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HomeMy WebLinkAbout5.0 Resolution 95-060• 1 481783 B-949 P-831 08/10/95 10:17A PG 1 OF 3 MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER STATE OF COLORADO ) )ss County of Garfield ) REC DOC NOT 0.00 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 Tuesday , the 8th of August A.D. 1995 , 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. 95-060 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE CEDARS PUD SUBDIVISION. WHEREAS, ELK CREEK VENTURES, LLC has filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the CEDARS PUD Subdivision; and WHEREAS, the Garfield County Planning Commission reviewed the Cedars PUD preliminary plan application and recommended approval to the Board of County Commissioners; and 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. 481783 B-949 P-832 /10/95 10:17A PG 2 OF 3 1 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 the Cedars PUD 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 applicants shall establish a Homeowners Association, or legally acceptable equivalent. and shall be incorporated in accordance with the requirements of Colorado Revised Statutes. The Homeowner's Association, or legally acceptable equivalent, shall be responsible for the water infrastructure, road maintenance and snow removal. The articles of incorporation and restrictive covenants shall be reviewed by County Staff prior to the approval of a Final Plat. 3. The applicants shall prepare and submit a Subdivision Improvements Agreement, addressing all improvements, prior to recording a final plat. 4. All cut slopes created during construction shall be revegetated with native grasses with adequate weed control. All revegetation shall be in accordance with the applicant's revegetation plan which shall be submitted prior to final plat. Revegetation and landscaping shall be included in the SIA. In addition, adequate security shall remain in place for a period of two (2) years to guarantee the survival of all plantings. 5. The applicants shall pay $200 per lot m school impact fees prior to approval of the final plat. 6. All roadways shall be designed and constructed in conformance with design standards set forth in the Subdivision Regulations and in place at the time of final plat. 7. The following plat notes shall be shown on the Final Plat: "Geotechnical site review of the site has indicated that additional soil and engineered foundation design may be necessary, if slopes within building envelopes exceed 20% or basements are planned for single family dwelling.units." "No open hearth solid -fuel burning fireplaces will be allowed within the Cedars PUD. All dwelling units will be allowed an unrestricted number of natural gas -burning fireplaces or appliances. All dwelling units will be allowed no more than one new woodburning stove as defined by C.R.S. 25-7-401, et seq., and the regulations promulgated thereunder." 481783 B-949 P-833 00/95 10:17A PG 3 OF 3 "All construction shall be consistent with the USFS Wildfire Protection Guidelines." "Irrigation shall be kept to a minimum to prevent perched water and surficial failure." 8. Dogs shall be limited to one (1) per lot, and kennel restrictions shall be included within the covenants addressing an enforcement mechanism. 9. All utilities shall be placed underground. 10. Noxious weeds are the responsibility of the property owner. 11. The applicant shall be required to address the issue of material injury, consistent with C.R.S. 30-28-136(1)(H)(II) and the referral letter from the State Engineer dated July 7, 1995. Prior to Final Plat, compliance with this condition shall be verified by a letter of approval from the State Engineer, based on submittal of water rights and available water from the Town of New Castle. Dated this 9th day of August ATTEST: Cl k of the Board vote: , A.D. 19 95 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Az,„cL Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith ,Aye , Aye , Aye Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO ) )ss County of Garfield ) 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners