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HomeMy WebLinkAbout1.0 ApplicationrP dEPwofdscP;Ras ' ' ' • • � � tMR ON IS ' 1 1 '1111• ``��\\\��. .�,�®�� E�• AttuNnq fn Cobvb (m. lW muef deaf N Nb emy nNN Nree �wv oRw- pu 9af dlrom vts/r uble[t M rw sronf % Y NDa/ aPn Wml War Y <vfscf A Nb v Y m @TM^ea.N mae Mar (en Gve4 A44lNLiURERfE/Ct�P�NC RPWL P-TYT' RPP ALR/NL iP4E RL[6C]/!)dL Rrceu crosm AGR/NLNRERES/P4/!W. RUPrIC [£NST' Existing Zoning Battlement Mesa PUD Garfield Co un ty, CO GRAPHIC SCALE w eer ) I wu - f000tt - LEGEND - Existing Town of Parachute Boundary Contiguous Boundary of Annexation Parcel wilt cxistil-c Town of Parachute NOTES: 1. Basis of Bearings: Bearings shown hereon are based on a bearing of N00°50'57"E a distance of 2639.64 feet between the Southeast corner of Section 7 and the East Corner of Section 7 as shown hereon. 2. Date of field survey : November, 2006 & February, 2017. 3. Units of linear measurements are displayed in US Survey Feet. 4. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. i Lyons Family Annexation Map Na, 1 Section 7, T.7 S., R.95 W. of the 6th P.M. Garfield County, Colorado An annexation of 23.689 acres to the Town of Parachute, Colorado. ii i I I 1 I T I I I I I I I I I I West Gas Easement Book 345 Page 494 r Baker Parcel (Deed: Rec. No. 834792) i/ / I aeala°�°r�gu°u o{ N53°18'25"E iI e° y sh°uCCe�� ec ,►'' 635.50' I N v k �e ire 8� No. a �\° , 0°°cod° PRe1pa�6 r S88°24'36"E / i I 83.00' i/ N01°06'12"E 1 485.33' I Annexation I 1 Parcel I i 23.689 Ac. ± I � I / I / River Bluff Filing No. 2 (Plat: Rec. No. 344067) I p�` I S87°39'21 "E 254.75' W � � n Lo o / p N ' Z �co1 .hh S4j� moo" i Graphic Scale i 0 100 200 400 / � i In Feet: 1 " = 200' / Perimeter of area being annexed 5668.46' Minimum Contiguous Boundary (5668.46 x 1/6) 944.74' Actual Contiguous Boundary 1178.76' Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Access & Utility Easement Access 362166 tion No. Curve # Length Radius Delta Chord Direction I � C1 312.62' 676.58' I � S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E I ` C3 189.63' 444.41' / S13'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W I � C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Green Subd. N19'52'07"W 112.88' L13 (Plat: Reception No. 169131) I L14 ii i I I 1 I T I I I I I I I I I I West Gas Easement Book 345 Page 494 r Baker Parcel (Deed: Rec. No. 834792) i/ / I aeala°�°r�gu°u o{ N53°18'25"E iI e° y sh°uCCe�� ec ,►'' 635.50' I N v k �e ire 8� No. a �\° , 0°°cod° PRe1pa�6 r S88°24'36"E / i I 83.00' i/ N01°06'12"E 1 485.33' I Annexation I 1 Parcel I i 23.689 Ac. ± I � I / I / River Bluff Filing No. 2 (Plat: Rec. No. 344067) I p�` I S87°39'21 "E 254.75' W � � n Lo o / p N ' Z �co1 .hh S4j� moo" i Graphic Scale i 0 100 200 400 / � i In Feet: 1 " = 200' / Perimeter of area being annexed 5668.46' Minimum Contiguous Boundary (5668.46 x 1/6) 944.74' Actual Contiguous Boundary 1178.76' Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Access & Utility Easement Access 362166 tion No. Account Nu bet R043902 20' Utility Easement I \ River Bluff q o Parcel Number 407-074-00-010 � I Rec. No. 366906 I Z _ Owner Name L NS, JOHN FAMILY I �y \y Filing 4 I PARTNI RSHIP LIP y \ (Plat: Rec. No. 344069) o Deed: Rec. No. 713735 (Parcel B) Willow Creek Village Section 1 (Plat: Rec. No. 321237) I Account Number R270127 - I `. Parcel Number 24Q7-074-00-007 I I o Q I Owner Name LYONS, JOHN M I I ���oFoa�`'��� Cb I &.JODY J I I � ` I Deed: Rec:. No. 715434 1 1 ��Q6^' oFQ o�w ^� I ti-�wv ' oq, / \ Utility Easement I �� \ Rec. No. 362171 The Fairways Phase 1 Curve Table Curve # Length Radius Delta Chord Direction I � C1 312.62' 676.58' I � S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E I ` C3 189.63' 444.41' 24'26'53" S13'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W I � C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Green Subd. N19'52'07"W 112.88' L13 (Plat: Reception No. 169131) I L14 S49'19'40"W 50.12' I River Bluff ` I Filing 9 \ Annexation Parcel ! (Plat: Rec. No. 352082) ` Point of Beginning 10' Public Service Esmt.I 'Account Number R490003 \ Reception NO. 222678 II' Parcel Number 2407-071-04-002 Owner Name LYONS, JOHN FAMILY I -I PARTNERSHIP LP I 10' Electric Easement I Lot 2, Block 1 I - I Replat of River Bluff Filing 9 I I i Parcel D (Plat: Rec. # 352082) I Account Number R270444 Deed: Rec. No. 713735 (Parcel D) Parcel Number 2407-074-00-006 I j Owner Name LYONS, JOHN M & JODY J I �.-_.-� I Deed: Rec. No. 739153 -- -- -- -- -- ---- I� Account Number R270040 Parcel Number 2407-074-00-001 I n I I Owner Name LYONS, JOHN FAMILYI o j- I I I ¢ PARTNERSK[P LP i o� Imo_ Utility Easement I Rec. No. 362177 I I Deed: Rec. No. 713284 I CoQ `� i M I o CD o i III � Account Number R270125 , 2 I Parcel Number 2407-074-00-004 Owner Name LYONS, JOHN FAMILY I PARTNERSHIP LP I 3N= W \ 11 Deed: Rec. No. 649531 I ztoz l CD \ \ I o=z O CD Ul _ RoaQ, 305 Account Nu bet R043902 20' Utility Easement I \ River Bluff q o Parcel Number 407-074-00-010 � I Rec. No. 366906 I Z _ Owner Name L NS, JOHN FAMILY I �y \y Filing 4 I PARTNI RSHIP LIP y \ (Plat: Rec. No. 344069) o Deed: Rec. No. 713735 (Parcel B) Willow Creek Village Section 1 (Plat: Rec. No. 321237) I Account Number R270127 - I `. Parcel Number 24Q7-074-00-007 I I o Q I Owner Name LYONS, JOHN M I I ���oFoa�`'��� Cb I &.JODY J I I � ` I Deed: Rec:. No. 715434 1 1 ��Q6^' oFQ o�w ^� I ti-�wv ' oq, / \ Utility Easement I �� \ Rec. No. 362171 The Fairways Phase 1 Curve Table Curve # Length Radius Delta Chord Direction Chord Length C1 312.62' 676.58' 2628'26" S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E 218.74' C3 189.63' 444.41' 24'26'53" S13'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W 66.71' C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Line Table Line # Direction Length L1 S43'14'11"E 55.74' L2 S34'04'07"E 96.36' L3 N01'31'30"E 39.37' L4 S011'11 2'09"W 25.17' L5 N87'10'29"W 201.37' L6 N89'08'10"W 102.65' L7 N52'53'06"W 170.00' L8 S05'46'34"W 121.76' L9 S01'33'14"E 71.93' L10 S08'16'36"E 24.62' 1-11 S08'00'25"E 110.24' L12 N19'52'07"W 112.88' L13 N50'01'25"W 76.31' L14 S49'19'40"W 50.12' Section 7 East 114 Corner 7 4 0 rn � � C N 0 a> M LL, 0 u7 O o 0 M 0 z Annexation Parcel Description: An annexation parcel situated in Section 7, Township 7 South, Range 95 West of the 6th P.M., County of Garfield, State of Colorado, said parcel being a portion of Parcel B, as described in the Warranty Deed recorded as Reception No. 713735 of the Garfield County records, and being more fully described as follows: Beginning at the northerly most corner of said Parcel B from whence the southeast corner of said Section 7 bears S33°39'42"E a distance of 3614.05 feet; Thence S00°00'00"E a distance of 1331.37 feet to a point on the southerly boundary of said Parcel B, thence along the boundary of said Parcel B the following ten (10) courses: 1. thence S49°19'40"W a distance of 194.67 feet; 2. thence S58°46'51 "W a distance of 1312.37 feet; 3. thence N23'1 1'55"E a distance of 380.79 feet; 4. thence N09'57'50"E a distance of 230.56 feet; 5. thence S87°39'21 "E a distance of 254.75 feet; 6. thence N37'01'04"E a distance of 210.13 feet; 7. thence N10°10'23"E a distance of 550.00 feet; 8. thence N01 *06'121 a distance of 485.33 feet; 9. thence S88°24'36"E a distance of 83.00 feet; 10. thence N53'18'25"E a distance of 635.50 feet to the point of beginning, said annexation parcel containing 23.689 acres, more or less. BOARD OF TRUSTEE'S CERTIFICATE: THIS ANNEXATION MAP APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF PARACHUTE, GARFIELD COUNTY, COLORADO, THIS __ DAY OF _______, 2017, FOR THE FILING WITH THE COUNTY CLERK AND RECORDER OF GARFIELD COUNTY MAYOR ATTEST: TOWN CLERK CLERK AND RECORDER'S CERTIFICATE: THIS ANNEXATION MAP IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT_______O'CLOCK _.M., ON THE_______ DAY OF ____________- 2017, AS RECEPTION NO. -----------------• CLERK AND RECORDER ------------------ BY: DEPUTY SURVEYORS CERTIFICATE: G I, ROBERT E. BRAND Y,E Y STA AT I AM A REGISTERED LAND SURVEYOR LICE U AWS E STATE OF COLORADO, THAT THIS MAP IS A TRU RRE PL YONS FAMILY ANNEXATION MAP N0. 1, THAT THIS MA WAS PRE B AND UNDER MY SUPERVISION AND CORRECTLY SHOWS T LOCATIO DIMENSIONS OF THE AREAS TO BE ANNEXED. IN WITNESS REOF I HAVE SET MY HAND AND SEAL THIS _____ DAY OF --------- 2017. Robert E. Brandeberry 1 Colorado PLS # 38388 For, and on behalf of SGM - LEGEND - Existing Town of Parachute Bounda-y Lyons Family Annexation Map No. 2 .�eCflon /, I./ �., K.yS W. of Tne 6Tn F.M. Garfield County, Colorado An annexation of 42.043 acres to the Town of Parachute, Colorado. I � I � I ` I � _ West Gas Easement Green Subd. j Book 345 Page 494 Annexation Pari pt: Reception No. 169131) I I Point of Beginning River Bluff I Filing 9 \ \ (Plat: Rec. No. 352082) \ L1 i 5�p 46' L2 I N�3�1'22'E j 11 Baker Parcel // // �' 10' Public Service Esmt. I Account Number R490003 Reception NO. 222678 n Parcel Number 2407-071-04-002 (Deed: Rec. No. 834792) / / N89°54 57 E 782.45 -' Owner Name LYONS, JOHN FAMILY PARTNERSHIP LP � 10' Electric Easement I Lot 2, Block 1 i I I Replat of River Bluff Filing 9 Parcel D (Plat: Rec. # 352082) Account Number R270444 Deed: Rec. No. 713735 (Parcel D) Parcel Number 2407-074-00-006 1 Owner Name LYONS, JOHN M & JODY J Deed: Rec. No. 739153 1r -- -� ---- - - / _ 11 Contiguous Boundary of Annexation Parcel wild, exisiillc 111111111111111 i/ i I I I Town of Parachute / 1 Account Number R270040 I / I II Parcel Number 2407-074-00-001 I I c=n NOTES: 1. Basis of Bearings: Bearings shown hereon are based on a bearing of N00°50'57"E a distance of 2639.64 feet between the Southeast corner of Section 7 and the East Corner of Section 7 as shown hereon. 2. Date of field survey : November, 2006 & February, 2017. 3. Units of linear measurements are displayed in US Survey Feet. 4. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. BOARD OF TRUSTEE'S CERTIFICATE: THIS ANNEXATION MAP APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF PARACHUTE, GARFIELD COUNTY, COLORADO, THIS __ DAY OF _______________- 2017, FOR THE FILING WITH THE COUNTY CLERK AND RECORDER OF GARFIELD COUNTY MAYOR ATTEST: TOWN CLERK CLERK AND RECORDER'S CERTIFICATE: THIS ANNEXATION MAP IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ------- O'CLOCK _.M., ON THE_______ DAY OF ________1 2017, AS RECEPTION NO. ___________. CLERK AND RECORDER BY: DEPUTY SURVEYOR'S CERTIFICATE: I, ROBERT E. BRANDEBERRY, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS MAP IS A TRUE, CORRECT AND COMPLETE LYONS FAMILY ANNEXATION MAP NO. 2, THAT THIS MAP PARED BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATIO D DIMEN ONS OF THE AREAS TO BE ANNEXED. IN WITNESS WHEREOF I HAVE SET MY HAND AND T A 2017. Robert E. Bra er Colorado 3 8 O For hal GM Obi Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Owner Name LYONS, JOHN FAMILY I w / j I Shea uS 1. PARTNERSHIP LIP I I o� ° Annexation I � I I •��S I I Deed: Rec. 713284 No. I CDoQ � I i I v Sh° C erg \-N� S t o a o I a' I I Parcel o a L, I I 1 lea a es OUC•\�h°Wn e �y°n I I j Account Number R270125 �o N I a�G W �h °p 42.043 Ac. ± i Parcel Number 2407-074-00-004 I^�Lo j I °g°ura°�� vie gel M Owner Name LYONS, JOHN FAMILY I �oZ^ re*o �1°' - PARTNERSHIP LP 1 �0"_ PRe°ep�`0��� It I1 Deed: Rec. No. 649531 z �z o / \ C) / I 1 0E� o azo cn Easement 3 Access & utility y ROaa' 305`-- - - Reception No. 362166 L4 � /I \ �' -- I - Recep - _ 1 '40"WQN88-59 ' Account Number R043902 20' Utility Easement --- I L5 196.68 1 ") Parcel Number 2407-074-00-010 Rec. No. 366906 I River Bluff q3 TT I Owner Name LYONS, JOHN FAMILY I �\ �, Filing 4 1 River Bluff PARTNERSHIP LP r' (Plat: Rec. No. 344069) 1 •o Filing No. 2 I Deed: Rec. No.: 713735 (Parcel B) I `\ I \ (Plat: Rec. No. 344067) I S89°04'43"E j I I 269.16' c� I ' I Account Number R270127 j Parcel Number I C5 I 2407-074-00-007 Owner Name LYONS, JOHN Mlb �FOz�`c; &. JODY J I 1 z / 1 Deed: Rec:. No. 715434 I I o o Q o Qom" _ �m Ja 00 L6 4- I i r �.o,�V,1 8j / Graphic Scale `��1 -- _ i PP�'� 3 / 0 100 200 400 Utility Easement Rec. No. 362171 J In Feet: 1 " = 200' ' I � ' '4001 i 1001l Willow Creek Village Section 1 A\\ (Plat: Rec. No. 321237) The ` Fairways Phase 1 / / / / / Curve Table Curve # Length Radius / Chord Direction Chord Length C1 1 i I i I I I I I 676.58' Curve Table Curve # Length Radius Delta Chord Direction Chord Length C1 312.62' 676.58' 26'28'26" S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E 218.74' C3 189.63' 444.41' 24'26'53" 513'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W 66.71' C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Line Table Line # Direction Length L1 S43'14'11"E 55.74' L2 S34'04'07"E 96.36' L3 N01'31'30"E 39.37' L4 S01.12'09"W 25.17' L5 N87'10'29"W 201.37' L6 N89'08'10"W 102.65' L7 N52'53'06"W 170.00' L8 S05'46'34"W 121.76' L9 S01'33'14"E 71.93' L10 S0816'36"E 24.62' 1-11 S08'00'25"E 110.24' L12 N19'52'07"W 112.88' L13 N50'01'25"W 76.31' L14 S49'19'40"W 50.12' Utility Easement Rec. No. 362177 S00°58'06"W 195.99' Section 7 East 114 Corner M Cn M0) co C N 0 a> C3 w 0 1� Cn �n CD P o 0 m 0 z Annexation Parcel Description: An annexation parcel situated in Section 7, Township 7 South, Range 95 West of the 6th P.M., County of Garfield, State of Colorado, said parcel being those properties described in the deeds recorded as Reception No.'s 713284, 739153, 649531 & 715434; all of Parcel A, a portion of Parcel B, all of Parcel C (being Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded July 22, 1982 as Reception No. 344071) and all of Parcel D (being Lot 2, Block 1, Replat of River Bluff Filing 9 according to the plat thereof recorded May 7, 1984 as Reception No. 352082) as described in the Warranty Deed recorded as Reception No. 713735 of the Garfield County records, and being more fully described as follows: Beginning at the northerly most corner of said Parcel B from whence the southeast corner of said Section 7 bears S3339'42"E a distance of 3614.05 feet; Thence S43'14'11 "E along the northerly boundary of said Parcel B a distance of 55.74 feet; Thence S34'04'07"E along the northerly boundary of said Parcel B a distance of 96.36 feet; Thence N89°54'57"E along the northerly boundary of that parcel described in Reception No. 739153 a distance of 782.45 feet to the west line of Lot 2, Block 1, Replat of River Bluff Filing No. 9 according to the plat thereof recorded as Reception No. 352082 (Lot 2); thence N 0131'30" E along said Lot 2 a distance of 39.37 feet; thence N 7331'22" E along said Lot 2 a distance of 500.46 feet; thence 312.62 feet along said Lot 2 along a curve to the right, having a radius of 676.58 feet, a central angle of 026°28'26", the chord of which bears S 11°54'03" E, a distance of 309.85 feet; thence S 00'57'25" W along said Lot 2 then along the east line of that parcel described as Parcel A in Reception No. 713735 a distance of 722.59 feet to the southeast corner of said Parcel A; thence N 88°59'40" W along the south line of said Parcel A, a distance of 196.68 feet to the southwest corner of said Parcel A also being the easterly line that parcel described in Reception No. 649531 also being the northerly most corner of Lot 1, Block 1, River Bluff Filing 4 according to the plat thereof recorded as Reception No. 344069 (Lot 1); thence S 01*12'09" W along said Lot 1 a distance of 25.17 feet; thence N 87°10'29" W along said Lot 1 a distance of 201.37 feet; thence 225.31 feet along said Lot 1 along a curve to the right, having a radius of 268.11 feet, a central angle of 048°08'57", the chord of which bears S 35°08'43" E, a distance of 218.74 feet to northerly most corner of Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded as Reception No. 344071 (Lot 1, Block 1, River Bluff Filing 8); thence S 89°04'43" E along said Lot 1, Block 1, River Bluff Filing 8 a distance of 269.16 feet; thence S 00°58'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 195.99 feet; thence 189.63 feet along said Lot 1, Block 1, River Bluff Filing 8 along a curve to the right, having a radius of 444.41 feet, a central angle of 024'26'53", the chord of which bears S 13°05'52" W, a distance of 188.19 feet; thence N 89°08'10" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 102.65 feet; thence N 52°53'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 170.00 feet to the northerly most corner of Lot 1, Block 1, River Bluff Filing 3 according to the plat thereof recorded as Reception No. 344068 (Lot 1, Block 1, River Bluff Filing 3); thence S 05°46'34" W along said Lot 1, Block 1, River Bluff Filing 3 distance of 121.76 feet; thence S 0133'14" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 71.93 feet; thence S 08°16'36" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 24.62 feet to an easterly corner of that parcel described as Parcel B in the Warranty Deed recorded as Reception No. 713735; Thence along said Parcel B the following nine (9) courses 1. thence S 08°00'25" E along said Parcel B a distance of 110.24 feet; 2. thence 66.77 feet along a curve to the right, having a radius of 450.00 feet, a central angle of 00830'04", the chord of which bears S 70°59'58" W, a distance of 66.71 feet; 3. thence S 75°15'00" W a distance of 337.46 feet; 4. thence N 19°52'07" W a distance of 112.88 feet; 5. thence N 3334'47" W a F feet; Section 7 East 114 Corner M Cn M0) co C N 0 a> C3 w 0 1� Cn �n CD P o 0 m 0 z Annexation Parcel Description: An annexation parcel situated in Section 7, Township 7 South, Range 95 West of the 6th P.M., County of Garfield, State of Colorado, said parcel being those properties described in the deeds recorded as Reception No.'s 713284, 739153, 649531 & 715434; all of Parcel A, a portion of Parcel B, all of Parcel C (being Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded July 22, 1982 as Reception No. 344071) and all of Parcel D (being Lot 2, Block 1, Replat of River Bluff Filing 9 according to the plat thereof recorded May 7, 1984 as Reception No. 352082) as described in the Warranty Deed recorded as Reception No. 713735 of the Garfield County records, and being more fully described as follows: Beginning at the northerly most corner of said Parcel B from whence the southeast corner of said Section 7 bears S3339'42"E a distance of 3614.05 feet; Thence S43'14'11 "E along the northerly boundary of said Parcel B a distance of 55.74 feet; Thence S34'04'07"E along the northerly boundary of said Parcel B a distance of 96.36 feet; Thence N89°54'57"E along the northerly boundary of that parcel described in Reception No. 739153 a distance of 782.45 feet to the west line of Lot 2, Block 1, Replat of River Bluff Filing No. 9 according to the plat thereof recorded as Reception No. 352082 (Lot 2); thence N 0131'30" E along said Lot 2 a distance of 39.37 feet; thence N 7331'22" E along said Lot 2 a distance of 500.46 feet; thence 312.62 feet along said Lot 2 along a curve to the right, having a radius of 676.58 feet, a central angle of 026°28'26", the chord of which bears S 11°54'03" E, a distance of 309.85 feet; thence S 00'57'25" W along said Lot 2 then along the east line of that parcel described as Parcel A in Reception No. 713735 a distance of 722.59 feet to the southeast corner of said Parcel A; thence N 88°59'40" W along the south line of said Parcel A, a distance of 196.68 feet to the southwest corner of said Parcel A also being the easterly line that parcel described in Reception No. 649531 also being the northerly most corner of Lot 1, Block 1, River Bluff Filing 4 according to the plat thereof recorded as Reception No. 344069 (Lot 1); thence S 01*12'09" W along said Lot 1 a distance of 25.17 feet; thence N 87°10'29" W along said Lot 1 a distance of 201.37 feet; thence 225.31 feet along said Lot 1 along a curve to the right, having a radius of 268.11 feet, a central angle of 048°08'57", the chord of which bears S 35°08'43" E, a distance of 218.74 feet to northerly most corner of Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded as Reception No. 344071 (Lot 1, Block 1, River Bluff Filing 8); thence S 89°04'43" E along said Lot 1, Block 1, River Bluff Filing 8 a distance of 269.16 feet; thence S 00°58'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 195.99 feet; thence 189.63 feet along said Lot 1, Block 1, River Bluff Filing 8 along a curve to the right, having a radius of 444.41 feet, a central angle of 024'26'53", the chord of which bears S 13°05'52" W, a distance of 188.19 feet; thence N 89°08'10" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 102.65 feet; thence N 52°53'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 170.00 feet to the northerly most corner of Lot 1, Block 1, River Bluff Filing 3 according to the plat thereof recorded as Reception No. 344068 (Lot 1, Block 1, River Bluff Filing 3); thence S 05°46'34" W along said Lot 1, Block 1, River Bluff Filing 3 distance of 121.76 feet; thence S 0133'14" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 71.93 feet; thence S 08°16'36" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 24.62 feet to an easterly corner of that parcel described as Parcel B in the Warranty Deed recorded as Reception No. 713735; Thence along said Parcel B the following nine (9) courses 1. thence S 08°00'25" E along said Parcel B a distance of 110.24 feet; 2. thence 66.77 feet along a curve to the right, having a radius of 450.00 feet, a central angle of 00830'04", the chord of which bears S 70°59'58" W, a distance of 66.71 feet; 3. thence S 75°15'00" W a distance of 337.46 feet; 4. thence N 19°52'07" W a distance of 112.88 feet; 5. thence N 3334'47" W a distance of 307.76 feet; 6. thence N 37°44'09" W a distance of 201.75 feet; 7. thence N 50°01'25" W a distance of 76.31 feet; 8. thence 337.82 feet along a curve to the left, having a radius of 240.00 feet, a central angle of 08038'55", the chord of which bears S 8939'07" W, a distance of 310.61 feet; 9. thence S 49°19'40" W a distance of 50.12 feet; thence N 00°00'00" E a distance of 1331.37 feet to the Point of Beginning, said annexation parcel containing 42.043 acres, more or less. Perimeter of area being annexed 7236.33 Minimum Contiguous Boundary (7236.33 x 1/6) 1206.06' Actual Contiguous Boundary 1331.37' - LEGEND - Existing Town of Parachute Boundary Contiguous Boundary of Annexation Parcel with, cxislil-c Town of Parachute NOTES: 1. Basis of Bearings: Bearings shown hereon are based on a bearing of N00°50'57"E a distance of 2639.64 feet between the Southeast corner of Section 7 and the East Corner of Section 7 as shown hereon. 2. Date of field survey : November, 2006 & February, 2017. 3. Units of linear measurements are displayed in US Survey Feet. 4. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. i Lyons Family Annexation Map Na, 1 Section 7, T.7 S., R.95 W. of the 6th P.M. Garfield County, Colorado An annexation of 23.689 acres to the Town of Parachute, Colorado. ii i I I 1 I T I I I I I I I I I I West Gas Easement Book 345 Page 494 r Baker Parcel (Deed: Rec. No. 834792) i/ / I aeala°�°r�gu°u o{ N53°18'25"E iI e° y sh°uCCe�� ec ,►'' 635.50' I N v k �e ire 8� No. a �\° , 0°°cod° PRe1pa�6 r S88°24'36"E / i I 83.00' i/ N01°06'12"E 1 485.33' I Annexation I I Parcel I i 23.689 Ac. ± I � I / I / River Bluff Filing No. 2 (Plat: Rec. No. 344067) I p�` I S87°39'21 "E 254.75' W � � n Lo o / p N ' Z �co1 .hh S4j� moo" i Graphic Scale i 0 100 200 400 / � i In Feet: 1 " = 200' / Perimeter of area being annexed 5668.46' Minimum Contiguous Boundary (5668.46 x 1/6) 944.74' Actual Contiguous Boundary 1178.76' Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Access & Utility Easement Access 362166 tion No. Curve # Length Radius Delta Chord Direction I � C1 312.62' 676.58' I � S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E I ` C3 189.63' 444.41' / S13'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W I � C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Green Subd. N19'52'07"W 112.88' L13 (Plat: Reception No. 169131) I L14 ii i I I 1 I T I I I I I I I I I I West Gas Easement Book 345 Page 494 r Baker Parcel (Deed: Rec. No. 834792) i/ / I aeala°�°r�gu°u o{ N53°18'25"E iI e° y sh°uCCe�� ec ,►'' 635.50' I N v k �e ire 8� No. a �\° , 0°°cod° PRe1pa�6 r S88°24'36"E / i I 83.00' i/ N01°06'12"E 1 485.33' I Annexation I I Parcel I i 23.689 Ac. ± I � I / I / River Bluff Filing No. 2 (Plat: Rec. No. 344067) I p�` I S87°39'21 "E 254.75' W � � n Lo o / p N ' Z �co1 .hh S4j� moo" i Graphic Scale i 0 100 200 400 / � i In Feet: 1 " = 200' / Perimeter of area being annexed 5668.46' Minimum Contiguous Boundary (5668.46 x 1/6) 944.74' Actual Contiguous Boundary 1178.76' Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Access & Utility Easement Access 362166 tion No. Account Nu ber R043902 20' Utility Easement I \ River Bluff q o Parcel Number 407-074-00-010 � I Rec. No. 366906 I Z _ Owner Name L NS, JOHN FAMILY I �y \y Filing 4 I PARTNI RSHIP LIP y \ (Plat: Rec. No. 344069) o Deed: Rec. No. 713735 (Parcel B) Willow Creek Village Section 1 (Plat: Rec. No. 321237) I Account Number R270127 - I `. Parcel Number 24Q7-074-00-007 I I o Q I Owner Name LYONS, JOHN M I I ���oFoa�`'��� Cb I &.JODY J I I � ` I Deed: Rec:. No. 715434 1 I ��Q6^' oFQ o�w ^� I ti-�wv ' oq, / \ Utility Easement I �� \ Rec. No. 362171 The Fairways Phase 1 Curve Table Curve # Length Radius Delta Chord Direction I � C1 312.62' 676.58' I � S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E I ` C3 189.63' 444.41' 24'26'53" S13'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W I � C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Green Subd. N19'52'07"W 112.88' L13 (Plat: Reception No. 169131) I L14 S49'19'40"W 50.12' I River Bluff ` I Filing 9 \ Annexation Parcel ! (Plat: Rec. No. 352082) ` Point of Beginning 10' Public Service Esmt.I 'Account Number R490003 \ Reception NO. 222678 II' Parcel Number 2407-071-04-002 Owner Name LYONS, JOHN FAMILY I -I PARTNERSHIP LP I 10' Electric Easement I Lot 2, Block 1 I - I Replat of River Bluff Filing 9 I I i Parcel D (Plat: Rec. # 352082) I Account Number R270444 Deed: Rec. No. 713735 (Parcel D) Parcel Number 2407-074-00-006 I j Owner Name LYONS, JOHN M & JODY J I �.-_.-� I Deed: Rec. No. 739153 -- -- -- -- -- ---- I� Account Number R270040 Parcel Number 2407-074-00-001 I n I I Owner Name LYONS, JOHN FAMILYI o j- I I I ¢ PARTNERSK[P LP i o� Imo_ Utility Easement I Rec. No. 362177 I I Deed: Rec. No. 713284 I CoQ `� i M I o CD o i III � Account Number R270125 , 2 I Parcel Number 2407-074-00-004 Owner Name LYONS, JOHN FAMILY I PARTNERSHIP LP I 3N= W \ 11 Deed: Rec. No. 649531 I ztoz l CD \ \ I o=z O CD Ul _ RoaQ, 305 Account Nu ber R043902 20' Utility Easement I \ River Bluff q o Parcel Number 407-074-00-010 � I Rec. No. 366906 I Z _ Owner Name L NS, JOHN FAMILY I �y \y Filing 4 I PARTNI RSHIP LIP y \ (Plat: Rec. No. 344069) o Deed: Rec. No. 713735 (Parcel B) Willow Creek Village Section 1 (Plat: Rec. No. 321237) I Account Number R270127 - I `. Parcel Number 24Q7-074-00-007 I I o Q I Owner Name LYONS, JOHN M I I ���oFoa�`'��� Cb I &.JODY J I I � ` I Deed: Rec:. No. 715434 1 I ��Q6^' oFQ o�w ^� I ti-�wv ' oq, / \ Utility Easement I �� \ Rec. No. 362171 The Fairways Phase 1 Curve Table Curve # Length Radius Delta Chord Direction Chord Length C1 312.62' 676.58' 2628'26" S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E 218.74' C3 189.63' 444.41' 24'26'53" S13'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W 66.71' C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Line Table Line # Direction Length L1 S43'14'11"E 55.74' L2 S34'04'07"E 96.36' L3 N01'31'30"E 39.37' L4 S011'11 2'09"W 25.17' L5 N87'10'29"W 201.37' L6 N89'08'10"W 102.65' L7 N52'53'06"W 170.00' L8 S05'46'34"W 121.76' L9 S01'33'14"E 71.93' L10 S08'16'36"E 24.62' 1-11 S08'00'25"E 110.24' L12 N19'52'07"W 112.88' L13 N50'01'25"W 76.31' L14 S49'19'40"W 50.12' Section 7 East 114 Corner 7 4 0 rn � � C N 0 a> M LL, 0 u7 O o 0 M 0 z Annexation Parcel Description: An annexation parcel situated in Section 7, Township 7 South, Range 95 West of the 6th P.M., County of Garfield, State of Colorado, said parcel being a portion of Parcel B, as described in the Warranty Deed recorded as Reception No. 713735 of the Garfield County records, and being more fully described as follows: Beginning at the northerly most corner of said Parcel B from whence the southeast corner of said Section 7 bears S33°39'42"E a distance of 3614.05 feet; Thence S00°00'00"E a distance of 1331.37 feet to a point on the southerly boundary of said Parcel B, thence along the boundary of said Parcel B the following ten (10) courses: 1. thence S49°19'40"W a distance of 194.67 feet; 2. thence S58°46'51 "W a distance of 1312.37 feet; 3. thence N23'1 1'55"E a distance of 380.79 feet; 4. thence N09'57'50"E a distance of 230.56 feet; 5. thence S87°39'21 "E a distance of 254.75 feet; 6. thence N37'01'04"E a distance of 210.13 feet; 7. thence N10°10'23"E a distance of 550.00 feet; 8. thence N01 *06'121 a distance of 485.33 feet; 9. thence S88°24'36"E a distance of 83.00 feet; 10. thence N53'18'25"E a distance of 635.50 feet to the point of beginning, said annexation parcel containing 23.689 acres, more or less. BOARD OF TRUSTEE'S CERTIFICATE: THIS ANNEXATION MAP APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF PARACHUTE, GARFIELD COUNTY, COLORADO, THIS __ DAY OF _______, 2017, FOR THE FILING WITH THE COUNTY CLERK AND RECORDER OF GARFIELD COUNTY MAYOR ATTEST: TOWN CLERK CLERK AND RECORDER'S CERTIFICATE: THIS ANNEXATION MAP IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT_______O'CLOCK _.M., ON THE_______ DAY OF ____________- 2017, AS RECEPTION NO. -----------------• CLERK AND RECORDER ------------------ BY: DEPUTY SURVEYORS CERTIFICATE: G I, ROBERT E. BRAND Y,E Y STA AT I AM A REGISTERED LAND SURVEYOR LICE U AWS E STATE OF COLORADO, THAT THIS MAP IS A TRU RRE PL YONS FAMILY ANNEXATION MAP N0. 1, THAT THIS MA WAS PRE B AND UNDER MY SUPERVISION AND CORRECTLY SHOWS T LOCATIO DIMENSIONS OF THE AREAS TO BE ANNEXED. IN WITNESS REOF I HAVE SET MY HAND AND SEAL THIS _____ DAY OF --------- 2017. Robert E. Brandeberry 1 Colorado PLS # 38388 For, and on behalf of SGM -LEGEND- Existing LEGEND - Existing Town of Parachute Boundary Lyons Family Annexation Map No. 2 .�eCflon /, I./ �., K.yS W. of Tne 6Tn F.M. Garfield County, Colorado An annexation of 42.043 acres to the Town of Parachute, Colorado. I � I � I ` I � _ West Gas Easement Green Subd. j Book 345 Page 494 Annexation Pari pt: Reception No. 169131) I I Point of Beginning River Bluff I Filing 9 \ \ (Plat: Rec. No. 352082) \ L1 i 5�p 46' L2 I N13��'22'E j 11 Baker Parcel // // �' 10' Public Service Esmt. I Account Number R490003 Reception NO. 222678 n Parcel Number 2407-071-04-002 (Deed: Rec. No. 834792) / / N89°54 57 E 782.45 -' Owner Name LYONS, JOHN FAMILY PARTNERSHIP LP � 10' Electric Easement I Lot 2, Block 1 i I I Replat of River Bluff Filing 9 Parcel D (Plat: Rec. # 352082) Account Number R270444 Deed: Rec. No. 713735 (Parcel D) Parcel Number 2407-074-00-006 1 Owner Name LYONS, JOHN M & JODY J Deed: Rec. No. 739153 1r -- -� ---- - - / _ 11 Contiguous Boundary of Annexation Parcel wild, exisiillc 111111111111111 i/ i I I I Town of Parachute / 1 Account Number R270040 I / I II Parcel Number 2407-074-00-001 I I c=n NOTES: 1. Basis of Bearings: Bearings shown hereon are based on a bearing of N00°50'57"E a distance of 2639.64 feet between the Southeast corner of Section 7 and the East Corner of Section 7 as shown hereon. 2. Date of field survey : November, 2006 & February, 2017. 3. Units of linear measurements are displayed in US Survey Feet. 4. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. BOARD OF TRUSTEE'S CERTIFICATE: THIS ANNEXATION MAP APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF PARACHUTE, GARFIELD COUNTY, COLORADO, THIS __ DAY OF _______________- 2017, FOR THE FILING WITH THE COUNTY CLERK AND RECORDER OF GARFIELD COUNTY MAYOR ATTEST: TOWN CLERK CLERK AND RECORDER'S CERTIFICATE: THIS ANNEXATION MAP IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ------- O'CLOCK _.M., ON THE_______ DAY OF ________1 2017, AS RECEPTION NO. ___________. CLERK AND RECORDER BY: DEPUTY SURVEYOR'S CERTIFICATE: I, ROBERT E. BRANDEBERRY, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS MAP IS A TRUE, CORRECT AND COMPLETE LYONS FAMILY ANNEXATION MAP NO. 2, THAT THIS MAP PARED BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATIO D DIMEN ONS OF THE AREAS TO BE ANNEXED. IN WITNESS WHEREOF I HAVE SET MY HAND AND T A 2017. Robert E. Bra er Colorado 3 8 O For hal GM Obi Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Owner Name LYONS, JOHN FAMILY I w / j I Shea uS 1. PARTNERSHIP LIP I I o� ° Annexation I � I I •��S I I Deed: Rec. 713284 No. I CDoQ � I i I v Sh° C erg \-N� S t o a o I a' I I Parcel o a L, I I 1 lea a es OUC•\�h°Wn e �y°n I I j Account Number R270125 �o N I a�G W �h °p 42.043 Ac. ± i Parcel Number 2407-074-00-004 I^�Lo j I °g°ura°�� vie gel M Owner Name LYONS, JOHN FAMILY I �oZ^ re*o �1°' - PARTNERSHIP LP 1 �0"_ PRe°ep�`0��� It I1 Deed: Rec. No. 649531 z �z o / \ C) / I 1 0E� o azo cn Easement 3 Access & Utility J=ROaa' 305`-- - - Reception No362166 L4 . � /I \ �' -- I - Recep - _ 1 '40"WQN88-59 ' Account Number R043902 20' Utility Easement --- I L5 196.68 1 ") Parcel Number 2407-074-00-010 Rec. No. 366906 I River Bluff q3 TT I Owner Name LYONS, JOHN FAMILY I �\ �, Filing 4 1 River Bluff PARTNERSHIP LP r' (Plat: Rec. No. 344069) 1 •o Filing No. 2 I Deed: Rec. No.: 713735 (Parcel B) I `\ I \ (Plat: Rec. No. 344067) I S89°04'43"E j I I 269.16' c� I ' I Account Number R270127 j Parcel Number I C5 I 2407-074-00-007 Owner Name LYONS, JOHN Mlb �FOz�`c; &. JODY J I 1 z / 1 Deed: Rec:. No. 715434 I o Q o Qom" _ �m Ja 00 L6 4- I i r �.o,�V,1 8j / Graphic Scale `��1 -- _ i PP�'� 3 / 0 100 200 400 Utility Easement Rec. No. 362171 J In Feet: 1 " = 200' ' I � ' '4001 i 1001l Willow Creek Village Section 1 A\\ (Plat: Rec. No. 321237) The ` Fairways Phase 1 / / / / / Curve Table Curve # Length Radius / Chord Direction Chord Length C1 1 i I i I I I I I 676.58' Curve Table Curve # Length Radius Delta Chord Direction Chord Length C1 312.62' 676.58' 26'28'26" S11'54'03"E 309.85' C2 225.31' 268.11' 48'08'57" S35'08'43"E 218.74' C3 189.63' 444.41' 24'26'53" 513'05'52"W 188.19' C4 66.77' 450.00' 8'30'04" S70'59'58"W 66.71' C5 337.82' 240.00' 80'38'55" S89'39'07"W 310.61' Line Table Line # Direction Length L1 S43'14'11"E 55.74' L2 S34'04'07"E 96.36' L3 N01'31'30"E 39.37' L4 S01.12'09"W 25.17' L5 N87'10'29"W 201.37' L6 N89'08'10"W 102.65' L7 N52'53'06"W 170.00' L8 S05'46'34"W 121.76' L9 S01'33'14"E 71.93' L10 S0816'36"E 24.62' 1-11 S08'00'25"E 110.24' L12 N19'52'07"W 112.88' L13 N50'01'25"W 76.31' L14 S49'19'40"W 50.12' Utility Easement Rec. No. 362177 S00°58'06"W 195.99' Section 7 East 114 Corner M Cn M0) co C N 0 a> C3 w 0 1� Cn �n CD P o 0 m 0 z Annexation Parcel Description: An annexation parcel situated in Section 7, Township 7 South, Range 95 West of the 6th P.M., County of Garfield, State of Colorado, said parcel being those properties described in the deeds recorded as Reception No.'s 713284, 739153, 649531 & 715434; all of Parcel A, a portion of Parcel B, all of Parcel C (being Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded July 22, 1982 as Reception No. 344071) and all of Parcel D (being Lot 2, Block 1, Replat of River Bluff Filing 9 according to the plat thereof recorded May 7, 1984 as Reception No. 352082) as described in the Warranty Deed recorded as Reception No. 713735 of the Garfield County records, and being more fully described as follows: Beginning at the northerly most corner of said Parcel B from whence the southeast corner of said Section 7 bears S3339'42"E a distance of 3614.05 feet; Thence S43'14'11 "E along the northerly boundary of said Parcel B a distance of 55.74 feet; Thence S34'04'07"E along the northerly boundary of said Parcel B a distance of 96.36 feet; Thence N89°54'57"E along the northerly boundary of that parcel described in Reception No. 739153 a distance of 782.45 feet to the west line of Lot 2, Block 1, Replat of River Bluff Filing No. 9 according to the plat thereof recorded as Reception No. 352082 (Lot 2); thence N 0131'30" E along said Lot 2 a distance of 39.37 feet; thence N 7331'22" E along said Lot 2 a distance of 500.46 feet; thence 312.62 feet along said Lot 2 along a curve to the right, having a radius of 676.58 feet, a central angle of 026°28'26", the chord of which bears S 11°54'03" E, a distance of 309.85 feet; thence S 00'57'25" W along said Lot 2 then along the east line of that parcel described as Parcel A in Reception No. 713735 a distance of 722.59 feet to the southeast corner of said Parcel A; thence N 88°59'40" W along the south line of said Parcel A, a distance of 196.68 feet to the southwest corner of said Parcel A also being the easterly line that parcel described in Reception No. 649531 also being the northerly most corner of Lot 1, Block 1, River Bluff Filing 4 according to the plat thereof recorded as Reception No. 344069 (Lot 1); thence S 01*12'09" W along said Lot 1 a distance of 25.17 feet; thence N 87°10'29" W along said Lot 1 a distance of 201.37 feet; thence 225.31 feet along said Lot 1 along a curve to the right, having a radius of 268.11 feet, a central angle of 048°08'57", the chord of which bears S 35°08'43" E, a distance of 218.74 feet to northerly most corner of Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded as Reception No. 344071 (Lot 1, Block 1, River Bluff Filing 8); thence S 89°04'43" E along said Lot 1, Block 1, River Bluff Filing 8 a distance of 269.16 feet; thence S 00°58'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 195.99 feet; thence 189.63 feet along said Lot 1, Block 1, River Bluff Filing 8 along a curve to the right, having a radius of 444.41 feet, a central angle of 024'26'53", the chord of which bears S 13°05'52" W, a distance of 188.19 feet; thence N 89°08'10" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 102.65 feet; thence N 52°53'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 170.00 feet to the northerly most corner of Lot 1, Block 1, River Bluff Filing 3 according to the plat thereof recorded as Reception No. 344068 (Lot 1, Block 1, River Bluff Filing 3); thence S 05°46'34" W along said Lot 1, Block 1, River Bluff Filing 3 distance of 121.76 feet; thence S 0133'14" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 71.93 feet; thence S 08°16'36" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 24.62 feet to an easterly corner of that parcel described as Parcel B in the Warranty Deed recorded as Reception No. 713735; Thence along said Parcel B the following nine (9) courses 1. thence S 08°00'25" E along said Parcel B a distance of 110.24 feet; 2. thence 66.77 feet along a curve to the right, having a radius of 450.00 feet, a central angle of 00830'04", the chord of which bears S 70°59'58" W, a distance of 66.71 feet; 3. thence S 75°15'00" W a distance of 337.46 feet; 4. thence N 19°52'07" W a distance of 112.88 P, 5. thence N 3334'47" W a F feet; Section 7 East 114 Corner M Cn M0) co C N 0 a> C3 w 0 1� Cn �n CD P o 0 m 0 z Annexation Parcel Description: An annexation parcel situated in Section 7, Township 7 South, Range 95 West of the 6th P.M., County of Garfield, State of Colorado, said parcel being those properties described in the deeds recorded as Reception No.'s 713284, 739153, 649531 & 715434; all of Parcel A, a portion of Parcel B, all of Parcel C (being Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded July 22, 1982 as Reception No. 344071) and all of Parcel D (being Lot 2, Block 1, Replat of River Bluff Filing 9 according to the plat thereof recorded May 7, 1984 as Reception No. 352082) as described in the Warranty Deed recorded as Reception No. 713735 of the Garfield County records, and being more fully described as follows: Beginning at the northerly most corner of said Parcel B from whence the southeast corner of said Section 7 bears S3339'42"E a distance of 3614.05 feet; Thence S43'14'11 "E along the northerly boundary of said Parcel B a distance of 55.74 feet; Thence S34'04'07"E along the northerly boundary of said Parcel B a distance of 96.36 feet; Thence N89°54'57"E along the northerly boundary of that parcel described in Reception No. 739153 a distance of 782.45 feet to the west line of Lot 2, Block 1, Replat of River Bluff Filing No. 9 according to the plat thereof recorded as Reception No. 352082 (Lot 2); thence N 0131'30" E along said Lot 2 a distance of 39.37 feet; thence N 7331'22" E along said Lot 2 a distance of 500.46 feet; thence 312.62 feet along said Lot 2 along a curve to the right, having a radius of 676.58 feet, a central angle of 026°28'26", the chord of which bears S 11°54'03" E, a distance of 309.85 feet; thence S 00'57'25" W along said Lot 2 then along the east line of that parcel described as Parcel A in Reception No. 713735 a distance of 722.59 feet to the southeast corner of said Parcel A; thence N 88°59'40" W along the south line of said Parcel A, a distance of 196.68 feet to the southwest corner of said Parcel A also being the easterly line that parcel described in Reception No. 649531 also being the northerly most corner of Lot 1, Block 1, River Bluff Filing 4 according to the plat thereof recorded as Reception No. 344069 (Lot 1); thence S 01*12'09" W along said Lot 1 a distance of 25.17 feet; thence N 87°10'29" W along said Lot 1 a distance of 201.37 feet; thence 225.31 feet along said Lot 1 along a curve to the right, having a radius of 268.11 feet, a central angle of 048°08'57", the chord of which bears S 35°08'43" E, a distance of 218.74 feet to northerly most corner of Lot 1, Block 1, River Bluff Filing 8 according to the plat thereof recorded as Reception No. 344071 (Lot 1, Block 1, River Bluff Filing 8); thence S 89°04'43" E along said Lot 1, Block 1, River Bluff Filing 8 a distance of 269.16 feet; thence S 00°58'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 195.99 feet; thence 189.63 feet along said Lot 1, Block 1, River Bluff Filing 8 along a curve to the right, having a radius of 444.41 feet, a central angle of 024'26'53", the chord of which bears S 13°05'52" W, a distance of 188.19 feet; thence N 89°08'10" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 102.65 feet; thence N 52°53'06" W along said Lot 1, Block 1, River Bluff Filing 8 a distance of 170.00 feet to the northerly most corner of Lot 1, Block 1, River Bluff Filing 3 according to the plat thereof recorded as Reception No. 344068 (Lot 1, Block 1, River Bluff Filing 3); thence S 05°46'34" W along said Lot 1, Block 1, River Bluff Filing 3 distance of 121.76 feet; thence S 0133'14" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 71.93 feet; thence S 08°16'36" E along said Lot 1, Block 1, River Bluff Filing 3 a distance of 24.62 feet to an easterly corner of that parcel described as Parcel B in the Warranty Deed recorded as Reception No. 713735; Thence along said Parcel B the following nine (9) courses 1. thence S 08°00'25" E along said Parcel B a distance of 110.24 feet; 2. thence 66.77 feet along a curve to the right, having a radius of 450.00 feet, a central angle of 00830'04", the chord of which bears S 70°59'58" W, a distance of 66.71 feet; 3. thence S 75°15'00" W a distance of 337.46 feet; 4. thence N 19°52'07" W a distance of 112.88 feet; 5. thence N 3334'47" W a distance of 307.76 feet; 6. thence N 37°44'09" W a distance of 201.75 feet; 7. thence N 50°01'25" W a distance of 76.31 feet; 8. thence 337.82 feet along a curve to the left, having a radius of 240.00 feet, a central angle of 08038'55", the chord of which bears S 8939'07" W, a distance of 310.61 feet; 9. thence S 49°19'40" W a distance of 50.12 feet; thence N 00°00'00" E a distance of 1331.37 feet to the Point of Beginning, said annexation parcel containing 42.043 acres, more or less. Perimeter of area being annexed 7236.33 Minimum Contiguous Boundary (7236.33 x 1/6) 1206.06' Actual Contiguous Boundary 1331.37' AMENDMENT TO BATTLEMENT MESA PUD John Lyons Family Partnership Annexation ff Prepared by: Stuart S. McArthur, Town Manager, Town of Parachute Mark Chain, Town Planner AMENDMENT TO BATTLEMENT MESA PUD Garfield County, Colorado January, 2017 Applicant —Town of Parachute SECTION 1 Application Forms & Related Documents Land Use Change Permit Application Permit Form Payment Agreement Form Letter of Authorization Pre -Application Conference Summary Garfield Cot Community Development Department 108 0 Street, Suite 401 Glenwood springs, Co 81601 (970) 945-8212 www.earfield-countyAom TYPi: OF I:ICATION ❑ Administrative Review _ ❑ Development In 100 -Year Floodplain %❑ Limited impact Review ❑ Development In 100 -Year Floodplain Variance ❑_ ❑ Major Impact Review Amendments to an Approved LUCP ❑ LIR [--]MIR❑ SUP ❑ 8 Code Text Amendment Rezoning [:]Zone District❑ PUD'0 PUD Amendment _ ❑ Minor Temporary Housing Facility ❑ Administrative Interpretation ❑ Vacation of a County Road/Public ROW ❑ Appeal of Administrative Interpretation ❑ Location and Extent Review ❑ Areas and Activitles of State Interest f ❑ i Comprehensive Plan Amendment ❑ Major ❑ Minor ❑ Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development ❑ Variance ❑ Time Extension (also check type of original application) )NVOi.VEp'.PARTIRS :. ----- ---- ------ -- ` Owner/Applicant f Name: Town of Parachute Picone; ( 970 i 285-7630 E I Mailing Address: PO Box 100 city. Parachute State: CO zip code: $1635 E-mail: StuartMc@parachutecolorado.com Representative (Authorization Required) Name: Mark Chain Phone: ( 970 ) 309-3655 Mailing Address: 611 Garfield Avenue City: Carbondale State: CG zip Code: 81623 E-mail: mchain@sopris.net PROJECT" NAME AND LOCATION, Project Name: Battlement Mesa PUD Amendment Assessor's Parcel Number:_-- Physical/street Address: NA Legal Description: Attached Zone District: PSR Property Size (acres): 48.125 Ac. P_119jECT DESCRIPTION' �— `Existing Use, �l1 �� 1��IC#.lL�.4111M- f=/i'C1s.1 rl�C Proposed Use (From Use Table 3-403).- Description of Project: W A 5GI4Vi e l.r CO MMGUtQ3_— b1.5 g, 2M M REQUEST FOR WAIVERS Submission Requirements 13 The Applicant requesting a Waiver of Submission Requirements per section 4-202. List: Section: Section: Section: Section: Waiver of Standards !] The Applicant is requesting a Waiver of Standards per Section 4-1.18. List: Section: Section: Section: Section: I have read the Oatements above and have provided the required attached information which is correct n ate the best of my knowledge. Signat re of Property Owner 1A6pA'r Date .:OFFICIAL VSE -ONLY. File Number: _ _ Fee Paid: $ PARCEL ID #'S OF PROPERTIES ANNEXED INTO TOWN OF PARACHUTE FROM BATTLEMENT MESA PUD 2407-071-04-002 2407-074-00-009 2407-074-10-001 2407-074-00-010 2407-074-00-007 PARCEL ID #'S OF PROPERTIES ANNEXED INTO THE TOWN OF PARACHUTE FROM UNINCORPORATED GARFIELD COUNTY 2407-07400-004 2407-074-00-006 2407-074-00-001 !BSGM www.sgm-inc,com The following described properties, as described in Reception No. 713735. Parcel A A Parcel of land situated entirely within the Battlement Mesa, Inc. Property as recorded at Reception No. 448506, also being entirely within the Battlement Mesa P.U.D., also being located within NE114SE114 Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point on the North line of the SE114 of said Section 7 also being a paint on the South fine of River Bluff Subdivision, Filing 9 as recorded at Reception No. 352082 and a point on the Westerly line of Battlement Parkway as described at Reception No. 316729 from whence the Southeast corner of said Section 7 bears South 12°22'21" East a distance of 2732.12 feet, thence South 00°57'26" West along the Westerly line of said Battlement Parkway a distance of 624.34 feet to a point on the north line of River Bluff Subdivision, Filing 4 as recorded at Reception No. 344069, thence along the North line of said River Bluff Subdivision, Piling 4 North 88°59'40" West a distance of 196.68 feet; thence North 01'37'18" East a distance of 629.89 feet to a point on the North line of said SE114 Section 7, thence South 87°19'31" East along the South line of said SE114 Section 7 a distance of 189.46 to the paint of beginning, Parcel B A Parcel of land situated entirely within the Battlement Mesa, Inc. Proporty as recorded at Reception No. 408506, also being entirely within the Battlement Mesa P.U,D., also being located within Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a paint on the easterly line of said Battlement Mesa, Inc. Property also being a point on the southwesterly line of the right-of-way for County Road 305 as described at Reception No. 49239 from whence the southeast corner of said Section 7 bears S33°39'42"E a distance of 3614.05 feet; thence the following three (3) courses along the southwesterly right-of-way for said County Road 305, S43°14'11 "E a distance of 55.74 feet; thence S34°04'07"E a distance of 107.02 feet; thence S15°35'44"E a distance of 66.56 feet to a point on the easterly line of said Battlement Mesa, Inc. Property; thence N72°19'16"W a distance of 13.56 feet to a point on the northerly line of the Gardner Parcel as described in Book 801 at Page 718; thence the following four (4) courses along the north, west and south lines of said Gardner Parcel, S79'47'1 8"W a distance of 24.89 feet; thence S37'23'26"W a distance of 100.52 feet; thence S06°07'27"W a distance of 83.52 feet; thence N88'48'43"E a distance of 85.28 feet to a point on the easterly line of said Battlement Mesa, Inc. Property; thence the following six (6) courses along the easterly line of said Battlement Mesa, Inc. Property S110'1 1'10"E a distance of 50.84 feet; thence 244.26 feet along the arc of a non -tangent curve to the left having a radius of 1611.94 feet, a central angle of 08°40'56" and a suhtending chord bearing S02°50'01"E a distance of 244.03 feet; thence 331.22 feet along the arc of a compound curve having a radius of 270.10 feet, a central angle of 70°15'40" and a subtending chord bearing S42°18'19"E a distance of 310.85 feet to a point of non -tangency; thence S77°25'36"E a distance of 249.91 feet; thence S82°00'16"E a distance of 142.25 feet; thence N13°52'58"E a distance of 60.00 feet to a point on the west line of the NE114SE114 of said Section 7 also being the west line of the Mahaffey Parcel as recorded at Reception No. 545229; thence the following two (2) courses along the west and south lines of said Mahaffey Parcel, S01 '30'43'W a distance of 740,25 feet; thence S87°39'21"E a distance of 409.70 feet to a point on the westerly line of River Bluff Subdivision, Filing 3 as recorded at Reception No. 344068; thence SOS°00'25"E along said westerly boundary line of said River Bluff Subdivision, Filing 3 a distance of 110.24 feet to a point on the northerly right-of-way line for West Battlement Parkway as described at Reception No. 316729; thence the following two (2) courses along the northerly line of said West Battlement Parkway, 66.77 feet along the arc of a non -tangent curve to the right, having a radius of 450.00 feet, a central angle of 08°30'04" and a subtending chord bearing 570°59'58"W a distance of 66.71 feet; thence S75°15'00"W a distance of 337.46 feet; thence N 19°52'07"W a distance of 112.88 feet; thence N33°34'47"W a distance of 307.76 feet; thence N37°44'09"W a distance of 201.75 feel; thence N50°0125"W a distance of 76.31 feet; thence 337.82 feet along the arc of a curve to the left, having a radius of 240.00 feet, a central angle of 80'38'55" and subtending a chord bearing of S89°39'07"W a distance of 310.61 foot; thence S49°99'40"W a distance of 244.79 feet; thence 558°46'51"W a distance of 1312.37 feet to a point on the westerly line of said Battlement Mesa, Inc. Property; thence along the westerly line of said Battlement Mesa, Inc. Property the following two (2) courses, N23°11'55"E a distance of 380.79 feet; thence N09°57'50"E a distance of 230.56 feet to a point on the south line of River Bluff Subdivision, Filing 2 as recorded at Reception No. 344067; thence the following three (3) courses along the south and easterly lines of said River Bluff Subdivision, Filing 2, S87°39'21 "E a distance of 254.75 feet N37°01'04"E a distance of 21013 feet; thence N10°10'23"E a distance of 550.00 feet to a point on the east line of the Wambolt Parcel as described in Book 733 at Page 844; thence the following two (2) courses along the easterly lines of said Wambolt Parcel, N01 °06'12"E a distance of 485.33 feel; thence S88°24'36"E a distance of 83.00 feet; thence N53°18'25"E along a southeasterly line of the Wambolt Parcel and a southeasterly line of the Horbetz Subdivision a distance of 635.50 feet to the point of beginning. GLENWOOD SPRINGS 118 West 5ix1h St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 15SGM www,sgm-inc.com Lot 1 Block 1 River Bluff Filing 8 According to the plat thereof recorded July 22, 1983 as Reception No, 344071 Parcel D Lot 2 Block 1 Replat of River Bluff Filing 9 According to the plat thereof recorded May 7, 1984 as Reception No. 352082 TOGETHER WITH: The following described property, as described in Reception No. 713734. TOWNSHIP 7 SOUTH, RANGE 95 WEST, 6TH P.M. SECTION 7: ALL THAT PART OF NE114SE114 LYING SOUTH AND WEST OF COUNTY ROAD 305 COUNTY OF GARFIELD STATE OF COLORADO A/K/A THAT CERTAIN TRACT OF LAND BEING A PART OF THE NE114SE114 OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH P,M ., GARFIELD COUNTY, CO., HAVING BEEN PREVIOUSLY DESCRIBED IN BOOK 981 AT PAGE 741, GARFIELD COUNTY REAL PROPERTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS A RESULT OF SURVEY AS FOLLOWS: BEGINNING AT A 518" REBAR AND ALUMINUM CAP (LS 11643) FOR THE S. W. CORNER OF THE NE114SE114 OF SAID SECTION 7, FROM WHENCE A GARFIELD COUNTY BRASS CAP FOR THE N.W, CORNER OF SAID SECTION 7 BEARS N 42" 29'59" W 5669.49 FEET; THENCE THE FOLLOWING 13 COURSES AND DISTANCES: 1. N 00'57' 25" E 686.50 FEET; 2. S 76'12'01" E 169.94 feet; 3. S 71'49'04" E 73.81 FEET; 4. S 61 °15' 49" E 80.62 FEET; 5. S 29'02'04" E 85.63 FEET; 6. S 14'25'53" E 55.57 FEET; 7. S 04'24'22" E 53.63 FEET; 8. S 02'14'35" W 54.42 FEET; 9. S 03'46'23" W 110.48 FEET; 10. S 05'28'22" W 166.82 FEET; 11. S 01'25'30" E 54.69 FEET; 12. S 10'21'59" E 31.76 FEET; 13. N 87'39'22" W 358.91 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 AEGarfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Town of Parachute agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Amendment to Battlement Mesa PUD 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the Rill extent of the costs Involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person Stuart McArthur Phone: ( (970) 285-7630 Billing Contact Address: PO Box 100 - 222 Grand Valley Way City: Parachute, CO 81635 state: CO Billing Contact Email: StuartMC@parachutecolorado.com Zip Code: 8'1635 Printed Nam of Pe or ALhordized Sign: 1 Dig (Signature) (Date) TOWN Or= PARACHUTE 9"14WAT 14�a� January 9, 2018 STUART S. MCARTHUR TOWN MANAGER I'r,I:PF"I i%f1 J�Pif1Cf•f% Ci`ii•'n.'f� 3'!'F.f4F' 1:f Fbfj9�Gi,7-1f�:'f-)f iri-f'SFl;f 222 GRAND VALLEY WAY • PARACHUTE, CO 81635 ■ (970) 285-7630 Garfield County Department of Community Development ATTN: David Pesnichak, Senior Planner 108 8th Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT; BATTLEMENT MESA PUD AMENDMENT This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit a land use application for the above matter and act as representative for the application. This letter also authorizes Mark Chain to represent the Town of Parachute, as necessary, during any discussions with Garfield County staff at meetings during the land use review and hearing process, Sincerelyy ur , Stuart S, McArthur Town Manager SSMC CaO eld County Community Development Department 108 811 Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 wtivw. arlicid-count ,.com TAX PARCEL NUMBER: 240707104002, 240707400009, 240707410001, 240707400010,240707400004, 240707400006, 240707400007, and 240707400001 DATE: 7111117 PROJECT: Battlement Mesa PUD Amendment OWNERIAPPLICANT: Town of Parachute REPRESENTATIVE: Mark Chain PRACTICAL LOCATION: Battlement Mesa PUD ZONING: Planned Unit Development (PUD) TYPE or APPLICATION: PUD Amendment I. GENERAL PROJECT DESCRIPTION The applicant is requesting to modify the boundaries of the Battlement Mesa PUD. This request has been necessitated by an annexation of 8 parcels totaling 65.735 acres into the Town of Parachute. This annexation is generally located east of the current Town limits with access off County Road 30OC1305 and are described as Parcel Number 240707904002, 240707400009, 240707410001, 240707400010, 240707400004, 240707400006, 240707400007, and 240707400001. In order to achieve the required 116 contiguity, the full 65.735 acres is to be annexed in two phases, one of 23.689 acres and one of 42.043 acres. No parcel boundaries are proposed to be impacted by the annexation. Three of the parcels are outside the Battlement Mesa PUD and are zoned Rural (Approx. 17.61 acres), while 5 of the parcels are within Battlement Mesa PUD and are zoned Public, Semi -Public, and Recreation (PSR) (Approx. 48.125 acres). The properties are owned by John and Jody Lyons, or the John Lyons Family Partnership, LLC. As is noted in the Annexation Impact Report the applicant has requested that all 65.735 acres be zoned Service Commercial once annexed into the Town. Location Map The properties are currently designated as Residential Medium High Density (2-6- acres per dwelling unit) for three of the parcels while five of the parcels are designated Residential High Density (113 — 2 acres per dwelling unit) within the Garfield County Comprehensive Plan. None of the parcels are identified as being with the Urban Growth Area for the Town. The Annexation Impact Report states that both County Road 300C and County Road 305 are proposed to be annexed along with the surrounding properties. As five of the eight parcels are within the Battlement Mesa PUD, this application is to amend the PUD boundaries to correspond to the new Town of Parachute boundaries. This application has been initiated by the Town and it is understood that the Town will be the applicant upon submittal. It is worth noting that removal of these parcels from the Battlement Mesa PUD will impact Battlement Mesa's ability to meet its requirement to have at least 25% open space. The PSR zone district is generally considered the open space zone district for the PUD. Currently, 38.94% of the PUD is zoned PSR and is counted toward this open space requirement (1203.44 acres of 3090.65 acres). Following annexation of these five parcels and amendment of the Battlement Mesa PUD, 37.97% of the PUD will be zoned PSR and available to meet the 25% open space requirement (1155.315 acres of 3042.325 acres). Regarding the proposed future zoning of Service Commercial, the County has received a letter from the Battlement Mesa Service Association indicating concerns regarding the proposed zoning within the Town and the extensive list of uses allowed within the Service Commercial District. No other changes to the PUD regulations, mapping, and related procedures or standards is anticipated. Based on the Battlement Mesa PUD Guide, the process for amending the PUD is outlined in the Garfield County Land Use Resolution of 1978 as adopted on January 2, - Parcels to be Parcels zoned i I ~ Annexed Rural Town of Parachute 4 / ` w �y OIIYMlM Battlement ` Mesa PUD Parcels zoned PSR in 9W Battlement Mesa PUD `l The properties are currently designated as Residential Medium High Density (2-6- acres per dwelling unit) for three of the parcels while five of the parcels are designated Residential High Density (113 — 2 acres per dwelling unit) within the Garfield County Comprehensive Plan. None of the parcels are identified as being with the Urban Growth Area for the Town. The Annexation Impact Report states that both County Road 300C and County Road 305 are proposed to be annexed along with the surrounding properties. As five of the eight parcels are within the Battlement Mesa PUD, this application is to amend the PUD boundaries to correspond to the new Town of Parachute boundaries. This application has been initiated by the Town and it is understood that the Town will be the applicant upon submittal. It is worth noting that removal of these parcels from the Battlement Mesa PUD will impact Battlement Mesa's ability to meet its requirement to have at least 25% open space. The PSR zone district is generally considered the open space zone district for the PUD. Currently, 38.94% of the PUD is zoned PSR and is counted toward this open space requirement (1203.44 acres of 3090.65 acres). Following annexation of these five parcels and amendment of the Battlement Mesa PUD, 37.97% of the PUD will be zoned PSR and available to meet the 25% open space requirement (1155.315 acres of 3042.325 acres). Regarding the proposed future zoning of Service Commercial, the County has received a letter from the Battlement Mesa Service Association indicating concerns regarding the proposed zoning within the Town and the extensive list of uses allowed within the Service Commercial District. No other changes to the PUD regulations, mapping, and related procedures or standards is anticipated. Based on the Battlement Mesa PUD Guide, the process for amending the PUD is outlined in the Garfield County Land Use Resolution of 1978 as adopted on January 2, 1979 including the zoning amendment adopted October 15, 1979. The above documents were adopted by Resolution No. 79-1 and 79-132 respectively. Excerpts from the County Resolutions are attached. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Applicable Sections of the Garfield County Land Use Resolution of 1978 are noted below (key sections are attached to the pre -application summary): • Section 4.00 Planned Unit Developments (4.00 through 4.12.04 inclusive) • Section 4.08 PUD Processing • Section 4.12 Enforcement and Modification of Provisions of the Plan • Section 10.00 Amendment • Section 10.02 Initiation • Section 10.02.03 Planned Unit Development • Section 10.03 Submittal • Section 10.04 Procedures Amendments adopted by Resolution No. 79-132 regarding Section 10.04.01 address public notice for amendments. The amended code increased the public notice publication requirement to 30 days prior to the public hearing and includes a mailing notice requirement 15 days prior to the public hearing to all property owners adjacent to the lot or lots subject to the proposed amendment. Applicant may consider completing additional courtesy noticing to additional property owners, posting of the property, newspaper advertisements and/or conducting community meetings. Section 10.02 of the Garfield County Zoning Resolution of 1978 indicates that "The following persons or officials may initiate amendments to this Resolution: Section 10.02.03: Planned Unit Development: All the owners of the real property to he included with the proposed Planned Unit Development. John and Jody Lyons and the John Lyons Family Partnership, LLC are owners of property within the PSR Zone District in the Battlement Mesa PUD. For the purposes of the PUD Regulations the County's General Plan is the Garfield County Comprehensive Plan 2030. III. PUD AMENDMENT REVIEW PROCESS 1. Pre -application Conference is recommended but not required. 2. Application Submittals 3. Completeness Review 4. Once Complete, referrals will be sent out 5. The Application shall be referred to the Planning Commission. The Commission will provide a recommendation within 60 days of the referral. The Planning Commission's meeting will be noticed as a public hearing. 6. Following the Planning Commission review a public hearing before the Board of County Commissioners will be scheduled. 7. Public Notice for the Planning Commission and Board of County Commissioner's hearings shall require publication of the time and place, at least one time in a newspaper of general circulation in the County, at least 30 days prior to the hearing. Except for text amendments, notice of such public hearings shall also be sent by mail at least 15 days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. The removal of properties from the PUD does require the public notice mailing. 8. The Board shall conduct the public hearing and render a decision on the request. 9. A resolution formalizing the Board's decision shall be prepared. 10. If an amendment is approved the PUD Guide and District Regulations and PUD Zoning Map shall be updated and recorded. IV. SUBMITTAL REQUIREMENTS ■ Application Form and Fees ■ Ownership Documentation (deed) showing the Applicant as an owner of properties within the PUD and the area proposed to be removed from the PUD. ■ Statement of Authority or Letter of Authorization, as necessary for the Applicant's Signatory on the Application. ■ Authorization to represent letter if another representative, Attorney or Planner will be representing the Applicant. ■ Payment Agreement Form. Copy of the Pre -Application Conference Summary. ■ Vicinity Map, including the area proposed for the new zone district. ■ Current PUD Plan/Zoning Map showing overall PUD Zoning Districts and the affected parcels. ■ Proposed PUD Plan/Zoning Map showing the area proposed to be removed from the PUD. A legal description for the properties being removed shall be provided. ■ A copy of the Current PUD Regulations/Guide. ■ Any proposed amendments to the text of the PUD Regulations/Guide. • Supporting information and justification for the proposed amendments addressing relevant code provisions including but not limited to Sections: 4.02 Purposes and Objectives of Development, 4.06 Internal Compatibility of Planned Unit Developments, 4.07 Standards and Requirements (as applicable), and submittal requirements in Section 4.08, PUD Processing. (See attached code sections) ■ Statement or representations regarding general conformity with the Garfield County Comprehensive Plan. Submit three paper copies and one electronic copy (on CD or USB stick). Both the paper and digital copy should be split into individual sections. Additional paper copies will be requested upon determination of completeness including copies for the Planning Commission review. Please refer to the pre -application list for basic submittal requirements and to the Garfield County Zoning Resolution of 1978 for clarification on any additional submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Director's Decision (with notice — not a public hearing) X Planning Commission — referral for recommendation (to be noticed as a Public Hearing) X Board of County Commissioners — Public Hearing Board of Adjustment c. Referral Agencies: May include Garfield County Oil and Gas Liaison, Garfield County Consulting Engineer, Garfield County Road and Bridge Department, Battlement Mesa Service Association, Battlement Mesa Metropolitan District, Battlement Mesa Oil and Gas Committee, Battlement Mesa Concerned Citizens, Battlement Mesa Company, Town of Parachute, Grand Valley Fire Protection District; and other entities as appropriate. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300 b. Referral Agency Fees: $ TBD — consulting engineer review fees c. Total Deposit: $ 300 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing bodies (Planning Commission and Board of County Commissioners). Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on the applicable zoning, which may be subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application summary Prepared by: 17- esnicfiak, AICP, Senior Planner Dafe SECTION 2 Application Background, Narrative and Supportive Information Introduction and Background Regional Location Map Responses to Code Sections related to PUD`s Appendix A: Statement of Authority Appendix B: Revised Battlement Mesa PUD Zoning Map Appendix C: Annexation Maps Appendix D: Legal Description Appendix E: A list of Property Owners within 300 feet of Project. Appendix F: Deeds of Properties within Battlement Mesa PUD Appendix G: Battlement Mesa PUD Zoning Map — October 2016 I�Page SECTION 2 APPLICATION BACKGROUND, NARRATIVE AND SUPPORTIVE INFORMATION INTRODUCTION On behalf of John and Jody Lyons, the Town of Parachute respectfully requests to modify the boundaries of the Battlement Mesa Public Utility Development (PUD). This action is necessary because the Town annexed a total of 67.735 acres into the Parachute Municipal Boundaries in July 2017. A total of eight (8) parcels of land were annexed. All the properties are owned by John and Jody Lyons or the John Lyons Family Partnership, LLC. Five (5) of the parcels are located within Battlement Mesa PUD and have been zoned Public, Semi Public, and Recreation (PSR). These PSR zoned parcels total approximately 48.125 acres. The other three (3) parcels of land were located within Unincorporated Garfield County and not part of the PUD. Access to the parcels within the annexation is provided by County Road 300A. Garfield County wanted to ensure that these roads would be annexed into the Town and maintenance responsibility would no longer be a County function. Subsequent to the annexation, the Town vacated these county roads to the landowner. Another issue identified by the County is the ability of the Battlement Mesa PUD to continue to be able to meet its open space commitment of 25% of the total area. The PSR Zone District is the district that provides open space functions for the PUD. That zoning allows many uses, including recreation centers, parks, community centers and golf courses. The PUD retains nearly 38.0% of its area as PSR Zoning. An annexation Impact Report was prepared as per Colorado State Statute. The Garfield Board of County Commissioners reviewed the Annexation Impact Report and wrote a letter to the Town of Parachute dated June 12, 2017. In that letter, the BOCC made the following recommendations: • That the Town of Parachute is responsible for submitting an application to Garfield County to modify the boundaries of the Battlement Mesa PUD; • That the Town give weight to the opinions and input from the neighboring residents in Battlement Mesa and unincorporated Garfield County when considering the impacts of the future zoning and development of these parcels after annexation; • That the County supports the proposal to Annex County Road 300C and County Road 305 with the neighboring parcels. 211'age Actions Taken 1. The Town has applied to the Garfield County Community Development department to amend the boundaries of the Battlement Mesa PUD. 2. The Town, at the required Public Hearings, took testimony and gave consideration to all public input. This included residents within unincorporated Garfield County. The Town also accepted and considered testimony and a letter from the Battlement Mesa Service Association (BMSA) regarding the proposed zoning and list of uses allowed within the Service Commercial Zone District (zoning for the newly annexed property). As a condition of approval, the Town will carefully consider input from members of and representatives of the Battlement Mesa Service Association (BMSA) during the public review process for any development plan. 3. The Town annexed the County Roads. In the following sections of this application, the Town will address and respond to the Applicable County Code Sections identified in the Pre -application Conference Summary. These are sections 4.02, 4.06, 4.67, and 4.08 of the Garfield County Zoning Resolution effective in 1979. The Code Sections listed above are addressed due to requirements outlined in in the 6th Amended and Restated Battlement Mesa PUD Guide dated January 1, 2014. A Location Map and a Summary Chart listing of the individual properties and relevant background information is attached. PARCEL AND SUMMARY INFORMATION FOR LYONS ANNEXATION PROPERTIES Parcel ID # Deed # In BM PUD Unincorporated County Schedule # 240707104002 713735 (Parcel D) X R490003 240707400009 713735 (Parcel A X R470087 240707410001 713735 (Parcel Q X R470039 240707400010 713735 (Parcel B) X R043902 240707400004 715434 X R270125 240707400006 739153 X R270444 240707400007 715434 X R270127 240707400001 713284 X R270040 3 1 P a g e RESPONSES TO APPLICABLE CODE SECTIONS OF THE COUNTY ZONING RESOLUTION 4.02 PURPOSES AND OBJECTIVES OF DEVELOPMENT The 1978 Zoning Resolution for Garfield County and amendments approved in 1979 outline the purposes and objectives related to the creation of Planned Unit Developments. Much of this information is taken directly from Colorado State Statute (CRS). Essentially, it is to provide for necessary commercial, recreational, industrial and residential land uses, to allow flexibility and to encourage innovations in development so that the growing demands of the population may be met. It also has standard statements about lessening the burden of traffic on streets and highways, conserving the value of land etc. The applicant in this case is amending the Battlement Mesa PUD notwith the intent of adjusting the uses allowed in any of the existing zone districts, changing development or dimensional criteria, or adding a new zone district. Specifically, The Amendment to the Battlement Mesa PUD has been requested by (required by) Garfield County because of recent land -use and approval actions undertaken by the Town of Parachute. The Town recently annexed eight separate parcels of land owned by John and Jody Lyons or the John Lyons Family Partnership LLC. Five of these parcels comprising approximately 48.125 acres are located within the Battlement Mesa PUD. An amendment to the PUD is required as part of the land use entitlement process. Garfield County is processing this PUD Amendment to see how the annexation to the Town of Parachute and the removal of some properties from the Battlement Mesa PUD effect the PUD and the immediately surrounding property. The Town does not see a negative effect on the PUD. No changes are being proposed to zoning text, no dimensional criteria or standards being changed. We also feel that the PUD is more than ample opportunity to ensure that it's Open Space requirement of 25% now and in the future. Please note that with the exception of Section 4.04 - Consistency with the Comprehensive Plan - the responses in this application for Amendment to the PUD focus on how the annexation affects the PUD the County. It does not necessarily focus on the advantages of the annexation of the various properties to the Town of Parachute itself. 4.04 CONSISTENCY WITH THE COMPREHENSIVE PLAN The Garfield County Comprehensive Plan 2030 designates the three (3) parcels that were located within unincorporated Garfield County as Residential Medium High Density (2 — 0 acres per dwelling unit). The five (5) parcels within the PUD are designated Residential High Density (113 to 2 acres per dwelling unit) Normally, the change in zoning, withdrawal of the PUD, or other land -use action in Garfield County requires a Land Use Change Permit and would be subject to an 4 1 P a g e analysis which identifies that the changes are in conformance with and/or meet the goals, objectives and strategies of the County's Comprehensive Plan. In this particular case, we shall identify how the annexation of the eight (8) parcels helps the Town of Parachute meet their Comprehensive Plan goals and concepts. Town Annexation Plan. In Colorado, cities and towns are required to have an Annexation Plan in place for any annexations within a 3 -mile area of their municipal boundaries. The Town of Parachute currently considers the following documents to be part of their Annexation Plan. These documents are: Town of Parachute Comprehensive Plan dated 2015. Zone District Map of the Town of Parachute • Any and all staff reports and minutes of relevant Planning Commission meetings. An annexation plan was adopted by the Town of Parachute in April 2017 and will consider the annual adopted in March 2018. Comprehensive Plan. During the annexation review process, staff looked to the Town's Comprehensive Plan for guidance. The Comprehensive Plan for Parachute is a comprehensive document that makes an effort to look at the health of the entire community — for example, it examines such issues as economic vitality, job creation, housing, general strengths and weaknesses, etc. The Plan endeavors to be more than just a land -use plan that addresses physical development. An entire section of the Comprehensive Plan (Section 5) is devoted to the concept of "Community Annexation". This includes a discussion of the fact that the Town and Battlement Mesa may have advantages if they were a single entity. Advantages would be economies of scale related to personnel and financial resources, physical infrastructure that is in place, political representation and support, improved access to grants and potential funding sources, etc. This annexation does nothing to prevent further integration of the two (2) communities and perhaps could be a jumping off point to more collaboration. The Comprehensive plan also recommends that an Annexation Agreement accompany the Annexation Petition, An Annexation Agreement was put together and approved by the Parachute Board of Trustees. The Agreement protects the Town in a number of perspectives, and can also provide a higher level of certainty related to access to services, land -use entitlements, and obligations for the owners of the property to be annexed. Comprehensive Plan Land Use designation. The annexed area is adjacent to and would be an extension of the area noted as "Downtown Parachute" in the Comprehensive Plan. See Map 4 of the Annexation Impact Report for more detail. The Mixed -Use Zone is anticipated to include commercial, retail and residential development — and most of these areas in the annexation are highly visible to travelers on the Interstate. A formal development plan has not been submitted at 51P-,tge this time. It was recommended that all development plans should be considered carefully in the context of the Mixed-use area as noted in the comprehensive plan. Economic Vitality and Goals of the Community. These were important components of the Comprehensive Plan 2015. A mixed-use development and elements of the Service Commercial Zone district provide flexibility to bring uses that do not presently exist for the Town and surrounding area. It should be noted that many of the intense land uses allowed in the Service Commercial Zone are uses that require a Special Use Review and will allow the Town to carefully analyze a proposal and prevent negative impacts from associated development of the property. The same protections are included in the Annexation Agreement. Comments regarding project location. The Comprehensive Plan also notes the desire of the Town to have greater River access and provide parks, access to the river, some residential development, and what is categorized as "riverfront mixed- use". The annexation of this property can help achieve the Town's goal of greater access to the river and realizing/developing some of these land use categories as identified in the Comprehensive Plan for the "Downtown area". 4.06 INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS There should be no adverse effect related to the criteria outlined in Section 4.06 above. Once again, no zone districts are being changed relative to their intent or purpose statement, uses listed, dimensional criteria or density. Compatibility between uses and zone district should not be affected. 4.07 STANDARDS AND REQUIREMENTS 4.07.01 PUD Rezoning and Findings The applicant (Town of Parachute) respectfully requests that the Board of County Commissioners (BoCC) review this Amendment to the Battlement Mesa PUD. We believe that inclusion of all areas of the Lyons annexation into Parachute is in the best interests of The Town. 4.07.02 Parking Parking standards within the PUD are not proposed to change. Parking for any of the Lyons parcels will be considered when a final Development Plan is submitted for review by the Town. 4.07.03 Site Plan Criteria 1) Appropriate Relationship to the Surrounding Area The PSR Zone District still has an appropriate relationship to the surrounding area. We assume that with the original approval of the Battlement Mesa PUD that there were no unreasonable adverse effects, and this should not change because of the withdrawal of 48.125 acres. 2) Internal Circulation System 6 1 P a g e No adverse effect to the PUD. Same street system exists and it should continue to be adequate. County Road 300C and County Road 305 have been annexed and primarily serve the Lyons property themselves. These roads were vacated by the Town to the Lyons'. 3) Parking — Providing Areas Adequate in Terms of Location, Area, Circulation, Safety Etc. Parking within the PUD proper is not being modified. Therefore, it should remain adequate in terms of location, circulation, convenience etc. 4) Common Open Space Common Open Space will remain adequate within the PUD. Only a small percentage of the PSR zone district is being removed and added to the Town. After removal of the Lyons parcels, 37.97% of the PUD is stili included in the Public, Semi- public, and Recreation Zone District. This significantly exceeds the 25% Common Open Space requirement in the County Zoning Resolution and the LUCD 5) Variety in Housing Types/densities, Other Facilities and Common Open Space The PUD will still have sufficient variety in housing types and densities and related facilities. Inclusion into the Town of Parachute will help the Town meets its development, commercial, financial and economic diversification goals. 6) Adequate Privacy The proposed amendment does not change any privacy protections of other zone districts with the PUD. 7) Provide Pedestrian Ways adequate in Safety, Separation, Convenience etc. The PSR Zone District, after the removal of the 45.125 acre Lyons parcels, will still have adequate pedestrian ways related to safety, separation, convenience, and access to points of destination and attractiveness. 4.07.04 Building Heights The proposed Amendment to the PUD does not change the maximum height of buildings within any zone District of the PUD. 4.07.05 Minimum Lot Areas and Minimum Setback Restrictions This section of the County Zoning Resolution promotes flexibility by allowing flexible lot areas and setback restrictions in certain circumstances within a PUD. In this particular Amendment application, no changes are being made to any lot areas or setbacks within any PUD Zone District. 4.07.06 Overall Average Residential Density No adverse effect. The overall average residential density should not change due to the PUD amendment. The criterion is that residential density 7 1 P a g e shall be no greater than four (4) dwelling units per gross acre within the PUD. Residential land uses are not allowed in the PSR Zone District. 4.07.07 PUD Area The PUD amendment does not violate the standard — "a PUD must be greater than 2 acres in size". The Battlement Mesa PUD is over 3,000 acres in size. 4.07.08 Permitted Uses within a PUD The Proposed PUD amendment does not include or add uses that do not exist in any other Zone District within Garfield County. 4.07.09 Common Open Space -- 25% of total area in the boundary of PUD's The Proposed Amendment does not change the Common Open Space requirement within the PUD. There is an abundance of land within the PSR zone district to provide Common Open Space. 4.08 PUD PROCESSING 4.08.01 Approval of a PUD Constitutes a Zone District Amendment — BOCC Review and Approval (Disapproval and/or Conditional Approval) The approval of the PUD or a PUD Amendment is a Zone District Amendment and must be reviewed and a decision rendered by the BOCC. The Town requests favorable BOCC consideration 4.08.02 PUD Processing Separate from and in Advance of Subdivision This PUD Amendment is being processed under the County Zoning Resolution in effect for the Battlement Mesa PUD. No subdivision request for this property will be made to Garfield County. 4.08.03 Plan showing generally within the PUD each type of Use and Location With the exception of the removal of 48.125 acres of land, the precise location of all other zone districts (besides the PSR) and lots remains the same. 4.08.04 Uses and Dimensional Criteria — Approved by BOCC at such time areas zoned NA 4.08.05 Written Requirements 1) Statement of Ownership Interest As noted in the initial sections of the application including the Background Statement, parcels affected by withdrawal from the Battlement Mesa PUD annexed to the Town of Parachute are owned by John and Jodi Lyons or the John Lyons Family Partnership, LLC. Their statement of authority is included in the ownership documents section (Appendix A). 81Page 2) Broad Concept of Proposed Development A Revised Battlement Mesa PUD zoning map is included in Appendix B. 3) Regional Location Map A Location Map is included earlier in the Amendment Application. 4) Site Map A site map — the actual plats provided of the annexation area are included in Appendix C. The annexation maps show the boundaries, individual parcels and total acreage. 5) Site Topographic Map A Topographic Map is not included in the application documents. A topographic map will be included with any Development Plan submitted to the Town of Parachute. 6) Legal Description The legal description of the affected area is included in Appendix D. 7) Miscellaneous Requirements a) Explanation of Objectives NA. There are no objectives associated with the Lyons Parcels for the Battlement Mesa PUD. The Development and Community Objectives of the Battlement Mesa PUD Guide will not be changed. b) Development Schedule There is no development schedule for the Lyons parcels at this time. c) Copies of Special CCR's Copies of any special CCR's will be submitted to the Town of Parachute when a Development Plan is filed. d) List of owners of abutting properties within 300 feet A list of owners of property within 300 feet of the boundaries of the Lyons Parcels is included in Appendix E. e) Statement by License Engineer No additional engineering information is being provided for development within the Battlement Mesa PUD itself. A licensed land surveyor has prepared the Annexation Maps and the Revised Battlement Mesa PUD zoning map. f) Legal Access for ingress and egress Legal access for ingress and egress to the Lyons Properties are shown on the Annexation Maps. 91Page g) Evidence that the PUD has been designed with consideration of natural environment Evidence that the Battlement Mesa PUD was designed with consideration of the natural environment and the surrounding area and does not unreasonably destroy or displace approval wildlife, natural vegetation or unique natural or historical features occurred via of the with the original PUD Application 4.08.06 No Portion Used or Occupied until Final Subdivision Plat No portion of the PUD has been or will be used or occupied otherwise than as permitted. No additional occupation of the Lyons parcels will be made until proper land -use approvals or permits have been obtained. 4.08.07 Combining Public Hearings for Subdivision and Rezoning. NA 10IPage SECTION 3 Miscellaneous Documents Annexation Impact Report- May 2017 Excerpts RE: PUD Regulations from Applicable Zoning Resolution 6t" Amended and Restated Battlement Mesa PUD Guide — January 2014 Annexation Impact Report John Lyons Family Partnership Annexation Presented to: Garfield County Board of County Commissioners May 25, 2017 Prepared by: Stuart S. McArthur, Town Manager, Town of Parachute (5/1.9/2017) John Lyons Family Partnership Annexation — 2017 11 P a g e TABLE OF CONTENTS CRS § 31-12-108.5. Annexation Impact Report — Requirements.................................................................. 3 Annexation Impact Report Summary............................................................................................................ 4 Appendix A — Present Municipal Boundaries..............................................................................................11 Appendix B — Property to be Annexed........................................................................................................13 Appendix C— Comprehensive Planning Area — Downtown........................................................................14 Appendix D —John Lyons Family Partnership Annexation Maps ........................ —............................... ......15 John Lyons Family Partnership Annexation — 2017 2 1 P a g e CRS § 31-12-108.5. Annexation Impact Report - Requirements (1) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31-12-108 and shall file one copy with the board of county commissioners governing the area proposed to be annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less in total area or when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Such report shall include, as a minimum: (a) A map or maps of the municipality and adjacent territory to show the following information: (1) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and (III) The existing and proposed land use pattern in the areas to be annexed; (b) A copy of any draft or final pre -annexation agreement, if available; (c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) A statement identifying existing districts within the area to be annexed; and (f) A statement on the effect of annexation upon local -public school district systems, including the estimated number of students generated and the capital construction required to educate such students. John Lyons Family Partnership Annexation — 2017 3 1 P a g e Annexation Impact Report — John Lyons Family Partnership Annexation As required by C.R.S. § 31-12-108.5, this Annexation Impact Report is being prepared concerning the proposed annexation of sixty-eight and 181/1000 (65.735) acres of property to the Town of Parachute. The property is owned by John and Jody Lyons and the John Lyons Family Partnership, LLC. Both parties are represented by John Lyons as the agent. One hundred percent (100%) of the property owners support this proposed annexation and are represented on the petition. On May 11, 2017, the Town of Parachute Board of Trustees considered the petition to annex and determined that the petition is in substantial compliance with State (Colorado) Statutes and set a public hearing to consider the annexation and zoning on June 15, 2017, at 6:30 p.m. The Town has received the application materials from Mr. Lyons for annexation. In addition, he is requesting that the property be zoned as Service Commercial within the Town. According to the Town's Development Code (15.02.155), a Service Commercial Zone District is intended to provide areas for wholesale and service commercial uses located near major highway intersections. Current zoning within the Battlement Mesa PUD is Public, Semi-public, and Recreational (PSR). The uses that currently exist in the PSR zone are schools, recreation center, golf course, county maintenance building, fire station, water & sewer plants, water pump stations, Battlement Mesa Company maintenance facility, and open space. To the extent required, the Town will apply to Garfield County to amend the Battlement Mesa PUD as it relates to the proposed annexation properties. Following is a map showing the current corporate limits and zoning far the Town (larger map for reference is provided in Appendix A). The map reflects that the zoning for the adjacent properties to the proposed annexation area is also Service Commercial. In addition, the planning area of the Town's Comprehensive Plan that the proposed annexation area would fit most closely would be Downtown. The following map depicts that Mixed Use is the best use of this planning area. John Lyons Family Partnership Annexation — 2017 4 1 P a g e The following map reflects the boundaries of the Town of Parachute in the vicinity of the proposed annexation: John Lyons Family Partnership Annexation — 2017 5 1 P a g e The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation are reflected on the following pages. The area to be annexed is reflected above and is described below. • The John Lyons Family Partnership, LLC, properties lie east of the Town of Parachute and the Colorado River. It is accessed by County Road 3000 which runs through the property and turns into County Road 305. The access is from County Road 300 (Battlement Parkway). The Battlement Mesa Golf Course is directly east of the property. The Willow Creek subdivision of the Battlement Mesa PUD is directly south of the property. • An Access and Utility Easement runs from County Road 300C/305 to the River Bluff Filing No. 2 of the Battlement Mesa PUD. This is the access for the Battlement Mesa Metropolitan District (BMMD) to get to their water wells on the property. This access will remain open for BMMD. • A 10' Public Service Easement runs through the property from County Road 300 to the buildings on the property. • A Utility Easement runs on the west side of Battlement Parkway along two (2) of the parcels. They belong to BMMD. John Lyons Family Partnership Annexation — 2017 G ( P a g e The proposed annexation area includes eight (S) separate parcels. Following is information for each parcel: Parcel ID Description 240707104002 Water Source: Lyons/Shopp well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & J Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707400009 Water Source: Lyons/Shopp well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & J Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707410001 Water Source: Lyons/Shopp well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & J Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707400010 Water Source: Lyons/Shopp well, for domestic and crop use Sewer Provider., None. Water Rights: J&1 Pump & Pipe line, Jody's ditch, John's ditch, Lyons Pond, Lyons Slough 240707400004 Water Source: Lyons/ Shopp well on parcel, domestic, and crop plus state water rights. Sewer Provider: Two septic systems, one for office one for home & guest home. Water Rights: J&J Pump and Pipe line, Jody's ditch, John's ditch, Lyons Pond, Lyons Slough, Lyons/Shopp well. 24070740006 Water Source: Town of Parachute City municipal water Sewer Provider: Septic system close to home. Water Rights: J&J Pump and Pipe line, Jody's ditch, John's ditch, Lyons Pond, Lyons Slough, Lyons/Shop well. 240707400007 Water Source: Lyons/Shop well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & J Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707400001 Water Source: Town of Parachute City municipal water Sewer Provider: Septic System in location Water Rights: None John Lyons Family Partnership Annexation — 2017 7 1 P a g e The draft annexation maps depict the roads, easements, and other information. County Roads 3000 and 305 will be included in the annexation area. The annexation will not alter any existing lot lines for the annexed parcels. The annexation maps depict separate annexation "areas" solely for the purpose of effectuating a serial annexation pursuant to C.R.S. 4 31-2-104(1)(a). Gar Od Comfy. Colorado An on4olion of 2A01 ocros to the Toren of Pocmh la. Colmndm `1 John Lyons Family Partnership Annexation — 2017 8 I P a g e avr�u� rosr� ;fir �rMW Gorlieid County. Ca:or An annoxalion of 4p.043 oc[os 7o The Town K.alion Mop Ho, � 1euN•. [dwodo Colorado. John Lyons Family Partnership Annexation — 2017 9 1 P a g e !e i% p Arnrxor�on Mop wY[ti �r.r.ia.Y nBc w1Y'/rr^r.l.Y wrplrr �.WY � Ir+ John Lyons Family Partnership Annexation — 2017 9 1 P a g e !e i% p Arnrxor�on Mop There is existing Town of Parachute municipal water service to a portion of the proposed annexation area. At the current time, there are no plans to extend additional service to or from the annexation area. The portion of CR300C within the proposed annexation area will be annexed into the Town. As a result, no financial plan needs to be prepared or identified. The proposed annexation area lies within several special districts: • Grand Valley Fire Protection District • Colorado River Conservation District • West Divide Water Conservancy District • Grand River Hospital District • Garfield County School District 16 • Colorado Mountain College • Parachute/Battlement Mesa Parks and Recreation District • Garfield County Public library District • Battlement Mesa Metropolitan District (one parcel) Impact on Schools: No additional students are expected after annexation and the development of the annexed area as the intent is for commercial development. Impact on Police and Fire Protection Services: It is expected that the Town of Parachute Police Department and Grand Valley Fire Protection District will be able to adequately serve the annexation area with the existing department and district size. Impact on Traffic: It is possible for an increase in traffic on CR300A upon full development of the annexed area; however, at this time, only a portion of the property is planned for development with little expected increase in traffic. Utility Impacts: The Town of Parachute is capable of providing domestic and commercial water service to the proposed annexation area. At a point of full development, it is expected that the Petitioner will seek to obtain wastewater service from the Battlement Mesa Metropolitan District. Electric and natural gas service is available to the annexed area. Future Impacts: The Town of Parachute and the Petitioner will enter in an annexation agreement to adequately plan for and address impacts from future development at the time of development, including the collection of fees. The annexation agreement is not available at this time. John Lyons Family Partnership Annexation — 2017 10 1 P a g e John Lyons Family Partnership Annexation-2017 111 P a g n John Lyons Famiiy Partners hip Mnexation-2617 121P gc John Lyons Family Partnership Ar% a tion -2011 13 i v a g e a John Lyons Family Partnership Annexa ton-2017 14 1 P a P. a John lVons Family Partnership Annexation -2017 15 1 P a P, e John Lyons Family Partnership Annexation Map No. 1 'r _ .+•c- Section 7. T... R.95 W, a the 6th P.M. •� _ �t p, GMIHd ccw ty. colorado An annoxatwn of 23.W? acres to the Town of PosochVle. co!oratlo. Ot i ESE, 6ElA- AVE* r B "o— DI I c �• • /: . i w.e•.•I / Vw�r� r i nr_r• fe----:�� J 1�Y, a'c $GM Jahn Lyons Nraly PO& -stip A—..ion Mop No.1 -_____ — Anxwfion Mnp ikri.ni� 'wodw.[o�v -- 1 John lVons Family Partnership Annexation -2017 15 1 P a P, e - Site: �-teatem- rrr r..n..wn...w� �Y.MIX>wf4L Garvo4d CoUnty. Cotoroca M anmeAOon of 42.049 acres to the To of Parachute, Cofarado, t i John Lyons Family Partnershfi, Annexation -200 16 ( P a g e r.ara.r rt.. w.urv�.s•�n +t�n,.acc•�N+a m.mYlnu y.IIN � rasa 7 � M�.,r:.t���.�.�.• ....Irv. w..w.r.� r+............ I ....Iw.l.�.rw... N•4�Y.Mt.. Mrry.�rw.1w1.....a �'�al•rrLiril�iJni.�^�rr����� - - -�� ; �r wrwrwia�lYti•I.�.. �r�� •�w.wr rls+•'..r•.s�.a - .++r nr�•r.�.af� \ w��iwr �arru.wl� .r.•��rr John Lyons Family Partnershfi, Annexation -200 16 ( P a g e r.ara.r rt.. w.urv�.s•�n +t�n,.acc•�N+a m.mYlnu y.IIN ,c- $SA'1'1;4CC7f.411AG0 Gal. Q,r caaaty o: ounrfd~� regi T a r „ wip of the aeud of Caunt Ctimr'ritdCnfts tet G fIdd Coan Y, lm�da, of �•. - .-.....-. i$ond�a ° . 1 t11 held,rat,tae,t} UMLnG`tawead3pfaysan_-^....•�.,,..����..�..,..�.�...,����� •.. ,,.,...,........ th...... ��...................dryaf MX..........- .............. ./t.�s Q Ovate pi nh ..iar •..._.. ••.? a ".itl Clic til...0 - Jbl'liey e3e _ cotamtr,lonw CbArr„sr. ............ .N....I:Y.. 'el;tisguet Cama P40nee Flayeg �l. Cepis„ e ,...?,...... _, Comlgwmee ATt11ur:. A„ Ab,planal,(?, .J r. , CoentY Altero�y ............rl.,a„nay..SPricl.:,.Pz.9 .t...�? IsuEy........... CtrtketThe 0"d wSem the fallnwtng p:oeecdfing,, emonq othae war ba ntd darts, 7n.nr11: RESOLUTION NO. 80-82 RESOLUTION CONCERNED WITH THE APPLICATION OF BATTLEMENT MESA, INC., FOR AMENDMENT TO THE BATTLEMENT McSA PLANNED KNIT DEVELOPMENT PLAN AND RiESOLUTION OF AUGUST 14, 1975. WHEREAS, Sattlerrent Mesa, Inc. has made application to the Board of County Colntlissioners of Giarfield County, Colorado, for ap- proval of an amendment to the Battlement f"esa Plnnil.d Unit Development Plan and RLsolution of August 14, 1975, of -the Board approving such plan and establishing the uses permitted on the land as described in said Resolution in association with such plan, which amendment would modify the location and type of uset permitted in and by the Battle- ment Mesa Planned Unit Development; and WHEREAS, the Hoard has observed that the Resolution heretofore entered by this Board dated August 14, 1975, failed to provide therein for the specific uses permitted within the Battlement Mesa Planned Unit Development as required by Section 4.07.48 of the Garfield County Zoning Resolution; and WHEREAS, the Board has determined that the proposed anendment is consistent wi:h the efficient development and preservation of the entire planned ttnit development, does not effect in a substantailly adverse manner either the enjoirent of the land abutting upon or across the street from the planned unit development or the public interest, is not intended to solely to confer a special benefit upon any person, In accordance with the provisions of C.R.S. 1975, 624-67-105 {3)(b), and will further effect the intent of this Board in adopting is Reso- iution dated August 14, 1975, by which the Battlement Mesa Planned Unit Development was approved, and which was to have established the uses to be permitted in the lands described in Battlement Mesa Unit planned Development; and NOW, 1HEREFORE, 9E 17 RE54LVE4 by the Board of County Collmis- sioners of Garfield County, Colorado: 1. That the modification, of the Battlement Mesa Planned Unit Development Plan requested by Battlement Mesa, Inc. be and hereby is granted and approved, subject to the following conditions: a) That the school acreaga figures as set forth in the plan be adjusted and modified, as the phases of the Planned Unit Deveiopnent progress, as required to represent actual experience in terms of enrollments in the appropriate schools, and that additional land be designated and donated for school sites if the same is indicated by actual pupil tensa: figures. b) That priorto final plat approval of any portion of the Planned Unit Development, evidence of ownership of suffi- cient water rights to provide to the planned unit develop- ment an adequate supply of notable water to serve the nAfadq of the proposed development for domestic and related usage. Governmental offices and haaith facilities (except auditorium and public assembly). -one space per 200 square feet of floor area (except storage area). Church: One parking space per three seats. Recreation facility: Parkingshall be provided on the basis of ane parking space par each four persons using the facility (figured at a maximum capacity use period). 9.10 Additional Re Section 14. Suuirements: All uses shall be subject to the provisions under pp ementary Pagulations) and Section 11.0 (Modifieatiods of Subdivision Regulations). 10.0 Supplementary Regulations --, oivision of the subject lands into land use areas and their related develop- ment standards will be as shorn on the PUD map and as outlined by thepreceding' development standards. To further avoid problems of interpretation, .f►e following listed supplementary regulations arc included as part of the Planned Unit Development. there the preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision regulations of January 2, 1979, and amendments of October 15, 7979. 10.1 l_�and User pes: The PUD map shorts generally where within the PUD each type a u�iocated. The precise location of each use and the lccation of lots, blocks and other parcels within each area devot,2d to each use shall he shoran as that area is hereafter subdivided and platted. 1o.2 Uses Permitted: The principal uses for each land use area are listed as a part of tTe general development standards; however, any other building, structure or use which is similar to those enumerated and not more ohnoxious or detrimental. to the area in which it is located shall be permitted. Mobile bachelor dwellings and modular bachelor dwellings shall include groupings or single room living units with comr;on restroom facilities, community recreation space and central eating facilities, in place of rest- raDm5, kitchens and larger living areas within each siparat_ living unit, An attached single family dwelling is a building containing two or more single fanily dwelling units sharing one or two common side building Walls. 10.3 Intensity of Use: In any residential area defined an the PUD reap, the net _n_ ityin any given part of a subdivided area tray exceed the gross density old ch would be peoftitted for the entire subdivided area so long as the ontire subdivided area, including open space, is 1•rithin the, range of the applicable gross intensity of use set forth above in the davelopment standards. -12- V; kQe('rAIe-- GARFIELD COUNTY ZONING RESOWTTON or 1970 BOARD OF COUNTY COMMISSIONERS GARF IELa COUNTY, COLORADO P.O. BOX 640 GLENWOOD SPRINGS, COLORADO Adopted 6 Enactad January 2, 1979 Effective January 2, 1979 This copy includes all amendments through: U January 2, 1979 IN Uses, conditional; allocved by permit only: industrial support facilities which would include; material handling, pumping facilities, electrical distribution warehouse facil.it:ies/ staging areas, fabrication areas, storage areas, water impoundments, access routes, utility lines, pipelines; extraction, processing, accessory uses to the above; mobile home as accessory use to ranch or farm operations. Church, community building; day nursery and school; studio for conduct of arts and crafts; homy occupation. Uses special; Utility airport, feedlot as principal use off the 'lot, camper park, hunting lodge; mineral waste disposal areas; public events. Minimum Lot Area: 2 acres. Maximum Residential Lot Covera e: 15 percent. Re uired Setback, Xesidentiall : (1) Front yard. (a) arterial streets: 100 feet from street centerline or 75 feet from front lot line, whichever is greater; (b) lova! Wtreets: 75 feat from street centerline or So feet tram front lot line, whir he-, ar is groater; (2) Rear yard: 125 feet; (3) Side yard: 100 feet from side lot: line or h the f' '7 height of the principal building, whichever is greater. Required Setback, industrially: 100 feet from any properL-y line. -- t1aximum neo ht of Residential Building-: (not related to agriculture) 25 feet. Additional Requirements: All uses shall be subject to the provisions under section 5 (supplementary Regu- lations). 4.00 PLAMIED IMT DEVELOP11ENT5 4.01 DEFINITIONS As used in this planned unit Development Section (here -- after "section") the following definitions shah, apply, unless the context otherwise requires: -24- 4.01.01 Common Open Space. A parcel or parcels of land, an area of water, or a combination of land and water within the site designated for a Planned Emit Develop- ment, designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the Planned Unit Development, 4,01.42 Plan.. The provisions for development of a Planned Unit Development which may include, and need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, Common Open Space, and ether public facilities. "Provisions of the plan" means the written and graphic materials referred to in this definition. 4.01.03 Planned unit Development. (hereinafter a PUD) An area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or indust.ri.al, uses, or any combination of the foregoing, the Plan for which does not correspond in lot sizef bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use reyulatiuns. 4.02 PURPOSES AND OBJECTIVES OF DEMOPI-IMT PUDs may be approved by the County Commissioners for the following purposes and to achieve the following �-�. objectives of development: �j (1) To provide for necessary commercial, recreational, and educational facilities conveniently located to housing; (2) To provide for well located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities; (3) To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot by lot development in a manner which would distort the objectives of the zoning laws; (4) To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater -25- 6 variety in type, design, and layout of buildings and by the conservation and more bfficient usa of open space ancillary to said buildings; (5) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of lana development so that resulting economies may inure to the benefit of those who need homes* (6) To lessen the burden of traffic on streets and highways; (7) To encourage the building of new towns incorp- orating the best features of modern design? (8) To conserve the value of the land; (9) To provide a procedure which can relate the type, design, and layout of residential, cont"rcial, and industrial development to the particular site, thereby encouraging preservation of the site's natural charac- teristics; or (10) To encourage integrated planning in order to achieve the above purposes and objectives of development. 4.o3 SCOPE Applications for Planned Unit Development zoning may be made for land located in any zoning district. 9.04 CONSISTENCY WITH THE GMERAL PLAN No PUD shall be approved unless it is found by the County Commissioners to be in general conformity with the County's general plan. ' 4.05 RELATIONSHIP TO ZONING AND SUBDIVISION 9.05.01 The Subdivision Regulations of Garfield County, as the same may be from time to time amended, and the provisions of this Zoning Resolution, as the same may be from time to time amended, shall be applicable to PuDs insofar as said Regulations and Resolution are consistent with this section and with any specific zoning or subdivision requirements approved by the County Commissioners at the time of zoning or platting the PUD in question, but to the extent that said Regulations and Resolution are inconsistent herewith, they shall not be applicable and the provisions of this ,section shall control. _25- 4.05.02 It is recognized that the uniqueness of each proposal for a PUD requires that the specifications, standards and requirements for various facilities, including but not limited to, streets, highways, alleys, utilities, curbs, gutters, sidewalks, street lights, parks, play- grounds, school grounds, storm drainage, water supply and distribution, and sewage collection and treatment, may be subject to modification from the specifications, standards and requirements established in the Subdivision Regulations of Garfield county for lake uses in other zone districts. The County COMMissioners may, therefore, either at the time of zoning as a PUD or subsequently upon final platting under the Subdivision Regulations, as requested by the applicant, waive or modify the specifications, Standards and requirements which would be otherwise applicable. 4.06 XNTERNAL COMPAT1131LITY Or PLANNED UNIT DEVELOPMENTS it is recognized that certain individual land uses, regardless of their adherence to all the design elements provided for in this section, might not exist com- patibly with one another:. Therefore, a proposed PUD shall be considered from the point of view of the rela- tionship and compatibility of the individual elements of the Plan, and no PUD shall be approved which contains i.ncompatihle elements. -- , 4.07 STANDARDS AND liEQUIREMENT5 4.07.01 Y The County Commissioners may approve a proposed PUD rezoning upon a finding that it will implement the purposes of this section and will meet the standards s and requirements set forth in this section. 4.07.02 The number of off-street parking spaces for each use in each M shall not be less than the requirements for ' like uses in other zoning districts, except that the county Commissioners may increase or decrease the required number of off-street parking spaces in con- sideration of the following factors (1) estimated number of cans owned by occupants of dwelling in the PUD (2) parking needs of non -dwelling uses (3) varying time periods of use whenever joint use of commons parking areas is proposed. 4.07.03 The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one or more -27- of them is not applicable or that a'praotical solution has been otherwise achieved: (1) The PUD shall have an appropriate relationship to the surrounding area, with unreasonable adverse effects on the surrounding area being minimized. (2) The Pun shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, con- venience and access. Private internal streets may be permitted provided that adequate access fbr police and fire protection is maintained, Bicycle traffic shall be provided for, if appropriate, when the site is used for residential purposes. (3) The PUD shall provide parking areas adequate in terms of location, area, circulation, safety, con- venience, separation and screening. (4) The PUD shall provide Common open Space adequate in terms of location, area, and type of the Common Open Space, and in terms of the uses permitted in the PVD. The PUD shall strive for optimum preservation of the natural features of the terrain. (5) Tha PUC shall gr_:*ide fnr vA-i f -V in housing types and densities, other taeilities, and Conuuuii open Space. (6) The PUD shall, provide adequate privacy between dwelling units. {-� (7) The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, access to points of destination and attractiveness. 4.07.04 The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed bui.ldingi (1) Its geographical locationp (2) The probable effect on surrounding slopes and mountainous terrain= (3) unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity] (4) Potential problems for adjacent sites caused by shadows, loss of air circulation, or loss of view; -28- (5) Influence on the general vicinity, with regard to extreme contrast, vistas, and open space; and (6) Uses within the proposed building. 4.07.05 The minimum lot areas and the minimum setback restric- tions may be decreased below and the maximum lot coverages may be increased above those applicable to like buildings in other zone districts to accommodate Specific building types with unusual orientation on the lot or relationship between buildings. The averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain an acceptable building site. 1 The clustering of development with usable common open J areas shall be permitted to encourage provision for, and access to, common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providing for separate ownership of land and buildings. Architectural style of buildings shall not be a basis for denying approval of a PUD application. 4.07.06 The overa! I average resideoLial Iei'ss.i,ty ra hM11 be ;1Q greater than four dwelling units per gross acre within the PUD. The overall average residential density shall be calculated by summing the number of .residential duelling units planned within the boundary of the PUP and dividing by the total gross area expressed in acres _ within the boundary of the PUD. Averaging and trans- ferring of densities within the PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD to achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum per- mitted for a like use in other zone districts. 4.07.07 The minimum number of acres that may comprise a PUD is two acres, 4.07.DB All uses which are permitted in any other zone district may be permitted in PUps subject to the provisions of Section 4.06 hereof. Without limiting the generality of the foregoing, the following uses, saparate or in combination, may be permitted in PUDs: (1) Single-family and multiple -family residential divelling units in detached, semidetached, attached, -29- groups of attached, Clustered or multistoried struc- tures, or Any combination thereof; (2) Sale or rental of goods of services; (3) Recreational facilities; (4) public and private offices; (5) Mobile home parks: (6) Convention facilities; (7) Restaurants; } (0) Public utilities and facilities; (9) Lodging places, including motels, hotels, lodges, and dormitoriest (1.0) schools and other educational. institutions; (11) churches and hospitals; (12) Business and commercial uses; (13) lrduEtriel Uses. The uses which shall be permitted in any particular PUD shall be those permitted by the resolution zoning the particular area PUD. 4.07.09 Twenty-five percent of the total area within the boundary of any PUD shall be devoted to Common open Space; provided, however, that the County Commissioners may reduce such requirement if they find that such decrease is warranted by the design of, and the amenities and features incorporated into, the Plan and that the needs of the occupants of the PUD for Common Opon Space can be met in the proposed PUB and the surrounding area. 4.08 PUL} PROCESSING 4.08.01 The approval of a PUD constitutes a Zone District Amendment, and a PUD is established by rezoning an area in an existing zone district to PUD pursuant to the provisions of this Zoning Resolution and all applicable provisions of C.R.S. 1973, Title 30, Article 28 and Title 24, Article 67. The County Commissioners are hereby declared to be the board authorized to review PUD applications pursuant to C.R.S. 1973, 24-67104(1)(c). Each DUD application shall be reviewed and approved, -30- disapproved, or conditionally approved by the County Commissioners within 120 days of its initial filing. The approved PUD zoning and the approved PUD Plan are inseparable and a PUD shall not be established without the approval of the related PUD Pian. The approved PUD zoning and the approved PUD Plan together establish the uses permitted in lieu of the zone district regulations which were theretofore applicable. 4.08.42 An applicant shall process his application for PUD zoning under this Zoning Resolution separate from and in advance of his application or applications .for sub- division platting under the Garfield County Subdivision Regulations. 4.08.03 The Plan shall show generally where within the PUD each type of use will be located and shall indicate the total acreage which will be ,devoted to each use. The precise location of each use and the location of lots, blocks or other parcels within each area devoted to each use shall be shown as that area is thereafter subdivided and platted in accordance with the Garfield ,County Subdivision Regulations. 4.08.44 The uses by right, conditional uses, minimum lot area, maximum lot coverage, minimum setbacks, maximum height of builds Ss, and X11 other .red and ^ccQV-anct' reetrictians applicable to any area zoneu as PUD shall be those which are approved by the county Commissioners at the time such area is so zoned. 4.08.05 The applicant shall include with his written request r for PUD zoning: . (1) A statement of the ownership interest in the property to be included in the PUD and the written consent of all of the owners; (2) A Plan indicating the broad concept of the pro- posed development. Such Plan shall indicate; (a) The maximum number of dwelling units proposed within the overall arear (b) The minimum acreage which will be dedicated to Common Open Space; (c) The type of uses proposed and the acreage devoted to each use; (d) Major internal circulation systemsf -31- (e) The acreage which will be dedicated for school sites; (i:) The general nature and location of commercial and industrial uses, if any, to be located in the FUD; (g) Provision for water, sewer, telephone, electricity, gas and cable television, if applicable; and (h) other restrictions proposed by the applicant such as building setbacks, height limits, access requirements, and grade or slope restrictions to be applied to particular araas; (3) A regional Location map showing the relationship of the site to connecting roadways, public facilities, commercial and cultural facilities, and surrounding land uses, (4) A site map illustrating site boundaries, acreage, existing structures and the existing zoning; (5) A site topographic map showing at least 5' contour intervals, major vegetation elements, streams, rivers, ditches and areas subject to 100 -year flooding; (p) it iP,.,nl eeq--riptinr of the area which the applic- nt wishes to include in the PPD; (7) A written statement containing the following information: (a) An explanation of the objectives to be achieved by the POD; (b) A development schedule indicating the approximate dates when construction of the various stages of the PUD can be expected to begin and be completed; (c� Copies of any special covenants, conditions and restrictions, which will govern the use or occupancy of the PUD, provided, however, that the applicant may impose additional covenants, conditions and restrictions on any particular area in connection with the platting of such area; (d) A list of the owners of abutting pzopertles located within 300 feet of the boundaries of the PUD and their addresses; -32- (e) A statement by a licensed engineer which shall provide evidence of the followings (i) The proposed water source adequate to service the PUD: (ii) The proposed method of sewage treatment; (iii.) The general manner in which storm drainage will be handled; and (iv) The general manner in which provision will be made for any potential natural hazards in the arca such as avalanche areas, landslide areas, flood plain areas, and unstable soils; (f) Easements shooting vested legal access for ingress and egress from a public road to the PUD; and (g) Evidence that the PUD has been designed with con- sideration of the natural environment of the site and the surrounding area and does not unreasonably deStroy or displace wildlife, natural vegetation, or unique natural or historical features. The applicant, may submit any other information or exhibits which hp dpetic `lertinegnt in eva? aal: ng prep= :cd, PCD. 4.08.06 Notwithstanding the rezoning of an overall area as PUD, no portion thereof shall be used or occupied otherwise than as was permitted immediately prior to the approval of such rezoning until a final subdivision plat for said portion shall have been approved by the County . -5 Commissioners as required by the Subdivision Regulations of Garfield County. 4,08.07 Notwithstanding the provisions of Section 4.08.42 above, an applicant may elect to have the public hear- ings required by Section 3.06 of the Garfield County Subdivision Regulations and Section 10.01.01 of the Garfield County Zoning Resolution held simultaneously. in this event, notice of the time and place of such hearing shall be given in the manner prescribed by C.R.S 1973, Sections 30-29-110 and 24-67-104(1)(e). The Planning Commission and County Commissioners shall render their separate decisions as required by said Sections 3.05 and 10.04.01. respectively. 4.09 DEVELOPMENT IN STAGES 4.09.01 The applicant must begin development of the PUD within one year From the time of its final zone change approval; provided, however, that the PUD may be developed in _33w stades. The applicant must complete the development of each stage and of the PUD as a whale in substantial compliance with the development schedule approved by the County Commissioners. 4.09.02 if the applicant does not comply with the time limits imposed by the preceding subsection, the County Com- missioners shall review the PUD and may revoke approval for the uncompleted portion of the PUD, or require that the FUD be amended, or extend the time for completion of the PUD. 4.09.03 Each stage within a PUn shall be so planned and so related to existing surrounding and available facilities and services that, failure to proceed to a subsequent stage will not rave a substantial adverse impact on the PUTS or its surroundings. 4.09.04 If a PUD contains nonresidential uses, they may be constructed in advance of residential uses if the county Commissioners find that such phasing is con- sistent with sound principles of ordered development and will have no substantial adverse effect: on the quality or character of the PUD. 4.10 MA UTERANCE OF COMMON OPEN SPACE The Common Open Space of a PUD may be owned and main- tained by the property owners within the PUD or by an organization chosen therefrom or thereby. In the event that the organization established to own and maintain Common Open Space, or any succasser organization, shall at any time after establishment of the PUD fail to maintain the Common Open Space in reasonable order and condition in accordance with the Plan, the County Commissioners may serve written notice upon such organization or upon the residents of the PUD setting forth the manner in vbich the organization has failed to maintain the Common Open Space in reasonable con- aition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. ht such hearing the County Commissioners may modify the terms of the original, notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 clays or any ex- tension granted, the County Commissioners, in order to preserve the taxable values of the properties within the PUD and to prevent the Common open Space from -34- becoming a public nuisance, may enter upon said Common Open Space and maintain the same for a period of one year. said Entry and maintenance shall not vest, in the public any rights to use the Common Open Space except when the same has been voluntarily dedicated to the public by the owners. Before the expiration of said year, the county Commissioners shall, upon their initia- tive or upon the written request of the organization theretofore responsible for the maintenance of the Common Open Space, call a public hearing upon notice to such organi2ation, or to the residents of the LAUD, to be held by the County Commissioners, at which hearing such organization or the residents of the PUD shall show cause why such maintenance by the County Commis- sioners shall not, at the election of the County Com- missioners, continue for a succeeding year. If the County Commissioners shall determine that such organ- ization is ready and able to maintain said Common open Space in reasonable condition, the County Commissioners shall cruse to maintain such Common Open Space at the end of said year. If the County Commissioners shall, determine such organization is not ready and able to maintain said Common Open Space in a reasonable con- dition, the County Conunissioners may, in their discretion, continue to maintain said Common open Space during the next succeeding year, and subject to a similar hearing_ and ae'tet111111dtivr,, i1► each ywrts Unt=;e ifLue. Til, Co3L of such maintenance by the County Commissioners shall be assessed to and paid by the owners of properties within the PUD that have a right of enjoyment of the Common Open Space, and any unpaid assessments shall became a tax lien on said properties. The County Commissioners shall file a notice of such lien in the office of the Garfield County Clerk and Recorder upon the properties affected by such lien within the PUD and shall certify such unpaid assessments for collection,' enforcement, and remittance in the manner pxovided by law for the collection, enforcement, and remittance of general property taxes. 4.11 FEE The County Commissioners may establish a fee schedule for PUD applications to cover the costs of processing and review in addition to the fee required for pro- cessing other Zone District Amendments. 4.12 ENFORCEMENT AND HODIFICATI©N OF PROVISIONS OF THE FLAN 4.12.01 The provisions of the Plan relating to tho use of lana and the location of Common Open Space shall run in -35- favor of the County and shall be enforceable in law or in equity by the County without limitation on any powers or regulation otherwise granted by laws 4.12.02 All provisions of the Plan shall run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the Plan and in ac- cordance with the terms of the Plan, and, to that extent, said provisions, whether recorded by plat, covenant, easement, or otherwise, may be enforced at law or in equity by such residents, occupants, or owners acting individually, jointly, or through an organization designated in the Plan to act on their behalf. 4.12.03 All those provisions of the glare authorized to be enforced by the County may be modified, removed, or released by the County, subject to the following: (1) No modification, removal, or release of the pro- visions of the Plan by the County shall, affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and (2) No substantial, modifications, removal, or release of the provisions of the Plan by the County shall be pc].-mitt�d except Uput= & lll►t ing ijy Lige± Cuu7tLy, follow- ing a public hearing called and held in accordance with the provisions of C.R.S. 1973, 24-67-104, that the modification, removal, or release is consistent with the efficacnt development and preservation of the -� entire PUD, sloes not affect in a substantially adverse 1 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. 4.12.04 Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the Plan, modify, remove, or release their rights to enforce the provisions of the Phar,, but no such action shall affect the right of the County to enforce the provisions of the Plan. -3G- 10.00 AMENDMENT 10.01 mAssiriCATION The County Commissioners may amend the nundber, shape, boundaries or area of any district, or any regulation of or within such district or any other provision of this nesolution. Amendments may be of ono of the following general classifications: 10.01.01 Amendment to the text of this Resoluti.dn and not affect- ing the shape, boundaries or area of any district; such amendment shall be referred to hereinafter as a Text Amendment; 20.01.02 Amendment changing the zone district designation of a specific lot or lots to any other single district designation, such amendment shall be referred to here- inafter as a Zone District Amendment; 3.0.01..03 Amendment changing the zone district designation of a specific lot or lots from any zone district designation to a combination of zone district designations arranged to permit development of a Planned Unit Development; such amendment shall be referred to hereinafter as a P] anned Unit nevelnnmant- ATnnndmPni-.. 10.02 IN ITIRTI0N The following persons or officials may initiate amend- ments to this Resolution: ( 10.02.01 Text Amendment:' Any owner of real property affected by sucE a change, the County Commissioners or the. Planning commission; 10.02.02 Zone District Amandments Owners of real property located within t e area proposed to be subject to the zone district change, the Cotuity Commissioners, the Planning Commission; 10.02.03 Planned Unit Development: All the owners of the real property to be included with the proposed Planned Unit Development. 10-03 SUB14ITTAL Each Landowner application for amendment shall be in the form of a written request to the County Commissioners identifying the applicant and clearly stating the nature of the proposed amendment and reasons in support of such change. -85- 10.03.01 An application for change in Zone District, or for a Planned Unit Development shall be accompanied by the Zone District Map of the subject property showing the property proposed for change, the use and owners of record of adjacent property, and any other information which may be noted thereon to explain the proposed amendments. 10.03.02 An application for a Planned Unit Development shall also be accompanied by a general development plan indicating the several zone district designations requested. 1.0.03.03 ree for 14ap Amendment: For proposed amendments to an official Zone District Map, a fee of One Hundred Dollars ($100.00), payable to the County Treasurer, ,) shall be charged to the applicant to cover the costs of processing. 10.04 PROCEDURES The county Commissioners shall refer each proposed amendment to the Planning Commission. The Planning Commission shall report its approval, disapproval, or recommendation to the County Commissioners within sixty (60) days of such re;eral of the proposed amendment by L, -Ie Cowity Cori+missioners except as stated in .G action 4.08.01 of the Planned Unit Development previsions of this Resolution. 10.04.01 Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least ten (10) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Excopt for text amendments, notice of such public hearing shall also be sent by mail at least five (5) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. 10.04.02 Approved amendments to any Zone district Map shall be promptly entered on the appropriate sheet of the Zone District Map, and Planned Unit Developments shall be labeled as such. One copy of each approved application shall be retained in the records of the auilding Official to insure that development proceeds in con- formance with the approved pians. 11.00 INTERPRETATION In their application and interpretation, the provisions of this Resolution shall be held to be minimum require- ments. This Resolution is not intended to repeal, _86- N;w Aepi,r.,�,[k Zt, RESOLUTION No. 79-132 MMREAS, on the 2nd day of January, 1979, this Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1, concerning a Zoning Resolution for the county of Garfield, State of Colorador and WHEREAS, this Board is authorized by the provisions of C.R.S. 1973, 30-28-109 through 30-28.116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendments to tho said zoning Resolution, which were on file for public inspection in tha Office of the Canfield County Clerk and Recorder for a period of thirty days beginning the 14th day of September, 19791 and WHEREAS, a public hearing was held on the 15th day of October, 1979, upon'the question of the adoption of the pro- posed text amendments, pursuant to public notice required by law; and WHEREAS, the public was, at such public hearing, given the opportunity to voice its opinions regarding the proposed text amendments, which opinions have been given full consid- eration by this Doard; and WHEREAS, this Hoard has determined that certain of the proposed text amendments are necessary to make the aforementioned Garfield County Zoning Resolution Consistent with Colorado statutes and to improve the efficiency and clarity of said Zoning Resolutions NOW THEREFQRE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this aoard on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby ie amended as follows, AMENDMENTS TO GARrIELD COUNTY ZONING RUSOLUTION ' The Garfield County Zoning Resolution shall be amended by the addition of a Section 9.02,03, which shall read as follows: Action h the Count CommLssinners: Upon receiving an appl cation or cond tion' al use permit and recom- mendation regarding public hearing from the Planning DivacLor, the County Commismioners shall either (1) grant the conditional use permit without conditiona, (2) provide the applicant with an opportunity for hear- ing, subsequent to which the County Comilissioners may grant or conditionally grant the conditional use rermit on such conditions as are deemed necessary to effect the purposes of this Rcnolution, or (3) schedule a public hearing upon the conditional use application, at which the applicant and interosted parties, including county representatives, will be provided sn opportunity to express their opinions regarding .uch application, sub- soquont to which public theuring the County Commissioners may gram:, or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this ResDlutian. A hearing shall be held no later than 30 days following the receipt of the Conditional Use Permit application unless such time in extended by the County Commissioners. The County Commissioners may refer a request for conditional use permit to the County Planning Commission for its review and recommendation. Public Notice shall be provided in accordance with the provisions of Sections 9.03.03(1) and (2), if public hearing held. The concurring vote of the majority of the County Commissioners shall be necessary to decide that the conditional use permit shall be conditionally granted upon specific conditions. The County Commissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decision, in writing, within fifteen (15) days following the public hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is conditionally granted, such decision shall include reasons for conditions imposed. The first clause of Section 9.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: A� licatito - All special use pensiit ,applications shall Se i e y the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Dir4ctoy for this purpose and shall consist of all infor- mation required of an application for a permit and sub- ject to all administrative procedures thereof plus the following: The number "7.02.03" contained in Section 9.04.02 of the Garfield County Zoning Resolution shell be amended to read "9.05.03". Section 10.04.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Lxcept for text amendments, notice of such public hearing shall also be sent by mail at least fifteen (15) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. section 11:00 of the Garfield County Zoning Resolution shall he -3- a 'At, Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Battlement Mesa PUD Zone District Regulations 1.0 RDR — Rural Density Residential. 1.1 Uses by right: Detached single-family dwellings and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the Rural Density Residential Zone District. 1.2 Uses, conditional: Church, school, community building , day nursery, fire station, and other public uses. 1.3 Uses special: Extraction and processing of natural resources. 1.4 Intensity of Use: A maximum of 1.0 dwelling unit per gross acre. 1.5 Minimum Lot Area: 12,500 square feet. 1.6 Maximum Site Coverage: For detached single-family dwellings, without common area as part of the plat at the time of subdivision, not more than 45% of each lot shall be covered by buildings and parking areas. For detached single-family dwellings with common open area as part of the plat at the time of subdivision, not more than 50% of the platted area shall be covered by buildings, parking areas, and private streets. 1.7 Minimum Setbacks: 1. Front Yard a. Arterial or Collector Street: i. No residential structures shall front on an arterial or collector street. ii. For all other uses, 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Local Street: i. For residential structures 50 feet from street centerline or 25 feet from the front lot line, whichever is greater. ii. For all other uses, 100 feet from street centerline or 50 feet from front lot line, whichever is greater. 21 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2. Rear Yard: 20 feet from rear lot line. 3. Side Yard: 10 feet form side lot line. On corner lots, the site yards ahil be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. 1.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 1.9 Minimum Off -Street Parking: 1. Two spaces per dwelling unit; 2. For all other uses, see Supplementary Regulations in Section 10.6. 1.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 3 1 P a g e *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82138, 88-449, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2.0 LDR — Low Density Residential 2.1 Uses by right: Detached single-family dwellings and attached single-family dwellings (either townhouses or zero -lot -line houses) and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the Low Density Residential Zone District. 2.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 2.3 Uses, special: Extraction and processing of natural resources. 2.4 Intensity of Use: A maximum of 5.0 dwelling units per gross acre. 2.5 Minimum Lot Area: For single-family detached dwelling, 7,500 square feet. 2. For townhouse attached single-family dwellings, 2,200 square feet. 3. For zero -lot -line attached single-family dwelling, 4,000 square feet. 2.6 Maximum Site Coverage: For detached and attached single-family dwellings without common area as part of the plat at time of subdivision, not more than 60% of each lot shall be covered by buildings and parking areas. For detached and attached single-family dwellings with common open area as part of the plat at the time of subdivision, not more than 70% of the platted area shall be covered by buildings, parking areas, and private streets. 2.7 Minimum Setbacks: Front Yard a. For single-family detached dwellings: i. Arterial or collector streets: no structure shall front on an arterial or collector street. ii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For zero -lot -line and townhouse attached single-family dwellings: 41 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Arterial or collector streets: no structure shall front on an arterial or collector street. Local Streets: 25 feet from front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 25 feet of common open space between the curb line and the lot line. c. For all other uses: i. Arterial or collector streets: 100 feet form street centerline or 50 feet from front lot line, whichever is greater. ii. Local Streets: 25 feet from front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 25 feet of common open space between the curb line and the lot line. 2. Rear Yard: a. For single-family detached dwellings 15 feet from the rear lot line. b. For zero -lot -line and townhouse attached single-family dwelling: i. 10 feet from rear lot line if no alleys or rear utility easements are provided. ii. No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken: a) 25 foot setback where there is a rear -facing garage. b) No setback for a side -facing garage. c) No setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet when adjacent to residential uses or 10 feet when not adjacent to residential uses. 3. Side Yard: a. For single-family detached 6 feet from side lot line. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet on one lot line and no setback on the opposite lot line. No accessory buildings shall be permitted within the required side yard. c. For townhouse attached single-family dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; 5 1 P a g e *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* the side yard shall be 15 feet when no automobile access is taken across the side yard. d. For all other uses: 10 feet from a side lot line or 25 feet for a side yard on a corner lot. 2.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 2.9 Minimum Off -Street Parking: 1. For single-family detached dwelling two spaces per unit. 2. For townhouses and zero -lot -line attached single-family dwellings two spaces per dwelling unit and '/z visitor space provided or in common community open space or a combination thereof. 3. For multiple -family dwelling one and one-half spaces per dwelling unit. 4. For all other uses: see Supplementary Regulation (Section 10.6). 2.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 1. For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. 2. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. 3. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 61 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3.0 MDR Medium Density Residential 3.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either attached or detached), zero -lot -line dwellings (either attached or detached), two- family and multiple -family dwellings, and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the MDR Zone District. 3.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 3.3 Uses, special: Extraction and processing of natural resources. 3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre. 3.5 Minimum Lot Area: 1. 600 square feet for townhouse dwellings. 2. 2,000 square feet for zero -lot -line dwellings. 3. 7,500 square feet for single-family detached and two-family dwellings. 4. 9,000 square feet for multiple -family dwellings. 3.6 Maximum Site Coverage: 1. For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings without common open area as part of the plat at the time of subdivision, not more than 70% of each lot shall be covered by buildings, drives and parking areas. For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings with common open area as part of the plat at the time of subdivision, not more than 80% of each lot shall be covered by buildings, drives and parking areas. 71 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2. For multiple -family dwellings, not more than 75% of the platted area at the time of the subdivision shall be covered by buildings, parking areas and streets. 3. A lot shall not be limited to one principal structure provided: a. The uses of each structure shall be allowed within the applicable zone district; b. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. c, The entire lot remains under one ownership. 3.7 Minimum Setbacks: 1. Front Yard a. For single-family detached dwellings and two-family dwellings: i. Arterial or Collector Streets: no structure shall front on an arterial or collector street. ii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For multiple -family dwellings: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater. c. For zero -lot -line and townhouse dwellings: i. No lot shall front on an arterial or collector street. ii. Local Streets: 20 feet Front Setback from the front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. d. For all other uses: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 81 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* a. For single-family detached dwellings, two-family dwellings and multiple -family dwellings 15 feet from the rear lot line. b. For zero -lot -fine and townhouse dwelling: L 10 feet from rear lot line if no alleys or rear utility easements are provided. ii. No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken across the rear yard: a) 25 foot rear setback where there is a rear -facing garage. b) No rear setback for a side -facing garage. c) No rear setback if there is at least 25 feet of common open space between the alley pavement and the lot line. For all other uses: 25 feet rear setback when adjacent to residential uses or 10 feet when not adjacent to residential uses. 3. Side Yard: a. For single-family detached, two-family and multiple -family dwellings 6 feet setback from side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet setback on one lot line and no setback on the opposite lot line. No accessory buildings shall be permitted within the required side yard setback. c. For townhouse dwellings, no side yards are required except for corner lot conditions. On corner lots, the side yard setback shall be 25 feet or at least 25 feet of common open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard setback shall be 15 feet or at least 15 feet of common open space between the curb line and the lot line when no automobile access is taken across the side yard. 3.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 3.9 Minimum Off -Street Parking: For single-family detached dwelling two spaces per unit. 2. For two-family dwellings two spaces per dwelling unit. 9 1 P a g e *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. For townhouses and zero -lot -line dwellings two spaces per dwelling unit provided on the lot or in common community open space or a combination thereof. 4. For multiple -family dwelling (1 '/2) spaces per dwelling unit. 5. For all other uses: see Supplementary Regulation (Section 10.6). 3.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. 2. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. 3. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 3.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82- 121) 1. An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted townhome lot, and shares one or more common property lines with a directly adjacent and abutting townhome lot, and shares one or more common building walls with said adjacent and abutting townhome dwelling, and extends from the lowest to the highest point of the building between said common walls. 2. A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which occupies and individual platted townhome lot and does not share any common property lines with any other townhome lot, and said townhome lot is surrounded by dedicated community common area. 3. An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zero -lot -line lot and shares one common building side wall with an adjacent lot zero -lot -line dwelling, and extends from the lowest to the highest point of the building between said common walls. 10 1 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4. A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies and individual platted zero -lot -line lot and does not share a common building side wall with an adjacent lot zero -lot -line dwelling. 11 Il'age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4.0 CAR — Central Area Residential 4.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either attached or detached), zero -lot -line dwellings (either attached or detached), two- family and multiple -family dwellings, and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the CAR Zone District. 4.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 4.3 Uses, special: Extraction and processing of natural resources. 2. Guest Suite within multi -family dwellings when in conformance with the requirements of the Garfield County Zoning Resolution, as amended, and the following additional provisions; a. Guest suites may be converted to long term use, provided long term tenants are advised of the guest suite use of other units in writing prior to signing of the least. b. Conversion of long term units (rental by the month) to guest suites may be allowed when the following conditions have been satisfied: i. Guest suites shall be concentrated within a single structure or grouping of structures located so as to minimize the possible conflicts between long term tenants and guest suite tenants. ii. Long term tenants located within a multifamily complex where common facilities such as, but not limited to, parking and access drives or recreation facilities shall be notified of the public hearing to review a Special Use Permit application in accordance to the procedures of the Garfield County Zoning Resolution, as amended. iii. All long term tenants occupying a unit designated for conversion to a guest suite as approved by the Special Use permit, shall be released from the terms of any verbal or written agreement requiring a minimum time period for the rental of the unit, and an alternate comparable unit made available to the tenant, and the expense of moving to an alternate unit in the area shall be paid by 12[Page This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* the lessor. Long term residents shall be allowed to reside in a building being converted into guest suites, if they so choose. iv. All long term tenants within a housing complex where certain common facilities (parking, drives, common recreation facilities, etc.) will be utilized by both long term and guest suite tenants shall, within 10 days of approval of the Special Use Permit be advised fo the guest suite use of other units and facilities, in writing. v. Management and maintenance response shall be available twenty- four hours per day. 4.4 Intensity of Use: For townhouse dwellings, zero -lot -line dwellings, tow -family and multiple - family dwellings, a maximum of20.0 dwelling units per gross acre. 2. For single-family detached dwellings, a maximum of 12.0 dwelling units per gross acre. 4.5 Minimum Lot Area: 1. 600 square feet for townhouse dwellings. 2. 2,000 square feet for zero -lot -line dwellings. 3. 7,500 square feet for single-family detached dwellings and two-family dwellings. 4. 20,000 square feet for multiple -family dwellings. 4.6 Maximum Site Coverage: For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings without common open area as part of the plat at the time of subdivision, not more than 70% of each lot shall be covered by buildings and parking areas. 2. For single-family detached dwellings, townhouse dwellings, zero -lot -line dwellings and two-family dwellings with common open area as part of the plat at the time of subdivision, not more than 80% of each lot shall be covered by buildings and parking areas. 131 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. For multiple -family dwellings, not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking and private streets. 4. A lot shall not be limited to one principal structure provided: a. The uses of each structure shall be allowed within the applicable zone district. b. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. c. The entire lot remains under one ownership. 4.7 Minimum Setbacks: 1. Front Yard Setback: a. For multiple -family dwellings: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater, U. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For zero lot -line and townhouse dwellings: i. No lot shall front on an arterial or collector street. ii. Local Streets: 20 feet setback from the front lot line, if there is a front -facing garage; or no front setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. c. For single-family detached dwellings and two-family dwellings: 1. Arterial or Collector Streets: no structure shall front on an arterial or collector street ii. Local Street: 20 feet setback form the front lot line, if there is a front -facing garage; or no front setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. d. For all other uses: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. 14 1 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* iii. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard Setback: a. For single-family detached dwellings, two-family and multiple -family dwellings, 15 feet from the rear lot line. b. For zero -lot -line and townhouse dwellings: L 10 feet setback from rear lot line if no alleys or rear utility easements are provided. ii. No rear setback is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken across the rear yard: a) 25 foot rear setback where there is a rear -facing garage. b) No rear setback for a side -facing garage. c) No rear setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet rear setback when adjacent to residential uses or 10 feet rear setback when not adjacent to residential uses. 3. Side Yard Setbacks: a. For two-family detached dwellings, two—family and multiple -family dwellings, 6 feet from side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet setback on one side lot line and no setback on the opposite side lot line. No accessory buildings shall be permitted within the required side yard. c. For townhouse dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard shall be 25 feet or at least 25 feet of common open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard shall be 15 feet or at least 15 feet of common open space between the curb line and the lot line when no automobile access is taken across the side yard. 4.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 151 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions, Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4.9 Minimum Off -Street Parking: For single-family detached dwellings, two-family dwellings, two (2) spaces per dwelling unit. 2. For zero -lot -line and townhouses dwellings, two (2) spaces provided on the lot or in common community open space or a combination thereof. 3. For multiple -family dwelling 1 % spaces per dwelling unit. 4. For all other uses: see Supplementary Regulation (Section 10.6). 4.10 Additional Re uirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. 2. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. 3. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 4.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82- 121) 1. An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted townhome lot, and shares one or more common property lines with a directly adjacent and abutting townhome lot, and shares one or more common building walls with said adjacent and abutting townhome dwelling, and extends from the lowest to the highest point of the building between said common walls. 2. A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which occupies and individual platted townhome lot and does not share any common property lines with any other townhome lot, and said townhome lot is surrounded by dedicated community common area. 3. An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zero -lot -line lot and shares one common building side wall with an adjacent lot zero -lot -line dwelling, and 161 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* extends from the lowest to the highest point of the building between said common walls. 4. A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies and individual platted zero -lot -line lot and does not share a common building side wall with an adjacent lot zero -lot -line dwelling. 171 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97108, 98-45, 2002.61, 2008-33* 5.0 MHR — Mobile Home Residential 5.1 Uses by right: Mobile and manufactured homes, single-family detached dwellings, and customary accessory uses, including buildings for the shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; day nursery; park. Mobile home parks, camper parks, recreational vehicle parks including park models and customary accessory uses, including buildings for the shelter of property and services accessory to mobile home, camper and recreational vehicle park purposes. Park models are recreational vehicles which are allowed to remain in the same location within a designated recreational vehicle park for an unrestricted period of time. Temporary real estate offices and model homes used only for the purpose of initial sales by the developer of the property located within the Mobile Home Residential Zone District. 5.2 Uses, conditional: Church, school, community building, Anil nursery fire station, and other public uses. 5.3 Uses, special: Extraction and processing of natural resources. 