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Home My WebLink About2.0 Resolution 96-06,Doc-G3-96 1O:32A Stel -la Archuleta t" 488797 8-966 MILDRED N,SMRF P-882 02/09/96 11.:OOA PG I OF 4 REC GANFIELD CCIJNTY CLERI( A}.ID REOORDER O.OO 970 -945 -7',7A5 P-Ol m NOT 0tz STATE OF COLORADO County of Garfield ) )ss' ) Colorado, held in the Commissioners' Meeting Room, Garfield'County Courthouse, in Glenwood springs on l{onday , the 5th o; February A.D;-19 95 , there were present: Ata regular meeting of the Board of county commissioners forGarfield county, Marlan I. Smlth Commissioner Chainuan Commissioner Commissioner County Attorney . Clerk of the Board County Administrator Arnold L. Mackley ELnrer (Buckey) Arbaney Don DeFord Mlldred Alsdorf Chuck Deschenes wheu the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 96-06 A RESOLI.JTTON CONCERNED WTTH THE APPROVAL OF AN AMENDMENTTHE ASPEN GLEN PLANNED UNIT PLANNED UNIT DEVELOPMENT REZONING AND ITS PLAN WHEREAS, the ASPBN GLEN GOLF coMPANr has frled an application with the Board of County Commissioners ofGarfield County, Colorado, for the amendment of approval of the Aspen Glen Planned Unit Development rezoning and its Planned Unit Development plan; and WHEREAS, the Board of County Commissioners did approve the Aspcn Glen pUD byResolution No. 92-056: and WHEREAS, the Aspen Glen Golf Company rcquested approval of various amendments toconditions of approval conuined in Resolution No. 92-056, the zone district text and pUD Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCOMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the cvidencc,sworn tcstimony, exhibits, study of the comprehensive plan for the unincorporatcd areas of Garfiel<tCounty, conrments from the Garlield County Department of Building and.planning, the GarfieldCounty Planning Commission, and corirnents fiom all interestcd parties, this Board enters thefollowing findings and conclusions: EINDTCd l' The Garfield County Planning commission reviewed the application and recomrnendedapprovaloftheamendmentstotheconditions ofapproval, PUDzoneaisirict textand puDplan, withcirtain'conditions on December 13, 1995; and ,\ -trtr:c-Q.3-96 LO:33A Ste-l la Archuleta 970 -945-77A5 P.02 488797 8-966 P-683 02/09/96 11:00A PG 2 oF 4 2. The Board of County Commissione$ established a date for public hearing on the application to commenoe on January 22,1996; and 3. Pursuant to cvidence produced at the public hearing on this application, the Board finds: a. AII property ownerc a-djacent to and within the property that is the subjct of this application received notification of the date, time and location of the above referenccd public hearing by certificd mail, scnt st lcast fifteen (15) days prior to the commencetDont of the hearing; b. Notilication of the public hearing was published in a newspaper of general circulation at lcast thirty (30) days prior to the oommenoemeut of the hearing; c. The substance of the mailed and published notilications substantially informed interested parties of the subjct matter and location of the reqUt3til rezoning; d. The Board of County Commissioners hasjurisdictioo to conduct the public hearing on the application and render a decision thereon. 4. The hearing before the Board wasextensive and complete, that all pertinent facts, matters and issues were submitted, and that all interested parties were heard at the hearing. 5. Pursuant to Section 4.12.03 of the Garlreld County Zoning Resolution of 1978, as amended: a. The PUDText and Plan amendnents will not affect the rights of residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; b. That after a public hearing called and held in accordance with the provisions of Sction 24'67-lM, C.R.S., it has boen found that the extension of PUD Text and Plan approval are consistent with the effrcient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land upon or across the street from the pUD or the public interest,a nd is not granted solely to confer special benelit upon aoy person. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado that the application for an amendment to the Aspen Glen pUD plan and Text approval contained in Resolution No. 92-056 be approved and amended for the following described property in the unincorporated area of Garl-reld County, as follows: l. That the revised lf2 Acre and Club Villa Zone districts will be subject to an amcoded Preliminary Plan prior to final Plattiog of that portion of the Asfren Glen PUD. 2. That the minimum lot width requirement for the lA Acre zone district and the single family section of the Club villa zone district be 60 ft. aod that the side yard setback be l0 ft.. 3. That the following conditions of approval contained in Resolution No. g2-os6 be modified to read as follows: 5' (AXl) The Applicant is responsible for 100 percenr of the cost of design, engineering and construction costs associated with the improvements of this section of CR 109 to Garheld County Minor Collector Road Standards ifpossible, including all engineering and construction costs for the necessary relocation or piping of ditches. The design will include 2" asphalt surfacc with 4'shoulders. Furthermore, the applicant is responsibte forrealigrung and other Dec -03 - 96 1O : 33A Ste -l 'l a Archu I eta 48879? 8-966 970 -945- 7 745 .'. \l P. 03 P-685 02/09/96 tt:OOA pG 4 OF 4 associated improvements to ditches impacted by improvements 1s this section of CR 109. These improvements will be completed in the fiscal year that the Board of County Commissioners determines that the County can pay for theirportion of the road improvernents. The applicaot will bc allowed to plat los east of the existing natural gas line on the Sievers Ranch property prior to the completion of the improvements to c.R. 109, provided that access to c.R. 109 is limited to emergencies for resideuts and that construction trallic is limitcd to an accestt point located at the northwest corner of the PUD offof the existing, improved gravel pit road. Should the applicant want to ptat lots west of thenatural gas line prior to the county being fiscally capabte ofpaying for the cR 109 improvements, the associated subdivision impior"-"ot, Lgi""-"r,t wilt establish a method for the payment of the improvement, "grJ"ble to both parties. 5. (AXs) suflicient coordination wilr J;;;-eeu theapplicaut,s enginerandthe county's Road and Bridge Department to ensure that the design and coDstruction activities between the two efforts are compatible and "** no scheduling conflicts. The applicant's engineer will design all road and ditchimprovements during 1996 and prior to final ,oo.tr,rJtion drawings beingcompleted, the Board will review and, as appropriate, modify the plani for the sections of c.R. 109 rhat are the county's responsibility. 5' (BXl) Garl'reld County witl be respousible for 100 percent of the cost of desiguengineering and earthworkcosts associated whit the improvements of the section of CR 109 to Garfield County Minor Coltector Road Standards wherephysically possible and at thediscretion ofthe Board ofCounty Commissioners, including 2" Asphalt surface and with' shoutders. The applicant is responsibrefor 50 Perccnt of the cost of surfacing (2" asphaltf oi tnis section of CR I09.within 60 days of receiving engineering invoices ibr the portion of c.R. 109that the County is responsible for the improvements, the County will reimburse the applicant for the expenses incurretl. These improvements will be comptetedin the fiscal year that the Board of County Commissione6 deternrines that theCounty cao pay for their portion of the road improvements. The applicant wilt be allowed to plat lots east of the existing natural gas line on the Sievers Ranchproperty priorto thecompletion of theimprovementr to C.R. 109, provided thataccess to C.R. 109 is limited to emergencies for residents and that constructiontrallic is limitcd to au access point located at the northwcst corner of the pUDoffof theexisting, improved gravel pit road. should tbe applicant want to pratlots west of the Datlral gas line prio, to the county being fiscally capable ofpaying for the CR I 09 improvements, the associated subdivisio n impro vementsagreement will estabrish a method for the palment of rhe improvementsagreeable to both parties. Dated this 6th day of February , A.D. 19 ,B'€rcFO3-96 1O:34A Stel 'la Archu -leta , -.., , 488?97 8-966 '. j684 02/09/96 1I:OOA pG 3 oF 4 ATTEST: Chairman Ma I.Smlth i'L.Mackley 970-945-77A5 .A(.) GARFIELD COUNTY COMMTSSTONERS, COUNTY, COLORADO BOARD OF GARFIELD P. 04 A %r,*l J*t Aye Aye Aye () Arbaney STATE OF COLORADO County of Garfield ) )ss ) Ii"1c:Ttlc!rrandex.ofIicioClerkoftheBoardofCounty,'rffiffi:H::":"#] 3:r:*::,:l:"^:,: Iif:r:l h:- ,n" nu.od_of the p,or..oiog of the Board of countycommissioners for said Garfield county, now in.y orr*. INWITNESS WHEREoF, I have hereunto set my hand and aftixed the seal of said county,at Glenwood Springs, this day of , A.D. l9_. county clerk and ex'offrcio clerk of the Board of county commissioners 4