HomeMy WebLinkAbout09.0 Resolution 96-45495867 B-985 P-520 07/17/96 12:09P PG 1 OF 6 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE 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 Courthouse, in Glenwood Springs on
Monday , the 8th of July A.D. 19 96 , there were present:
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
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. 96-45
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR LEVITT
SUBDIVISION.
WHEREAS, THOMAS LEVITT has filed an application with the Board of County Commissioners
of Garfield County for approval of a Preliminary Plan for Levitt Subdivision;
WHEREAS, the Garfield County Planning Commission reviewed the Levitt 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.
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.
495867 B-985 P-521 07/17/96 12:09P PG 2 OF 6
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.
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 Levitt 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 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, prior to the submittal of a final plat.
The applicants shall submit improvement plans for ail- roads, bridges, utilities, fire- protettion,
improvements, signage and drainage structures prior to the submittal of the final plat.
5. That all utilities shall be placed underground.
6. 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.
7 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.
495867 B-985 P-522 07/17/96 12:09P PG 3 OF 6
8. That the applicant shall pay $200 per lot in School Impact Fees prior to the approval of the Final Plat.
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 Tess 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.
495867 B-985 P-523 07/17/96 12:09P PG 4 OF 6
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.
495867 B-985 P-524 07/i7/96 12:09P PG 5 OF 6
Dated this Jday of , A.D. 19
ATTEST:
Cls k of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
, Aye
, Aye
Aye
STATE OF COLORADO
)ss
County of Garfield
1, , 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, 1 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
495867 8-985 P-525 07/17/96 12:09P PG 6 OF 6
Legal Description: A parcel of land situated in the
SW1/4 of Section 26 and the SE1f4SE114 of
Section 29. Township 7 South, Range 87 West. of
the sixth Principal Meridian, County of Garfield,
State of Colorado; said parcel of land being more
particularly described as follows:
Commenung at the West center sixteenth corner
of Section 28. A 3 114° alum cap. LS 19598 in
place: thence S 03'2354• W 1358.55 feet to a
paint on the Southeast corner of that access
easement as described in Book 962 at Page 280,
recorded in the office of the Clerk and Recorder
of Garfield County, Colorado. TJ -IE TRUEfOINT
OF BEGINNING: thence leaving said southeast
corner, along the Southerly line of a 80.00 foot
access easement, as shown on the plat of Levitt
Subdivision, the following five (5) courses:
1. Along the arc of a curve to the right, having a
radius of 120.00 feet. a central angle of 77°47'32',
a distance of 162.93 feet (chord bears S 42°41'34"
W 150.70 feet).
2. 5 81'35'20' W 261.45 feet
3. Along the arc o1 a curve to the left, having a
radius of 220.00 feet a central angle o1 52°15'54°
and a distance of 200.68 feet (chord bears S
55°27'23° W 193.60 feet)
4. 5 29°1926' W 99.23 feet
5. Along the aro of a curve to the left. having a
radius of 280.00 feet. a central angle of 17°47'49'
and a distance of 86.97 feet (chord bears 5
38°13'21' W 86.52 feet) to a point on the northerly
line of a 60.00 foot access easement as shown on
said plat, thence leaving said Southerly line along
the-Nertherdy !iraaoG-nairi!°asen enter the f Sovruzg•
seven (7) courses:
1. S 36"43'42' E 100.68 feet
2. Along the are of a curve to the right, having a
radius of 400.00 feet, a central angle of 05°0952'
and a distance of 35.94 feet (chord bears S
34'09'16"E 35.93 feet)
3. 3 31'3460' E 76.62 feet
4. Along the arc of a curve to the left, having a
radius 01 170.00 feet, a central angle of 68°26'41'
and a distance of 203.08 feet (chard bears 5
65°48'11' E 191.22 feet)
5. N 79°58'28' E 155.83 feet
6. Along the arc of a curve to the left. having a
radius of 500.00 Leet. 5 central angle 0f 17°43'43'
and a distance of 154.71 feet (chord bears N
71'06'37' E 154.09 feel)
7. N 62°14'46° E 15.12 feet; thence leaving the
northerly line of said access easement S 03°23'54'
W 801.62 feet 10 a point on 1116 Southerly line of
Section 28: thence S 89°40'17' W along said
Southerly line 374.64 feet; thence continuing along
said Southerly Tine S 89°40'17' W 997.11 feet to
the Southwest corner of said Section 28; thence
S 8915'54• W along the Southerly fine of Section
29 1324.06 feet 10 the East sixteenth corner 0f
said Section 29 and Section 32; thence leaving
said southerly line N 03°37'23' E along the
Westerly line of the 581/458114 1376.57 feet to
Southeast sixteenth corner of said Section 29:
thence leaving said Westerly line N 89°27'43' E
1355.71 feet: thence N 04°53'47' E 14.54 feet,
thence S 69'50'52' E 489.40 feet; thence N
88°49'00' E 162.00 feet; thence $ 89°21'00' E
230.00 feet thence N 89'48'00' 5 174.98 feet:
thence S 69°0000' E 277.90 feet to DIE TRLIF
POINT OP BEGINNING; Said parcel of land
containing 79.456 acres. more or less,