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Home My WebLink About4.0 Resolution 2008-23■III liiIMMNI1,t40AliretI IJ , 4itilii 11 II I Reception#: 742402 02/05/2008 01:20:27 PM Jean Plberico 1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STA 1E 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, Monday, the 2nd day of February A.D. 2004, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , 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. 2008-23 A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT APPLICATION FOR LOTS 2 - 4 OF THE DEANE EXEMPTION LOCATED IN THE 1/2 OF SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. EAST OF CARBONDALE, CO WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Doane H. Deane for a Floodplain Special Use permit for 3 building envelopes in the 100 -year flood fringe for Lots 2 - 4 of the Deane Exemption having the following acreages: Lot 2 (10.415 acres) having a Minimum First Finished Floor Elevation of 6177 Lot 3 (10.432 acres) having a Minimum First Finished Floor Elevation of 6179 Lot 4 (11.221 acres) having a Minimum First Finished Floor Elevation of 6184 WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zone district, is located in Study Area 1 of the Comprehensive Plan of 2000 in an area designated as "residential low density", and is located within the floodfringe of the 100 -year floodplain; and WHEREAS, the Board held a public hearing on the 2nd day of February, 2004 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 1 1111 ki% 11 III Reception#: 742402 02/05/2008 01:20:27 PM Jean Alberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO opinions regarding the issuance of said Floodplain Special Use permit; and WHEREAS, the Board closed the public hearing on the 2nd day of February, 2004 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: 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 single-family dwellings in the building envelopes on Lots 2, 3, and 4 of the Deane Exemption in the 100 -year flood fringe with the following conditions of approval: 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. When substantial construction is complete, the Applicant or future owner of the property shall submit a floodplain elevation certificate to Garfield County Building and Planning Department to verify construction of the first finished floor is at least 1 -foot above the 100 -year floodplain prior to final inspection approval and the issuance of a Certificate of Occupancy. 3. That all manufactured homes or those to be substantially improved to be placed within Zone A on a community'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, collapse 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 in addition to applicable State and local anchoring requirements for resisting wind forces. A manufactured home should be elevated a minimum of one (1) foot above the base flood level and anchored to the elevated foundation. 2 1111 PA FfFFi4 M11,141,10,Wernii #.1111111 Reception#: 742402 02/05/2008 01:20:27 PM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. Proper erosion and sediment control measures shall be taken during any site construction disturbance which shall include enclosing the construction envelopes with silt fencing and hay bale check dams. 5. The following uses and activities are prohibited in the Flood Fringe/Flood Prone Areas: a. The development, use, fill, construction, substantial improvement or alteration on or above any portion of the Flood Fringe or Flood Prone Areas which alone, or cumulatively with other activities, would cause or result in the danger of substantial solid debris being carried downstream by floodwaters; b. The storage or processing of materials that in times of flooding are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life; c. The disposal of garbage or other solid waste materials; and d. Any obstruction, which would adversely affect the efficiency of or restrict the flow capacity of a designated floodplain so as to cause foreseeable damage to others. 6. All Individual Sewage Disposal Systems proposed for Lots 2 — 4 shall be located in the respective ISDS enveloped as delineated on this final plat and shall be engineered by a Professional Registered Engineer within the State of Colorado in accordance to the Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State Board of Health. 7. Due to the construction of buildings within the flood plain an alternative ISDS design such as a moundable sand filter system will be required to elevate the leeching area above the ground water elevation, flood water elevation, and be prepared in accordance to the Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State Board of Health. Dosing pumps shall be integrated into each design to ensure that wastewater can be pumped up to the proposed absorption area. ATTEST: ....C.. .o..4, SEAL GARFIELD COMMI COUN OUNTY BOARD OF GARFIELD RADO erk of the Board Ch Upon motion duly made and seconded the foregoi g Res lution as adopted • y the following vote: 3 1111 hr. FilriVe l Itif,,ci, iliilrir,M+r n4ilktka 11111 P2eception#: 742402 02/05/2008 01:20:27 PM Jean Rlberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN , Aye COMMISSIONER TRESI HOUPT , 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 4