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HomeMy WebLinkAbout6.0 Resolution 98-11STATE OF COLORADO COUNTY OF GARFIELD ► )ss 112111111111111!!!19111011191p111111111411121!11111111111 /0SDORF 1 of 15 R 0.80 D 0,00 GARFIELD COUNTY CO At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs, on Monday, the 2nd of March, 1998, there were present Marian 1. Smith Commissioner Chairman John Martin Commissioner Larry McCown Commissioner Don DeFord County Attorney Mildred Alsdorf Clerk of the Board when the following proceedings, among others, were had and done, to -wit. RESOLUTION NUMBER 98- 1 1 RESOLUTION CONCERNED WITH THE APPROVAL OF MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT REZONING PLAN FOR PRESHANA FARMS PUD. WHEREAS, Henry & Lana Trettin and Bruce Ross have filed an application with the Board of County Commissioners of Garfield County, Colorado, for approval of modifications to the Preshana Farms PUD zone text and PUD development 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. the Garfield County Planning Commission, and comments from all interested parties, this Board enters the following findings and conclusions 1 J That the public 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 the hearing. 21 That all applicable regulations regarding a Zone District Amendment have been complied with including, but not limited to. Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended 31 That the Planning Commission conducted a public meeting and recommended approval of modifications, subject to certain conditions. i ,r. 1111111111111011111111 III VIII I11111I 1111111111111111 821911 eai ltei 1N$ ei = 411P 111!1 P154 n tlL5OORF 3 .f 18 R 0.11 D 0.00 GARFIELD COUNTY CO 41 That the Planned Unit Development is in general conformity with the 1995 Garfield County Comprehensive Plan for Study Area 1, as amended. 5] That the Planned Unit Development is consistent with Section 4.02 (Purposes and Objectives), 4.06 (Internal Compatibility) and Section 4.07 (Standards and Requirements) as contained in Section 4.00 inclusive, of the Garfield County Zoning Resolution of 1978, as amended, and will implement the purposes of Section 4 07.01. 6] That, pursuant to Section 4.08.04, the uses by right, conditional uses, minimum lot area, maximum lot coverage, minimum setbacks, maximum height of buildings, and all other use and occupancy restrictions applicable to this Planned Unit Development shall be those which are approved by the Garfield County Commissioners, as contained herein. 71 In accordance with the provisions of Section 24-67-104, C.R S., and Section 4 12.03(2) of the Garfield county Zoning Resolution of 1978, as amended. the Board finds that the modifications are consistent with the efficient development and preservation of the entire PUD and do not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. NOW. THEREFORE, BF IT RESOLVED by the Board of County Commissioners of Garfield County. Colorado, that the modifications to the Preshana Farms Planned Unit Development zone text and development plan, as the property is further described in Ex ;bit B attached hereto, be and hereby is authorized permitting the develorment of the above-described land consistent with the zone text modifications and development plan as proposed, with the following conditions and additional modifications That the application shall conform to all current Planned Unit Development requirements and subdivision requirements concerning limitations on dogs and "Aspen Glen" wood stove �a�r regulations. v1. a. 0(c .-1- �`�t Q.� AAA K? -t,1 1 J) ng —Icur / Oviti 2. That there shall be no more than 50 single family dwelling units which shall be allocated in the following manner: 47 single family residential units within the single family residential districts, 3 employee housing units within the equestrian district. .A fiully-executed contract from a wastewater facility district or owner to provide wastewater treatment serving Preshana Farms PUD, shall be finalized no later than one (1) year from the date of conditional approval of the PUD modifications (February 9, 1998) Such contract shall provide a mechanism which the residents of the Preshana Farms PUD will participate in the operation of the wastewater facility. 