HomeMy WebLinkAbout4.0 Resolution 2000-016i IIIIi iIII IIII 1111 111111 III IIIII 111 11111 ilii 1111
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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
Tuesday , the 22nd day of Fpr,_ A.D. 2onn , there were present:
John Martin , Commissioner, Chairman
Larry McCown , Commissioner
Walt Stowe , Commissioner
Don Deford , County Attorney
Mildred Alsdorf , Clerk of the Board
Edward Green , County Administrator
when the following proceedings, among others were had and done, to -wit:
411 RESOLUTION NO. 20 0 0- 0 1 6
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLANNED UNIT
DEVELOPMENT (PUD) AMENDMENT APPLICATION FOR THE ASPEN EQUESTRIAN
ESTATES SUBDIVISION OF THE PRESHANA FARMS PUD AND LAND
DEVELOPMENT.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received application from the Jay Weinberg of Aspen Equestrian Estates, LLC, for a subdivision
and land development plan to allow for approval of a PUD Amendment; and
WHEREAS, the Board of County Commissioners, on the 9th day of February, 1998,
conditionally approved a Planned Unit Development Amendment for the Preshana Farms PUD per
Resolution 98-11, which was signed on the 2nd day of March, 1998; and
WHEREAS, Aspen Equestrian Estates, LLC, is requesting an series of amendments to the
Preshana Farms Planned Unit Development Resolution including alteration of the physical zone
district boundaries and alteration of the zoning language text, attached hereto as exhibits A and B;
and
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WHEREAS, to the extent that the original Planned Unit Development, as approved by
Resolution 98-11, is not modified or altered by the terms of this Resolution, the original resolution
remains in effect; and
WHEREAS, Garfield County Planning Commission held a public hearing on the 10th day
of November, 1999, upon the question of whether the above described PUD Amendment should be
granted or denied, at which hearing the public and interested persons were given the opportunity to
express their opinions concerning the approval or the denial of said PUD Amendment; and
WHEREAS, The Garfield County Planning Commission reviewed the application and
recommended conditional approval to the Board of County Commissioners; and
WHEREAS, the Board held a public hearing on the 3rd day of January, 2000, upon the
question of whether the above described PUD Amendment should be granted or denied, at which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the approval or the denial of said PUD Amendment; and
WHEREAS, the Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of findings as listed below:
That the Garfield County Planning Commission is authorized by the provisions of Section
30-28-109 through 116, C.R.S. 1973, as amended, to provide recommendations concerning
proposed amendments to the Garfield County Zoning Resolution of 1978, as amended, and
zone district maps, as amended.
2. That the Garfield County Board of County Commissioners is authorized by the provisions
of Section 30-28-109 through 116, C.R.S. 1973, as amended, to consider approval,
conditional approval, or denial of proposed amendments to the Garfield County Zoning
Resolution of 1978, as amended, and zone district maps, as amended.
That proper posting and public notice was provided as required for the hearing before the
the Board of County Commissioners.
4. That an application for a zone district amendment was made according to the requirements
of Section 4:00 and 10:00 of the Garfield County Zoning Resolution of 1978, as amended.
5. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that hearing.
6. That for the above stated and other reasons, the proposed P.U.D. amendment is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
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411 7. That the 1978 Garfield County Zoning Resolution, as amended, the Garfield County
Subdivision Regulations of 1984, the Garfield County Comprehensive Plan, the Garfield
County road standards and policies, and all other applicable local, state, and federal
regulations, resolutions, plans, and policies have been complied with.
8. The requested PUD amendment 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 are not granted solely to confer a special benefit upon any person.
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Subject to the conditions set forth below, all uses by right, conditional uses, minimum lot
areas, minimum lot coverage, minimum set -backs, maximum height of buildings and
other use and occupancy restrictions applicable to this PUD are hereby approved by the
Board of County Commissioners as set forth in the zone text attached hereto and
incorporated herein as exhibit A.
10. The PUD, subject to the conditions set forth herein, will be designed with the
consideration of the natural environment of the site and surrounding area, and will not
unreasonably destroy or displace wildlife, natural vegetation or unique features of the
site.
11. Subject to the provisions of §4.08.06 of the Garfield County Zoning Resolution of 1978,
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.
