HomeMy WebLinkAboutR94-193 approval of subdivison preliminary plan for Bear GulchU
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commissioner . moved adoptio
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of the following Resolution:
RESOLUTION
RESOLUTION NO. 9 -�/ - 193
APPROVAL OF THE SUBDIVISION PRELIMINARY PLAN
FILE NO: SU- 320 -94 -P
WHEREAS, on or about July 15, 1994, the County of Eagle,
State of Colorado, accepted for filing an application submitted by
Heidi Palmer (hereinafter "Applicant ") for approval of the
Subdivision Preliminary Plan for the Bear Gulch
Subdivision, File No. SU- 320 -94 -P; and
WHEREAS, on May 17, 1994, the Board of County Commissioners
of Eagle County, Colorado, approved the Subdivision Sketch Plan
for the Bear Gulch Subdivision, File No. SU- 320 -94 -S, subject to ti
certain conditions; and Cr
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WHEREAS, at its public hearing held September 7, 1994, the
Planning Commission, based upon its findings, recommended approval
of the proposed Subdivision Preliminary Plan, with certain
conditions; and
WHEREAS, public hearings were held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on
September 20 and November 1, 1994, to consider this Preliminary
Plan application; and
WHEREAS, based on the evidence, testimony, exhibits, study
of the Master Plan for the unincorporated areas of Eagle County,
comments of the Eagle County Department of Community'Development,
comments of public officials and agencies, the recommendation of
the Planning Commission, and comments from all interested parties,
the Board of County Commissioners of the County of Eagle, State of
Colorado, finds as follows:
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1. That proper publication and public notice was
provided as required by law for the hearing before
the Planning Commission and the Board of County
Commissioners.
2. That information required by the Board of County
Commissioners at Sketch Plan is applicable.
3. That the proposed Preliminary Plan is in conformance
with the Sketch Plan and that the proposed
subdivision conforms to all applicable regulations,
policies and guidelines.
4. That comments and recommendations from the agencies
listed in the Eagle County Land Use Regulations,
Section 2.17.02(1), have been considered.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, subject to the conditions set forth below, the
application submitted by Heidi Palmer for approval of a
Preliminary Plan for the Bear Gulch Subdivision be and is hereby
approved for the following described parcel of land:
EXHIBIT A
THAT, the following conditions are hereby placed upon this
approval:
1. Plat language acceptable to the Environmental Health
Division concerning sewage disposal systems designed by a
Registered Professional Engineer. Low flow faucets,
showerheads and toilets shall be included in the covenants;
2. Conformance with the Bear Gulch Subdivision Wildlife
Mitigation Plan, dated June 21, 1994. The plan shall be
signed by both the developer and the CDOW. This mitigation
plan should be incorporated into the subdivision's
covenants. The one time payment of $750.00 per residential
unit into the Bellyache Ridge Wildlife Trust Fund should be
made at the time of Final Plat ($3,750.00);
3. Plat note language concerning adequate defensible space as
recommended by the Colorado State Forest Service and
sprinkler system requirements. A fire protection service
contract shall be entered into with the Avon Fire
Department;
4. Adequate demonstration of a fully approved plan for
augmentation and adjudication of the water supply by the
Water Court for all wells.
5. The road maintenance declarations, bylaws and articles
should be agreed to and signed by the applicant and by the
Travis Creek II development;
6. The Jan Jouflas Pond shall provide fire protection water
storage. The pond and hydrant delivery system plans shall
be submitted to the County Engineer for review.
THAT, the Bear Gulch Preliminary Plan submitted under this
application and hereby approved, does not constitute a "Site
Specific Development Plan" as that phrase is defined and used in
C.R.S. 24 -68 -101, et seq.
MOVED, READ, AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
meeting held the � / day of / /7p�, / �h ) 1994, nunc
pro tunc to the 1st day of November, 1994.
ATT
BY:
BY:
Commissio
adoption of the
called, the vote
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
B D OIT COUNTY COMMISSIONERS
hnnette Phillips, Ch4irman
George, Cates, Commissioner
Commissioner George A. Gates C1 ) 1 ,
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
i
This resolution passed by / /s //I 17f,�10,IWI G ) vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
3
Clerk of the.Board of
County Commissioners
was as follows:
EXHIBIT A
A parcel of land in NW1 /4 and NE1 /4 NW1 /4 of Section 35, Township
4 South, Range 83 West of the 6th P.M., Eagle County, Colorado and
being more particularly described as follows:
Beginning at the NE Corner of the Bellyache Ridge Subdivision
Filing No. 1; Thence along the North line of said Bellyache Ridge
Subdivision S89 0 039'40 "W, 412.35 feet to the East ROW line of the
Bellyache Ridge Road; Thence along the East ROW line of said
Bellyache Ridge Road N18 ° 57'07 "E, 35.32 feet; Thence on a curve to
the left having a central angle of 49 ° 08'53 ", a radius of 120.23
feet, a chord bearing N50 0 37'27 "W, 100.00 feet; Thence on a radial
line N59 ° 48'07 "E, 138.80 feet; Thence N00 0 12 1 03 "W, 1141.31 feet-
Thence N90 ° 00'00 "E, 290.00 feet to the N1/4-Corner of said Section
35; Thence N90 0 00'00 "E, 1322.53 feet to the East line of said NW1 /4
NE1 /4; Thence S00 0 03 1 00 11 W, 1346.20 feet to the SE Corner of said
NW1 14 NE 1/4; Thence N89 0 48 1 00 11 W, 1316.66 feet to the point of
beginning.
Said parcel contains 50.08 acres more or less.
