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Home My WebLink About5.0 Resolution 95-074j I Ij 1 'i ! 7(u 482954 8-952 P-742 09/12/95 10:19A PG },IILDRED AISDORF GARFIELD COI.]NTY CLERK Don DeFord Mildred Alsdorf Chuck Deschenes DOC STATE OF COLORADO County of Garfield [14 regu]ar meeting of the Board of County Commissioners for Garfield County, C)olorado, held in the Commissioners'Meeting Room, Garfreld County Courthouse, in Glenwood Springs oo Monday , 16a 11t l-b1 septpmber A.D. 19 95 , there were present: Marian I. Smith Commissioner Chairman Commissignsl Comrnissioner County Attorney Clerk of the Board County Administrator Arnold L. Mackley Elmer (Buckey) Arbaney 1 AND OF B REC RECORDER O.OO NCIT ) )ss ) when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 95_07 4 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION BY RB HOMES INC. FOR THE RIVERBEND FILING #5 PLANNED UNTI DEVELOPMENT AMENDMENTAND APPROVAL OF TtS PLAN WHEREAS, RB Homes Inc. has hled an application with the Board of County Commissioners of Garfield County, Colorado, for approval of the Riverbend Filing #5 PUD Zone District Amend.ment and its PUD Plan; WHEREAS, The Board of County Commissioners has now considered that application. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COLTNTY 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 hndings and conclusions: FINDTNGS 1. The application was frled with the Planning Department and referred to the Planning Commission consistent with statutory requirements. 2. The Garheld County Planning Commission reviewed the application and recommended approval of the application with certain conditions on April 12, 1995. 3. The Board of County Commissioners established a date for the public hearing on the application to commence on June 5, 1995. 48295/" @ffiB-95r P-74r 09/12/95 10r 19A PG 2 0F B 4.Pursuant to evidence produced at the public hearing on the application, the Board hnds: A. All property owners adjacent to the property that is subject to this application received noti.fication 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; The substance of the mailing and published notifications substantially informed interested parties of the subject matter and location of the requested zoning; The Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon. The hearing before the Board on June 5, 1995 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; The PUD provides a variety of housing types in a layout allowing for open space urgillu.y to the building locations; The PUD, if fully developed, will result in an increased assessed valuation to the property; 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 ZorrtngResolution of 1978, as amended and Section 24-67- 105, C.R.S., as amended. In accordance with Section 4.07.01 of the Garheld County Zorung Resolution of 1978, as amended, the Board of County Commissioners herein hnd 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. The requirements of Section 4.07.03 of tile Garlield County ZontngResolution 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 ; The proposed PUD provides adequate internal street circulation for the traffrc generated by the development. The private internal streets provide adequate access for fire and police protection, as well as bicycle traffrc; The PUD provides adequate parking lor all proposed uses; C. D. 5. 7. 8. 9. B. C. B. C. 482954 @ -s52 10. 11. O9/L2/95 10:19A PG 3 oFe space that is adequate for the usage of its ownD. The PUD provides common open residents; The PUD provides for a variety of housing types, including single-family and multi- family units; 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. The proposed PUD will allow the clustering of development to avoid areas of geologic hazards, permitting the creation of additional open space. The overall density of development, pursuant to the provisions of Section 4.07.06 o[ the Garlreld County ZontngResolution of 1978, as amended, will allow development of less than four (4) dwelling units per acre. The PUD exceeds the minimum number of acres required for PUD size. More thanZ1 percent of the PUD is devoted to common open space. 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 sire and total density within each use. Pursuant to the provisions of Section 4.08.05 of the Garfield County lsning Resolution of l978,asamended, the applicant included their written request forPUD Amendment all of the following: A. A statement of ownership interest and written consent of all property owners; B. E. F. E. F. 12. 13. 14. 15. C. D. A proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated open space, type ofproposed uses and acreage devoted to uses, a proposed internal circulation system, the manner in which provision for water, sewer, telephone, electric, and gas exist, and other ne@ssary restrictions sought by the applicant; A regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilities; A map indicating the existing boundaries of the PUD, its acreage, existing structures and existing zoning; A site topographic map with five feet contour intervals was submitted with the application; A legal description of the area which the applicant wish to include in the PUD was submitted with the application; 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 G. 482954 @ B-952 P-745 Og/L2/95 10:19A PG 4 OF' B that provided information concerning the proposed water source, method of sewage treatment, the general manner in which storrn 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; 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 surroundin E area, will not unreasonably destroy wildlife, natural vegetation, unique features on the site, and mitigates the impacts of adjacent property owners; Subject to the provisions of Section 4.08.06 of the Garfield County Zoning Resolution, as amended, the Board of County Commissioners hnd that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. 