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Home My WebLink About11.0 Resolution 93-084c • r • efQYO878.v456 RECORDED T 4. D'°"LOCK T M. OCT .1 3 ;913 REC # O` MILDRED aLSDORF, COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 4th of October A.D. 19 93 , there were present: Elmer Mickey) Arbaney Arnold L. Mackley Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-084 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION BY WESTBANK RANCH #1 LTD. FOR THE WESTBANK RANCH FILING #4 PLANNED UNIT DEVELOPMENT AMENDMENT AND APPROVAL OF ITS PLAN WHEREAS, Westbank Ranch #1 LTD. has filed an application with the Board of County Commissioners of Garfield County, Colorado, for approval of the Westbank Ranch Filing #4 PUD Amendment and its PUD Plan; WHEREAS, The Board of County Commissioners has now considered that application. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the evidence, sworn testimony, exhibits, study of the Comprehensive Plan for the unincorporated areas of Garfield County, comments from the Garfield County Planning Department, and the Garfield County Planning Commission, and comments from all interested parties, this Board enters the following findings and conclusions: FINDINGS 1. The application was filed with the Planning Department and referred to the Planning Commission consistent with statutory requirements. 2. The Garfield County Planning Commission reviewed the application and recommended approval of the application with certain conditions on July 13, 1993. i • ( • r B004)878 ptct 457 3. The Board of County Commissioners established a date for the public hearing on the application to commence on August 16, 1993. 4. Pursuant to evidence produced at the public hearings on the application, the Board finds: A. All property owners adjacent to the property that is subject to this application received notification of the date, time and location of the above referenced public hearing by certified mail, sent at least fifteen (15) days prior to commencement of the hearing;] B. Notice of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to commencement of the hearing; C. The substance of the mailing and published notifications substantially informed interested parties of the subject matter and location of the requested zoning; D. The Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon. 5. The hearing before the Board on August 16, 1993 and September 7, 1993 was extensive and complete, that all pertinent facts, matters and issues were submitted, and that all interested parties were heard at the hearing. 6. Pursuant to Section 4.02 of the Garfield County Zoning Resolution of 1978, as amended: A. The PUD Zone District Text and Map direct the dwelling type, bulk, density and open space in a manner consistent with zoning laws; B. The PUD provides a variety of housing types in a layout allowing for open space ancillary to the building locations; C. The PUD, if fully developed, will result in an increased assessed valuation to the property; 7. The PUD Amendment, subject to strict compliance with conditions set forth herein, is in general conformity with the Garfield County Comprehensive Plan, pursuant to provisions of Section 4.04 of the Garfield County Zoning Resolution of 1978, as amended and Section 24-67- 105, C.R.S., as amended. 8. In accordance with Section 4.07.01 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that subject to strict compliance with the conditions set forth herein, the Westbank Ranch Filing #4 PUD will meet the standards and requirements of Section 4.00, et. seq. of that Zoning Resolution. 9. The requirements of Section 4.07.03 of the Garfield County Zoning Resolution of 1978, as amended, are met as follows: A. Subject to the conditions set forth herein, the impacts of the PUD and its surrounding area are appropriate, with all identified unreseasonable adverse impacts being appropriately mitigated; B. The proposed PUD provides adequate internal street circulation for the traffic generated by the development. The private internal streets provide adequate access for fire and police protection, as well as bicycle traffic; c • ( • BooX0878 F1c, 458 C. The PUD provides adequate parking for all proposed uses; D. The PUD provides common open space that is adequate for the usage of its own residents; E. The PUD provides for a variety of housing types, including single-family and multi- family units; F. Adequate privacy is provided between the dwelling units through lot sizing, building envelopes, and architectural control; G. The PUD provides adequate pedestrian access within the PUD 10. The proposed PUD will allow the clustering of development to avoid areas of geologic hazards, permitting the creation of additional open space. 