1 % '_ 4 Although Section 4.09.01 of the Garfield County Zoning Resolution requires commencement of development within one ( I ) year of approval, the Board acknow!edges that the provision for wastewater treatment service will likely require a waiver of this standard Therefore. a 111111111111 IIIi1I 111111 IL II I11I111 111 1111111111111 521511 89/18/1811 81 40P 11881 P158 M ALf00RF 4 .f 15 R 1,11 O 1.11 GARFIELD COUNTY CO subdivision preliminary plan must be submitted no later than 12 months from the date of approval of the PUD modifications (February 9, 1998). If such preliminary plan application is submitted, within the 18 month time period, the Hoard of County Commissioners shall hold a public hearing to determine the status of the PUD modifications and may, at that time, rescind its approval of the modifications, as well as the entire Preshana Farm PUD, consistent with Section 4 09 02 of the PUD regulations All costs of said hearing shall be borne by the applicants () No specific phasing plan has been developed and contained within the application Pursuant to approval conditions 4 and 5 above, securing wastewater treatment services shall constitute Phase 1 of the development. The subdivision lots and instailation of infrastntcture shall he platted, in a single phase, as Phase 11 of the development 7 That the following changes shall be made to the proposed, modified zone distr'..ts. Open Space District ilf course and golf course driving range shall be allowed as special uses E.C. - Equestrian Center District Delete provision for single family dwelling, two-family and multi -family dwellings and replace with employee housing units either attached or detached; delete provision for day nursery; indoor I I tdoor golf drivin ran shall be allowed as ial uses; -� �,. delete allowances or at etic facilities and tennis courts. R /That all zoning districts and uses allowed within the individual zone districts of the original Preshana Farms PUD are hereby repealed and replaced with the modifications contained within the present application, and as attached as Exhibit A, with the modifications noted herein O That th5 following sign types and specifications shall be allowed within the PUD. O"Space District One (1) subdivision identification not to exceed 100 square feet; I 0 District: One ( I ) subdivision identification not to exceed 50 square feet; one (1) real estate sign not to exceed 50 square feet. The Garfield County Zoning Resolution shall control in all other instances /fC(fir �%.. , 11) The provisions of the Zone District Regulations shall prevail and govern the development of Preshana Farms PUD provided; however, where the provisions of Preshana Farms PUD Zone District 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 Resolution of Garfield County, adopted January 2. 1979 and as amended, whenever these regulations are applicable to the Preshana Farms PUD 11 That Basalt Water Conservancy District contracts for adequate water rights and supply must be in place at time of preliminary plan application $./J 51211111111a1/111/11!M 11• 1111151 1t 1i1e11s 1i111111111111 O �L$DOttF .f iS R S .Moe . M gonna COUNTY CO Dated this -tret day of march A.D. 19ag ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS. GARFIELD COUNTY, COLORADO (11.41.11-°-1/—Li;e4d--ez Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Commissioner Chairman Smith Aye Commissioner Larry McCown Aye Commissioner John Martin Nay STATE OF COLORADO ) )ss County of Garfield 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 Proceedin" 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 Exhibit A 1 I! VIII 11111 !III!! 111111 III 11111 Ic1IEII 1111I11I 11111111 521511 e3/le/lap