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HomeMy WebLinkAbout7.0 Resolution 96-70t'....t \ (ts 499822 8-996 P-665 Lo/17/Lgg6 04ro3p pc I oF 7 REC Doc Nort }4ILDRED AISDORF GARFIELD COUNTY CLERK AND RECORDER O.OO 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 onMonday - , the i4th of October A.D. 19 96 , there were present: Marian I Smith Arnold T. Maeklev Commissio.ner Chairman Commissioner Elmer (Buckev) Arbaney , Commissioner Don DeFord , 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. 96-70 A RESOLUTION CONCERNED WITH T}IE APPROVAL OF A PRELIMINARY PLA}I FOR THE RAPIDS ON THE COLORADO SIJBDIVISION. WHEREAS, GENE HILTON/RAPIDS ON THE COLORADO, L.L.C., has filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan foi itapids on the Colorado"SubdMsion; WHEREAS, the Garfield County Planning Commission reviewed the Rapids on the Colorado 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: t- That proper publication and public notice and posting were provided as required by law for the hearing before the Planning Commission and Board of County Commiisioners. 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 the hearing. 499822 B-9gG P-666 1O/L7/L996 04:03P PG 2 oF7 That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. ,That the proposed subdivision of land conforms to the Garfield County ZonngResolution. 5. That all dat4 surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. That for the above-stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, ordei, piosperity and welfare of the citizens of Garfield County. That, based on the dynamic nature of this particular proposal, the following modifications to Planning Commission recommendation are required : 4. a) b) c) d) e) Deletion of plat note 9a; Deletion of condition of approval#22; Deletion of condition of approval#26', Deletion of condition of approval#29; Addition of certain other conditions of approval, as contained herein. That no response was received by the Colorado Department ofHealth regarding the proposed method of waste water treatment, within the time allotted. NOW, TIIEREFORE, BE IT RESOLVED that the Preliminary Plan of the Rapids on the Colorado 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 apptication or stated at the public hearings before the Planning Commission shall be considered conditions of approval, unless stated otherwise by the Planning Commission. The Homeowner's Association shall be incorporated in accordance with Colorado Revised Statute requirements. The applicant shall prepare and submit a Subdivision Improvements 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, fire protection, improvements, signage and drainage structures prior to the submittal of the final plat. 499822 8-996 P-66? LO/LT/1996 04rO3P PG 3 OF 7 That all utilities shall be placed underground and any propane tanks shall be placed underground or otherwise obstructed from view. That all cut slopes created during construction shall be revegetated with native grasses, shrubs and trees with adequate weed control. AII 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. 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. That the applicant shall pay $200, per lot, ($6,600 total) in School Impact Fees prior to the approval of the Final Plat. That the following plat notes shall be included on the Final Plat: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an I$.p,S, de-sign, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit." uThat all lot owners shall comply with the provisions under which the well permits for the subdivision were approved. Except for Lot 1 and Lot 19, no lot shall irrigate more than 10,000 square feet of land with water from the central, domestic system, and all waste water disposal systems shall have non-evaporative leach fields." "IJpon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant, unless said fees have been paid by the developer. There shall be credit given to the developer for the monetary amount spent on providing the required acceleration and deceleration lanes." "Individual lot owners shall be responsible for control of noxious weeds and the Homeowner's Association shall control noxious weeds on all Open Space/Parkland portions." That all well permits be issued prior to final plat, that sufficient water provided through the approved augmentation plan, water rights associated with the wells, together with well 5. 6. 7 8. 9. a) b) c) d) e) I0. 499822 8-996 P-668 1O/LT/Lgg6 04:03p pc 4 11. 12. 13. 14. 17. 18. 19. 20. 15. 16. oF7 permits, all physical components of the water system and shares from the Moore Ditch, if any, 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 terrns'and conditions of the augmentation plan. Appropriate Protective Covenants shali further require compliance with the terms and conditions of the augmentation plarq the metering of water usage at the individual lot and provisions for drip-irrigation. 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. No resubdivision or Accessory Dwelling Units shall be approved for this subdivision that would impinge upon or diminish the services provided for the lots approved herein. . That all roadways shall be constructed in accordance with the design standards in effect at the time of submiual of the Final Plat. With the exception oflot 1, in no event shall an individual driveway have direct accdss to County Road 335. That the static water level in Rapids Well #2 be monitored and if the static water level falls below 24 feet, a 24-hour pump test and appropriate recharge rate calculations be performed, with all results reported to the Planning Department, through final plat. That adequate easements for wells, waterlines and other attendant facilities and utilities shall be provided on the Final Plat. The applicant shall provide road signage in accordance with the Uniform Manual of Traffic Control. These should be included in the Subdivision Improvements Agreement. Prior to the approval of the Fina[Pht, the applicant shall submit approved plans (by Colorado Department of Health) for the proposed community water system. That access and utility easements to the proposed water tank shall be shown on the final plat and dedicated to the HomeowneCs Association, that the applicant shall receive the necessary permit &om County Road and Bridge regarding the crossing of CR 335 with the water/utility line(s) and in no case shall the access road to the water tank be in excess of l4Yo grade. A finalized boundary line adjustment occur before Final Plat approval for the remaining land not being included in this subdivision. Open hearth, solid fuel fireplaces shall not be allowed within the subdivision. One (l) new, solid-fuel burning stove as defined in C.R.S. 25-7-40L, et. seq. and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 499822 8-996 P-669 LO/17/1996 04:03P PG 5 OF 7 24. 25. 26. 27. 21 7) 23_ Allprovisions contained in the Burning Mountains Fire Protection District's letter dated July 10, 1996, shall be adhered to and made part of the Final Plat. All exterior lighting shall be the minimum amount necessary and shall be directed inward, towards the interior of the subdMsion, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. That the recording fees for the Final Plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of the Final Plat by the Board of County Comrnissioners and a copy of the receipt be provided to the Planning Department. That the Final Plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. Protective covenants shall specift that only one (1) dog is allowed, per lot. Protective covenants shall specify there be no incineration of trash. That specific building envelopes for the individual sewage disposal systems be designated away from the watercourses of Garfield Creek and the Colorado River for all lots identified within the respective floodplains. That all building .n .,'o0., affected by the floodplains of Garfield Creek and the Colorado River shall be elevated above the level of the 1OO-year floodplain, as a requirement of the Subdivision Improvements Agreement. The developer shall provide specific designs and plans for the development and use of the open space land, for review by the Planning Department, as a requirement of the final plat submittal. Development within the areas identified within the flood fringe of the Colorado River and/or Garfield Creek shall be required to adhere to the conditions of approval for the Floodplain Special Use Permit, conditionally approved on October 7, 1996. That acceleration and deceleration lanes and school bus turnouts shall be provided at both intersections with County Road 335, and shall be developed as part of the Subdivision Improvements Agreement. The developer shall take prudent steps to control dust generation and migration from the site, for the duration of development of the site. All weight restrictions on County roads shall be observed by the developer and all subcontractors. 28. 29. 30. 31. 32. JJ. 499822 8-996 P-670 LO/17/L996 04:O3P PG 6 oF7 Dated this OctoberITthdav of A.D.1gs6 GARFIELD COUNTY BOARD OF COMMSSIONERS, GARFIELD COUNTY, COLORADO vote: Chairman Arnold L. lilackley Aye Aye AyeElmer (Buckev) Arbanev STATE OF COLORADO 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 ) )ss ) County Clerk and ex-officio Clerk of the Board of County Commissioners 499822 8-996 P-671 tO/LT/tgg6 04:O3p pc 7 oF 7 LEGAL DESCPTPflONA lract of land situated in the SYl/4 of SecLion 4 and the SEl/4 oI Section 5, ?ovasilp 6 South, Range 91 lfest oI the 6lh PJ{. described as tollows: Begianing at the Southresl Corner of said Sectioa 4; thence N 0o 50'00'f $8.10 leet along the Yest line of said Section 4 and aloag the Easte:'ly line ol that parce! ol land described. ip Eook 570 at Page 266in the Olfice ol the Gailield Coynty Clerk . aid Recorder; thence N 75s 43'18" Y 10t.89 leet; thence N !7o 08'41" Y 115.59 feet: thcnce N 53s 47' 08- f 177.75 leet to the center ol the Colorado River; thence along the ceater of said rirer N 23o 43' 15- E 339.10 feet; thence N 23e-43'20'E 310.00 leet: thence N 35o 08' 15" E 419.25 feet; thence N 42a 56' t3" E 499.62 leet; thence N 65a 01'17'E 404.40 feet; thcnc:e N 7lo 35' 12' E 503.50 leet; thence N 84o 15' 20" E 231.99 fee.t; thence S 81a 33'38'E 2*t.41 feet; theoce S 58o 02'47'E 266.8e fcet; Lhdnce S 68o 42'1l'E 476.70 feet: thence departiag the center ol said Colorado River S 0a 29' 34" E 523.50 feet to the Northeest Corner of that parcet described i-a Eook 527 at Page 713 as Reception No.293881; thence along lhe boundary ol said pateel S 78s 22'10" Y 32L42 leet; thence S 8o 40'15'E 378.29 feet to a point oa the Northerly Right-Ol-tey of Cou-aty Road No. 335; thence atoag said PJght-Of-fay S 78a 58'32'Y 207.05 feet; thedce 140.15 leet aloag a curve to the to lle left, hariag a radius of 1030.00 feet, a central angle of 7o 47' 46-; be cAord- ol vLich bears S 75s 04' 40' Y 140.04 feet; theace S 7Ia l0' 47' Y 396.23 teet; theace 66.20 leet along the arc of a culae to the left hariag a cestra! angle ol 7o 09' 25' aad a radius of 530.00 leet, the chord-of which been S 67a 36'05'Y 66.16 lee!; thencc S 64o 0t'23'Y 296.11 feet: thence cieparLing seid PJght-Of-Yay S 0o 14' 42' E 653.7Q leet to a poiat on the South line of- said Sectioa 4; &eace S 89o 20' 08" Y 1306.98 leet; to tbe POINT OF BEGNNING; said described trac! containing 97.269 acres, more or /ess.