HomeMy WebLinkAbout5.0 Resolution 95-060• 1
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MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER
STATE OF COLORADO )
)ss
County of Garfield )
REC DOC NOT
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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.
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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.
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."
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"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