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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form ..014 GENERAL INFORMATION (To be completed by the applicant.) > Subdivision Name: Valley View Village, Lot 46 Building I > Type of Subdivision (check one of the following types): Sketch Plan _ Preliminary Plan Final Plat > Name of Property Owner (Applicant): Darter, LLC ➢ Address: 786 Valley Court x Telephone: 970-523-5555 > City: Grand Junction State: co Zip Code: 81505 FAX: 970-523-0103 > Name of Owner's Representative, if any (Attorney, Planner, etc): David McConaughy, Leavenworth & Karp, P.C. 201 14th Street, Suite 200 ➢ Address: P.O. Drawer 2030 > City: Glenwood Springs State: Telephone: 970-945-2261 Co Zip Code: 81602 FAX: 970-945-7336 > Name of Engineer: Ron Weidler, High County Engineering ➢ Address: 1517 Blake Ave., #101 Telephone: 970-945-8676 ➢ City: Glenwood Springs State: CO Zip Code: 81601 FA)(: 970-945-2555 ➢ Name of Surveyor: High County Engineering > Address: 1517 Blake Ave., #101 Telephone:970-945-8676 > City: Glenwood Springs State: co Zip Code: 81601 FAX: 970-945-255 > Name of Planner: Land Design Partners > Address: 918 Cooper Ave. Telephone: 970-945-2246 > City: Glenwood Springs State: co Zip Code: 816o1 FAX: 970-945-406C GENERAL INFORMATION continued... > Location of Property: Section 18 Township 7 South Range 95 West > Practical Location / Address of Property: 0111,0113.0117, 0119 Angelica Circle, Parachute (Battlement Mesa.), CO > Current Size of Property to be Subdivided (in acres): > Number of Tracts / Lots Created within the Proposed Subdivision: > Property Current Land Use Designation: 1 Property's Current Zone District: MDR 2. Comprehensive Plan Map Designation: Study Area 3 Proposed Utility Service: > Proposed Water Source: Battlement Mesa Consolidated Metro�litan District > Proposed Method of Sewage Disposal: Sanitary Sewer System > Proposed Public Access VIA: Valley View Drive 50' private access ingress, egress, emergency Utility: access, utility and drainage easement Ditch: > Total Development Area (fill in the appropriate boxes below): > Easements: (1) Residential Units / Lots Size (Acres) Parking Provided Single -Family uplex Multi -Family 4 units oble .Hope' yes Total Floor Area (sq. ft) Size (Acres) Parking Provided (2)Commercial (3) "lIridustrial (4) Public%`.i uasi-Public (5) Open: Space !Common Area Total > Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on check sent separately > Plat Review Fee (see attached fee schedule) 2 LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH EDWARD B. OLSZEWSKI SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK c LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14TH STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 crf@lklawfirm.com x`10 March 2, 2005 CASSIA R. FURMAN MAS® ,.`f Mark Bean, Director 5V11:0"°"°`� Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Re: Valley View Village, Building I Final Plat Dear Mr. Bean: Attached please find three copies of the Final Plat for Valley View Village, Lot 46, Building I as well as the County's subdivision application form. The applicants sent a check in the amount of $200.00 for this building separately. We will produce mylar copies of the plat for recording at such time as the County approves its form and content. Please contact our office if you have any questions or comments regarding this submittal. Very truly yours, LEAVENWORTH & KARP, P.C. Cassia R. Furman Enclosure: Building I final plat, subdivision application form cc: Terry Lawrence 1 x \2005 \CI iaus\Grace-1238 \Letters \Bean-2.wpd LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH EDWARD B. OLSZEWSKI SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK CASSIA R. FURMAN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14TH STREET, SUITE 200 P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 crf@lklawfirm.com RECEIVERh 30, 2005 MAR 3 1 2005 GARFIELD COUNTY BUILDING & PLANNING Fred A. Jarman, AICP Assistant Planning Director Garfield County Building and Planning Department 108 8' Street, Suite 201 Glenwood Springs, CO 81601 Re: Valley View Village Buildings I and H Dear Fred: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Va Facsimile and US Mail This letter serves as a response to your letters dated March 30, 2005 concerning Valley View Village, Lot 46, Buildings I and H. As the comments for both townhome plats are similar, I am addressing them together. High Country Engineering is also in receipt of your letters, and they will be resubmitting the plats with necessary changes shortly. 1. Private Driveways. The private driveways within the multi -family lots shall be repaired and maintained by the Valley View Village Townhome Association, as specified in the Supplemental Declaration of Covenants, Conditions, and Restrictions for Valley View Village Townhomes (the "Declaration") recorded with the Garfield County Clerk and Recorder as Reception No. 661556. The driveways are Common Elements, defined in Paragraph 2.1 as "all portions of the Valley View Village Townhomes portion of the Subdivision other than Units," and designated for the common use and enjoyment of all Townhome Unit Owners. Paragraph 3.4 of the Declaration provides that the Townhome Association shall operate and maintain all Common Elements. As a reminder, Garfield County previously approved the townhome plat for Lot 46, Building K with the same protective covenants. 2. Ownership. Attached please find a Warranty Deed dated December 11, 2003 and recorded in the office of the Garfield County Clerk and Recorder as Reception No. 643046 conveying Lot 46, Tracts B, C, D and E from Edward J. And Ida Lee Hoagland to Darter, LLC. The land underlying Buildings H and I is subject to this Deed. Mr. Terry Lawrence, President, will sign the plats on behalf of Darter, LLC. I.\2005\Clients\Grace-1238\LettersV arman-I. wpd LEAVENWORTH & KARP, P.C. Page 2 March 30, 2005 High Country Engineering will address your remaining comments via amendments to the plats. Please contact David or myself with any comments or questions regarding these issues. We appreciate your consideration of the April 5th agenda deadline and look forward to finalizing the submittals as soon as possible. Very truly yours, LEAVENWORTH & KARP, P.C. Cassia R. Furman Enclosure cc: Terry Lawrence [:\2005\Clients\Grace-I238VxLLers\Jarman-I.wpd 111111111111111111111II 111 111111 FIRM 111111111111 643046 12/16/2003 10:08fl B1546 P976 M RLSDORF 1 of 1 R 6.00 D 29.13 GARFIELD COUNTY CO RECORD $6.00 WARRANTY DEED THIS DEED, Made this 11th day of December , 2003 , between EDWARD J. HOAGLUND AND IDA LEE HOAGLUND of the said County of GARFIELD DARTER, LLC. and State of COLORADO , grantor, and whose legal address is 786 VALLEY COURT GRAND JUNCTION, CO. 81505 of the said County of MESA and State of COLORADO , grantee: DOC FEE $29.13 WITNESSETH, That the grantor for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: LOT 46, TRACTS 8, C, D AND E VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA P.U.D. ACCORDING TO THE PLAT THEREOF RECORDED * AS RECEPTION NO. *. t -b 3 IOW 0 itt-i COUNTY OF GARFIELD STATE OF COLORADO Excepting, and reserving to the Grantors, any and all oil, gas and other mineral rights, but exclusive of any 'right of surface entry for exploration or exploitation. also known by street and number as: TBD, PARACHUTE, CO 81635 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 2003, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. TTNESS WHEREOF, the gra or has a 'tired this deed on the date set forth above. IDA LEE HOAGLUND State of COLORADO County of GARFIELD The f egoing by W My commis ) ss. edge before me this 11th day of December , 2003 , IDA LEE HOAGLUND . Witn s my hand and officia seal. Notary Public File Na 01001219 Stewart Title of Glenwood Springs, Inc. No. 932A WARRANTY DEED (For Photographic Record) (Y932ANEW) Rev. 7/99 cq'10 RETURN TO: DARTER, LLC. 786 VALLEY CT GRAND JUNCTION, CO 81505 a��3 MAR. 30. 2005 3:11PM 1 LEAVENWORTH & KARP LOYAL E. LEAVEN W ORTH SANDER N, KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH EDWARD B. OLSZEWSKI SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBEItG MICHAEL J. SAWYER TERESA L. HOCK CASSIA R. FURMVIAN To: Phone: Fax: From: LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 147' STREET, SUITE 200 P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facaimilc: (970) 945-7336 NO. 314 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 FACSIMILE TRANSMITTAL SHEET Fred Jarman Garfield County Building & Planning Department 945-8212 3844963 3'O» Cassia Furman *(Please direct all correspondence to ow Glenwood Springs Office) Date: March 30, 2005 Number of pages to be transmitted' 3 (including cover page) Document Description: Valley View Village, Lot 46, Buildings H and I Response REMARKS: NOTE: If you encounter any difficulty in receiving the total number of pages indicated above, PLEASE CALL (970) 945-2261 AS SOON AS POSSLBLE. Operator X ORIGINAL SENT BY U.S. MAIL, ORIGINAL NOT SENT THIS FACSIMILE TRANSMISSION IS STRICTLY CONFIDENTIAL AND IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY AND RETURN THE TRANSMISSION TO US AT THE ABOVE ADDRESS. THANK YOU. TAZ005\CbantMOraca-1231Mucm\Imann. 