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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 1OB 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone : 970. 945. 8 21 2 F acstmi I e : 970. 38 4 .347 O www. qarf ie ld -co u ntv. co m Special Use Permit z\"frt c\ GENERAL INFORMATION (To be completed by the applicant.) ) Street Address / General Location of Property ON6 Mtt{ $€c;i A? $ein CA<ftC Taoc Lt u rT nr-r C, R, 125 ) Legal Description: ) Existing Use & Size of Property in acres: S'gr]|:rtp nD (91 2/.,1 ^ll ^Krcilff{rA} Description of Special Use Requested: Df uenn€tr t tJ Fr4.?i-x il F Zone District: Qzve f)oeAiT?0D'JtoA Telephone: F City: Ltrfi-etd) ) Name of Owner's Representative. if anv (Attornev. Planner. etc): z+NrDurrRE{ * t<}eP, ?c-- Telephone : ct?o,?q6 ,?zG l F City: (^,E,r*;,*q 1AtJ6.,< State: (-A Zip Code: gl,6)- FAx: b45 "7*1i' STAFF USE ONLY F Doc. No.: Date Submitted: TC Date: Bi,;i",) l l 4. 5. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting mult take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. The Applicant is required to appear before the Board of County Commissioners at the time and daie of the puOiic hearing at which time the Board will consider the request. ln addition, the Applicant shatl provide proof, at the hearing, that proper notice was provided. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. lf the Board's apprwal includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Cjfftciat Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. the above and have provided the required attached information to the of my /z 'oZ rbf apiticafro*".rr,r*r7GZ,/ZPA7/a<I"rtRevised:o2t2ooa ?/ 2azao' LEGAL DESCRIPTION ON TtrE COL .TA PLAIYNED I]NIT DEVEL0PIi{EMT fa(l ff,rtoee Ct -: o : 121.488 ACRE PARCEI. A traet of Iand situated in the sE1/4s11'1 t4 andthe s!l'll4$E lt4 af klon 4 and the iy\tr/l/4N81/4of section 9 alt in Township 6 south, Range 91 w6t of the 6th p.hd. being described as follows: BEGII\TNING AT the soutlwestcorner of said section 4;Thenee N fiPso'oo"rw 43E.10 feet along tbe Tgest line of said Section 4 and along the Easterly Iineof that parcel of land described in noofszo at Page 26 ,athe office of the Garfierd count5r clerkand Recordeq ThenceN 75o43'lE, W 101.g9 feeq 3*o.I 17o(IB:41 I' W I 15.59 feed Thence'N 53o47(En w fiT.7steet.to the center of the colorado River; $euee llo1g tre center of said .ir., N 23o43'1s" E 33r.10-f*q --'-' Thdnce N 23043'20,' E 310.{X} feet;TheneN 3S1IB'IS. E 419.2i feeqThoceN 42956,13', E 499.62 feeg Theuce N 65o(t1'4?, E 404.40 feet; Thence N 71035'12r E 503.5() fe€qTheneN &{o1S'20" E 2g4.99 fe€q Thence S Elo33'38" E 24{.41 feed Thence S 58eO2'47* E 266.92 feet; Thene s 68e42'11" E 480J1 ter/-tothe lvest line of t&e Brannan subdivision Eremption No. L;Thaee along caid wcst line and deperting t'he eenter of said colorado River s 0trg1,54r, E 520.60feet to the Northeast corner of that parcet descriuea fu Book s27 at page 743 as Reception No.293881; Thencealongeu pylt^ry-gf said parcet S 7ge22'10,, W3ZB.6I feegrhenee s o8e4o'1s* E 43a.v, t*tti3:j?:Igty Righr of way of county Road No 335;Thence rg"g said Right of Way N ?9o(IZ'15" E, i.fO ieeqThence aloug a curve to tte right wi{ l1II lrc length oisor.oz feeq a nadius of 3gg.gg feet, a central.angleof 44o36'4E']:.1{lT-!?nuaof s 7go39"ii. n-^chord length af z96.osf*t;Ihence S 560'20'56* E 28/'s2feeg : Ihence al'ong a cnle to the teft de T arc length oI clSLfeef a radius of 1g132 feet, a centralangle of 2(P13'15", r.:L"..{ hTryg oIq_q?z's?'i e, a chord r€nsth of 67.17 f*t,Thence Iry1ST-sf{ Iiqll of wiy s 17o47s3" r sils.* reeqThence S 12052'36" E 73i2g felq-, ' Thence along a cErve t ttu right with 13 arc tength of 236.4g fe€t, e radius of 54g35 fecf, a centnlangle sf zAoqzttyl", a chord_bearing of s fip31,1;,'u,l cnora bngth of 234.65 fegIhenceS lIo4g'SB* W 14156 feet" Thence S S9ql0r00" W gfaZZ f*t; TheneeN I1s3O'00" W l6&00fe€f; Thence N 49030'00" W395.00 feet; Thene S 70e45,00r Iil gZO&) feeB Thenee S 29000.00* W +t+95 fot; Thence S fiP14.42* E 64.14 f*, Thence s 89o20'o8'' w 1308-98 f*"t t, the Point of @inning containing tzl.4ggAcrs- I-qnl l2l.doc ;TL--_....- .-- Exhibit {O Page 2 ; ) ) )r ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )/ , ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I May 21 .1996 Garfield County Garfield County Commissioners 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Floodplain Special Use Permit Application The Rapids on The Colorado Subdivision Dear Board Members: This lener is to request a Special Use Permit to allow development within the Floodplain of the Colorado River for The Rapids on The Colorado Subdivision. We iue requesting permission for construction of residential structures within the Flood Fringe of the Colorado River on Lots 1-20 of the Subdivision, in conformance with the Garfield County Floodplain Regulations and in conformance with the Performance Standards summarized in the Preliminary Plan Submittal for The Rapids Subdivision. The lowest floor of any suucnrre in the Flood Fringe will be constnrcted at an elevation at least one (1) foot above the maximum water elevation of the 100-Year Flood. A Special Use Permir may nor be required for the proposed developmeut at this time since the Floodplain and Flood Insurance Study for the Colorado River hhs not been finalized. However, we would like to obtain your review and approval of this Special Use at this time to establish appropriate standards and procedures for construction in the Floodplain, and to avoid numerous individual Special Use Permit Applications in the funrre. Thank you for your consideration of this matter. Sincerely, hluh Gene R. Hilton GRH/jlw P (P_)% FLOODPLAIN $PECIAL USE PERMIT portions of Lots 1-Ze are located within the 1O0-year Floodplain of the Colorado River. The location of the Floodplain and the Floodway are shown on the Drainage Plan (Section lll.F"). The Floodplain delineates the edge of the water surface during the maximum flow of a 100 Year Flood event. The Floodway is the portion of the river and the adjoining floodplain that is regerved to carry the flow of the 100 Year Flood. The Flood Fringe is the area within the Floodplain that is outside of the Floodway. The location of the 100' year Ftoodplain and Floodway were obtairyad ,gmth-e Flogd.Plain $-tudy Map (Section Vll.B'). Garfietd county Ftoodplain Regulatioor,riwwweuffipntin the Floodplain to obtain a $pecial use permit. The Applicant is requesting a'speciairUre p€nnit to allow future development within the loodplain, including the construction of residential structures and the placernent of ftll material' in accordance with the following standards: 1. Any construction within the 100-year floodptairr,shall be in conformance with all requircments of the Garfield County Floodplain Regulations' 2. construction within the Floodway, inetudihg the plecement of fill, new con$truction, sutbstantial imBrovements, or any other encroachrnar,rto. is prohibited. Building envelopes are deeignat'ed on Lots 1-20 of the Subdivision Plat to preyent co ction within the Floodway. 'I 3. The following activities are prohibited within the FtoOdplain, including the Floodway and the Flood Fringe area: A. The development, use, fill, conrtructio4,, substantial improvement or altaratlon on or above any portion of the Flogd pringe Or Fiood Prone Areas which alone, or cumulatively with other activities, would csuse,Qrr.rgsUlt in tne danger of substantial solid debris heing carried downstream bY floodwaterc' B. The storage or processing of materials that in tirnes 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' 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. 4. Construction is allowed within the Flood Fringe area (i.e., the area within the Floodplain that is outside of the Floodway) in accordance with the following performance standards: A. The lowest floor, ingluding basement, of any ne$, or substantially improved building designed for residentialoccupancy shall not be less than one (1) foot above the maxinurm water elevation of the 100 Year Flood. B. All new construction or substantial improvements shall be reasonably safe frorn flooding' C. D. E. Any proposed development shall be reviewed by the Floodplain Administrator at the time of Building Permit review to insure that the potential for flood damage by the 100 Year Flood is minimized. Utilities and facilities shall be located, designed and constructed so as to minimize damage by the 100 Year Flood and adequate drainage shall be provided to reduce exposure to flood hazards. All new construction of 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 dgmage, and be constructe.d by. methods that minimize flood damage. New or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of floodwaters. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination from them during a 100 Year Flood. As-built certification shall be provided by a licensed Professional Lanil Surveyor or professional Engineer to verify that the elevation of the lowest floor level of the construction is not less than one (1) foot above the maximum water elevation of the 100 Year Flood. This certiftcation shall be provided in conformance with Garfield County Requirements on the appropriate certiftcation form. F. G. !\3.\.,fr \il i{2 5 ix I : 5: i 3 to 3 ei5 Agh iiF b;sz 3aa p3 cJ t <Pq !fli: 'r83 ;tq i dL i ge I e1i; i llEEisi s rallt Eii i* ;,i ;"ll i itsiiiiiii;il' )i"E4-e:Edei E g 6il EUrE : g : 5 . -'gl l jii E : - b ; e - '' aEEE i E; Ei E E I Er l-<oxb+ I ' i0';i-i l* g" tr;sET 2i6 d:, '" = H3! " diB t'= =9r- H;i r: i .g: ge 6g*ta 5- -E.i ; ;E : 3 -...: rq 33_ 3"- "3:3'. ;:. 8.- .g .:s.- :q 2a 5-- sr. ?.- .c -i :: :1 ,3r.5r' ?i i! *!. :,. gi 3.. 3r, ri ri3,aItA -Lll ' it,i:,i3 u,liliiii I I ii!l , E iliilirf-- TIii!E Eiii ii ir 33 ,3i. r3:- rc:' -J\ .9 IE3 I I -, I atI ""t I I 6_trzt6r'ri'i3cil . ffiDt tl'^rx ouloe rcttwfsrc Brr oot&Tf Hlra MrfuilmS H NYUm lEruf,m? vs,i i oa3Hav9 &J @gilJ dFTE@!lI,6mDm6ffi3$rlEolm ryil{lM lonrs Nlv.ld ooolJ EfluvlNlul ow ltdu wloE t5@f6_16,ffi tr rseird @rdQD- ot@ xorxs r*.Ir b36 uulnr '{ o}wv sos&rrs ^n&,nlr s]rdf, Jr' srHl *" . " ..:, j ;l \uJ!:l^,i. ly"r.is: rn atsrl{trvd'oroid rs f,clvrBnotr u3NUof Norlf3s oilmrm -i- srisof Nortcfs oilru + i{rr torlfls sscs - @ LEt 7!,.- SSll-'- 3U rortrls SSOUI _-- rx& orso : slrxs: Om dq, ,srds x rur@ 1tf,rru{ o r@rrc] 'zr&r v 6iil5 acdarrl t att'6rdt rtt9'ar'r ! a6i'tc9 L2e.rra I aa5:Zat i 6 38 ttt "tto"'t ' l'c''tl ' T#:'.'; i io'zcx ro'2c3"1 s '.,'r,rr i\ -rcdrtt r \t6g --\ ll6'tlr\ ! ',Da'd! r"' &!FFa l!t6 xarti .\----\\ ItE aet r6t -\ Et'oat'r t ltf'lcaox : . aa:aa9 { o6t!19 r6l ala'alt x56 {I . ordaet x --J- i*xa *::q"i 8 7./ 'o'', .,.J !.\. : .,\ : Ij= !,r'rr''r,' clt'te! i aato9s@t tsz tez &rg flz &sl1f ufM *r-o I ,i I +- Ogse'f/r:i "l zr'ms!'g1.r sz <ar@ ur@ L_IRFIELD COUNT\ Building and Planning RECEIVED SEP 2 O 1996 Mr. Peter Belau, P.E. Enartech Inc. P.O. Drawer 160 Glenwood Springs, CO 81602 RE: Rapids Floodplain Special Use Permit Dear Peter, Mark Bean and I have had the opportunity to review and discuss the recent floodplain information submitted onbehalf ofthe Rapidstn the Colorado SubdMsion and we offer the following comments' 1l The submitted information on how the fill material would be placed and how the Flood Fringe may be affected is too generic to make any conclusions. These statements must be based on certain, technical data specific to how in" nU would be placed and how much fill (cubic) would be required to raise the building envelopes out of the 100-year floodplain. Zl Consistent with the information in item #1, you should include a discussion of the projected, downstream effects to the 100-year floodplain. Essentially, demonstrate that Section 6.09.02 @) of the ZonngResolution would be met. Perhaps this would require alfiC'2 study' 3l Assurance of compliance with Section 6.08.01 (1) of the ZonrngResolution, specifically that your floodplain development scenario complies with Sectiot 404 of the Federal Water Pollution Control Act Amendments of 1972,33 U'S'C' 1344' 4l Finally, the information submitted by you must bear your stamp. Ifyou have any questions regarding these issues, please contact Mark or myself. Additionally, please slbmit tiris iniormation in a ti*ay fr"morL so it may be reviewed and presented to the Board- At this time, the application is considered to be incomplete and will be removed from the Board's consideration unless the required information has been submitted and reviewed. Sincerely, Afliu Eric D. McCafferty Garfield County Planner cc: Don DeFord l(D 8th Street, Suite S03 9454A21285-7972 Glenwood Springs, Colorado El60l Elv, -. . fECH lnc. Consulting Engineers and Hydroloo,sts September 26, 1996 Mr. Eric McCafferty Garfield County Planning Deparunent 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: The Rapids Floodplain Special Use Permit Dear Eric: -\NNJZZ-_--\ /lN. Enclosed is a revised Preliminary Plan (dated 9123196) for The Rapids on The Colorado Subdivision showing contours for the proposed floodplain fill material for this project. This information is in response to your request for additional information outlined in your lemer that I received on September 20th. The fill is to be placed at an elevation that is at or above the 100-Year flood elevation. The elevation of the fill is summarized on a lot-by-lot basis in the enclosed table. The fill is to be placed by the project construction contractor at the time of construction of the subdivision improvements. The fill material will probably be placed by scrapers; this will be at the discretion of the construction contractor. The fill will be wheel- roll compacted to a density at least 85% of the maximum Standard Proctor density of the soil. Topsoil witl be stripped and re-placed on top of all disturbed areas. Borrow material will be from Lots 25 , 26 , 3 1 and 33 on the property and from the Homeowner's Association parcels , including excavation from the proposed pond. The net quantity of fill material is estimated to be 50,000 cubic yards of soil. Regarding downstream effecs of the proposed fill material. there are none. As stated in my previous correspondence dated September 17th. the proposed fill is to be placed rvithin the Flood Fringe of the 100-Year Floodplain, which means that the fill material will not cause an obstruction to the flow, will not adversely affect the efficiency of the flow, will not restrict the flow capacity of the floodplain and will not cause foreseeable damage to others. One of the primary purposes of a Flood Insurance Snrdy is to define the Flood Fringe, which is the portion of the 100-Year Floodplain which may be filled in without causing adverse flood impacts. The Flood Fringe is defined through a HEC-2 analysis whereby encroachments are modeled into the floodplain within the HEC-2 computer analysis to determine if anf impacts occur. Since this HEC-2 analysis has already been performed and the Flood Fringe has already been defined, I will use the HEC-} analysis from the Flood Insurance Study. The proposed placement of fill material complies with Sectiot 404 of the Federal Water Pollution Control Act Amendments. A 404 Permit is not required because none of the 302 Eighth Street. Suite 325 P.O. Drawer 160 Gtenwood Springs, Colorado 81602 (970) 945-2236 Fax (970) 9:,-2977 Mr. Eric McCafferty Page - 2 proposed fill material is to be placed within the ordinary high water mark of the Colorado River or in any wetlands. Also enclosed is my previous letter regarding the floodplain special use permit application for The Rapids with my Professional Engineer's stamp as you requested. The table with the floodplain and building elevations attached to this letter.has been revised to show the correct elevaiions; the previous elevations were off by 100 feet in eievation Please give me a call if you have any questions in this regard. Sincerely, ENARTECH, INC. cc: P423{l eA3_W)% a Peter Belau, P.E. PB/jlw Enclosure Gene Hilton Scott Balcomb sffii,.i,,1*1 THE RAPIDS ON TIM COLORADO SUBDIVISION FLOODPLAIN AND PROPOSED FILL ELEVATIONS Lot Number . .1 2 3 4 5 6 7 8 9 10 11 t2 13 l4 15 16 t7 18 19 20 100-Year Flood 5496.1- 5496.8 5496.8 - 5497.2 s497.2 - 5497.7 5497 .7 - 5498.1 5498.1 - 5498.6 5498.6 - 5499.t 5499.1- 5499.7 5499.7 - 5500.2 5500.2 - 5500.6 5500.6 - 5501.0 5501.0 - 5501.5 5501.5 - 5502.0 5502.0 - 5502.6 5s02.6 - 5503.1 ss03.1 - 5503.6 5503.6 - 5504..1 s504- I - 5504.6 s504.6 - 5505.2 5505.2 - 5506.0 s506.0 - 5510.0 Proposed Fill Elevation 5496.r - 5496.8 5496.8 - 5497.2' 5497.2 - 5497.7 s497.7 - 5498.1 5498.1 - 5498.6 5498.6 - 5499.1 5499.r - 5499.7 s499-7 - 5500.2 5500.2 - 5500.6 s500.6 - 5501.0 5501.0 - 5s01.5 s502.0 None None None 5503.6 - 5504.1 5504.1 - 55M.6 None None None E, ,TECH lnc. Consulting Engineers and Hydro,- -.sts September 17, 1996 Garfield County Garfi eld County Commissioners 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 -\NVZ,Z- RE:Floodplain Special Use Permit Application The Rapids on The Colorado Subdivision ^ZIN. Dear Board Members This letter is to revise Gene R. Hilton's previous Special Use Permit application to allorv development within the Floodplain of the Colorado River for The Rapids on The Colorado Subdivision. Mr. Hilton's previous request was outlhed in his lener dated May 21 , 1996 and in the Preliminary Plan submittal documents for The Rapids Subdivision. This Special Use Permit application is hereby revised to require the applicant and developer (Mr. Hilton) to place fill material within the Flood Fringe area as necessary to elevate all of the building envelopes within The Rapids Subdivision above the level of the 100-year floodplain. The extent of the proposed fill material and the location of the proposed building envelopes is shown on the revised Preliminary Plan for The Rapids on The Colorado Subdivision, dated 9t16196. Since the placement of the fill material will effectively remove the building envelopes from the 100-year floodplain, the following Conditions of Approval previously recommended tbr The Rapids Subdivision should not be necessary: *Site specific, engineered building foundations and individual sewage disposal system designs shall be subject to individual Floodplain Special Use Permit applications and approval, prior to the issuance of a building permit for any construction identified within the 100-year floodplains of the Colorado River and,/or Garfield Creek. " "Prior to Final Plat, the developer's engineer shall submit site specific engineered plans for residential development within the flood fringe of the Colorado River and Garfield Creek. Furthermore, all development in these areas shall be consistent with these plans and shall be required to furnish as-built, elevation certificates demonstrating that all consrruction meets the provisions of Section 6.09 of the Garfield County Zoning Resolution of 1978. as amended, prior to the issuance of a Certificate of Occupancy by the Garfield Counry Building Department." The proposed fill is to be placed rvithin the Flood Fringe of the 100-Year Floodplain. which means (by definition of the Flood Fringe) that the fill material will not restrict the tlo*' capacitl' of the river and rvill have no significant adverse impacts on the remainder of the tloodplain. 302 Ei_chth Street. Sute 325 P.a. Drawer .t50 Glenvooc -co.';ngrs. Colorado 81602 1970) -o45-2235 Fax t970t :::-2?7: 1. Board Members Page - 2 Placement of the fill in the Flood Fringe will result in no significant increase in the flood rvater elevations or in the flood flow velocities in the vicinity of The Rapids Subdivision. Theretbre. placernent of the fill in the Flood Fringe will result in no additional flood hazard or erosion to adjacent properties. The following conditions of approval for the Special Use Permit are recommended tbr Lots I-20 of The Rapids Subdivision to avoid the removal of fill material or building consrruction by individual lot owners that may result in a flood hazard: The lowest floor, including basement, of any new building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100-year flood as determined by the Garfield County Flood Insurance tTOr. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination.from them during a 100-year flood. Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soil and foundation report, an ISDS design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit. Item number 3 above has also been recommended by the Planning Staff and by the Planning Commission for The Rapids Subdivision. A lisr of the 100-year flood elevations and minimum building elevations for Lots 1-20 is enclosed. Sincerely, ENARTECH, INC. Gene Hilton Scott Balcomb ) 3. ) ^tGrF( w{?- fotL PfrFLtcffiT Peter Belau, P.E. PB/jlw Enclosure P423-01 iP423 03096 TtM RAPIDS ON TIIE COLORADO SIJBDIVISION FLOODPLAIN AND BUILDING ELEVATIONS Lot Number 1 2 3 4 ) 6 7 8 9 10 ll 12 13 t4 15 t6 l7 18 19 20 100-Year Flood Elevation x 5496.8 5497.2 5497.7 5498.1 5498.6 5499.1 5499.7 s500.2 5500.6 5501.0 5501.5 5502.0 5502.6 5503.1 5s03.6 5504.1 5504.6 5505.2 5506.0 5510.0 Lowest Building Floor Elevation 5497.8 5498.2 5498.7 5499.1 5499.6 5500.1 5500.7 5501.2 5501.6 5502.0 5502.5 ss03.0 5503.6 5504.1 5504.6 5505.1 5s05.6 sso6.2 5507.0 551 1.0 * NOTE: The 100-Year Flood Elevation is from the Draft Garfield County Flood Insurance Snrdy, at the edge of the building envelope for each lot. NEC--VED,APR 2 9 1997 BOB STATE OF COLORADO County of Garfield At a regular hearing of the Board of County Commissioners for Garfield C_ounty, Colorado, held in the Commissioners't{eJing Roomo Garfield County Courthouse, in Glenwood Springs on Mongay , the __7th - of April A.D. 19 97 , there were present: Marian I. Smith ' Commissioner Chairman John Martin , Comrnissioner Larry McCown , Commissioner Don DeFord , CountY AttorneY Mildred Alsdorf , Clerk of the Board ' Chuck Deschenes ' County Administrator when the fotlowing proceedings, among others were had and done, to-wit: RESOLUTION NO. 97 -?6 i A RESOLUTION CONCERNED WITH TI{E APPROVAL OF A FLOODPLAIN SPECIAL USE PERMT FOR RAPIDS ON TTIE COLORADO SUBDIYISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Gene Hilton for a Floodpiain speclal U^s9 Permit to allow the placement of fiil material in ptnion, of the flood fringe of the Colorado Rirrer ara Garfield Creek on the following described tract of land: See Attached: Exhibit A (in the State of Colora<io and the County of Garfield); and WHEREAS, the Board held a public hearing on the 7th day of October, l9g6,upon the question of whether the above{escribed Floodplain Speciat usl permit shou-ld be granted or denied, at which hearing the public and interested persons *ere giren the oppornrnity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: l. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. ) )ss ) L[1tJHt[!l!!!ll|!lu! |!l![ lf lJuLllll! ill ]!I1-;; a n o.oo o o.oo N 4.00 GRRFIELD couNTY cLER arD 5 Z. That the hearing before the Board of County Commissioners was exterxive ald complete, that all pertinent facts, matters and iszues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County ZonngResolution of 1978, as amended. 4. . For the above.stated and other reasons, the proposed use is in the best interest of the hedth, safet'/, 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 the Floodplain Special Use Permit be and hereby is authorized permitting the use of the above described tract of land for the placement of fill material in portions of the flood fringe of the Colorado River and Garfield Creek, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before thJ Board of County Cimmissioners, shall be considered conditions of approval' 2. That the Special Use Permit shatl be issued when all conditions of approval are met and shall be subjeci to adherence to specific conditions to be contained within the Subdivision Improvements Agreement for the Rapids on the Colorado Subdivision. 3. That ail placement of fill material shall be in accordance with the engineedng specifications for this type of floodplain development. 4. That the compaction of fiil material shall be field verified by the developer's engln9er, as it is being placed, and the engineer shall provide individual, "as-built" elevation certificates' for each affected lot, uPon comPletion. 5. That approval of this Special UsePermit shall in no way be construed as approval of the Rapids on the Colorado Subdivision, nor shall it obligate the Board of County Commissioners to approve said subdMsion. 6. That approval ofthis Special Use Permit shall preclude the necessity of compliance-with the following plat note/condition of approval, proposed for the Rapids on the Colorado Subdivision: Site specific, angineered buiiding foundations and individual sewage disposal system designs shall be subject io individual FlJodplain Special Use Permit applications and approval, prior to the iszuance of a building permit for any construction identified within the 100-year floodplains of the colorado River andl/or Garfield creek. prior to Final Plat, the developer's engineer shall submit site specific engineered plans for ,.siaerrtia development within the flood fringe of the Colorado River and Garfield Creek' Furthermore, all development in these ur.ut th.I be consistent with these plans and shall be illlilt ililt l]lll lllll illlll lllll lllll lll llil lll llll 506740 04/08/1991 03:35P 81014 P809 447 2 ol 5 R O.OO D O.OO N 0.00 GRRFIELD C0UNTY CLER 7. required to furnish as-built, elevation certificates demonstrating that all construction meets the provisions of Section 6.09 of the Garfield County Zonrng Resolution of i978, as amended, prior to the issance of a Certificate of Occupancy by the Garfield County Building Department. That the lowest floor, including basement, of any new building designed for residential occupancy shall not be iess than one (1) foot above the ma.ximum water elevation ofthe 100- y.., Aooi as determined by the Garfield County Flood Insurance Study' That on-site individualsewage disposal systems shall be located 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 prepare and submit a soils and foundation report, an f.S.O.S. design, and a grading and drainage plan prepared and certified by a professi,onal engineer. All improvements shall be constructed in accordance with such *.ulur.r, wtrich shall be a condition of the building permit. That the applicant/developer shall take prudent measures to control dust generation and migration dom the site, for the duration of development on the site' 9. 