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Home My WebLink About7.0 Resolution 97-45• • 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 on Monday , the 5th of May A.D. 19 97 , there were present: Marian I. Smith John Martin Larry McCown Don DeFord Mildred Aisdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 97 -45 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT (RESORT) FOR LAKE TOUEYE WATER SKI CLUB. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Lake Toueye Water Ski Club for a Special Use Permit for a Private Water Skiing Club on the following described tract of land: See Attached: Exhibit A (in the State of Colorado and the County of Garfield); and WHEREAS, the application was referred to the Garfield County Planning Commission who conducted a public hearing, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit and, after the conclusion of said hearing, the Planning Commission voted to recommend approval of the request, with specific conditions attached, to the Board of County Commissioners; WHEREAS, the Board held a public hearing on the 14th day of April, 1997, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public 111111111111 1111111111111111111111111111111111111111111 507927 05/06/1997 03:44P 81017 P853 447 1 of 7 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use 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 by the Board of County Commissioners of Garfield Couny, Colorado, that the Special Use Permit be and hereby is authorized permitting a Private Water Skiing Club (Resort), upon the following specific conditions: 1. All representations of the applicant, either within the application, or stated before the Board of County Commissioners, shall be considered conditions of approval unless stated otherwise by the Board. 2. There will be a maximum of 48 members/guests at any one time on the site. 3. That water skiing will only be allowed between the hours of 7 a.m. to 9 p.m. 4. All boats shall be muffled, with the exhaust system venting underwater. 5. Any external lighting shall be oriented inward and downward, so as not to reflect or shine on any adjacent property. That the construction of a clubhouse will require that the plans be certified by an engineer at the time that a building permit is submitted. Upon completion of the building, an elevation certificate shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy. That the applicants provide an access easement along the north and east sides of the lake for the property owned by the Anderson estate. 111111111111111l 1111111111111111111111111111111111111 507927 05/06/1997 03:44P B1017 P854 447 2 of 7 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER • • 8. The applicants shall submit a letter from the City ofRifle stating its approval of the relocation of the existing sewer line that crosses the western portion of applicant's property.. 9. The applicants shall submit a letter from the Garfield County Road and Bridge Department supervisor stating that the existing roads and bridges providing access to the site are adequate for the traffic that will be generated by the proposed use. 10. The Special Use Permit authorized for this land use shall be subject to review, by the Board of County Commissioners, on November 3, 1997, at 11:30 a.m. 11. That the regulations governing operation shall be amended to the following language: Guests will be your responsibility and must sign a liability waiver before using the lake in anyway. An individual membership member may only bring two guests at a time. Members must always be present with guests. At no time shall there be more than 48 individuals, members or their guests on the site. Pets: Please, leave them at home. If you must bring them, they must be under your strict control and at no time shall pets be allowed to wander off the property. You will be responsible for their actions and will be expected to clean up after them. 12. The Garfield County Board of Commissioners shall have the authority to regulate and decide any proposed changes to the items listed in Exhibit B, attached to this Resolution. If any changes to these items are proposed, the changes shall be submitted, in written form, to the Planning Department, for referral to the County Commissioners. Dated this AT 1LST: Clerk of the Board 6thday of May , A.D.:9 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH COMMISSIONER JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN 111111 11111 111111 VIII 1111 1111111 11111 III 11111 ID 111 507927 05/06/1997 03:44P 81017 P855 447 3 of 7 R 0.00 0 0.00 N 0.00 