11. The overall density of development, pursuant to the provisions of Section 4.07.06 of the Garfield County Zoning Resolution of 1978, as amended, will allow development of less than four (4) dwelling units per acre. 12. The PUD exceeds the minimum number of acres required for PUD size. 13. More than 25 percent of the PUD is devoted to common open space. 14. Under the conditions set forth herein and pursuant to the PUD Zone District Map (Exhibit A), the PUD demonstrates the location and total acreage for each proposed use together with the limitations on lot size and total density within each use. 15. Pursuant to the provisions of Section 4.08.05 of the Garfield County Zoning Resolution of 1978, as amended, the applicant included their written request for PUD Amendment all of the following: A. A statement of ownership interest and written consent of all property owners; B. A proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated open space, type of proposed uses and acreages devoted to uses, a proposed internal circulation system, the manner in which provision for water, sewer, telephone, electric, and gas exist, and other necessary restrictions sought by the applicant; C. A regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilities; D. A map indicating the existing boundaries of the PUD, its acreage, existing structures and existing zoning; E. A site topographic map with five feet contour intervals was submitted with the application; F. A legal description of the area which the applicant wish to include in the PUD was submitted with the application; BOOX0878 1<< 459 G. The applicant submitted a written statement setting forth the objectives to achieve by the PUD, copies of proposed covenants, conditions and restrictions, a list of property owners within 300 feet of the boundaries of the PUD, a statement by a licensed engineer that provided information concerning the proposed water source, method of sewage treatment, the general manner in which storm drainage will be handled, and the general manner in which provisions have been made for potential natural hazards, including landslide areas, unstable soils, and drainage paths, all of which are subject to the conditions set forth herein; H. Easements for ingress and egress to a public road have been provided; and The PUD Amendment, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and surrounding area, will not unreasonably destroy wildlife, natural vegetation, unique features on the site, and mitigates the impacts of adjacent property owners; 16. Subject to the provisions of Section 4.08.06 of the Garfield County Zoning Resolution, as amended, the Board of County Commissioners find that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. 17. Subject to the provisions of Section 4.12.03 of the Garfield County Zoning Resolution, as amended, the Board of County Commissioners find that the PUD Amendment is a substantial modification of a PUD previously approved in 1982, the proposed modification is consistent with efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. CONDITIONS OF APPROVAL The foregoing findings are specifically entered subject to the adoption of and strict compliance with the conditions set forth below. Such conditions are a result of consideration of all evidence, including extensive public comment: 1. All representations, either within the application or stated at the public hearings before the Planning Commission and the Board of County Commissioners shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. The Preliminary Plan shall have a building envelope designated for every lot within the PUD. All building envelopes will avoid active and older landslides, manmade fill, and unsuitable slopes. No lot shall be created that does not have an acceptable building envelope. No lot shall be created that is smaller than the minimum lot size in a particular zone district. 3. An engineered foundation shall be required for all structures within the PUD and submitted with building permit applications. Furthermore, all final plats shall have the following plat note: A. Prior to the issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, siting for a second leach field, an ISDS design, and a grading and drainage plan, prepared by and certified by a professional engineer. All improvements shall be constructed in accordance with such measures which shall be a condition of the building permit. i t • BooV0878 , tot 460 4. At the time of Preliminary Plan, the applicant shall demonstrate evidence of adequate water quantity from the proposed well field for the project. S. All building envelopes identified at Preliminary Plan shall not be located in or at the head of drainages. 6. Prior to Preliminary Plan, the applicant shall determine the 100 year floodplain, consistent with the recommendations of CTL/Thompson Reconnaissance Report. 7. All easements necessary to ensure the access to existing water tanks and irrigation rights for Filings #1, #2 and #3 shall be shown on the Preliminary Plan. 8. Due to the potential tie-in with future regional facilities in the Roaring Fork Valley, appropriate easements for possible central sewer will be identified at the time of Preliminary Plan. 9. Not more than two (2) dogs will allowed per lot, which will be included in the Protective Covenants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the request of Westbank Ranch #1 LTD for a PUD Amendment for Westbank Ranch Filing #4 PUD is hereby granted, subject to strict compliance with the conditions set forth herein. Dated this 4th day of October , A.D. 1993 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Cl= k of the Board vote: Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney Arnold L. Mackley Marian I. Smith , Aye , Aye , Aye • • (� STATE OF COLORADO ) )ss County of Garfield ) BooK0878,,m461 h , County Clerk and ex -officio Clerk of 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 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 affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners t • BOoKO878 i'M<< 462 WESTBANK RANCfI PLANNED UNIT DEVELOPMENT MODIFICATION AND WESTBANK RANCH FILING 114 RESUBDIVISION LEGAL DESCRIPTION, (September 1, 1993 A parcel of land siuiated in Lot 15 of Section 35, Township 6 South, Range 89 West of the Sixth Principal Meridian, Lots 13, 14, 15, 24 and 25 of Section 1, and Lots 5, 8, 9, 10, 1 1 , 12, 13, 14, 15, 16, 18, 19, 20, 21 and 22 of Section 2, Township 7 South, Range 89 West of the Sixth Principal Meridian, all in Garfield County, Colorado, lying Southerly of Westbank Ranch Planned Development Subdivision Filing No. 1 and Westbank Ranch Subdivision Filing No. 2 and No. 3, as amended, all as filed in the Garfield County, Colorado records, and Westerly of a Zine in said Section 1 partly described by Book 416 Page 336 as filed in the Garfield County, Colorado records, said parcel of land is more fully described as follows: Beginning at the Northwest Corner of Lot 5 in said Section 2, whence the Northwest Corner of said Section 2 bears: N. 89°44'39" W. 602.75 feet; thence N. 01°57'00" E. 81.45 feet along the Westerly boundary line of Lot 15 in said Section 35 to the Southwest Comer of said Westbank Ranch Filing No. 1; thence, along the Southerly boundary lines of said Westbank Ranch Filings No. 1, No. 2, and No. 3, N. 77039'00" E. 112.73 feet; thence N. 63009'52" E. 159.87 feet; thence S. 35°32'48" E. 210.99 feet; thence S. 31°43'00" W. 75.00 feet; thence S. 69°27'00" E. 130.00 feet; thence S. 28°57'00" W. 160.00 feet; thence N. 86°03'00" E. 190.00 feet; thence S. 45°23'00" E. 130.00 feet; thence S. 05°23'20" W. 300.15 feet; thence S. 61°18'14" E. 231.81 feet; thence S. 28°07'00" E. 160.00 feet; thence N. 60°30'00" E. 78.00 feet; thence S. 37°06'00" E. 55.45 feet; thence S. 79°17'00" E. 492.88 feet; thence N. 26°07'29" E. 82.61 feet; thence S. 64°37'00" E. 336.67 feet; thence S. 69°29'00" E. 390.82 feet; thence S. 81°03'00" E. 358.60 feet; thence N. 89°22'00" E. 342.78 feet; thence S. 78°00'00" E. 349.80 feet; thence N. 87°02'00" E. 374.60 feet; thence S. 88023'00" E. 626.00 feet; thence S. 76°37'00" E. 39.95 feet; thence S. 50°31'33" E. 298.72 feet; thence N. 61040'41" E. 339.92 feet; thence S. 50000'00" E. 25.74 feet; thence along the arc of a curve to the left having a radius of 329.13 feet, and a central angle of 52°46'29" for a distance along the curve of 303.16 feet; the chord of said curve bears S. 76°23'15" E. a distance of 292.56 feet; thence along the arc of a curve to the right having a radius of 45.00 feet, and a central angle of 83°05'30" for a distance along the curve of 65.26 feet; the chord of said curve bears S. 61°13'45" E. a distance of 59.69 feet to a point on the said described line in Section 1, whence the Northwest Corner of said Section 1 bears: N.20°00'40" W. 1523.72 feet; thence, leaving said Westbank Ranch filings, along the said described line, S. 19°41'00" E. 196.35 feet; thence S. 34°08'00" E. 1.14 feet to a point on a non -tangent curve of the County Road Dedication described in Document No. 334810 as filed in the Garfield County, Colorado records, and continuing along the County Road Dedication as follows: along the arc of the non -tangent curve to the left having a radius of 710.00 feet, and a central angle of 34°59'38" for a distance along the curve of 433.64 feet; the chord of said curve bears S. 38048'11" E. a distance of 426.93 feet; thence