1.wpfl 'RECEIVED MAR 3 0 2005 GARFIELD COUNTY BUILDING & PLANNING MAR. 30. 2005 3:11PM LEAVENWORTH & KARP NO. 314 LOYAL E LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH EDWARD B. OLSZEWSKI SUSAN W. LAATSCH NICOLE D. OAR IMONE ANNA S. ITENHERQ MICHAEL 3, SAWYER TERESA L- HOCK CASSIA R. FURMAN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14TH STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 ergilklawilrm.com March 30, 2005 Fred A. Jarman, AICP Assistant Planning Director Garfield County Building and Planning Department 108 84' Street, Suite 201 Glenwood Springs, CO 81601 Re: Va v View Village Buildings] and H DENVER OFFICE:' WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 "(Please direct all correspondence to our Glenwood Springs Once) Via Facsimile and US Mail Dear Fred: This letter serves as a response to your letters dated March 30, 2005 concerning Valley View Village, Lot 46, Buildings I and H. As the comments for both townhome plats are similar, I am addressing them together. High Country Engineering is also in receipt of your letters, and they will be resubmitting the plats with necessary changes shortly. 1. PziYate Driveways. The private driveways within the multi -family lots shall be repaired and maintained by the Valley View Village Townhome Association, as specified in the Supplemental Declaration of Covenants, Conditions, and Restrictions for Valley View Village Townhomes (the "Declaration") recorded with the Garfield County Clerk and Recorder as Reception No. 661556, The driveways are Common Elements, defined in Paragraph 2.1 as "all portions of the Valley View Village Townhornes portion of the Subdivision other than Units," and designated for the common use and enjoyment of all Townhome Unit Owners. Paragraph 3.4 -of the Declaration provides that the Townhome Association shall operate and maintain all Common Elements. As a reminder, Garfield County previously approved the townhome plat for Lot 46, Building K with the same protective covenants. 2. Pwnership. Attached please find a Warranty Deed dated December 11, 2003 and recorded in the office of the Garfield County Clerk and Recorder as Reception No. 643046 conveying Lot 46, Tracts B, C, D and E from Edward J, And Ida Lee Hoagland to Darter, LLC. The -land underlying Buildings H and I is subject to this need. Mr. Terry Lawrence, President, will sign the plats on behalf of Darter, LLC. I;000ACIlmuiGram.1198LLeiicN. mu.l.rrpd MAR. 30. 2005 3:11PM LEAVENWORTH & KARP " LEAVENWORTH & KARP, P.C. Page 2 March 30, 2005 NO. 314 P. 3 High Country Engineering will address your remaining comments via amendments to the plats. Please contact David or myself with any comments or questions regarding these issues. We appreciate your consideration of the April 5°i agenda deadline and look forward to finalizing the submittals as soon as possible. Very truly yours, LEAVENWORTH & KARP, P.C. Cassia R Furman Enclosure cc: Terry Lawrence t.'20051a{m NYace-1336LLertrcVumm•c.Ype NEAR. 30. 2005 3:12PM LEAVENWOR H & KARP 4111.j Ilil! URI !! I!! P!!111I!!!ll! 1)11l!l, x!11Il! 643046 42/16/266, 10:0am 81346 P076 R ALSDORF 1 of 1 R 6.00 D 26.13 GARFIELD COUNTY CO fie) 0 0 0 .0 1 WARRANTY DEED TAD? DEED, Made this 11th day of DseBCbaar EDWARD J. BOAOLWID AND IDA LEI =ROUND , 2003 , between or the said County of CARFIELD and 6tata of COLORADO WATER, LLC. Whose legal address is 766 VALLSY COURT ORAND .TUNCTIOar, CD. 61202 of the 544 Deursty of 'ugh Aird an, or COLORADO , grew; WITN68BETN, That ate grantor torend in consideration of the coma Ten dollars and other good and valuable aonvideraeion DoI LARS, the receipt and aorficiaecy of which is hereby eeknowtedged, hoe granted, In/gained, told rend conveytd, dad by :hese pectate ddat grand. bargain, atti4 convey and oodles, von the 6rnnDea, kir heirs end aa,igii forever, ail the reel Property lonothcr wrth inepraysteente, K any, titrate, dying and being in (ire said Ca nt of GAitHIRLD and getout Colorado described de retain: LOT 46, TRACTS B, C, D AND S VALLEY vI116 VYLLAf}S SVBDIVISIODr IN BATTLE:RENT MESA P.V.D. ACCORDING TO TEE PLAT =ERROR MCCORDCO * AG RECEPTION 110. 