HomeMy WebLinkAbout10 - Resolution 98-45111111111111111111111111111111111111111111 19111 Illi 1111
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STATE OF COLORADO )
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Courthouse in Glenwood Springs on Monday, the 22nd day of June, 1998, there were
present:
Marian 1. Smith, Commissioner/Chairman
Larry McCown, Commissioner
John Martin, Commissioner
Don D. DeFord, County Attorney
Mildred Alsdorf, Clerk to the Board
The following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 98-4 5
A RESOLUTION CONCERNING APPROVAL OF THE BATTLEMENT MESA
COMPANY APPLICATION FOR AMENDMENT TO THE BATTLEMENT MESA
PLANNED UNIT DEVELOPMENT ZONE DISTRICT TEXT
1111 WHEREAS, the Battlement Mesa Company has filed an Application with the Board of
County Commissioners of Garfield County, Colorado, for approval of amendment to the Battlement
Mesa Planned Unit Development Zone District Text
WHEREAS, the Board of County Commissioners has now considered that Application.
WHEREAS, based upon the evidence, sworn testimony, exhibits, study of the comprehensive
plan for the unincorporated areas of Garfield County, comments from Garfield County Department
of Regulatory Offices and Personnel, and the Garfield County Planning Commission and comments
from all interested parties, this Board enters the following findings and conclusions:
1. That the applicant's application was filed with the Building and Planning
Department of Garfield County;
2. The Garfield County Planning Commission reviewed the Application and
recommended approval of the Application on March 11, 1998;
3. The Board of County Commissioners held a public hearing on the Application for
PUD text amendment on June 8, 1998;
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4. The hearing before the Board was extensive and complete, all pertinent facts, matters
and issues were submitted and all interested parties were heard at the hearing;
5. That the proposed PUD zone text amendment is in general conformity with the
recommendations set forth in the comprehensive plan for the unincorporated area of the
County;
6 That other than the foregoing particulars, the requested PUD zone district text
amendment meet all requirements of the Zoning Resolution of Garfield County and , further,
the requested PUD zone district text amendment is the best interest of the orals, order, health,
safety, convenience and welfare of the citizens of Garfield County.
NOW. THEREFORE BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, herein approves the amendment to PUD zone text requested herein by
the Battlement Mesa Company as follows:
See Attached
Dated this 29 day of June 1 998.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
M dred Alsdorf
Clerk to the Board
OF GARF 1 LD COUNTY, COLORADO
By �
Marian I. Smith, Chairperson
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
Marian I, Smith aye
Larry McCown aye
John Martin aye
I, Mildred Alsdorf, County Clerk and Ex Officio Clerk to 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 proceedings of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs this day of , A.D. 1998.
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Mildred AIsdorf
County Clerk and
Ex Officio Clerk of the
Board of County Commissioners
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3.0 MDR - ]'Tedium Density Residential
3.1 Uses, by right: Single-family detached dwellings, townhouse dwellings (either attached
or detached), zero -lot -line dwellings (either attached or detached), two-family and
multiple -family dwellings, and customary accessory uses including buildings for shelter
or enclosure of animals or property accessory to use of the lot for residential purposes,
and fences, hedges, gardens, walks, and similar landscape features; park.
Temporary real estate sales offices and model homes used only for the purpose of initial
sales by the developer of property located within the MDR Zone District.
3.2 Uses, conditional: Church, school, community building, day nursery, fire station, and
other public uses.
3.3 Uses, special: Extraction and processing of natural resources.
3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre.
3.5 Minimum Lot Area:
(1) 600 square feet for townhouse dwellings.
(2) 2,000 square feet for zero -lot -line dwellings.
(3) 7,500 square feet for single-family detached dwellings and two-family dwellings.
(4) 9,000 square feet for multiple -family dwellings.
3.6 Maximum Site Coveraee:
(1)
For single-family detached dwellings, zero -lot -line dwellings and two-family
dwellings without common open area as part of the plat at time of subdivision, not
more than 70% of each lot shall be covered by buildings, drives and parking areas.
For single-family detached dwellings, townhouse dwellings, zero -lot -line dwellings
and two-family dwellings with common open area as part of the plat at time of
subdivision, not more than 80% of the platted area shall be covered by buildings,
parking areas and private streets.
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(2) For multiple -family dwellings, not more than 75% of the platted area at the time
of subdivision shall be covered by buildings, parking areas and private streets.
