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HomeMy WebLinkAbout3.0 Resolution 90-015RECORDED AT /0 — REC. a 409740 STATE OF COLORADO )ss County of Garfield O'CLOCK A .M. FEB 8 1990 MILDRED AL'SDORF, COUNTY CLERK GARFIELD COUNTY, C!?L0RAD0 BOOK 772 PAGE 443 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield -County Courthouse in Glenwood Springs on the 5th day of February A.D.1990 , there were present: Marian 1. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer (Buckey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, to -wit: among others were had and done, RESOLUTION NO. 90-015 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION OF RAY R. FENDER FOR AN AMENDMENT TO THE ZONE DISTRICT TEXT FOR THE RED HILL PLANNED UNIT DEVELOPMENT. WHEREAS, Ray R. Fender has filed a petition with the Board of County Commissioners of Garfield County, Colorado, for approval of an amendment to the zone district text for the Red Hill Planned Unit Development; and WHEREAS, a public hearing was held by this Board on November 20, 1990. WHEREAS, based on the evidence, testimony, exhibits, study of the master plan for the unincorporated area of the County, comments from the Garfield County Planning Department and the Garfield County Planning Commission and comments from all interested parties, 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 the Board was extensive and complete, that all pertinent facts, matters, and issues were submitted and that all interested parties were heard at the hearing; 3. That th2 Garfield County Planning Commission has recommended to this Board that the requested PUD zone district text amendment be granted; 4. That the proposed zoning is in general conformity with the purposes set ' forth in Section 4.0 of the Garfield County Zoning Resolution of 1978, as amended, and will meet the requirements set forth therein; 5. That the proposed land use will be generally compatible with the existing land uses in the nearby area provided proper mitigation is performed to mitigate impacts; 6. That other than the foregoing, the requested PUD zone district text amendment, is in general conformity with the Comprehensive Plan for Garfield County, Colorado and is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens.of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the petition for BOOK 77? ? pecE444 a text amendment for the Red Hill Planned Unit Development be approved for the following described property in the unincorporated area of Garfield County as follows: A. Approval of the Planned Unit Development expressly conditioned upon the following conditions: 1. A letter be submitted to the Planning Department, with the building permit application, stating that the State Highway department has reviewed the proposed development plan and any requirements of the Department have been, or will be, met. 2. The building permit application include a soils study performed by a qualified engineering geologist that addresses soils compaction, drainage, slope stability and any recommended structural requirements for the building and/or site. 3. That prior to issuance of a Certificate of Occupancy the landscaping as proposed shall be completed or a bond in an amount acceps:able to the County Commissioners shall be placed with the County to guarantee completion within the next year. B. That the text of the master plan for the Planned Unit Development shall be as follows: See attached Exhibit "B" Dated this 5th, day of February , A.D. 1990 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO �.r lerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Arnold L. Mackley Elmer (Bucker) ArbaneV Aye Aye Aye STATE.OF COLORADO County of Garfield 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 Proceedings of the Board of County Commissionersfor 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. RED HILL PUD ZONE REGULATIONS 1. General Provisions MK 772 e c 44 5 A. Effect of Garfield County Zoning Resolution (adopted January 2, 1979) . The provisions of the Garfield County Zoning Resolution and the successors thereof, as not in effect and here- after amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Red Hill Planned Unit Development° Zone Regulations. B. Conflict. The provisions of the Red Hill PUD Zone Regulations shall prevail and govern the development of the Red Hill PUD provided, however, where the provisions of the Red Hill PUD Zone Regulations do not clearly address a specific subject, the provisions of the Garfield County Zoning Resolution, or any other ordinances, resolutions or regulations of Garfield County shall prevail. C. To carry out the purposes and provisions of the Garfield County Zone Resolutions, Garfield County, Colorado and, particularly -Section 4.00 of that title, as amended, the Red Hill Planned Unit Development Zone District is further divided into the following Zone District classifications: Highway Commercial Common Open Space D. The boundaries of these districts shall be located as shown on the Red Hill PUD Plan and shall be governed in conformity with the hereinafter contained regulations. 2. HIGHWAY COMMERCIAL A. Uses, by right: Park, hotel, motel One residential dwelling and accessory uses for a caretaker. Office for conduct of business or profession, studio for conduct of arts and crafts provided all activity is con- ducted within a building. mo 77Z pdci 446 Commercial and manufacturing, fabrication, service and repair operations are conducted within a building; 1. All manufacturing, fabrication, service and repair operations are conducted within a building. N 2. All storage of materials or equipment shall be within a building; 3. All loading and unloading of vehicles is conducted on private property; 4. No dust, noise, glare or vibration is projected beyond the lot; j 5. Proof of adequate provisions for the use and handling of any environmental pollutants shall be provided to the County. The County Commissioners shall have the final determination of the adequacy of the provisions and their acceptability foruse on the site. Wholesale and retail establishment, including sale of food and beverages, automotive and vehicular fuel and new parts. General service establishment, including restaurant (standard fast food or drive-in), bar in association with a restaurant, recreation, storage, repair and service of automotive and vehicular equipment, vehicular rental. Manufacturing and fabrication facilities. B. Minimum Lot Area: 7500 square feet. C. Maximum Lot Coverage: 50 percent D. Minimum Setback 1. Front yard: 25 feet from front lot line. The "front" lot line is along County Road 107. 2. Any development will minimize negative visual impacts through the use of architecture and landscaping that is compatible with the environ- mental constraints of the site. A developmental plan noting the size, configuration and color scheme of all structures, parking and access plans along with the location and type of landscaping will -be submitted to Garfield County prior to building permit application. The development plan will be referred to the Carbondale Planning and Zoning Commission for review and comment within 30 WA 772 P?cE 44';' days of submittal. At the next regular County Plan- ning Commission meeting, the development plan will be either approved or disapproved subject to modi- fication. Modifications noted must be made prior to and incorporated into any building permit issued. If there is disagreement on the proposed changes, the Board of County Commissioners has the final determination. 3. No additional excavation of the hillside will be. allowed unless approved during the development plan review. 4. More than one principal use is allowed on a lot, if approved as a part of a development plan. 5. Any change in use or expansionof the existing facilities shall be subject to development plan review described in F.(2). C. COMMON OPEN SPACE 1. Use by Right: Park, open space, agriculture.