10. Dated this_8th day of ATTEST: A.D. 19 e7 GARFIELD COUNTY BOARD OF COMMSSIONERS, GARFIELD COtINTY, COLORADO Aoril 4r-r*-l /zaz- Chairman - .a'" ..:.' Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Commission Cha i rman Marian I. Smith Commissioner John F.t"lart i n eomm'i ssi oner tarrY L. McCown , AYe LLt'fl J [U,lIl} I !,lI' tU ! !U! l! llt lll[L[L! l|ll ]l1| 1 I ."il;t i b.oo-o 0.oo N 0.00 GRRFIELD couNrY cLER STATE OF COLORADO County of Garfield ) )ss ) L , County Clerk and ex-officio Clerk of the Board of Counry Commissioners in and for the County and State aforesaid do hereby certrfy that the annexed and foregoing Resolution is truly copied from the i.ecords of the Proceeding of the Board of County Commissioners for said Garfield County,.now in my office. IN WITNESS WHEREOF, I Glenwood Springs, this day of have hereunto set my hand and affixed the seal of said County, at County Clerk and ex-officio Clerk of the Board of County Commissioners A.D 19 I llllll llll llllll lllll llllll lllll lllll lll lllll llll llll sgoTqo octoat,pist 03:35P 81014 P811 44? 4-of 5 R O.O0 D O.Oo N 0.00 GRRFIELD COUNTY CLER LEGAL DESCRIPTION The Rapids of the Colorado LEGAL DESCHIPTION A tract of land situated in the SW1/4 Section 5, Township 6 South, Hange as follows: Section 4 and the SE1/4 of West of the 6th P.M. described of 91 Beginning at the Southwest corner of said section 4; thence N 0o 50' oo" W 438.10 feet along the West line of said Section 4 and along the Easterly line of that parcel of land described in Book 570 at Page 255 in the Office of the Garfield County Clerk and Recorder; thence N 75o 43' 18" W 101.89 feet; thence N 17o 08' 41" W 115.59 teet; thence N 53o 47' 08" W 177.75 feet to the center of the Colorado Fliver; thence along the center of said river N 23" 43'15" E 339.10 feet; thence N 23o 43' 20" E 310.00 feet; thence N 35o 08' 15" E 4'19.25 feet; thence N 42" 56' 13" E 499.62 feet: thence N 65" 01' 47" E 404.40 teet thence N 7'lo 35' 12" E 503.50 feet; thence N 84o 15' 20" E 284.99 feet; thence S 81o 33' 38" E 244.41 feet; .'1. thence S 58o 02' 47" E 266.82 teet; thence S 68o 42' 11" E 476.70 feet; thence departing the center of said Colorado River S 0o 29' 34" E 523.50 feet to the Northeast Corner of that parcel described in Book 527 at page 743 as Fleception No. 293881; Thence along the boundary of said parcel s 78" 22' 10" w 321.42 feet; thence s Bo 40' 15" E 378.29 feet to a point on the Northerly Right-of-way ot county Road No. 335; thence along said Flight-of-way S 78o 58'32" w 207.0s teet; thence 140.15 feet along a curve to the left, having a radius of 1030.00 feet, a central angle of 7o 47' 46"; the chord oi lvhich bears s 75' 04' 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 left having a central angle of 7" 09' 25" and a radius of 530.00 feet; the chord of which bears s 67" 36'05" w G6.16 feet; thence s 64o 01' 23" W 296.11 feet; thence departing said Right-Of-Way S Oo 1 4' 42" E 653.78 feet to a point on the South line of said Section 4; thence S 89o 2A'08" W 1308.98 feet to the POINT OF BEGINNING; said described tract containing 97.269 acres, more or less. I llllll lllll llllll lllll llllll lltllul llllul llll lll sdiiqs siitsaTiSsz 03:35P 81014 ?812 441 ;-;i'i n b.oo o o.oo N 0.00 GRRFIELD couxrY cLER December 30, 1998 Mr. Gene R. Hilton 2102 West Arapahoe Drive Littleton, co 80120 RE: The Rapids Dear Gene: ENA,.. ECH lnc. Consulting Engineers and Hydrologtsrs -\NVZZ-z -\-ffi. This letter is to provide certification for the placement of fill material in accordance with the Garfield County Floodplain Special Use Permit for the Rapids on the Colorado Subdivision @esolution 97-26, copy enclosed). I, Peter Belau, a Colorado registered Professional Engineer, hereby certiry the following: 1. The "as-built' elevatio:r of the fill placed on [rts L, 2, 3, 4, 5, 6, 7 , g, g,10, 11, 12, t6, 17, and 18 of the Rapids on the Colorado Subdivision is above the elevation of the 100-year flood, effectively removing the building envelopes on these lots from the l0Gyear floodplain of ttie Colorado River. 2. The fill material was placed in accordance with the enginesling specifications for this type of floodplain development, including the compaction of the fill material. Please note that the Special Use Permit has a number of additional requirements, including that the lowest floor, including basement, of any residence must be at least 1 foot above the 100-year flood elevation. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Mark Bean E-mail: belau@rof.net P42341 DOCS\PJB9E\423_LIr G.Hilton 123(D8A 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (g7O) 945-22A6 Fax (970) g47-2g77 MOUNTAIN CROSS ENGINEERING, INC. Crvtt lNo ENvtnoNuENtlt CoxsutrtNc eNo DtslGN February 27,2006 Rapids Development Corporation C/O: Mr. Gene Hilton 2102 West Arapahoe Drive Littletoq CO 80120 , RE: Rapids on the Colorado Flood Plain Dear Gene: I have reviewed the letter provided by Peter Belau of Enartech, Inc. dated December 30, 1998 concerning the placement of fill material for the 100-year floodplain of the Colorado River- The elevation of the filt material will not be modified for the proposed grading of the Planned Unit Development (PUD). Additionally, the building envelopes of the proposed PUD lots have been setback even further from the 100-year floodplain than the previous lots. The December 30, 1998 elevation certificate is valid for the proposed PUD. Feel free to call with any questions.you may have. Sincerely, Mountain Cross EngineerinB, [nc. Attachment tr".1:.:'.13 . 826 D1{. (l7n Ortr 1/2 Grand Avenue . Glenwood Springs, CO 81601 tr<Ai r EAY. O7n O/< trtrqA . r.na,t^, mn.rnf:inrr^cc-ahc a^m u ssIEr'-Hld\q.. #_ SCALE200 loo o 200 Qilx S,. + $$ . ii...-J= ,n.i., . ,'*"{t , .: r:i %.{$.- *.' MOUNTAIN EROSS ENGINEERING, INC. Glvl! and Envlronmenta! Gonsulting and Design 826 1/2 Grand Avenue clonwood Springs, CO 81601 ph 970.9{5.594 ft 970.945.54tE m.mountaim.ng.@m The RAPIDS on the COLORADO PUD BASE FLOOD MAPPING* Exhibit SCALE2d) ,oo o 2(n J$ 1L ttr,rr,.,,,,/, t --- 66\l SCALE,d, o ,,,7. /,ar' .rt;a. / tll:'j 11 MOUNTAIN CROSS ENGINEERING, INC. Cbll and Envhonnpntal Consul0ng and Deslgn 8i2O lrl Grand Arcnuo cbnirood Sprlngs, OO 81601 The RAPIDS on the COLORADO PUD BASE FLOOD ELEVATIONS* Exhibit ,-.F: March l3,2OO7 n,, O'-'r' f . 'U Mr. Fred Jarman 'iqt"" u *, n'' l#t*ffi:f'gJJffi,- -culv,i,W MOUNTAIN CROSS ENGINEERING, INC. Crvrr eNo ENvrnoNurNrer Coxsurnxc lNo Drsrcn Glenwood Springs, CO 81601 RE: Special Use Permit Application for Development in the Flood Plain for Rapids on the Colorado PUD Pursuant to comments generated during the review process of the Preliminary Plan Application for the Rapids on the Colorado PUD, accept the attached application for Special Use Permit for Development in the Flood Plain. This application would be more accurately described as an amendment to the previously approved Special Use Permit given by Resolution No. 97-26 of the Board of County Commissioner (BOCC) of Garfield County. The original Rapids on the Colorado project had building locations planned within the areas designated as 7-one AE and Zone X by the Flood Plain Study performed by the Department of the Ar:ny Corps of Engineers. The applicant petitioned the BOCC under a Special Use Pennit to allow development within the flood fringe to place fill to elevate the future building finished floor elevations above the base flood elevation. Resofution No. 97-26 was approved with conditions. In a letter dated December 30, 1998, the engineer for the applicant certified that the fill was placed as required in the conditions of approval and that the fill was placed "... above the elevation of the 100-year flood..." The original application, colrespondence, Resolution No. 97-26, ffid letter of certification are attached for your review. Also attached is an exhibit showing the current project topography and the 100-year base-flood elevations determined from the above mentioned Flood Plain Study. This also shows how those base-flood elevations correspond to the current project topography, "...'effectively removing the building envelopes from tile 100-year floodplain of the Cotoiaao River." per the certification of the engineer. No further placement of fill is anticipated or required for the proposed application. Rather, since the proposed PUD proposes a gravity sewer system instead of individual sewage disposal systems (ISDS) and the proposed applicant is a tlifferent entity; please recommend approval of a Special Use Permit to the BOCC with the Rapids Development Corporation as the applicant and without conditions specific to ISDS. Thanks in advance. Feel free to call with any questions or comments. 