e1:IeP !less P957 M ALSDORF $ of 15 R 0.OS D 0.ee GARFIEID COUNTY CO PRESHANA FARM PLANNED UNIT DEVELOPMENT P. U. D. ZONE DISTRICT DESCRIPTIONS and VARIANCE FROM SUDDMSION REGULATIONS JULY 28, 1997 L ZONE DISTRICTS A. ZONE DISTRICTS LISTED 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 Residenfiai District R10 - Single Family Residential District 8. O.S. OPEN SPACE DISTRICT 1. Uses By Right: a. Open Space and Greenbelt b. Park c. Water Storage Tank d. Golf Course e. Goff Driving Range f. Pasturing of livestock including structures providing shelter for livestock and livestock feed when the footprint of the structure is tI00 square het or less. g. Public Equestrian Event attended by Zees than 300 people/day. 2. Uses, Conditional NONE 3. Uses, Special Public Equestrian Event attended by more than 300 peopUday. •. Minimum Lot Area 1 ,; 1121Iptlilj111111.1i11,I11111.1111111111111111111 '15$ N P1L$DOIIF 7 of 15 R 8.88 0 8.88 GARFIELD COUNTY CO 43,560 Square Feet ( 1 acre ) 5. Maximum Lot Coverage a. Buildings: 5 per cent of net developable land b. M impervious materials: 10 per cent of net developable land c. And as further restricted by Supplemental Regulations. 6. Maximum Floor Area • NONE 7. Minimum Setbacks a. Front Yard b. Rear Yard c. Side yard 8. Maximum Building Height 16 feet 50 feet 35 feet 35 feet C. EC. Equestrian Center DISTRICT 1. Uses By Right: a. °.ling Stable, Equestrian Arena and Tack Shop b. Agricultural, including farm, ranch, garden, greenhouse, plant nursery, orchard, and customary accessory uses including builcings 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. Single family dwelling d. Two family and multi -family 6wellings for persons employed on the premise e. Veterinary Clinic f. Day nursery g. Park and open Space h. Public Equestrian Event attended by Tess than 300 people I. Indoor and Outdoor Golf Driving Range j. Golf Course with associated clubhouse including customary accessory uses including pro -shop, retail food and coverage service, athletic facilities and tennis courts. 2. Uses, Concitional. NONE 2 1312111t111111!!011111 1/11141111111111011411111!" 1,11P11111111111Pe111L111O11O1R1P11 A .f 13 R e.ee D 0.ee GARFIELD COUNTY co 3. Uses, Special: a. Horne Occupation b. Public Equestrian Event attended by more than 300 peopUday. c. Athletic Club with Indoor and outdoor facilities d. Miniture Gotf e. 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 30 feet D. R20/S.F.R. R20/SINGLE FAMILY RESIDENTIAL DISTRICT 1. Uses By Right a. Single family and customary accessory uses induding building for shot if or enclosure of animals or property amasser! to use of the lot for residential purposes and fences, hedges, gardens, walls and similar Ianotcape features. b. Park and Ogen Space 2. Uses, Conditional NONE 3. Uses. Special: a. Day Nursery (m eximum of 6 nonresident children) b. Home Occupation 4. Minimum Lot Area 20.000 square feet 3 = illili Illi) !!1111 111111 111 hill 111101 III hili Illi 1111 521511 e�/le/legs e1:4eP IIe5e Fees r1 AU OONF e .f 15 R 5.9e D e.ee GARFIELD COUNTY CO 5. Maxfrnum 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 near 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. Liam, Special: a. DDaNursery ome urOs ems, mum of 4 nonresident children) 4. Minimum Lot Area 10,000 square feet 5. Maximum Lot Coverage 40 percent 6. Minimum Setbacks Front Yard: 25 feet Rear Yard: 25 feet except as shown on Anel plat (Note: Lots 16 -19 to have 50 foot rear yard setback) Side Yard: 15 feet 4 7. Maximum Building Height 25 feet nm:�u.-::x. as +,tea 1111111111111111111111:111: I:N:111117411MI 521511 03/10/1e9$ 01s4OP 01058 P001 M ALSDORF 10 of 15 R 0.00 D 0.00 GARFIELD COUNTY CO 8. Maximum Floor Area 0.40/1.0 and as further provided under Supplemental Regulations N. Minimum Orf -Street Parking Parking Spaces fs N. DESIGN STANDARDS A. SIGNS Alt signs shall be subject to the Garfield County Zoning Resolution as amended except as listed below 1. Open Space District Type of Sign & Structural Type Maximum Height Maximum Sign Area Per Face Subdivision Identification Freestarerig 12 feet 32 square feet Subdivision/Real Estate Sales Conditions: 1. One sign allowed adjacent to Hwy 82 and one sign allowed adjacent to County Road 100. 