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Home My WebLink About5.0 Resolution 2006-21ililil l]il ililIil lll !ilr l[illlll lll lllll llll llll 693993 03/14/2006 04:16P 8L719 P925 lt ALSDORF 1 of 5 R O.Og O O.OO GRRFIELD OOUNTY C0 STATE OF COLORADO County of Garfreld At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Piaza Building, in Glenwood Springs on Tuesday, the 2lsrof February,2oo6,there were present: John Martin _, Commissioner Chairman Larrv McCown , Commissioner Trdsi Houpt (Not in Attendance) , commissioner Don DeFord _, County Attorney Mildred Alsdorf , Clerk of rhe Board Ed Green , , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTTON NO. 209-6-21 A RESOLUTION CONCERNED WTTH THE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT FOR TRACT A OF THE ELDER SUBDTVISION OWNED BY FALMOUTH, INC Parcel ID: 2393 -362-17-01 I WHEREAS, the Board of County Commissioners of Garfield County, Colorado,received a Floodplain Special Use Permii (sUP) application from Falmouth, Inc ro obtainapproval to construct a residential dwelling in thJfloodfringe of the 100-year floodplain as mapped by FEMA; and WHEREAS ,Tracl A of the Elder Subdivision contains approximately 1.204 acresand is Iocated in the floodfringe of the 100-year floodplain of the iloaring Fork River eastof carbondale in section 36 of rownship 7 south, Range gg west; and WHEREAS, t!1^B_oard of County Commissioners opened a public hearilg on the ?1" l"y :! February, 2006 upon the que'stion of wherher the above-described rtJoaptainSpecial Use Permit should be granted or denied, during which hearing the public andinterested persons were given ihe opportunity to "*pri, their opinioi, ."gtaing trr.issuance of said SUp; and WHEREAS' the Board of County Commissioners closed the public hearing on rhe ) )ss ) *n Y)/ l#J$ul[[Hul[l[r#!ut!|,I3l'J,l,ullllJLtLLul 27" dayof Febnrary ,2OA6to make a final decision; and WHEREAS, the Board of County Commissioners on the competent evidence pt"O"'J't the afoiementioned hearing' has determination of facts: i. Thar proper publication, public loliT' and posting was provided as required by law for the hearings Uefo'e the Board of County Commissioners' 2.ThatthepublichearingbeforeBoardofCountyCommissionerswasextensiveand complete; all pertinent facts, matters .ri'i*r"' *ere 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 Couniy%niniResolution of 1978' as amended' 4. The proposed use is in the best interesr 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 Garfiel.d county, colorado, that based on determination of facts set forth above, rhe Floodplain special ur"-rlr*t application is approved with the following conditions: 1. That the testimony provided by the Applicant -in the public hearing before the Board of county comLissiorr"rs ,nat uJ'"onsidered conditions of approval unless specifically modif,ied by the Board of County Commissioners' 2. The ]owest floor, including basement, of any new or sub.stantially improved building designed for residential occupan.y,tutt not Ue less than one (1) foot above the maximum warer elevation of the tob Year Flood at an elevation of 6203' 3. All new construction or substantial improvements shall be reasonably safe from flooding. All new construction or substantial improvements shall be designed and adequately anchored to prevent flotation, collapse or lateral movement, be constructed with materialsandutilityeq,ipm"ntresistanttoflooddamage,andbeconstn:ctedby methods that minimize flood damage' NeworreplacementwatersupplySystemsandsanitarysewagesystemsshallbe i"ri*n"A ,o ur to minimize or eiiminate infiltration of floodwaters' All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elivated above the highest adjacent grade of the nearest street to or uuorJ the depth number specified on the Flood Maps' Any new basis of substantial made the following 4. 5. LLtluI t[f ll!) il,1' r,tL' HIJIIUII ! |lI UL[! I ;;-5 i-o.os D o.@o GRRFIELD couNTY co constnrction or substantial improvements of nonresidential structures in areas identified as subject to sheet flow shatl have the lowest floor, including basement, elevated above the highest adjacent grade to or above the depth number-specified on the Flood Maps, or] together with attendant urility and sanitary facilities' be completely flood-proofed to or above the elevation of the water surface as specified on the Flood MaPs. 7. Require that all msu:ufactured homes or those to be substantially improved to be ptaced within Zone A on a corununity's FEMA or FIRM shall be installed using methods and practices which minimize flood damage' For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, "oilupp or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is itr addition to applicable State and local anchoring requirements -for resisting wind forces' A manuiactured home should be elevated a minimum of one (l) foot above the base flood level and anchored to the elevated foundation. 8. The degree of flood protection required and intended to be provided by this Regulation is considered reasonable for the protection of life and propelly and is based upon engineering and scientific methods of srudy. Larger floods may occur on rare ocCasions or the flood height may be increased by manmade or natural causes. This Regulation does not imply that areas outside the designated floodplains or land use permirted within such floodplains will be free from flooding or flood damages' ThiiRegulation shall not create liability on the part of the County or any officer or employei thereof for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. g. The Applicant shall provide a scaled site plan to the Building & Planning Department accurately illustrating the wetlands on the property. No development on Tract A shall impact the jurisdictional wetlands delineated on the property unless specific approvals have been obtained by the US Corps of Engineers. Such proof of approvals shall be provided ro the Building & Planning Department at the time of building permit application. 10. The owner / Developer shall demonstrate to Garfield County Building and Planning Department as part of the building permit process that the lowest finished floor elevation shall be constructed at one foot above the floodplain elevation. No building permit shall issue until this condition is met. 1 1. Prior to the issuance of a Certificate of Occupancy (CO) for each structure subject to the County Floodplain Regulations, the Applicant shall provide the County with an official survey indicating that the lowest finished floor elevation for all structures is consructed at one foot above the floodplain elevation (6203 feet). This survey shall be completed by a licensed surveyor who shall sign and stamp the survey submitted to the County. It is noted that the floodplain elevations are based on the 1929 datum. llllilt illl lllllll llilfllllmililil lll llll 693993 O3/14/2OAB 04;18P 81779 P92E ll ALS00RF 4 of 5 R O-oo D o.o0 GARFIELD 0OUNTY C0 t2.The Applicant shalt comply with all conditions stipulated by the US Army Corps of Engineers in their letter dated lolTgl% relating to the nationwide permit to discharge dredged or fill material in waters of the US to construct a driveway to access a single family dwelling. Dated 1[i5 13th day of March. , A.D. 2006. ATTEST: '\tr\rtlr"llll"'.""- \: zi : rtit'rr- l .t'J ."' Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye Larrv McCown , Aye: Trdsi Houpt . Absent STATE OF COLORADO County of Garfreld 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 Resoiution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my ) )ss ) GARFIELD BOARD COTINTY . .1.' ilililt llil llilil llt liltilll lllluull llllllllbbggsis3zlitzssa 04:1EP 8L119 P929 I'l RLSDoRF s "i s R o.oo D o.oo GARFIELD couNTY co 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 Cierk and ex-officio Clerk of the Board of County Commissioners