(3) A lot shall not be limited to one principal structure provided:
(A) The uses of each structure shall be allowed within this applicable zone
district. and:
(B) The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of this zone district, and;
(C) The entire lot remains under one ownership.
3.7 Minimum Setbacks:
(1) Front Yard Setback:
(A) For single-family detached dwellings and two-family dwellings:
(i) Arterial or Collector Streets: no structure shall front on an arterial
or collector street.
(ii) Local Streets: 50 feet setback from street centerline or 25 feet
setback from front. lot line whichever is greater.
(B) For multiple -family dwellings:
(i) Arterial Streets: 100 feet setback from street centerline or 50 feet
setback from front lot line, whichever is greater.
(ii) Collector Streets: 90 feet setback from street centerline or 50 feet
setback from front lot Iine, whichever is greater.
(iii) Local Streets: 50 feet setback from street centerline or 25 feet
setback from front lot line, whichever is greater.
(C) For zero -lot -line and townhouse dwellings:
(i) No lot shall front on an arterial or collector street.
(ii) Local Streets: 20 feet front setback from the front lot line, if there
is a front -facing garage; or no front setback if there is a side -facing
garage or at least 20 feet of common open space between the curb
line and the lot line.
(D) For all other uses:
{i) Arterial Street: 100 feet setback from street centerline or 50 feet
setback from lot line, whichever is greater.
(ii) Collector Street: 90 feet setback from street centerline or 50 feet
setback from lot line, whichever is greater.
(iii) Local Streets: 65 feet setback from street centerline or 40 feet
setback from front lot line, whichever is greater.
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(2) Rear Yard Setbacks:
(A) For single-family detached dwellings, two-family dwellings and multiple -
family dwellings, 15 feet setback from rear lot line.
(B) For zero -lot -line and townhouse dwellings:
(i) 10 feet setback from rear lot line if no alleys or rear utility
easements are provided.
(ii) No rear setback is required where alleys or utility easements are
provided and no automobile access is allowed across rear yard.
(iii) Where automobile access is taken across the rear yard:
(a) 25 foot rear setback where there is a rear -facing garage.
(b) No rear setbacks for a side -facing garage.
(c) No rear setbacks if there is at least 25 feet of common open
space between the alley pavement and the lot line.
(C) For all other uses: 25 feet rear setback when adjacent to residential uses
or 10 feet rear setback when not adjacent to residential uses.
(3) Side Yard Setbacks:
(A) For single-family detached dwellings, two-family and multiple -family
dwellings, 6 feet setback from side lot line. On corner lots, the side yard
setback shall be 25 feet when automobile access is taken across the side
yard; the side yard setback shall be 15 feet when no automobile access is
taken across the side yard.
(B) For zero -lot -line dwellings, 10 feet setback on one side lot line and no
setback on the opposite side lot line. No accessory buildings shall be
permitted within the required 10 feet side yard setback.
(C) For townhouse dwellings, no side yard setbacks are required, except for
corner lot conditions. On corner lots, the side yard setback shall be 25 feet
or at least 25 feet of common open space between the curb line and the lot
line when automobile access is taken across the side yard; the side yard
setback shall be 15 feet or at least 15 feet of common open space between
the curb line and the lot line when no automobile access is taken across the
side yard.
3.8 Maximum Building Height: 36 feet measured at the vertical to the final grade at the
center of the building.
3.9 Minimum Parking:
(1) For single-family detached dwellings, two (2) spaces per dwelling unit.
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(2) For two-family dwellings, two (2) spaces per dwelling unit.
(3) For townhouse and zero -lot -line dwellings, two (2) spaces per dwelling provided
on the lot or in common community open space or a combination thereof
. • (4) For multiple -family dwellings, one and one-half (1'/2) spaces per dwelling unit.
(5) For all other uses: see Supplementary Regulations, Section 10.6.
3.10 Additional Rcauirements: All uses shall be subject to the provisions under Section 10.0
Supplementary Regulations and Section 11.0 Modifications of Subdivision Regulations.
(1) For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be
provided on the side yard for the adjacent lot.
(2) No portion of any building shall extend beyond lot lines or into public easements
or public rights-of-way.
(3) For zero -lot -line and townhouse dwellings, no windows or openings shall be
allowed in a wall abutting a property line that faces into an adjoining lot.
3.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82-121)
(1)
An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which
occupies an individual platted townhome lot, and shares one or more common
property lines with a directly adjacent and abutting townhome lot, and shares one
or more common building walls with said adjacent and abutting townhome
dwelling, and extends from the lowest to the highest point of the building between
said. common- walls.