2. All signs shall be removed within six months of the initial sate of all residential lob within the PUD. Freestanding 12 feet 50 square feet Temporary Freestanding 12 het 50 square feet 2. R20 - Single Family Residential District Type of Sign .1 Structural Type Maximum Height Maximum Sign Area Per Face Subdivision Identification 11111111111111011111111111111111111111111111111111 521611 s2/le/1555 e1 40P 51055 Pss2 M ftLSOCItF 11 of 15 R 9.00 D 0.00 GARFIELD COUNTY CO Conditions: 1. One sign allowed at the entrance to this District 2. Sign may be located within the road right-of-way within the PUD but shall be setback a minimum of six feet from the edge of the traffic lane of the roadway. Freestanding 6 fest 12 square fest Subdivision/Real Estate Sales Conditions: 1. One sign allowed at the entrance to this District 2. This sign shall be removed within six months of the initial sale of all residential lots within the PUD. Freestanding 6 feet 32 square feet Construction Freestanding 6 feet 32 square feet Real Estate Freestanding 4 feet 6 square feet Temporary Freestanding 4 feet 6 square feet Personal Identification Freestanding 4 feet 2.5 square feet 2. R10 - Single Family Residential District Type of Sign & Structural Type Maximum Height Maximum Sign Area Per Face Subdivision identification Conditions: 1. One sign allowed on each side of the entry road into the PUD from County Road 100. 2. Signs may be loaded within the road right-of-way within the PUD but shall be setbeck a minimum of six feet from the edge of the traffic lane of the roadway. Freestanding 6 feet 16 square feet 111111111111111111111111 11111111 1!11111 111 1111111111111 '521511 e2/Se/1$N •1:4er •1151 Fs53 I.1DORP 12 0 15 R GAS D 5.N GARFIELD COUNTY CO SubdivisionRZaal Estates Sams Conditions: 1. One sign allowed at the entrance to the PUD from County Road 100. 2. This sign shall be removed within six months of the initial sale of all residential lobs within the PUD. Freestanding 6 feet 32 square feet Construction Freestanding 6 feet Real Estate Freestanding 4 feet Temporary Freestanding 4 feet Personal Identification Freestanding 4 feet 2. Equestrian Center District Type of Sign & Structural Type Maximum Height 32 square lest 6 square feet 6 square feet 2.5 square feet Maximum Sign Area Per Face Business Freestanding 16 feet Wall Projecting Suspended (Rod Mounted Signs Prohibited) Construction Freestanding 6 feet Rea/ Estate Freestanding 4 feet Temporary Freestanding 4 feet Personal IdentlAcatlon Freestanding 4 fast 100 square feet 40 square feet 40 square fest 40 square feet 32 square fast 6 square feet 6 square feet 2.5 square feet 11111111111111111111111 1.1011111111111 111 1111111111111 821911 e3/le/lass elPI$4 M ALSDORf 13 .f 15 R e.ee D 1.ee GARFIELD COUNTY CO B. FENCES All fences shall be subject to the Garfield County Zoning Resolution as amended except as listed below. 1. Fences within the Open Space Cistrict shall observe the following criteria except for areas requiring protection from wildlife: a) Maximum height Wire Fence or solid fence or wall - 44 inches Rail Fence - 54 inches 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 bk.ilding setbacks of the district. 2. Fences within the Residential Districts shall not exceed 48" when located within the Front Yard Setback. C. UCHTING All site lighting shall be downward directed to avoid projection of the light beyond the boundaries of the lot. The luminar Tight source shall be shielded to minimize glare when observed from adjacent Tots. M. VARIANCE FROM SUBDIVISION REGULATIONS 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 Standard. 