HomeMy WebLinkAbout8.0 Resolution 97-264
608
RECEIVED APR 2 9 1997
STATE OF COLORADO )
)ss
County of Garfield )
At a regular hearing 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 7th of April A.D. 19 97 , there were present:
Marian I. Smith , Commissioner Chairman
John Martin , Commissioner
Larry McCown , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 7 - 2 6
A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE
PERMIT FOR RAPIDS ON THE COLORADO SUBDIVISION
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from Gene Hilton for a Floodplain Special Use Permit to allow the placement of fill material in
portions of the flood fringe of the Colorado River and Garfield Creek on the following described tract of land:
See Attached: Exhibit A
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the 7th day of October, 1996, upon the question of
whether the above-described Floodplain Special Use Permit should be granted or denied, 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
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
1. That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
1111111 lilll 111111 VIII 111111 VIII VIII III VIII IIII IIII
506740 04/08/1997 03 35P B1014 P808 447
1 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
4
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
County, Colorado, that the Floodplain Special Use Permit be and hereby is authorized permitting the use of
the above described tract of land for the placement of fill material in portions of the flood fringe of the
Colorado River and Garfield Creek, upon the following specific conditions:
1. That all representations of the applicant, either within the application or stated at the hearing
before the Board of County Commissioners, shall be considered conditions of approval.
2. That the Special Use Permit shall be issued when all conditions of approval are met and shall
be subject to adherence to specific conditions to be contained within the Subdivision
Improvements Agreement for the Rapids on the Colorado Subdivision.
3. That all placement of fill material shall be in accordance with the engineering specifications
for this type of floodplain development.
4. That the compaction of fill material shall be field verified by the developer's engineer, as it is
being placed, and the engineer shall provide individual, "as -built" elevation certificates, for
each affected lot, upon completion.
That approval of this Special Use Permit shall in no way be construed as approval of the
Rapids on the Colorado Subdivision, nor shall it obligate the Board of County Commissioners
to approve said subdivision.
That approval of this Special Use Permit shall preclude the necessity of compliance with the
following plat note/condition of approval, proposed for the Rapids on the Colorado
Subdivision:
Site specific, engineered building foundations and individual sewage disposal system designs
shall be subject to individual Floodplain Special Use Permit applications and approval, prior
to the issuance of a building permit for any construction identified within the 100 -year
floodplains of the Colorado River and/or Garfield Creek.
Prior to Final Plat, the developer's engineer shall submit site specific engineered plans for
residential development within the flood fringe of the Colorado River and Garfield Creek.
Furthermore, all development in these areas shall be consistent with these plans and shall be
1111111111111111111111111111111111111111111111111111111
506740 04/08/1997 03:35P 81014 P809 447
2 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
required to furnish as -built, elevation certificates demonstrating that all construction meets
the provisions of Section 6.09 of the Garfield County Zoning Resolution of 1978, as
amended, prior to the issuance of a Certificate of Occupancy by the Garfield County Building
Department.
7. That the lowest floor, including basement, of any new building designed for residential
occupancy shall not be less than one (1) foot above the maximum water elevation of the 100 -
year flood as determined by the Garfield County Flood Insurance Study.
8. That on-site individual sewage disposal systems shall be located so as to avoid impairment of
them or contamination fro them during a 100 -year flood event.
9. That prior to issuance of a building permit, the owner of each lot shall prepare and submit a
soils and foundation report, an I.S.D.S. design, and a grading and drainage plan prepared and
certified by a professional engineer. All improvements shall be constructed in accordance
with such measures, which shall be a condition of the building permit.
10. That the applicant/developer shall take prudent measures to control dust generation and
migration from the site, for the duration of development on the site.
Dated this 8th day of Aori l , A.D. 19 97
AT 1EST:
Cl rk of the Board
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 f,arry L. McCown
1111111 nisi 11111 11 ilial mil mil ui 1111 llI 111
506740 04/08/1997 03 35P B1014 P810 447
3 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
, Aye
, Aye
, Aye
STATE OF COLORADO )
)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
anal nisi nun 11111 olio IIMI Timm IIII 1111 111
506740 04/08/1997 03.35P 81014 P811 447
4 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
LEGAL DESCRIPTION
The Rapids of the Colorado
LEGAL DESCRIPTION
A tract of land situated in the SW1/4 of Section 4 and the SE1/4 of
Section 5, Township 6 South, Range 91 West of the 6th P.M. described
as follows:
Beginning at the Southwest Corner of said Section 4; thence N 0° 50' 00"
W 438.10 feet along the West line of said Section 4 and along the
Easterly line of that parcel of land described in Book 570 at Page 266 in
the Office of the Garfield County Clerk and Recorder;
thence N 75° 43' 18" W 101.89 feet;
thence N 17° 08' 41" W 115.59 feet;
thence N 53° 47' 08" W 177.75 feet to the center of the Colorado River;
thence along the center of said river N 23° 43' 15" E 339.10 feet;
thence N 23° 43' 20" E 310.00 feet;
thence N 35° 08' 15" E 419.25 feet;
thence N 42° 56' 13" E 499.62 feet:
thence N 65° 01' 47" E 404.40 feet
thence N 71° 35' 12" E 503.50 feet;
thence N 84° 15' 20" E 284.99 feet;
thence S 81° 33' 38" E 244.41 feet;
thence S 58° 02' 47" E 266.82 feet;
thence S 68° 42' 11" E 476.70 feet;
thence departing the center of said Colorado River S 0° 29' 34" E 523.50
feet to the Northeast Corner of that parcel described in Book 527 at page
743 as Reception No. 293881; Thence along the boundary of said parcel
S 78° 22' 10" W 321.42 feet; thence S 8° 40' 15" E 378.29 feet to a point
on the Northerly Right -Of -Way of County Road No. 335; thence along
said Right -Of -Way S 78° 58' 32" W 207.05 feet; thence 140.15 feet along
a curve to the left, having a radius of 1030.00 feet, a central angle of 7°
47' 46"; the chord of which bears S 75° 04' 40" W 140.04 feet; thence S
71° 10' 47" W 396.23 feet; thence 66.20 feet aloog the arc of a curve to
the left having a central angle of 7° 09' 25" and a radius of 530.00 feet;
the chord of which bears S 67° 36' 05° W 66.16 feet; thence S 64° 01'
23" W 296.11 feet; thence departing said Right -Of -Way S 0° 14' 42" E
653.78 feet to a point on the South line of said Section 4; thence S 89°
20' 08" W 1308.98 feet to the POINT OF BEGINNING; said described tract
containing 97.269 acres, more or less.
1111111111111111111111111111111111111111111111111111111
506740 04/08/1997 03:35P B1014 P812 447
5 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER