HomeMy WebLinkAbout2.0 Resolution 81-316BeoX 582 PLGE949
STATE OF COLORADO
ss. Recorded at /0' o'clock /9 M. OCI 7 1981
county of Garfield Reception No. 321)027 M{LDRED, ALSDORF, RECORDER
At a reguiar meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Tuesday , the t11 -day of
October A. D. 19 81 , there were present:
Larry Velasquez
Flaven J. Cerise
Eugene "Jim" Drinkhouse
, Commissioner Chairman
, Commissioner
, Commissioner
Att
County therney
Boar
Cheryl J. Kossa Deputy
Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION #81- 316
RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT
TO THE GARFIELD-COUNTY ZONING RESOLUTION AND PLANNED UNIT DEVELOPMENT
FOR CANYON CREEK BY JIMMY SILLS
WHEREAS, Jimmy Sills on behalf of Sills Mining and Develop-
ment Company, has filed a petitionwith the Board of County Commissioners
of Garfield County to rezone the herein described property in Garfield
County from Agricultural/Residential/Rural Density and Residential/Limited/
Urban Density to a planned unit -development zone district and to approve
a planned unit development plan for Canyon Creek, planned unit development,
and •
WHEREAS, a public hearing was held by this board on July 6, 1981,
which was continued until July 13, 1981, and which was continued until
August 4, 1981; and
WHEREAS, based on the evidence, testimony, exhibits,•study of
the master plan for the unincorporated area of the County, comments of
the Garfield County Planning Department, comments of public officials and
agencies, comments from all interested parties, this Board finds as
follows:
1. THAT proper publication of the public notice is provided as required
by law for the hearing before the Board;
2. THAT the hearing before the Board was extensive and complete, that all
pertinent facts, matters, and issues were submitted and that all in-
terested parties were heard at that hearing;
3. THAT the Garfield County Planning Commission has recommended to this
Board that the requested rezoning be granted, provided that certain
conditions be complied with;
4. THAT the proposed zoning is in general compliance with the recommendations
set forth in the master plan for the unincorporated area of the County;
5. THAT the proposed land use will be compatible with the existing land
uses in the nearby area;
6 THAT other than in the foregoing particulars, the requested zone change
amendment and plan approval are in general conformity with the master.
plan for Garfield County, Colorado, and.meet all requirements of the
zoning resolution of Garfield County, and further that the requested
planned unit development is suitable and appropriate for the subject •
property concerning the location, condition circumstances of said.
property, and that the proposed amendment implements the purposes and
meets the standards and requirements of the planned unit development
provisions of the Garfield County Zoning Resolution;
NOW, THEREFORE, be it resolved by the Board of County.Commis-
sioners of Garfield County, Colorado:
Section 1.
THAT the petition of Jimmy Sills on behalf of the Sills Mining and
Development.Company for a zone change from Agricultural/Residential/Rural
Resolution #81 -
Page 2
800K 582 PbGE9SO
Density and Residential/Limited/Suburban Density to a planned unit
development district for the following described unincorporated area
of Garfield, County be approved, subject to the conditions, as follows:
a. THAT active and passive recreation facilities'be provided by the
developer in the open space of the project.
b THAT the Canyon reek riparian area be dedicated for public use.
c. THAT all roads within the planned unit development meet County
standards except that portion above lots 15 and 16 which will be
a private road.
d. THAT the private road access to the two lots on the creek on the
.westerly portion of the property be upgraded to a set of acceptable
standards to be submitted to the County as a preliminary plat.
e. THAT a' 100 -year flood plain study be done on Canyon Creek.
f THAT a portion of lots 17 subject to rock fall not be built upon.
g. THAT the concern as to the irrigation ditch be addressed.
h. THAT the commercial site be eliminated.
i. THAT lot one not be multi -family.
