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HomeMy WebLinkAbout5.0 Resolution 2011-17.♦ 1111 Ifi 11:100,N IM(L N' #147;:llia lii4,111 H Reception#: 800397 03/22/2011 02:47:16 PM Jean lberico 1 of 9 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO STA IE OF COLORADO ) )ss County of Garfield ) • At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, December 20th, 2010; there were present: John Martin Mike Samson Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011-17 A RESOLUTION CONCERNED WITH THE APPROVAL OF A COMBINED PRELIMINARY PLAN AND FINAL PLAT APPLICATION FOR THE OLD ORCHARD SUBDIVISION Parcel ID: 2123-352-00-185 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Combined Preliminary Plan and Final Plat Application from Roc Anthony and Mary Ann Gabossi (Applicants) for a four lot subdivision as shown in Exhibit A; B. The subject property contains 20.22 acres and is located at 44523 Highway 6, Glenwood Springs, Colorado in Garfield County; C. The subject property is located in Study Area. 2 of the Garfield County Comprehensive Plan of 2000 as amended, is designated as Outlying Residential (gross density of two acres per dwelling unit) and legally described in Exhibit B; D. The Planning Commission opened a public hearing on September 8, 2010 upon the question of whether the Combined Preliminary Plan and Final Plat Application should be approved, approved with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Application; 1 1111 111 ®1111 Reception#: 800397 03/22/2011 02:47:16 PM Jean erioo 3 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO A. The forgoing Recitals are incorporated by this reference as part of the Resolution. B. The Combined Preliminary Plan and Final Plat Application submitted by Roc Anthony and Mary Ann Gabossi for four lot subdivision is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicants shall include the following text as plat notes on the Final Plat: a. Control of noxious weeds is the responsibility of the property owner. b. Automatic fire suppression systems shall be installed in all new residences, including Accessory Dwelling Units (ADU) constructed in the development. The systems shall be designed to NFPA 13D or NFPA 13R standards The flow and control valves, on the systems shall be monitored by a fire alarm system that is monitored by an independent UL Listed Central Station monitoring company. c. A 20 to 30 foot defensible wildfire space shall be required around all structures. d. The Bowles Well (Permit No. 52966) and Bowles Well No. 2 (Permit No. 68856) shall be used for household use and not for irrigation. e. A minimum of 150 gallons of water storage and required booster pump to pressurize the house shall be required for each unit on Lots 2, 3, and 4 using the shared Bowles Well No. 2. The amount of necessary storage shall be confirmed by a professional engineer at the time of a building permit. 3. The seed mix to be used in the subdivision shall consist of the Colorado State Forest Service Native Grass "Fire Mixes" as identified under Tables 2 and 4. 4. The Final Plat shall describe all necessary easements for provision of utilities which shall be conveyed to the Homeowners Association (HOA) by deed prior to the signing of the Final Plat. 5. The property is located in the School District RE -1. As such, the Applicants shall be required to pay a fee in -lieu of School Land Dedication for the additional lots created. This fee shall be calculated and paid prior to the signing of the Final Plat. An appraisal of the property is required to determine the proper fee for payment. 6. The Final Plat shall also contain the name of the private road in accordance with Section 5-502 (5)(i)(1) of the ULUR. 7. The existing right-of-way on Lot 1 for the Williams Canal shall be shown on the Final Plat. The Applicants shall also provide the County with the irrigation 3 •III WMI KAi+ ',OI PfiiC4 • Reception#: 800397 03/22/2011 02:47;16 PM Jean R14!►rico 5 of 9 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO 0 • 16. Prior to signing of the Final Plat, the Applicants shall obtain a building permit including an issuance of a Certificate of Occupancy for the ADU on Lot 1. 17. Prior to the signing of the Final Plat, the Applicants shall transfer sufficient water rights to the HOA to meet the representation of legal water supply. Water transferred shall be consistent with the State Department of Natural Resources — Division of Water Resources letter prepared by Craig Lis dated August 4, 2010. 18. The existing pond is shown within the CDOT right-of-way. The Applicants shall obtain an encroachment license from CDOT to allow for the existing pond to be within the CDOT right-of-way. This agreement shall be provided to the County prior to Final Plat approval. 19. The Applicants shall show on the Final Plat an access and maintenance easement for the existing users or ditch company of the Williams Canal prior to Final Plat approval. 20. The Applicants shall add a head gate and divider/measuring device on the Williams Canal to the improvements to be constructed under the terms of the Subdivision Improvement Agreement. 21. The Applicants shall upgrade the perimeter fence to a 36" woven wire fence, with two strands of barbed wire at the top and add this upgrade to the improvements to be constructed under the terms of the Subdivision Improvements Agreement. 22. The Applicants shall legally record, in order, the 2001 (Reception No. 791617) and 2004 (Reception No. 791618) agreements and the 2010 amendment between Gabossi and Wagner. This shall be done before recording the Declarations of the Subdivision and the Final Plat; 23. The Applicants shall include in the Subdivision's Declarations, the assurance of the rights of all lot owners to the storage water right for well augmentation purposes from the Bowles Pond on Lot 1 related to domestic use and fire protection. The Applicants shall assign to the HOA applicable storage rights for augmentation and fire protection under District Court Case No. 97CW 162, consistent with the agreements identified in Condition No. 22 above. The Declarations shall also include assignment of pond maintenance responsibility to the HOA. 24. The owner of Lot 1 retains the right to use the Bowles Pond for fish culture, livestock and wildlife watering, consistent with the rights of the adjacent property owner identified in the 2004 Gabossi and Wagner agreement identified in Condition No. 22 above. The Applicants shall include a Plat note in addition to those included in Conditions No. 2 and 14 above, as follows: The owners of Lots 2, 3, and 4 have only storage rights to the Bowles Pond for augmentation and fire . !lil ! `i Pciretir Nl , 11111 Reception#: 800397 03/22/2011 02:47:16 PM Jean klberico 7 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • • 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 Resolution is truly copied from the Records of the Proceeding 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. 2011 County Clerk and ex -officio Clerk of the Board of County Commissioners 7 1111 Pliii nNViNV ICF,I00'I4k,iiiiiH»i 11111 - Reception#: 800397 03/22/2011 02:47:16 PM Jean Rlberico 9 of 9 Rec Fee -$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B • • A tract of land being situated in the NW1/4 of Section 35, Township 5 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado, said tract of land being described by metes and bounds as follows: Beginning at a point from whence the North'/ corner of said Section 35 bears N.45°21'31"E. 855.56 feet, said North X corner being an iron pipe with an aluminum cap PLS No. 15710 being found in place; Thence S.26°31'06"E. 55.72 feet; Thence 5.26°11'52"W. 62.99 feet; Thence 5.11°39'34"W. 51.69 feet; Thence 5.37°28'23"W. 80.15 feet; Thence 5.49°48'42"W. 68.45 feet; Thence 5.22°37'14"W. 167.65 feet; Thence 5.04°15'08"E. 209.64 feet; Thence 5.40°24'52"W. 63.16 feet; Thence S.23°42'17"W. 160.96 feet; Thence S.34°01'36"W. 250.32 feet; Thence S_28°03'51"E. 69.80 feet; Thence 5.02°38'42"W. 276.57 feet to a point on the Northerly Right of Way Of Colorado State Highway 6; Thence along said Northerly Right of Way the following five (5) courses: 1) Thence 358.13 feet along the arc of a curve to the left having a radius of 2010.00 feet, a central angle of 10°12'31" and sub -tending a chord which bears N.721.7'01"W. 357.65 feet; 2) Thence S.13'12'00"W. 50.00 feet; 3) Thence 270.72 feet along the arc of a non -tangent curve to the left having a radius of 1960.00 feet, a central angle of 07°54'49" and sub -tending a chord which bears N.81°21'35"W. 270.50 feet; 4) Thence N.85°19'00"W. 368.00 feet; 5) Thence 109.74 feet along the arc of a curve to the right having a radius of 5680.00 feet, a central angle of 01°06'25" and sub -tending a chord which bears N.84°45'48"W. 109.74 feet; Thence departing said Northerly Right of Way and along that line as described in document recorded in Book 491 at Page 790 the following courses: Thence N.23°00'10"E. 85.51 feet; Thence N.33°41'22"E. 273.31 feet; Thence N.10°41'01"E. 126.20 feet; Thence N.18°00'46"E. 102.71 feet; Thence N.89°42'59"W. 34.78 feet; Thence N.45'44'37"E. 194.88 feet; Thence N.23°33'14"E. 128.60 feet; Thence N.37°48'14"E. 135.68 feet; Thence N.04°22'29"E. 85.53 feet; Thence 5.50'44'37"E. 38.18 feet; Thence S.37°33'49"E. 59.61 feet; Thence 8.35°15'19"E. 161.50 feet; Thence 5.31°52'13"E. 130.89 feet; Thence 5.26°55'22"E. 62.07 feet; Thence S.20°42'31"E. 84.87 feet; Thence N.45°21'31"E. 1000.98 feet to the Point of Beginning. Containing 20.22 acres, more or less.