HomeMy WebLinkAbout4.0 Staff Report PC 03.11.92REQUEST:
APPLICANT:
PLANNER:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
ZONING:
ADJACENT ZONING:
PROJECT INFORMATION AND STAFF COMMENTS
PC 3nll92
Sketch Plan review of the Wood
Landing Planned Unit DeveloPment
Gene R. Hilton
Woodruff Associates
A tract of land located in Parts of
Section 4, T65, R9lW; more
particularly described as a tract of
land located approximately one (l)
mile southwest of NewCastle, offof
County Road 335.
The site consists of 9l acres.
Proposed central water sYstem.
Proposed central sewage treatment
system.
Three (3) interior roads offC.R. 335.
Wood Landing PUD
A/I, A/R/RD and O/S
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel of land is located in the following Comprehensive Plan Management
Districts:
District A - New Castle Urban Area ol Influence
District D - Rural Areas/Moderate Environmental Constraints
District F - River/Floodplain Severe Environmental Constraints.
See map on page )5
DESCRIPTION OF THE PROPOSAI
A. Site Description: The subject property consists of approximately 90 acres, 23 of
which are located on the south side of C.R. 335. This land consists of a steeply
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sloped pinion juniper hillside. The majority of the site, situated north of the
county road, consists of a broad, flat river terrace adjacent to the Colorado
River. The bulk of the area is irrigated cropland. At the east side of the parcel
is the Garheld Creek drainage. The north boundary of the property is the south
bank of the Colorado River. Portions of the property are located in the
regulated floodplains of the Colorado and Garheld Creek'
Development Proposal: The applicant is proposing to subdivision the property
into 317 Single Family residential lots on 58 acres with an average lot size of
5,400 square feet. Included is the zoning approval, but not shown on the map,
are 2 commercial lots. Approximately 30 acres of the site would be dedicated
as open space, the majority of which is unusable ground on the south side of the
County road.
Background: In October of 1980, by Resolution No. 80-258, the Wood Landing
PUD was approved by the County. The PUD would have a maximum of 317
residential lots and two multi-purpose commercial lots on the approximately
91.0 acres of land included in the PUD. As a condition of approval, the
developer, Gene R. Hilton and Ranch Investment Corporation, were required
to agree to making improvements to County Road 335 to alleviate traffrc
problems that would result fromthe development olthe project. An agreement
to that effect was signed in January of l98l (see enclosed resolution and road
agreement).
Inthespring of 1987, public hearingswereheld toconsidertherevocation of the
Wood Landing PUD and reversion to the original agricultural zone district.
Section 4.09.01 of the Garfield County ZorurgResolution of 1978, asamended,
states that "the applicant must begin development of the PUD within one year
from the time of its final zone change approval, provided, however, that the
PUD may be developed in stages." Section 4.09.02 states that "if the applicant
does not comply with the time limits imposed by the preceding subsection, the
County Commissioners shall review the PUD and may revoke approval for the
uncompleted portion of the PUD, or require the PUD to be amended, orextend
the time for completion of the PUD.' The applicant was granted a three (3) year
extension, with all original conditions and obligations remaining in effect.
In May I 991 , the applicant was notified that the extension of time granted by the
BOCC had expired due to inactivity. Again, it was staffs intention to begin
processing the reversion of the zoning. This matter was presented to the
Planning Commission in July 1991. The Commission agreed to grant al20 day
extension of time to the applicant to prepare an economic leasibility study. The
Planning Commission extension expired on November I l, 1991. In January
lgg2, the applicant filed a Sketch Plan application. No economic feasibility
study was submitted.
III.REVIEW AGENCY/PI IBLIC COMMENTS
1.Tom Stuver: Stuver & George represent the RE-2 School District. Concerned
that the $200 per lot School Impact Fee is grossly inadequate when compared
to the cost of educating students (see letter on page J to l.
Division of Water Resources: Augmentation plan provides adequate water
supply. Made recommendations ormatters to be addressed at the Preliminary
Plat stage (see letter on page J f ).
B.
C.
2.
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3. Kenneth Collins: Expressed numerous concerns about the project (see letter on
paee f,1 ).
w.MAJOR ISSIIES AND CONCERNS
Section 3.23 of the Garfield County Subdivision Regulations states that "the
Planning Commission shall review the application for consistency with the
standards and policies set forth in the lbllowing:
A. Garfield County Subdivision Rr:gulations;
B. Garheld County Zorung Resolution;
C. Garfield County Comprehensive Plan;
D. Garheld County Road Standards and Policies;
E. Garheld County municipal comprehensive plans and municipal
regulations, as applicable; and
F. Other applicable local, state ancl federal regulations, resolutions, plans
and policies, as applicable."
Physical Constraints: The development site is subject to certain physical
limitations. The property encroaches into the regulated floodplains of the
Colorado and Garflreld Creek. Development in these areas would be subject to
County Floodplain Regulations and federal regulation by the Army Corps of
Engineers. Some of.the floodplain delineation is based on obsolete data which
some reviewed and revised accordingll, prior to any future consideration.
The geotechnical report indicated that large portions of the subdivision site are
encumbered by potentially expansive clays. The report states "where the clays
are encountered foundations must be designed with the expansive potential of
the subsurface soil in mind." These conditions may require engineered
foundations for a considerable portion of the subdivision. A more detailed soils
evaluation should address the impacts of these clayey soils and their practical
effect on development potential.
The area of'the subdivision located south of the County road is rendered
undevelopable due to soil conditions and steep slopes.
Lot Design/Layout: The Sketch Plan identifies 313 residential lots. These lots
are accessed by a network ofthrough streets and cul-de-sacs. The interior roads
exit the subdivision at three (3) points onto the County road. The average lot
sizeis5,400squarefeet, considerably smallerthantheminimum allowed in other
zone districts. Only single family residences built to UBC standards would be
allowed . The approved zoning reqr.rires the developer to provide a park,
baseball held and other recreation features.
Roads: The proposed roadway system does not appear to meet the requirements
of 9:36 of the Subdivision Regulations (see enclosed on page 3 I ). A number
of the through streets would presumably be classilied as major and minor
collectors. The requirements for additional right-of-way may eliminate a
number of lots. A preliminary plan should depict roadways designed in
accordance with County standards. No waivers to County standards were
approved as part of the PUD approvarl.
l.
2.
3.
4.
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5.
The proposed development may generate upwards of 3000 vehicle trips per day
onto C.R. 335. Presumable, the bulk of these trips would proceed eastward on
the County road. As a part of the zoning approval, a road improvement
agreement was adopted between the County and the developer. This agreement
requires the developer to perform right-of-way acquisition, grading, drainage,
surfacing and bridge construction to C.R. 335. This agreement is still binding.
Water/Sewer: The applicant is proposing to construct community water and
sewer systems to service the development. It appears that the applicant has
adequate legal water supply. No reference to the distribution system has been
discussed. The wastewater would be handled by a package plant located at the
southwest corner of the subdivision. Preliminary designs and evidence of
approval from the State Department of Health would be necessary as a part of
the Preliminary Plan.
Fire Protection: The zoning approval mandated that the developer provide "a
fire-station site, building space, 314 ton truck with a 'drop-in' unit and other
equipment to the Silt-New Castle Fire Protection District (estimated cost in 1980
- $18,000), which station should provide needed fire protection..."
Comfliance with Zoning: The proposed development would need to comply
with all requirements of Resolution 80-258 and any applicable requirements of
the Zoning Resolution. The application appeam to comply, at least superficially,
with the requirements of the PUD resolution and other applicable standards.
Comfrrehensive Plan Issues: The applicant has not addressed the
Comprehensive Plan in the application
Agriculture: (Policies: 1,2, 3 and 4) The proposed site is irrigated
cropland. The increase in residential activity may create
conflicts between residential and agricultural uses.
Housing:(Policies: 2, 3, 4, 5 and 6) There is currently an abundance
of platted lots in the vicinity both at Castle Valley Ranch
and Riverbend. The development will offer one (1) type of
housing apparently to frll a low to moderate income
market. The development may not have adequate
separation from adjacent agricultural uses. No reference
to energy effrciency is discussed.
Recreation/Ofren Snace: @olicies: 1,2,3,4 and 5) The applicants are
providing recreational facilities as required by zoning.
Provisions for perpetual protection of open space areas
should be provided. Public access to public lands (DOW)
is not addressed. The plan provides for access to the river
through the subdivision.
Transfrortation : (Policies: 2, 3, 4,5, 7 and 8) The applicants are obligated
to make improvements to the adjacent County road. The
proposed street plan is auto-intensive and exceeds the
minimum number of access points. The interior road
system has excessive intersections and poor circulation.
The development is removed from commercial and
industrial opportunities.
6.
7.
8.
l)
9.
Water and Sewer Services: (Policies: 1,2,3, 5 and 6) The proposed
development will require the establishment of new water
and sewer systems. The development could conceivably
connect with an existing system just upstream at
Appletree/Mountain Shadows. High density development
should be encouraged to develop in areas with an existing
central water and sewer facilities.
Fnvironment: @olicies: l, 2, 3, 4, 5, 6,7, 8 and 9) The sole area of severe
constraints are the floodplains, where no development has
been proposed. No major air or water quality problems
have been identified. Soils on the site may be limiting due
to the presence of expansive clays. The development
should not result in any vegetative removal or cuts and/or
htls. The open space area to the south of the County
Road has been identified as critical deer winter range.
Community Services: The applicants are obligated to make improvements
for hre protection services. The local fire district is a
volunteer organization.
The Sketch Plan process is purely informational. Completion of the Sketch Plan
process does not constitute approval of the proposed plan.
The Sketch Plancomments shall be valid foraperiod not to exceed one (l) year
from the date of the Planning Commission review. If a Preliminary Plan for the
proposed subdivision is not presented to the Garf,reld County Planning
Commission within this period, the applicant shall submit an updated Sketch
Plan application to the Planning Division for review and comparison with the
original application.
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NISTRICT A:
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Urban Area of Influence
Rural Areas/Moderate Environmental Constraints
River/Floodplain Severe Environmental Constraints
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ffi PISTRIcLD:
DISTRICT F:
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SUBJECT: WOOD LANDIl.,IG SUBDIVI!JION
I t{t-ttJLD t-I}i.E Tn EXF'RESS NY EONCERN REEARDING ]'t'lE WOOD LANDING
SUEDIVITJION. IT I5 NY UNDERS]'ANDIT.IG T1-IAT T}{E DEVELOPER IS F'ROF'OsII'IB
f,tEl SINGLI: FANIl-Y l)t\,Et-t-INGE, I WOI.JI-I) SIJtiGEST TIJ/\T Tl-lI5 DEVET-OFI4ENT
NO'T T]E AF'F'f1T]VED FO]T TI.IE F'OLLOWINE REASI]NI5:
l. l.ilGt"l DENsiI-ry DEVI:I-.oFI4Et{-r suc}{ AS l'}{Is ARE t-lor DESIGNED FCIr{ Lol,.|
DENSIT.Y FAT{MINE, RANC}1IT.IG, A[.ID WILDLIT:'E RESERVE: AREAS A5 TI{IgJ
AEE:A IS. 'T}{IS TYF'E OF DE.VELO]:'I'IENT IS NOT EONSISTENT WITH TI{E
E.).(Is-rING I,tEIGt-tnor{HooD At'lD t,tILL uAUsE ENVIRohlMtlN-r AND DETRII'IENTAL
FIINBLF-NS TT] T'HIS AREA.
II\IDI,J5.TNY AF]EIT INDUT]TIIY I{A5 E{EEN TURNED DOWN TO F'RESERVE THIS
RURAL I.If:E $TYLE }.IERE. A HIIJ}.I DENSITY DEVE:LLIF'I'IE.I{'T LIIt:E THI!3 I5
tty Ft\R Wonslt To RUF:AI- LII:E STYI-E T'i-lEN ANY oF TIIESE It'lDLJsT'RIEti TUI1NED
DT]WN IN 'T[{E PAST
IIOAD A}'ID -I'RAFFII SAFETY:
THE RCIADTJ AT'AND AROI.JND THE DEVELOF'T1ENT TJII'E WERE NOT AND ARE
NOT DE:SIG}.IE:D FOR 1'I-IIS TYF'E T]F TRAFFIC TI-{A'T T}'IITJ TYF'E O[: DI'-VELOFT4ENT
U,It-t- Br{I},t8, T'l-.tE tl-rr\Dti UAt'l EAFIEI-Y }{/\I'IDLE TllE T'RAFFIC Not^l- DIJRIn'lG
F,EAI,I I{OTJRS AT.ID h,II,IT'ER 'rII4E, SAFETY fIROBI.-E:PIS ALREADY EXIS'T' WI'T}'I T-ESTI
'fi{EN A FOUtl I-ANE RUA\D Fr{OH NEtl {l/\STt-E UVERFA!]S TO T}{E SILT OVEIIFASIi'
ROAD 3I:J JIJST CAN T.IOT'I.IANDLE -r}.II5 TYF'E: OF I'IIAFFIT] 5AT-ELY' THI5 WILI-
l]N$ T}{E TAX F'AYE]IIJ UUIT A HURNEI.{,
WIL.DLIF'E ]IES]ERVH:
A F:EW yEAt{S t\tilt Hf{ HILTIIN T'RADED LAIID TO IlE USED f:OR I^IILDLIFE
RESERVE IN T1{I5 AI1E'\, DDW I.{A5 iiF'ENT HILI..IONIJ OF I]OLLARS DN TI'II5 AND
I:ERT/IIT{LY }-IA5 A INVETiTI'IENT T'N FROTECT. ALS[] TI-IERE ARE ENDANEERED
SJFECIE:I| HERE: (EAGI..ES AS ONE OTT T].IEN) AND WOLJLD }JAVE TO }-IAVE /\ BUFFER
ZLI|..IE [:OR T']{EI'I AI.-T]NE. (MAYEII: TJOME }{INTJ T}.IE $IERRA EI-UE T'IT]ULD I\'ANT Tt]
LUOII: It,lT'U). $EWE[] SYSTEM DISFOSAL ]{AS TCI GO Stll"lEh,l{ERE AND AF-IER
SF.EhIDIT.IG T'}II]I.JSAND5 T]F I]OI..I../TR$ REARIhITJ AND STOC}'IINE FISH T:OR THE
[:OI-ONADT] RIVE.R, THIS UIOULD DEFINA'TE.LY HAVE -TO BE LON]'';ED INTO. ALSO
CEt\lE[1t]TIBt.l At{D Dt]l'lESTIC FETS DO tlOT FIT'INTO Tt1I5 TYFE OF /\REA.
4. ADJACEN'I LAND 0[^INER:
A FHIrJ YEARS AGO Nr{ }"IILT'ON U(lt-D HE T}{I5 FRUFERTY ADJAEENT T0 T'}-lE
FtrCIF'OSjED DEVE:LOFI'IEN-I SITE ir.I.lUWING FULL WELL THE ;1E/\5UN WE EOUGT{T
F{E:HE t^,AS BECAI"J$H tlF T}{H t-Ol,,l DENSII'Y RUfiAL 1-IIrE STYLI: T'I{AT hl0t{ H){IST.
HE TOut,t f4y ptONEy oBVI6tJSLy Tt-lINt{.INti 0t: THIEi FF:OFIISE:l) DE:VEI-OFt'IENT AT'
'T'i-tti gj/\NE: T'IME, A|-SO t,;NtJNIhltj 1-[-l/11- A DEVELOFNENT ]-It,:.E THIS WUULD CAUIjE
/\ BURpEN TO NE ANI) MA|,:.H r,lY FtiOFEtiT'Y VALUE EU DUt^lI'l ANID NOTgil-\YINti A
Utnf(t) 1CI I4E ABOLII'IT A1'T']1AT T'It'lE, t-ADIES AND EENI'LEl"lEN A TI1UE Nlll'E
Igi htCIT'tlrINlG EiT'RlJCt':. [18.]iE FOR SUI{H REASON. I-rHoutiH"r IT tllA5 FttOF'E[t
f:trtl /"\hl ADJA(:t]N'T l-,At!D nh,NEf{ 10 GET i\ tIOTICE nF AND AND ti}'IETUH FLAN
I]F'A DI.:VE:I..T]F'NE:hII'SI"Jf,t.I AS I}"IIS I{}{IT]II I I-IAVE RE.CEIVE:D NNTHIhIG'
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5. SL:].IOOLS:
T}{H INCREASED EI'IF(OLLI"IEN'T AND TRANSFORTATION LOAD ON AN ALREADY
OVERLOADED SC]IOOL sYSTE.I,I IS EOING TO F,UT AN EVEN LARGER BURDEN ON
THE T'AX FAYEITS OF T'}IIS AREA.
b. HTJUSING DEVEL.OFMENT NOT NEEDED BECAUSH OF THE FOLLOWIIIIG:
I. EITIC WII-LIANS }{OUg]INTi DEVELOF.T4ENT },IEW CASTLE
?. AI]F,LETREE F/}RI{: AND T,IOUNTAIN SI.IADOW SUEDIVISION NIEh.l CASTLE
3. UEttISE l{OL.,SIhltr' !)EVEI-OFMENT SIt-T
4. RIVHITBEND I"IOIJ5IN6 DEVHLOF,NENI'
5. ]-nW INEtll,lE ]{OUSING DEVEI-BF}4ENT IIEST GLENWoOD
AL.L OFTHESE ARE IN CONSTRUCTION NOt^,, DO NO'f EXF,ECT TO BE EOHFLETED
AND !3OI-D FOR SOI',IETINE IN T}{E ITIJT.I"JFTE.
I REAI-I-Y OUESTION THE NEED FT]R A DEVELOI:.MEN.T SUCI-I AS THIS FCIFT
AL.I.. TI.IE FREVII]US STAT'ED I1EASONSJ AND IJO FAR FRO]"I TOhJN? REGIUIRING
ADDITIONAL BURDENS ON SERVIEIES TO AN ALREADY OVER TAXED COUNTY.
THAN}{: YOU
],:ENT,IETH R. COL.I-IN5
383? COIJNTY ROAD 335
NEW CASTLE, CO. A164,7
(30.1) 984-.??41
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ii{l'l t;' ROAl) It'll'ltovlilllillT ACI(l':l':rullT
.l,tfif:\t ,,,r, AcRtiEluIIIr,,maclc and enccrcd inEo rhis Srtt day of
parCy of Chc f irs E ParE, ([creitlaf Cer ref errcd Eo as "tlte
Developer"), ancl TIlti BOARD 0F C0tillTY COId'lISSI0ll[RS OIr GARFIIiLD
CQUNIY, COLOITADO (fiercirtaf Eer referrecl Eo as "CounEy")'
lIITIIESSET}I
WIIEREAS, the Developer is Ehe ovrner and holder of porEions
of Lous 8, g, L2, SIir/4 SI'lr/ 4 of. Sectiorl lt, LoE 10 of secEion 5
and IMI/A NE1/4 of Sec[ion 9, Township 6 sourh, Range 91 WesE of
the .6ch P.U., Councy of Garf ieId, srate of colorado; and
WIIERIAS, the CounCy is authorizecl by Ehe provisions of
c.R.s. 1973, 30-28-10I, et s€Q., Eo provide for Ehe physical
developr,renC of rhe unincorporated terriEory within the County
and by the provisions of C.R.S. 1973, 29-20-10/+ to plan for and
regulate the use of lancl by regulating de,velopraent and activitics
in hazardous areas, regulating the location of activities and
developnenfs r"'hich may resulL in significant changes in popula-
tion densicy, providing for phased development of services and
facilities, and regglaUing the use of land on the basis'of the
i-urpacE thereof on Lhe comnunity or surrounding areas; and :.
llHIiR[AS, Ehe Developer, pursuant to apPlicable CouuEy regula-
Eions and resolurions, has made application to the CounEy for a
zone district anendmenE and plauned unif developmenE approval
to perm1.f -the construction and development of 317 residenrial
lots and Ewo multi-purpose conunercial lous on the- above-described
properuy (which pl'anned ur:j-r developmenE project is knorsn. as and
hereiriafter referred Eo as "lJood Landing")i and
a ptrblic.
on the
lnlERIiAS, E[€ Counry has caused to be constructed
roacl known as County'Road 335, which road is siEuate
Eoutherly side of the colorado River between A]kali
Divide Creek; and
mlERnAS, Ilood Landing is adjacent to said Courrty Road 335;
and
WIIUREAS, other Persons also use or f,Iay use such road for
any Iawful purposes, and neiEher Party can prohibit the Lawful
Creek and
.
