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HomeMy WebLinkAbout2.0 Resolution 2002-831111111111111111111111111111111111111111111111111111111 610822 09/17/2002 03:23P B1387 P109 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 Plaza Building, in Glenwood Springs on Monday, the 5th day of August, 2002, there were present: John Martin Chairman Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2002-83 A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT APPLICATION FOR WINDRIVER DEVELOPMENT, LLC WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from WindRiver, LLC for a Floodplain Special Use permit to construct two road sections, a wastewater treatment outfall structure in the 100 -year flood way, and 11 building envelopes in the 100 -year flood fringe for the Blue Creek Ranch property practically described as an 81 acre tract being located directly south of State Highway 82 and east of County Road 100 and known as the Blue Creek Ranch. WHEREAS, the Board held a public hearing on the 5th day of August 2002 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 Use permit; and of said Floodplain Special WHEREAS, the Board closed the public hearing on the 5th day of August 2002 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: X1111111111 111111 11111111111111 1111111 III 11111 1111 1111 o10822 09/17/2002 03:23P B1387 P110 M AL DORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO ORF 1 Proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, all pertinent facts, matters and issues were submitted, and that all interested parties were heard at that hearing. 3. The application is in compliance with the standards as set forth in Section 6.00 of the Zoning Resolution regarding Floodplain Regulations in the Garfield County. 4. 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 based on the determination of facts set forth above, the Floodplain Special Use permit requested is hereby approved to allow for the construction of two road sections, a wastewater treatment outfall structure in the 100 - year flood way, and 11 building envelopes in the 100 -year flood fringe with the following conditions of approval: 1. All representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall comply with all six (6) special conditions stipulated by the U.S. Army Corps of Engineers in their letter dated April 10, 2002 relating to the nationwide permit to discharge dredged or fill material in waters of the United States for outfall structures and maintenance, minor discharges, and linear transportation crossings. These include: a) The Applicant must submit pre -construction photographs of the outfall conditions to the Roaring Fork River along with post construction photographs to establish recontour and grade matching activities effecting above and below the ordinary high water mark. b) Plant species identified and delineated by the Andy Anitpas report dated August 8, 2000, must be restored in the compensatory mitigation area using a combination of the following trees and shrubs; Pupulus angustifolia, Alnus incana, Cornus stonifera, Picea pungens, and Salix exigua. c) Topsoil from the delineated 1,505 square feet of impacted wetlands adjacent to building lot 21 must be moved to the area of compensatory 11111111111111111111111111111111 111 1111111111111 22 09/17/2002 03:23P 81387 P111 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO mitigation and placed below the existing grade. The area of compensatory mitigation is directly east of building lots 18 and 19, within tract 5 of the final plat map submitted to this office and dated January 4, 2002. d) The Applicant must submit prints of photographs depicting the degree to which performance criteria has been met for the 2300 square feet of compensatory mitigation wetland in a wetland mitigation report. e) The Applicant must send a signed letter of certification to the Corps of Engineers within 30 days after completion of the work (see general condition number 14). A copy of the certification statement is included for your use. f) The Applicant must comply with any Federal Emergency Management Agency (FEMA) approved state or local management requirements for building activities within the 100 year floodplain identified by your Existing Conditions / Topography Map dated September 21, 2000. 3. Prior to the operation of the central wastewater facility, and consistent with the requirement imposed by the State of Colorado Department of Public Health and Environment, the Applicant shall obtain a discharge permit which shall specify the "final conditions and limitations of the operations of the facility." This permit shall be submitted to the Garfield County Building and Planning Department prior to the issuance of a Certificate of Occupancy by the Garfield County Building Department for any residential lot on the property. 4. The Applicant shall comply with the conditions of approval as stated in the letter from the Colorado Department of Public Health and Environment (CDPHE) to Blue Creek Land Holdings, LLC dated November 21, 2001 and included as Appendix 8 in the applications materials, as the same may be modified or superceded by any final discharge permit issued by the Department for the subject facility. Further, as stated by CDPHE; a) This site approval will expire one year from November 21, 2001 if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new site approval. Construction is defined as entering into a contract for the erection cr physical placement of materials, equipment, piping, earthwork, or buildings that are to be part of a domestic wastewater treatment works. b) The design (construction plans and specifications) of the treatment works must be approved by the Division prior to the commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. 1111111 11111111111 111111 11111111 1111111 II 1111111111111 610822 09/17/2002 03:23P B1387 P112 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO c) The Applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with the approved plans, specifications, and change orders. 5. The Applicant shall provide language within the protective covenants for the development, as well as incorporate into a plat note on the Final Plat which lots within the development have existing wetlands and areas within the flood fringe and / or flood way of the Roaring Fork River. In addition, the covenants and the plat note shall state that disturbance of any such designated wetland or floodplain areas is prohibited without receiving the proper approvals from the necessary jurisdictions. 6. The Applicant shall incorporate language in the protective covenants for the development that indicates to future purchasers of lots that contain building envelopes located within the flood fringe that they are subject to the Garfield County Floodplain regulations for further development. 7. This Resolution shall constitute the necessary Special Use Permit approval for development on each of the lots subject to the Floodplain Regulations in the Garfield County Zoning Resolutions. As each such lot is developed, the owner / developer shall demonstrate to Garfield County Building and Planning Department as part of the building permit process that the finished floor elevation shall be constructed at one foot above the floodplain elevation. No building permit shall issue until this condition is met. This condition shall be included as a plat note on the Final Plat. 8. Prior to the issuance of a Certificate of Occupancy (CO) for each structure subject Garfield County Floodplain Regulations, the Applicant shall provide the Garfield County Building and Planning Department with an official survey indicating that the finished floor elevation for all structures is constructed at one foot above the floodplain elevation. This survey shall be completed by a licensed surveyor who shall sign and stamp the survey submitted to this Department. This condition shall be included as a plat note on the Final Plat. 9. The Applicant shall also depict the following items on the Final Plat: a. The 100 -year flood way; b. The 100 -year flood fringe; c. The building envelopes for all lots in the development; and d. The elevation fnr Paoli hi»lding envelope at 1 foot above the base flood elevation. Dated this 17th day of September, A.D. 2002. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD Nay Aye Aye CO Chai ipperiluwasmo_r Upon motion duly made and seconded the for.: • ' esolution the following vote: John Martin ed by Larry McCown Walt Stowe STATE OF COLORADO )ss County of Garfield 1, , 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 1111111 11111111111111111111111111111111 III 11111 1111 IIII 610822 09/17/2002 03:23P 61387 P113 M ALSDORF 5 of 5 R 0.00 0 0.00 GARFIELD COUNTY CO