11. stoner, �a RECORD WOO DCC TET $28.13 COUNTY OP GARFIELD STATE OF COLORADO Excepting. end reserving to the Grantors, any and all ail, gag and other mineral rights, but exclusive of any fight of surface entry for exploration or exploitation. ale* known bymoot annumber aatTan, r—ARACIOTE, CO 6t635 TOaETHEK with so and "Grant are horedladneats and appurtenance, thereto belonging. or in anywise appertaining, and bre : everCon acrd trweraida*, icmeinder and remainders. rents_ eases and profits Maeof, and all the estate, right, Ode. claim and demand what, power of the gamer, either In law at equity, of. in and to are above bargained predate', with the hereditamentv and appurtenances. TO HAVE AND TO HOLD the said premises .above sergatncd and described, with the appus.oewraes, unto Ow grantee, hag hetm nod snips forever. And the grantor, for himself, hie halts, and persona represenativet, dost covenant, stent, bargain, and whet m and with Ore granted, his heirs and aneigna, that ter tat Gree or ate cnaeelind and delivery of there presents, he is well edged of the premises above convoyed, sus good, sure, perlbct absolute and iadefbaatble estois or e dt*so, in saw. /tiles rlrryie. act an good right. full power nod lawful authority re scent bargain, ea and convey are sari in manner and firm at hforeaaid, sad that the Mme are free end altar (tome t former /did othaf giant, bargain, Was. 'lent, wxea, aitermanes, men: thrantes ar9 reatriofiona of whatever kind or nature soave:, except eas®tate, retitleiCtiorto, meeeryattoaer and rights OE Way of record, on situate and is use, sad real property taxes for the year 201:13, not yes 4ue or paya5le• The grantor ehala and will WailtitANTV AND PORBVEDt DEPEND the above.bargaieted greaten id the quiet and pcaeeable posaaseion of the grantee, Iia beim and angle, againrr GI and earthy person or persons !swung claitain( the whote or any parr thereof. The singunar member trailaa.`.e the plum. Ott peal the singular, and the use of any gender shall be applicable to ail gender*. TWIN CON21201, •, gra bee` rad tris deed x, the deer rest resit abavr. ARD J, 77.1rT; : _ • Mate or COLORADO cannry of EAARBIBLD chi byl M)1 commie IDA LER HOACLUWD :eg aro his ails 11th day of Deetae*ber , 2003 . IDA LASS HOAALurn MI Convoiweion Eap:,,: •a Alec etaGm, ereaart Tilled Glenwood *emir, ac.___.. No. MU Wa uAN1YDUDRnaR,vmwaw.g,,..diifa72 Wb kat. 73c << NO. 314 P. 4 RETURN TO: DARTER. LLC, Li 4i'2 786 VALLEY CT �i GRAND JUNCTION, CO 81505 i �13 1111111 11111 111111 11111 111111 1111111111111111111 1111 636574 09/15/2003 04:24P 81518 P822 M ALSDORF 1 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 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 Plaza Building, in Glenwood Springs on Monday, the 4th day of August, 2003, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2003 - 67 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR VALLEY VIEW VILLAGE PLANNED UNIT DEVELOPMENT, SUBMITTED BY DARTER, LLC. ON BEHALF OF EDWARD AND IDA LEE HOAGLUND WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Darter, LLC. on behalf of Edward and Ida Lee Hoaglund, property owners, to subdivide approximately 36 acres of land into 47 lots consisting of 119 units (single-, two- and multi -family dwelling units); and WHEREAS, the property subject to this resolution is described as a parcel of land in Township 7 South, Range 95 West of the 6th P.M., Section 18: SE '/ NE '/, except that portion conveyed to the Board of County Commissioners, Garfield County, Colorado, by instrument recorded in Book 561 at Page 675, Reception No. 310152; and WHEREAS, on June 11, 2003, the Garfield County Planning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Subdivision Preliminary Plan request; and WHEREAS, the Board held a public hearing on the 4th day of August, 2003, upon the question of whether the above described Preliminary Plan should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the Preliminary Plan; and ` �l (5. /w 6, 111110 111111141 1111111111D 11 11111111111111111111 111 636574 09/15/2003 04:24P 81518 P823 M ALSDORF 2 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 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 posting and public notice was provided, as required, for the hearing before the Planning Commission; 2. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. 