(2) A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which
occupies an individual platted townhome lot and does not share any common
property lines with any other townhome lot, and said townhome lot is surrounded
by dedicated community common area.
(3)
An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit
which occupies an individual platted zero-Iot-line lot and shares one common
building side wall with an adjacent lot zero -lot -line dwelling, and extends from the
lowest to the highest point of the building between said common walls.
(4) A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit
which occupies an individual platted zero -lot -line lot and does not share a
common building side wall with an adjacent lot zero -lot -line dwelling.
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Battlement Mesa P.U.D.
Amended & Restated Zone District Text
Approved June 8, 1998
4.0 CAR - Central Area Residential
4.1 Uses, by right: Single-family detached dwellings, townhouse dwellings (either attached
or detached); zero -lot -line- dwellings (either- attached- or detached);, twcr farnily. and -
multiple -family dwellings, and customary accessory uses includingbuildings fou_ shelter_
or enclosure of animals or property accessory to use of the lot for residential purposes,
and fences, hedges, gardens, walks, and similar landscape features; park.
Temporary real estate sales offices and model homes used only for the purpose of initial
sales by the developer of property located within the CAR Zone District.
42 Uses, conditional: Church, school, community building, day nursery, fire station, and
other public uses.
4.3 Uses, special:
(I) Extraction and processing of natural resources.
(2) Guest Suite within multi -family dwellings when in conformance with the
requirements of the Garfield County Zoning Resolution, as amended, and the
following additional provisions:
(A) Guest Suites may be converted to long term use, provided long term
tenants are advised of the guest suite use of other units in writing prior to
signing of a lease.
(B) Conversion of long term units (rental by the month) to Guest Suites may
be allowed when the following conditions have been satisfied:
(i) Guest Suites shall be concentrated within a single structure or
grouping of structures located so as to minimize the possible
conflicts between long term tenants and Guest Suite tenants.
(ii) Long term tenants located within a multi -family complex where
common facilities such as, but not limited to, parking and access
drives or recreation facilities shall be notified of the public hearing
to review a Special Use Permit application in accordance to the
procedures of the Garfield County Zoning Resolution, as amended.
(iii) All long term tenants occupying a unit designated for conversion
to a Guest Suite as approved by the Special Use Permit shall be
released from the terms of any verbal or written agreement
requiring a minimum time period for rental of the unit, and an
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alternate comparable unit made available to the tenant, and the
expense of moving to an alternate unit in the area shall be paid by
the lessor. Long term residents shall be allowed to reside in a
building being converted into Guest Suites, if they so choose.
(iv) All long term tenants within the housing complex where certain
common facilities (parking, drives, common recreation facilities,
etc.) will be utilized by both long term and Guest Suite tenants
shall, within 10 days of approval of the Special Use Permit, be
advised of the Guest Suite use of other units and facilities, in
writing.
(v) Management and maintenance response shall be available twenty-
four hours per day.
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4.4 ' Intensity of Use:
(1)
For townhouse dwellings, zero -lot -line dwellings, two-family and multiple -family
dwellings, a maximum of 20.0 dwelling units per gross acre.
(2) For single-family detached dwellings, a maximum of 12.0 dwelling units per gross
acre.
4.5 . Minimum Lot Area:
(1) 600 square feet for townhouse dwellings.
(2) 2,000 square feet for zero -lot -line dwellings.
(3) 7,500 square feet for single-family detached dwellings and two-family dwellings.
(4) 20,000 square feet for multiple -family dwellings.
4.6 Maximum Site Coverage:
(1) For single-family detached dwellings, zero -lot -line dwellings and two-family
dwellings without common open area as part of the plat at time of subdivision, not
more than 70% of each lot shall be covered by buildings and parking areas.
(2) For single-family detached dwellings, townhouse dwellings, zero -lot -line dwellings
and two-family dwellings with common open area as part of the plat at time of
subdivision, not more than 80% of the platted area shall be covered by buildings,
parking areas and private streets.
(. j).
For multiple -family dwellings, not more than'80%-of the platted area -at the time
of subdivision shall be covered by buildings, parking areas and private streets.
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(4) A lot shall not be limited to one principal structure provided:
(A) The uses of each structure shall be allowed within this applicable zone
district, and:
(B) The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of this zone district, and;
(C) The entire lot remains under one ownership.
4.7 Minimum Setbacks:
(1) Front Yard Setback:
(A) For multiple -family. dwellings:
(i) Arterial Streets: 100 feet setback from street centerline or 50 feet
setback from dont lot line, whichever is greater.
