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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