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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 ?t3 l) ) I AND OF 5 REC RECORDER O.OO }.IOTDOC 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 ) )ss ) 2. 3. 4. 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. ., 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. 1. 2. 3. 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: , t -_,,/;, 1,.. :ii 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 ) )ss ) 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.