826 112 Grand Avenue . Glenwood Springs, CO 81601 haa hr6 irF F?a, - r^!/. at6 arF --sd GARFIELD COUNry Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.821 2 Facsimile: 970.384.3470 www. qa rfi e ld -cou ntv. com Special Use Permit STAFF USE ONLY D Doc. No.: Date Submitted: TC Date: F Planner:Hearing Date: ?q"uk\ GENERAL INFORMATION (fo be completed by the applicant.) } Street Address / General Location of Property: g'lJ€ 04t01 uJ€cr'f Existing Use & Size of Property in acres: F Description of Special Use Requested: 91,u.V.1ilt{tr t i Ftq ?i-t, I ) zone District U t *L o (Lx gAl ca,ar6'" *oA } City: Ltfi-etfii State: iU) Zip Code:!q-ge_FAX:34. ) Name of Owner's Representative. if anv (Attornev, Planner. etc): 4+Nrp D Address: '7O I l4n +i;f . n $ fe- ft Cr, Telephone : g?+;146 ;zz6 i > City: WState: (-O ZipCode: gt,$- Ff,x: bt+5-7*1t I. APPLICATION SUBMITTAL REQUIREMENTS As a minimurn, specincarry respond t"1r,|;[!;Tllfl I|1T:rT[Llll "n".n any additionar information to 1. Please submit, in narrative form, the nature and characler of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). lnclude specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. lf you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. lf you will be utilizing well water, please attach a copy of the appropriate well permit and any other legalwater supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the propefi, and the County or State roadways within one (1) mile of your property. lf you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your proper$, for which a U.S.G.S, 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). ln addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your titte policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. lf you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that spelcifically responds to each of the following criteria fiom Sebtion 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and ftom adjacent uses of land through installation of screen fences or landscape materials on the periphery 1. 2. of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; g. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resotution which can be located on the Garfield County web site at http://www.qarfield-countv.com/buildinq and planninq/index.htm. or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment' form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. !t.RAL RE (The followins steps outline how the tffft3iJ3"",:."#jn Application review process woks in Submit this completed application form, base fee, and all supplemental information to the Garfield Counly Planning Department. lt will be received and given to a Staff Planner who will review the application for technical completeness. Once the application is deemed technically complete, the Staff Planner will send you a letter indicaiing the application is complete. ln addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (!f Staff determines you application to be deficient, a letter wilt be sent to you indicating that additional information is needed to deem your application complete.) It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. !f proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: Notice by publication, including'the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shal! be presented at hearing by the applicant. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessot's ffice of lots within two hundred feet (200') of the subject lot and to all ownerc of mineral interest in the subject property at least thirty (30) but not more than sDty (60) days prior to such hearing time by certified retum receipt mail, and receipts shall be presented at the hearing by the applicant. 3. a. b. 4. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. ln addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. lf the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. read the above and have provided the required attached information ts to theDpst of my 'o/ '"r''WU)--- 7 G 2'/z Za 7/a'LLast Revised : 02t zw' GARFTELD COUNTY BUTLDING AND PLAI{NING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFiELD COUNTY (hereinafter COlJf i"ff) and (hereinafter APPLICAIIT) agree as follows: to CoUNTY anapplicatio rrflr fuA ,Zz'rut/ G.UaZZloat , TT{E PROJECT). Z. AppLICA1qT understands and agrees that Garfield Coumy Resohrtion No. 98-09, as amende4 establishes a fee schedule for each gpe of srbdivision or land use review applications, and the guideliDes for the administration of the fee structure. 3. APPLICANT and COIJNTY agree that because of the size, nature or scope of the proposed projec! it is not possible at this time to ascertain the fuIl e:dent of the costs invohed in processing the uppti"uiioo. AppilCANT agrees to make payrrent of the Base Fee, estabiished for the PROJECT, and to th"r"uft", permit additional costs to be bitleo to APPLICAIIT. APPLICAI'{T agrees to make additional payrnents uponnotification by the COUNTY when they are necessary as costs are incr:rred 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of constrlting service detennined necessary by the Board of Corurty Cornmissioners for the consideration of an application or additional COUNTY staff time or e4pense not covered by the Base Fee. if actual recorded coss excoed the initial Base Fee, AppLICANT shall pay additional lillings to COLINTY to reimburse thc COUNTY for the processing of the pROJECT mentioned above. APPLICANT acknowledges that atl biling shall tre paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or zuMivision Plalr' APPLICAI\[T , 2rrrl* ?a,/> a sY7 6'ZPZ* rlod 4ar*,,n 7a tza Vpglol.ztsr// APPUC.$IT has fus,Z Print Name' to/2004 Page 4 -, je.O7 7l.i.i.pi.rfaaaaaaaaaaaaaataatf,aaIeI! : : -: :- c cI! LEGAL DESCRIPTTOF{ 121.488 ACRE PARCEL A tract of Iard situated in the sEl/4s$'l t4 andthe S!1'1/4SE1/4 of Section 4 and tLe ITIWU4ITIEU4of Sectioa 9 aII in Township 6 south, Range 91 west or tle 6th p.ntr reing aescJb"d ;;;"iil;, BEGTNNING AT the southwest corner of said section 4; f:r."T-T,Xr:"ffi:1-jlyyslr:g-* yS ,,"^"-9r.*,g section 4_a1d along the East€rry rineof that parcel of land described in rooktT0 at page zse *the office urn"HiiiTffiffi'dr:.?anril llarvrwlapand Recorder; Thence N 75o43rlt" W l01.g9 fe€t Thentx N 17"08.4It'W l1S.59 fe€q ThenceN 53o4zro8rt w LT7.7sfeetito the eenter ofthe colorado River; fhe. nce a_tong tte center of said river N 23o43'1s" E 33t.i0 -fA --' -. ' Thtince N 23043'20" E 310.00 fe€g ThenceN 35o0fly'E 419.25 feet Thence N 42956.13* E 499.62 f@A, Thenee N 65001,42. E 404.40 fee$ Thence N 71o3S'12* E S&j.S{I fecq Thenee N 84e1S'2O', E?&.9 f@g Thence S E1o33'38. E 244.41 feet Thenee S 58eO2'42* E 266.&Z feeq Thence s 6tr42'11' E 48081 feet to the lVest line of the Brannan SuMivision Eremption No. l;Thenee along said west line rnd departing the center of said colorado River s fipfl),s4r, E 520.60feet to the Northqst Corner of that parcet aescriueo in Book 52 7 at1.agezd3 as Reception No. Thence elong the boundar5r_ofsaid pareer s zge22'rox w 32g.6r feegThence s o8e4o'ls" E 43o.yr r.x/-.1.t:.;}:Fgry night of way of counry Road No 335;Thence along said Right of Way N ?9o02.1S* E, i.fO ieeqThence along a curve to the risht dt 1n_1tr length "i:6r-ez feetr a radius of 3gg.gg feet, a centrat,angle of #%6'4E']:.1tgd_!?tiue of s 7go39"21-o g,l chord lengrh of 29co5 feer;Therce S 56920.56,1 E ?A4J/2fee$ Thence along a curve to the le,ft with an erc length of 6752 fee6 a radius of 1g132 feef, a centralangle of 2(P13'1s"r a-chord bearing ols 66%7'i', E, a chord lengtt ot67.l7 f*-t; $ence deprting-y{ _night of Way S 1Zo4Z,S3" f lbC.* feegThence S 12o52'3dn tr.73629 feeg Thence along a cErve to the right de-1 1T length of 236.4E feet, a radius of 54&35 feef, a centnlangle of 4o42"341: iflqd_kring of s 00p3r'1i" E,l chord length of 234.65 fet;Thence S 11o49'SB" W 14156 feet Thence S 893:X)'OO" W 31&27 f4 ThenceN 11"p(I00" B'l15GO0 fee; Thence N 49o3{t'OO" W 39S.OO feet; Thence S 7Oe4S'00* WgZO.O0feeg Thence S 29o0O'00" !y 414.95 fet; Thence S fiP14'42'r E 64.14 feeg Thenoe S 89o2o'o8' w 13o8-98 feet to tbe Point of Beginning containing lz1.4ggAcres- t eq,t t2l-doc Exhibit {O Page 2 v v t{, tt t{, *t tf,7 {r, r, t, st rry qv v v v - VtotnttY ilaP May 21. 1996 Garfield County Garfield County Commissioners 109 Eiehth Street, Suite 303 Glenwood Springs, CO 81601 RE: Floodplain Special Use Permit Application The Rapids on The Colorado Subdivision Dear Board Members: This lener is to request a Special Use Permit to allow development within the Floodplain of the Colorado River for The Rapids on The Colorado Subdivision. We are requesting permission for construction of residential strudures within the Flood Fringe of the Colorado River on Lots 1-20 of the Subdivision, in conformance with the Garfield County Ftoodplain Regularions and in eonformance with the Performance Standards summarized in the Preliminary Plan Submiual for The Rapids Subdivision. The lowest floor of any stnrcnrre in the Flood Fnnge will be constructed at an elevation at least one (l) foot above the maximum water elevation of the 100-Year Flood. A Special Use Permit may not be required for the proposed development at this time since the Floodplain and Flood Insurance Study for the Colorado River his not been finalized. Hower€r, we would like to obuin your review and approval of this Special Use at this time to establish appropriate standards and procedures for construction in the Floodplain, and ro avoid numerous individual Special Use Permit Applications in the furure. Thank you for your consideration of this maner. GRH/jlw P(P)% Sincerell', h/, Gene R. Hilton FLOODPLAIN SPECIAL USE PERMIT portions of Lots 1-20 are located within the 100-year Floodplain of the colorado River. The location of the Floodplain and the Floodway are shown on the Drainage Plan (section lll.F.). The Floodplain delineates the edge of the water surface during the maximum flow of a 100 Year Flood event. The Floodway is the portion of the river and the adjoining floodptain that is reserved to carry the flow of the 100 Year Flood' The Flood Fringe is the area within the Floodplain that is outside of the Floodway' The location of the 100- year Ftoodplain and Ftoodway were obtained fromttre Flood,Plain Study Map (Section Vll'B')' , ..: l.-. : Garfietd county Ftoodplain Regulations reqoiie'any.d"r entl,n t^" Floodplain to obtain a special use permit. The Applicant is requesting a'speiial:'use iermtt to allow future development within the Floodplain, including the construction of residential structures and the placement of fill material, in accordance with the following standards: 1. Any construction within the 100-year floodplain shall be in eonformance with all requirements of the Garfield Coun$ Floodplain Regulations z. Construction within the Floodway, incfuding the placement of fill, new construction, substantial improvements, or any other encroachments, is prohibited. Building envelopes are designated on Lots 1-20 of the Subdivision Plat to prevent construction within the Floodway. . 3. The foltowing activities are prohibited within the Floodplain, including the Floodway and the Flood Fringe area: .. A. The development, use, fill, construction* substantial improvement or alteration on or above any portion of the Flood Fringe or ftsoO 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 inlurious to human, animal or plant life. C.Thedisposalofgarbageorothersolidwastematerials. D. Any obstruction which would adverseiy affect the efficiency of or restrict the flow capacity of a designated ffoodplain s.o'as to. cause foreseeable darnage to others. 4. Construction is allowed within the Flood Fringe area (i:e., the area within the Floodplain that is outside of the Floodway) in accordance with the following performance standards: A. The lowest floor, including basement, of any new or substantially improved building designed for residentialoccupancy shalt not be less than one (1) foot above the maximum water elevation of the 100 Year Flood' B. All new construction or substantial improvements shall be reasonably safe from flooding. C. D. E. F. G. Any proposed development shall be reviewed by the Floodplain Administrator at the time of Building Permit review to insure that the potential for flood damage by the 100 Year Flood is minimized. Utilities and facilities shall be located, designed and constructed so as to minimize damage by the 100 Year Flood and adequate drainage shall be provided to reduce exposure to flood hazards. All new construction of 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 dgmage, and bb constructed by- methods that minimize flood damage. New or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of floodwaters. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination from them during a 100 Year Flood' As-built certification shall be provided by a licensed Professional Lanil Surveyor or Professional Engineer to verify that the elevation of the lowest floor level of the construction is not less than one (1) foot above the maximum water elevation of the 100 year Flood. This certiftcation shall be provided in conformance with Garfield County Requirements on the appropriate certification form' 8 H> 6 : .J U .2r, .9 EEr "e=. ia lii isd ii iiii ^ o ' !oTE i ?ad E d{l i 5 3 i !orE t'*iE "ia:.;;iisii EE ii?BA .: E=! E: i.-2 x .. = Ei:-I : . i e !.:- c : I a c 5 ::!'E """;.!:: i;i; .-iE;aEI ii! E ? 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C-Aa '' : lt------..- {I . aldalt xttl --------\:\-\_ lio'artl, 6l raa'oat'l I laa'asl rlol et'oat1 Izga'lta Ilo' t. .!r'r!.t oaa'aat Idl arc'tatai; aaa'altar $..;rl'.,: i':::il't.i t so!@nrl. r'stt .rn lrrorlt xr. 6,vd, Jrt se .ir:ris: soo{ln arulr{,t@ror' ^€ {orvfunoJ l{rl xorrrrS ro!{/t --dJrlo, ilolr?rs o{no'in -i- !rilof rorr'ic oim' + lxll i0lrtts si6! - turrGor \ ,- ) $!as6Ntr ;": ,'"t i-: lilt, .. '' _ ftJ nolr'' SSOaI --_- lrrtll olqa .A r!rd!t?o x aodrt@ ltarrlttr O loqo' 1&i. v oil3i5rl Fr t' I \':l . _rlt.arri Iroo'rca xC'C J- c,r'r,,', r ' crt'rE, . aat aaa I I .l ,i tI I J--rrr'o!t\,arl'tii x s. aazlG tr i ooo'ozt'r, u GARFIELD COT]NTY Building and Planning RECEIVED.SEP 2 O 1996 Mr. Peter Belau, P.E. Enartech Inc. P.O. Drawer 160 Glenwood Springs, CO 81602 RE-,: Rapids Floodplain Special Use Permit Dear Peter, Mark Bean and I have had the oppornrnity to review and discuss the recent floodplain information zubmitted on behalf ofthe Rapidsbn the Colorado SubdMsion and we offer the following conrments' The urbmitted information on how the fill material would be placed and how the Flood Fringe may be afued is too generic to make any conclusions. These statements must be based on certain, technical datl specific to how in nU would be placed and how much fill (cubic) would ie required to raise the building envelopes out of the 10g-year floodplain. Consistent with the information in item #1, you should include a discussion of the projected, downstream effects to the l0Gyear floodplain. Essentially, demonstrate that Section 6'09'02 ip) of *r" ZonngResolution would be met. Perhaps this would require atfiC'Z study' Assurance of compliancewith Seaion 6.08.01 (1) ofthe zorungResolution, specifically that your floodplain development scenario complies with Section 404 of the Federal Water bo[ution Control Act Amendments of 1972,33 U.S.C. 7344. Finally, the information submiued by you must bear your stamp' If you have any questions regardingthese issues, please contact Mark or myself. Additionally, please submit this iniormation in a tirn"iy zutiorL so it may be reviewed'and presented to the Board' At this time, the application is considered to be incomplete and will be removed from the Board's consideration unless'the required information has been submitted and reviewed' Sincerely, ?fitt> Eric D. McCaffertY Garfield CountY Planner cc: Don DeFord 2J 3I 47 lo9 8th Street, Suite 30S 94552121285-7972 Glenwood Springs, Colorado E1601 ENARTECH tnc. Consulting Engineers and Hydrologists =\NNJZZ- .Zia]S- ^ZIN. RE:The Rapids Floodplain Special Use Permit Dear Eric: Enclosed is a revised Preliminary Plan (date d 9123196) for The Rapids on The colorado Subdivision showing conrours for the proposed floodprain fill material for this project- This information is in response to your ,"qrr.rt ior additional information outlined in your letter that I received on September 20th. The filt is to be praced at an elevation that is at or above the 100-year flood elevation. The elevation of the flrll is summarized on a lot-by-lot basis in the enclosed table. The frll is to be praced by the project construction contractor at the time of construction of the subdivision improvements. The fill material witl probabty be placed by scrapers; ttris win be ar the discredon of the construction contractor. The frll will be wheel- roil compacted to a density at least g5% ofthe maximum Standard proctor density of the soil. Topsoil will be stripped and re-placed on top of all disnrrbed areas' Borrow material will be from Lots 25,26,31 and 33 on the prOperty and from the Homeowner's Association parcels' including excavation from the proposed pono. The net quantiry of fill material is estimated to be 50,000 cubic Yards of soil- Regarding downstream effects of the proposed fill material' there are none' As stated in my previous correspondence dated September 17th. the proposed fitl is to be placed rvithin the Ftood Fringe of the 100-year Floodplain, which means that the frll material will not cause an