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. u,o co wlriclt suclt I0:iu is lrut by oEltcrs; ancl o
t,IIlURliAS, siglif icatrE anroullLs of addiCional Craffic will bc , '
. generaced on said Col,rcy Roa,l in E5c evcllg resiclerruial and'
Comrncrcial imProvcnlctlt-s ar-c Pcrmitted Eo be collsErucEcd upon
Wood Landiug; and
$lIlliREAS, ttre counry has dct-ermined Ehal- Ehe traf f ic irnpacc
of wood Landing upoll councy Ito;rd 335 as ir prcscnCly exists, ruould
consEiEuEe a danger to Ehc public safery which would PrevenE che
Counfy from approving E[e proposed zone clisfricr amendmenE and
planned unic develoPnenE; and
WIUREAS, the Counry is unable to SranE the requesged zone
disEricE, anendment ancl plan allproval unless Ehe Developer shall
enEer inCo an agreemelrE to provide certairr improvenenEs Eo such
road, 4s herein Provided; and
vlllERIiAS, Ehe parCies agree that such road as inicially con-
sEructed was never intentled to supPort the increasecl traffic
which would resulr from rhe coltstruccion bnd development of Wood
Landing; antl
WIIEREA'S, t5e Councy by its Resolurion No. B0-258 duly aciopced
on OcEober ?7, 1980, has inclicated that ir would'aPProve rhe
above-EilenLioned zone dis crict amendment and plarrned urliE develop-
ment for Wood Landirrg subj ect to cercain conditions, one of which
ts thaE Ehe Developer enter inEo and perform an agreement with
Ehe CoulEy wherein tfie Developer would, 4E Developerts exPense,
agree ao.::r," certaitr reasonable and necessary improvements to
county Road 335.
NOIJ, TltERlFORIi, in consideracion of .thc premises and of rhe
covenalEs herein coutainetl, iC is agreed as follows:
I. AtEached hereEo as Exhibiu "A" is a narraEive descrip-
Elon of Ehe presenc contlition o! CounEy Road 335 which the parties
agree fairly and accurately represents the presenE facEs as Eo tl"
construcEion of such road and its presenE condicion and a naxraEive
descripcion of the consErucEion thereEo to be provided by Ehe
Develoller.
' 2. The Developer agrecs Eo conEracE wiEh att engineering firm
to design antl provicle the necessary engineering services foi the
I
road improvemants describcd in Paragraph 1'above' The Devcloper
agrees that the engincering firm to be employed as above provided
shall be subjecg to'the prior approval of thc County, which ap-
proval shalI not be unreasonably withhelcl. NoLwithstancling th:
above, Elclorado [:ngineering or KKBNA, rnc. are approved' said
engineering firm shaII also be resPonsible for preparation'of
any necessary specifications or drawings. In addition, said
engineering firm shalI be responsible for periodic inspection
of construction of said roacl improvements as required
3. The Developcr or Engineering Firm shall keep the county
apprised of all construction activities and shaII furnish the
County with all required test results, soil reports and other
data , if afly, accumulated in the construction of the road'
4. The parties acknowledge that a portion of the road im-
provements contemplated by this Agreement require relocating and
reconstruction of certain portions of County Road 335 over and
't
across 1ands not presently owned by the'County. The Developer
wilI provide the county with a description of the improvements
as constructed and will furnish the sixty-foot rights-of-way an'f
evidence of legal title sufficient to provide the County with a
right-of-way, Ers provided for in Exhibit. "A", across any ProPerty
that must be acquired for road relocation. In the event the
Developer is not able to acquire such rigfrts-of-way by the time
.of recordation of the final plat of Wood Landing, the Developer t
shall by that date provide the county with all documentation
necessary to establish the value of the properties to be acguired,
including an adequate appraisal by a mutually acceptable member
of MAI or equivalent, and the County shall then proceed With
condemnation proceedi1gSr if necessary, to acquire the necessary
rights-of-way to pe.rmit construction to proceed as contemplated
by this Agreement.
5. The Developer shall pay directly foL all construction
and shall pay for or reimburse the County for all costs associated
with road developmenL, all as provided for in Exhibit "A", including,
butnotlimitedLo,reasonableattorneyrsfeesandappraisals'
and right-of-way acquisition costs, the amount of any condemnation
awards and,/or for the amount of any negotiated settlement with the
lancl owncr providcrl thab, such negotiatccl scttlemcnt shaIl have
been approved by thc Developcr in writing prior to or concurrently.
with the negotiato<l'scttlcmcnt. In the event the County'shalI not'
havc obtained possession of any right-of-way on or before 90 days
following recordation of final plat of t'loocl Landing' the Developer
shall not be required to realign any portion of county Road 335
for which the county has not obtaincd the necessary right,-of-way,
but the Developer shall chip and seal (as defined in Exhibit lrArr)
the existing roadway rvithin the existing right-of-way.
6. The acquisition of a11 necessary rights-of-way, Iega1
title and alI associated road improvement costs and all funds
advanced-by the Developer and the fair market value of all pro-
pertieS conveyed by the Developer to the County for these purPoses
shall be collectively considered grants-in-aid from the Develoner]
to the county. Thereafter, ds in the past, county Road 335 shall'
continue to be the .property of the County and the Developer agrees
that it will have acquired no interest tin the improved realigned
road. Private uses in the existing ri.ght-of-way will be either
preservge' or transf erred to a new location, the expense of which
rvill be t.reated as road relocation expense ' Sdid road is being
paid for by the Developer under this Agreement solely to comPly
with terms and conditions imposecl by the county's Resolution No'
gO-25g in connecLion rvith the rezoning and planned unit' development
application related to I'Iood Landing. Any portions of, the present
road which the County may determine no longer to be required for
public use because of realignment of County Road 335 shall be
vacated by the County and become the property of t'he adjoining
landowners as provided by C.R.S. Section 43-2-113 (1973)', and
the Developer likewise sha1I acquire no interest therein except
to the extent that any of them is the adjoining Property owner'
The roadway relocation and all construction shall be completed
within 24 months after commencement of construction of public
J"mprovements in the subdivision of Wood Landing, except for road
relocation and.bridge construction at Garfield Creek, which shall
he comg)-eted prior to issuance of a certificate of occuPancy of
any building within l.Ioocl Landing. During construction no Iand
owner shall be prevented from having access to his ProPerty
3s-
-4-
excepting only construcLion delays of up Lo thirty minutes. Tho
County shalI maintain such road during construction to the extent .
feasible and after tor.rplct.ion of construcbion in a manner consis-
tenb with maintcnance which it performs with respect to similar
roads in the County prirnary road system in conformity with the
provisions of C.R.S. Scction 43-2-III (1973).
7. ft is specifically agreed betvreen thc County and the
Developer that this Agreement is being entered into based upon the
current status of development in the area affected by County Road
335, which is that no further development is under consideration
by landorvners of which the County is avrare, and conseguently the
sole reason for the relocation and reconstruction of County Road
335 is due to the development of l^Iood Landing. The Developer
has agreed to provide the road improvements'required by the within
agreement, and the Developer and the County desire to provide for
ithe contribution to such construction by any other subdivider or
subdividers whose projects wilI "r,joy In" direct benefits of the
,r,
road reconstruction which will result.from this Agreement. Accor-
dingly, the County has determined that those lands contained in
the Garfield Creek drainage and those lands contained within
Township 6 south, Range 91 west of the 5t.h P.t,t. which are south
of the colorado River, west of the Garfield creek drainage and
northeast of the Divide creek drainage, wiIl directty benefit
from the construction pro.vided herein, and the County shall reqgire
as a condition preeedent to authorization of any subdivision upon
such lands within ten years after the date of this Agreement, any
subdivider shal-l" repay to the Developers the arnount proportionately
associated with each lot thereby subdivided, at a rate of $r25.00
for each residential rot or dwelling unit and g5oo.o0 for each
non-residential acre included in a subdivision or Planned Unit
Development, except land dedicated for public use shal1 be ex:
cluded. In the event the Developer is associated with any develop-
ment in the aforedescribed area, it agrees that any such development
shall be bound by and participate in such reimbursement. ft is
expressly agreed that the total sum to he reimburserl to the
Developcr shall not exceed eighty percent (BOE) of the actual
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\.'| .i."
. cost of acquisition ancl consbruct,ion as providcd for in ExSibit ';i
,,A,,r which is cst,imat-ccl to bc s250 r 000.00. AII costs shalI bc
documented for ancl $rovirle<l to Lhe County prior to thc timc of
any reimbursemcnt obligation'
S.TheDevelopcragreestoprovidetotheCounty,concur-
rently with the f inal platting of any portion of t'lood Landing'
security and collateral to guarantee the Developers''performance
hereunder, in the form of a completion and performance bond issued
by a corporate surety comPany licensed to do busjness in the State
. of Colorhdo, in the amount of $250,000.00, to in:;ure the acquisi-
tion of land and construction of improvernents as provided for
in Exhibit "A" . It is further mutually agreed tl:at ' ds the roadtray
improvemenLs are completed, the Developer may aPllry to the Board
of county commissioners for a release of all or l)art of the colla-
teral deposited with the Board. upon inspection and approval,
the Board may release a proportj-onate amount of the collateral 't
retaining sufficient collateral to assirre completion of this
Agreement. If the Board determines that any of the roadway is
not and will not be completed in substantial compliance with the
specifications within the time herein above limited, it shal1
furnish the Developer with a written list of specific deficiencies
and shaIl be entitled to withhold collateral suffici-ent to ensure
suchsubstantia1comp1iance.IftheCountyde'terrminesthatthe
Developer wil1 not construct any or all of the i-mprovements in '
accordance with all of the specificat.ions, the (lounty may require
and shall receive from the surety such funds as nay be necessary
to construct the roadway in accordance with the specifications,
the county may require and shaI1 receive from the surety such
funds as may be necessary to construct the road'rray in accordance
with the specifications, limited-to the amount cf the completion
performance bond stated above'
9. In the event that any provision or'ProviSions of this
Agreement are found to be, or become, illegal or unenforcable by
a Court of competent jurisdiction, the remaining provisions of
.,his Ag=eenent shaLl remain in full force and e,ffect unless any
.party hercto is materially and adverse.ly affect:ed by such
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illegality or enforceability. If any parti' is sci materially and
adversely affected, such party shall have the rigtht to terminate
this Agreement by reasonable written notice to ttre other Party. It
is mutua.lly agreed that a determination by a Cour:t of competent
jurisdiction that the reimbursement terms are not: enforceable shall
not permit the termination of this Agreement, nol: excuse performance
of Developer's obligations hereunder.
10. The Developer shall indemnify and hold harmless the County
from any and aII damages and costs, of whatsoeve:: nature, which might
be incurred, in or as a result of any action resulting from the
Countyrs efforts to enforce the reimbursement provisions of this
Agreement with reference to any activities occur:ring in those portions
of Garfield County defined as the affected area in paragraph 7 hereof
including but not restricted to litigation which might result there:
from. fn the event of such litigation involving the aforesaid reim- -'
bursement provisic.rns, the Developer shal1 participate in such litiga-
tion as the true party in interest, and the County may choose to
assume the posture of a "stakeholder" in any such litigation. Inasmuch
a=as the Developer has a direct interest in the outcome of any litigation
arising from the eforts of the County to collect. the reimbursement
to which the Developer might be entitled as well as the costs and
expenses involved therein, it is agreed that the County. shall not
/
institute such litigation without providing the Developer with ten
dayst notice of its intention to commence such litigation, within
a
which period the Developer may decline any clain, to the reimbursement
at issue and the County will be released from its obligation to Pursue
such reimbursement. The County shall Elso provide the Developer
of notice of any lawsuit against the County rela.ted to the collection
of reimbursement within twenty days of service urpon the County.
Such notice shall not be required prior to the ilefense of any suit
in which the County may become involved.
11. In the event, pursuant to the provisions of this Agree-
mentr Bny party is not obligated to perform its obligations as
herein provided by reason of the default of anol:her party, or of
the failure of any condition'precedent or subsecJuent applicable
to such party, excepting any reimbursement prov:Lsions found. not
to be enforceable, then any such party who is nt>t obligated to
perform may terminate this Agreement by notifying the other party
*31 -
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in writing and thereupon this Agreement shall be t:erminated without
futher obligation or liability upon any of the par:ties hereto.'
L2. For the purposes hereof, all notices shzrll be in writing
and shall be deemed delivered either when delivere:d personally or
when deposited in the United States mail, bY certj'fied mail, postage
prepaid, addressed as follows:
Developer:Post Office Box L27 4
Littleton, Colcrado 80I60
County:Board of Count'1 Commissioners
of Garfield County
Garfield Count'g Courthouse
Post Office Bo:x 640
Glenwood Sprin,Js, CO 81601
13. Nothing contained herein shall constituEe an agreement
or admission or a declaration or ariy kind that either party is
the agent or rePresentative of the other party, and eaeh party'.'
hereby declares that no agency is hereby created between the
parties hereto.
