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HomeMy WebLinkAbout2.0 Resolution 95-083:r5 485280 8_958 MILDRM ALSDORF P-275 Lt/Og/gS 0tr36p pG GARFIELD OOT,INTY CLERK OF 4 REC RECORDER O.OO 1 AND DOC }KIT STATE OF COLORADO County of Garfield ) )ss ) {14 regular meeting of the Board of county commissioners for Garfield county,colorado' held'in the commissioners'Meeting Room, Garfield county courthouse, in GlenwoodSprings on Mondav , the 6th of November A.D. 19__95, there were present: Marian I. Smith Arnold L. Mackley.,Elmer (Buckey) Arbaney Don DeFord Mildred Alsdorf Chuck Deschenes Commissioner Chairrnan 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_O83 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FORRryERBEND FILING 5 PLANNED UNM DEVELOPMENT. WHEREAS' R'B' HoMES, INC. has filed an application with the Board of counrycommissioners 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 puDapplication and recommended approval to the noara of county commissioners; WHEREAS' based on the material submitted by the applicant, the recommendation of thePlanning commission and the comments of the Garfieli county planning Department, this Boardhnds as follows: That proper publication, public notice and posting was provided as required by law forthe hearings before the Planning commission and goa.o of county commissioners. That the hearings before the planning commission and Board of countycommissioners wereextensive and complete, that all pertinent facts, matters and issueswere submitted and that an interested parties were heard atthathearings. That the Garfield county Planning commission recommended approval of thePreliminary plan. That the proposed subdivision of land is in compliance with the recornmendations setforth in the comprehensive plan for the unincorporated area of the county. 1. 2. 3. 4. 4Bs2B0 B-esB pYita fi/os/ss o1:36p pG Z NOW, THEREFORE, BE PUD for the following described following conditions: oF4 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 Garflreld County Subdivision Regulations. That the proposed subdivision of land conforms to the Garfield County lsning 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 citizensof Garf,reld County. 6. 8. l. 2. IT RESOLVED that the preliminary plan of Riverbend Filing 5 unincorporated area of Garfield county be approved with the All representations of the applicant, either within the application or stated at the public hearings before the Planning commission shall be considered conditions of approval unless otherwise state by the planning Commission. All proposed utilities shall be located underground. All necessary appurtenances forindividual service connection 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 Homeownefs Association documents including by-laws will be submitted for review by the County Attorney priorto the approval of the Final Plat. Additionally, the Homeowner,s Association shallinclude provisions for an Architectural Control Committee that will allow for two (2)voting members from Riverbend Filings I and 2. The water allocation contract shall be transferred from the developer to a separatenonprofit corporation. That the borporation will be formed in the manner representedby the applicant in hearing before the Board of County Commissioners and once it isforured will diligently seek Colorado Department or Health site application theexpansion of the legal treatment capacity to 25,500 gpd. The Homeowner,s Associationshall enforce individual compliance through ,or.o*t.. Additionally, the covenantsshall requite low water use plumbing fixtures for toilets, showers and faucets. That a landscape plan be submitted to the Board of County Commissioners that detailsthe location, type, and size.of all 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 theIandscaping is certified to have been completed in accordance with the plan. All seedshall be certified weed-free. Additionally, the Finat plat shall include a grading planand provisions for grass on the common open area and water for irrigation of thecoillmon area and that the maintenance of the area will be the responriuitity of theRiverbend Filing 5 homeowners association. The applicant shall pay $200 per dwelling in school Impact Fees prior to the approvalof the Final plat. 3. 4. 5. 6. 485280 B-9SB p-27T LL/Og/gS o1:36p pG 3 oF4 7.Prior to the submittal of the Final Plat, the applicant shall provide adequate written verification from the Division of Water Resources doct,menting approval of the domestic water supply. Further, that the new nonprofit corporation shall include provisions for the Riverbend Filing 5 homeowners association being responsible for the payment ofcosts for the operation and maintenance of the new augmentation plan for the subdivision. The applicant shall provide docr r m entation from the Burning M ountain Fire protection District approving the interior road design and fire protection plan prior to the submittal of a Final plat. 9- All roads including the proposed cul-de-sac shall be designed and constructed in accordance with minimum County standards. The applicants shall submit improvement plans for all roads, bridges, utilities and drainage structures prior to approval of a Final plat. Theapplicant shall demonstrate thatprocedures areestablished forthemaintenance 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 Commissioners. 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 for each structure shall be included with any buildingpermit application and that each building design witl include anti-radon gas accumulation measures." "No open hearth solid-fuel burning freplaces will be allowed within the cedars puD. All dwelling units witl be allowed an unrestricted number of natural gas-burning hreplaces or appliances. All dwelling units will 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 (l) 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 final plat, that demonstrates aminimum of 67 gpm pumping capacity for one or both wels combined. 8. 10. 11. 12. 13. 14. 15. 16. v' 485280 8-958 P-ZTB LL/Og/gS 01:36p pG 4 oF4 Dated 16ir 7th day of ATTEST: A.D. l9j1 . GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO November BOARD OF GARFIELD ,. \-" Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Mari-an I. Smith Chairman Arnold L. Mackley Aye AyeElmer (Buckey) Arbaney , Aye STATE OF COLORADO County of Garf,reld IN WTTNESS WHEREOF, I have hereunto set my hand and affrxed 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 commissleae6 ) )ss ) r' , County Clerk and ex-offrcio Clerk of the Board of CountyCommissioners 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 offrce.