HomeMy WebLinkAbout12.0 Resolution 93-085$00KOKS i'l,Gi 467
RECORDED J�� O'CLOCKJ' .M. OCT 1 d i' l.1
RLC # i'i.. 383.1 MILDRED ALSDJRF, COUNTY CLERK
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 4th of October A.D. 19 93 , there were present:
Elmer (Buckey) Arbaney
Arnold L. Mackley
Marian I. Smith
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. 93-085
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR
WESTBANK FILING #4 PUD.
WHEREAS, Westbank Ranch #1 LTD has filed an application with the Board of County
Commissioners of Garfield County for approval of a Preliminary Plan for Westbank Filing #4 PUD;
WHEREAS, the Garfield County Planning Commission reviewed the Westbank Filing #4
PUD 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.
2. 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.
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.
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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.
8. That for the above -stated and other reasons, the proposed PUD 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 Westbank Filing #4
PUD 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.
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.
5. That all proposed utilities shall be placed underground.
6. That all cut slopes created during construction shall be revegetated with native grasses
and shrubs with adequate weed control. All revegetation shall be in accordance with
the applicant's revegetation plan. 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.
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.
8. 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:
a. The recommendations of the Colorado State Forester and U.S.F.S. wildfire
prevention guidelines shall be followed in the construction of all structures.
b. 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
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improvements shall be constructed in accordance with such measures which shall
be a condition of the building permit.
c. No open-hearth solid fuel devices will be allowed anywhere within Westbank
Filing #4 PUD. All dwelling units will be allowed an unrestrictive number of
natural gas -burning fireplaces or appliances. All dwelling units will be allowed
one (1) new woodburning stove as defined by CRS 25-7-401 et. seq. and the
regulations promulgated thereunder.
10. Prior to the approval of the Final Plat, the Applicant shall submit an approved
augmentation plan providing for a legal water supply for the Westbank Filing #4 PUD
development. Said augmentation plan, together with the West Divide Water
Conservancy District 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 the augmentation plan.
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 re -subdivision of the lots.
13. That all roadways shall be constructed in accordance with the Garfield County Road
Standards in effect at the time of submittal of the Final Plat.
14. The Final Plat shall identify building envelopes that are in conformance with the
recommendations of the geotechnical report.
15. That adequate easements for wells, waterlines and other attendant facilities shall be
provided on the Final Plat, including those necessary to provide access to existing water
infrastructure associated with Westbank Filings #1, #2 and #3.
16. That ten (10) foot perimeter easements on each lot should 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 bikepath easement shall be dedicated to the County at the time of Final Plat.
20. Prior to the Hearing before the Board of County Commissioners, the County shall
determine the status of the CR 109 ROW adjacent to the project. If necessary, the
ROW shall be dedicated to the County prior to Final Plat.
21. The covenants will reflect the fireplace restrictions described in plat notes.
Dated this 4th day of October , A.D. 19 93 .
ATTEST:
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GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Cler, of the Board Chairman
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Elmer (Buckey) Arbaney , Aye
Arnold L. Mackley , Aye
Marian I. Smith , Aye
STATE OF COLORADO )
)ss
County of Garfield )
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. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Boo 0878 .���; .471
WESTBANK RANCH PLANNED UNIT DEVELOPMENT MODIFICATION
AND
WESTBANK RANCH FILING 114 RESUBDIVISION
LEGAL DESCRIPTION, (September 1, 1993)
A parcel of land situated in Lot 15 of Section 35, Township 6 South, Range 89 West of the
Sixth Principal Meridian, Lots 13, 14, 15, 24 and 25 of Section 1, and Lots 5, 8, 9, 10, 11,
12, 13, 14, 15, 16, 18, 19, 20, 21 and 22 of Section 2, Township 7 South, Range 89 West
of the Sixth Principal Meridian, all in Garfield County, Colorado, Tying Southerly of Westbank
Ranch Planned Development Subdivision Filing No. 1 and Westbank Ranch Subdivision Filing
No. 2 and No. 3, as amended, all as filed in the Garfield County, Colorado records, and
Westerly of a line in said Section 1 partly described by Book 416 Page 336 as filed in the
Garfield County, Colorado records, said parcel of land is more fully described as follows:
Beginning at the Northwest Corner of Lot 5 in said Section 2, whence the Northwest Corner
of said Section 2 bears: N. 89°44'39" W. 602.75 feet; thence N. 01°57'00" E. 81.45 feet
along the Westerly boundary line of Lot 15 in said Section 35 to the Southwest Corner of said
Westbank Ranch Filing No. 1; thence, along the Southerly boundary lines of said Westbank
Ranch Filings No. 1, No. 2, and No. 3, N. 77°39'00" E. 112.73 feet; thence N. 63°09'52"
E. 159.87 feet; thence S. 35°32'48" E. 210.99 feet; thence S. 31°43'00" W. 75.00 feet;
thence S. 69°27'00" E. 130.00 feet; thence S. 28°57'00" W. 160.00 feet; thence N.
86°03'00" E. 190.00 feet; thence S. 45°23'00" E. 130.00 feet; thence S. 05°23'20" W.
300.15 feet; thence S. 61018'14" E. 231.81 feet; thence S. 28°07'00" E. 160.00 feet;
thence N. 60030'00" E. 78.00 feet; thence S. 37006'00" E. 55.45 feet; thence S.
79°17'00" E. 492.88 feet; thence N. 26°07'29" E. 82.61 feet; thence S. 64°37'00" E.
336.67 feet; thence S. 69°29'00" E. 390.82 feet; thence S. 81°03'00" E. 358.60 feet;
thence N. 89°22'00" E. 342.78 feet; thence S. 78000'00" E. 349.80 feet; thence N.
87002'00" E. 374.60 feet; thence S. 88°23'00" E. 626.00 feet; thence S. 76°37'00" E.
39.95 feet; thence S. 50°31'33" E. 298.72 feet; thence N. 61040'41" E. 339.92 feet;
thence S. 50°00'00" E. 25.74 feet; thence along the arc of a curve to the left having a radius
of 329.13 feet, and a central angle of 52°46'29" for a distance along the curve of 303.16
feet; the chord of said curve bears S. 76023'15" E. a distance of 292.56 feet; thence along
the arc of a curve to the right having a radius of 45.00 feet, and a central angle of 83°05'30"
for a distance along the curve of 65.26 feet; the chord of said curve bears S. 61°13'45" E.
a distance of 59.69 feet to a point on the said described line in Section 1, whence the
Northwest Corner of said Section 1 bears: N.20°00'40" W. 1523.72 feet; thence, leaving
said Westbank Ranch filings, along the said described line, S. 19041'00" E. 196.35 feet;
thence S. 34°08'00" E. 1.14 feet to a point on a non -tangent curve of the County Road
Dedication described in Document No. 334810 as filed in the Garfield County, Colorado
records, and continuing along the County Road Dedication as follows: along the arc of the
non -tangent curve to the left having a radius of 710.00 feet, and a central angle of 34°59'38"
for a distance along the curve of 433.64 feet; the chord of said curve bears S. 38°48'11"E.
a distance of 426.93 feet; thence S. 56°18'00" E. 174.02 feet; thence S. 52°22'00" E.
349.83 feet; thence along the arc of a non -tangent curve to the tight having a radius of
430.57 feet, and a central angle of 10°04'52" for a distance along the curve of 75.76 feet;
the chord of said curve bears S. 32°02'21 " E. a distance of 75.66 feet; thence along the arc
of a curve to the left having a radius of 2293.26 feet, and a central angle of 10°06'00" for
a distance along the curve of 404.25 feet; the chord of said curve bears S. 32°03'00" E. a
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