obstruction to the flow, wil not adversely affect the efficiency of the flow, will nor restrict the flow capacity of the floodplain and will not cause foreseeable damage to others' one of the primary purposes of a Flood Insurance Study is to define the Flood Fringe' which is the portion of ,Fe 100-Year Floodplain which may be fitled in without causing adverse flood impacts. The Flood Fringe is de'fined ihrough a.HEC-2 arralysis'whereby 1cr93cnm1"t: 1: modeled inro rhe floodplain within the HEC-2 computer analysis to determine if anf impacts occur. since this HEC-2 anarysis has arready been performed and the Flood Fringe has already been defined, I will use the HEC-2 analysis from the Flood Insurance Study' September 26,1996 Mr. Eric McCaffertY Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood SPrings, CO 81601 The proposed placement of fill material Pollution Control Act Amendments' A complies with Section 404 of the Federal Water 404 Permit is not required because none of the 302 Eighth Street. Suite 325 P.O. Drawer t60 Gtenwood Springs. Cotorado 61ffi2 (g7O) 945-2236 Fax (970i 3::-2?77 Mr. Eric McCafferty Page - 2 proposed fill material is to be placed within the ordinary high water mark of the Colorado River or in any wetlands. Also enclosed is my previous lener regarding the floodptain special use permit applicadon for The Rapids wi*r my Professional Engineer's stamp as you requested- The table rvith the floodptain and building elevations attached_ to ,hit- !".9: hr: been revised to show the correct elevations; the previous elevations were off by 100 feet in elevation' Please give me a call if you have any questions in this regard. Sincerely, ENARTECH, INC. a Peter Belau, P.E. PB/jlw Enclosure cc:Gene Hilton Scott Balcomb P423{r @423_04C)96 UTN NA.PIDS ON TIIE, COLORADO SI.]BDIVISION FLOODPLAIN AND PROPOSED FILL ELEVATIONS Lot Number . .1 .., 5 4 5 6 7 8 9 10 1l 12 13 L4 l5 16 l7 l8 19 20 100-Year Flood Elevation 5496.1- 5496.8 5496.8 - s497.2 5497.2 - 5497.7 5497.7 - 5498.1 5498.1 - 5498.6 5498.6 - 5499.1 5499.1- 5499.7 5499.7 - 5s00.2 5500.2 - 5500.6 5500.6 - 5501.0 5501.0 - 550i.5 5s01.5 - 5502.0 s502.0 - 5s02.6 5502.6 - 5503.1 ss03.1 - 5503.6 5503.6 - 5504.{. 5504.I - 5504.6 5504.6 - 5505.2 ss05.2 - 5506.0 ss06.0 - 5510.0 Proposed Fill Elevation 5496.r - 5496.8 s496.8 - 5497.2' 5497.2 - 5497.7 5497.7 - 5498.1 5498.1 - 5498.6 5498.6 - 5499.1 5499.1 - 5499.7 5499.7 - 5500.2 5500.2 - 5500.6 5s00.6 - 5s01.0 5501.0 - 5501.5 5502.0 None None None 5503.6 - 5504.1 5504.1 - 5504.6 None None None September 17,l99b Garfield CountY Garfield CountY Commissioners 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Floodplain Special Use Permit Application The Rapids on The Colorado Subdivision ENARTECH tnc. Consulting Engineers and Hydrologists =\NVZZ- -Z]S- ^ZlN. Dear Board Members: This letrer is to revise Gene R. Hilton's previous special use Permit application lo allow development within the Floodplain of the Colorado River for The Rapids on The Colorado Subdivision. Mr. Hilton's previous requesr was outlined in his letter dated May 2L,1996 and in the preliminary plan submittal documents for The Rapids Subdivision- This Special Use Permit application is hereby revised to require the applicant and developer (Mr- Hilton) to place fill material within the Flood Fringe area as necessary to elevate all of the building envelopes rvithin The Rapids subdivision above the level of rhe 100-year floodplain. The extent of the proposed fill material and the location of the proposed building envelopes is shown on rhe re*ised Prelirninary Plan for The Rapids on The Colorado Subdivision' dated 9116196' Since the placement of the fill material will effectively remove the building envelopes from the 100-year floodplain, the following conditions of Approval previously recommended tbr The Rapids Subdivision should not be necessary: *Site specific, engineered building foundations and iudividual sewage disposal system designs ,il"tt U. subject to individual Floodptain Special Use Permit applications and approval, prior to the issuance of a building permit for any corstnrction identified within the 100-year floodplains of the Colorado Rirer and./or Garfield Creek. " *prior to Final plat, the developer's engineer shalt submit site specific engineered plans for residential'dev'elopmenr wirhin the flood fringe of the Colorado Ri'ier and Garfireld Creek- Furthermore, all development in these areas shall be consistent with these plans and shall be required ro furnish as-built, elevation certificates demonstrating that all construcrion meets the provisions of Section 6-09 of the Garfreld Counry Zoning Resolution of 1978. as amended, prior to the issuance of a certificate of occupancy by the Garfield counry Building Department.' The proposed fill is to be placed rvithin the Flood Fringe of the 100-Year Floodplain. rvhich means (by dehnition of the Flood Fringe) thar the fill marerial rvill not restrict the tlo$' capacitl' of the river and rvill have no significanr adrerse impacts on the remainder of the tioodplain' 3c2 E:ghth Street. S.tre 3Zi p-O. Drawer t 60 Glenr',occ-c!.1ngs. Calorado 81ff/2 tgTot 945'2235 Fax tgTC' ?::'2?7: Board Members Page - 2 placement of the fill in the Flood Fringe will result in no significant increase in the flood rvater elevarions or in the flood flow velociries in the vicinity of The Rapids Subdivision. Theretore- placement of the f,ilI in the Flood Fringe will result in no additional flood hazard or erosion to adjacent propefties. The following conditions of approval for *re Special Use Permit are recommended tbr Lots 1-20 of The Rapids Subdivision to avoid rhe removal of fill material or building construction by individual lot owners that may result in a flood hazard: l. The lowest floor, including basement, of any new building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100-year flood as determined by the Garfield County Flood Insurance tTOr. Z. On-site individual sewage disposal systems shatl be located so as to avoid impairment of them or contamitration from them during a [O0-year flood' 3. prior to issuance of a building permir, the owner of each lot shall prepare and submit a soil and foundation report, an ISDS design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be consmrcted in accordance with such measures, which shalt be a condition of the building permit. Item number 3 above has also been recommended by the Planning Staff and by the Planning Commission for The Rapids Subdivision. A lisr of the 100-year flood elevations and minimum building elevations for Lots 1-20 is enclosed- Sincerely, ENARTECH, INC. cc:Gene Hilton Scott Balcomb ) fulGrht w'ru (otL fuf FurcMT Percr Belau, P.E- PB/jlw Enclosure P423-01 LPa23 03C)96 TIIE RAPIDS ON TIIE COLORADO SUBDWISION FLOODPLAIN AND BIIILDING ELEVATIONS Lot Number 1 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 l6 l7 18 19 20 100-Year Flood Elevation * lowest Building Floor Elevation s496.8 5497.2 s497.7 5498.1 5498.6 5499.1 5499.7 5s00.2 s500.6 5501.0 5501.5 5502.0 5502.6 5503.1 5s03.6 5504.1 5504.6 5505.2 ss06.0 5510.0 5497.8 5498.2 5498.7 5499.1 54i9.6 s500. l 5s00.7 5501.2 5501.6 5502.0 5502.5 ss03.0 5s03.6 5504.1 5504.6 5505.1 5505.6 5s06.2 s507.0 s511.0 * NOTE: The 100-Year Flood Elevatisn is from the Draft Garfield Counry Flood Insurance Snrdy, at rh" upt,t.r- "dg. of tht buildi'g t*"lop NECEIVED APR 2 9 1997 BOB STATE OF COLORADO County of Garfield At a regular hearing of the Board of County Commissioners fQr Garfield-C_ounty, Colorado, r,"ra in the Cornmissioners't{eiing Roong Garfield County Courthouse, in Glenivood Springs on Mongay , the _z!h of April A.D. i9 97 , there were Presert: Marian I. Smith , Commissioner Chairman John Martin , Comrnissioner Larry McCown , Commissioner Don DeFord , CountY AttorneY Mildred Alsdorf , Clerk of the Board - Chuck Deschenes - ' County Administrator when the following proceedings, irmong others were had and done, to-wit: RESOLUTION NO. q7 _? 6 A RESOLUTION CONCERNED WITH TI{E APPROVAL OF A FLOODPLAIN SPECIAL USE PEfuVlIT FOR RAPIDS ON THE COLORADO SUBDIVISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Gene Hilton for a Floodpiain special u_se Permit to allow the placement of fill material in portions of the flood tinge of the colorado Rivo *a Crarfield creek on the following described tract of land: See Anached: Exhibit A (intheStateofColoradoan<itheCountyoiGarfieid);and WHEREAS, the Board held a public hearing on the 7th day of October, 1996, upon the question of wherher the abovedescribed Floodplain ipecial usl p.rmit shouid be granted or denied, at which hearing the public and interested persons were given the oppornmty to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: i. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners' ) )ss ) Illllll l$ll llllllllllllllu lltltul lll!