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STATE OF COLORADO
County of Garñeld
Ala resular hearing of the Board of County Commissioners for Garñeld
Colorado, held in the Commissioners'Meeting Room, Garñeld County Courthouse, in Glenwood
on Monday , the ?th of April A.D. 19 97 , there were present:
Marian l. Smith _ - , Commissioner Chairman
.Iohn Martin Commissioner
Commissioner
County Attorney
Clerk of the Board
County Administrator
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Mildred Alsdorf
fak"¡L Tlo".ha-o"
when the following proceedings, among others were had and done, to-wit
RESOLUTION NO 97 -t^
A RESOLUTION CONCERNED WrTH THE APPROVAL OF A TLOODPTAIN SPECIAL USE
PERMIT FOR RAPIDS ON T}IE COLORADO S{-IBDIVISION
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from Gene lülton for a Floodplain Special Use Permit to allow the placement of fill material in
portions of the flood fringe ofthe Colorado River and Crarfield Creek on the following described tract of land:
See Attached: Exhibit A
(in the State of Colorado and the County of Garfield); and
\ryHEREAS, the Boa¡d held a public hearing on the 7th day of October, 1996, upon the question of
whet¡or the abovedesc¡ibed Floodplain Special Use Permit should be granted or denicd, at which hearing
the public and interested persons were given the opportunity to express their opinions regarding the issuance
of said Speciat Use Permit; and
\ iHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
That-proga-publication axtpubliçnot"icswasprovideúariequired by law furthe hearing
before the Board of County Commissioners.
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2. That the hearing before the Board of County Commissioners was extensive and complete, that
a¡l pertinert facis, 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 ofthe health,
safety, morals, convenience, order, prosperity and welfare of the citizens of GarÊeld County.
NO\ry, T¡IEREFORE, 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 ihe placement of fill material in portions of the flood &inge of the
Colorado River and Garñeld Creek, upon the following specific conditions:
l. That all representations ofthe applicant, either within the application or stated at the hearing
beforc the Board of County Còmmissioners, shall be considered conditions of approval'
Z. That the Special Use Permit shall be issued when all conditions of approval are m9r,a1! ¡hall
be subject to adherencc to specific conditions to be contained within the Subdivision
Improvements Agreernent for the Rapids on the colorado subdivision.
3. Th¿t all placement of fill material shall be in acçordance with the engineering specifications
for this type of floodplain development.
4. That the compaction offill material shall be field verified by the developer's engineer, as it is
being placed, and the engineer shall provide individual, "as-built" elevation certifimt€s' for
each affected lol, l¡Pon comPletion.
5. That approval of this Special Use Permit shall in no way be construed as approval of the
Rapids on the Colorado Subdivisioq nor shall it obligate the Board of County Commissioners
to approve said subdivision'
6. Thai approval ofthisSpeuiai UsePermitshall preclude ihe 'necessity of complianee,with the
following plat notelcàndition of approval, proposed for the Rapids on the Colorado
Subdivision:
Site specific, ørgineered building foundations and individuat sewage disposal system designs
shall be *Uj.otio individual Flãodptain Special Use Permit applications urd approval, prior
to the issuance of a building permit for any construction identified within the 100-year
floodplains of the Colorado River an#or Garfield Creek'
prior to Final plat, the developer's engineer shall submit site specifro engineered pl*1s for
residential development within the floãd fringe of the Colorado River and Garfield Creek-
Furthermore, all dåvelopment in these arcas shall be consistent with these plans and shall be
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required to furnish as-built, elevation certificates demonstrating thal aU construction meets
the provisìons of Section 6,09 of the Garñeld County Zonag Resolution of 1978, as
amended prior to the iss¡ance of a Certificate of Occupancy by tbe Garñeld County Building
Department.
That the lowest floor, including basement, of any new building designed for residential
ocçupancy shall not be less than one (l) foot above the maximum water elevation ofthe 100-
year flood as determined by the Garñeld County Flood Insurance Study.
