManager
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when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2OO4.14
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLA}{NED UNIT
DEVELOPMENT APPLICATION SUBMITTED BY SLC-LAWRENCE, LLC FOR THE
RANCH AT COULTER CREEK PLANNED UNIT DEVELOPMENT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
(hereinafter "Board") received a Planned Unit Development (hereinafter '?UD") application
from SlC-Lawrence, LLC (hereinafter "Applicant") to rezone thd 476 acres of land described
below from Agricultural / Residential / Rural Density (A/R/RD) as described in the Zorrng
Resolution of 1978, as amended to PUD;
WHEREAS, the property subject to this resolution is described as Lot 5 of Section 1, in
Township 7 South, Rangi Ag W of the 6ft P.M., Wll2SEll4 E1/2Swl 14 and Lots 6, 7 and 8 of
Section 6; N1/2N81/4, SW1/4NEll4 arrd NEI/4NWll4, of Section 7, all in Township 7 South,
Range 87 West of the 66 P.M., Garfield County, Colorado (hereinafter "Property"); ana
WHEREAS, the Applicant pro?oses to rezone the Property from A/R/RD to PUD which
is more fully described in "Exhibit A" (PUD map) and "Exhibit'B" (PUD zoning text) thereby
providing the appropriate zoning on the Property so that the 476 acres may be zoned as 1)
twenty-six (26) residential lots comprising 156.45 acres, 2) internal roads comprising 18.10
acres, 3) common open space comprising 291.57 acres, 4) ranch facilities building envelope
comprising 7.57 acres, and 5) a utility zone comprising 2.41 aqes;
WHEREAS, on Decernber 10th, 2003, the Garfield County Planning Commission
forwarded a rocoflrmendation of approval with conditions to the Board of County Commissioners
for the PUD request; and
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WHEREAS, the Board held a public hearing on the l2h day of January,2OO4, upon the
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quebtion of whether the above described PUD should be granted or denied, at which hearing the
public and interested persons were given the opportunity to express their opinions regarding the
proposed PUD; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforernentioned hearing, has made the following determination of facts:
1. That proper publication, public notice, and posting was provided as required by law for
the hearings before the Planning Commission and before the Board of County
Commissioners.
That the hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and issues were
submitted; and that all interested parties were heard at those hearings.
That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan of 2000 for the unincorporated areas of the County.
The proposed subdivision of land conforms to the Garfield County ZorungResolution of
1978, as amended.
That all data, surveys, analysis, studies, plans, and designs as required by the State of
Colorado and Garfield County have been submitted, reviewed, and found to meet all
sound planning and engineering requirements of the Garfield County Subdivision
Regulations.
The proposed use is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that based on determination of facts set forth above, the rezoning of
the Ranch at Coulter Creek from A/R/RD to Planned Unit Development thereby providing the
appropriate zoning on the Property consisting of 476 acres may be zoned as 1) twenty-six (26)
residential lots comprising 156.45 acres, 2) internal roads comprising 18.10 acres, 3) common
open space comprising 291.51acres, 4) ranch facilities building envelope comprising 7.57 acres,
and 5) a utility zone comprising 2.41 acres be approved subject to the following conditions:
That all representations made by the Applicant in the application and as testimony in the
public hearings before the Planning &. Zontng Commission and Board of County
Commissioners shaIl be conditions of approval, unless specifically altered by the Board of
County Commissioners.
The Applicant shall include in the Protective Covenants for the Subdivision the following:
A. The view Shed Setback Line for Lots 1 1,12,13,14,15 & 16 shall be addressed.
3.
4.
5.
6.
1.
2.
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B. The following wildlife habitat mitigation measures shall be incorporated:
11.
111.
v.
vi.
vii.
i. Fencing shall be kept to a minimum and follow the CDOW fencing
recommendations.
If hay will be stored on site, a stack yard shall be constructed to keep wildlife
out.
The open space and adjacent to BLM land shall be closed to dog use during
the winter months. Dogs shall always be on a leash outside of the house
footprint. The number of dogs per residences should be limited to one.
During construction of the residences, contractors should not be allowed to
have dogs on site.
Since cats are a major predator to small rodents and birds, cats should be kept
indoors at all times.
CDOW is not liable for damages to landscaping from wildlife.
The homeowner's should install bear-proof dumpsters or tash bins.
The CDOW shall be allowed on the property for the purpose of bear and lion
contol. Hunting in this circumstance only shall be allowed.
Reference or incorporate the Wildfire Hazard Mitigation Plan and Wildfire
HazardAnalysis.
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3. The following geologichazardmitigation measures shall be adhered:
The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech")
outlined in the Preliminary Geotechnical Study for the Subdivision dated February
28,2003, [Job No. 103 115] shall be adhered. These Preliminary Design
Recommendations include provisions for foundations, floor slabs, under-drain
system, site grading, surface drainage and pavernent subgrade.
In addition to the drain systems for foundations recommended by HP GeoTech, due
to the presence of swelling clay soils, perimeter drains should be installed around
foundations. Perimeter drains prevent excessive ground moisture from satgrating the
soils and thus reduce the over potential for expansion or consolidation.
Due to the possible presence of radon gas in the area, testing for radon gas shall be
done when the residences and other occupied structures have been completed, prior to
the issuance of a Certificate of Occupancy.
The Applicant shall comply with the recomrnendations of the Garfield County Road'turd
Bridge Departrnent, dated Apri|2,2003, except for internal culverts which shall comply with
the recommendations outlined in the Drainage Report prepared by Sopris Engineering,LLC.
dated February 7,2003.
Prior to Final Plat submittal, the Applicant shall ftnalize, with the Carbondale and Rural Fire
Protection Diskict, the locations for pull-outs for emergency vehicles. These pull-outs shall
be delineated on the Final Plat.
A.
B.
C.
4.
5.
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The roads / streets shall comply wrth the o'Rural Access" standards outlined in section 9:30 of
the Subdivision Regulations.
Prior to Final Plat, the Applicant shall submit a copy of the final "wildfire hazard mitigation
plan" that has been reviewed and signed off by both the Carbondale and Rural Fire
Protection District and the Garfield County Sheriff s Department.
Prior to the recording of the Final Plat, the Applicant shall provide a written approval of the
signed and recorded Resolution by the Carbondale and Rural Fire Protection District Board
regarding the annexation of the property into the Fire District, as well as the court order to
include the property within the District boundary.
9. Prior to installation of an antenna(s) for the purpose of improving ernergency radio
communication for fue fighters and other emergency personnel, the Fire District or
designated entity shall obtain a Special Use Permit with the County.
10. An Easement Agreement shall be submitted at the time of Final Plat for the Fire District's
antenna site and access drive.
tl.The Applicant shall provide the following weed management information forreview and
approval by the Garfield County Weed Management Director prior to the submittal of Final
Plat:
A. Noxious Weeds:
Inventory and mapping: The Applicant shall provide a map that represent specific
locations of County-listed noxious weeds on the property.
Weed Management: The Applicant shall provide a weed management plan
should be based on a detailed inventory and provide for follow-up managernent.
Common area weed managernent: The Coulter Ranch Homeowners Association
will implanent weed management on the Common Open Space within the
property. In addition, arrangements have been made with a local rancher to
perform agricultural operations on the property. If weed management does not
occur on the property, there could be severe weed management issues on the areas
that were previously used for hay production. The Applicant shall address this
issue.
iv. Covenants: Weed management is addressed in the covenants briefly under
Article [V, Section 2. The Applicant shall include stronger language, perhaps
under Article IV, Section 6. The language should remind each lot owner that it is
their responsibility under the Colorado Noxious Weed Act and the Garfield
County Weed Managernent Plan to manage County-listed noxious weeds.
B. Revegetation:
8.
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i. The revised Revegetation Guidelines from the Garfield county weed
Management Plan calls for the following:
Plant material list.
Planting schedule.
A map of the areas impacted by soil disturbances (outside of the building
envelopes).
A revegetation bond or security shall be determined at Final Plat and paid
prior to Final Plat submittal.
ii. Prior to Final Plat, the Applicant shall provide a map or information that
quantifies the area, in terms of acres, to be disturbed and subsequently reseeded
on road cut and utility disturbances.
C. Soil Plan:
i. The Revegetation Guidelines also request that the Applicant provide a Soil
Management Plan that includes:
a) Provisions for salvaging on-site topsoil.b) A timetable for eliminating topsoil and/or aggregate piles.c) A plan that provides for soil cover if any disturbances or stockpiles will sit
exposed for a period of 90 days or more.
12.'I\e property is located within the RE-l School District. The Applicant shall pay the School
Land Dedication Impact Fee or pay cash-in-lieu of that land dedication which shall be due at
the time of Final Plat submittal. The total impact fee amount shall be determined prior to the
submittal of the Final Plat.
13. The proposed subdivision is located in the Garfield County Traffic Study Area 11. The total
impact fee payment shall be determined prior to Final Plat. The fee shall be calculated in
accordance to section 4:94 of the Subdivision Regulations. Fifty percent (50%) of the road
impact fees shall be collected at the submission of Final Plat for the Subdivision. All other
road impact fees will be collected at the issuance of a building permit. However, the Board
of County Commissioner will waive all the road impact feis, if the Applicani agrees to
upgrade and improve and provide a chip-seal surface on County Road 115 from the west
enhry of the Subdivision to the intersection with County Road 121 and the short segment of
County Road 121 between the intersection with County Road 115 and the point where the
existing chip-seal surface ends (approximately 1.7 miles). All improvements shall be done in
accordance with County road standards and must be approved by the County Engineer and
the Road and Bridge Department.
14. The following additional information shall be delineated on the Final Plat:
A. The View Shed Setback Line along the west side of Lot s ll,12,13,74,15 and 16.
a)
b)
c)
d)
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The Landslide Boundary and the evaporate deformation faults.
Tracts B and C shall eliminated or reconfigured to increase the lot size of these tracts
to a minimum of 2 acres.
The final locations for the pull-outs for emergency vehicles.
The easement for the Fire District antenna site and access to the site.
15. In addition to other required conditions of approval, the Applicant shall include the following
plat notes on the Final Plat:
A. Building permit applications for each lot shall include plans and specifications for an
onsite wastewater treatment, system. Each system shall be designed by a State of
Colorado registered engineer and must be approved pursuant to the Garfield County
Individual Septic Disposal System (ISDS) regulations before a building permit will
be issued. The type, size and location of each individual on-site wastewater systern
(OWS) willbe site-specific based on existing Garfield County and State ISDS design
criteria and required site-specific geo-technical evaluations. The soil
absorption/dispersal systems should be located within the building envelope on each
lot as identified on the Final Plat.
Historical drainage patterns shall be maintained on the property. No structures or
uses shall be located within the natural drainage way on the property.
Development on40%o slopes or greater is prohibited on the lots.
Swelling soils, clay and claystone, are present on the site. Appropriate mitigation
may be necessary to build on a lot.
All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward, towards the interior of the subdivision, excqrt that provisions
may be made to allow for safety lighting that goes beyond the property boundaries.
One (1) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owner's proprjrty boundaries.
No open hearth solid-fuel fireplaces willbe allowed anywhere within the subdivision.
One (1) new solid-fuel buming stove as defied by C.R.S. 25-7-401, et. seq., and the
regulations promulgated there under, will be allowed in any dwelling unit. A11
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances.
Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
B.
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B.
C.
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E.
F.
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sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust,
smoke chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, ffid the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non-negligent agricultural operations.
I. All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and inigation ditches,
conholling weeds, keeping livestock and pets under control, uslng property in
accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
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County.
16. The Board of County Commissioners accepts the recortmendation of the State Engineer's
OfEce detailed in the May,29,z}O3,letter of Kenneth Knox. Prior to Final Plat approval,
the Applicant shall provide the County with a copy of a final Water Court Decree for the plan
for augmentation for the Subdivision as stated in the letter dated May 29,2003 from the
office of the State Engineer. Prior to recording of the Final Plat, the Applicant shall provide
the County with copies of approved well permits for each well which is to be part of the
water supply systern. In the event that the Applicant intends to drill additional wells, or
different wells, than those which have already been pump tested and found to provide an
adequate water supply by the Zarcanella and Associates' report now in the record, then, as
part of the Final Plat approval process, the Applicant shall provide test results which
dernonshate, to either the office of the State Engineer or to a private consultant retained by
the County at the expense of the Applicant, that such additional or different wells wiil
provide an adequate physical supply of water to the Subdivision. The Applicant agrees to
pay for the services of a private consultant to the Board of County Commissioners to review
the Zancarrella and Associates' report regarding already drilled wells should the State
Engineer not clariff its lack of comments on the physical adequacy of the water supply in the
May 29,2003,1etter.
17. All conditions of approval contained in Resolution No. 2003-4las approved by the Board of
County Commissioners (except that condition #7 therein shall be eliminated and as such is
not listed among these conditions) shall also be conditions of approval for this application
and wiil be included in a new resolution that shall be superseded and replaced in full by a
new resolution containing these conditions listed herein.
18. The Applicant shall provide a Deed of Easement dedicating a perpetual access easement over
and across all roads within the subdivision allowing unfettered access for all applicable
emergency services personnel. These easements shall be described and shown on the final
plat with the following plat note:
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a. All streets, roads, and open space parcels as depicted on the accompanying plat are
hereby dedicated and set apart to the Ranch at Coulter Creek Homeowner's
Association, a Colorado not-for-profit corporation, for the use of the members and
gwests thereof, subject to:
i. The right of appropriate public utility companies to utilize said streets and
roads as utility easements; and
ii. The right of all emergenq) vehicles to make use of such streets and roads in
all re as onabl e cir cams tanc es.
19. Resolution No. 2003-3 of the Carbondale and Rural Fire District, which conditionally
approved annexation of a portion of the Ranch, requires that the developer gant the Dishict
an access and utility easement for the radio antenna site. This easement was intended to run
from the public roads to the antenna site. The applicant shall provide the Carbondale and
Rural Fire Protection District a perpetual non-exclusive easement from Corurty Road 115 to
the antenna site. The applicant shall provide the language of such an easement to the District
in order to be negotiated and approved by the District prior to approval of the final plat. This
easEment would allow access by Fire district personnel, contractors, or subcontractors to the
antenna site for all uses of the antenna site, including installation and maintenance.
20. The water system described in the engineering report (Attachment 12) refers to the
previously proposed water system and does not match the current master utility drawings.
The current drawings contain a note "see Mclaughlin Rincon drawings for details of pump
station and storage tank installation". Since the Mclaughlin Rincon drawings are not
included in the submittal, the applicant shall provide the Carbondale and Rural Fire
Protection District with the referred to "Mclaughlin Rincon drawings" for review and
approval prior to final plat approval.
21. The Applicant shall incorporate the recorrmended changes to the Declaration of Protective
Covenants proposed by Lisa Tasker and Dawn Keating regarding the Harrington's
penstemon as included in their memo to Tim Malloy dated October 23,2003. Accordingly,
The Applicant shall provide the County Vegetation Manager with a map of the occurrences
of Harrington's penstemon in 2004. These changes the covenants are included below:
a) Page 5. 6. General Requirements. b. Site Location:
...the Architectural Committee shall exercise its judgment to attempt to preserve
the natural characteristics of each Lot, including trees, vegetation, particularly the
Harringtonb penstemon, and the natural setting.
b) Page 9. 8. b. Defensible Space:
(ix) When implementing a plan to reduce flammable material around structures,
survey the area to be treatedfor the Harringtonb penstemon and avoid removing
or trampling it.
c) Paee 12. 12. Domestic Animals:
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...horses may be kept in a stable and a small corral upon any Lot so long as the
corral is not in a location that the Harrington's penstemon has been mapped. If
the penstemon has been found, the location of the corral shall be altered in order
to seek to avoid the penstemon.
d) Page 13. 3. Underground Utility Lines:
Al1 water, electrical and telephone lines, within the Subdivision, shall be buried
underground beneath Subdivision roads and driveways or in such other locations
that shall seek to avoid the Haruingtonb penstemon, and shall not be carried on
overhead poles...
e) Pages 14 - 15. 7. lndividual Sewage Disposal Systems:
Each ISDS shall be designed and located to minimize tree rernoval, seek to avoid
the Harringtonb penstemon, arnd changes to the natural contours of the land.
0 Page 15. 8. Trees and other Significant Plants:
All construction...shall seek to avoid the Harringtonb penstemon, minimize the
removal, and maximize the preservation, of trees...
g) Page 15 - 17. Additional Restrictions on Lots:
Add 10. Construction Management. In order to protect the Harringtonb
penstemon and other native vegetation, all construction activity, storage of
materials, fill and debris, parking of vehicles and equipment shall occur within
the building envelope.
22.1'he Applicant shall provide the most current brochure regarding the Fisher Creek Special
Management Area to future lot purchasers as part of the closing documentation.
Dated this A n day of V,l,-,, , ,A.D. 2004.
Upon motion duly made and seconded the
vote:
GARFIELD COUNTY BOARD
COMMISS GARFIELD COUNTY,
COLO
OF
by the following
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John Martin , AYe
Larry McCown ,
Tr6si Houpt ,
STATE OF COLORADO
County of Garfield
I,, County Clerk and ex-officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby ceftiry 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 afExed the seal of said
County, at Glenwood Springs, this _ day of A.D.2004
County Clerk and ex-officio Clerk of the Board of County Commissioners
Aye
Aye
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Exhibit B
Ranch At Coulter Creek PUD
PUD Zoning (Applicable Zone District Regulations)
Pursrrant to the Planned Unit Development Rezoning approval granted by the Garfield County Board of
$d"ty Commissioners on January {2,2004,as AescriUeO in Resolution ---, the Ranch at Coulter Creek
PLID Subdivision is subject to the restrictions and regulations governing use; building heighq lot area; lot
coverage; setbacks, etc. for the ARRD zone district as contained in Section 3.02 of the Garfield County
ZonitgResolution of 1978 as amended and in force on January 12,2004 (the date PUD Rezoning approval
was granted). The following paragraphs are excerpted from the Zoning Resolution of 1978 and contain the
applicable regulations and restrictions for the Ranch at Coulter Creek PUD.
3.02 A/R/RD .. AGRICULTURAI,/RESIDENTIAL/RIIRAL DENSITY
3.02.0r Uses. b], right: Agricultural including farms, garden, greenhouse, nursery, orchard, ranch,
small animal farm for production of poultry, fish, fir-bearing or otler small animals and
customary accessory uses including buildings for shelter or enclosure of persons, animals
or property employed in any of the above uses, retail establishment for sale of goods
processed from raw materials produced on the lot;
Guiding and outfitting, and park;
Single-family dwelling and customary accessory uses. (A. 86-09)
Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision
or subdivision exemption or guesthouse special use approved after 7195 and meeting the
standards in Section 5.03.02.
Uses. conditional: Aircraft landing strip, church, community buildings, day nursery and
school; group home for the elderly. (A. 97-60)
Boarding or rooming houses, studio for conduct of arts and crafts, home occupation, water
impoundments. (A. 86-09;87- I 08)
3.02.03 Uses. special: Airport utility, feedlot as principal use of the lot, crematori.um, agriculture-
related business, resorts, kennel, riding stable, and veterinary clinic, shooting range
facility(A.98-108);
Two-family dwelling, camper park, ski lift and trails; broadcasting studio, communication
facility, corrections facility, storage, storage of heavy equipment, golf course driving
range, golf practice range and accessory facilities, commercial recreation facility/park;(A.
97-60;97-II2) Mass Transit Facility (added 2002-LZ)
Public gatherings; storage of oil and gas drilling equipment; Site for extraction, processing,
storage or material handling of natural resources; utility lines, utility substations;
recreational support facilities and guest house. (A.79-132;80-64; 80-180; 80-313, 81-145;
81 -263 ; 84-7 8; 86-9; 86-84 ; 86- 1 06; 87 -7 3 ; 99 -025)
Accessory dwelling unit meeting the standards in
after a public hearing or meeting after 7195.
Kennel
3.02.02
Section 5.03.02 for any lot not created
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3.02.04
3.02.0s
3.02.06
3.02.07
3.02.08
Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option
(2003-r7)
Maximum Lot Coverage: Fifteen percent (15%).
Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50)
feet from front lot line, whichever is greater; (b) local streets: frffy (50) feet from street
centerline or twenty-five (25) feet from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line, or one-half (i/2) ttre height of the principal
building, whichever is greater.
Maximum Height of Buildings: Twenty-five (25) feet.
Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations).
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BLM PROPERTY
BLM PROPERTY
Open Space Tabte
Usesble Open SPace: 293.28 acres
Limited Opcn Space (slopes >25Vo)z 5.E0 Acres
Total Open Space: 299.08Acnes
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Ditet October,2003
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ffi Common OPen SPace: 299.08 Acres
Lot Area (outside building envelopes):
Building EnveloPes: 50.90 Acres
Internal Roads: 18.10 Acres
Ranch Facilites Building Envelope: 7.57
Utility Zonez 2.41 Acres
Total Acreage: 416.05
Noto: open speoo aofoag€ inloudes "Ranoh Facilities Building Eavelopo" **olra.
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Scale: I"=600'
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Ranch at foulter I
Figure 4