HomeMy WebLinkAbout08.0 Conditions of ApprovalGARFIELD COUNTY
Building and Planning
July 9, 1996
Mr. Lawrence Green
Delaney & Balcomb, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
RE: Levitt Subdivision Preliminary Plan
Dear Larry,
On Monday, July 8, 1996, the Board of County Commissioners conditionally approved your client's
Preliminary Plan application for the Levitt Subdivision located in portions of Sections 28 & 29, T7S,
R87W of the 6th P.M. The conditions that must be met and included within the Final Plat application
are as follow:
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 shall be incorporated in accordance with Colorado Revised
Statute requirements.
The applicant shall prepare and submit a Subdivision Improvements Agreement addressing
all on-site improvements, prior to the submittal of a final plat.
4. The applicants shall submit improvement plans for all roads, bridges, utilities, fire protection,
improvements, signage and drainage structures prior to the submittal of the final plat.
That all utilities shall be placed underground.
That all cut slopes created during construction shall be revegetated with native grasses, shrubs
and trees with adequate weed control. All revegetation shall be in accordance with the
applicant's revegetation plan and completed with certified, weed -free seed. Revegetation and
landscaping shall be included in the Subdivision Improvements Agreement. In addition,
adequate security shall remain in place for a period of two (2) years to guarantee the survival
of all plantings. Additionally, the individual lot owners shall be responsible for weed control.
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.
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
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:
"The 'Guidelines For Protecting Homes From Wildfires in the Levitt Subdivision"' be
included within the covenants of the Homeowner's Association. Additionally, 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
"Protection of Life and Property From Wildfire, 1991 Edition," (NFPA) shall be used to
determine defensible space requirements for the required defensible space within building
envelopes in areas exceeding five (5) percent grade, except that the slope setback shall be a
minimum of 50 feet, for all lots.
"Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils
and foundation report and an I. S.D. S. design prepared and certified by a professional
engineer. All improvements shall be constructed in accordance with such measures, which
shall be a condition of the building permit."
"Access to the Levitt Subdivision shall only be allowed from Harmony Lane and shall not be
allowed from Sunset Lane, so long as Sunset Lane remains a private road."
10. 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 which shall have the power and the duty to enforce compliance by
lot owners with the terms and conditions of the water contract.
11. That the applicants shall prepare and submit protective covenants, articles of incorporation
and other Homeowner's Association documents, including by-laws, will be submitted 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. Based upon the determination, by the Planning Commission, that the internal subdivision
roadway is in mountainous terrain, all roadways shall be constructed in accordance with the
design standards in effect at the time of submittal of the Final Plat, except that the roadway
shoulders will be two (2) feet in width.
14. The Final Plat shall identify building sites that are in conformance with the recommendations
of the geotechnical report conducted by Hepworth-Pawlak Geotechnical and be less than 40%
slope.
15. That adequate easements for wells, waterlines and other attendant facilities and utilities shall
be provided on the Final Plat. All proposed building envelopes shall be shown on the Final
Plat.
16. That 10 foot front lot line easements, on each lot, shall be provided for utility purposes.
17. The applicant shall provide road signage in accordance with the Uniform Manual of Traffic
Control. These should be included in the Subdivision Improvements Agreement.
18. Prior to the approval of the Final Plat, the applicant shall submit approved plans (by Colorado
Department of Health) for the proposed community water system.
19. The restrictive covenants shall include the "Aspen Glen" provisions regarding downcast
lighting, fire places and dog restrictions and further mandate specific procedures for
monitoring the water supply consistent with the recommendations made by the engineer and
contained within the engineer's letters dated April 2, 1996 and April 29, 1996.
20. That the applicant will improve Harmony Lane, from Wind River Road to County Road 102,
to Secondary Access standards including a chip/seal surface. This provision shall be
contained within the Subdivision Improvements Agreement.
21. The construction of the overflow from the proposed detention pond will be done in a manner
to affirmatively mitigate erosion that may be caused by the apparatus or anticipated water
flows.
22. Approval of this subdivision Preliminary Plan does not construe approval for any later phases
or associated developments on or off the subject property.
23. The applicant shall submit the appropriate impact fees directly to the Carbondale and Rural
Fire Protection District and provide the Planning Department a copy of the receipt, prior to
Final Plat approval.
24. That Accessory Dwelling Units shall only be allowed on lots 12 and 13 and livestock shall
only be allowed on lots 11, 12 and 13. These provisions and limitations shall be stated within
the protective covenants.
25. That the Homeowner's Association shall agree to pay its pro -rata share of ongoing
maintenance for Harmony Lane.
26. That individual land owners each develop a fire management plan, to be approved by the
Carbondale & Rural Fire Protection District, prior to building permit application.
27. That the Homeowner's Association and/or the Architectural Control Committee shall
specifically approve the finished color of the roofs of all structures.
If you have any questions regarding these conditions, please do not hesitate to call.
Sincer
Eric D. McCafferty
Garfield County Planner