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Home My WebLink About5.0 Resolution 2001-60Lru Ullllllu l|;Hllull lL|l | llr.r,[[! I I 1'of 5 R 0.O0 D 0.Og GflRFIELD COUNTY C0 STATE OF COLORADO County of Garfield Jo n ) )ss ) Ar a regular meeting of the Board of County Commissioners for Garfleld County, Colorado, held in rhe Commissio-ners' Meeting Room, Garfield County Counhouse, in Glenwood Springs on Monday, the 20th of August A.D. 2001' there were present: La rrv Mc n . Commissioner Chairman , Commrssioner w Stowe , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to-wit' RESOLUTION NO 2001-50 A RESOLUTION CONCERNED W]TH THE APPROVAL OF A PRELIMINARY PLAN FOR THE ROARING FORK PRESERVE SUBDIVIS]ON WIIEREAS, Roaring Fork Preserve, LLC filed an application with the Board of County Commissioners of Garheld County for approval of Preliminary Plan for the Roaring Fork Preserve Subdivision; and WHEREAS, the Garfield County Planning Commission reviewed the Roaring Fork Preserve Subdivision preliminary Plan application and recommended approval 1o the Board ofCounty Cornrnissioners; 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: L 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, matlers and issues were submitted and that all interested parties were heard at that hearings t It4 a rt in l:[illl $lll#lll IlH ! U[[JJi'i']Jl|,il[lutu't j. That the proposed subdivision ofland is in compliance with the recommendations set fonh in the Comprehensive Plan for the unincorporated area olthe County' 4. That all data, surveys, analysis, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements ofthe Garfield County Subdivision Regulations. 5. That the proposed subdivision ofland conforms to the Garfield County Zoning Resolution. That for the above-stated and other reasons, the proposed subdivision is in the best intere$ of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW. THEREFORE, BE lT RESOLVED that the Preliminary Plan offor the Roaring Fork Preserve Subdivision. located in the unincorporared area of Garfleld County described in the application, be approved with rhe following conditions: l. All representations ofthe applicant made in the application and at the hearings before the Planning Commission and Board of County Commissioners shall be considered conditions of approval, unless approved otherwise by the Board. 2. Theapplicant provide a map showing the location ofthe noxious weeds by type and location on the piop"ny prior to Final Plat approval. Additionally, the County Vegetation Managemenl om"" *iff be'provided a copy of t-he map and a specific plan 1o treat the propeny immediately for L"ry ,purg" and spotred knapweed will be agree upon, prior to Final Plat approval 3. The improvements associared with the Final Plat will include a revegetation provision for the disturbed areas associated with the improvements for the subdivision, along with security to guarantee thal the revegetation has been successful' 4. Impacr fees shall be paid to the Fire District prior to finalization ofthe final plat. The applicant shall adhere to the recommendations ofthe Carbondale and Rural Fire Protection District 5. The applicant shall receive a recommendation from the colorado Division. of water Resources- ,t"ti"g tf,at there will be no material injury to water rights in the area or copiesofthe approved *"tt p""rrits p;or to Preliminary Plan approval. Prior to the approval any Final Plat, each well permit will bi approved by the State Division of Water Resources and each well will be drilled and meet the following criteria: l. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics ofthe aquifer and the static water level; 3. The results ofthe four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 6 $l$[Jl3lI',,#|II|I[!!!s[L|,l].Jr,j,]HlilHJi1.!] 4. A wntten opinion ofthe person conducting the well test that this well should be adequate to srpply water to the number ofproposed lots; 5,Anassumptionofanaverageofnolessthan3.5peopleperdwellingunir,usingl00gallonsof water per persorl Per daY; 6. lfthe wellis to be ihared, a legal, well sharing declaration which discusses all easements and costs associated with the operatioi and maintenance ofthe system and who rxill be responsible for paying these coss and how assessments will be made for these costs; I Tie,iater quality be tested by an independent testing laboratory and meet State guidelines concerrung bactena and rutrates. The covenants need to select a specific ISTS technology required for the development or the "or.nunr, may be modified to require a choice of the two technologies, with the understanding irr-u, iru "orpuny goes out ofbusiness the HOA can select another replacement technology' Hepworth-Pawlak Georech's recommendations shall be followed. Site specific studies .rr"ir u.."rar"red for individual lot development. The need for site specific studies shall be disclosed in the covenants and on the plat in the form ofa plat note' All building envelopes shall be redesignated to be consistent with the recommendations of Beach i"rir"rrJr,"l recommendations and the new building envelopes will be certified by Beach Enrironr.n,uf as being consistenr with their recommendations, prior to an Final Plat approval. AllproposedroadsshallbebuilrroGarfreldCountySubdivisionstandards'withoutany "*""ptiors. Emergency access for the development will be provided for all roadways or the cul- ai-racs Utl be reduced in length to 600 ft. or less. Provided a suitable emergency access to l"rriv n*a ,100 offof Road C and a common emergency access between lots I and 4 to the r'/t"vnve."asubdivision.RoadCshallbeasemi-primitiveroadwithacul-de-sac. 6 1 8 9 prior lo any final plat approval the applicant will obtain a deed for the emergency access easement between Lots I and 4 from the Ma1'fly Bend property' All utilities shall be buried. Articles oflncorporation shall be proposed by the applicanr prior to the approval ofthe preliminary plan rhat must be filed at the time of final plat The covenants shall be amended as follows: I . Section 3. I 2 of the covenants needs to be modified ro indicate that only the northern portion' orri,. properry actually borders the Roaring Fork fuver and that the fishing easement applies .rrv,. f.iar *irhin the subdivision. The covenants should clearly indicat€ that privale iro'p"rty rigr,t, exist and that no trespassing shall occur on the bordering property. Preferably, ii,. uppii"unt would obtain a fishing easement for HOA members' 2. A plar note and covenant that will "hold harmless" the Colorado Division of Wildlife from 10. It. 12. 't3 l##q! lslqlipblllH ! uuL'JJl'.il,[l'uL|J r any and all claims for damage to landscaping improvements, fencing , ornamental and native pla'ts, und garden plants resulting from the activities of wildlife and the same language be included in the covenants' 3. An amendment to the covenants thal requires all outside storage ofhay to be enclosed in a game prooffence, at least eight (8) feet in height' Dared this 2 0thday of Auq us , A,D. 2001 GARFIELD COLTNTY BOARD OF COMMI S SIONERS, GARFIELD COITNTY, COLORADO t eo.-' ..) 'f i;,,,''.../(t: i:r G 6-, i ofthe oard r--. -'.'Q-, \\* . l\ . ..' .Upon morion duly made and seconded the foregoing Resolution was adoprid {lhe.following vote Chairman L Aye Aye , AyeWalt St ATTEST i l!#ryiql #[I llll ! ll[:L,,JJ,'l'.',}I|!r Ll,rl[! r r STATE OF COLORADO County of Garfield 1, Commissioners in and for the County and State Resolution is truly copied from the Records of County Clerk and ex-offrcio Clerk ofthe Board ofCounty aforesaid do hereby certi! that the annexed and foregoing the Proceeding ofthe Board ofCounty Commissioners for ) )ss ) said Garfield CountY, now in mY offrce' IN WITNESS WHEREOF, I have hereunto set my hand and aflixed the seal of said County, at Glenwood Springs, this - day of A D. 2001 County Clerk and ex-oficio Clerk ofthe Board of County Commissioners