S. 56°18'00" E. 174.02 feet; thence S. 52022'00" E. 349.83 feet; thence along the arc of a non -tangent curve to the right having a radius of 430.57 feet, and a central angle of 10°04'52" for a distance along the curve of 75.76 feet; the chord of said curve bears S. 32002'21" E. a distance of 75.66 feet; thence along the arc of a curve to the left having a radius of 2293.26 feet, and a central angle of 10°06'00" for a distance along the curve of 404.25 feet; the chord of said curve bears S. 32°03'00" E. a Page 1 • • WESTBANK RANCH PLANNED UNIT DEVELOPMENT ZONING REGULATIONS WESTBANK RANCH P.U.D. Zoning Regulations BOOKO878 :1GF 46 i Section I. A. To carry out the purposes and provisions of the Garfield County Zoning Resolution, Garfield County, Colorado and, particularly, Section 1.04 of that title, as amended, the Westbank Ranch Planned Unit Development Zoning District is further divided into the following Zone District classifications: R/S.F. - Residential/Single Family District R/M.F.4 - Residential/Multi-Family, fourplex District O.S. - Open Space District B. The boundaries of these Districts shall be as illustrated on Sheet 3 of the Westbank Ranch Filing #4 Resubdivision maps. Section II R/S.F. - Residential/Single Family District A. Uses, by right. One Single -Family dwelling per lot and customary accessary use including buildings for shelter or enclosure of small animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features, water systems, sewer systems and other utility services, including water wells and water tanks, and access roads for construction and maintenance of utilities, may be sited in easements within the Residential Single Family District. Park and Greenbelt. B. Uses, conditional None C. Uses, special None D. Minimum Lot Area One acre E. Maximum Lot Coverage 15 percent F. Minimum Setback Front yard 25 feet Side yard 10 feet Rear yard 30 feet Zoning Regulations, PAGE 1 • • G. Maximum Building Height 800K08781G%464 25 feet H. Off -Street Parking/Residential Four (4) off-street parking spaces per dwelling unit or one (1) space per 600 square feet of living space floor area, which ever is greater. Section III. R/M.F.4 - Residential/Multi-Family, Fourplex District A. Uses, by right. One structure per lot, containing up to but not more than four dwelling units and customary accessary use including buildings for shelter or enclosure of small animals or property accessory to the use of the lot for multi -family residential purposes and fences, hedges, gardens, walls and similar landscape features, water systems, sewer systems and other utility services, including water wells and water tanks, and access roads for construction and maintenance of utilities, may be sited in easements within the Residential Multi - Family District. Park and Greenbelt. B. Uses, conditional None C. Uses, special None D. Minimum Four-plex Lot Area Lots within a Four-plex lot shall have no minimum lot area. E. Maximum Coverage of a Four-plex Lot Lots within a Four-plex lot shall have no maximum lot coverage. F. Minimum Setback Front yard 25 feet Side yard Rear yard 20 feet 30 feet G. Maximum Building Height 25 feet H. Off -Street Parking/Residential Three (3) off-street parking spaces per dwelling unit or one (1) space per 500 square feet of living space floor area, which ever is greater. Zoning Regulations, PAGE 2 • • Section IV O.S. - Open Space District A. Uses, by right. 800X0878 465 Passive and active recreational facilities, park facilities, clubhouse with snack bar and accessory uses, drainage easements, stormwater facilities, including detention ponds, water systems, sewer systems and other utility services, including water wells and water tanks, and access roads for construction and maintenance of utilities, extraction and storage of natural resources may be sited in easements within the Open Space. B. Uses, conditional None C. Uses, special None D. Minimum Lot Area None E. Maximum Lot Coverage None F. Minimum Setback Front yard 30 feet Side yard 30 feet Rear yard 30 feet G. Maximum Building Height - Clubhouse 25 feet H. Off -Street Parking - Clubhouse Eight (8) off-street parking spaces per building unit or one (1) space per 500 square feet of floor area, which ever is greater. Section V Except as hereinabove provided, and except for the following sections of the Garfield County Zoning Resolution, all provisions of the Garfield County Zoning Resolution shall be applicable to the Westbank Ranch P.U.D. Zoning Districts. The Sections of said Zoning Resolution which shall have no applicability are as follows: Section 3.00 through 3.1 1.09. Zoning Regulations, PAGE 3 • ?IF � a A1 te- DsTcr i11 /3P(tvi3) ed id% T174fi R/nia- PLiD* F 41 5146. Too L er4 e. Too