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HomeMy WebLinkAbout5.0 Land Use Change Permit11111117.61'111111M M H 11 It Reception##: 736354 01/07/201i 02:50:16 P11 dean Rlberico 1 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELO COUNTY CO LAND USE CHANGE PERMIT for AN AMENDMENT TO THE ASPEN GLEN PLANNED UNIT DEVELOPMENT TO REDUCE THE FRONT SETBACKS FOR DUPLEX UNITS IN THE CLUB VILLA ZONE DISTRICT. In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, as amended the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes the Land Use Change Permit to decrease the setbacks in the Aspen Glen PUD Club Villas Zone District as contained in the attached EXHIBIT A. This Land Use Change Permit is issued under the authority granted to the Director of Building and Planning under Section 4 -107 of the Unified Land Use Resolution of 2008, as amended. Fred A. Jarman, AI ► �' Director of Buildin Br d Planning Date /1/4 1 1111 IKCIC1Wit 11111 Receptionff: 796954 D1107/2011 02:50:16 PM Jean Plbertco 2 of 7 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO APPROVAL OF AN ADMINISTRATIVE AMENDMENT TO THE ASPEN GLEN PLANNED UNIT DEVELOPMENT REZONING AND ITS PLAN TO AMEND THE CLUB VILLAS ZONE DISTRICT PLAN TEXT TO MODIFY A FRONT YARD SETBACK WRF,REAS, Gerd Zeller, an owner of a parcel of land within the Aspen Glen PUD as shown on Exhibit A, has filed an application with the Planning Director of Garfield County, Colorado for an Amendment to a Planned Unit Development and Request for Planning Director Review for a Determination of No Substantial Modification Under Garfield County Code Section 4 -201: and WHEREAS, the Board of County Comlrlissior ers did approve the Aspen Glen PUD by Resolution No. 92 -056 and other Resolutions of approval and related PUD documents as shown on Exhibit B; and WHEREAS, the applicant seeks to amend the Club Villas Zone District plan text to modify a setback; and WHJ REAS, the Planning Director has made a determination that the proposed amendment does not constitute a substantial modification under the Code. NOW THEREFORE, it is determined by the Planning Director of the County of Garfield, State of Colorado that based on the application of Gerd Zeller, the Planning Director finds as follows: 1. Gerd Zeller, Applicant, is the owner and applicant of the property known as the Sages at Aspen Glen which is within the Club Villa Zone District of the Aspen Glen Planned Unit Development and as such is entitled to apply for a Planned Unit Development Zone Text Amendment pursuant to the Garfield County Code. 2, The Applicant has agreed to reduce the approved density of the project from 15 units to 13 units and build duplex units where he could otherwise build triplex units under the Club Villas Zone District of the Aspen Glen Planned Unit Development Plan. 3. The PUD has a more restrictive setback of 25 feet for duplex units than for triplex units for the Club Villas Zone District which is set out the zone district text —at Book 835 Page 305 at Page 340 Subsection (d) Minimum Front Yard Setback 25 feet. 4,. The Director finds the requested zone text amendment allows for reduced density to occur (duplex rather than single family attached with more than two units) without allowing for increased density under any circumstance; the change requested is for only 101 VI PIVI l .H il4WM10E /:MV 11111 Reception /: 796954 01!07/2011 02:50:15 PM Jean AIberico 3 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO one setback requirement and; the change does not alter the allowed uses in the district and does not create or increase Incompatibility of the use. 5_ The Exhibit to the Aspen Glen Resolution — Revised Zone Text as recorded at Book 830 Page 305 at Page 330 is amended as follows: Club Villas Residential Zone District Development Standards Page 10 Duplex: Section 7 (d) Minimum Front Yard If 20 Feet from Roadway Abutting Public/Private Street Easement/ROW Planning Director Garfield County State of Colorado Dated State of Colorado ) County of Garfield ) Subscribed and sworn before nie this day of 2010, by Fred Jarman as Director of Building and Planning County of Garfield. State of Colorado My commission expires 1111 !Pi 1111f 101' 1Vi Cleirti'LIR L " 11 X11 Reception #: 796954 E1IO7l2011 02.50.1G Phi Jean R16erioo 4 of 7 Rec Fee:$0.00 Doc Fee.0.0© GARFIELD COUNTY CO Exhibit A LEGAL DESCRIPTION A tract of land situate in Section 13, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point on the easterly right of way line of County Road 109 and the west line of 2' Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado whence the W1/4 corner of Section 20, Township 7 South, Range 88 West of the 6`h Principal. Meridian bears S 57 °23'01" E 5194.26 feet; thence along the west line of said Golf Course Parcel9 the following courses: N 79°46103'1E, 87.38 feet; thence, S 29 °23'03" E, 308.37 feet; thence, S 74°11'52" E, 10.61 feet; thence, S 29 °23'03" E, 440.20 feet; thence, S 5316'43" E, 36.29 feet; thence, S 14 034'35" E, 84.79 feet; feet to the north right of way line of Golden. Bear Drive as shown on plat of Aspen Glen, Filing No. 6, County of Garfield, State of Colorado; thence along said north right of way line the following courses: thence 45.51 feet along the are of a 814.50 feet radius non tangent curve lo the left, having a central angle of 3 °12'05" and subtending a chord bearing S 75 °32'33" W 45.50 feet; thence 29.03 feet along the arc of a 199.75 feet radius curve to the right, having a central angle