That on-site individual sewage disposal systems shall be locatcd so as to avoid impairment of
them or contamination fro them during a 100-year flood event.
That prior to issuance of a building permit, the owner of each lot shall prepore and submit a
soils and foundation report, an LS.D.S. design, and a grading and drainage plan prepared and
certified by a professional engineer. AII improvements shall be sonstructed in accordance
with such measures, which shall'be a condition of the building permit.
That the applicanVdeveloper shall take prudent measures to control dust generation and
migration from the site, for the duration of development on the site.
Aoril. - , A.D. 19 iZ-
8.
9,
10.
Dated this Bth day of
ATTEST:ÛARFIELD COTINTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
ãn*r*-,t Ør"t*
ofthe Board Chairman
Upon rnotion duty made and seconded the foregoing Resolution was adopted by the following vote:
Cha i I - Smith
Commi ss oner John F. Martin
Aye
Aye
Ayen^-*i -ai ^ñae t --err T
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STATE OF COLORADO
County of Garfield
I,
Commissioners in and for the County and State
Resolution is truly copied ûom the Records of
said Garfield County, now in my office.
County Clerk and ex-officio Clerk of the Board of County
aforesaid do hereby certi$ that the annexed and foregoing
the Proceeding ofthe Boa¡d of County Commissioners for
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IN WITNESS WHEREOF, I have hereunto s€t my hand and affxed the seal of said County, at
Glenwood Springs, this
-
day of
-
A'D. 19-.
Counfy Cterk a¡d ex-officio Clerk of the Board of County Commissioners
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LEGAL DESCRIPTION
The Rapids of the Colorado
LEGA_!- pEECRtPTtON
A tract of land s¡tuatèd in the SW1/4 of Section 4 and the SEil4 of
Section 5, Township 6 South, Range g1 West of the 6th P.M. described
as follows:
Beginning at the Southwest Corner of said Seclion 4; thence N 0o S0' 00,'
W 438.10 feet along the West line of said Sectíon 4 and along the
Easterly line of that parcel of land described in Book 570 at Page 266 in
lhe Office of the Garfield County Cterk and Recorder;
lh€nce N 75o 43' 18" W 10f.89 feet;
ihence N f7o 08' 41" W 115.59 feet;
lhênce N 53o 47' 08" W 177.75 feet to the eenter of lhe Colorado River;
thence along the center of said river N 23o 43'15" E 339.10 feet;
thence N 23" 43' 20" E 310.00 feet;
thence N 35" 08' 15" E 419,25 fêet;
lhence N 42" 56' 13" E 499.62 feet:
lhence N 65" Q1' 47" E 404.40 fe€t
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 teel;
thence S 58o 02' 47" E 266.82 feet;
thence S 68o 42' 11" E 476.70 feet;
thence departing the center of said Colorado River S Oo 29' 34" E S2g.S0
feet to the Northeast corner of that parcel described in Book s27 at page
743 as Reception No.293881; Thence along the boundâry of said parcel
S 78" 22' 10" W 321.42 feel; thence S 8" 40' 15" E g7g.2g feet to a point
on the Northerly Right-Of-Way of County Road No. S35; thence a¡ong
said Right-Of-Way S 78o 58'32" W 207.05 feet; thence 140.1S feet along
ã curve lo the left, having a radius of 103f).00 feet, a central angle of 7.
47' 46"i the chord of which bears S 75" t4' 40" W 140.04 feet; thence S
71o 10' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve to
the lefl having a central angle of 7o 09' 25" and a radius of 530.00 feel;
the chord of which bears S 67'36'05" W 6ô.16 feet; thence S 64" 01'
23" W 296.11 feet; thence departing said Right-Of-Way S 0o 14' 42" E
653.78 feet to a poinl on the South tine ot said Section 4; thence S B9o
20' 08" W 1308.98 feet to the POINT OF BËG|NN|NG; said described tract
contaíning 97.269 acres, more or less.
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