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HomeMy WebLinkAbout5.0 Resolution 92-043I lE3'$"'aH/fso 0r cL0cKiII LDRED P.n. t4AY 12 1992 ALSD0RFT C0UNTY CLSRK Boor< 831 PAcE363 STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garlield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs s1 Monday ,1hs llthof May A.D. 19 92 , there were present: Arnold L. Macklev , Commissioner Chairrnan Elmer (Buckev) Arbanev , Commissioner Marian I. Smith Commissioner County Attorney Clerk of the Board County Administrator and done, to-wit: 92-O43 I)an f'taF arri Mildred Alsdorf Chuck Deschenes ) )ss ) when the following proceedings, among others were had RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR WOODEN DEER SUBDryISION. WHEREAS, Carbondale Land Development Corporati,on has I'rled an application with the Board of County Commissioners of Garheld County for approval of a Preliminary Plan for Wooden Deer Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Wooden Deer 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 hnds 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 wereextensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. That the Garheld County Planning Commission recommended approval of the Preliminary Plan. 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. 2. 3. 4. Boor( 831 Pact364 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 sognd planning and engineering requirements of the Garheld County Subdivision Regulations. That the Board approved a Variance to road grade standards as authorized in Section 9:37. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 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 Garheld County. NOW, THEREFORE, BE m RESOLVED that the Preliminary Plan of Wooden Deer Subdivision for the following described unincorporated area of Garflreld County be approved with the following conditions: 1. That all representations of the applicant, either within the application or stated at the public hearings belore 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 E Subdivision lmprovements Agreement addressing all on-site improvements, prior to the submittal of a Final Plat. 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 proposed utilities shall be placed underground. That all cut slopes created during construction shall be revegetated with native glasses and shrubs with adequate weed control. AII revegetation shall be in accordance with the applicant's revegetation plan. Revegetation and landscaping shall be included in the Subdivision [mprovements Agreement. In addition, adequate security shall remain in place for a period of two (2) years to guarantee the survival of all plantings. 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. That the applicant shall pay $200 per lot in School tmpact Fees prior to the approval of the Final Plat. That the following plat notes shall be included on the Final Plat: 5. 6. 7. 8. 3. 4. 5. 6. 7. 8. 9. a. Doort 831 Ptot365 The recommendations of the Colorado State Forester wildhre prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) shall be followed in the construction of all structures. The Architectural Committee will consider the guidelines in the most current wildfire publication by the Colorado State Forest Service when reviewing proposed structures. Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan 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. Certain lots may require pumps to increase residential water pressure. Prior to the approval ol the Final Plat, the Applicant shall submit an approved augfnentation plan providing foralegal watersupply fortheWooden DeerSubdivision development. Said augmentation plan, together with the Basalt Water Conservancy District Water Allotment Contract and the water rights associated with the wells, together with well permits, shall be translerred by the developer to a Homeowner's Association which shall have the power and the duty to enforce compliance by lot owners with the terrns and conditions of the augmentation plan. Appropriate Protective Covenants shall further require compliance with the terms and conditions of the augmentation plan. 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. That the plat and covenants will provide that there will be no re-subdivision of the lots. That all roadways shall be constructed in accordance with the desigu standards in eflect at the time of submittal of the Final Plat with the approved variances. That adequate easements for wells, waterlines and other attendant facilities shall be provided on the Final Plat. Easements for utility purposes, acceptable to Holy Cross and suflicient to supply each lot within the subdivision with services, will be supplied by the applicant. The applicairt shall provide road signage in accordance with the Uniform Manual of Traffic Control. These should be included in the Subdivision Improvements Agreement. The applicant shall provide copies of quit claim deeds from adjacent land owners. The applicant shall provide an arcss easement from John Powers to the Homeowner's Association authorizing public access to the subdivision prior to the submittal of the Final Plat. Provisions lor usage and maintenance of this easement should be addressed in the covenants. The applicant shall provide a non-access easement on those lots abutting C.R. 104 tor the purpose of restricting all but emergency access onto C.R. 104. b. c. 10. lt. t2. 13. 14. 15. 16. t7. 18. 