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HomeMy WebLinkAbout4.0 Resolution 93-090H0(08771161847 RECORDED „4rLin /�C'CLOCK.M. OCT 0 7 1 93 REC tt qa)d4j5 MILDRED ALSDORF, COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) Ata regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 4th of October A.D. 19 93 , there were present: Elmer (Buckey) Arbaney , Commissioner Chairman Arnold L. Mackley , Commissioner Marian I. Smith , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-090 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE LARSH SUBDIVISION. WHEREAS, Ed Larsh has made application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the Larsh Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Larsh Subdivision 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 comments of the Garfield County Planning Department, 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. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. • • C� Bon 0877 n6; 848 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 Garfield County Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of the Larsh Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations of the applicant, either within the application or stated at the public hearings before the Planning Commission and the Board of County Commissioners shall be considered conditions of approval, unless stated otherwise by the Planning Commission and the Board of County Commissioners. 2. The Homeowner's Association, or legal equivalent, shall be incorporated in accordance with Colorado Revised Statute requirements. 3. The applicant shall prepare and submit a Subdivision Improvements Agreement addressing all on-site improvements. 4. The applicants shall submit improvement plans for all roads, bridges, utilities, fire protection, improvements signage, drainage and water impoundment structures prior to the submittal of the Final Plat. 5. That all proposed utilities shall be placed underground. 6. That the applicant shall demonstrate that procedures are established for the maintenance of all roadways and bridges, including snow removal, through the Homeowner's Association, or other appropriate legal entity. 8. That the applicant shall pay $200 per lot in School Impact Fees prior to the approval of the Final Plat. 9. That the following plat notes shall be included on the Final Plat: a. All residential structures shall be constructed consistent with the recommendations of the Preliminary Geotechnical Study prepared by Hepworth - Pawlak Geotechnical, Inc. (July 2, 1993). b. No open-hearth solid fuel devices will be allowed anywhere within the Larsh Subdivision. c. All dwelling units will be allowed an unrestricted number of natural gas -burning fireplaces or appliances. d. All dwelling units will be allowed one (1) new woodburning stove as defined by CRS 25-7-401 e s Q , and the regulations promulgated thereunder. • • e. Well permits are limited to household use only. 8OCWO877f' 849 10. Prior to the approval of the Final Plat, the applicant shall submit an approved well permits, consistent with the Basalt Water Conservancy Contracts, providing for a legal water supply for the Larsh Subdivision. The Basalt Water Conservancy District Allotment Contract and the water rights associated with the wells, together with well permits, shall be transferred by the developer to a Homeowner's Association, or legal equivalent, which shall have the power and the duty to enforce compliance by lot owners with the terms and conditions of the augmentation plan. Appropriate Protective Covenants shall further require compliance with the terms and conditions of the augmentation plan. 11. That the applicants shall prepare and submit protective covenants, articles of incorporation and other Homeowner's Association (or legal equivalent) documents including by-laws for review by the County Attorney prior to the approval of the Final Plat. 12. That the plat and covenants will provide that there will be no resubdivision of the lots. 13. That all roadways shall be constructed in accordance with the design standards in effect at the time of submittal of the Final Plat. 14. The final plat shall include the same unbuildable designations as shown on the Preliminary Plan, in conformance with the recommendations of the geotechnical report. This requirement shall be incorporated into the restrictive covenants. 15. That adequate easements for wells, waterlines and other attendant facilities shall be provided on the Final Plat. 16. Prior to the signing of a Final Plat, the applicant shall submit the County legal staff evidence that the applicant has a legal right to use the easement through the Burry property for all lots within the subdivision, consistent with County Roadway Standards. 17. One (1) dog will be allowed for each lot within the subdivision. 18. Proof of publication shall be tendered to the Planning Department to ensure consistency with noticing requirements as described in the Garfield County Subdivision Regulations. ( • • Dated this 4th day of October ATTEST: All / .--� C rk of the Board vote: ,A.D.1993 Boo O877+UE850 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman r Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney Arnold L. Mackley Marian I. Smith STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • • $ooO877 851 A Parcel of land situated in Lots 1 and 2, Section 4 0 and in tt�e NE4NE�, Section 19 all in Township 7 South, Range 88 West of the 6th P.M.,'lying Westerly of the Denver and Rio Grande Western .Railroad and Easterly of the center of the Roaring Fork River described as follows: Beginning at the Northeast Corner of that land described in Book 622 at Page 548 as Reception No. 339418, whence the point of •.beginning of said document bears S. 46°45'24" W. 148.69 feet and also whence the Witness Corner to the North Quarter Corner of said Section 20 bears: N. 21°42'45" E. 1414.36 feet; thence West 682.25 feet along the Northerly line of said document to a point in the center of said river; :thence N. 48°00'00" W. 136.10 feet along the center of said river; thence N. 64°45'00" W. 336.27 feet along the center of said river; thence N.,54°54'00" E. 1105.42 feet; ;thence 5.36°09'00" E. 805.50 feet along the Westerly right-of-way .of..said railroad; thence 'West 271.01 feet to a point on the Easterly line of the :Glenwood Ditch; ;.:thence S. 04°47'00" W. 223.72 -feet along the Easterly line of the :Glenwood Ditch to the point of beginning. COUNTY OF GARFIELD STATE OF' COLORADO 4. 51.