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Home My WebLink About09.0 Resolution 2001-601111111 11111 111111 11111 Il 1111111111111 111 11111 II111111 586745 08/21/2001 10:40A B1279 P57 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield } )ss } 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 on Monday, the 20th of August A.D. 2001, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2001-60 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE ROARING FORK PRESERVE SUBDIVISION WHEREAS, Roaring Fork Preserve, LLC filed an application with the Board of County Commissioners of Garfield 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 to the Board of County Commissioners, 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: 1. 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 were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. 111111 11111 111111 111111 1111111 HE 111 11111 1111R1111 586743 08/21/2001 10:40A B1279 P58 M ALSDOF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 3 . That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the 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 of the Garfield County Subdivision Regulations. 5. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 6. That for the above-stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of for the Roaring Fork Preserve Subdivision, located in the unincorporated area of Garfield County described in the application, be approved with the following conditions: 1. All representations of the 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. The applicant provide a map showing the location of the noxious weeds by type and location on the property prior to Final Plat approval. Additionally, the County Vegetation Management office will be provided a copy of the map and a specific plan to treat the property immediately for leafy spurge and spotted knapweed will be agree upon, prior to Final Plat approval. 3. The improvements associated 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 that the revegetation has been successful. 4. Impact fees shall be paid to the Fire District prior to finalization of the final plat. The applicant shall adhere to the recommendations of the Carbondale and Rural Fire Protection District. 5. The applicant shall receive a recommendation from the Colorado Division. of Water Resources stating that there will be no material injury to water rights in the area or copies of the approved well permits prior to Preliminary Plan approval. Prior to the approval any Final Plat, each well permit will be approved by the State Division of Water Resources and each well will be drilled and meet the following criteria: 1. 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 of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 1 111111 II 11111111111 1i1Oi iiii ii ii 11ILII 586745 08/21/2001 10:40A 81279 P59 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 6. The covenants need to select a specific ISTS technology required for the development or the covenants may be modified to require a choice of the two technologies, with the understanding that if a company goes out of business the HOA can select another replacement technology. 7. Hepworth-Pawlak Geotech's recommendations shall be followed. Site specific studies shall be conducted for individual lot development. The need for site specific studies shall be disclosed in the covenants and on the plat in the form of a plat note. 8. All building envelopes shall be redesignated to be consistent with the recommendations of Beach Environmental recommendations and the new building envelopes will be certified by Beach Environmental as being consistent with their recommendations, prior to an Final Plat approval. 9. All proposed roads shall be built to Garfield County Subdivision standards, without any exceptions. Emergency access for the development will be provided for all roadways or the cul- de-sacs will be reduced in length to 600 ft. or less. Provided a suitable emergency access to County Road 100 off of Road C and a common emergency access between lots 1 and 4 to the Mayfly Bend subdivision. Road C shall be a semi -primitive road with a cul-de-sac. 10. Prior to any final plat approval the applicant will obtain a deed for the emergency access easement between Lots 1 and 4 from the Mayfly Bend property. 1L All utilities shall be buried. 12 Articles of Incorporation shall be proposed by the applicant prior to the approval of the preliminary plan that must be filed at the time of final plat. 13 The covenants shall be amended as follows: 1. Section 3.12 of the covenants needs to be modified to indicate that only the northern portion of the property actually borders the Roaring Fork River and that the fishing easement applies only to lands within the subdivision. The covenants should clearly indicate that private property rights exist and that no trespassing shall occur on the bordering property. Preferably, the applicant would obtain a fishing easement for HOA members. 2. A plat note and covenant that will "hold harmless" the Colorado Division of Wildlife from 1111111 11111 11 1111111111111 111 1111111111111 586745 08/21/2001 10:40A 81279 P60 M ALSDORF 4 of 5 R 0.00 0 0.00 GARFIELD COUNTY CO any and all claims for damage to landscaping improvements, fencing , ornamental and native plants, and garden plants resulting from the activities of wildlife and the same language be included in the covenants. 3. An amendment to the covenants that requires all outside storage of hay to be enclosed in a game proof fence, at least eight (8) feet in height. Dated this 20thday of August , A.D. 2001. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairina } 'Uponduly motion made and seconded the foregoing Re lution was adopte John Martin Larry McCown Walt Stowe the,5llowing vote: , Aye , Aye , Aye 1111111 111111 111111 111111 11 1111111111111111 11111 11111111 586745 08/21/2001 10:40A B1279 P61 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss ) I, , 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. 2001. County Clerk and ex -officio Clerk of the Board of County Commissioners