GARFIELD COUNTY CLER , Aye , Aye ,Aye • • STATE OF COLORA` 4) .a )Ss County of Garfield ) 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners 11111111111111111111111111 111111111111111 1111111111111 507927 05/06/1997 03:44P 81017 P856 447 4 of 7 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER • • EXHIBIT A A•TRACT OF LAND SITUATED IN LOT 12 OF SECTION 18, LOT 6 AND THE SE1/4SW1/4. OF SECTION 17, THE NE1/4NE1/4 OF SECTION 19 AND THE NW1/4NW1/4 AND THE NE1/4NW1/4 OF SECTION 20, ALL 11: TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH PRINCIPAL 'MERIDIAN, COUNTY OF GAR!IELD, STATE CF COLORADO; SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMnNCINr 4T THE SOUTHWEST CORNER OF SAID SECTION 17, AN IRON POST :ND ALUMI_NUM C'AP FOUND IN PLACE AND MAR:CED L.S. #16397., THE TRUE VOINT OF BEGINNING/ THENCE N. 00 DEGREES 44' 58" W. ALONG THE WESTERLY LINE. OF SAID SECTION 17 (AND SOUNDED ON THE WEST BY DOCUMENT NO. 259430,. AS FILED IN THE GARPIELD COUNT: CLERX AND RECORDER'5.OFFICE), 334.34 TEST TO A POI.NT ON THE SOUTHERLY RIGHT OF WAY LINE OF U. S. HIGHWAY INTERSTATE 70, THENCE 3. 89 OEGRBES 26' 24" 3. ALONG SAID SOUTHERLY P.1'HT OF WAY LIPS 1517.54 FEST/ THENCE CONTINUING /LONG SAID SOUTHERLY RIGHT OF WAY LINE N. 82 DEGREES 01' 36' 3:202.20 FEET/ THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE S. 39 DEGREES 26' 24" E. 500.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGH _ OF WA'. „_.._ N. 36 DEGREES 44' 36" E. 300.70 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGH': OF WA': LINE S. 89 DEGREES 26' 24" E. 115.52 FEE. TO A POINT CN THE EASTERLY Y LINE OF THE SEE1 /4SW1/4 OF SECTION 17; THENCE LEAVING SAID SOUTHERLY RIGHT OF NA3 LINE S. 00 DEGREES 48' 13" E. ALONG T:i3 0 3TErRLYJ:21 OF THE SE1/4::71 OF SAID SECTION 17 _42.27 FEET TO ?EQTUARTER. CORNER COMMON TO SAID SECTIONS 17 A::D 20, A REHEAR Aiii'. PLAIN CAP FOUND IN PLACE; THENCE S. 00 DEGREES 31' 21" 3. ALONG THE EASTERLY LINEOF 1113 NE1/4NW1/4 OF SAID SECTION 20, 428.46 TC A POINT ON HE NORTHERLY LINE OF THE RIFLE VILLAGE SOUTH SUBDIVISION; THENCE LEAVING SAID EASTERLY LINE S. 19 DECREES 32' 18" W. ALONG T:D3 NORTHERLYLINE OF SAID S ED:VISION 2190.00 FEET TO THS NORTHWEST CORNER OF SAID SUEDI.:SION THENCE S. 00. DEGREES 21' 21" 3. ALONG THE W=STERL'i LINE OF SAID S1TBDI4V�IS_C27 224.57 FE_ HENCE LEAVING SAID WESTERLY :.INE S. 39 DEGREES 23' 57 W. 714.46 ?HET THENCE S. 00 DECREES 01' 17" W. 604.71 FEET TO A ?O:N'; C THE SOUTHERLY LINE OF THE NE1'4N' 1/4 CF SAID _. _.:C:'' 19. TH_ICE S. 89 DEGREES 36' 37" W. ALO_<G 3;,I: SOUTHERLY L:..= 1035.03 _EES 70 ...E SOUTHWEST CORNER C7 .-HE NE:/4T3:,";F SAID SECT:ON 19, A RI''.BAR AND CA? IN PLACE; THENCE N. 00 DEGREES 33 40" N. ALONG HE;F.S7E'..L': THE NE1/4NE1/4 OF SAID SECTION 19, 1324.16 FEET TO THE NORTHWEST COPIER OF �` NE1/4NE1/4 OF .,III S3'TT:0C( 19: 71ENCE M. 00 DEGREES 32' 40" W. :_3 . n3 . 33T TO A POINT 7N T E CENTERLINE OF THE COLORADO 2IVER: _ 1III1111111111I111I1I 1111 1111111 11111 II 11111 lilt 111 507927 05/06/1997 03:44P 81017 P857 447 5 of 7 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLLR • • EXHIBIT A Tam= s. 75 DEGREES 32' 09" E. AI,ONG .SAID CENTERLINE 63.94 TEBI4C8 'ALONG SAID CENTERLINE S. 87 DEGREES 55' 02" E. 79,89 TUBI/ TBMNCE LzAv: TG . fiAiD CY,*i TERLINB S. 02 DEGREES 04' 50" W , (AND BOUNDED GN TH2 EAST BY DOCUMENT NO., 269430, AS FILED IN THE GARFIELD COUNTY CI,ERX AND RECORDER'S OPTICS) , 161.64 FEET TO A POINT ON Tun CENTERLINE OTI ADT EXISTING.SLOUGH OP :14S COLORADO YI72Pr TEENCS S. 63 D^SiRE.:S 20' 32" B. ALONG THE CENTERLINE OF SAID BLQT.T+H r AND ALONG SAID i JCUMENT LINE 732.23 FET / TFIENOR S. 51 DE'GASSS 14' 32," E. ALONG THE COMMON CENTETLINE OF SAID SLOUGH Asn ALONG 9..1 ID DOCUMENT L::T3 201.10 F3ET; THENCE • N. 77 DEGREES 49' 57" B. ALONG SAID C *TERLINE OF DITCH AND .3A. D' DCCLIMT LINE 379.31 .PRET TC A POINT ON THE WESTERLY LINE 0Y SECTION 20/ THENCE LEAVING SAID DITCH CENTERLINE N. 00 DEGREES 34' 50" N. ALONE: SAID WESTERLY LINE C? SECTION 20 (AND SOUNDED ON TH1i WEST RY SAID•DOCUMENT NO. 2694.30.), 429.32 FEET TO THE TRUE POINT OF BEG T `TIN.G . EXCEPTING T1MRS?RCM: THOSE PACO.. CONVEYED CR REFERENCED T'3 THS FOLLOW:NG GRANTEES AS Sc.FORTE IN DOCUMENTS NUMSSRSO 269430 A`D / 2- R2(CCRDE3' AS NO. 271423 (ANDERSON AND R:7L3 VILLAGE SOUT3T Kr7 OPCLITAN DISTRICT) 327227 AND 327358 (. rDERSCN .::u VII..LAGZ SOUTH METROPOLITAN DISTZIC='l COUNTY O? GARP1.5' STATE OF CCLJP.;.ZJ MIll 11111 II1II 11111 11111111111 111 111111111111111111 507927 05/06/1997 03:44P B1017 P858 447 6 of 7 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER