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HomeMy WebLinkAbout6.0 Resolution 95-083ilt 485280 8-958 MILDRED AISDORF P-275 LL/OI/gS 0t:36p pG GARFIELD COUNTY CLERK OF 4 REC RECORDER O.OO 1 AND tlOTDOC STATE OF COLORADO County of Garfield {14 reiJurar meeting of the Board of County Commissioners for Garheld County, Colorado, held in the Commissioners' Meeting Room, Garheld County Courthouse, in Glenwood Springs on Monday , the 6th of November A.D. 19_95, there were present: Marian I. Snith Arnold L. Mackley Commissioner Chairman Commissioner Commissioner Couuty Attorney Clerk of the Board County Administrator Elmer (Buckey) Arbaney ) )ss ) Don DeFord Mildred Alsdorf Chuck Deschenes when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 95-OB3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR RryERBEND FILING 5 PLANNED UNM DEVELOPMENT. WHEREAS, R.B. HOMES, INC. has hled an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for Riverbend Filiog 5 pUD; WHEREAS, the Garfield County Planning Commission reviewed the Riverbend Filing 5 pUD application and recommended approval to the Board of County Commissioners; WHEREAS, based on the material submitted by the applicant, the recommendation of thePlanning Commission and the comments of the Garfielcl County planning Department, this Board flrnds as follows: 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. That the hearings before the planning Commission and Board of County Commissioners wereextensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. That the Garheld County Planning Commission recorlmended approval of thePreliminary Plan. That the proposed subdivision of land is in compliance with the recommendations setforth in the comprehensive plan for the unincorporated area of the county. l. 2. 3. 4. 485280 8-958 P_276 1 ?/95 01:36P PG 2 oF 4 That all data, suryeys, 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. That the proposed subdivision of land conforrns to the Garheld County Zonng Resolution. 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. 5. 6. 8. NOW, THEREFORE, BE IT RESOLVED thAt PUD for the following described unincorporated area following conditions: the Preliminary Plan of Riverbend Filing 5 of Garheld County be approved with the All representations of the applicant, either within the application or stated at the public hearings before 1[g p]anning Cornmission shall be considered cond.itions of approval unless otherwise state by the planning Commission. All proposed utilities shall be located underground. All necessary appurtenances for individual service con-nection shall be provided by the developer. Utility facilities shall be included in the subdivision Improvements Agreement. The applicant shall establish a Homeowner's Association. The Homeowner,s Association shall be incorporated in accordance with the Colorado Revised Statutes. The protective covenants, articles of incorporation and other Homeownerrs Association documents including by-laws will be submitted for review by the County Attorney prior to the approval of the Final Plat. Additionally, the Homeowner's Association shalt include provisions for an Architectural Control Committee that will allow for two (2) voting members from Riverbend Filings 1 and 2. The water allocation contract shall be transferred from the developer to a separate nonprofit corporation. That the borporation will be formed in the manner represented by the applicant in hearing before the Board of County Commissioners and once it isformed will diligently seek Colorado Department of Health site application the expansion ofthe legal treatment capacity to 25,500 gpd. The Homeowner,s Association shall enforce individual compliance through covenants. Additionally, the covenantsshall require low water use plumbing lxtures for toilets, showers and faucets. That alandscapeplan besubmitted to the Board of County Commissioners that details the location, type, and size.ofall landscape material to be used to minimize the visualimpacts of the sewage treatment facilities from all sides of the area, prior to preliminary Plan approval. The subdivision improvements agreement will also include security toguarantee the completion of the landscaping that will be held for one (l) year after thelandscaping is certified to have been completed in accordance with the plan. AII seedshall be certified weed-free. Additionally, the Final plat shall include a grading planand provisions for grass on the common open area and water for irrifation of thecommon area and that the maintenance of the area will be the respon.lumty of theRiverbend Filing 5 homeowners association. The applicant shall pay $200 per dwelling in school Impact Fees prior to the approvalof the Final Plat. t. 2. 3. 4. 5. 6. 485280 8-958 P_277 1 3/95 01:36P pc 3 OF 4 Prior to the submittal of the Final Plat, the applicant shall provide adequate written verification from the Division of Water Resources documenting approval of the domestic water supply. Further, that the new nonprofit corporation shall include provisions for the Riverbend Fiting 5 homeowners association being responsible for the payment of costs for the operation and maintenance of the new augmentation plan for the subdivision. Theapplicant shall provide docrtmentation from the Burning Mountain Fireprotection District approving the interior road design and fire protection plan prior to the submittal of a Final plat. AJI roads including the proposed cul-de-sac shall be designed and constructed in accordance with minimum County standards. 7. 8. 9. 10.The applicants shall submit improvement drainage structures prior to approval of a plans for all roads, bridges, utilities and Final Plat. I I ' The applicant shall demonstrate that procedures are established for the maintenance ofall bridges, roadways etc., including snow removal, through the Homeowner,s Association. The applicants shall provide a water allocation contract from the West Divide Water Conservancy District prior to the Final plat approval by the Board of County Commissisnsls. That the Final Plat include the following plat notes: "Lots 5-9 may be divided into separate interests after the approval an amended plat i s approved by the Board of County Commissioners, that legally describes the separate interests to be created." "A site specific foundation design lor each structure shall be included with any buildingpermit application and that each building design will include anti-radon gas accumulation measures.,' "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 f,[eplaces or appliances. All dwelling units wi]l be allowed no more than one newwoodburning stove as defined by c.R.S. 25-7-40r, et seq., and the regurationspromulgated thereunder.,, Dogs shall be limited to one (1) per dwelling unit, and kennel restrictions shall beincluded within the covenants addressing an enforcement mechanism. That the homeowners in Riverbend Filings I and 2, be allowed to join the nonprofitcorporation at no cost and at any time. That a 24 hour pump test, with a 24 hour monitoring of the recharge, be completed forthe two currently existing wells prior to submittal of a hnal plat, that demonstrates aminimum of 67 gpm pumping capacity for one or both wells combined. 12. 13. 14. 15. 16. 485280 8-958 P-Z7B LL/Ogrvo 01:36p pG 4 oF4 Dated 16is 7th day of ATTEST: November A.D. 19 e5 GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO BOARD OF GARFIELD Mari-an I. Snith Chairman Elmer (Buckey) Arbaney Aye Aye Aye Arnold L. Mackle STATE OF COLORADO County of Garfield f, , County Clerk and ex-offrcio Clerk of the Board of County Commissloners in and for the County and State aforesaid do hereby certify that the annexed andforegoing Resolution is truly copied from the Records of the Proceeding of the Board of Countycommissioners for said Garfield county, now in my ofhce. IN WITNESS WHEREOF, I have hereunto set my hand aud affxed the seal of said County, at Glenwood Springs, this _ day of _, A.D. 19_ county clerk and ex-offrcio clerk of the Board of county commissioners ) )ss )