of 8 °19'39" and subtending a chord bearing S 78 °06'20" W 29.01 feet; thence S 82°16'09" W, 45.30 feet; thence 61.73 feet along the arc of a 200.25 feet radius curve to the left, having a central angle of 17 °39'47" and subtending a chord bearing S 73 °2016" W 61.49 feet; thence 55.09 feet along the arc of a 833.67 feet radius curve to the left, having a central angle of 3 °47'11" and subtending a chord bearing S 62 042'47" W 55,08 feet; thence 38.40 feet along the arc of a 47.50 feet radius curve to the fight, having a central angle of 46 °19'29" and subtending a chord bearing S 83 °58'56" W 37.37 feet to the east right of way line of County Road 109; thence, along said east right of way line the following courses: thence, N 29 °02'45 W, 166.98 feet; thence, N20 041120" W, 11.95 feet; thence 545.79 feet along the arc of a 1635.67 feet radius non tangent curve to the right, having a central angle of 19 °07'06" and subtending a chord bearing N 16 °06'57" W 543,26 feet; thence, N 06 °33'24" W, 135.34 feet; to the point of beginning. County of Garfield, State of Colorado 1111WI 11,14111Aff Nor,rfl.106i ,?1A` '414.1( 11 Ili Reception #: 796954 01/0712011 02:50:16 PM ,lean Alberico 5 of 7 Rao Fee:$0.00 Doc Fee:0.00 CARF1ELD COUNTY CO Exhibit B Description of Resolutions and other PUD Approvals 1. Resolution No. 92 -056, Resolution Concerned with the Approval of an Application of the Aspen Glen Company for the Aspen Glen Planned Unit Development Rezoning and Approval of its Plan, recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262, 2. Resolution No. 93 -121, A Resolution Concerned with the Approval of a Preliminary Plan for the Aspen Glen PUD, recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154, 3. Resolution No. 94 -008, A Resolution Approving the Service Plan and the Fonnation of the Aspen Glen Water & Sanitation District, recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796. 4. Resolution No. 94 -089, A Resolution Concerned with the Approval of an Amendment to the Application of Aspen Glen Company for the Aspen Glen Planned Unit Development Rezoning and Approval of its Plan, recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955. 5. Resolution No. 94 -139, A Resolution Concerned with the Approval of a Floodplain Special Use Permit Application for Aspen Gien Golf Partners, Ltd., recorded December 13, 1994 in Book 925 at Page 345 as Reception No 472058. 6. Resolution No. 95 -004, A Resolution Concerned with the Amendment of and Correction of a Scribners Error in Resolution No. 94 -139 Concerned with the Approval of a Floodplain Special Use•Permit Application for Aspens Glen Golf Partners, Ltd., recorded 7anuaryl7, 1995 in Book 929 at Page 64 as Reception No. 473462. 7. Resolution No. 96 -26, A Resolution Concerned with the Approval of a Floodplain Special Use Permit Application for Aspen Gien Golf Partners, Ltd., recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765. 8. Resolution No. 96 -06, A Resolution Concerned with the Approval of an Amendment the Aspen Glen Unit Planned Unit Development Rezoning and its Plan, recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797. 9. Resolution No. 96 -07, A Resolution Concerned with the Approval of an Amendment to the Preliminary Plan for the Aspen Glen PUD, recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798. 10. Resolution No. 2006-79, Administrative Permit for Aspen Glen Subdivision PUD, Lot 4A, recorded March 19, 2007 in Book 1903 at Page 967 as Reception No. 719257. ®ICI 1141'11"41VVANIV 111111IWII FRItIVIIIitii,111ri 11111 Reception #: 796954 01/07/2011 02:50:16 P11 Jean Alberico 6 of 7 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO 11. Master Declaration recorded April 6, 1995 n Book 936 at Page 350 as Reception No. 476328. 12. Fast Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 61 as Reception No. 510976. 13. Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966. 14. Third Supplemental Declaration recorded February 10, 1988 in Book 1053 at Page 8 as Reception No. 520203. 15. Fourth Supplemental Declaration recorded February 10, 1988 in Book 1053 at Page 30 as Reception No. 520209. 16. Fifth Supplemental Declaration. recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479. 17. Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647. 18. Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005. 19. Eight Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517 as Reception No. 534299. 20. Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617. 21. Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596. 22. Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597. 23. Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668. 24, Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception No. 566379. 25. Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952. ®11i 1111101hVi Oki 114: 1611 011,1i{ It III Reception #: 796954 01/67/2014 0250.15 PM Jean fllberico 7 of 7 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 26. First Amendment to the Master Declaration recorded October 30, 2003 in Book 1533 at Page 735 as Reception No. 639707. 27. Fifteen Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception No. 665692. 28. Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512. 29. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327. 30. Subdivision Improvements Agreement, recorded April 6, 1995 in Book 936 at Page 444 as Reception No, 476329. 31, Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No. 476330.