5.4 Intensity of Use: 1. A maximum of 9.0 mobile home units per gross acre. 2. A maximum of 18.0 recreational vehicles lots or spaces per gross acre. 5.5 Minimum Lot Area: 1. Single-family lot - 3,000 square feet 2. Recreational vehicle lot or space — 1, 500 square feet 5.6 Maximum Site Coverage: For single-family dwellings and mobile homes not more than 60% of each lot shall be covered by buildings and parking areas. For camper and recreational vehicle parks no maximum site coverage shall apply. No more than two (2) camper vehicles shall be allowed on any one mobile home space. 5.7 Minimum Setbacks: Minimum setbacks requirements of the adjacent zone district regulations shall be observed on the periphery of the mobile home park. 181 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 1. Front Yard a. Arterial or Collector Streets: no structure shall fornt on an arterial or collector street. b. Local Streets: 17 feet from the front lot line. 2. Rear Yard: 6 feet from the lot line. 3. Side Yard: 6 feet from the side lot line. On corner lots, the side yard shall be observed along the street with the longest lot line dimension. 4. Through Lots: Lots extending from one street to another paralleling street shall consider the street with the narrowest right-of-way as the front street for the purpose of calculating the front yard setback. The opposite yard shall be considered the rear yard if the provisions of Section 10.4 of the Supplemental Regulations have been satisfied. 5. Recreational Vehicle Lots: Recreational vehicle and camper lots and spaces shall be separated from single-family dwellings by a dedicated street right-of-way, a minimum 15 foot wide greenbelt or a rear yard. 5.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 5.9 Minimum Off -Street Parki Two spaces per dwelling unit. 2. For all other uses: see Supplementary Regulation (Section 10.6). 5.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 191 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82.121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 6.0 NC — Neighborhood Center 6.1 Uses by right: Retail commercial establishments not exceeding 15,000 square feet of building area for each principal use, including grocery, dry goods, hardware, bakery, liquor, drug, florist, books and similar uses. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays, which must be sited with limited vehicular access and service areas reasonably screened from public view, self-service storage facilities. Unmanned carwash facilities (coin operated self-service or automatic touch -free) with four or less wash bays and vacuum stations, which must be sited with limited vehicular access. 6.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 6.3 Uses, special: Extraction and processing of natural resources. 6.4 Intensity of Use: See general conditions under Supplementary Regulations. 6.5 Minimum Lot Area: 7,000 square feet. 6.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 201 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97.108, 98-45, 2002-61, 2008-33* 3. The entire lot remains under one ownership. 6.7 Minimum Setbacks: 1. Front Yard: a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 6.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 6.9 Minimum Off -Street Parking: 1. Retail commercial and personal service: One parking space per 200 square feet of floor area (except storage areas). 2. Office: One parking space per 300 square feet of floor area. 3. Gasoline Service Stations: Minimum of 4 spaces excluding service areas and service bays. 4. For all other uses: see Supplementary Regulation (Section 10.6). 6.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 211Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 7.0 OP — Office Park 7.1 Uses by right: Offices for business and professional uses; research facilities, testing laboratories, and facilities for the manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), within the principal building. 7.2 Uses. conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 7.3 Uses, special: Extraction and processing of natural resources. 7.4 Intensity of Use: See general conditions under Supplementary Regulations. 7.5 Minimum Lot Area: 7,500 square feet. 7.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 7.7 Minimum Setbacks: Front Yard a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot lime, whichever is greater. 221Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 7.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 7.9 Minimum Off -Street Parking: 1. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 2. Office and professional uses: One parking space per 300 square feet of floor area. 3. Personal service uses: one parking space per 200 square feet of floor area (except for storage area). 4. For all other uses: see Supplementary Regulation (Section 10.6). 7.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 23jPage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82.121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 8.0 BC Business Center 8.1 Uses by right: Retail, commercial establishments including grocery, dry goods, hardware, bakery, liquor, drug, florist, books, sporting goods, appliances, variety stores, department stores, automotive accessory parts, furniture, garden supply, animal feed, plant nursery outlets and similar uses. Personal service establishments including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks and similar uses. Offices for business and professional uses. Research facilities, testing laboratories, and facilities for the manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Churches, daycare centers and indoor theatres. Recreation facilities. Gasoline service stations with two or less service bays and without car washing facilities, which must be sited with limited vehicular access and service areas reasonably screened from public view. Motels, hotels, including eating and drinking establishments (which may include liquor). Multiple family dwellings when located above retail commercial, personal service or office uses. Public and semi-public uses as specified in this PUD. 8.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, ark gallery, museum, library. 8.3 Uses, special: Extraction and processing of natural resources. 8.4 Intensity of Use: See general conditions under Supplementary Regulations. 8.5 Minimum Lot Area: 7,500 square feet. 241 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 8.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 8.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 8.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 8.9 Minimum Off -Street Parking: 1. Retail commercial and personal service: One parking space per 200 square feet of floor are (except storage area). 2. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 3. Church or theatre: One parking space per three seats. 251Page 'This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4. Office and professional uses: One parking space per 300 square feet of floor area. 5. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 6. Motels and hotels: One parking space per motel or hotel unit. 7. Multi -family dwellings: One and one-half parking space per dwelling unit. 8. Gasoline Service Station: Minimum 8 spaces excluding service areas and service bays. 9. For all other uses: see Supplementary Regulation (Section 10.6). 8.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 261Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 9.0 PSR - Public, Semipublic, and Recreation 9.1 Uses by right: School sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreations uses, churches, community center, neighborhood community center, water, well sites, sewage treatment facilities, water treatment and storage facilities, and other public and private utility facilities and buildings. Community open space and parks, including hiking and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swimming pools, tennis courts, natural areas, archery, skeet shooting and similar uses. Golf course with clubhouse including eating and drinking facilities (which may include liquor); equestrian center. 9.2 Uses, conditional: Not applicable. 9.3 Uses, special: Extraction and processing of natural resources. 9.4 Intensity of Use: See general conditions under Supplementary Regulations. 9.5 Minimum Lot Area: None. 9.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 9.7 Minimum Setbacks: Front Yard a. Arterial Streets: 75 feet from street centerline or 25 feet from front lot line, whichever is greater. b. Collector Streets: 65 feet from street centerline or 25 feet from front lot line, whichever is greater. 271 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* c. Local Streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 9.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 9.9 Minimum Off -Street Parking: 1. Church, auditorium and public assembly: One space per 3 seats. 2. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 3. Church or theatre: One parking space per three seats. 4. Office and professional uses: One parking space per 300 square feet of floor area. 5. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 6. Motels and hotels: One parking space per motel or hotel unit. 7. Multifamily dwellings: One and one-half parking space per dwelling unit. 8. Gasoline Service Station: Minimum 8 spaces excluding service areas and service bays. 9. For all other uses: see Supplementary Regulation (Section 10.6). 9.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 281Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 10.0 SR Supplementary Regulations Division of the subject lands into land use areas and their related development standards will be as shown of the PUD map and as outlined by the preceding development standards. To further avoid problems of interpretation, the following listed supplementary regulations are included as part of the Planned Unit Development. Where the preceding general standards or the following supplemental regulations do not adequately described what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. 10.1 Land Use Types: The PUD map shows generally where within the PUD each type of use is located. The precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses Permitted: The principal uses for each land use area are listed as a part of the general development standards; however, any other building, structure or use which is similar to those enumerated and not more obnoxious or detrimental to the area in which it is located shall be permitted. 10.3 Intensity of Use: In any residential area defined on the PUD map, the net density in any given part of the subdivided area may exceed the gross density which would be permitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth above in the development standards. 10.4 Setbacks: The following yard requirements shall be observed in all zone districts: Through Lots: On lots extending form one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard adjacent to the fence shall be considered as a rear or side yard. Corner Lots: On residential lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both streets when automobile access is taken from the side street. Two -Family Dwellings: For purposes of setback calculations, a two-family dwelling shall be construed as one building occupying one lot. 291Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Attached single-family dwellings: For purposes of setback calculations, only those attached single-family dwellings which do not share a common wall with an adjacent attached dwelling need observe the required side yard setback for the district, providing building code requirements for this type of structure are observed. Projections: Every part of the required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features — 12 inches; food eaves — 18 inches; uncovered porches, slabs and patios, walks, steps, fences, hedges, and walls — no restriction; fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard or four (4) feet into any fornt or rear yard. Accessory Building in Required Rear Yard: An accessory building may be located in a required rear yard provided not more than forty (40) percent of the rear yard is covered. Such building shall observe a seven and one-half (7 1/2) foot setback from the rear lot line when there is not an adjacent alley. When there is an adjacent alley it shall observe a ten (10) foot setback form lot line. Fences and Screening: A fence, hedge, or wall may be located in any required yard provided no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall nay such structure exceed three (3) feet in height in any required front yard. No side yard or front yard hedge or fence is permitted on a corner lot adjacent to the street. 10.5 Maximum Building Height: For purposes of measuring the maximum building height, grade shall mean the original natural ground level or newly established elevation resulting from compacted fill so long as any regarded area does not exceed a four -to -ane slope between the ground level of any exterior building wall and adjacent lot line or property line. 10.6 Minimum Off -Street Parking: Each off-street parking space shall be not less than 8 feet wide and 18 feet long; shall be provided with vehicular access to a street or alley/ shall be surfaced with gravel, asphalt, concrete or equivalent; shall be properly drained; and shall be located within convenient walking distance of the principal building or use for which the parking space is provided. For either detached single-family dwellings or attached single-family dwellings, tandem spaces shall be permitted. 301 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Where an off-street parking space serves more than one use and peak times for parking are at different times of the day, such parking space may be included as part of the minimum requirements for each use. The following minimum parking requirements for permitted or similar (see Section 10.2) uses are: Churches, community buildings, fraternal lodges and auditorium: One space per 3 seats in the assembly space. 2. Schools, elementary and middle: One space per instruction area plus one space for each 4 seats in assembly areas (including gymnasiums). 3. High schools, colleges and universities: One space per instructional area (classroom, lab, gym) plus one space per 3 students accommodated in the institution. 4. Community buildings: One space per 3 seats of assembly area. 5. Athletic stadium: One space per 4 seats. 6. Recreation facilities: One space per 4 persons using the facility (figured at a maximum capacity use period). 7. Day care center: One space per classroom area and one space per 200 square feet of office space and a minimum of 6 spaces. 8. Police and fire stations: One space per 200 square feet excluding garage areas and a minimum of 4 spaces. 9. Library and museum: A minimum of 10 spaces plus one space per 200 square feet of office or administrative areas. 10.7 Modifications: In general, the proposed development standards for the Battlement Mesa planned Unit Development correspond closely to normal criteria of the Garfield County Zoning Resolution. In some cases, the Battlement Mesa standards are more limiting, while in others typical zoning regulations appear to be more restrictive. Wherever this last situation exists, the added flexibility of development with the PUD permits desirable variety and, in some situations, essential economies of construction and maintenance. Throughout the Planned Unit Development program, special attention will be 31 {Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* given to bordering private properties so that their values as established by existing Garfield County zoning standards will be maintained. In line with Garfield County zoning requirements that no portion of a PUD shall be used or occupied, otherwise than as was permitted immediately prior to the approval of rezoning as a PUD, until a subdivision plat for said portion is approved by the Board of County Commissioners of Garfield County, Battlement Mesa, Inc., recognizes the need to design and construct each phase according to all reasonable public interest. 10.8 See Modification of definitions in 3.11 and 4.11. 10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of any particular area more restrictive than this PUD would permit, by provisions on the subdivision plat, restrictive covenants, or provision in the deed. 10.10 Guest Suite A multi -family dwelling unit available for daily, weekly or other interim accommodations in return for a rental fee or other form of compensation and approved as such during the subdivision review process and/or special use permit review process. 321 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 11.0 Modifications of Subdivision Regulations The Planned Unit Development will conform to the Subdivision Resolutions of Garfield County, Colorado, adopted January 2, 1979, except as noted below or otherwise provided in this application and except as may be permitted by the Board of County Commissioners at the time of subdividing. The specific modifications set forth below are requested to better allow the developer to fulfill the previously stated purposed and objectives of this PUD. 11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed to continue to provide access to adjacent land not included in the PUD which presently have access through a public dedicated right-of-way. Adjacent privately owned land which does not presently have access of a public dedicated right—of-way through the area of the PUD will be provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the PUD will be provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the PUD will be provided access at the time of platting at the request of the public agency controlling the land. Dead-end streets may be designed with cul-de-sac head that meets the functional requirements of vehicular turning radii and snow storage; this design may vary from the 90 foot turnaround. Residential lots bordering arterial streets may be sided against the street as long as access to the lot is not from the arterial street. 11.2 Private Street (Sub. Req. 5.02.02}:_ Private streets may be used in areas within the PUD where through traffic is not desired and where pavement widths can be narrower than those required on public streets. In such cases, roadway widths of 20 to 24 feet may be used where the design considers traffic volumes, satisfactory off-street parking arrangements, planned snow storage areas, adequate site distances, reasonable gradients and turnarounds adequate for emergency vehicles. Furthermore in such cases for commercial, retail and office uses, setbacks of 15 to 25 feet may be used for front and side yards where the design considers the factors noted for roadway widths. At time of platting, the design, construction standards, maintenance responsibility nad policing arrangement will be presented. 11.3 Street Widths (Sub. Reg. 5.02.03): Public street widths proposed in the PUD will be determined by projected traffic volume, parking arrangements and other 331 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* factors at the time of platting. The range of requirements is proposed to be as follows: Street Type Arterial Collector Neighborhood or local Range of Dedicated Right -of -Way Width 80 to 100 feet 60 to 80 feet 40 to 60 feet Range of Roadway Width 40 to 72 feet 36 to 44 feet 24 to 36 feet 11.4 Grades, Curves, and Site Distances (Sub. Req. 5.02.04: Grades, curves, and sight distance will adhere to County standards except that variances may be requested at the time of platting for neighborhood, local, or other low volume traffic streets. 11.5 Relationship to Adjacent Siopes (Sub. Reg. 5.02.05: Cut -and -fill slopes are proposed to blend with the natural topography and may extend outside public dedicated street, rights-of-way providing revegetation requirements are met. 11.6 Sidewalks, Curb and Gutter (Sub. Req. 5.02.06: Sidewalk locations will be in accordance with the plat at the time of subdividing and will be sited so as to optimize pedestrian routes through open space to residential, educational and community facilities. Curb and gutter will be placed where necessary to direct storm drainage and where it would add to tease of road edge maintenance. Where a rural character is desired and storm drainage can be handled by ditch swales, curb and gutter may be eliminated. 11.7 Roadways (Sub. Req. 5.02.07: Roadways will conform in construction specifications, other than width, to County requirements. Design of roadway surface may vary from parabolic crown to inverted center pitch depending upon storm drainage requirements of various areas within the PUD. 11.8 Street Names and Signs (Sub Reg. 5.02.08): Street signs will conform to a uniform system of signs and graphics designed for the total PUD area. 11.9 Minimum Standards for Zero -Lot -Line and Townhouse Prolects: In zero -lot -line and townhouse projects the following minimum standards must be observed for either public or private streets: 1. A minimum of 20 feet of access drive and fire lane must be provided. 2. A minimum of 3 feet for sidewalks on each side of the access drive must be provided adjacent to the drive. 341 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. A minimum of 20 feet must be provided adjacent to one side of the access drive for utility easements which may incorporate the sidewalk area. 351 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Me Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Exis ting zon -ing Ba t tlem en t Mesa P UD AG L T RE Garfield Co un ty, CO RICU TU RE RURAL To Grand Jur, AGRICUL GRAPHIC SCALE 1000 0 500 1000 2000 4000 ( IN FEET ) 1 inch = 1000 ft. AMENDMENT TO BATTLEMENT MESA PUD John Lyons Family Partnership Annexation Prepared by: Stuart S. McArthur, Town Manager, Town of Parachute Mark Chain, Town Planner AMENDMENT TO BATTLEMENT MESA PUD Garfield County, Colorado January, 2017 Applicant — Town of Parachute SECTION 1 Application Forms & Related Documents Land Use Change Permit Application Permit Form Payment Agreement Form Letter of Authorization Pre -Application Conference Summary -- Garfield C"®andy - Community Development Department 108 8"' Street, Suite 401 Glenwood Springs, CO 816D1 (970)945-8212 www.garfleld-coutity.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF'APPLICATION ❑ Administrative Review ❑ in 100 -Year Floodplain _ ❑ Limited Impact Review ❑ _Development Development In 100 -Year Floodplain Variance (�❑ Major Impact Review ❑ Code Text Amendment ( ❑ Amendments to an Approved LUCP ❑LIR []MIR ❑5UP 6 Rezoning [3 Zone District[] PUD ff]PUD Amendment ❑ Minor Temporary Housing Facility ❑ Administrative Interpretation ❑ Vacation of a County Road/Public ROW ❑ Appeal of Administrative Interpretation ❑ Location and Extent Review ❑ Areas and Activities of State Interest _ ❑ Comprehensive Plan Amendment ❑ Major ❑ Minor ❑ Accommodation Pursuantto Fair Housing Act ❑ Pipeline Development ❑ Variance ❑ Time Extension (also check type of original application) INVOLV_ED,PARTI'ES -- ----_— — --- i oowner/Applicant Name: Town of Parachute Phone: ( 970 ) 285-7630 1 Mailing Address: PO BOX 100 City: Parachute state: CO Zip code: 81635 E-mail: StuartMc@parachutecolorado.com Representative (Authorization Required) Name: Mark Chain Phone: ( 970 ) 309-3655 Mailing Address: 811 Garfield Avenue City: Carbondale State: CO Zip code: 81623 E-mail: mchain@sopris.net PROJECT NAME AND LOCATION Project Name Battlement Mesa PUD Amendment Assessor's Parcel Number:___-_--_-- Physical/Street Address: NA Legal Description: Attached Zone District: PSR Property Size (acres): 48.125 Ac. PROJECT DESCRIPTION �•4 zr Existing Use: i'((�ArA /-14 . }_tit 1 PNE14MEIN P IC,4 7k,tw e..A.c,uit ii;t �i�3 t 5� Erstyl S EN Proposed Use (From Use Table 3-403): Description of Project: s-- 2.42d! CLS 64,y Pkat SD = U t=R.0 ?Amox L F 12Y` KAvb° F�ic323� g,✓ ✓a,u t?p L1-1 M2W4J V F iA 0. �G Iw Kit= P R �m A'tC1 M £M ME=SA- '?L& -�tJ11— sN ENj kC-VJew (1autn•tIZBJ� C :ion Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant Is requesting a Waiver of Standards per Section 4.118, List: Section: Section: Section: Section: I have read the t ments above and have provided the required attached information which is correct ate the best of my knowledge, Signat re of Property Owner IA66w"f Date USE ONLY File Number:__,__ ___,— Fee Paid: PARCEL ID #'S OF PROPERTIES ANNEXED INTO TOWN OF PARACHUTE FROM BATTLEMENT MESA PUD 2407-071-04-002 2407-074-00-009 2407-074-10-001 2407-074-00-010 2407-074-00-007 PARCEL ID #'S OF PROPERTIES ANNEXED INTO THE TOWN OF PARACHUTE FROM UNINCORPORATED GARFIELD COUNTY 2407-074-00-004 2407-074-00-006 2407-074-00-001 6SGM www.sgm-inc.com PROPERTY DESCRIPTION The following described properties as described in Reception No 713735 Parcel A A Parcel of land situated entirely within the Battlement Mesa, Inc. Property as recorded at Reception No. 408506, also being entirely within the Battlement Mesa P.U.D., also being located within NE1/4SE1/4 Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point on the North line of the SEI/4 of said Section 7 also being a point on the South line of River Bluff Subdivision, Filing 9 as recorded at Reception No. 352082 and a point on the Westerly line of Battlement Parkway as described at Reception No. 316729 from whence the Southeast corner of said Section 7 bears South 12°22'21" East a distance of 2732.12 feet, thence South 00°57'26" West along the Westerly line of said Battlement Parkway a distance of 624.34 feet to a point on the north line of River Bluff Subdivision, Filing 4 as recorded at Reception No. 344069, thence along the North line of said River Bluff Subdivision, Filing 4 North 88°59'40" West a distance of 196.68 feet; thence North 01'37'18" East a distance of 629.89 feet to a point on the North line of said SEI/4 Section 7, thence South 87°19'31" East along the South line of said SEI/4 Section 7 a distance of 189.46 to the point of beginning, Parcel B A Parcel of land situated entirely within the Battlement Mesa, Inc. Property as recorded at Reception No. 408506, also being entirely within the Battlement Mesa P.U.D., also being located within Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point on the easterly line of said Battlement Mesa, Inc. Property also being a point on the southwesterly line of the right-of-way for County Road 305 as described at Reception No. 49239 from whence the southeast corner of said Section 7 bears S33°39'42"E a distance of 3614.05 feet; thence the following three (3) courses along the southwesterly right-of-way for said County Road 305, S43"14'11 "E a distance of 55.74 feet; thence S34°04'07"E a distance of 107.02 feet; thence 815°35'44"E a distance of 66.56 feet to a point on the easterly line of said Battlement Mesa, Inc. Property; thence N72'1 9'16"W a distance of 13.56 feet to a point on the northerly line of the Gardner Parcel as described In Book 801 at Page 718; thence the following four (4) courses along the north, west and south lines of said Gardner Parcel, S79°47'18"W a distance of 24.89 feet; thence S37"23'26"W a distance of 100.52 feet; thence S06°07'27"W a distance of 83.52 feet; thence N88°4843"E a distance of 85.28 feet to a point on the easterly line of said Battlement Mesa, Inc. Property; thence the following six (6) courses along the easterly line of said Battlement Mesa, Inc. Property S10"11'l WE a distance of 50.84 feet; thence 244.26 feet along the arc of a non -tangent curve to the left having a radius of 1611.94 feet, a central angle of 08°40'56" and a subtending chord bearing S02'50'01 "E a distance of 244.03 feet; thence 331.22 feet along the arc of a compound curve having a radius of 270.10 feet, a central angle of 70"15'40" and a subtending chord bearing S42°18'19"E a distance of 310.85 feet to a point of non -tangency; thence S77°25'36"E a distance of 249.91 feet; thence S82°00'16"E a distance of 142.25 feet; thence N13°52'58"E a distance of 60.00 feet to a point on the west line of the NE1/4SE1/4 of said Section 7 also being the west line of the Mahaffey Parcel as recorded at Reception No. 545229; thence the following two (2) courses along the west and south lines of said Mahaffey Parcel, S01 *30'43"W a distance of 740.25 feet; thence S87°39'21 "E a distance of 409.70 feel to a point on the westerly line of River Bluff Subdivision, Filing 3 as recorded at Reception No. 344068; thence S08°00'25"E along said westerly boundary line of said River Bluff Subdivision, Filing 3 a distance of 110.24 feet to a point on the northerly right-of-way line for West Battlement Parkway as described at Reception No. 316729; thence the following two (2) courses along the northerly line of said West Battlement Parkway, 66.77 feet along the arc of a non -tangent curve to the right, having a radius of 450.00 feet, a central angle of 08°30'04" and a subtending chord bearing S70°59'58"W a distance of 66.71 feet; thence S75°15'00"W a distance of 337.46 feet; thence N19°52'07"W a distance of 112.88 feet; thence N33°3447'W a distance of 307.76 feet; thence N37°44'09"W a distance of 201.75 feet; thence N50"01'25'W a distance of 76.31 feet; thence 337.82 feet along the are of a curve to the left, having a radius of 240.00 feet, a central angle of 80`38'55" and subtending a chord bearing of S89"39'07'W a distance of 310.61 feet; thence S49"19'40'W a distance of 244.79 feel; thence S58"46'51'W a distance of 1312.37 feet to a point on the westerly line of said Battlement Mesa, Inc. Property; thence along the westerly line of said Battlement Mesa, Inc. Property the following two (2) courses, N23°11'55"E a distance of 380.79 feet; thence N09°57'50"E a distance of 230.56 feet to a point on the south line of River Bluff Subdivision, Filing 2 as recorded at Reception No. 344067; thence the following three (3) courses along the south and easterly lines of said River Bluff Subdivision, Filing 2, S87°39'21 "E a distance of 254.75 feet N37°01'04"E a distance of 210.13 feet; thence N10"10'23"E a distance of 550.00 feet to a point on the east line of the Wambolt Parcel as described in Book 733 at Page 844; thence the following two (2) courses along the easterly lines of said Wambolt Parcel, N01°06'12"E a distance of 485.33 feel; thence S88°24'36"E a distance of 83.00 feet; thence N53°18'25"E along a southeasterly line of the Wambolt Parcel and a southeasterly line of the Horbetz Subdivision a distance of 635.50 feet to the point of beginning. GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 GSGM www.sgm-inc.com Lott Block 1 River Bluff Filing 8 According to the plat thereof recorded July 22, 1983 as Reception No. 344071 Parcel D Lot 2 Block 1 Rapist of River Bluff Filing 9 According to the plat thereof recorded May 7, 1984 as Reception No. 352082 TOGETHER W ITH: The following described Property, as described in Reception No 713734 TOWNSHIP 7 SOUTH, RANGE 95 WEST, 6TH P.M. SECTION 7: ALL THAT PART OF NE1/4SE1/4 LYING SOUTH AND WEST OF COUNTY ROAD 305 COUNTY OF GARFIELD STATE OF COLORADO UNARM THAT CERTAIN TRACT OF LAND BEING A PART OF THE NE1/4SE1A OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH P.M., GARFIELD COUNTY, CO., HAVING BEEN PREVIOUSLY DESCRIBED IN BOOK 981 AT PAGE 741, GARFIELD COUNTY REAL PROPERTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS A RESULT OF SURVEY AS FOLLOWS: BEGINNING AT A 5/8" REBAR AND ALUMINUM CAP (LS 11643) FOR THE S. W. CORNER OF THE NE1/4SE1/4 OF SAID SECTION 7, FROM WHENCE A GARFIELD COUNTY BRASS CAP FOR THE N.W. CORNER OF SAID SECTION 7 BEARS N 42'29'59" W 5669.49 FEET; THENCE THE FOLLOWING 13 COURSES AND DISTANCES: 1, N 00"57' 25" E 686.50 FEET; 2. S 76°12'01" E 169.94 feet; 3. S 71`49' 04" E 73.81 FEET; 4. S 61"15' 49" E 80.62 FEET; 5. S 29°02' 04" E 85.63 FEET; 6. S 14"25' 53" E 55.57 FEET; 7. S 04'24'22" E 53.63 FEET; 8. S 02"14' 35" W 54.42 FEET; 9. S 03"46' 23" W 110.48 FEET; 10. S 05`28' 22" W 166.82 FEET; 11. S 01°25' 30" E 54.69 FEET; 12. S 10"21' 59" E 31.76 FEET; 13. N 87'39'22" W 358.91 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 Garfield County PAYMENT AGREEMENT FORM GARFIFLD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Town of Parachute agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Amendment to Battlement Mesa PUD 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs Involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are Incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee, If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Stuart McArthur Billing Contact Address: City: Parachute, CO Phone: ( (970) 285-7630 PO Box 100 - 222 Grand Valley Way 81635 State: CO zip Code: 81635 Billing contact email: StuartMC@parachutecolorado.com Printed Nam of Pe 1. horized to Sign: Q MAil iV�l� — 1I )2Z (Signature) (Date) TOWN OF i PARACHUTE January 9, 2018 STUART S. MCARTHUR TOWN MANAGER Tntejrity ° Resyert , 7'exout7o4c ^ Pri4a ^ fmW&tion - DiVaoitc� 222 GRAND VALLEY WAY' PARACHUTE, CO 81635 • (970) 285-7630 Garfield County Department of Community Development ATTN: David Pesnichak, Senior Planner 10g 8th Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT: BATTLEMENT MESA PUD AMENDMENT This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit a land use application for the above matter and act as representative for the application, This letter also authorizes Mark Chain to represent the Town of Parachute, as necessary, during any discussions with Garfield County staff at meetings during the land use review and hearing process. Sincerely Stuart S. McArthur Town Manager SSMc Garfield County Community Development Department 108 811 Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.1t.ii-fi'cld-coiiiitV.com TAX PARCEL NUMBER: 240707104002, 240707400009, 240707410001, 240707400010,240707400004, 240707400006, 240707400007, and 240707400001 DATE: 7/11/17 PROJECT: Battlement Mesa PUD Amendment OWNERIAPPLICANT: Town of Parachute REPRESENTATIVE: Mark Chain PRACTICAL LOCATION: Battlement Mesa PUD ZONING: Planned Unit Development (PUD) TYPE OF APPLICATION: PUD Amendment I. GENERAL PROJECT DESCRIPTION The applicant is requesting to modify the boundaries of the Battlement Mesa PUD. This request has been necessitated by an annexation of 8 parcels totaling 65.735 acres into the Town of Parachute. This annexation is generally located east of the current Town limits with access off County Road 300C/305 and are described as Parcel Number 240707104002, 240707400009, 240707410001, 240707400010, 240707400004, 240707400006, 240707400007, and 240707400001. In order to achieve the required 1/6 contiguity, the full 65.735 acres is to be annexed in two phases, one of 23.689 acres and one of 42.043 acres. No parcel boundaries are proposed to be impacted by the annexation. Three of the parcels are outside the Battlement Mesa PUD and are zoned Rural (Approx. 17.61 acres), while 5 of the parcels are within Battlement Mesa PUD and are zoned Public, Semi -Public, and Recreation (PSR) (Approx. 48.125 acres). The properties are owned by John and Jody Lyons, or the John Lyons Family Partnership, LLC. As is noted in the Annexation Impact Report the applicant has requested that all 65.735 acres be zoned Service Commercial once annexed into the Town. Location Map The properties are currently designated as Residential Medium High Density (2-6- acres per dwelling unit) for three of the parcels while five of the parcels are designated Residential High Density (1/3 — 2 acres per dwelling unit) within the Garfield County Comprehensive Plan. None of the parcels are identified as being with the Urban Growth Area for the Town. The Annexation Impact Report states that both County Road 300C and County Road 305 are proposed to be annexed along with the surrounding properties. As five of the eight parcels are within the Battlement Mesa PUD, this application is to amend the PUD boundaries to correspond to the new Town of Parachute boundaries. This application has been initiated by the Town and it is understood that the Town will be the applicant upon submittal. It is worth noting that removal of these parcels from the Battlement Mesa PUD will impact Battlement Mesa's ability to meet its requirement to have at least 25% open space. The PSR zone district is generally considered the open space zone district for the PUD. Currently, 38.94% of the PUD is zoned PSR and is counted toward this open space requirement (1203.44 acres of 3090.65 acres). Following annexation of these five parcels and amendment of the Battlement Mesa PUD, 37.97% of the PUD will be zoned PSR and available to meet the 25% open space requirement (1155.315 acres of 3042.325 acres). Regarding the proposed future zoning of Service Commercial, the County has received a letter from the Battlement Mesa Service Association indicating concerns regarding the proposed zoning within the Town and the extensive list of uses allowed within the Service Commercial District. No other changes to the PUD regulations, mapping, and related procedures or standards is anticipated. Based on the Battlement Mesa PUD Guide, the process for amending the PUD is outlined in the Garfield County Land Use Resolution of 1978 as adopted on January 2, min �'��iff� P� •A �I i 91 oI The properties are currently designated as Residential Medium High Density (2-6- acres per dwelling unit) for three of the parcels while five of the parcels are designated Residential High Density (1/3 — 2 acres per dwelling unit) within the Garfield County Comprehensive Plan. None of the parcels are identified as being with the Urban Growth Area for the Town. The Annexation Impact Report states that both County Road 300C and County Road 305 are proposed to be annexed along with the surrounding properties. As five of the eight parcels are within the Battlement Mesa PUD, this application is to amend the PUD boundaries to correspond to the new Town of Parachute boundaries. This application has been initiated by the Town and it is understood that the Town will be the applicant upon submittal. It is worth noting that removal of these parcels from the Battlement Mesa PUD will impact Battlement Mesa's ability to meet its requirement to have at least 25% open space. The PSR zone district is generally considered the open space zone district for the PUD. Currently, 38.94% of the PUD is zoned PSR and is counted toward this open space requirement (1203.44 acres of 3090.65 acres). Following annexation of these five parcels and amendment of the Battlement Mesa PUD, 37.97% of the PUD will be zoned PSR and available to meet the 25% open space requirement (1155.315 acres of 3042.325 acres). Regarding the proposed future zoning of Service Commercial, the County has received a letter from the Battlement Mesa Service Association indicating concerns regarding the proposed zoning within the Town and the extensive list of uses allowed within the Service Commercial District. No other changes to the PUD regulations, mapping, and related procedures or standards is anticipated. Based on the Battlement Mesa PUD Guide, the process for amending the PUD is outlined in the Garfield County Land Use Resolution of 1978 as adopted on January 2, 1979 including the zoning amendment adopted October 15, 1979. The above documents were adopted by Resolution No. 79-1 and 79-132 respectively. Excerpts from the County Resolutions are attached. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Applicable Sections of the Garfield County Land Use Resolution of 1978 are noted below (key sections are attached to the pre -application summary): • Section 4.00 Planned Unit Developments (4.00 through 4.12.04 inclusive) • Section 4.08 PUD Processing • Section 4.12 Enforcement and Modification of Provisions of the Plan • Section 10.00 Amendment • Section 10.02 Initiation • Section 10.02.03 Planned Unit Development • Section 10.03 Submittal • Section 10.04 Procedures Amendments adopted by Resolution No. 79-132 regarding Section 10.04.01 address public notice for amendments. The amended code increased the public notice publication requirement to 30 days prior to the public hearing and includes a mailing notice requirement 15 days prior to the public hearing to all property owners adjacent to the lot or lots subject to the proposed amendment. Applicant may consider completing additional courtesy noticing to additional property owners, posting of the property, newspaper advertisements and/or conducting community meetings. Section 10.02 of the Garfield County Zoning Resolution of 1978 indicates that "The following persons or officials may initiate amendments to this Resolution: Section 10.02.03: Planned Unit Development: All the owners of the real property to be included with the proposed Planned Unit Development. John and Jody Lyons and the John Lyons Family Partnership, LLC are owners of property within the PSR Zone District in the Battlement Mesa PUD. For the purposes of the PUD Regulations the County's General Plan is the Garfield County Comprehensive Plan 2030. III. PUD AMENDMENT REVIEW PROCESS 1. Pre -application Conference is recommended but not required. 2. Application Submittals 3. Completeness Review 4. Once Complete, referrals will be sent out 5. The Application shall be referred to the Planning Commission, The Commission will provide a recommendation within 60 days of the referral. The Planning Commission's meeting will be noticed as a public hearing. 6. Following the Planning Commission review a public hearing before the Board of County Commissioners will be scheduled. 7. Public Notice for the Planning Commission and Board of County Commissioner's hearings shall require publication of the time and place, at least one time in a newspaper of general circulation in the County, at least 30 days prior to the hearing. Except for text amendments, notice of such public hearings shall also be sent by mail at least 15 days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. The removal of properties from the PUD does require the public notice mailing. 8. The Board shall conduct the public hearing and render a decision on the request. 9. A resolution formalizing the Board's decision shall be prepared. 10. If an amendment is approved the PUD Guide and District Regulations and PUD Zoning Map shall be updated and recorded. IV. SUBMITTAL REQUIREMENTS ■ Application Form and Fees ■ Ownership Documentation (deed) showing the Applicant as an owner of properties within the PUD and the area proposed to be removed from the PUD. • Statement of Authority or Letter of Authorization, as necessary for the Applicant's Signatory on the Application. ■ Authorization to represent letter if another representative, Attorney or Planner will be representing the Applicant. • Payment Agreement Form. ■ Copy of the Pre -Application Conference Summary. • Vicinity Map, including the area proposed for the new zone district. ■ Current PUD Plan/Zoning Map showing overall PUD Zoning Districts and the affected parcels. ■ Proposed PUD Plan/Zoning Map showing the area proposed to be removed from the PUD. A legal description for the properties being removed shall be provided. ■ A copy of the Current PUD Regulations/Guide. ■ Any proposed amendments to the text of the PUD Regulations/Guide. • Supporting information and justification for the proposed amendments addressing relevant code provisions including but not limited to Sections: 4.02 Purposes and Objectives of Development, 4.06 Internal Compatibility of Planned Unit Developments, 4.07 Standards and Requirements (as applicable), and submittal requirements in Section 4.08, PUD Processing. (See attached code sections) ■ Statement or representations regarding general conformity with the Garfield County Comprehensive Plan. Submit three paper copies and one electronic copy (on CD or USB stick). Both the paper and digital copy should be split into individual sections. Additional paper copies will be requested upon determination of completeness including copies for the Planning Commission review. Please refer to the pre -application list for basic submittal requirements and to the Garfield County Zoning Resolution of 1978 for clarification on any additional submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Director's Decision (with notice – not a public hearing) X Planning Commission – referral for recommendation (to be noticed as a Public Hearing) X Board of County Commissioners – Public Hearing — Board of Adjustment c. Referral Agencies: May include Garfield County Oil and Gas Liaison, Garfield County Consulting Engineer, Garfield County Road and Bridge Department, Battlement Mesa Service Association, Battlement Mesa Metropolitan District, Battlement Mesa Oil and Gas Committee, Battlement Mesa Concerned Citizens, Battlement Mesa Company, Town of Parachute, Grand Valley Fire Protection District; and other entities as appropriate. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300 b. Referral Agency Fees: $ TBD – consulting engineer review fees c. Total Deposit: $ 300 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing bodies (Planning Commission and Board of County Commissioners). Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on the applicable zoning, which may be subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: / De SECTION 2 Application Background, Narrative and Supportive Information Introduction and Background Regional Location Map Responses to Code Sections related to PUD's Appendix A: Statement of Authority Appendix B: Revised Battlement Mesa PUD Zoning Map Appendix C: Annexation Maps Appendix D: Legal Description Appendix E: A list of Property Owners within 300 feet of Project. Appendix F: Deeds of Properties within Battlement Mesa PUD Appendix G: Battlement Mesa PUD Zoning Map — October 2016 1IPage SECTION 2 APPLICATION BACKGROUND, NARRATIVE AND SUPPORTIVE INFORMATION INTRODUCTION On behalf of John and Jody Lyons, the Town of Parachute respectfully requests to modify the boundaries of the Battlement Mesa Public Utility Development (PUD). This action is necessary because the Town annexed a total of 67.735 acres into the Parachute Municipal Boundaries in July 2017. A total of eight (8) parcels of land were annexed. All the properties are owned by John and Jody Lyons or the John Lyons Family Partnership, LLC. Five (5) of the parcels are located within Battlement Mesa PUD and have been zoned Public, Semi Public, and Recreation (PSR). These PSR zoned parcels total approximately 48.125 acres. The other three (3) parcels of land were located within Unincorporated Garfield County and not part of the PUD. Access to the parcels within the annexation is provided by County Road 300A. Garfield County wanted to ensure that these roads would be annexed into the Town and maintenance responsibility would no longer be a County function. Subsequent to the annexation, the Town vacated these county roads to the landowner. Another issue identified by the County is the ability of the Battlement Mesa PUD to continue to be able to meet its open space commitment of 25% of the total area. The PSR Zone District is the district that provides open space functions for the PUD. That zoning allows many uses, including recreation centers, parks, community centers and golf courses. The PUD retains nearly 38.0% of its area as PSR Zoning. An annexation Impact Report was prepared as per Colorado State Statute. The Garfield Board of County Commissioners reviewed the Annexation Impact Report and wrote a letter to the Town of Parachute dated June 12, 2017. In that letter, the BOCC made the following recommendations: • That the Town of Parachute is responsible for submitting an application to Garfield County to modify the boundaries of the Battlement Mesa PUD; • That the Town give weight to the opinions and input from the neighboring residents in Battlement Mesa and unincorporated Garfield County when considering the impacts of the future zoning and development of these parcels after annexation; • That the County supports the proposal to Annex County Road 300C and County Road 305 with the neighboring parcels. 21Page Actions Taken 1. The Town has applied to the Garfield County Community Development department to amend the boundaries of the Battlement Mesa PUD. 2. The Town, at the required Public Hearings, took testimony and gave consideration to all public input. This included residents within unincorporated Garfield County. The Town also accepted and considered testimony and a letter from the Battlement Mesa Service Association (BMSA) regarding the proposed zoning and list of uses allowed within the Service Commercial Zone District (zoning for the newly annexed property). As a condition of approval, the Town will carefully consider input from members of and representatives of the Battlement Mesa Service Association (BMSA) during the public review process for any development plan. 3. The Town annexed the County Roads. In the following sections of this application, the Town will address and respond to the Applicable County Code Sections identified in the Pre -application Conference Summary. These are sections 4.02, 4.06, 4.07, and 4.08 of the Garfield County Zoning Resolution effective in 1979. The Code Sections listed above are addressed due to requirements outlined in in the 6th Amended and Restated Battlement Mesa PUD Guide dated January 1, 2014. A Location Map and a Summary Chart listing of the individual properties and relevant background information is attached. PARCEL AND SUMMARY INFORMATION FOR LYONS ANNEXATION PROPERTIES Parcel ID # Deed # In BM PUD Unincorporated County Schedule # 240707104002 713735 (Parcel D) x R490003 240707400009 713735 (Parcel A x R470087 240707410001 713735 (Parcel C) x R470039 240707400010 713735(Parcel B) x R043902 240707400004 715434 x R270125 240707400006 739153 x R270444 240707400007 715434 x R270127 240707400001 713284 x R270040 3 1 P a g e RESPONSES TO APPLICABLE CODE SECTIONS OF THE COUNTY ZONING RESOLUTION 4.02 PURPOSES AND OBJECTIVES OF DEVELOPMENT The 1978 Zoning Resolution for Garfield County and amendments approved in 1979 outline the purposes and objectives related to the creation of Planned Unit Developments. Much of this information is taken directly from Colorado State Statute (CRS). Essentially, it is to provide for necessary commercial, recreational, industrial and residential land uses, to allow flexibility and to encourage innovations in development so that the growing demands of the population may be met. It also has standard statements about lessening the burden of traffic on streets and highways, conserving the value of land etc. The applicant in this case is amending the Battlement Mesa PUD notwith the intent of adjusting the uses allowed in any of the existing zone districts, changing development or dimensional criteria, or adding a new zone district. Specifically, The Amendment to the Battlement Mesa PUD has been requested by (required by) Garfield County because of recent land -use and approval actions undertaken by the Town of Parachute. The Town recently annexed eight separate parcels of land owned by John and Jody Lyons or the John Lyons Family Partnership LLC. Five of these parcels comprising approximately 48.125 acres are located within the Battlement Mesa PUD. An amendment to the PUD is required as part of the land use entitlement process. Garfield County is processing this PUD Amendment to see how the annexation to the Town of Parachute and the removal of some properties from the Battlement Mesa PUD effect the PUD and the immediately surrounding property. The Town does not see a negative effect on the PUD. No changes are being proposed to zoning text, no dimensional criteria or standards being changed. We also feel that the PUD is more than ample opportunity to ensure that it's Open Space requirement of 25% now and in the future. Please note that with the exception of Section 4.04 - Consistency with the Comprehensive Plan -the responses in this application for Amendment to the PUD focus on how the annexation affects the PUD the County. It does not necessarily focus on the advantages of the annexation of the various properties to the Town of Parachute itself. 4.04 CONSISTENCY WITH THE COMPREHENSIVE PLAN The Garfield County Comprehensive Plan 2030 designates the three (3) parcels that were located within unincorporated Garfield County as Residential Medium High Density (2 — 6 acres per dwelling unit). The five (5) parcels within the PUD are designated Residential High Density (1/3 to 2 acres per dwelling unit) Normally, the change in zoning, withdrawal of the PUD, or other land -use action in Garfield County requires a Land Use Change Permit and would be subject to an 41Page analysis which identifies that the changes are in conformance with and/or meet the goals, objectives and strategies of the County's Comprehensive Plan. In this particular case, we shall identify how the annexation of the eight (8) parcels helps the Town of Parachute meet their Comprehensive Plan goals and concepts. Town Annexation Plan. In Colorado, cities and towns are required to have an Annexation Plan in place for any annexations within a 3 -mile area of their municipal boundaries. The Town of Parachute currently considers the following documents to be part of their Annexation Plan. These documents are: Town of Parachute Comprehensive Plan dated 2015. • Zone District Map of the Town of Parachute • Any and all staff reports and minutes of relevant Planning Commission meetings. An annexation plan was adopted by the Town of Parachute in April 2017 and will consider the annual adopted in March 2018. Comprehensive Plan. During the annexation review process, staff looked to the Town's Comprehensive Plan for guidance. The Comprehensive Plan for Parachute is a comprehensive document that makes an effort to look at the health of the entire community — for example, it examines such issues as economic vitality, job creation, housing, general strengths and weaknesses, etc. The Plan endeavors to be more than just a land -use plan that addresses physical development. An entire section of the Comprehensive Plan (Section 5) is devoted to the concept of "Community Annexation". This includes a discussion of the fact that the Town and Battlement Mesa may have advantages if they were a single entity. Advantages would be economies of scale related to personnel and financial resources, physical infrastructure that is in place, political representation and support, improved access to grants and potential funding sources, etc. This annexation does nothing to prevent further integration of the two (2) communities and perhaps could be a jumping off point to more collaboration. The Comprehensive plan also recommends that an Annexation Agreement accompany the Annexation Petition. An Annexation Agreement was put together and approved by the Parachute Board of Trustees. The Agreement protects the Town in a number of perspectives, and can also provide a higher level of certainty related to access to services, land -use entitlements, and obligations for the owners of the property to be annexed. Comprehensive Plan Land Use designation. The annexed area is adjacent to and would be an extension of the area noted as "Downtown Parachute" in the Comprehensive Plan. See Map 4 of the Annexation Impact Report for more detail. The Mixed -Use Zone is anticipated to include commercial, retail and residential development — and most of these areas in the annexation are highly visible to travelers on the Interstate. A formal development plan has not been submitted at 5 1 P a g e this time. It was recommended that all development plans should be considered carefully in the context of the Mixed-use area as noted in the comprehensive plan. Economic Vitality and Goals of the Community. These were important components of the Comprehensive Plan 2015. A mixed-use development and elements of the Service Commercial Zone district provide flexibility to bring uses that do not presently exist for the Town and surrounding area. It should be noted that many of the intense land uses allowed in the Service Commercial Zone are uses that require a Special Use Review and will allow the Town to carefully analyze a proposal and prevent negative impacts from associated development of the property. The same protections are included in the Annexation Agreement. Comments regarding project location. The Comprehensive Plan also notes the desire of the Town to have greater River access and provide parks, access to the river, some residential development, and what is categorized as "riverfront mixed- use". The annexation of this property can help achieve the Town's goal of greater access to the river and realizing/developing some of these land use categories as identified in the Comprehensive Plan for the "Downtown area". 4.06 INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS There should be no adverse effect related to the criteria outlined in Section 4.06 above. Once again, no zone districts are being changed relative to their intent or purpose statement, uses listed, dimensional criteria or density. Compatibility between uses and zone district should not be affected. 4.07 STANDARDS AND REQUIREMENTS 4.07.01 PUD Rezoning and Findings The applicant (Town of Parachute) respectfully requests that the Board of County Commissioners (BoCC) review this Amendment to the Battlement Mesa PUD. We believe that inclusion of all areas of the Lyons annexation into Parachute is in the best interests of The Town. 4.07.02 Parking Parking standards within the PUD are not proposed to change. Parking for any of the Lyons parcels will be considered when a final Development Plan is submitted for review by the Town. 4.07.03 Site Plan Criteria 1) Appropriate Relationship to the Surrounding Area The PSR Zone District still has an appropriate relationship to the surrounding area. We assume that with the original approval of the Battlement Mesa PUD that there were no unreasonable adverse effects, and this should not change because of the withdrawal of 48.125 acres. 2) Internal Circulation System 6 1 P a g e No adverse effect to the PUD. Same street system exists and it should continue to be adequate. County Road 300C and County Road 305 have been annexed and primarily serve the Lyons property themselves. These roads were vacated by the Town to the Lyons'. 3) Parking — Providing Areas Adequate in Terms of Location, Area, Circulation, Safety Etc. Parking within the PUD proper is not being modified. Therefore, it should remain adequate in terms of location, circulation, convenience etc. 4) Common Open Space Common Open Space will remain adequate within the PUD. Only a small percentage of the PSR zone district is being removed and added to the Town. After removal of the Lyons parcels, 37.97% of the PUD is still included in the Public, Semi- public, and Recreation Zone District. This significantly exceeds the 25% Common Open Space requirement in the County Zoning Resolution and the LUCD 5) Variety in Housing Types/densities, Other Facilities and Common Open Space The PUD will still have sufficient variety in housing types and densities and related facilities. Inclusion into the Town of Parachute will help the Town meets its development, commercial, financial and economic diversification goals. 6) Adequate Privacy The proposed amendment does not change any privacy protections of other zone districts with the PUD. 7) Provide Pedestrian Ways adequate in Safety, Separation, Convenience etc. The PSR Zone District, after the removal of the 48.125 acre Lyons parcels, will still have adequate pedestrian ways related to safety, separation, convenience, and access to points of destination and attractiveness. 4.07.04 Building Heights The proposed Amendment to the PUD does not change the maximum height of buildings within any zone District of the PUD. 4.07.05 Minimum Lot Areas and Minimum Setback Restrictions This section of the County Zoning Resolution promotes flexibility by allowing flexible lot areas and setback restrictions in certain circumstances within a PUD. In this particular Amendment application, no changes are being made to any lot areas or setbacks within any PUD Zone District. 4.07.06 Overall Average Residential Density No adverse effect. The overall average residential density should not change due to the PUD amendment. The criterion is that residential density 71Page shall be no greater than four (4) dwelling units per gross acre within the PUD. Residential land uses are not allowed in the PSR Zone District. 4.07.07 PUD Area The PUD amendment does not violate the standard — "a PUD must be greater than 2 acres in size". The Battlement Mesa PUD is over 3,000 acres in size. 4.07.08 Permitted Uses within a PUD The Proposed PUD amendment does not include or add uses that do not exist in any other Zone District within Garfield County. 4.07.09 Common Open Space — 25% of total area in the boundary of PUD's The Proposed Amendment does not change the Common Open Space requirement within the PUD. There is an abundance of land within the PSR zone district to provide Common Open Space. 4.08 PUD PROCESSING 4.08.01 Approval of a PUD Constitutes a Zone District Amendment — BOCC Review and Approval (Disapproval and/or Conditional Approval) The approval of the PUD or a PUD Amendment is a Zone District Amendment and must be reviewed and a decision rendered by the BOCC. The Town requests favorable BOCC consideration 4.08.02 PUD Processing Separate from and in Advance of Subdivision This PUD Amendment is being processed under the County Zoning Resolution in effect for the Battlement Mesa PUD. No subdivision request for this property will be made to Garfield County. 4.08.03 Plan showing generally within the PUD each type of Use and Location With the exception of the removal of 48.125 acres of land, the precise location of all other zone districts (besides the PSR) and lots remains the same. 4.08.04 Uses and Dimensional Criteria — Approved by BOCC at such time areas zoned NA 4.08.05 Written Requirements 1) Statement of Ownership Interest As noted in the initial sections of the application including the Background Statement, parcels affected by withdrawal from the Battlement Mesa PUD annexed to the Town of Parachute are owned by John and Jodi Lyons or the John Lyons Family Partnership, LLC. Their statement of authority is included in the ownership documents section (Appendix A). 81Pagc 2) Broad Concept of Proposed Development A Revised Battlement Mesa PUD zoning map is included in Appendix B. 3) Regional Location Map A Location Map is included earlier in the Amendment Application. 4) Site Map A site map — the actual plats provided of the annexation area are included in Appendix C. The annexation maps show the boundaries, individual parcels and total acreage. 5) Site Topographic Map A Topographic Map is not included in the application documents. A topographic map will be included with any Development Plan submitted to the Town of Parachute. 6) Legal Description The legal description of the affected area is included in Appendix D. 7) Miscellaneous Requirements a) Explanation of Objectives NA. There are no objectives associated with the Lyons Parcels for the Battlement Mesa PUD. The Development and Community Objectives of the Battlement Mesa PUD Guide will not be changed. b) Development Schedule There is no development schedule for the Lyons parcels at this time. c) Copies of Special CCR's Copies of any special CCR's will be submitted to the Town of Parachute when a Development Plan is filed. d) List of owners of abutting properties within 300 feet A list of owners of property within 300 feet of the boundaries of the Lyons Parcels is included in Appendix E. e) Statement by License Engineer No additional engineering information is being provided for development within the Battlement Mesa PUD itself. A licensed land surveyor has prepared the Annexation Maps and the Revised Battlement Mesa PUD zoning map. f) Legal Access for ingress and egress Legal access for ingress and egress to the Lyons Properties are shown on the Annexation Maps. 91Page g) Evidence that the PUD has been designed with consideration of natural environment Evidence that the Battlement Mesa PUD was designed with consideration of the natural environment and the surrounding area and does not unreasonably destroy or displace approval wildlife, natural vegetation or unique natural or historical features occurred via of the with the original PUD Application 4.08.06 No Portion Used or Occupied until Final Subdivision Plat No portion of the PUD has been or will be used or occupied otherwise than as permitted. No additional occupation of the Lyons parcels will be made until proper land -use approvals or permits have been obtained. 4.08.07 Combining Public Hearings for Subdivision and Rezoning. NA 101 Page SECTION 3 Miscellaneous Documents Annexation Impact Report- May 2017 Excerpts RE: PUD Regulations from Applicable Zoning Resolution 6th Amended and Restated Battlement Mesa PUD Guide — January 2014 Annexation Impact Report John Lyons Family Partnership Annexation Presented to: Garfield County Board of County Commissioners May 25, 2017 Prepared by: Stuart S. McArthur, Town Manager, Town of Parachute (5/19/2017) John Lyons Family Partnership Annexation — 2017 11 P a g e TABLE OF CONTENTS CRS § 31-12-108.5. Annexation Impact Report — Requirements.................................................................. 3 AnnexationImpact Report Summary............................................................................................................4 Appendix A — Present Municipal Boundaries..............................................................................................11 Appendix B — Property to be Annexed........................................................................................................13 Appendix C— Comprehensive Planning Area — Downtown........................................................................14 Appendix D —John Lyons Family Partnership Annexation Maps................................................................15 John Lyons Family Partnership Annexation —2017 2 1 P a g e CRS § 31-12-108.5. Annexation Impact Report - Requirements (1) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31-12-108 and shall file one copy with the board of county commissioners governing the area proposed to be annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less in total area or when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Such report shall include, as a minimum: (a) A map or maps of the municipality and adjacent territory to show the following information: (1) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and (III) The existing and proposed land use pattern in the areas to be annexed; (b) A copy of any draft or final pre -annexation agreement, if available; (c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) A statement identifying existing districts within the area to be annexed; and (f) A statement on the effect of annexation upon local -public school district systems, including the estimated number of students generated and the capital construction required to educate such students. John Lyons Family Partnership Annexation — 2017 3 1 P a g e Annexation Impact Report — John Lyons Family Partnership Annexation As required by C.R.S. § 31-12-108.5, this Annexation Impact Report is being prepared concerning the proposed annexation of sixty-eight and 181/1000 (65.735) acres of property to the Town of Parachute. The property is owned by John and Jody Lyons and the John Lyons Family Partnership, LLC. Both parties are represented by John Lyons as the agent. One hundred percent (100%) of the property owners support this proposed annexation and are represented on the petition. On May 11, 2017, the Town of Parachute Board of Trustees considered the petition to annex and determined that the petition is in substantial compliance with State (Colorado) Statutes and set a public hearing to consider the annexation and zoning on June 15, 2017, at 6:30 p.m. The Town has received the application materials from Mr. Lyons for annexation. In addition, he is requesting that the property be zoned as Service Commercial within the Town. According to the Town's Development Code (15.02.155), a Service Commercial Zone District is intended to provide areas for wholesale and service commercial uses located near major highway intersections. Current zoning within the Battlement Mesa PUD is Public, Semi-public, and Recreational (PSR). The uses that currently exist in the PSR zone are schools, recreation center, golf course, county maintenance building, fire station, water & sewer plants, water pump stations, Battlement Mesa Company maintenance facility, and open space. To the extent required, the Town will apply to Garfield County to amend the Battlement Mesa PUD as it relates to the proposed annexation properties. Following is a map showing the current corporate limits and zoning for the Town (larger map for reference is provided in Appendix A). The map reflects that the zoning for the adjacent properties to the proposed annexation area is also Service Commercial. In addition, the planning area of the Town's Comprehensive Plan that the proposed annexation area would fit most closely would be Downtown. The following map depicts that Mixed Use is the best use of this planning area. John Lyons Family Partnership Annexation — 2017 4 1 P a g e The following map reflects the boundaries of the Town of Parachute in the vicinity of the proposed annexation: John Lyons Family Partnership Annexation — 2017 5 1 P a g e The present streets, major trunk water mains, sewer interceptors and outfalls, other utility Iines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation are reflected on the following pages. The area to be annexed is reflected above and is described below. • The John Lyons Family Partnership, LLC, properties lie east of the Town of Parachute and the Colorado River. It is accessed by County Road 300C which runs through the property and turns into County Road 305. The access is from County Road 300 (Battlement Parkway). The Battlement Mesa Golf Course is directly east of the property. The Willow Creek subdivision of the Battlement Mesa PUD is directly south of the property. • An Access and Utility Easement runs from County Road 300C/305 to the River Bluff Filing No. 2 of the Battlement Mesa PUD. This is the access for the Battlement Mesa Metropolitan District (BMMD) to get to their water wells on the property. This access will remain open for BMMD. • A 10' Public Service Easement runs through the property from County Road 300 to the buildings on the property. • A Utility Easement runs on the west side of Battlement Parkway along two (2) of the parcels. They belong to BMMD. Lyons Family Partnership Annexation — 2017 6 1 P a g e The proposed annexation area includes eight (8) separate parcels. Following is information for each parcel: Parcel ID Description 240707104002 Water Source: Lyons/Shopp well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & J Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707400009 Water Source: Lyons/Shopp well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & 1 Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707410001 Water Source: Lyons/Shopp well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & J Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707400010 Water Source: Lyons/Shopp well, for domestic and crop use Sewer Provider: None. Water Rights: J&J Pump & Pipe line, Jody's ditch, John's ditch, Lyons Pond, Lyons Slough 240707400004 Water Source: Lyons/ Shopp well on parcel, domestic, and crop plus state water rights. Sewer Provider: Two septic systems, one for office one for home & guest home. Water Rights: J&J Pump and Pipe line, Jody's ditch, John's ditch, Lyons Pond, Lyons Slough, Lyons/Shopp well. 24070740006 Water Source: Town of Parachute City municipal water Sewer Provider: Septic system close to home. Water Rights: J&J Pump and Pipe line, Jody's ditch, John's ditch, Lyons Pond, Lyons Slough, Lyons/Shop well. 240707400007 Water Source: Lyons/Shop well, for domestic and crop use permitted between 1945 and 1955 Sewer Provider: None. Water Rights: J & J Pump and Pipe line, Jody's ditch, John's ditch, and Lyons Pond, Lyons Slough 240707400001 Water Source: Town of Parachute City municipal water Sewer Provider: Septic System in location Water Rights: None John Lyons Family Partnership Annexation — 2017 7 1 P a g e The draft annexation maps depict the roads, easements, and other Information. County Roads 300C and 305 will be Included in the annexation area. The annexation will not alter any existing lot lines for the annexed parcels. The annexation maps depict separate annexation "areas" solely for the purpose of effectuating a serial annexation pursuant to C.R.S. 4 31-2-104(1)(a). Lyons Family Partnership Annexation -2017 g 1 P a g e John Lyons Pamlly Padnership Annexaiion Map No. 1 oTIr6tFTM.— _ wAeaa�to OvT0000ao Mamvalbnol RJ.6990 loll iwm ofPaccrula,Cdaaao. r �i�. z _.. ��ii �. � C • 24Ci � �E � _ jir�l� . avrvr— e d^J4L'�'�15..�' e _ Wax- bnlYm Poml ha Mp ,.3GM M yi MwMkn FYp No.l' M°P 1 bu6w`. Gbsb Lyons Family Partnership Annexation -2017 g 1 P a g e John Lyons Family Partnership Annexation —2017 9 1 P a g e John Lyons Family Parinenhip Annexation Map No. 2 .75 MMnOaOliol10112.O4J odO5IOIMIONT o1PdoCMIIO. COkIOdo. W1, o`,` �T,_ \\ wTrVJRTy^'_.��•'N(:.'Y.L`C=.�:.. AFL nic mm®a _ �{' _ :.w.aw rw. Muir M IpAn frau �rpmWp No.2 - _ 1 •"• Mm.oNan Na No.Mrcvofon Abp NWW John Lyons Family Partnership Annexation —2017 9 1 P a g e There is existing Town of Parachute municipal water service to a portion of the proposed annexation area. At the current time, there are no plans to extend additional service to or from the annexation area. The portion of CR300C within the proposed annexation area will be annexed into the Town. As a result, no financial plan needs to be prepared or identified. The proposed annexation area lies within several special districts: • Grand Valley Fire Protection District • Colorado River Conservation District • West Divide Water Conservancy District • Grand River Hospital District • Garfield County School District 16 • Colorado Mountain College • Parachute/Battlement Mesa Parks and Recreation District • Garfield County Public Library District • Battlement Mesa Metropolitan District (one parcel) Impact on Schools: No additional students are expected after annexation and the development of the annexed area as the intent is for commercial development. Impact on Police and Fire Protection Services: It is expected that the Town of Parachute Police Department and Grand Valley Fire Protection District will be able to adequately serve the annexation area with the existing department and district size. Impact on Traffic: It is possible for an increase in traffic on CR300A upon full development of the annexed area; however, at this time, only a portion of the property is planned for development with little expected increase in traffic. Utility Impacts: The Town of Parachute is capable of providing domestic and commercial water service to the proposed annexation area. At a point of full development, it is expected that the Petitioner will seek to obtain wastewater service from the Battlement Mesa Metropolitan District. Electric and natural gas service is available to the annexed area. Future Impacts: The Town of Parachute and the Petitioner will enter in an annexation agreement to adequately plan for and address impacts from future development at the time of development, including the collection of fees. The annexation agreement is not available at this time. John Lyons Family Partnership Annexation — 2017 10 1 P a g e ge I 131 Page 141 Po ge John Lyons Family Partnership Mneantion-3017 Is I P a g e John Lyons Family Partnership Annexation Map No. 1 E �.07pn]. I.i�.. . SW.p One on, P.M. _ Ga?M toth.To Oto Monnewibn olfJ.689 odes to itw tarn oiPaacl'ule. Cakrob. M. O IMFAL I I 0 ------------- s"raars-ems ---s�`•erl— r _ y'' _ {/ !B �-—�"'r)ar� •rrvnea4�� �mfWu.IM lua, ��1`�, 1_�� � John Lyman foal♦/ Pa aero _ 1 }k _i�s� „.,.us�ti-�. Pme.ogon M1bp No.l Mrovdion Mnp - c� i _ _ hMardeaf John Lyons Family Partnership Mneantion-3017 Is I P a g e lohn Lyans Famlly Partnership Mneutlon-201) 36 � P a 8 e -- - - — John Lyons Family Partnership Annexation Map No. 2 �ect on r 951'. Or 11Bill �.M. �'•'� caap �camaa yams aa Man •olion of 42.m1. the T..f P.W.,C d.. ^ m �•^� nal�.:3• T= Je' �C� �\ m-`taSY;n,�t�.arcbC'•-+.. .� _ _.. Wti c:w.•irusem_rc._.. ........., —___ .— `y z"sari i .x-' 41 Ar. mmMRsRv.= - s-..e .. e_ ��.. .�. ' .en .. I p�/V�M John gmsF�mlFyPmsrship e 1 AnrcaNlan MOP bsb•. deb 1 lohn Lyans Famlly Partnership Mneutlon-201) 36 � P a 8 e RESOLUTION HO. 80-82 RESOLUTION CONCERNED WITH THE APPLICATION OF BATTLEMENT MESA, INC., FOR AMENDMENT TO THE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT PLAN AND RESOLUTION OF AUGUST 14, 1975. WHEREAS, Battlement Mesa, Inc. has made application to the Board of County Commissioners of Garfield County, Colorado, for ap- proval andfan Resolutionamendment s of August 14. 1975, of- the e Battlement Mes& PBoard dapproving Unit asuch ent plan and establishing the uses permitted on the land as described in said Resolution in association with such plan, which amendment would modify the location and type of use, permitted in and by the Battle- ment Mesa Planned Unit Development; and WHEREAS, the Board has observed that the Resolution heretofore entered by this Board dated August 14, 1975, failed to provide therein for the specific uses permitted within the Battlement Mesa Planned Unit Development as required by Section 4.07.08 of the Garfield County Zoning Resolution; and WHEREAS, the Board has determined that the proposed amendment is consistent wish the efficient development and preservation of the entire planned unit development, does not effect in a substantailly adverse manner either the enjoyment of the land abutting upon or across the street from the planned unit development or the public interest', is not intended to solely to confer a special benefit upon any person, in accordance with the provisions of C.R.S. 1975, 624-67-106 i3)(b). and will further effect the intent of this Board in adopting ii is Reso- lution dated August 14, 1975, by which the Battlement Mesa Planned Unit Development was approved, and which was to have established the uses to be permitted in the lands described in Battlement Mesa Unit Planned Development; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Garfield County, Colorado: 1. That the modification of the Battlement Mesa Planned Unit Development Plan requested by Battlement Mesa, Inc. be and hereby is granted and approved, subject to the following conditions: a) That the school acreage figures as set forth in the plan be adjusted and modified, as the phases of the Planned Unit Development progress, as required to represent actual experience in terms of enrollments in the appropriate schools, and that additional land be designated and donated for school sites if the same is indicated by actual pupil census figures. b) That prior to final plat approval of any portion of the Planned Unit Development, evidence of ownership of suffi- cient water rights to provide to the planned unit develop- ment an adequate supoly of notable water to serve the needs of the proposed development for domestic and related usage. 5.0 W% �Xc�rd�"y Af ssnraor wconauo rj V t �2- cwnw of a„n.m re alar ......unp of N. meads c..my n.mM,d.nm Ur c Ind c..nw, nt..,.__......_.9...............................ilbll_AY. 1�'til ` MldrtN,[eua n:uw MCYnw..d9y,ingaan_.................�................... QQ, n. w... �.�....� ..,. .._......., Ihe..........�.......�....�...�....... daY.f .. ....i4ay. A.lrd y... Cpm.h liyc�a. Jblie ..�.�...�._.,..,........_........�..........ay.................... .............................._, e.,nmlm.nw ,r hot' A.._AgPianal.P..r..:?�:_........... ......._tianfY.$.P.x cK A9Jq.t..pumu............claxatm.a.r:d arn[rnt.,..y wSx Ne t.Lawlnp p:.eeeaAy,,,ma,p.N.. wn. 4d.,d done,.ex I: RESOLUTION HO. 80-82 RESOLUTION CONCERNED WITH THE APPLICATION OF BATTLEMENT MESA, INC., FOR AMENDMENT TO THE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT PLAN AND RESOLUTION OF AUGUST 14, 1975. WHEREAS, Battlement Mesa, Inc. has made application to the Board of County Commissioners of Garfield County, Colorado, for ap- proval andfan Resolutionamendment s of August 14. 1975, of- the e Battlement Mes& PBoard dapproving Unit asuch ent plan and establishing the uses permitted on the land as described in said Resolution in association with such plan, which amendment would modify the location and type of use, permitted in and by the Battle- ment Mesa Planned Unit Development; and WHEREAS, the Board has observed that the Resolution heretofore entered by this Board dated August 14, 1975, failed to provide therein for the specific uses permitted within the Battlement Mesa Planned Unit Development as required by Section 4.07.08 of the Garfield County Zoning Resolution; and WHEREAS, the Board has determined that the proposed amendment is consistent wish the efficient development and preservation of the entire planned unit development, does not effect in a substantailly adverse manner either the enjoyment of the land abutting upon or across the street from the planned unit development or the public interest', is not intended to solely to confer a special benefit upon any person, in accordance with the provisions of C.R.S. 1975, 624-67-106 i3)(b). and will further effect the intent of this Board in adopting ii is Reso- lution dated August 14, 1975, by which the Battlement Mesa Planned Unit Development was approved, and which was to have established the uses to be permitted in the lands described in Battlement Mesa Unit Planned Development; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Garfield County, Colorado: 1. That the modification of the Battlement Mesa Planned Unit Development Plan requested by Battlement Mesa, Inc. be and hereby is granted and approved, subject to the following conditions: a) That the school acreage figures as set forth in the plan be adjusted and modified, as the phases of the Planned Unit Development progress, as required to represent actual experience in terms of enrollments in the appropriate schools, and that additional land be designated and donated for school sites if the same is indicated by actual pupil census figures. b) That prior to final plat approval of any portion of the Planned Unit Development, evidence of ownership of suffi- cient water rights to provide to the planned unit develop- ment an adequate supoly of notable water to serve the needs of the proposed development for domestic and related usage. Governmental offices and health facilities (except auditorium and public assembly): -One space per 200 square feet of floor area (except storage area). Church: One parking space per three seats. Recreation facility: Parking shall be provided on the basis of one parking space par each four persons using the facility (figured at a maximum capacity use period). , 9.10 Additional, Re uironents: All uses shall be subject to the provisions under Section B. uPp ementary Regulations) and Section 11.0 (1•todificatio6s of Subdivision Regulations). 10.0 Supplementary Regulations �--� Division of the subject lands into land use Areas and their related develop- ment standards wi11 be as shown on the PUD map and as outlined by the Preceding' development standards. To further avoid problems of interpretation, the following listed supplementary regulations arc included as part of the Planned Unit Development, Where the preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. 10.1 Land Use T es: The PUD map shows generally where within the PUD each type o use s ocated. The precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses 0 t ated., The principal uses for each land use area are listed as a part of "tTie general development standards; however, any other building, structure or use which is similar to those enumerated and not more obnoxious or detrimental. to the area in which it is located shall be permitted. h!obile bachelor dwellings and modular bachelor dwellings shall include groupings or single room living units with common restroom facilities, community recreation space and central eating facilities, in place of rest - rooms, kitchens and larger living areas within each sbparate living unit, An attached single family dwelling is a building containing two or more single family dwelling units sharing one or two common side building walls. 10.3 intensity of Use: in any residential area defined on the PUB map, the net T-n-iityinn any given part of a subdivided area nnay exceed the gross density which would be permitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range or the applicable gross intensity of use set forth above in the daveiopment standards. -12- T-,. IL !i470'VT Rc�al�{,br C"IELD COUNTY ZONING RESOLUTION OF 1978 HOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO P.O. BOX 640 GLENWOOD SPRINGS, COLORADO Adopted 6 Enacted January 2, 1979 Effective January 2, 1979 This copy includes all amendments through: U January 2, 1979 Uses, conditional; allowed by permit only: indus.trial support facilities which would include: material handling,pumping facilities, electrical distribution warehouse facilities/ staging areas, fabrication areas, storage areas, water impoundments, access routes, utility lines, pipelines; extraction, processing, accessory uses to the above; mobile home as accessory use to ranch or farm operations. Church, community building; day nursery and school; studio for conduct of arts and crafts; home occupation. Uses, special: Utility airport, feedlot as principal use at the 'lot, camper park., hunting lodge; mineral waste disposal areas; public events. Minimum Lot Area: 2 acres. maximum Residential Lot Coverage: 15 percent. Required Setback, residentially: (1) Front yard: (a) arterial streets: 100 feet from street centerline or 75 feet from front lot line, whichever is greater; (b) local Ctreets: is fent from street centerline or 50 feet tram front lot line, whichavar is greater; (2) Rear yard: 125 feet; (3) side yard: 100 feet from side lot line or h the height of the principal building, whichever is greater. Required Setback, industrially: 100 feet from any property line. Maximum Hei ht of Residential Building: (not related to agriculture 25 feet. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regu- lations). 4.00 PLANNED UNIT DEVELOPMENTS 4.01 DEFINITIONS As used in this Planned Unit Development Section (here- after "section") the following definitions shall apply, unless the context otherwise requires: -24- 4.01.01 Common en S2ace. A parcel or parcels of land, an area o 0. water, or a combination of land and water within the site designated for a Planned Unit Develop- ment, designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the Planned Unit Development. 4.01.02 Plan. The provisions for development of a Planned Unit Development which may include, and need not be limited to, easements, covenants, and restrictions ralating to use, location, and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, Common Open Space, and other public facilities. "Provisions of the plan" means the written and graphic materials referred to in this definition. 4.01.03 Planned Unit Development. (hereinafter a PUD) An area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the Plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use reyulatiuns. 4.02 PURPOSES AND OBJECTIVES OF DEVELOPUF.NT PUDs may be approved by the County Commissioners for the following purposes and to achieve the following objectives of development: (1) To provide for necessary commercial, recreational, and educational facilities conveniently located to housing; (2) To provide for well located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities; (3) To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot by lot development in a manner which would distort the objectives of the zoning laws; (4) To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater -25- l 1 .. i variety in type, design, and layout of buildings and by the conservation and more bfficient use of opon space ancillary to said buildings; (5) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes; (6) To lessen the burden of traffic on streets and highways; (7) To encourage the building of new towns incorp- orating the best features of modern design; (8) To conserve the value of the land; (9) To provide a procedure which can relate the type, 'design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural charac- teristics; or (10) To encourage integrated planning in order to achieve the above purposes and objectives of development. 4.03 SCOPE Applications for Planned Unit Development zoning may be made for land located in any zoning district. 4.04 CONSISTENCY WITH THE GENERAL PLAN No PUD shall be approved unless it is found by the County Commissioners to be in general conformity with the County's general plan. ' 4.05 RELATIONSHIP TO 20NING AND SUBDIVISION 4.05.01 The Subdivision Regulations of Garfield County, as the same may be from time to time amended, and the provisions of this zoning Resolution, as the same may be from time to time amended, shall be applicable to PUDs insofar as said Regulations and Resolution are consistent with this section and with any specific zoning or subdivision requirements approved by the County Commissioners at the time of zoning or platting the PUD in question, but to the extent that said Regulations and Resolution are inconsistent herewith, they shall not be applicable and the provisions of this section shall control. -25- 4.05.02 It is recognized that the uniqueness of each proposal for a PUD requires that the specifications, standards and requirements for various facilities, including but not limited to, streets, highways, alleys, utilities, curbs, gutters, sidewalks, street lights, parks, play- grounds, school grounds, storm drainage, water supply and distribution, and sewage collection and treatment, may be subject to modification from the specifications, standards and requirements established in the Subdivision Regulations of Garfield County for like uses in other zone districts. The County Commissioners may, therefore, either at the time of zoning as a PUD or subsequently upon final platting under the Subdivision Regulations, as requested by the applicant, waive or modify the specifications, standards and requirements which would be otherwise applicable. l- 4.06 INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS It is recognized that certain individual land uses, regardless of their adherence to all the design elements provided for in this section, might not exist com- patibly with one another. Therefore, a proposed PUD shall be considered from the point of view of the rela- tionship and compatibility of the individual elements of the Plan, and no PUD shall be approved which contains incompatihle elements. 4.07 STANDARDS AND REQUIREMENTS 4.07.01 The County Commissioners may approve a proposed PUD rezoning upon a finding that it will implement the purposes of this section and will meet the standards and requirements set forth in this section. 4.07.02 The number of off-street parking spaces for each use in each PUD shall not be less than the requirements for like uses in other zoning districts, except that the County Commissioners may increase or decrease the required number of off-street parking spaces in con- sideration of the following factors: (1) estimated number of cars owned by occupants of dwelling in the PUD (2) parking needs of non -dwelling uses (3) varying time periods of use whenever joint use of common parking areas is proposed. 4.07.03 The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one or more -27- of them is not applicable or that a'practical solution has been otherwise sohieved: (1) The PUD shall have an appropriate relationship to the surrounding area, with unreasonable adverse effects on the surrounding area being minimized. (2) The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, con- venience and access. Private internal streets may be permitted provided that adequate access for police and fire protection is maintained. Bicycle traffic shall be provided for, if appropriate, when the site is used for residential purposes. (3) The PUD shall provide parking areas adequate in terms of location, area, circulation, safeL-y, con- venience, separation and screening. (4) The PUD shall provide Common open Space adequate in terms of location, area, and type of the Common Open Space, and in terms of the uses permitted in the PLD. The PUD shall strive for optimum preservation of the natural features of the terrain. (5) The DUD shall provide f -r varipf-y in housing types and densities, other facilities, and Conuuaa Open Space. (6) The PUD shall provide adequate privacy between dwelling units. �- (7) The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, access to points of destination and attractiveness. 4.07.04 The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed buildingi (1) Its geographical location; (2) The probable effect on surrounding slopes and mountainous terrain; (3) Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; (4) Potential problems for adjacent sites caused by shadows, loss of air circulation, or loss of view; -2B- (5) Influence on the general vicinity, with regard to extreme contrast, vistas, and open space; and (6) Uses within the proposed building. 4.07.05 The minimum lot areas and the minimum setback restric- tions may be decreased below and the maximum lot coverages may be increased above those applicable to like buildings in other zone districts to accommodate specific building types with unusual orientation on the lot or relationship between buildings. The averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain an acceptable building site. The clustering of development with usable common open areas shall be permitted to encourage provision for, and access to, common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providing for separate ownership of land and buildings. Architectural style of buildings shall not be a basis for denying approval of a PUD application. 4.07.05 The overs I I average residel,liai ,ieSis.iity bi, 11 be no greater than four dwelling units per gross acre within the PUD. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres within the boundary of the PUD. Averaging and trans- ferring of densities within the PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD to achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum per- mitted for a like use in other zone districts. 4.07.07 The mimimum number of acres that may comprise a PUD is two acres. 4.07.OB All uses which are permitted in any other zone district may be permitted in PUDs subject to the provisions of Section 4.06 hereof. without limiting the generality of the foregoing, the following uses, separate or in combination, may be permitted in PODS: (1) Single-family and multiple -family residential dwelling units in detached, semidetached, attached, -29- groups of attached, clustered or multistoried struc- tures, or any combination thereoft (2) Sale or rental of goods of services; (3) Recreational facilities; (4) Public and private offices; (5) Mobile home parks: (6) Convention facilities; (7) Restaurants; ( 1 (8) Public utilities and facilities; (9) Lodging places, including motels, hotels, lodges, and dormitoriest (10) Schools and other educational institutions; (11) Churches and hospitals; (12) Business and commercial uses; (13) industrial uses. The uses which shall be permitted in any particular PUD shall be those permitted by the resolution zoning the particular area PUD. r" 4.07.09 Twenty-five percent of the total area within the boundary of any PUD shall be devoted to Common Open Space; provided, however, that the County Commissioners may reduce such requirement if they find that such decrease is warranted by the design' of, and the amenities and features incorporated into, the Plan and that the needs of the occupants of the PUD for Common Opon Space can be met in the proposed PUD and the surrounding area. 4.08 PUD PROCESSItiG 4.08.01 The approval of a PUD constitutes a Zone District Amendment, and a PUD is established by rezoning an area in an existing zone district to PUD pursuant to the provisions of this Zoning Resolution and all applicable provisions of C.R.S. 1973, Title 30, Article 28 and Title 24, Article 67. The County Commissioners are hereby declared to be the board authorized to review PUD applications pursuant to C.R.S. 1973, 24-67104(1)(c). Each PUD application shall be reviewed and approved, -30- disapproved, or conditionally approved by the County Commissioners within 120 days of its initial filing. The approved PUD zoning and the approved PUD Plan are inseparable and a PUD shall not be established without the approval of the related PUD Plan. The approved PUD zoning and the approved PUD Plan together establish the uses permitted in lieu of the zone district regulations which were theretofore applicable. 4.08.02 An applicant shall process his application for PUD zoning under this Zoning Resolution separate from and in advance of his application or applications for sub- division platting under the Garfield County Subdivision Regulations. 4.08.03 The Plan shall show generally where within the PUD each type of use will be located and shall indicate the total acreage which will be devoted to each use. The precise location of each use and the location of lots, blocks or other parcels within each area devoted to each use shall be shown as that area is thereafter subdivided and platted in accordance with the Garfield County Subdivision Regulations. 4.08.04 The uses by right, conditional uses, minimum lot area, maximum lot coverage, minimum setbacks, maximum height of buildi_n.E , and all other use and oc='a,arcy restrictions applicable to any area zoned as PUD shall be those which are approved by the County Commissioners at the time such area is so zoned. 4.00.05 The applicant shall include with his written request for PUD zoning: C (1) A statement of the ownership interest in the property to be included in the PUD and the written consent of all of the owners; (2) A Plan indicating the broad concept of the pro- posed development. Such Plan shall indicate: (a) The maximum number of dwelling units proposed within the overall area; (b) The minimum acreage which will be dedicated to Common Open Space; (c) The type of uses proposed and the acreage devoted to each use; (d) Major internal circulation systems; -31- (e) The acreage which will be dedicated for school sites; (f) The general nature and location of commercial and industrial uses, if any, to be located in the PUD; (g) Provision for water, sewer, telephone, electricity, gas and cable television, if applicable; and (h) Other restrictions proposed by the applicant such as building setbacks, height limits, access requirements, and grade or slope restrictions to be applied to particular areas; (3) A regional location map showing the relationship of the site to connecting roadways, public facilities, commercial and cultural facilities, and surrounding land uses; (a) A site map illustrating site boundaries, acreage, existing structures and the existing zoning; (5) A site topographic map showing at least 51 contour intervals, major vegetation elements, streams, rivers, ditches and areas subject to 100 -year flooding; (F) A 1anol 0e4�r+.ptior of the area which the applicant wishes to include in the FUD; (7) A written statement containing the following information: (a) An explanation of the objectives to be achieved by the PUD; (b) A development schedule indicating the approximate dates when construction of the various stages of the PUD can be expected to begin and be completed; (c) Copies of any special covenants, conditions and restrictions, which will govern the use or occupancy of the PUD, provided, however, that the applicant may impose additional covenants, conditions and restrictions on any particular area in connection with the platting of such area; (d) A list of the owners of abutting properties located within 300 feet of the boundaries of the PUD and their addresses; -32- (e) A statement by a licensed engineer which shall provide evidence of the following: (i) The proposed water source adequate to service the PUD: (ii) The proposed method of sewage treatment; (iii) The general manner in which storm drainage will be handled; and (iV) The general manner in which provision will be made for any potential natural hazards in the area such as avalanche areas, landslide areas, flood plain areas, and unstable soils; (f) Easements showing vested legal access for ingress and egress from a public road to the PUD; and .(g) Evidence that the PUD has been designed with con- sideration of the natural environment of the site and the surrounding area and does not unreasonably destroy or displace wildlife, natural vegetation, or unique natural or historical features. The applicant may submit any other information or exhibits which hp Opems pertinent in. evaluaLirg ..ic pro;.cccd :UO. 4.08,06 Notwithstanding the rezoning of an overall area as PUD, no portion thereof shall be used or occupied otherwise than as was permitted immediately prior to the approval of such rezoning until a final subdivision plat for said portion shall have been approved by the County C...'' Commissioners as required by the subdivision Regulations of Garfield County. 4.08.07 Notwithstanding the provisions of Section 4.08.02 above, an applicant may elect to have the public hear- ings required by Section 3.06 0£ the Garfield County Subdivision Regulations and Section 10.04.01 of the Garfield County Zoning Resolution held simultaneously. In this event, notice of the time and place of such hearing shall be given in the manner prescribed by C.R.S 1973, Sections 30-28-110 and 24-67-104(1)(e) The Planning Commission and County Commissioners shall render their separate decisions as required by said Sections 3.06 and 10.04.01 respectively. 4.09 DEVELOPMENT IN STAGES 4.09.01 The applicant must begin development of the PUD within one year from the time of its final zone change approval; provided, however, that the PUD may be developed in -33- stages. The applicant must complete the development of each stage and of the POD as a whole in substantial compliance with the development schedule approved by the County Commissioners. 4.09.02 If the applicant does not comply with the time limits imposed by the preceding subsection, the County Com- missioners shall review the POD and may revoke approval for the uncompleted portion of the POD, or require that the POD be amended, or extend the time for completion of the POD. 4.09.03 Each stage within a Pun shall be so planned and so related to existing surrounding and available facilities and services that failure to proceed to a subsequent j stage will not have a substantial adverse impact on the POD or its surroundings. 4.09.04 If a POD contains nonresidential uses, they may be constructed in advance of residential uses if the County Commissioners find that such phasing is con- sistent with sound principles of ordered development and will have no substantial adverse effect on the quality or character of the POD. 4.10 MAINTENANCE, OF COMMON OPEN SPACE The Common Open Space of a POD may be owned and main- tained by the property owners within the POD or by an organization chosen therefrom or thereby. In the event that the organization established to own and maintain Common Open Space, or any successor organization, shall at any time after establishment of the POD fail to maintain the Common Open Space in reasonable order and condition in accordance with the Plan, the County Commissioners may serve written notice upon such organization or upon the residents of the POD setting forth the manner in which the organization has failed to maintain the Common open Space in reasonable con- dition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the County Commissioners may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 days or any ex- tension granted, the County Commissioners, in order to preserve the taxable values of the properties within the POD and to prevent the Common Open Space from -34- becoming a public nuisance, may enter upon said Common Open Space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the Common Open Space except when the same has been voluntarily dedicated to the public by the owners. Before the expiration of said year, the County Commissioners shall, upon their initia- tive or upon the written request of the organization theretofore responsible for the maintenance of the Common Open Space, call a public hearing upon notice to such Organization, or to the residents of the PUD, to be held by the County Commissioners, at which hearing such organization or the residents of the PUD shall show cause why such maintenance by the County Commis- sioners shall not, at the election of the County Com- missioners, continue for a succeeding year. If the County Commissioners shall determine that such organ- ization is ready and able to maintain said Common open Space in reasonable condition, the County Commissioners shall cease to maintain such Common Open Space at the end of said year. If the County Commissioners shall determine such organization is not ready and able to maintain said Common Open Space in a reasonable con- dition, the County Commissioners may, in their discretion, continue to maintain said Common open Space during the next succeeding year, and subject to a similar hearing and deterniiva L•iun, ill each yeni Li,cceal Lai. ilic etosL of such maintenance by the County Commissioners shall be assessed to and paid by the owners of properties within the PUD that have a right of enjoyment of the Common Open Space, and any unpaid assessments shall become a tax lien on said properties. The County Commissioners shall file a notice of such lien in the office of the Garfield County Clerk and Recorder upon the properties affected by such lien within the PUD and shall certify such unpaid assessments for collection,' enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes. 4.11 FEE The County Commissioners may establish a fee schedule for PUD applications to cover the costs of processing and review in addition to the fee required for pro- cessing other Zone District Amendments. 4.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN 4.12.01 The provisions of the Plan relating to the use of land and the location of Common Open Space shall run in -35- favor of the County and shall be enforceable in law or in equity by the County without limitation on any powers or regulation otherwise granted by law. 4.12.02 All provisions of the Plan shall run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the Plan and in ac- cordance with the terms of the Plan, and, to that extent, said provisions, whether recorded by plat, covenant, easement, or otherwise, may be enforced at law or in equity by such residents, occupants, or owners acting individually, jointly, or through an organization designated in the Plan to act on their behalf. 4.12.03 All those provisions of the Plan authorized to be enforced by the County may be modified, removed, or released by the County, subject to the following: Al) No modification, removal, or release of the pro- visions of the Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and (2) No substantial modifications, removal, or release of the provisions of the Plan by the County shall be pgrnittea excepL Upon a iiudiuy by Lhe CuuiLy, follow- ing a public hearing called and held in accordance with the provisions of C.R.S. 1973, 24-67-104, that the modification, removal, or release is consistent with the 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 a street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person. 4.12.04 Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the Plan, modify, remove, or release their rights to enforce the provisions of the Plan, but no such action shall affect the right of the County to enforce the provisions of the Plan. -3G- 10.00 AMENDMENT 10.01 CLASSIFICATION The County Commissioners may amend the boundaries or area of any district, or of or within such district or any other this Resolution. Amendments may be of following general classifications: number, shape, any regulation provision of one of the 10.01.01 Amendment to the text of this Resolutidn and not affect- ing the shape, boundaries or area of any district; such amendment shall be referred to hereinafter as a Text Amendment; 10.01.02 Amendment changing the zone district designation of a specific lot or lots to any other single district designation, such amendment shall be referred to here- inafter as a Zone District Amendment; 7.0.01.03 Amendment changing the zone district designation of a specific lot or lots from any zone district designation to a combination of zone district designations arranged to permit development of a Planned Unit Development; such amendment shall be referred to hereinafter as a Planned Unit Development, AmmndmPni:. 10.02 INITIATION The following persons or officials may initiate amend- ments to this Resolution: (, 10.02.01 Text Amendment:' Any owner of real property affected by suc a c ange, the County Commissioners or the Planning Commission; 10.02.02 Zone District Amendment: owners of real property located within t e area proposed to be subject to the zone district change, the County Commissioners, the Planning Commission; 10.02.03 Planned Unit Development: All the owners of the real property to be .ncluded with the proposed Planned Unit Development. 10.03 SUB14ITTAL Each landowner application for amendment shall be in the form of a written request to the County Commissioners identifying the applicant and clearly stating the nature of the proposed amendment and reasons in support of such change. -85- 10.03.01 An application for change in Zone District, or for a Planned Unit Development shall be accompanied by the Zone District Map of the subject property showing the property proposed for change, the use and owners of record of adjacent property, and any other information which may be noted thereon to explain the proposed amendments. 10.03.02 An application for a Planned Unit Development shall also be accompanied by a general development plan indicating the several zone district designations requested. 10.03.03 Fee far t4ap Amendment: For proposed amendments to an o£ is al Zone District Map, a fee of One Hundred Dollars ($100.00), payable to the County Treasurer, shall be charged to the applicant to cover the costs of processing. 10.04 PROCEDURES The County Commissioners shall refer each proposed amendment to the Planning Commission. The Planning Commission shall report its approval, disapproval, or recommendation to the County Commissioners within sixty (60) days of such referal of the proposed amendment by Lite CGUnty CommiS8iOnars aNcept as stated in CectiGn 4.08.01 of the Planned Unit Development provisions of this Resolution. 10.04.01 Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least ten (10) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least five (5) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. 10.04.02 Approved amendments to any Zone District Map shall be promptly entered on the appropriate sheet of the Zone District Map, and Planned Unit Developments shall be labeled as such. One copy of each approved application shall be retained in the records of the Building Official to insure that development proceeds in con- formance with the approved plans. 11.00 INTERPRETATION In their application and interpretation, the provisions of this Resolution shall be held to be minimum require- ments. This Resolution is not intended to repeal, _86- t!�Xc exeQ Fi v 0% Arpphe"(e It-ti71N �--� RE5OLUTION N0. 79-132 WHEREAS, on the 2nd day of January, 1979, this Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1, concerning a Zoning Resolution for the county of Garfield, State of Colorador and WHEREAS, this Board is authorized by the Provisions of C.R.S. 1973, 30-26-109 through 30-25-116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendments to the said Zoning Resolution, which were on file for public inspection in the Office of the Garfield County Clerk and Recorder for a period of thirty days beginning the 19th day of September, 1979; and WHEREAS, a public hearing was held on the 15th day of October, 1979, upon'the question of the adoption of the pro- posed text amendmentsr pursuant to public notice required by law; and WHEREAS, the public was, at such public hearing, given the opportunity to voice its opinions regarding the proposed text amendments, which opinions have been given full consid- eration by this Board; and WHEREAS, this Board has determined that certain of the proposed text amendments are necessary to make the aforementioned Garfield County Zoning Resolution consistent with Colorado statutes and to improve the efficiency and clarity of said Zoning ReselutiOnt NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows, AMENDMENTS TO GARPIGLD COUNTY ZONING RESOLUTION The Garfield County Zoning Resolution shall be amended by the addition of a Section 9.02.03, which shall read as follows: Action b the Count Commissionerst upon receiving an appl cation for conditional use permit and recom- mendation regarding public hearing from the Planning Director, the County Commissioners shall either (1) grant the conditional use permit without conditions. (2) provide the applicant with an opportunity for hear- ing, subsequent to which the County Commissionary may grant or conditionally grant the conditional use permit on such conditions as are deemed nsceasary to effect the purposes of this Resolution, or (3) schedule a public hearing upon the conditional use application, at which the applicant and interested parties, including county representatives, will be provided an opportunity to express their opinions regarding such application, sub- sequent to which public hearing the County Commissioners may grant, or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution. A hearing shall be held no later than 30 days following the receipt of the Conditional Use Permit application unless such time is extended by the County Commissioners. The county Co,mnissioner$ may refer a request for conditional use permit to the County Planning Commission for its review and recommendation. Public Notice shall be provided in accordance with the provisions of Sections 9.03.03(1) and (2), if public hearing held. The concurring vote of the majority of the County Commissioners ahali be necessary to decide that the conditional use permit shall be conditionally granted Upon specific conditions. The County Commissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decision, in writing, within fifteen (15) days following the public hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is conditionally granted, such decision shall include reasons for conditions imposed. The first clause of Section 9.03.01 of the Garfield County Zoning Resolution shall be amended to read as tallows: Vliecatio�n: All special use permit applications shall filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all infor- mation required of an application for a permit and Sub- ject to all administrative procedures thereof plus the following: The number 117.02.03" contained in Section 9.04.02 of the Garfield County Zoning Resolution shall be amended to read "9.05.03". section 10.04.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least thirty (3D) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least fifteen (15) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. Section 11:00 of the Garfield County Zoning Resolution shall he -3- no, 4,ik,i �AW.4 -. - � MP, Nw Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Battlement Mesa PUD Zone District Regulations 1.0 RDR — Rural Density Residential. 1.1 Uses by right: Detached single-family dwellings and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the Rural Density Residential Zone District. 1.2 Uses, conditional: Church, school, community building , day nursery, fire station, and other public uses. 1.3 Uses, special: Extraction and processing of natural resources. 1.4 Intensity of Use: A maximum of 1.0 dwelling unit per gross acre. 1.5 Minimum Lot Area: 12,500 square feet. 1.6 Maximum Site Coverage: For detached single-family dwellings, without common area as part of the plat at the time of subdivision, not more than 45% of each lot shall be covered by buildings and parking areas. For detached single-family dwellings with common open area as part of the plat at the time of subdivision, not more than 50% of the platted area shall be covered by buildings, parking areas, and private streets. 1.7 Minimum Setbacks: 1. Front Yard a. Arterial or Collector Street: i. No residential structures shall front on an arterial or collector street. ii. For all other uses, 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Local Street: i. For residential structures 50 feet from street centerline or 25 feet from the front lot line, whichever is greater. ii. For all other uses, 100 feet from street centerline or 50 feet from front lot line, whichever is greater. 21 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2. Rear Yard: 20 feet from rear lot line. 3. Side Yard: 10 feet form side lot line. On corner lots, the site yards ahll be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. 1.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 1.9 Minimum Off -Street Parking: 1. Two spaces per dwelling unit; 2. For all other uses, see Supplementary Regulations in Section 10.6. 1.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 31 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2.0 LDR — Low Density Residential 2.1 Uses by right: Detached single-family dwellings and attached single-family dwellings (either townhouses or zero -lot -line houses) and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the Low Density Residential Zone District. 2.2 Uses. conditional: Church, school, community building, day nursery, fire station, and other public uses. 2.3 Uses, special: Extraction and processing of natural resources. 