14. This Agreement sets forth the entire understanding and
agreement.between the parties with reference to the relocation
and reconstruction of County Road 335, represents a merger of all
previous agreements relating thereto, which are deemed to be of
no force or effect except to the extent referred to herein, ancl
may not be altered, amended or modified or terminated other than
in writing agreed to by all parties hereto
15. This Agreement shall be governed by ther laws of itre Stdte
of CoLorado
15. The parties hereto agree to execute anl' further documents
and perform all further acts which are necessary or aPpropriate in
carrying out the intent of this Agreement'.
L7. This Agreement may be executed in two <)r more counter-
parts each of which shall be deemed to be an ori<yinaJ. and all of r
which shall together constitute one and the same instrument.
18. The parties hereto covenant and agree ruith knowledge
that the road improvements are of importance to 'E.hem, and for
those reasons, among others, that the parties wiLl be irreparably
damaged in the event thai. this igreemenb, with the. exception of
the reimbursement terms contained herein or any Eerms which are
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determined to be unenforceabre, is not specificatly enforced.
AccordinglY, in the event of any controversy concerning the right
or obrigation to improve the road or to perform any other act
pursuant to this Agreement, except the reimbursement provision or
any provisions which are determined to be unenforceabre, such
right or obrigation sharr be enforceable in a court of equity by
a decree of specific performance. Such remedy sha1l be cumulative
and not exclusive, being in addition to any and all other remedies
which the parties may have. The County sha11 have no responsibility
for reimbursement in the event reimbursement provisions contained
herein are not enforceable.
19. This Agreement and alI rights and obligations hereunder
sha1l be binding upon and inure to the benefit of the parties hereto,
their respective successors, heirs, personal representatives and
assigns, but this Agreement may not be assigned except with the
prior written consent of all parties hereto, which consent willtnot be unreasonably withheld. wood Brothers Homes, rnc. sharl ,'
be an app:oved assignee and the county agrees to consent to an
assignment of all rights and obligations of the Developer to Wood
Brothers Homes, fnc.
20. Time is of the essence of this AgreennenE,.
2t- It is agreed that as the various portio:rs or phases of
the construction work required by this Agreement ,lre completed,
the Garfield County Road Supervisor shall, within two (2) work1ng, .
days after written request, inspect the completed portions of the
work. The Garfield County Road Supervisor shall at the time of
making of each such inspection, give written notir:e to the Developer
of his approval and acceptance or disapproval of the construction
work then performed. Any notice of disapproval slall specify in
detail the portions of the work disapproved and t5e specific reasons
therefor. rn the event the office of Garfielcl Corrnty Road Super-
visorsha11becomevacantduringthetermofthisAgreement,the
County shall imrnediately designate another competr:nt inspector.
IN WfTNESS WHEREOF, the parties have execute<I this Agreement
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:.
as of the day and year first above written.
BOARD OF COUNT]I COMMISSIONERS
OF GARFTELD COTINTY, COLORADO
RANCH IWESTMEhIT CORPORATION
ATTES'.T:
-,,-/ I -
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Section
A
Location
.Jr-rnction oF C. R . 31 1 to
mitepost O.13
Mitepost O.13 to
mitepost O.30
Mi,lepost O.30 to
milepost 1 .32
Milepost 1..32 to
mi.lepost 1.57
Adequate base and adequate dnainage.
Fence and powerpote encnoachment.
Adequa te ni g ht-oFr,vay.
Adequate base and adeouate dnainage.
Adequate night-oF-rvay except at curve
to be nealigned
Adequate base and adequate dnainage.
Fence and poarenpole encnoachment.
Adequate rigffi-oF:ruay except at
cun/es.
Adequate bise and dnainage. Fence
and poaenpole encroachment. Ade-
quate night-oFrruay excePt at
r.econstntlcted Pontions.
D<HItsIT IIAI'
WORK TO BE PERFORMED ON COUNTY ROAD 335
Pnesent Condition Wcnk to be PenFormed
C,R. 335 to have regnadi.ng From
juncticn wi th C. R . 31 1 easter^iy
a maximum oF sOC' .
Curve to be realigned as proposed.
Reconstrr-:ction oF maximum oF3OO'
oF noaduray. Right-oF-,,vay acquisition
neouined. Irnigation pipe claced into
o;tvent unden C.R. 335.
Road sunFace above the six (6) Foot
diameten culvent located east oF the
Gdl.dman house shall be widenecl to
twenty-tw o (22) Foot width with two (2)
Foot shouldens on each s'ide. Flag-
stone on ni.ven nock shall be ptaceC
nean each end oF culvent to cneate a
nock abutment. Anea betureen existing
noad and abutment shall be Fill.ed with
nock on gnavel to sunFace level oF noad.
Two cunves (one adjacent to the gnavel
pit and one vyest oF gnavel pit) tc be
tmpnoved within ex'i.sting night oF way
by moving 15O feet oF Fence back to
nighrt oF way line and negnading.
Maximum EOO' noadrrre/ to be straightened
and inni.gation stnuctunes relocated.
Maximum 5OOr oF honizontal,/ventical curye
to be nealigned. Reiocate 3OO' oF Fence.
Ri ght-oFrruay acquisition nequi neci .
B
c
t
fiT
t
D
Section
E"
G
Location
Miiepost 1 .57 to
milepost 2.19
Mi,tepost 2. 19 to
mitepost 2.63
Milepost 2.63 to
milepost 3.25
Milepost 3.25
milepost 3.75
Milepost 3.75 to
milepost 3.95
Honse Cr eek
F
D<HIBIT I'AI'
. WORK TO BE PERFORMED ON COUNTY ROAD 335
Pnesent Condition
Adequate base and dnainage.
. Adequate night-oF-way,
Adequate base and dnainage
Adequate rig ht-oF-way excePt
at cunzes.
Adequate base and dnai.nage.
Adequate night oF waY.
Not applicable.
Adequate base and dnainage.
Fit[ anea'rchiP and seal sunFace,
Page i
\A/onk to be PenFonmed
Road to be negnaded on same
general ali,gnrnent. Road reloca-
tion not nequi.ned.
Two (2) c'Lrnves to be nealigned on
maximum 5OOr nadius. Reconscr';ction
oF maximum 3OOt of noadwa5'(west
cunve) and GOO' oF noaclraray (eaqt curve).
Right-oF-r/ay penrnii requined Fnom B. L. f'1.
Road to be negnaded. l5O' guard nail cn t-
nonth side oF road w'est of the McA.ttist="=-fl
:r
Road to be nealigned and negnaded as part t
oF subdivision imPnovernents.
,A dnainage stnuctune shalt be pncrvided at
GanField Creek, capabte oF accomodating
an HS2O I'ive load' The st'-ucture and
noadr*'ay shalt be nelocateC nontl': oi the
pnesent bnidge and may be eithen a ccn-
cnete bnidge, connLlgated meial pipe';'rith
'wingwalls' on a conc!^ete pipe with i';ing-
walls. The structune shatt be Cesigned
to accomodate a 25 yean Ftood at a mi'ni-
mum. Riqht oF wav acqutsition requined '
At Honse Cneek 2OC Feet oF gua.nC rail to
be instalied on nonth siCe or' noad.