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 b. Minimum Driving Surface, Outside Radius 8 75 feet 70 feet i Illiii IIOI::,iii 1{011 I� 11111INit:i iii III ilii 521511 ea/15/IWI e1 41P 51NR P155 N II.3005? 14 .f 15 R D. 110 D l.M ORRFIELD COUNTY CO •P SHANA FARM PUD Reed Design Standards 7J21NY7 ROAD NAME R.O.W. LANE SHOULDER DITCH MINIMUM IANOMUM CUL -OE -SAC WIDTH WIDTH WIDTH WIDTH C. UNE GRADE RADIUS M widths & radii are In test RADIUS R.O.W. Plenary Aooses 70 12 4 10' min. 100 75 Secondary Access 70 11 4 10' min. 100 Sli 75 NOTES: 1. NI road surfaces are a minimum of cNp 8 seat. 2. Al roads are two lanes In veldt S. Shoulders are pawl or a eteblaed structural sscdon as approved by the County Road Supervisor that aloes pass b paw In the shoulder area 4. Curb and gutter are not required an any road In the PUD. 5. Cul- le eaos shoe have a mUwnu n paved, outside turning radios d 70 test Exhibit B 1 6121111111 10131/1101/1119j1161111101,111111916111111 11611II401P111811116111III 1M111A1L1SIOIIO1111 15 of 15 R 0.00 D 0.00 GARFIELD COUNTY CO PROPERTY DESCRIPTION A parcel of land situated in a portion of Lots 3, 4, 6, 17, 18 and 19 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence S.60'01'05"W. 2350.39 feet to the Southeast Corner of Reception No. 279416, also being a point on the westerly right-of-way of County Read No. 100, a rebar and cap L.S. No. 10732 in place, the True Point of Beginning: thence S.00.11'29"W. along said westerly right-of-way 827.14 feet to a rebar and cap L.S. No. 10732 in place; thence continuing along said westerly right -of -my S.03.56'29"W. 117.74 feet to a rebar and cap L. S. No. 10732 in place; thence continuing along said westerly right-of-way S.11'37'27"W. 299.44 feet: thence leaving said westerly right-of-way N.72.41'32"W. along a line being northerly of Blue Creek 136.34 feet; therce continuing along a line being northerly of Blue Creek N.77.44'52"W. 317.09 feet; thence continuing along a line being northerly of Blue Creek N.62.48'46"W. 375.98 feet; thence continuing along a line being northerly of Blue Creek N.41'30'29"W. 89.74 feet; thence continuing along a line being northerly of Blue Creek N.81'01'17"W. 285.92 feet; thence N.13.12'20"E. 120.00 feet to a point in an existing fence; thence N.76'47'40"W. along said existing fence 1038.73 feet to a point on the easterly line of Parcel 8 of Reception No. 375658 (from whence rebar and cap L.S. No. 10732 bears 5.00.00'18"W. 263.28 feet); thence N.00.00'18"E. along said easterly lire 1013.61 feet to a point on the southerly right -of -may of Colorado State Highway No. 82 as evidenced by existing right -of -wary monuments and the existing centerline (whence a rebar and cap L.S. No. 3317 bears S.00'00'18"W. 3.99 feet); thence 3.79'56'55"E. along said southerly right-of-way 1982.77 feet; thence S.10'30'58"W. along the easterly line of said Reception No. 279416 133.47 feet to a reber and cap L.S. No. 10732 in place; thence S.79'44'32"E. along the southerly line of said Reception No. 279416 247.29 feet to the True Point of Beginning; said parcel containing 57.889 acres, more or less. Together with a perpetual easement being a portion of Parcel "B" shown in Reception No. 375658 situated in a portion of Lot 17 of Section 31. Township 7 South, Range 87 West of the Sixth Principal Meridian. County of Garfield. State of Colorado; said emement being more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stone in place; thence 5.81.10'28"W. 4257.59 feet to a point on the saatherly right-of-way of State Highway No. 82, the True Point of Beginning; thence S.00'00'18"W. along the easterly line of said Parcel "8" 1013.61 feet to a point on an existing fence: thence N.76'47'40"W. along said fence 67.27 feet to a point on the westerly line of said Parcel "B"; thence N.00.07'35"E. along said westerly lime 1009.48 feet to a point on the southerly right-of-way of said State Highway No. 82: thence S.79.56'55"!. along said southerly right-of- way 64.35 feet to the True Point of esalnnlm: said easement containing 1.496 acres, more or lees.