12. The intent of the original motion made on the 9th day of February, 1998, reflected in
resolution 98-11, was to entirely delete certain uses from the proposed "Equestrian Center"
zone district language.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Preshana Farms PUD Amendment is hereby APPROVED
subject to compliance with all of the following specific conditions as listed below:
1. That the following uses be entirely removed from the proposed "Special Uses" in the
Equestrian Center (E.C.) Zone District language (section C, 3, b, c, & d in the proposed zone
district language):
C, 3, b: Indoor and Outdoor Golf Driving Range
C, 3, c: Golf Course with associated clubhouse including customary accessory uses
including pro -shop, retail food and beverage service
C, 3, d: Athletic Club with indoor and outdoor facilities
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Dated this 22 day of Feb; A.D. 2000 .
ATTEST:
erk of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLO
Chairm
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
•uu
•► .e :ue► •.► ue:
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER A. STOWE
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
I, , 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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Exhibit A
I. ZONE DISTRICTS
The provisions of these regulations shall prevail and govem the development of
Preshana Farrn PUD provided; however, where the provisions of Preshana Farm
PUD Zone Regulations do not clearly address a specific subject, the ordinances,
resolutions or regulations of Garfield County shall prevail. Definitions
established herein shall take precedence over definitions established by the
Zoning Regulation of Garfield County, adopted January 2, 1979 and as
amended, wherever these regulations are applicable to Preshana Farm PUD.
• A. ZONE DISTRICTS LISTED
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To carry out the purposes and provision of the Garfield County Zoning
Resolution of 1978, Garfield County, Colorado, as amended, the Preshana Farm
Planned Unit Development Zone District is further divided into the following zone
district classifications:
- O.S.
- E.C.
- R20-S.F.R.
- R10-S.F.R
Open Space District
Equestrian Center District
R20 - Single Family Residential District
R10 - Single Family Residential District
B. O.S. OPEN SPACE DISTRICT
1. Uses By Right:
a. Open Space and Greenbelt
b. Park
c. Water Storage Tank
d. Pasturing of livestock including structures providing shelter for
livestock and livestock feed when the footprint of the structure is
600 square feet or Tess.
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2. Uses, Conditional
NONE
Uses, Special
a. Golf Course
b. Golf Driving Range
4. Mfntmum Lot Area
43,560 Square Feet (1 acre)
5.
Maximum Lot Coverage
a. Buildings: 5 per cent of net developable land
b. All impervious materials: 10 per cent of net developable land
c. And as further restricted by Supplemental Regulations.
Maximum Floor Area
NONE
Minimum Setbacks
a. Front Yard 50 feet
b. Rear Yard 35 feet
c. Side yard 35 feet
Maximum Building Height
16 feet
EC. Equestrian Center DISTRICT
Uses By Right:
a. Riding Stable, Equestrian Arena and Tack Shop
b. Agricultural, including farm, ranch, garden, greenhouse, plant
nursery, orchard, and customary accessory uses including
buildings for the enclosure of animals or property employed in any
of the above uses and retail establishment for the sale of goods
processed from raw materials produced on the lot.
c. Employee Housing units either attached or detached.
d. Veterinary Clinic
e. Park and open Space
f. Public Equestrian Event attended by Tess than 300 people
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2. Uses, Conditional:
NONE
3. Uses, Special:
a. Home Occupation
::. •
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.-
housc inektelingtastor nary
_accessary-includiag shopretail foodand beveraap
-service.
Athle
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... - • .. ...
e. Miniature Golf
f. Indoor Commercial Recreation
4. Minimum Lot Area
43,560 Square Feet ( 1 acre )
5. Maximum Lot Coverage
30 percent
6. Minimum Setback
a. Front Yard
35 feet
b. Rear Yard
25 feet
c. Side Yard
25 feet
7 Maximum Building Height
25 feet, Except that a water storage tank or a structure enclosing
such tank may be 32 feet to the highest ridgeline of the structure.