H
F{onse Cneek
Page 3
D<HIBIT IIAII
WORK TO BE PERFORMED ON CO UNTY ROAD 335 }
ROAD SIJRFACING - CHIP AND SEAL .
Tfre .bad FFom the Junction oF County Road 335 with County Road 912 to the Junctlon of County Road 911 wlth County Road 935
shall have a th.ee (3) inch base counse oF g.avel and a twenty-two (22) loot wide chtp and geal sunFacE wlth oll aPplled at the
.ate oF .3 gallons pen square yard and chip at Fit/ (50) pourds pen square yand.
RELOCATION - ROAD SUBBASE
Sections oF tlle road requiring relocation shall llave a nine (9) inch subbase of gravel ln addition to the road surFaclng sPeclF{ad
above unless a soils aeport prepaned by a competent soils engineeaing finm sltall speciFy a lesser atnourt.
RIGHT OF WAY
The develope. shalt provide a 60 Foot .oad nighFoFv,/ay to the County Fon any road section being r\eallgned outside oF tl"e existlng
noad allgnment.
'l-he developen will attempt to secure a sixty (60) Foot noad rigtr-oFway o. road penmit (E}. L. M, ) Lom othen lando rnens along
County Road g35 between lts junctions on the west with C.R. 311 and its iunction on the east with C.R. 312 as a corwenience
to the. Co(lnty. TI€ devetoper is not nequired as a part oF this Road Imprcvement Agneement to provide a niglt oFway fon ary
road section othen tl|an aneas being nealigned on adjaceirt to the wood Landing da/elopment.
t:r:r
I
EXHIBIT A
WORK TO BE PERFORMED ON.COI.'NTY ROAD 335
7'l r
ffi
l-_..;
ri
a
::
a
STNTE OF COLORADO
County ol Garfield
d
l"
At...................f.999.}.e.f. ....meeting of rhc Board of County Commisslonerr lor Garfietd County, Colorado,
hcld at thc Court ltousc in Glenwood Springr on...............I1Onday............. .'........., thc............'2'7'th""""""day ol
Qcrph.t
-==tiiil;$Iii{*i*ttt=-....-.-.
: :::H::r
chairman
.............Ar.t.h.u.r....4.'....Ahp.IanaJ.p.....-rT.f, ,..., counrv Attornev
.............Nen.qy....$.pri.c.k..Pa.ge......D.ep.Hf.Y, ct"rr of the Board
vuhcn thc lollowing proceeding:, among others werc had and done, to'wit:
-.:. SOLUTION NO. 80-258
RESOLUTION CONCER}IED WITH THE APPROVAI OF A ZOI{E DISTRICT
A!,IENDMENT TO THB GARFIELD COUNTY ZONING RESOLUTION RNQUESTED
BY GENE R. HILTON AND RANCH INVESTI'IENT CORPORATION
WHEREAS, Gene R. Hilton and Ranch fnvestment Corporation
have filed a petition with the'Board of County Commissioners'of Garfield County requesting a zone district amendment to
rezone portions of Lots 8, 9, L2, SE/ASW/A of Section 4, o .,
Lot 10 of Section 5 and N$I/4NE/4 of Section 9, Township 6
South, Range 91 lrlest, in Garfield County, from AgriculturaL/
Residential,/Rural Density and Agricultural/Industrial Zone
Districts, to-Planncd-Utf!-Developmcn!---Zone- District and for
approval of tlr.Q-P-lgn-.gl--W9ef,...-I+anding. Planned -.Unit. Development,.
hereinafter referred to as the "development"; and
, WHEREAS, publichearingswere held by this Board on
the 5th and lSth-of August, and the 6th of october, 1980,
and the Board has personally visited the site and travelled
the af f ected highrvaYs; and
VIHEREAS, based on the evidence, testimonY, exhibits,
study of the General PIan for the unincorporated area of the
County, comments of the Garfield County Planning Department,
comments of public cfficials and agencies, comments from all
interested parties and personal observations of the Board,
this Board finds as follows: ,
1. That proper publication and public notice was
provided as required by law for the hearing before the Board;
2. That the hearing before ttre Board was extensive and
complete, that all pertinent facts, matters and issues were
submittea and that all interested. parties were heard at that
hearing;
3. That, during the public hearing process, several V
substantial modifications were made to the p1an, upon which
rnodif ications the approval of the application d.epends;
4. That the Garfield County Planning Commission has 'v,
recommende,il to this Board that the requested rezoning and
planr Ers modified through the 8th of September, 1980, be
Lpproved, provided that certain conditions be complied with;
5. That the proposed land use will be compatible with
existing and permitted land uses in all directions, except V'that present roaos serving the site are presently inadequate
to bear the additional traffic which would be generated by
the proposed development which deficiency may be susceptible
of resolution by negotiation between the applicants and the
Board;
6. That for the above-stated and other reasons,
approval of the proposed development, the proposed zoning
and proposed plan, &s modified, is in the best interest of
the health, safety, morals, convenience, order, prosperity
and welfare of the citizens of Garfield County, if certain
conditions contained herein are complied with;..