19. r 20. Boot( 831 PtoE366 The applicant shall provide an access easement from C.R. 103 to the subdivision boundary from the Martin's for emergency ingress/egress. This easement should be granted to the Homeowner's Association. Provisions forusage and maintenance of this easement should be addressed in the protective covenants. Prior to the approval of the Final Plat, the applicant shall submit approved plans (by Colorado Department of Health) lor the proposed community water system. All requirements of the Road and Bridge Deparhnent contained in theirmemo shall be considered conditions of approval. The following items shall be incorporated into the protective covenants: A. TheWooden DeerArchitectural Committee shall follow the recommendations of the Colorado State Forester wildfire prevention guidelines, specified by the pamphlet "Wildfue Protection in theWildland Urban lnterface" prepared by the' Colorado State Forest Service (C.S.F.S. #142-691) attached hereto as Exhibit B, wherever practical, in granting approvals for construction of residences and otherstructuressubmittedtoitforapproval. TheArchitecturalCommitteeshall incorporate the guidelines set forth in that pamphlet into the plans approved for lots in the subdivision to protect the subdivision, and all of the buildings constructed therein, from the danger of wildfire. The Architectural Committee will consider the guidelines in the most current wildhre publication by the Colorado State Forest Service. No shake or "treated" shake roofs will be allowed in the subdivision. Non- reflective metal roofs or other fire resistent roofs will be required. Siding of all structures shall be either, l) constructed of fire retardant materials, or materials "treated" to be fire retardant, or 2) have an internal sprinkler system for Iire protection. B. No structures or improvements, other than fences, shall be constructed within those shaded areas which contain 40 percent or greater slopes shown on the map attached hereto as Exhibit A and incorporated herein by this reference, which areas shall remain as open space. Pre-approved points for building sites for the primary dwelling structures for each lot are identified on the Final Plat and monumented on the property. Site review by the Architectural Committee for the primary dwelling structure is not necessary so long as the structure, excluding open porches, decks, carports, and garages, is over the identified point at some location, subject to County setback requirements. Site locations for the primary dwelling structures which are not overthe pre-approved point must be reviewed by the Architectural Committee. Sitelocations aresubject to the recommendations citedin theletterofJim Soule, State Geologist's Office of March 4, 1992. 1) Firenlaces: No more than one (l) open woodburning lireplace and no more than one (l) Colorado Certified woodburning device may be allowed per lot. Fireplace uses may not be translerred lrom one lot to the next. Gas-burning hreplaces shall be encouraged and allowed within the subdivision. 2) Ftomestic Animals: Except asexpressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be 2t. 22. 23. 3) Doort 831 PAoE367 promulgatecl by the Board of Directors. No farm animals shall be permitted to be boarded within the subdivision. A lot owner shall be entitled to keep a maximum of one (1) mature dog on his property. A mature dog shall be considered to be any dog older than four (4) months old. All mature dogs shall be neutered. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced", kenneled, or housed at all times. Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennels shall be subject to review of the Architectural Committee. The Homeowner's Association shall have the right to assess and enforce penalties against owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an owner's dog and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) foreach subsequent violation suchthat the fine increase in Fifty Dollar ($50.00) increments foreach succeeding violation. Should any dog be caught chasing or molesting deer, elk, poultry, or any domestic animals, the Homeowner'S Association shall be authorized to prohibit the property owner lrom continuing to maintain the offending animal on his property and may dispose olthat animal, if necessary, to protect wildlife or other owners' domestic animals. Areas where an owner keeps any animals shall be kept reasonably clean and lree of refuse, insects, and waste at all times. No commercial animal breeding activities of any kind shall be perrnitted within the subdivision. Notwithstanding the foregoing, no animal(s) may be kept within alot or the residences which, in the good-faith judgement ol the Board of Directors, result(s) in any annoyance or are obnoxious to residents in the vicinity or to lot owners within the subdivision. Accessory llses: An attached accessory use shall be permitted to be constructed along with each single-family residence subject to Garlield County Regulations and Architectural Control Committee review. tn the event such a use is approved, the accessory use shall not exceed seven hundred f-rfty (750) square feet in size, exclusive of open porches, decks, carports, and garages. The square footage of the unit shall not be included in the minimum or maximum amounts of square footage for residences as provided in Paragraph III (l), above. If approved, accessory uses shall be used only in association with the principal residential use of each lot and may under no circumstances be rented either short or long term. Dated this t t rtr day ATTEST: of Boort 831 PAGE368 A.D. 19 e2 GARFIELD COUNTY BOARD OF COMMISSTONERS, GARFIELD COUNTY, COLORADO f- <*-a<- Chairman , Upon motion duly made and seconded the foregoing Resolution was adopted by the following Arnnl dl I. Mank] av nlmer (Buckey) Arbanev , Marian I. Smith Aye Aye Aye STATE OF COLORADO County of Garf-reld I,,CountyClerkandex.offrcioClerkoftheBoardofCounty Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records ol the Proceeding of the Board of County Commissioners for said Garheld County, now in my off-rce. IN WITNESS WHEREOF, I have hereunto set my hand and aflixed the seal of said County, at Glenwood Springs, this - day of A.D. l9_. County Clerk and ex-offrcio Clerk of the Board of County Commissioners ) )ss )