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Home My WebLink About4.0 Resolution 97-50STATE OF COLORADO County of Garfield } )ss } 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 19th of May A.D. 19 97 , there were present: Marian I. Smith John Martin Larry McCown Don DeFord Mildred Alsdorf Chuck Deschenes , 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. g 7 - 5 p A_RESOLUTION_ CONCERNED_ WITH_ TIS -APPROVAL OF A- PRELIMINARY PLAN- FOR THE LONG SUBDIVISION. WHEREAS, BERNARD, MARTHA & KEVIN LONG, have filed an application with the Board of County Commissioners of Garfield County, for consideration of a Preliminary Plan for the Long Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Long 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 and public notice and posting were provided as required by law for the hearing 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 the hearing; 11111111111111111111111 11111 111111111111111111111111111 508533 05/21/1997 11:56A 81019 P272 447 1 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER a27.2- 3 . That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plans for the unincorporated area of the County; 4. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended; 5. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations; 6. That the Garfield County Planning Commission recommended approval of the Preliminary Plan; 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 Long 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 meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, water supply, drainage, irrigation ditches, access, utilities, etc. 3. The applicant shall prepare and submit a Subdivision Improvements Agreement addressing all on-site improvements, prior to the submittal of a final plat. 4. That the applicant shall submit $200.00 in School Site Acquisition Fees, per lot, for the creation of the new parcel, prior to authorization of the final plat. That the following plat notes shall be included on the final plat: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." 111111111111111111111111111111111111111 11111111111 Lll1 508533 05/21/1997 11:56A B1019 P273 447 2 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER "Soil conditions on the site will require engineered septic systems and may require engineered building foundations." "The individual lot owners shall be responsible for the control of noxious weeds." That the final plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 7. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted. 8. The water rights associated with the well, together with well permits, and irrigation rights from the Williams Ditch #2 shall be transferred by the developer to a homeowner's association which shall have the power and the duty to enforce compliance by lot owners with the terms and conditions of the well permit. Appropriate Protective Covenants shall further require compliance with the terms and conditions of the well permit. The applicant shall consult with the Road and Bridge Department and shall receive any required driveway permit, prior to approval of a final plat. 10. That the following provisions be included in the protective covenants governing the subdivision: One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 11. That prior to final plat, the applicant shall attempt to resolve the access to Lot 2, by obtaining a minimum, 30 foot right-of-way across adjacent, westerly land and shall provide written proof of this attempt, to the Planning Department, and its results. 1111111 11111111111111111111111111111111 111 1111111111111 308833 03/21/1997 11:58A B1019 P274 447 3 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER Dated this 19th day of May , A.D. 19 97 . ATTEST: Cl rk of the Board' GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon Ynotion duly made and seconded the foregoing Resolution was adopted by the following vote: Commissioner Chairman Marian I. Smith , Aye Commissioner John F. Martin ,Aye Commissioner Larry R. McCown .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 111111111111111111111111111111111111111 111 1111111111111 508533 05/21/1997 11:SBA B1019 P275 447 4 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER Legal Description Ail that part of the Northwest One -Quarter of the Northeast One -Quarter (NW 1/4 NE 1/4) and the Southwest One -Quarter of the Northeast One -Quarter (SW 114 NE 1/4) lying southwesterly of the center line of Garfield Creek. Also that part of the Southwest One - Quarter of the Northeast One -Quarter (SW 1/4 NE 1/4) described as follows: Beginning at the intersection of the center line of Garfield Creek and the East line of the SW 1/4 NE 1/4; thence North 108 feet; thence West 609 feet more or less to the center line of said creek; thence in an easterly direction along the center line of said creek to the Point of Beginning, All in Section 32, Township 6 South, Range 90 West of the 6th P.M. in Garfield County, Colorado. Together with ail easements or rights of way appurtenant to or used with said parcel. Together with all of grantors' interest in and to: (") 74.52 cubic feed per minute of time (being 552.41 gallons per minute of time) of water out of priority No. 172 H in the Williams #2 Ditch out of Garfield Creek. Together with all ditches and/or easements or right of way used therewith. (2) The unadjudicated spring providing domestic water to the residence known as 770 312 Road, New Castle, Colorado, located on the parcel described above. 111111 11111 111111 11111 11111 111111 11111 111 Hill 1111 1111 50 533 05/21/1997 11:56A B1019 P276 447 50 5 of 5 R 0.00 D 0.00 N 0.00 figRFIELD COUNTY CLER