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 moffication of a PUD previously approved tn 1977 , the proposed modification is consistent with eflicient 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 benelit upon any person. CONDITIONS OF APPROVAL The foregoing flrndings are specifically entered subject to the adoption of and strict compliance with the conditions set forth below. Such conditions are a result olconsideration of all evidence, including extensive public comment: 1.All representations, either within the application or stated at the public hearings before the Planning Commissionandthe BoardofCounty Commissionersshall beconsidered conditions of approval unless stated otherwise by the Board of County Commissieasl5. The Preliminary Plan shall include a mechanism to transfer ownership of the water and sewer systemto the Riverbend Filing 5 Homeowners Association, with provisions for outside water user fees that include equitable costs of service such as operation , maintenance, repair and administpfi6a. At Preliminary Plan a landscaping plan for the clarification ponds and sewage treatment area be developed and submitted that minimizes the visual impacts of the area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the request of RB Homes Inc. for a PUD Amendment for fuverbend Filing #5 PUD is hereby granted, subject to strict compliance with the conditions set forth herein. H. I. 16. t7. 2. 3. Dated thk /l& aav or STTbmJe,x , A.D. re4{. $ P-746 09/12/95 10:19A PG 5 OFB482954 vote: B-952 GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO BOARD OF GARFIELD Chairman "t;, i Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smit.h Arnold L. Macktrey Aye Aye AyeElmer (Buckey) Arbaney STATE OF COLORADO County of Garfield County Clerk and ex-officio Clerk of the Board of County Qqmmissioners, 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. INWfINESS WHEREOF, I have hereunto set my hand and affxed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex-offrcio Clerk of the Board of County Qemmissioners ) )ss ) I 482954 8-952 P-74T Og/LZ/gS 10:19A pG 6 oF B LEG/11- 0t:SCR/Pt lON A porce/ of /ond situored in (he Ntr/4sryt/4 ond (heNyt/4sqt/t or Section J4, Ion,nship S Sou(h,- iong, 9O Hrestof tlre sixth Principot Merrdion in the county of Gorfie/d, sto(eof Colorodo. Soid porce/ lying nor(hwesteriy if i,"norlh:vester/y rigrrt ol woy -tini for counry hoia uo. JJS osconstrucled ond in trtloce ond eosterly o7 o fe,ce osconstructed oncl rn ploce. Soid porcel being iiruporticu/orlS, descrrbecJ os follows.. Comn]encing of o poin( on (he northtveslerly riqh( of vcty ofQ"rlty Roctcl No. J-75 frorn whiclt (he sout/teos( corner of soidS-ec(ion .J4, o rock fourrcl irt trt/oce beors tttence i, 62.02'56" E. JJs7.,Bg fee( rJis(ctnr; utenci trui,ij Joicl rigtrt o/tvoy N. 24'09'J.9" ty. 744.4 r feer olonq soid finie; (hence/goving soicl r'ence N. Z4'Og,Jg" W. ti-l.ZS feet ti o pointin lhe Colorodo River,. ltrence N. 72.5J,OO,, i.- +ab J4 fee(4gfq soid rlver; lhence leoving soid river S. lO:i t;Zg,'-i.'7J0.2J feel lo o point on soirl riqh( of noy;-lTrirce5.5J'tO'O0" W. 655.9t feet to ttie piint ii Ou,gi"ninT.Soid porcel con(oins I0.6 / ocres, n)ore or less. 4uzss4 B-g ,Q, os/Lz/ss 1o:leA pG z oF B .e) \ N $ N N t\ N t BaI S)G(o\CO $s *$\ \fi s.\ fr \^\. B \h B E ,,'Yi \ \-i,t\\ \ L t\ I t rI *,nmewqnr__*Aq .drrn\ ,Y\ (\\ \\,\ ,/_\ \.\\z'_: \ \/ \\/\\,/ \i',\ !ij o\'e.\ 'r- \Vrg B\l-x \\ t- _,'itr ,-"' o)'' S.l fr -t 482954 @ B-952 Ui P-749 09/12/95 10:19A PG B OF B SINGLEfAMILY ZONE DISTRICT Uses bv dqlu: $ingle-family dwelting and custornary accessory uses, accessory to use of thefot for single-farrrily residential purposes and ferrces, heclges, gr"run.,-*;tis anrl similarlandscape features; park- -Uses,.S@tal: studio for conclur:[ of arts ancl craft-q arrcl home occupation_ llinimurn lot a.-rca: Fourteen thousanrj (14,OOO) square feet- .l\.iaxinlgrn [ot coverarre: Thirty percent (3O%). Minlmurr,r S,etback: 1) Front yard: Locat streers- Fifry (SO) feef tronr street centerline or twenty-flve (2b)feet frorn front lor line, whichever is greater; 2) Fear yard: Twenry-five (25) feet fronr rear lot line; 3) SicIe yard: ren (iO) feerfrorn side lot line or one-half (%) the lreigtrt of the principalbuildirrg. whiclrever is greater. Mgrunq.lrt tleiqht of buitdi : Twerrty-five (28) feet. Maximurn floor area ratio: 0,15/1-O OFEN SPACE/PARKLAND used be riqht: Playgrounds, lrails, park, playing fields. Iandscaping, water ancl sewagetreatrnent facilities and lines. Minimr-rm setback: 1) Frorrt yard: Local strears- rifry tfOt feet from street cerrterline or twenty-five (25)feet from front lot line, whiclrever is greater; Zl Rear yard: Twerrty-five (28) feet from rear lot line; 3) Side yard: Ten (10) feet from side lot line or one_lralf (%) ttte height of the principalbuilding, whichever is greater. @: Twenry-{ive (28) feet. TWO-FAM! LY zo NE T4ETBICT Uses bv riohtr Two-family dwelling and custornary accessory usos, eccessory to use of ilrelot for two-family residential purposeu anrJ fences. lredges, gardens. walls ancl sirnilarlandscapa features; park. usgs,lpee.ial: Studio for concjuct of arts and crafts and horTre occupation. l4i:llgtLlqtaeF_: Fourteerr tjrousa nd ( 1 4,000 ) square f ee r. -lvlqxirnurrr lot coverage.: Fifty t)ercent (bO%). lvlirrimum Setback: 1) Frr:rnt yard- Lur,-al streets. Frlty (50) feet {rom su.eet centerline or twenty_five (25)feet from front lot lirre, vyhichever is greatBr; 2l Rear yard: Twenty-five (25) feet from rear tot [ine; 3) Side yard: Ten (1O) feet frorr side lot line or orre_half ()i) 1|-re 5eigtrt of ttre principalbLritding, whichever- is greater_ MaXimum height of bui : Twenty-five (2S) feet. MaN.ln_urn floprereararis: o.25 I 1 -o