HomeMy WebLinkAbout2.0 Resolution 92-043\
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STATE OF COLORADO
County of Garheld
At a regular meeting of the Board of County Commissioners for Garheld County,
Colorado, held in the Commissioners' Meeting Room, Garfreld County Courthouse, in Glenwood
Springs ea Monday , the llthof May A.D. l9_Z_, there were present:
Arnold L. Macklev , Commissioner Chair:rran
Elmer (euckev) Arbaney . Commissioner
Marian f. Smith Commissioner
rkrn peFord , County Attorney
Mildred Alsdorf , clerk of the Board
Chuck Deschenes County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 92-043
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR
WOODEN DEER SUBDryISION.
WHEREAS, Carbondale Land Development Corporatipn has hled an application with the
Board of County Commissioners of Garfield County for approval of a Preliminary Plan for Wooden
Deer Subdivision;
WHEREAS, the Garflreld 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 Departuent, this Board
hnds as follows:
That proper publication, public notice and posting was provided as required by law for
the hearings before the Planning Commission and Board of County Commissislsrs.
That the hearings before the plalning 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.
That the Garfield County Planning Commission recommended approval of the
Preliminary Plan.
That the proposed subdivision ofland is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated area of the County.
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8' That for the above-stated and other reasons, the proposed subdivision is in the bestinterest of the health, safety, morals, convenience, Lrder, prosperity and welfare of the
citizens of Garfield County.
NOW' THEREFORE, BE IT RESOLVED that the Preliminary Plan of Wooden DeerSubdivision forthefollowing described unincorporated areaof Garfield County beapproved withthefollowing conditions:
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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.
That the Board approved a Variance to road grade standards as authorized in Section
9:37.
That the proposed subdivision of land conforrns to the Garfield County Zonrng
Resolution.
That all representations of the applicant, either within the application or stated at thepublic 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.
The Homeowner's Association shall be incorporated in accordance with Colorado
Revised Statute requirements.
The applicant shall prepare and submit a Subdivision knprovements 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, fireprotection, improvements signage and drainage structures prior to the submittal of theFinal Plat.
That all proposed utilities shall be placed underground.
That all cut slopes created during construction shall be revegetated with native grasses
and shrubs with adequate weed control. AII revegetation shall be in accordance with
the applicant's revegetation plan. Revegetation and landscaping shall beincluded in theSubdivision Improvements Agreement. In addition, adequate security shall remain inplace for a period of two (2) years to guarantee the survival of all plantings.
That the applicant shall dernonstrate that procedures are established for themaintenance of all roadways and bridges, including snow removal, through theHomeowner's Association.
That the applicant shall pay $200 per lot in School Impact Fees prior to the approvalof the Final plat.
That the following plat notes shall be included on the Final plat:
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The recommendations of the Colorado State Forester wildflre prevention
guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban
Interface" prepared by the colorado State Forest service (c.s.F.s. #l434gl)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 andsubmit a soils and foundation report, an I.S.D.s. design, and a grading and
drainage plan prepared and certified by a professional engineer. Ail
improvements shall be constructed in accordance with such measures which shall
be a condition of the building permit.
c' Certain lots may require pumps to increase residential water pressure.
Prior to the approval of the Final Plat, the Applicant shall submit an approvedaugmentation planproviding foralegal watersupplyfortheWooden DeerSubdivision
development. Said augmentation plan, together with the Basalt Water ConservancyDistrict Water 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 augmentation plan. Appropriate protective
Covenants shall further require compliance with the terms and conditions of theaugmentation plan.
That the applicants shall prepare and submit protective covenants, articles ofincorporation and other Homeowner's Association-documents includ.ing byJaws will
be submitted for review by the County Attorney prior to the approvA of tne hinal plat.
That the plat and covenants will provide that there will be no re-subdivision olthe lots.
That all roadways shall be constructed in accordance with the design standards in effectat the 'ime of submittal of the Final plat with the approved variances.
That adequate easements for wells, waterlines and other attendant facilities shall beprovided on the Final plat.
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Easements for utility pu{poses, acceptable to
lot within the subdivision with services, will
Holy Cross and suflicient to supply each
be supplied by the applicant.
with the Uniform Manual of
Subdivision Improvements
The applicant shall provide road signage in accordance
Traffic Control. These should be included in the
Agreement.
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The applicant shall provide copies of quit claim deeds from adjacent land owners.
The applicant shall provide an aress easement from John powers to the Homeowner,sAssociation authorizing public access to the subdivision prior to the submittal of theFinal Plat. Provisions for usage and maintenan@ of this easement should be addressedin the covenants.
The applicant shall provide a non-access easement on those lots abutting C.R. 104 forthe purpose of restricting a[ but emergency access onto c.R. 104.
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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 begranted to the Homeowner's Association. Provisions for usage 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 (bycolorado Department of Hearth) for the proposed community *ui., system.
All requirements of the Road and Bridge Departrnent contained iu their memo shall beconsidered conditions of approval.
The following items shail be incorporated into the protective covenants:
The Wooden Deer Architectural Committee shall follow the recommendations
of the Colorado State Forester wildf,re prevention guidelines, specilied by thepa:nphlet "Wildfire Protection in the Wildland Urban tnterface" frepared by the
Colorado State Forest Service (C.S.F.S. #142-6gl)attached hereto as Exhibit
B, wherever practical, in granting approvals for construction of residences and
other structures submitted to it for approval. The Architectural Committee shall
incorporate the guidelines set forth in that pamphlet into the plans approved forlots in the subdivision to protect the subdivision, and all of the buildings
constructed therein, from thedangerofwildfire. TheArchitectural Commillsewill 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, 1) constructed of fire retardant materials, ormaterials
"treated" to be fire retardant, or 2) have an internal sprinkler system for fire
protection.
No structures or improvemeots, other than fences, shall be constructed within
thoseshaded areaswhich contain 40percent orgreaterslopes shown on themap
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 Iong as the structure, excluding open porches, decks, carports, and
garages, is over the identiflred point at some location, subject to County setback
requirements. Site locations for the primary dwelling structures which are not
over the pre-approved point must be reviewed by the Architectural committee.
Site locations are subject to the recommendations cited in the letter ofJim Soule,
State Geologist's Office of March 4,lgg2.
Fireplaces:
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No more than one (l) open woodburning fireplace and no
one (1) Colorado Certified woodburning device may be
allowed per lot. Fireplace uses may not be transferred fiom one lot to the
next. Gas-burning hreplaces shan be encouraged and allowed within the
subdivision.
l-lomestic Animals: Except asexpressly limilsd herein, domestic animals
shall be permitted subject to any rules and regulations which may be
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promulgated 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 (l) 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 p"r.oo,
where the dog is housed unress 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) forthe first viliatior.o--itt olby an owner's dog and one Hundred Dolars ($100.00) prus an
additional Fifty Dollars ($50.00) foreach subsequent violation such that
the fine increase in Fifty Dollar ($50.00) increments foreach succeeding
violation. should any dog be caught chasing or molesting deer, elk,
poultry, orany domestic animals, the Homeowner,s Association shall be
authorized to prohibit the property owner from continuing to maintain
the offending animal on his property and may dispose of that animal, if
necessary, to protect wildlife or other owners' domestic animals.
Areas where an ownerkeeps any animals shall be kept reasonably clean
and free ofrefuse, insects, and waste at all times. No commercial animal
breeding activities of any kind shall be permitted within the subdivision.
Notwithstanding the foregoing, no animal(s) may be kept within a lot or
the residences which, in the good-faith judgement of the Board of
Directors, result(s) in any annoyan@ orareobnoxious to residents in the
vicinity or to lot owners within the subdivision.
Accessory Uses: An attached accessory use shall be perrritted to be
constructed along with each single-family residence subject to Garfield
county Regulations and Architectural control committee review. In the
event such a use is approved, the accessory use shall not exceed seven
hundred flrfty (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 minimrrm 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.
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GARFIELD COUNTY
COMM ISSIONERS,
COUNTY, COLORADO
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Dated this r r rr, day of pray , A.D. lg_g2 .
ATTEST:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
vote:
STATE OF COLORADO
County of Garheld
f' , County Clerk and ex-officio Clerk of the Board of CountyCommis5ieners in and for the County and State aloresaid do hereby certify that the annexed andforegoing Resolution is truly copied from the Records of the proceeding of the Board of Countycommissioners for said Garflreld county, now in my ofhce.
IN WITNESS WHEREOF, I have hereunto set my hand and affxed the seal of said County,at Glenwood Springs, this _ day of _, A.D. l9_.
county clerk and ex-oflicio clerk of the Board of county commissioners
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BOARD OF
GARFIELD
of the Board Chairrnan "/
, Aye
, AyeMarian f. Smith
-, Aye