HomeMy WebLinkAbout4.0 Resolution 2006-201 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
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 Plaza Building, in
Glenwood Springs on Tuesday, the 215' of February, 2006, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt (Not in Attendance) , 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. 2006-20
A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN
SPECIAL USE PERMIT FOR A PROPERTY 4451 COUNTY ROAD 117 AND
OWNED BY DONALD AND JANICE BERGER
Parcel ID: 2395-102-00-023
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Floodplain Special Use Permit (SUP) application from Donald and Janice
Berger to construct a bridge across two channels of Four Mile Creek where portions of
bridge abutments will be located in the flood fringe of the 100 year flood plain as mapped
by FEMA; and
WHEREAS, the subject property contains approximately 10 acres, is located in
the Four Mile Creek drainage in Sections 3, 9, and 10 of Township 7 South, Range 89
west and more practically located at 4451 County Road 117; and
to WHEREAS, the Board of County Commissioners opened a public hearing on the
6 day of February, 2006 and continued the public hearing to the 215' day of February,
2006 upon the question of whether the above-described Floodplain Special Use Permit
for a bridge crossing of two channels of Four Mile Creek should be granted or denied,
during which hearing the public and interested persons were given the opportunity to
express their onininnc raoarri;„ ._ , �...
WHEREAS, the Board of County Commissioners closed the public hearing on the
21S` day of February, 2006 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Board of County Commissioners.
2. That the public hearing before Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings.
3. The proposed Floodplain Special Use Permit conforms to Sections 5.03, and 6.00 of
the Garfield County Zoning Resolution of 1978, as amended.
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
Commissioners of Garfield County, Colorado, that based on determination of factsnty set
forth above, the Floodplain Special Use Permit application is approved with the
following conditions:
1. That all representations made by the Applicant in the application and as testimony in
the public hearing before the Board of County Commissioners shall be considered
conditions of approval, unless specifically altered by the Board of County
Commissioners.
2. All new construction or substantial improvements shall be designed and adequately
anchored to prevent flotation, collapse or lateral movement, be constructed with
materials and utility equipment resistant to flood damage, and be constructed by
methods that minimize flood damage.
3. The Applicant shall provide the County with an approval from the US Army Corps of
Engineers stating that the bridge spans have been approved prior to the County's
issuance of a Special Use Permit.
Dated this _ 13th da of March ,
y A.D. 2006.
ATTEST:
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GA:. D COUNTY,
C
.., '% (erk of the Board
Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin , Aye
Larry McCown Aye
Tresi Houpt , Absent
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. 2006
County Clerk and ex -officio Clerk of the Board of County Commissioners