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; 4. That the application is in conformance with the 1978 Garfield County Zoning Resolution, as amended; 5. That the application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the Preliminary Plan of the Valley View Village Planned Unit Development be approved subject to the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning Commission. 2. At the same time the First Final Plat is submitted, the Applicant shall submit an Exemption Plat for the created two tracts: 2 acres (owned by Garfield County) and 36 acres (the subject of this approval), which was approved by the County pursuant to Resolution No. 82-327. Upon approval by the Board, the Exemption Plat shall be recorded at the same time as the First Final Plat. 3. The Applicant shall modify the Protective Covenants to reflect the wildlife habitat mitigation measures recommended in the Wildlife Report dated August 18, 2002, prepared by Kirk Beattie of Beattie Natural Resources Consulting, Inc. in the Wildlife Report, and the recommendations of the Colorado Division of Wildlife as follows: A. Some details contained in the Wildlife Report ("Report") prepared by Beattie Natural Resource Consulting, are different than those proposed in the Covenants for the subdivision and shall be modified unless otherwise noted below. 1111111111111111111111111111111Mill 111 11111 11111111 11111 636574 09/15/2003 04:24P B1518 P824 M ALSDORF 3 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO B. On page 20 of the Report, garbage containers are addressed in a different manner than is proposed in Item 5.23 of the Covenants. The CDOW supports the language and intent in the Covenant. C. CDOW believes that controlling dogs per Item 5.13 of the Covenants is preferred over those measures proposed in the Report (page 20). D. Cats shall also be included in the Covenants. E. CDOW endorses the provisions of the Covenants to facilitate wildlife movement in the subdivision. F. Item 5.23 of the Covenants prohibits hunting. It will not be necessary to indemnify CDOW as proposed in the Report (page 20). G. CDOW agrees that the homeowners association should own and maintain the common open space. Maintaining wildlife cover and forage in the common open space will help to mitigate most of the negative impacts to wildlife associated with the project. The open space corridors should also be maintained in this manner. Proposing that individual lot owners manage the corridors does not assure that the area will remain productive wildlife habitat. H. Clarifying the discrepancies mentioned above and adding the CDOW suggestions into the Valley View Subdivision Preliminary Pian will mitigate most of the negative impacts to wildlife. 4. Prior to recording of the First Final Plat, the exchange of deeds for the 50' gas line by Public Service Company / Xcel Energy, the County and the landowners, shall be executed and recorded 5. Pursuant to section 4.09.01 of the Zoning Resolution, the Applicant shall begin development within one year from the time of final approval. 6. Prior to the recording of the First Final Plat, a copy of the annexation documentations shall be provided to the County. 7. The following geologic hazard mitigation measures shall be adhered, as well as Plat notes and in the Protective Covenants: A. The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech") outlined in the Preliminary Geotechnical Study for the Subdivision dated September 16, 2002, [Job No. 102 526] shall be adhered. These Preliminary Design Recommendations include provisions for foundations, floor slabs, under -drain system, site grading, surface drainage and pavement subgrade. B. In addition to the drain systems for foundations recommended by HP GeoTech, due to the presence of swelling clay soils, perimeter drains should be installed around foundations. Perimeter drains prevent excessive ground moisture from saturating the soils and thus reduce the overall potential for expansion or consolidation. 1111111 11111 1111 11111 111111 11 X111111111111111 1111 • 636574 09/15/2003 04:24P B1518 P825 M ALSDORF 4 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO C. Due to the possible presence of radon gas in the area, testing for radon gas shall be done when the residences and other occupied structures have been completed, prior to the issuance of a Certificate of Occupancy. D. Once the grading plan has been completed on site, the drainage report shall be updated to account for new cross-sectional profile of the drainage. If a new channel cross-section changes the flow velocities within the drainage, some type of slope reinforcement may be necessary to prevent erosion along the length of the fill slope. 8. Prior to the First Final Plat, the Applicant shall comply with the recommendations of the Garfield County Road and Bridge Department, dated April 2, 2003, listed below which are applicable at the First and applicable Final Plat. The remainder of these recommendations shall be incorporated within the Access Permit obtained from the Road and Bridge Department: A. The deceleration lane for the entrance to Valley View Drive from South Battlement Parkway shall have proper signage to indicate traffic exiting South Battlement Parkway. A stop sign shall be required at the exit from Valley View Drive onto South Battlement Parkway. B. On the downhill lane of South Battlement Parkway at the exit of Valley View Drive, a sign designating the intersection shall be installed. C. It was agreed upon during the site visit on April 10, 2003, that a deceleration lane from Stone Quarry Road was not needed for the entrance to Valley View Drive. D. A stop sign shall be required at the exit from Valley View Drive onto Stone Quarry Road. There shall be an intersection sign placed on both traffic directions of Stone Quarry Road warning of traffic entering and exiting from Valley View Drive. E. The cross walk on Stone Quarry Road shall be located as agreed to on the site visit (adjacent to Stone Quarry Road). A portion of the guardrail of Stone Quarry Road may be removed to accommodate cross walk. There shall be flashing lights and proper signage warning traffic traveling in both directions on Stone Quarry Road of the cross walk. This crosswalk shall be delineated on the First Final Plat. F. Proper work zone signage and traffic control shall be required for all work being performed on South Battlement Parkway and Stone Quarry Road and of construction vehicles entering and exiting project. G. All signage and flashing lights shall meet standards and installation guidelines as set forth in the Manual on Uniform Traffic Control Devices. H. Driveway access permits will be issued with provisions specific to the permits upon final approval of the subdivision. 9. Pursuant to section 9:34 of the Subdivision Regulations, all streets / roads within the subdivision shall be dedicated to the public, except those private driveways within the multi -family lots (i.e. Angelica Circle, Jessica Lane and Bryan Loop). HIP 1E11 111111 Ell 111111 11 1110 111 11111 1111 1111 • 636574 09/15/2003 04:24P 81518 P826 M ALSDORF 5 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO Repair and maintenance of these streets / roads shall be the responsibility of the incorporated Homeowners Association. This shall be reflected in the Protective Covenants. 10. The project shall provide for 9 acres of Common Open Space (25% of 36 acres) as required pursuant to 4.07.09 of the Zoning Resolution. 11. Prior to First Final Plat, as agreed upon by the Grand Valley Fire Protection District, the Applicant shall address and provid written confirmation that the items outlined in High Country Engineering's letter dated May 30, 2003 have been resolved as agreed upon. 12. Prior to the submittal of First Final Plat, the Applicant shall provide the following weed management information for review and approval by the Garfield County Weed Management Director: A. Noxious Weeds: i. Weed Management: The Applicant inventory list provided by the Applicant lists the presence of Diffuse knapweed and Plumeless thistle. These are weeds that should be treated immediately when found. Prior the Board of County Commissioner review of Preliminary Plan, the Applicant shall provide for noxious weed treatment and thus prevent seed production before any earthmoving commences. ii. Common area weed management: The Applicant shall designate weed management responsibilities for common areas, including roadsides, open spaces, and the asphalt bike / pedestrian trail. iii. Covenants: It is common for vacant lots in Battlement Mesa to become infested with Russian knapweed. Due to the number of lots, it creates a staffing problem for the County in attempting to conduct enforcement. The Applicant shall incorporate language in the covenants that will require vacant lot owners to manage noxious weeds under Colorado law. The Applicant shall provide language into the covenants that will give the Homeowners Association the authority and responsibility to access vacant lots with unattended county -listed noxious weeds for treatment costs. B. Revegetation: i. The revised Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: a). Plant material list. b) Planting schedule. 111111111111 111111 111 II111I II 1111011 11111 1111 1111 • 636574 09/15/2003 04:24P B1518 P827 M ALSDORF 6 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO c) A map of the areas impacted by soil disturbances (outside of the building envelopes). d) A revegetation bond or security shall be determined at First Final Plat and paid prior to First Final Plat submittal. ii. Prior to First Final Plat, the Applicant shall provide a plant material Iist. The Applicant shall provided detailed information with respect to Item 12(B)(i)(a-d) listed above. iii. Prior to First Final Plat, the Applicant shall submit a map that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. iv. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards in the County Weed Management Plan. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. C. Soil Plan: i. The Revegetation Guidelines also request that the Applicant provide a Soil Management Plan that includes: a) Provisions for salvaging on-site topsoil. b) A timetable for eliminating topsoil and/or aggregate piles. c) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 13. The proposed subdivision is located in the Garfield County Traffic Study Area 1. The total impact fee payment shall be determined prior to First Final Plat. The fee shall be calculated in accordance to section 4:94 of the Subdivision Regulations. Fifty percent (50%) of the road impact fees shall be collected at the submission of First Final Plat for the Subdivision. All other road impact fees will be collected at the issuance of a building permit. 14. The 20' Buffer, Pedestrian, and Utility Easement, approved as part of the Planned Unit Development, shall be delineated on the applicable Final Plat as such. The maintenance of the easement will be the responsibility of the Valley View Village Homeowners Association, which shall be reflected in the Protective Covenants. In addition, the Protective Covenants will restrict any development, i.e. fences, within this easement. 15. Prior to First Final Plat, the Applicant shall provide revised drawings, to be reviewed and approved by the County Engineer, of the detention facility which will be relocated on the east side of Valley View Circle within the PUD. 1111111 1E11 II111I 11111111111 11 111.1111 HI 636574 09/15/2003 04:24P 81518 P828 M ALSDORF 7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO • 16. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the First and applicable Final Plats: A. No building permits shall be issued for Lot 47 until such time this lot has been re -subdivided in accordance with standard subdivision procedures. B. All exterior lighting will be the minimum amount necessary and all exterior lighting will 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. C. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. D. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. seq., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. E. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. F. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. Dated this" gday of , A.D. 2003. • 111111! 11111 111111 11111 11111 11 AIR 11111111111111 636574 09/15/2003 04:24P B1518 P829 M ALSDORF 8 of 8 R 0.00 0 0.00 GARFIELD COUNTY CO i,iii71T1111T�TT,/ ATTE • , , .� �., GARFIELD COUNTY BOARD OF C.) "".'�'C� COMMISS SNE' S, GARFIELD Q COUNTY, COLO • DO T' .-' 1 •r �' Of the Board • • Upon motion duly made and seconded the fo ted by the following vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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. 2003 County Clerk and ex -officio Clerk of the Board of County Commissioners INTEROFFICE MEMORANDUM To: Fred Jarman, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Valley View Village, Building I - Review Date: 4/5/2005 Dear Fred, Upon review of the Valley View Village, Building I plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. There is no way to tie these units together using this plat. A distance between the units at the party wall would resolve this. VvIu. 2. Third tie to lot 46"solidify the position of this building. Once these comments have been addressed, the surveyor may prepare the mylar for record pending further requirements from your office. Sincerel Scott Aibner As Garfield County Surveyor cc Frank Harrington- High Country Engineering, Inc.