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Home My WebLink About4.0 Resolution 98-821 lilll ILII i1IIII 1111 hill 111111111111 111 11111 Ilii 1111 532674 09/23/1998 01.50P B1089 P912 MI ALSDORF. •1 ti 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield qua At a 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 21st of September, A.D. 1998, there were present: Marian Smith Larry McCown John Martin Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9 8 - 8.2- A 2 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE LACY PARK SUBDIVISION WHEREAS, LACY PARK, LLC has filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the Lacy Park Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Lacy Park Preliminary Plan 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. L 17 111111111111111111111111111111111111111111111111111111 532674 09/23/1998 01 50P 81089 P913 M ALSDORF 2•of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • 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. 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 landonforms 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 Lacy Park Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. All representations of the applicant, either within the application or stated at the public hearings before the Planning Commission shall be considered conditions of approval unless otherwise state by the Planning Commission. 2. This subdivision is a residentially zoned subdivision and any commercial/industrial use will be subject to public hearings and require approval of a special or conditional use permit. Additionally, not more than one principal use is allowed on any lot. 3. A Final Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lot, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities, and include the following plat notes: "Soil conditions on the site require engineered septic systems. As a part of any building permit application, a site specific individual sewage disposal system design by a registered professional engineer in the State of Colorado, shall be submitted with the building permit application." "All buildings shall submit engineered plans for the footers/basements consistent with the recommendations contained in the geotechnical report prepared by CTL/Thompson, Inc., dated 4/30/98 and identified as Job No GS -2354." "The area surrounding the properties in this subdivision is agricultural in nature and some agricultural practices may not be compatible with rural residential land uses, but the agricultural use has priority over the residential use." "Control of noxious weeds is the responsibility of the property owner." "All construction shall be consistent with USFS Wildfire Prevention Guidelines." i 11111111111111111 ilii hili 11111 iiiiii iii 11111 11111111 532674 09/23/1998 01:50P B1089 P914 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO ' "No open hearth solid -fuel fireplaces will be allowed; each dwelling unit or building will be allowed one(1) new wood -burning stove as defined 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 included in the protective covenants." "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." "The potable water supply for this subdivision is substandard and requires treatment by a reverse osmosis process to eliminate potential radioactive and other impurities. It will be the responsibility of the homeowners association to inspect and maintain individual systems on an annual basis." 4. City water is required for the development, if it is possible to get the water to the site with adequate pressure. If City water is not available, the covenants shall require the annual inspection of each individual water treatment system by a licensed water treatment operator acceptable to the County Engineer, at a cost to the homeowners association. The licensed operator will certify in writing that the systems are functioning as designed and that the water quality meets public water supply standards. It should also be noted in the covenants that the water has radioactive contamination that requires specific treatment to remove the impurity. 5. That prior to the approval of a fmal plat, the Rifle Fire District will approve the design and location of the proposed pond for fire protection water. The proposed pond will be enclosed by a fence, at least six (6) feet in height. 6. If City water is not provided, the water system shall be designed to centralize all of the reverse osmosis treatment systems around the well head and develop covenant restrictions consistent with the recommendations of the Garfield County Engineer in a September 9, 1998 memo. Dated this 22 day of September , A.D. 19 98 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman 111111 11!II111111IIII11III 11III1111111III11III MI 1111 • 532674 09/23/1998 01 50P B1089 P915 M ALSDORF . • 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMTSSTONFR CHATRMAN MARTAN I. SMTTH ,Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER JOHN F. MARTIN ,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 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 zAc y 111111111111 HllI1 Ilii IIIII 11111111111 III 1111111111111 532674 09/23/1998 01:50P 61089 P916 M ALSDORF '5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. INTERSTATE HIGHWAY NO. 70, WHENCE THE NORTHWEST CORNER OF SAID SECTION 23 BEARS S 87'47'24" W, 3995.88 FEET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING EIGHT (8) COURSES: 1 N 67'34'43" E 373.33 FEET; 2 N 72'43'30" E 564.60 FEET; 3 S 82'13'30" E 405.90 FEET; 4 S 71'46'00" E 343.60 FEET; 5 ALONG A TANGENT CURVE TO THE LEFT. HAVING A CENTRAL ANGLE OF 32'00'00" A RADIUS OF 327.50 FEET, AN ARC LENGTH OF 350.46 FEET AND OF WHICH THE CHORD BEARS S 87'46'00" E. 313.20 FEET; 6) ALONG A NON -TANGENT CURVE TO THE LEFT. HAVING A CENTRAL ANGLE OF 57'37'50", A RADIUS OF 325.00 FEET, AN ARC LENGTH OF 326.90 FEET AND OF WHICH THE CHORD BEARS N 47'19'00" E. 313.20 FEET; 7) N 86'20'00" E. 767.70 FEET; 8) S 89'35'00" E. 301.50 FEET -TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE LEAVING SAID SOUTHERLY HIGHWAY R.O.W. LINE, ALONG A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 08'38'47", A RADIUS OF 2815.00 FEET, ANA RC LENGTH OF 424.81 FEET AND OF WHICH THE CHORD BEARS S 56'04'14" W, 424.41 FEET; THENCE N 86'13'14" W. 2501.87 FEET TO THE POINT OF BEGINNING. CONTAINING 21.777 ACRES, MORE OR LESS.