(ii). Collector -Streets: 90 feet -setback from- street centerline. or 50 feet
setback from front lot line, whichever is greater.
(iii) Local Streets: 50 feet setback from street centerline or 25 feet
setback from front lot line, whichever is greater.
(B) For zero -lot -line and townhouse dwellings:
(i) No lot shall front on an arterial or collector street.
(ii) Local Streets: 20 feet setback from the front lot line, if there is
a front -facing garage; or no front setback if there is a side -facing
garage or at least 20 feet of common open space between the curb
line and the lot line.
(C) For single-family detached dwellings and two-family dwellings:
(i) Arterial or Collector Streets: no structure shall front on an arterial
or collector street.
(ii) Local Streets: 50 feet setback from street centerline or 25 feet
setback from front lot line, whichever is greater.
(D) For all other uses:
(i) Arterial Street: 100 feet setback from street centerline or 50 feet
setback from lot line, whichever is greater.
(ii) Collector Street: 90 feet setback from street centerline or 50 feet
setback from lot line, whichever is greater.
(iii) Local Streets: 65 feet setback from street centerline or 40 feet
setback from front lot line. whichever is greater.
(2) Rear Yard Setbacks:
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(A) For single-family detached dwellings, two-family dwellings and multiple -
family dwellings, 15 feet setback from rear lot line.
(B) For zero -lot -line and townhouse dwellings:
(i) 10 feet setback from rear lot line if no alleys or rear utility
easements are provided.
(ii) No rear setback is required where alleys or utility easements are
provided and no automobile access is allowed across rear yard.
(iii) Where automobile access is taken across the rear yard:
(a) 25 foot rear setback where there is a rear -facing garage.
cry). No- rear setbacks. fora' side -facing garage:
(c) No rear setbacks if there is at least 25 feet of common open
space between the alley pavement and the lot line.
(C) For all other uses: 25 feet rear setback when adjacent to residential uses
or 10 feet rear setback when not adjacent to residential uses.
(3). Side Yard Setbacks:
(A) For single-family detached dwellings, two-family and multiple -fancily
dwellings, 6 feet setback from side lot line. On corner lots, the side yard
setback shall be 25 feet when automobile access is taken across the side
yard; the side yard setback shall be 15 feet when no automobile access is
taken across the side yard.
(B) For zero -lot -line dwellings, 10 feet setback on one side lot line and no
setback on the opposite side lot line. No accessory buildings shall be
permitted within the required 10 feet side yard setback.
(C) For townhouse dwellings, no side yard setbacks are required, except for
corner lot conditions. On corner lots, the side yard setback shall be 25 feet
or at least 25 feet of common open space between the curb line and the lot
line when automobile access is taken across the side yard; the side yard
setback shall be 15 feet or at least 15 feet of common open space between
the curb line and the lot line when no automobile access is taken across the
side yard.
4.8 Maximum Building Height: 36 feet measured at the vertical to the final grade at the
center of the building.
4.9 Minimum Parking:
(1)
For single-family detached dwellings and two-family dwellings, two (2) spaces per
dwelling unit.
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(2) For zero -lot -line and townhouse dwellings, two (2) spaces per dwelling provided
on the lot or in common community open space or a combination thereof.
(3) For multiple -family dwellings, 1''/ spaces per dwelling unit.
(4) For all other uses: see Section 10.6 of Supplementary Regulations.
4.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0
(Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations).
(1) For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be
provided on the side yard for the adjacent lot.
(2) No portion of any building shall extend beyond lot lines or into public easements
or public rights-of-way.
For zero -lot -line and townhouse dwellings, no windows or openings shall be
allowed in a wall abutting a property line that faces into an adjoining lot.
4.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82-121)
(1) An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which
occupies an individual platted townhome lot, and shares one or more common
property lines with a directly adjacent and abutting townhome lot, and shares one
or more common building walls with said adjacent and abutting townhome
dwelling, and extends from the lowest to the highest point of the building between
said common walls.
(3)
(2) A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which
occupies an individual platted townhome lot and does not share any common
property lines with any other townhome lot, and said townhome lot is surrounded
by dedicated community common area_
An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit
which occupies an individual platted zero -lot -line lot and shares one common
building side wall with an adjacent lot zero -lot -line dwelling, and extends from the
lowest to the highest point of the building between said common walls.
(4) A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit
which occupies an individual platted zero -lot -line lot and does not share a
common building side wall with an adjacent lot zero -lot -line dwelling.
(3)
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