Section 2
THAT the planned unit development shall consist of three zone districts,
the boundaries of which shall be indicated upon the final plat or plats
of the Canyon Creek, the planned unit development, which districts shall
be designated as follows: Single -Family Residential District
Multi -Family Residential District
Common Open Space District
Section
THAT the uses permittedwithin said districts, together with 'the regu-
'lations affecting the usage of the lands contained therein, shall be as
follows
Single -Family Residential
1. Uses, by right:' Single Family dwelling and customary accessory uses.
2. Uses, conditional: Home occupation, studio for arts and crafts.
3. Uses, special: None.
4. Minimum Lot Area: Not applicable. An average of 2.2 acres per
dwelling unit as specified by the PUD Master Plan (Figure 3).
5. Minimum Setback:
a. Front Yard: 50.feet from street centerline.
b. Rear Yard: 25 feet from rear lot line.
c. Side Yard: 10 feet from side lot line.
6. Maximum Height of Buildings: 30 feet.
7. Maximum Lot Coverage: 15 percent. Building envelopes, of approximately
4,000 sq. ft. will be designated at the time of subdivision platting.
8. Additonal Requirements: All uses shall be subject to any and all of
the'provisions,covenants, conditions and restrictions contained in
this application and to additional provisions, covenants, conditions
and restrictions by the recording of, any supplementa l declarations.
Resolution #81 -
Page 3
BOOK 582 P°GE951
Multi -Family Residential
1. Uses, by right: Single-family townhouses and customary accessory uses.
2. Uses, conditional: Home occupation, studio for arts and crafts.
3. Uses, special: None.
4. Minimum Lot Area: Not applicable. Multi -Family Tracts are as specified
by the Canyon Creek PUD Master Plan (Figure 3).'
5.1. Minimum Tract Setback:
a. Front Yard: 50 feet from street centerline.
b. Rear yard: 20 feet from, lot 'line
c. Side Yard: 10 feet from lot line.
5.2. Unit to Unit Setback: 0 feet
6. Maximum Height of Buildings 30 feet.
7. Maximum Lot Coverage 50 percent.
8. Additional Requirements: All uses shall be subject to any and all
of the provisions, covenants, conditions and restrictions contained
in this application and to additional provisions, conditions and
restrictions by the recording of any supplemental declarations
Common Open Space
1. Uses, by right:Passive and active recreation, recreational facilities,
community facilities, water storage facilities, sanitation facilities,
stables or paddocks.
2. Uses, conditional: None.
3. Uses, special: None
4. Minimum Lot Area: Not applicable.
5. Minimum Setbacks for Buildings:
a. Front yard:. 50, feet from street centerline.
b. 50 feet from residential buildings.
c. 10 feet from side and rear.lot lines.
6. Maximum Height of Buildings: 25 feet.
7. Maximum Lot Coverage: 15 percent
8. Additional Requirements: All uses shall be subject to any and all
of the provisions, covenants, conditions and restrictions contained
in this application and to additional- provisions, covenants, conditions
and restrictions by the recording of any supplemental declarations.
Supplemental Regulations
1. Parking requirements:
a. Single -Family Residential: Two covered spaces per dwelling unit.
b. Multi -Family Residential: Two spaces per townhouse.
c. Common Open Space: Community facilities shall be centrally
located and designed for pedestrian access. For active recreational
facilities located, or to be located, within deeded common open
space, parking facilities will accomodate a minimum of twenty
percent of the projected users of these facilities.
Rural Center District: One space per 200 square feet of floor area.
Resolution #81-
Page 4
Definitions
BOOK 582 f' oE952
1. Uses, by right: A use allowed in a particular zone district with no
conditions or approval required other than the general terms of this
Application.
2. Uses, conditional: A use allowed in a particular zone district that
fulfills all of the provisions, covenants, conditions and restrictions
contained in this Application or any additonal requirements or cov-
enants recorded by any supplemental declarations.
3. Uses, special: Uses allowed by permit only.
4. Minimum Lot Area: The total land area within the boundaries of a lot.
5. Minimum Setback: The minimum dimension of a required yard.
6. Building Height: Measured vertically from the average natural
finished grade line immediately adjoining the foundation to the average
roof height.
7. Lot Coverage: The portion of a lot or tract which is covered or
occupied by buildings, strtures, parking and drives. '
8. Building Envelopes: Building envelopes are areas which define the
.sitting of residential homes and accessory structures such as garages•
or sheds. All such structures shall be confined to designated building
envelopes
9. Townhouses: Townhouses are lineal or clustered arrangements of
attached or semi -attached single-family homes of between four and
twelve dwelling units. Each unit is on private property and. has
.private outdoor space. No one unit is above another unit. Town-
houses share common walls and structure, utilities and parking.
10. Rural Center: .The Rural Center District is intended to provide a
community and commercial center in a rural suburban area.
11. Country Stored A Country Store shall be a facility which may contain:
convenience commercial facilities; limited recreational facilities;
.or community facilities. This facility would help curtail needless
traffic to urban centers while providing a community center in rural
suburban location. All architectural and design covenants of the
Canyon Creek PUD shall apply to the County Store..
Section 4.
THAT, upon the Board's determination that the foregoing conditions have
been satisfied or agreed to by the applicant, the chairman be and hereby
is authorized to execute an amended zone district map to the Garfield
County Zoning Resolution, reflecting theamendment herein granted to the
following described unincorporated area of Garfield County.:
All that part of the SE4SW4, Section 25 and the N2NW4, 3ZNW41 Section 36,
Township 5 South, Range 90 West of the Sixth Principal Meridian lying
easterly of the center of Canyon Creek and northerly of the following
described line, to -wit:
Beginning at the intersection of the easterly line of the NE4NW4 of said
Section 36, and the northerly line of Riverview Subdivision as amended
and filed as Document No. 241679 in the Garfield County records; thence
along the northerly and,westerly line of said Riverview Subdivision the
following courses and distances; N.84°59'W.8.0 feet more or less,;
S.82°31' W.44.90 feet; S.59°59' W.73.60 feet; S. 01601' W.350 feet,
more or.less to a point on the southerly right-of-way line of Old State
Highway No. 11; thence along said southerly right-of-way line the
following courses and distances; N.67°50' W.310 feet; S.87°30' W.335.4
feet to the northeasterly corner of.a parcel of land described in Document
No: 288281, of the Garfield County records; thence leaving said southerly
right-of-way line of said Old State Highway No. 11 S. 05°14'16", E.399.16
feet to the county road; thence:S.87°31'00", W.188.70 feet along said
Resolution #82
Page 5
BOOK 582 P!GE953
county road; thence N.04°42'38" W.110.98 feet; thence N.81°07'13"
W.5.89 feet; thence N.07°40'47" W.222.18 feet to a point on the southerly
.right-of-way line of said Old State Highway No. 11; thence along said
southerly right-of-way line the following courses and distances; S.68°23'
54" W.75.88 feet; thence S.69°11'59" W.189.39 feet; thence S.68°50'16"
W.132.74 feet; thence S.64°50' W.138.93 feet; thence S.57°34' W.138.40
feet to the centerline of Canyon Croek.
Excepting a tract of land conveyed to Eric C. Williams by deed recorded
as Document No. 311109 in book 563 at page 586 of the Garfield County
records
All of the above described property contains 76 acres more or less.
ATTEST:
By:
Deputy IZ'lerk elf/the • Board
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
• Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Larry Velasquez Aye
Flaven J. Cerise Aye
Eugene "Jim" Drinkhouse Aye
STATE OF COLORADO
ss
County of Garfield
I , County Clerk and ex -officio Clerk of the Board of County Commissioners
in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Re•:ords of
the Proceedings of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
this day of , A. D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners.
Commissioners