HomeMy WebLinkAbout1.06 Pre-ApplicationAPPENDIX D
PRE -APPLICATION CONFERENCE SUMMARY
SGM
118 W. 6TH STREET, SUITE 200
GLENWOOD SPRINGS, CO 81601
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Barfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garlield-countv.com
CPRE -APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: Multiple Parcel Numbers — TBD DATE: Updated 1/31/19
PROJECT: Battlement Mesa PUD Text Amendment Permitted Uses — for Agricultural
Uses in Multiple Zone District
APPLICANT: Battlement Mesa Partners
REPRESENTATIVES: Eric Schmela, Battlement Mesa Partners
PRACTICAL LOCATION: Battlement Mesa PUD
ZONING: Planned Unit Development (PUD)
TYPE OF APPLICATION: PUD Text Amendment
I. GENERAL PROJECT DESCRIPTION
Battlement Mesa Partners, a property owner within the PUD is considering an Application
for an Amendment to the Battlement Mesa PUD, PUD Regulations/Guide to add Agricultural
Uses within several zone districts. Multiple zone districts are anticipated to be included with
the final listing to be determined by the Applicant. Staff understands the areas and zones
are anticipated to focus on portions of the PUD that are not currently developed, are
generally compatible with agricultural uses and in some cases along the borders of the PUD
adjacent to properties zoned Rural (outside of the PUD) that are permitted to have
agricultural uses.
The Application will be a PUD Text Amendment with proposed draft language.
The amendments will establish the level of County Review required (i.e. Use by Right, Use
Conditional, or Use Special). The submittal will need to address the PUD Amendment
criteria contained in the Garfield County Zoning Resolution of 1978 as referenced in the
Battlement Mesa PUD Documentation. Amendments to the PUD Guide, Supplemental
Regulations to address issues related to the agricultural uses can also be proposed. These
could address compatibility issues and the potential for large agricultural structures such as
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greenhouses or indoor growing. Definitions for the proposed use may also be appropriate
in the supplemental regulations.
The proposed text will require a public hearing before the Planning Commission, for review
and recommendation, and then the Board of County Commissioners for a final decision.
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 REQURED 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 before the Board of County
Commissioners and includes a mailing notice requirement 15 days prior to the public
hearing to all property owners adjacent to the lot or Tots subject to the proposed
amendment.
Applicant may consider completing additional courtesy noticing to additional property
owners, posting of the property and 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."
Confirmation that Battlement Mesa Partners are owners of property within the
affected Zone Districts would be required as part of the Application submittals.
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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
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 text amendment affecting
specific zone districts and portions of the PUD will 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./f an amendment is approved the PUD Guide and District Regulations shall be
updated and recorded.
IV. SUBMITTAL REQUIREMENTS
■ Application Form and Fees
• Ownership Documentation (deed) showing the Applicant as an owner of property
within the PUD and the area proposed for zoning text amendments.
• 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 and zone districts proposed for the text
amendments.
• Current PUD Plan/Zoning Map showing overall PUD Zoning Districts and the
affected zone districts proposed for the text amendments.
■ A copy of the Current PUD Regulations/Guide.
• The proposed text for amendment of the PUD Regulations/Guide, setting forth the
new text (permitted uses) for the agricultural uses. The Applicant can include
additional definitions and supplemental regulations. The Applicant may also
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define terms/uses by reference to existing terms and definitions found in the
Garfield County Land Use and Development Code of 2013, as amended.
14 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.
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. Please contact Planning Staff if you have
questions regarding submittals. Follow-up meetings with staff can be scheduled as
needed prior to submittal.
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 Environmental Health, Garfield County Consulting
Engineer, Garfield County Road and Bridge Department, Fire
Protection District, 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
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c. Total Deposit: $ 300
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is 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. 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:
Glenn Hartmann, Principal Planner Date
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GARFIELD COUNTY
ZONING RESOLUTION
OF 1978
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
P.O. BOX 640
GLENWOOD SPRINGS, COLORADO
Adopted & Enacted
January 2, 1979
Effective
January 2, 1979
This copy includes all amendments through:
January 2, 1979
Uses, conditional; allowed by permit only: industrial
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
studio for conduct of arts and crafts; home
Uses, special: Utility airport, feedlot as
use of the lot, camper park, hunting lodge;
waste disposal areas; public events.
school;
occupation.
principal
mineral
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) lccal etreets: 75 feat from street centerline or
50 feet from front lot line, w1:f.chever is greater;
(2) Rear yard: 125 feet;
(3) Side yard: 100 feet from side lot line or k the
height of the principal building, whichever is greater.
Required Setback, industrially: 100 feet from any
property line.
Maximum Height 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:
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 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 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
other public facilities. "Provisions of the plan"
means the written and graphic materials referred to in
this definition.
4.01.03 Planned Unit Develo2ment. (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 exisLing land use regulations.
4.02 PURPOSES AND OBJECTIVES OF DEVELOPMENT
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
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variety in type, design, and layout of buildings and by
the conservation and more efficient use 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 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 ZONING 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.
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.
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
incompatible 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
of them is not applicable or that a practical 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 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, 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 PUD.
The PUD shall strive for optimum preservation of the
natural features of the terrain.
(5) The .UC shc11 provide for v^i-ipi-v in housing types
and densities, other tacilities, and Common 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 building:
(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;
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(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 ovary ! I average resideliLial iiensitj shall 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
duelling 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 mimimtun number of acres that may comprise a PUD is
two acres.
4.07.08 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 PUDs:
(1) Single-family and multiple -family residential
dwelling units in detached, semidetached, attached,
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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;
(8) Public utilities and facilities;
(9) Lodging places, including motels, hotels, lodges,
and dormitories;
(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 arca 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 Open Space can
be met in the proposed PUD and the surrounding area.
4.08 PUD 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 PUD application shall be reviewed and approved,
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 bui_]dd^n je, and all Wryer rued and :ccup ancy re`tri^tione
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.
4.08.05 The applicant shall include with his written request
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 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;
(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;
(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;
(f+) A 1Pgn] dc.sr+r rtinr of the area which the apr+lican
legn]
wishes to include in the 'UD;
(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;
(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
he eemc pertinent in evaluating uating p=opcncd ruo .
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
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 of 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
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stages. The applicant must complete the development of
each stage and of the PUD 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
reposed 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 PUD be amended, or extend the time for completion
of the PUD.
4.09.03 Each stage within a PUD 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 have a substantial adverse impact on the
PUD 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 MAINTENANCE 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 successor 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 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 PUD and to prevent the Common Open Space from
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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 deti:iminatiun, 111 each yIn1 ChelecILLCL:. The cost.
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
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:
(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
permitted except upuu a iil►difig by Lbe CuuuLy, 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.
.a... • •
•
10.00 AMENDMENT
10.01 CLASSIFICATION
The County Commissioners may amend the number, shape,
boundaries or area of any district, or any regulation
of or within such district or any other provision of
this Resolution. Amendments may be of one of the
following general classifications:
10.01.01 Amendment to the text of this Resolution 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;
10.01.03 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
Panned Unit Development- AmnnAmpnt.
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
such a change, the County Commissioners or the Planning
Commission;
10.02.02 Zone District Amendment: Owners of real property
located within the 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 included with the proposed Planned Unit
Development.
10.03 SUBMITTAL
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.
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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 for Map 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 referal of the proposed amendment by
the County Commissioners except as state in ^-""n
4.08.01
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,
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c&rgfeplicacixt
RESOLUTION NO. 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 ofr Garfield,_State of Colorado; and
w.
WHEREAS, this Board is authorized by the provisions of
C.R.S. 1973, 30-2B-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 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 14th 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 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 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 Resolution;
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 GARFIELD 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 by the County Commissioners: Upon receiving
an application 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 Commissioners may
grant or conditionally grant the conditional use permit
on such conditions as are deemed necessary 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 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:
Application: All special use permit applications shall
be 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 "7.02.03" 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 (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. 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 be
-3-
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wren the following pooceed:ngs, among others were iesa sad done, to:wit;
RESOLUTION NO. 80-82
Counly Cammholenese for Cu Id C2w%L , Calmado,
, the 19tj1�! day of
, Casam oioner Chairman
, Commissioner
, Commisdane:
, County Attorney
, Clash of the Baud
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 of an amendment to the Battlement Mesa Planned Unit Development
Plan and Resolution 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 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 substantaiily
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 (3)(b),
and will further effect the intent of this Board in adopting its 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, 1HEREFORE, 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 supply of potable water to serve the needs
of the proposed development for domestic and related usage.
•M
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 per each four persons using the facility (figured at a maximum capacity
use period).
9.10 Additional Re uirenents: All uses shall be subject to the provisions under
Varan 1 . SuppliaTilary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
10.0 Supplementary Regulations
Division of the subject lands into land use areas and their related develop-
ment standards will 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 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 tfie 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.
Mobile 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 separate 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 PUD map, the
net ecennsity in any given part of a 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.
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