' 7. That the traffic problems related to County Road
335 , which is the only highway servingt the subject property,
are sufficiently serious that, if improvements necessary to
provide safe travel are not assured, the Board, in the interest;
of public safety, would be required to cleny the requested
zona. clistrict amendment and to disapprove the subject Planned
Unit Development plan;
8. That Garfield County has insufficient funds
provide for the required road improvements, that there
presently no evidence that additional devel6pment will
in any.location which would contribute significantly to
need for the road improvements required by the requested
Planned Unit Oevelopment plan, and that therefore the requested
Planned Unit Oevelopment plan appears to be solely responsible
for and associated with the road improvements which will be
necessitated for county Road 335 i
9. That, other than in the foregoing particulars,
the requested zone change amendment and plan approval are
in general in conformity with the General Plan for Garfield
County, Colorado, ancl meet all'requirements of the Zoning
Resolution of Garfield County. and further than the requested
PLanned Unit Development is suitable and appropriate for
the subject property considering the location, condition
and circurnstances of said proPerty, and that the proposed
amendment implements the purposes and meets the standards
and requirements of the Planned Unit Development provisions
of Gariield County Zoning Resolution, provided that certain
conditions contained herein be complied with
' NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado:
section 1. That i,he petit,ion of Gene R. Hilton and
Ranch I-nveffienE Corporation for a zone change from Agricul-
tural/Residential/Ruial Density and Agri-cultural/Industrial
Zone bi=tri.ts co Planned- -QU! p-g:elopnent Zon.e---Dist;!sf -for
in" foregoing desciiEifr-diiicoiporitea area of Garfield.County,
and for ipproval of the Plan of Wood Landing Planned Unit De-
velopment,- may be approved only upon the resolution of traffic
problems relaled to County Road 335, presently serving the
iubject property, and uPon negotiation of an agreement between
the appticants and the goard provid.ing for the resolution of
such hifficufty at no expense to Garfield CountY, on or before
the 5th day of January, 1981, upon which ocqasicn this Board
will approve the requested zone district map amendment and
Planneh Un j.t Development plan, upon the follorving conditions:
d. Any plat approved as a part of Wood Landing Planned
Unit Development (hereinafter the "development") shall substan-
tial"ly comply with the sketch plan submitted to the Board on
the 6th of October, 1980 i
b. The phasing of the development shall assure that
lmpact on the neighborhood be limited to the extent that
public improvements and services may Properly deal with such
impact i
c. The applicants shalI'provide a fire station site,
building space, 3/4 ton tiuck with a "drop-in" unit and
other equipment to the Silt-Nerv 'Castle Fire Protection Dis-
trict (estimated cost in 1980 $18,000), which station
would provide needed fire protection south of the Colorado
River necessitated by the developmenti
V
tois
occur
the
d. The
dedication of
visions of the
applieants sha.ll- pro'ride a f'rnds in l"ier: of
Iands for schools, in accordance with the pro-
Garfield County Subdivision Resolution;
),
-4f-
a
e,. The applicants shaIl provide within the developmenta park, baseball field, basketball facility and playground;
f. The development shall contain no more than 317.. residential lots having an average square footage of no more..,-. than 51800 square feet, and no lot having less than 4,770
. ,. square feet, url1 two multi-purpose commercial lots of similar size.
q. the duv.lopment shall in all ways comply with
representations of the most recently amended plan, unless
othenvise directed by the Board either by this Resolution
or by other lawful action.
Section 2. That upon the Board t s determination thatr-'-.- .
a satisffiT[?esolution of the traffic problem has been )-reached, the Board shAl_l_suthorize.the .requested amendment- /
-of-the-.zAne-distrie-l-map -af f ecting the - sub j ect. propertY--. and /.ep!_reYtIlg-the,Planned-.Unit.. Development.-P]an,--but, if the /
Board determines that the aforementioned traffic problem
may not be resolved without the expenditure of public funds, .Q,the Board shall take appropriate action to deny the requested''zone district amendment and tg disapprove the Planned Unit
Development plan.
'Section 3. That the Planned Unit Development shalf.'consist oilwo zoning Districts, the boundaries of which
shall be indicated upon the final plat or plats of Wood .
Landing, a Planned Unit Development, which districts shall
,' be. designated as follows : ..- .. .. ,.
Residential
Commercial Res idential
Section 4z That the uses permitted within said
districts, together with the regulations affecting the
usage of the lancis contained therein, shall be as'fo1lows:
ZONE DISTRICT . R,ESIDENTIAL
USES , BY RIGHT: S ingte-Famil,y .detached clralell ing
"ses, i"at,rding Fences, hedges, gardens, walls and
publ,ic utilities and facilities; schools; waten storage
and playgnounds, and othen similan uses
USES - SPECIAL: None
MINIMUM LOT AREA:
,VIAXIMUM FLOOR AREA f+a'TIO:
Finish ftoon area relative
and customary accessory
similan landscaPe featunes;
and imPoundments, Parks
4 r77O squane Feet
MAXIMUM LOT COVERAGEi 4o pencent excluding driveway and patio
MINIMUM SETBACK:
(1)Front Yard:t""ii i5tffiimum From habitable pontion or awetting unit.
6 Feet mintmum to garage wall whene side entny garage is used'
(2) Rean Yand
tO feel From rean lot line to building wall
(3) Side Yard
Z"""lot line on one side whene thene is 10 Feet on rnore between
ctrruelling units. 5 Feet minimurn iF no adjoining zefo lot line'
I\4AXIMUM HEIGHT OI= BL,lLQIllGEt 28 Feet
to lot anea (exclusive oF garage) .3/1
-.+8 -
ADDITIcT\t@:AlluSeSshallbesubjecttottrcpnovisions
""d"" Sb"tio^ S 1S"ppt...r".,tor17 Regulations) of the GanField Count5l Zoning
Pn.:nlrrtirrn of 1078 a:; amendecj
!i.I
a
ZONE DISTRICT - Commencial/ Residentlal
usE,S - BY RIGHT: Convenience stone inctuding gasotine pumps and
underSround.storage tanks Fon gasoline; single-Family detached ctraetling
and cusiomary accessory uses, includtng fences, hedges,gandens' walts
and similar tandscape featunes; pubtic utilities and Facilities; schools;
water stonage and impoundments, parks and ptaygnounds, and other
similan uses. commencial uses oF the two lots wtlt requine an eighrt Foot
screen to be prorzided by commercial pnopent5f on/nen to separate the
:l commercial lot From adjoining nesidential lots.
USES - SPEC!!L: None
MINIMUM LOT ,ARIIA:
fvIAXIMUM LOT COVERAGE: 90%'
MINIMUN4 SETBACK
l(tl Front- 16 teet Fnom curb
(3) Rean - I Feet From lot tine
IiAXIMUM HEIGHT OF BUILDING: 28 Feet
A AXIMUM FLOOR AREA RATIq: '6/1.<
IOrOOO square leet
ADDITIONAL REQUIREMENTS :
oo
J
subject to the Pncnrisions
GanFi,eld CountY Zoning
COIflllISSIONERS
COLORADO
o
unden Section
Resolution oF
3 (SupPtementary
1978 as amended
Atl uses shatl be
Regulations) of the
.' :. .
ATTEST:BOARD OF COUNTY
GARFIELD COUNTY,
Upoo motlon duly madc and secondcd the toregoing Rcsolution
--..........nf ev.9..R....c.e.f, .i.s.e......."""" """"""'.Ayc
Coonlssloncrr
STATE OF COLORADO
County ol Garficld l"
I, .................. """ County Clerk anri cx+illciJ Clcrk cl the Bolrd of Cottnty Commlssloncrr
b urd ror thc county and stato aloresaid do hereby ucrtily ilrrt thg arilcxcd ar.d foregoin'I order is truly coFlcd :iofi thc Rccercc ol
thohocccdingroltheBoardofCountyComtnissionerrforraidGartieldcounty,nowinmyoffice.
IN WITNESS WHEREOF, I havc hercunto rct my hand and rtflxcd tha rcal ol said countyr at Glonwood sPrlngr'
thb.,....-..---....dry o1""""' -' ' A' D' 19 """"""" ,,,.r ar rrarrnru comrnkrloCounty Clerk end oxofficio Ctcrk ol thc Board ol County Commlsloncr'
Board
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