HomeMy WebLinkAbout5.0 Resolution 95-078483883 8-954 P-863 ro/O4/95 12:01P PG
I'IILDRED AI"SMRF GARFIELD COTJNTY CI.ERK
Mildred Alsdorf
Chuck Deschanes
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AND
OF 5 REC
RECORDER O.OO
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STATE OF COLORADO
County of Garheld
[14 regular meeting of the Board of County Commissioners for Garheld County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs orl Monday the 2nd of october A.D. 19 95 , there were present:
Mnrian T,- Smith , Commissioner Chairman
Arnold L. Mackley Commissioner
Qsmmissioner
County Attorney
Clerk of the Board
County Administrator
Elmer (Bucky) Arbaney
Don DeFord
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2.
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when the following proceediags, among others were had and done, to-wit:
RESOLUTION NO. e5-078
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR
MOUNTAIN MEADOWS AT PRINCE CREEK.
WHEREAS, ANNELIESE K. ALLEN has hled an application with the Board of County
Qemmissioners ol Garfield County for approval of a Preliminary Plan for Mountain Meadows at
Prince Creek;
WHEREAS, the Garheld County Planning Commission reviewed the Mountain Meadows at
Prince Creek application and recommended approval to the Board of County Commissioners;
WHEREAS, based on the material submitted by the applicant, the recommendation of the
Planning Commission and the cornments of the Garflreld County Planning Departrnent, this Board
finds as follows:
1.That proper publication, public notice and posting was provided as required by law for
the hearings before the Planning Commission and Board of County Commissioners.
That the hearings before the Planning Corrmission and Board of County
Commissioners wereextensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard at that hearings.
That the Garheld County Planning Commission recommended approval of the
Preliminary Plan.
That the proposed subdivision of land is in compliance with the recorlmendations set
forth in the Comprehensive Plan for the unincorporated area of the County.
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4B3BB3 8-954 P-864 rolss 12:O1P PG 2 oF 5
That all data, surveys, analyses, studies, plans and designs as required by the State of
Colorado and Garfield County have been submitted, reviewed, and found to meet all
sound planning and engineering requirements of the Garflreld County Subdivision
Regulations.
That the proposed subdivision of land conforms to the Garheld County Zonrtrl.g
Resolution.
That for the above-stated and other reasons, the proposed PUD is in the best interest
of the health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garheld County.
NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of Mountain Meadows
at Prince Creek for the following described unincorporated area of Garheld County be approved with
the following conditions:
All representations of the applicant, either within the application or stated at the public
hearing with the Planning Commission, be considered conditions of approval.
All proposed utilities shatl be located underground. All necessary appurtenances for
individual service con-nection shall be provided by the developer. Utility facilities shall
be included in the Subdivision Improvements Agreement.
The applicants shall establish a Homeowners Association and shall be incorporated in
accordance with the requirements of Colorado Revised Statutes. The Homeowner's
Association shall be responsible for the Basalt Water Conservation District water
contract, well maintenance, road maintenance and snow removal. The articles of
incorporation and restrictive covenants shall be reviewed by County Staffprior to the
approval of a Final Plat.
The water allocation contract shall be transferred from the developer to the
Homeowner's Association. The Homeowner's Association shall enforce individual
compliance through covenants. All Basalt Water Conservancy District contract rights
and obligations, as approved by the Water Court, shall be assigned to the Homeowner's
Association.
The applicants shall pay $200 per lot in school impact fees prior to approval of the f,rnal
plat.
The restrictive covenants shall provide that there will be no resubdivision of the lots.
Prior to the submittal of the Final Plat, the applicant shall provide adequate written
verihcation from the Division of Water Resources documenting approva-l of the
domestic water supply and comply with any recommendations made by the Division.
The applicant shall provide a 16,000 gallon water storage tank per the request of the
Carbondale and Rural Fire Protection District for fire protection as a part of the
submittal ofla Final Plat and pay $232.00 per dwelling to the District prior to submittal
of a Final Plat. Further, that all residences shall be built in accordance with the
Colorado Forest Service urban interface wildflue guidelines.
9. All roads including the proposed cul-de-sac shall be designed and constructed in
accordance with minimum County standards.
5.
6.
8.
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4.
5.
6.
1.
8.
483FB3 B-e54 P-865 tozfls t2:o1P PG 3 OF s
The applicants shall submit improvement plans lor all roads, bridges, utilities and
drainage structures prior to approval ol a Final Plat. Further, that the water system
lines be looped.
The applicant shall demonstrate that procedures are established for the maintenance of
all bridges, roadways etc., including snow removal, through the Homeowner's
Association.
All outdoor lighting shall be directed downward and toward the interior of the
subdivision.
That the Final Plat for the subdivision include the following:
a. A legal description of the Garheld/Pitkin County boundary line that is
approved by the County Surveyor of both Garheld and Pitkin County, prior to
Final Plat.
b. A legally described easement across lot 8 for emergency access and egress.
c. That the following plat notes be included on the plat:
(l) The approval of this subdivision action by Garfield County will, in
no way, obligate Pitkin County to approve any building permits without
compliance with the appropriate Pitkin/County Land Use Code
requirements and procedures.
(2) The lots in this subdivision are in a predominantly agricultural area
and thatcertain agricultural practices mayhave anegative impact on the
residential use of property in this subdivision. The agricultural uses and
practices are superior to the residential uses.
(3) No open hearth solid-fuel fireplaces will be allowed; each dwelling
unit will be allowed one(l) new wood-burning stove as deflrned by C.R.S.
25-7-407 , et. seq. and the regulations promulgated thereunder; and there
will be no restriction on the number of natural gas burning fireplaces or
appliances.
(4) One dog will be allowed in each residential dwelling unit in the PUD
This requirement will be included in the protective covenants, and will be
enforced by the homeowners association.
(5) No building on lots l, 2, 3 and 7, shall exceed twenty (20) ft. in
height, at the highest point of the structure or be over one story in height.
(6) Noxiorls weeds are the responsibility of the property owner.
10.
11.
12.
13.
4B3BB3 B-e54 P-866 'ordiu 12r01P PG 4 0F s
Dated this :ra day of
ATTEST:
vote:
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Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian L. Smith ., Aye
A.D. 19e5
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
%^- '
Chairman
0c tober
Arnold L. MackleY ., Aye
Elmer (Bucky) ArbaneY , Aye
STATE OF COLORADO
County of Garfreld
County Clerk and ex-offrcio Clerk of the Board of County
Commissioners in and for the County and State aloresaid do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garheld 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. l9_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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4B3BB3 B-954 P-867 ,or}nr lz:orP PG 5 oF s
LEGAL DESCA'PTION
A porcel of /ond situoted in Lols. B <ltld 9 ol !,ection l l 0|)d
;r'[oi, J .on,1 4 of Seclir.t, 14, oll in fownslip B Soulh, Rortge
BB West ot' the sixth Principo/ Meridiort, nlote 1-tctr(iculo|lv
, described os follctws:
Beginning of o point front wltic/t the bross cop wilness cortler
set for tne souittwest corn€r of Scctio, I 1 of soid lownshil't
-ond Ronge beors S. 58.J6'04,, W s69. l5 {eet distclnt,
tl'tence olonq o fenceline lhe Iotlot+'irtg two (2) courses'
I) N. BB't2',0.J" E I7.J.0/ {eet
2) N. 89',J5',12" t 12(.) 6'J leet
lo the in(erseclictn wilh o norlh south fence hrre; lltence
5. ii.+s,40,, E. 2J7.44 feet otong soi,J /en,_-e /ine lo ()tt
in(e,rsection wilh on eost vesl fertce line; lltence
i.- aa.i 6,4 t,, E. 7Jg.gg leet otorg soic/ lence tine, llte ,ce
;. "OZ.+i,45,'i. 5J0.ZB teet to i point on llte courly'litte
between Gorl'ield County ond 'pitkin Cour.tly; lltenr:e
i.' gA0OC" W. 14J4.55 feel otong soid cot,rrtv line to o ftittttt
on o north south {ence tine; thertie olonq soid [ertcs lirte tlti:
foltowing'five (5) courses:
t) N. t 9'44'01" E. 99.J9 feet
2) N. 06'09'J t " t'' 74 .B 7 leet
J) N. 0g'2s'0s" [. 16J.04 feet
4) N. JS'25',sg" E J7 t.BJ feet
5. N. J0't 7'2J" [. t'17.72 feet
to the point of beginnrnq. lloict porcel of lond <:onlorrts
l7.BgJ ocres, more or less.