D. R20/S.F.R. R20/SINGLE FAMILY RESIDENTIAL DISTRICT
1. Uses By Right:
a. Single family and customary accessory uses including building for
shelter or enclosure of animals or property accessory to use of the
lot for residential purposes and fences, hedges, gardens, walls and
similar landscape features.
b. Park and Open Space
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2. Uses, Conditional
NONE
3. Uses, Special:
a. Day Nursery (maximum of 6 nonresident children)
b. Home Occupation
4. Minimum Lot Area
20,000 square feet
5. Maximum Lot Coverage
40 percent
6_ Minimum Setbacks
Front Yard: 25 feet
Rear Yard: 25 feet except as depicted on the final plat
(Note: Lots 11, 12 & 13 to have 60 foot rear yard setback)
Side Yard: 20 feet
7 Maximum Building Height
25 feet
8. Maximum Floor Area
0.40/1.0 and as further provided under Supplemental Regulations
9. Minimum Off -Street Parking
Parking Spaces 6
D. R10/S.F.R. R10/SINGLE FAMILY RESIDENTIAL DISTRICT
1. Uses By Right:
a. Single family and customary accessory uses including building for
shelter or enclosure of animals or property accessory to use of the
lot for residential purposes and fences, hedges, gardens, walls and
similar landscape features.
b. Park and Open Space
2. Uses, Conditional
NONE
3. Uses, Special:
a. Day Nursery (maximum of 4 nonresident children)
b. Home Occupation
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. 4. Minimum Lot Area
10,000 square feet
1 5. Maximum Lot Coverage
40 percent
t6. Minimum Setbacks
Front Yard: 25 feet
Rear Yard: 25 feet except as shown on final plat
[ (Note: Lots 16 - 19 to have 50 foot rear yard setback)
Side Yard: 15 feet
7 Maximum Building Height
25 feet
8. Maximum Floor Area
0.40/1.0 and as further provided under Supplemental Regulations
9. Minimum Off -Street Parking
Parking Spaces 6
I II. DESIGN STANDARDS
1 A. SIGNS
All signs shall be subject to the Garfield County Zoning Resolution as amended
' except as listed below.
1. Open Space District
1 One subdivision identification sign not to exceed 100 square feet.
' 2. R10 — Single Family Residential District
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One subdivision identification sign not to exceed 50 square feet.
One real estate sign not to exceed 50 square feet
1 B. FENCES
All fences shall be subject to the Garfield County Zoning Resolution as
Iamended except as listed below.
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I 1. Fences within the Open Space District shall observe the following criteria
except for areas requiring protection from wildlife:
1 a) Maximum height:
Wire Fence or solid fence or wail - 44 inches
Rail Fence - 54 inches
1 b) Wire strand fences shall have a minimum of 12 inches between the
top two wire strands.
d) Fences higher than 54" designed to exclude deer and elk from
gardens, landscaped areas or storage areas shall meet the
required building setbacks of the district.
1 2. Fences within the Residential Districts shall not exceed 48" when located
within the Front Yard Setback.
1 C. LIGHTING
All site lighting shall be downward directed to avoid projection of the Tight beyond
the boundaries of the lot. The luminar Tight source shall be shielded to minimize
glare when observed from adjacent Tots.
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III. VARIANCE FROM SUBDIVISION REGULATIONS
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Except as defined below, all provisions of the Garfield County Subdivision
Regulations shall be applicable to the Preshana Farm PUD.
A. STREET DESIGN STANDARDS
1. Design Standards: Standard street design shall be as identified in the
attached chart titled Preshana Farm - Road Design Standards.
2. Cul-de-sac Length: Cul-de-sacs in excess of 600 feet shall observe the
following design standards:
a. Minimum Right -of -Way Radius 75 feet
b. Minimum Driving Surface, Outside Radius 70 feet
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PF�ESHANA FARM PUD
joad Design Standards
7/28/97
ILOAD NAME R.O.W. LANE SHOULDER DITCH MINIMUM MAXIMUM CUL-DE-SAC
WIDTH WIDTH WIDTH WIDTH C. LINE GRADE RADIUS
IAll widths & radii are in feet RADIUS R.O.W.
Primary Access 70 12 4 10' min. 100 6% 75
:Secondary Access 70 11 4 10' min. 100 6% 75
NOTES: 1. All road surfaces are a minimum of chip & seal.
I 2. All roads are two lanes in width.
3. Shoulders are gravel or a stablized structural section as approved by
the County Road Supervisor that allows grass to grow in the shoulder area.
I 4. Curb and gutter are not required on any road in the PUD.
5. Cul-de-sacs shall have a minimum paved, outside tuming radius of 70 feet
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