2.4 Intensity of Use: A maximum of 5.0 dwelling units per gross acre. 2.5 Minimum Lot Area: For single-family detached dwelling, 7,500 square feet. 2. For townhouse attached single-family dwellings, 2,200 square feet. 3. For zero -lot -line attached single-family dwelling, 4,000 square feet. 2.6 Maximum Site Coverage: For detached and attached single-family dwellings without common area as part of the plat at time of subdivision, not more than 60% of each lot shall be covered by buildings and parking areas. For detached and attached single-family dwellings with common open area as part of the plat at the time of subdivision, not more than 70% of the platted area shall be covered by buildings, parking areas, and private streets. 2.7 Minimum Setbacks: Front Yard a. For single-family detached dwellings: i. Arterial or collector streets: no structure shall front on an arterial or collector street. ii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For zero -lot -line and townhouse attached single-family dwellings: - 41 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Arterial or collector streets: no structure shall front on an arterial or collector street. Local Streets: 25 feet from front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 25 feet of common open space between the curb line and the lot line. c. For all other uses: Arterial or collector streets: 100 feet form street centerline or 50 feet from front lot line, whichever is greater. ii. Local Streets: 25 feet from front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 25 feet of common open space between the curb line and the lot line. 2. Rear Yard: a. For single-family detached dwellings 15 feet from the rear lot line. b. For zero -lot -line and townhouse attached single-family dwelling: L 10 feet from rear lot line if no alleys or rear utility easements are provided. ii. No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken: a) 25 foot setback where there is a rear -facing garage. b) No setback for a side -facing garage. c) No setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet when adjacent to residential uses or 10 feet when not adjacent to residential uses. 3. Side Yard: a. For single-family detached 6 feet from side lot line. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet on one lot line and no setback on the opposite lot line. No accessory buildings shall be permitted within the required side yard. c. For townhouse attached single-family dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; 51 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* the side yard shall be 15 feet when no automobile access is taken across the side yard. d. For all other uses: 10 feet from a side lot line or 25 feet for a side yard on a corner lot. 2.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 2.9 Minimum Off -Street Parkinq: For single-family detached dwelling two spaces per unit. For townhouses and zero -lot -line attached single-family dwellings two spaces per dwelling unit and'/2 visitor space provided or in common community open space or a combination thereof. 3. For multiple -family dwelling one and one-half spaces per dwelling unit. 4. For all other uses: see Supplementary Regulation (Section 10.6). 2.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 61 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3.0 MDR Medium Density Residential 3.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either attached or detached), zero -lot -line dwellings (either attached or detached), two- family and multiple -family dwellings, and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the MDR Zone District. 3.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 3.3 Uses, special: Extraction and processing of natural resources. 3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre. 3.5 Minimum Lot Area: 1. 600 square feet for townhouse dwellings. 2. 2,000 square feet for zero -lot -line dwellings. 3. 7,500 square feet for single-family detached and two-family dwellings. 4. 9,000 square feet for multiple -family dwellings. 3.6 Maximum Site Coverage: 1. For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings without common open area as part of the plat at the time of subdivision, not more than 70% of each lot shall be covered by buildings, drives and parking areas. For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings with common open area as part of the plat at the time of subdivision, not more than 80% of each lot shall be covered by buildings, drives and parking areas. 71 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2. For multiple -family dwellings, not more than 75% of the platted area at the time of the subdivision shall be covered by buildings, parking areas and streets. 3. A lot shall not be limited to one principal structure provided: a. The uses of each structure shall be allowed within the applicable zone district; b. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. c. The entire lot remains under one ownership. 3.7 Minimum Setbacks: 1. Front Yard a. For single-family detached dwellings and two-family dwellings: i. Arterial or Collector Streets: no structure shall front on an arterial or collector street. ii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For multiple -family dwellings: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater. c. For zero -lot -line and townhouse dwellings: i. No lot shall front on an arterial or collector street. ii. Local Streets: 20 feet Front Setback from the front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. d. For all other uses: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 81 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* a. For single-family detached dwellings, two-family dwellings and multiple -family dwellings 15 feet from the rear lot line. b. For zero -lot -line and townhouse dwelling: i. 10 feet from rear lot line if no alleys or rear utility easements are provided. ii. No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken across the rear yard: a) 25 foot rear setback where there is a rear -facing garage. b) No rear setback for a side -facing garage. c) No rear setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet rear setback when adjacent to residential uses or 10 feet when not adjacent to residential uses. 3. Side Yard: a. For single-family detached, two-family and multiple -family dwellings 6 feet setback from side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet setback on one lot line and no setback on the opposite lot line. No accessory buildings shall be permitted within the required side yard setback. c. For townhouse dwellings, no side yards are required except for corner lot conditions. On corner lots, the side yard setback shall be 25 feet or at least 25 feet of common open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard setback shall be 15 feet or at least 15 feet of common open space between the curb line and the lot line when no automobile access is taken across the side yard. 3.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 3.9 Minimum Off -Street Parking: For single-family detached dwelling two spaces per unit. 2. For two-family dwellings two spaces per dwelling unit. 91 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* For townhouses and zero -lot -line dwellings two spaces per dwelling unit provided on the lot or in common community open space or a combination thereof. 4. For multiple -family dwelling (1 '/2) spaces per dwelling unit. 5. For all other uses: see Supplementary Regulation (Section 10.6). 3.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 3.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82- 121) An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted townhome lot, and shares one or more common property lines with a directly adjacent and abutting townhome lot, and shares one or more common building walls with said adjacent and abutting townhome dwelling, and extends from the lowest to the highest point of the building between said common walls. A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which occupies and individual platted townhome lot and does not share any common property lines with any other townhome lot, and said townhome lot is surrounded by dedicated community common area. An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zero -lot -line lot and shares one common building side wall with an adjacent lot zero -lot -line dwelling, and extends from the lowest to the highest point of the building between said common walls. 101 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4. A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies and individual platted zero -lot -line lot and does not share a common building side wall with an adjacent lot zero -lot -line dwelling. 111Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33` 4.0 CAR — Central Area Residential 4.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either attached or detached), zero -lot -line dwellings (either attached or detached), two- family and multiple -family dwellings, and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the CAR Zone District. 4.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 4.3 Uses, special: Extraction and processing of natural resources. Guest Suite within multi -family dwellings when in conformance with the requirements of the Garfield County Zoning Resolution, as amended, and the following additional provisions; a. Guest suites may be converted to long term use, provided long term tenants are advised of the guest suite use of other units in writing prior to signing of the least. b. Conversion of long term units (rental by the month) to guest suites may be allowed when the following conditions have been satisfied: i. Guest suites shall be concentrated within a single structure or grouping of structures located so as to minimize the possible conflicts between long term tenants and guest suite tenants. ii. Longterm tenants located within a multifamily complex where common facilities such as, but not limited to, parking and access drives or recreation facilities shall be notified of the public hearing to review a Special Use Permit application in accordance to the procedures of the Garfield County Zoning Resolution, as amended. iii. All long term tenants occupying a unit designated for conversion to a guest suite as approved by the Special Use permit, shall be released from the terms of any verbal or written agreement requiring a minimum time period for the rental of the unit, and an alternate comparable unit made available to the tenant, and the expense of moving to an alternate unit in the area shall be paid by - 121 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33" the lessor. Long term residents shall be allowed to reside in a building being converted into guest suites, if they so choose. iv. All long term tenants within a housing complex where certain common facilities (parking, drives, common recreation facilities, etc.) will be utilized by both long term and guest suite tenants shall, within 10 days of approval of the Special Use Permit be advised fo the guest suite use of other units and facilities, in writing. v. Management and maintenance response shall be available twenty- four hours per day. 4.4 Intensity of Use: For townhouse dwellings, zero -lot -line dwellings, tow -family and multiple - family dwellings, a maximum of20.0 dwelling units per gross acre. 2. For single-family detached dwellings, a maximum of 12.0 dwelling units per gross acre. 4.5 Minimum Lot Area: 600 square feet for townhouse dwellings. 2. 2,000 square feet for zero -lot -line dwellings. 3. 7,500 square feet for single-family detached dwellings and two-family dwellings. 4. 20,000 square feet for multiple -family dwellings. 4.6 Maximum Site Coverage: For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings without common open area as part of the plat at the time of subdivision, not more than 70% of each lot shall be covered by buildings and parking areas. For single-family detached dwellings, townhouse dwellings, zero -lot -line dwellings and two-family dwellings with common open area as part of the plat at the time of subdivision, not more than 80% of each lot shall be covered by buildings and parking areas. 131 Page 'This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. For multiple -family dwellings, not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking and private streets. 4. A lot shall not be limited to one principal structure provided: a. The uses of each structure shall be allowed within the applicable zone district. b. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. c. The entire lot remains under one ownership. 4.7 Minimum Setbacks: Front Yard Setback: a. For multiple -family dwellings: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For zero lot -line and townhouse dwellings: No lot shall front on an arterial or collector street. ii. Local Streets: 20 feet setback from the front lot line, if there is a front -facing garage; or no front setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. c. For single-family detached dwellings and two-family dwellings: i. Arterial or Collector Streets: no structure shall front on an arterial or collector street ii. Local Street: 20 feet setback form the front lot line, if there is a front -facing garage; or no front setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. d. For all other uses: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. 141 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* ill. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard Setback: a. For single-family detached dwellings, two-family and multiple -family dwellings, 15 feet from the rear lot line. b. For zero -lot -line and townhouse dwellings: i. 10 feet setback from rear lot line if no alleys or rear utility easements are provided. ii. No rear setback is required where alleys or utility easements are provided and no automobile access is allowed. ill. Where automobile access is taken across the rear yard: a) 25 foot rear setback where there is a rear -facing garage. b) No rear setback for a side -facing garage. c) No rear setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet rear setback when adjacent to residential uses or 10 feet rear setback when not adjacent to residential uses. 3. Side Yard Setbacks: a. For two-family detached dwellings, two—family and multiple -family dwellings, 6 feet from side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet setback on one side lot line and no setback on the opposite side lot line. No accessory buildings shall be permitted within the required side yard. c. For townhouse dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard shall be 25 feet or at least 25 feet of common open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard shall be 15 feet or at least 15 feet of common open space between the curb line and the lot line when no automobile access is taken across the side yard. 4.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 151 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4.9 Minimum Off -Street Parking: For single-family detached dwellings, two-family dwellings, two (2) spaces per dwelling unit. 2. For zero -lot -line and townhouses dwellings, two (2) spaces provided on the lot or in common community open space or a combination thereof. 3. For multiple -family dwelling 1 '/2 spaces per dwelling unit. 4. For all other uses: see Supplementary Regulation (Section 10.6). 4.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. 3. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 4.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82- 121) An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted townhome lot, and shares one or more common property lines with a directly adjacent and abutting townhome lot, and shares one or more common building walls with said adjacent and abutting townhome dwelling, and extends from the lowest to the highest point of the building between said common walls. 2. A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which occupies and individual platted townhome lot and does not share any common property lines with any other townhome lot, and said townhome lot is surrounded by dedicated community common area. 3. An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zero -lot -line lot and shares one common building side wall with an adjacent lot zero -lot -line dwelling, and 161 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* extends from the lowest to the highest point of the building between said common walls. 4. A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies and individual platted zero -lot -line lot and does not share a common building side wall with an adjacent lot zero -lot -line dwelling. 171 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 5.0 MHR — Mobile Home Residential 5.1 Uses by right: Mobile and manufactured homes, single-family detached dwellings, and customary accessory uses, including buildings for the shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; day nursery; park. Mobile home parks, camper parks, recreational vehicle parks including park models and customary accessory uses, including buildings for the shelter of property and services accessory to mobile home, camper and recreational vehicle park purposes. Park models are recreational vehicles which are allowed to remain in the same location within a designated recreational vehicle park for an unrestricted period of time. Temporary real estate offices and model homes used only for the purpose of initial sales by the developer of the property located within the Mobile Home Residential Zone District. 5.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 5.3 Uses, special: Extraction and processing of natural resources. 5.4 Intensity of Use: A maximum of 9.0 mobile home units per gross acre. A maximum of 18.0 recreational vehicles lots or spaces per gross acre. 5.5 Minimum Lot Area: Single-family lot - 3,000 square feet 2. Recreational vehicle lot or space —1, 500 square feet 5.6 Maximum Site Coverage: For single-family dwellings and mobile homes not more than 60% of each lot shall be covered by buildings and parking areas. For camper and recreational vehicle parks no maximum site coverage shall apply. No more than two (2) camper vehicles shall be allowed on any one mobile home space. 5.7 Minimum Setbacks: Minimum setbacks requirements of the adjacent zone district regulations shall be observed on the periphery of the mobile home park. 181 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Front Yard a. Arterial or Collector Streets: no structure shall fornt on an arterial or collector street. b. Local Streets: 17 feet from the front lot line. 2. Rear Yard: 6 feet from the lot line. 3. Side Yard: 6 feet from the side lot line. On corner lots, the side yard shall be observed along the street with the longest lot line dimension. 4. Through Lots: Lots extending from one street to another paralleling street shall consider the street with the narrowest right-of-way as the front street for the purpose of calculating the front yard setback. The opposite yard shall be considered the rear yard if the provisions of Section 10.4 of the Supplemental Regulations have been satisfied. 5. Recreational Vehicle Lots: Recreational vehicle and camper lots and spaces shall be separated from single-family dwellings by a dedicated street right-of-way, a minimum 15 foot wide greenbelt or a rear yard. 5.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 5.9 Minimum Off -Street Parkinq: Two spaces per dwelling unit. For all other uses: see Supplementary Regulation (Section 10.6). 5.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 191 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 6.0 NC — Neighborhood Center 6.1 Uses by right: Retail commercial establishments not exceeding 15,000 square feet of building area for each principal use, including grocery, dry goods, hardware, bakery, liquor, drug, florist, books and similar uses. Personal service establishments not exceeding 5,000 square feet of {wilding area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays, which must be sited with limited vehicular access and service areas reasonably screened from public view, self-service storage facilities. Unmanned carwash facilities (coin operated self-service or automatic touch -free) with four or less wash bays and vacuum stations, which must be sited with limited vehicular access. 6.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 6.3 Uses, special: Extraction and processing of natural resources. 6.4 Intensity of Use: See general conditions under Supplementary Regulations. 6.5 Minimum Lot Area: 7,000 square feet. 6.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 201 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. The entire lot remains under one ownership. 6.7 Minimum Setbacks: 1. Front Yard: a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 6.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 6.9 Minimum Off -Street Parking: 1. Retail commercial and personal service: One parking space per 200 square feet of floor area (except storage areas). 2. Office: One parking space per 300 square feet of floor area. 3. Gasoline Service Stations: Minimum of 4 spaces excluding service areas and service bays. 4. For all other uses: see Supplementary Regulation (Section 10.6). 6.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 211Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 7.0 OP — Office Park 7.1 Uses by right: Offices for business and professional uses; research facilities, testing laboratories, and facilities for the manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), within the principal building. 7.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 7.3 Uses, special: Extraction and processing of natural resources. 7.4 Intensity of Use: See general conditions under Supplementary Regulations. 7.5 Minimum Lot Area: 7,500 square feet. 7.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: The uses of each structure shall be allowed within the applicable zone district. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 7.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. 221 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 7.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 7.9 Minimum Off -Street Parking: 1. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 2. Office and professional uses: One parking space per 300 square feet of floor area. 3. Personal service uses: one parking space per 200 square feet of floor area (except for storage area). 4. For all other uses: see Supplementary Regulation (Section 10.6). 7.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 231 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 8.0 BC Business Center 8.1 Uses by right: Retail, commercial establishments including grocery, dry goods, hardware, bakery, liquor, drug, florist, books, sporting goods, appliances, variety stores, department stores, automotive accessory parts, furniture, garden supply, animal feed, plant nursery outlets and similar uses. Personal service establishments including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks and similar uses. Offices for business and professional uses. Research facilities, testing laboratories, and facilities for the manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Churches, day-care centers and indoor theatres. Recreation facilities. Gasoline service stations with two or less service bays and without car washing facilities, which must be sited with limited vehicular access and service areas reasonably screened from public view. Motels, hotels, including eating and drinking establishments (which may include liquor). Multiple family dwellings when located above retail commercial, personal service or office uses. Public and semi-public uses as specified in this PUD 8.2 Uses. conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 8.3 Uses. special: Extraction and processing of natural resources. 8.4 Intensity of Use: See general conditions under Supplementary Regulations. 8.5 Minimum Lot Area: 7,500 square feet. 241 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 8.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 8.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 8.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 8.9 Minimum Off -Street Parking: 1. Retail commercial and personal service: One parking space per 200 square feet of floor are (except storage area). 2. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 3. Church or theatre: One parking space per three seats. 251 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Office and professional uses: One parking space per 300 square feet of floor area. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 6. Motels and hotels: One parking space per motel or hotel unit. 7. Multi -family dwellings: One and one-half parking space per dwelling unit. 8. Gasoline Service Station: Minimum 8 spaces excluding service areas and service bays. 9. For all other uses: see Supplementary Regulation (Section 10.6). 8.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 261 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 9.0 PSR - Public, Semipublic, and Recreation 9.1 Uses by right: School sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreations uses, churches, community center, neighborhood community center, water, well sites, sewage treatment facilities, water treatment and storage facilities, and other public and private utility facilities and buildings. Community open space and parks, including hiking and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swimming pools, tennis courts, natural areas, archery, skeet shooting and similar uses. Golf course with clubhouse including eating and drinking facilities (which may include liquor); equestrian center. 9.2 Uses. conditional: Not applicable. 9.3 Uses, special: Extraction and processing of natural resources. 9.4 Intensity of Use: See general conditions under Supplementary Regulations. 9.5 Minimum Lot Area: None. 9.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 9.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 75 feet from street centerline or 25 feet from front lot line, whichever is greater. b. Collector Streets: 65 feet from street centerline or 25 feet from front lot line, whichever is greater. 271 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* c. Local Streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 9.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 9.9 Minimum Off -Street Parking: Church, auditorium and public assembly: One space per 3 seats. 2. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 3. Church or theatre: One parking space per three seats. 4. Office and professional uses: One parking space per 300 square feet of floor area. 5. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 6. Motels and hotels: One parking space per motel or hotel unit. 7. Multi -family dwellings: One and one-half parking space per dwelling unit. 8. Gasoline Service Station: Minimum 8 spaces excluding service areas and service bays. 9. For all other uses: see Supplementary Regulation (Section 10.6). 9.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 281Paga *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 10.0 SR Supplementary Regulations Division of the subject lands into land use areas and their related development standards will be as shown of the PUD map and as outlined by the preceding development standards. To further avoid problems of interpretation, the following listed supplementary regulations are included as part of the Planned Unit Development. Where the preceding general standards or the following supplemental regulations do not adequately described what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. 10.1 Land Use Types: The PUD map shows generally where within the PUD each type of use is located. The precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses Permitted: The principal uses for each land use area are listed as a part of the general development standards; however, any other building, structure or use which is similar to those enumerated and not more obnoxious or detrimental to the area in which it is located shall be permitted. 10.3 Intensity of Use: In any residential area defined on the PUD map, the net density in any given part of the subdivided area may exceed the gross density which would be permitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth above in the development standards. 10.4 Setbacks: The following yard requirements shall be observed in all zone districts: Through Lots: On lots extending form one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard adjacent to the fence shall be considered as a rear or side yard. Corner Lots: On residential lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both streets when automobile access is taken from the side street. Two -Family Dwellings: For purposes of setback calculations, a two-family dwelling shall be construed as one building occupying one lot. 291 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Attached single-family dwellings: For purposes of setback calculations, only those attached single-family dwellings which do not share a common wall with an adjacent attached dwelling need observe the required side yard setback for the district, providing building code requirements for this type of structure are observed. Projections: Every part of the required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features — 12 inches; food eaves — 18 inches; uncovered porches, slabs and patios, walks, steps, fences, hedges, and walls — no restriction; fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard or four (4) feet into any fornt or rear yard. Accessory Building in Required Rear Yard: An accessory building may be located in a required rear yard provided not more than forty (40) percent of the rear yard is covered. Such building shall observe a seven and one-half (7'/z) foot setback from the rear lot line when there is not an adjacent alley. When there is an adjacent alley it shall observe a ten (10) foot setback form lot line. Fences and Screening: A fence, hedge, or wall may be located in any required yard provided no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall nay such structure exceed three (3) feet in height in any required front yard. No side yard or front yard hedge or fence is permitted on a corner lot adjacent to the street. 10.5 Maximum Building Height: For purposes of measuring the maximum building height, grade shall mean the original natural ground level or newly established elevation resulting from compacted fill so long as any regarded area does not exceed a four -to -one slope between the ground level of any exterior building wall and adjacent lot line or property line. 10.6 Minimum Off -Street Parking: Each off-street parking space shall be not less than 8 feet wide and 18 feet long; shall be provided with vehicular access to a street or alley/ shall be surfaced with gravel, asphalt, concrete or equivalent; shall be properly drained; and shall be located within convenient walking distance of the principal building or use for which the parking space is provided. For either detached single-family dwellings or attached single-family dwellings, tandem spaces shall be permitted. 301 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Where an off-street parking space serves more than one use and peak times for parking are at different times of the day, such parking space may be included as part of the minimum requirements for each use. The following minimum parking requirements for permitted or similar (see Section 10.2) uses are: 1. Churches, community buildings, fraternal lodges and auditorium: One space per 3 seats in the assembly space. 2. Schools, elementary and middle: One space per instruction area plus one space for each 4 seats in assembly areas (including gymnasiums). 3. High schools, colleges and universities: One space per instructional area (classroom, lab, gym) plus one space per 3 students accommodated in the institution. 4. Community buildings: One space per 3 seats of assembly area. 5. Athletic stadium: One space per 4 seats. 6. Recreation facilities: One space per 4 persons using the facility (figured at a maximum capacity use period). 7. Day care center: One space per classroom area and one space per 200 square feet of office space and a minimum of 6 spaces. 8. Police and fire stations: One space per 200 square feet excluding garage areas and a minimum of 4 spaces. 9. Library and museum: A minimum of 10 spaces plus one space per 200 square feet of office or administrative areas. 10.7 Modifications: In general, the proposed development standards for the Battlement Mesa planned Unit Development correspond closely to normal criteria of the Garfield County Zoning Resolution. In some cases, the Battlement Mesa standards are more limiting, while in others typical zoning regulations appear to be more restrictive. Wherever this last situation exists, the added flexibility of development with the PUD permits desirable variety and, in some situations, essential economies of construction and maintenance. Throughout the Planned Unit Development program, special attention will be 311Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* given to bordering private properties so that their values as established by existing Garfield County zoning standards will be maintained. In line with Garfield County zoning requirements that no portion of a PUD shall be used or occupied, otherwise than as was permitted immediately prior to the approval of rezoning as a PUD, until a subdivision plat for said portion is approved by the Board of County Commissioners of Garfield County, Battlement Mesa, Inc., recognizes the need to design and construct each phase according to all reasonable public interest. 10.8 See Modification of definitions in 3.11 and 4.11. 10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of any particular area more restrictive than this PUD would permit, by provisions on the subdivision plat, restrictive covenants, or provision in the deed. 10.10 Guest Suite A multi -family dwelling unit available for daily, weekly or other interim accommodations in return for a rental fee or other form of compensation and approved as such during the subdivision review process and/or special use permit review process. 321 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 11.0 Modifications of Subdivision Regulations The Planned Unit Development will conform to the Subdivision Resolutions of Garfield County, Colorado, adopted January 2, 1979, except as noted below or otherwise provided in this application and except as may be permitted by the Board of County Commissioners at the time of subdividing. The specific modifications set forth below are requested to better allow the developer to fulfill the previously stated purposed and objectives of this PUD. 11.1 Street Pattern (Sub. Req. 5.02.01): The street patterns will be designed to continue to provide access to adjacent land not included in the PUD which presently have access through a public dedicated right-of-way. Adjacent privately owned land which does not presently have access of a public dedicated right—of-way through the area of the PUD will be provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the PUD will be provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the PUD will be provided access at the time of platting at the request of the public agency controlling the land. Dead-end streets may be designed with cul-de-sac head that meets the functional requirements of vehicular turning radii and snow storage; this design may vary from the 90 foot turnaround. Residential lots bordering arterial streets may be sided against the street as long as access to the lot is not from the arterial street. 11.2 Private Street (Sub. Req. 5.02.02): Private streets may be used in areas within the PUD where through traffic is not desired and where pavement widths can be narrower than those required on public streets. In such cases, roadway widths of 20 to 24 feet may be used where the design considers traffic volumes, satisfactory off-street parking arrangements, planned snow storage areas, adequate site distances, reasonable gradients and turnarounds adequate for emergency vehicles. Furthermore in such cases for commercial, retail and office uses, setbacks of 15 to 25 feet may be used for front and side yards where the design considers the factors noted for roadway widths. At time of platting, the design, construction standards, maintenance responsibility nad policing arrangement will be presented. 11.3 Street Widths (Sub. Req. 5.02.03): Public street widths proposed in the PUD will be determined by projected traffic volume, parking arrangements and other 331 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* factors at the time of platting. The range of requirements is proposed to be as follows: Street Type Arterial Collector Neighborhood or local Range of Dedicated Right -of -Way Width 80 to 100 feet 60 to 80 feet 40 to 60 feet Range of Roadway Width 40 to 72 feet 36 to 44 feet 24 to 36 feet 11.4 Grades Curves and Site Distances (Sub. Req. 5.02.04): Grades, curves, and sight distance will adhere to County standards except that variances may be requested at the time of platting for neighborhood, local, or other low volume traffic streets. 11.5 Relationship to Adjacent Slopes (Sub. Req. 5.02.05): Cut -and -fill slopes are proposed to blend with the natural topography and may extend outside public dedicated street, rights-of-way providing revegetation requirements are met. 11.6 Sidewalks, Curb and Gutter (Sub. Req. 5.02.06): Sidewalk locations will be in accordance with the plat at the time of subdividing and will be sited so as to optimize pedestrian routes through open space to residential, educational and community facilities. Curb and gutter will be placed where necessary to direct storm drainage and where it would add to tease of road edge maintenance. Where a rural character is desired and storm drainage can be handled by ditch swales, curb and gutter may be eliminated. 11.7 Roadways (Sub. Req. 5.02.07): Roadways will conform in construction specifications, other than width, to County requirements. Design of roadway surface may vary from parabolic crown to inverted center pitch depending upon storm drainage requirements of various areas within the PUD. 11.8 Street Names and Signs (Sub Reg. 5.02.08): Street signs will conform to a uniform system of signs and graphics designed for the total PUD area. 11.9 Minimum Standards for Zero -Lot -Line and Townhouse Proiects: In zero -lot -line and townhouse projects the following minimum standards must be observed for either public or private streets: 1. A minimum of 20 feet of access drive and fire lane must be provided. 2. A minimum of 3 feet for sidewalks on each side of the access drive must be provided adjacent to the drive. 341Pag *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. A minimum of 20 feet must be provided adjacent to one side of the access drive for utility easements which may incorporate the sidewalk area. 351 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Me Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Exis ting zon -ing Ba t tlem en t Mesa P UD AG L T RE Garfield Co un ty, CO RICU TU RE RURAL To Grand Jur, AGRICUL GRAPHIC SCALE 1000 0 500 1000 2000 4000 ( IN FEET ) 1 inch = 1000 ft.