|tllllll llll z,#iio eiitosTissz 03:35P 81014 P80E 447 ;;'; i o.oa-o 0'oo N o.0o mRFIELD couxrY cLER 2. That the hearing before the Board of counry commissionm was extensive and complete' that all pertinent facts, matters -air*", were submitted and that ali interested parties were heard at that hearing' 3.ThattheapplicationisincompliancewiththeGarfieldCouutyZonngResolutionofl9TS, amended' 4..Fort}rcabove.statedandotherreasons,theproposed.useisinthebestinterestofthehealttt, efety, morals, *nr.ni*"", ordo, prosperity *a *"tiutt of the citizens of Crarfield County' NOW, THEREFORE, BE IT RESOLVED by the Board of county commissioners of Garfield County, Colorado, tfrat theFloodplain S;;;-tt" Pe;t ; *d h:fby is authorized pernitting the use of the abovedescribedtracrof landforlrripru..*"rt.of fill-materialinportionsof thefloodfringeof the Colorado River and Garfield creek, r.rpon ih" following specific conditions: l.Thatallrepresentatiorsoftheapplicant,eitherwithintheapplicationorstatedatthehearing "f"r" ri.'g"rra of Corrrrry Ct*mi'sioners, shall be considered conditions of approval' z. That the Special use permit shall be issued when all conditions of approval are met and shall be subject to "af,"r"o..1o ,p"cint tonA'i*' to be contained within the SubdMsion Irnprovements Agreement for ih" Rapids on t]le colorado subdivision' 3. That ail placement of fill material shall be in accordance with the engineering specifications ro, itit type of floodplain development' 4. That the compaction of fill material shall be field verified by the developer's engineer, as it is being placed, and th";;d"";r shall proria" inai ridual, "as-built" elevation certificates' for eactr affected lot, uPon completion' 5. That approval of this Special use permit shail in no way be construed as approval of the Rapids on the cotoraao Subdivrsioq nor rhr[ i, obligate thi goard of counry commissioners to aPProve said subdMsion' 6. That approval of this Special use permit shall preclude the necessity of compliance with the following plat note/condition of upp,ouJ, ptoptttA for the Rapids on the Colorado Subdivision Site specific, argineered building foundations and individual sewage disposal system designs shall be zubject to inaMaual Firodplain sp"".r ur"-permit applicationi and.approval' prior to the issuance ,f ; ilildirg permit foi any construction identified within the 100-year fltodplains of the Colorado ni"t' and/or Garfield Creek' prior to Final PIat, the developer's engineer shall submit site specific engineered plans for residential development within the flood iring; ;1Ut Colorado River and Garfield creek' Furthermore, aI aerffi*.", i" iir.r. r.u, shall be consistent with these plans and shall be L[1tJill[lt !!.['tu!lu! ru |IllLuLllxl I] l1I;-:; A i s.9 D o.oo N 0.40 cfiRFIELD cout{rY cLER 9. 10. required to furnish as-built, elevation certifcates demonstrating that all construction meets the provisions of Section 6.09 of the Garfield County Zonng Resolution of 1978' as . ,**a"a, prior to the issuance of a Certificate of Occupancy by the Garfield County Building Departrnent. That the lowest floor, including basement, of any new building designed.for residential occupancy shall not be iess tha"o}. (1) foot above the ma:rimum water elevation of tbe 100- V* Aooi as determin"d !y the Garfield County Flood Insurance Study' That on-site individual sew€e disposal qystems shail be located so as to avoid impairment of ;5"* ;; contandnation fro ihem duringa 100-year flood event That prior to issuance of a building permit, the owner of.each lot shall preDuu.e and submit a soils and foundation report, anI.S.i.s. o.riga and a grading ld drainage plan prepared and certified by a professional engineer. an iirprorernerlt :l$ be constructed in accordance with such measures, wtrich rt"u u" a condition of the building permit' That the applicant/developer shall take prudent measures to control dust generation and migration from the site, fo; the duration of development on the site. Dated-this--8 t h- daY of ATTEST: A.D. 19 e7 GARFIELD CO{.]NTY BOARD OF COIvIMIS SIONERS, GARFIELD C OI-JNTY' COLORADO Aori 1 Zr-*l Jaz Chairman upon motion duly rnade and seconded the foregoing Resolution was adopted by the following vote: Commi ss ioner Cha i rman Marian I - SI!!f!-b Aye Aye AyeCommi s-e i oner l-arrY L ' McCown ' Commissioner John F.Mart i n Lry U Ull}! l'tl H! lul lllt !Hu!:!u1[l']" STATE OF COLORADO County of Garfield I County Clerk and ex-officio Clerk of the Board of County n, ' .'. rL^^ ^t-^ ^--^.-^I ^-rl f^.*nino."ffi" aforesaid do hereby certify,t,"l P" annexed and foregoing Resolution is truly copied from the Records of the proceeding of the Board of county commissioners for said Gar6eld CountY, now in mY office' IN WTINESS WHEREOF" I have hereunto set my haud and affixed the seal of said County, at Glenwood SPrings, this daY of A.D. 19_. county clerk and ex-offcio clerk of the Board of county commisstoners ) )ss ) LEGAL DESCRIPTION The Rapids of the Colorado LEGAL DESCHIPTION A tract of land situated in the Section 5, TownshiP 6 South, as follows: SW1/4 of Section 4 and the SE1/4 of Range 9'l West of the 6th P.M. described Beginning at the Southwest Corner of said Section 4; thence N 0o 50' 00" W +SA.t0 feet along the West line ol said Section 4 and along the Easterly line of .that parcel of land described in Book 570 at Page 256 in the Office of thi: Garfield County Clerk and Recorder; thence N 75".43' 18" W 101.89 feet; thence N 17" 08' 41" W 115.59 teet; thence N 53o 47' 08" W 177.75 feet to the thence along the center of said river N 23o thence N 23o 43' 20" E 310.00 teet; thence N 35o 08' '15" E 419.25 feet; thence N 42" 56' 13' E 499.62 feet: thence N 65" 01' 47" E 404.40 ieet thence N 71o 35' 12" E 503.50 feet; thence N 84o 15' 20" E 284.99 feet; thence S 81o 33' 38" E 244.41 teet; thence S 58o 02' 47" E 266.82 feet; thence S 68" 42' 11" E 476.70 feet; thence departing the center of said Colorado River S 0o 29' 34" E 523.50 feet to the Northeast Corner of that parcel described in Book 527 at page 743 as Reception No. 293881; Thence along the boundary of said parcel S 78" 22' 10" W 321.42 feet; thence S 8" 40' 15" E 378.29 feet to a point on the Northerly Right-Of-Way of County Road No. 335; thence along said Right-Ot-Way S 78o 58'32" W 207.05 teet; thence 140.15 feet along a curve to the left, having a radius of 1030.00 feet, a central angle of 7" 47'46"; the chorcj of lvhich bears S 75'04'40" W 140.04 feet; ihence S 71o 10' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve to the left having a central angle of 7' 09' 25" and a radius of 530.00 feet; the chord of which bears S 67'36'05" W 66.16 feet; thence S 64" 01' 23" W 296.11 feet; thence. departing said Right;O_f-W?y S_0o.14' 42" E. 653.78 feet to a point on ine South line of said S'ection 4; thence S 89o ZO'OB" W 1308.98 feet to the POINT OF BEGINNING; said described tract containing 97.269 acres, more or less. center of the Colorado River; 43' 15' E 339.10 feet; LLt'ltJ tl[l,lll!| I,lI' l!]!'.lu r llt ll' ir,Hul llf T r ""5 of 5 f, 0-o0 o s.66'i-b'ss-cnnn*o couNrY cLER December 30, 1998 Mr. Gene R. Hilton 2102 West Arapahoe D.iu" Littleton, CO 80120 RE: The Rapids Dear Gene: ENARTECH lnc. Consulting Engineers and Hydrologists -\NVZZ- ^flN. 1. 2. This letter is to provide certification for the placement of fill material in accordance with the Garfield County Floodplain Special Use Permit for the Rapids on the Colorado Subdivision @esolution 97-26, copy enclosed). I, Peter Belau, a Colorado registered Professional Engineer, hereby certify the following: The 'as-built" elevation of the fill placed on Lots l',2, 3, 4, 5, 6, 7 , 8, 9, 10, 11, 12, 16, 17, and 18 of the Rapids on the Colorado SuMivision is above the elevation of the l0Gyear flood, effectively removing the building envelopes on these lots from the l0Gyear floodplain of the Colorado River. The fill material was placed in accordance with the engineering specifications for this type of floodplain development, including the compaction of the fill material. Please note that the Special Use Permit has a number of additional requirements, includiug that the lowest floor, including basement, of any residence must be at least I foot above the 100-year flood elevation. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Errclosure Mark Bean E-mail: belau@rof.net P42341 DOCS\PJB98\423_LIr G Hilon IZ3[frSA g2 Eighth Street, Suite 325 P.O. Drawer til Gtenwood SprirBts, Colorado$lilZ (970) 945-22J6 Fax (97O) 945-2977 ;@-J.6 ...j--',19.i...o-o*;.. .'ai [*'*i*fiLHk;'' FTOUNTAIN CROSS ENGINEERING. INC. Crvu. lNo Etwtnonutxrn ConsutnNc eruo DrgcN February 27,2006 Rapids DeveloPment CorPoration C/0: Mr. Gene Hilton 2102 West AraPahoe Drive Littletoq CO 80120 , RE: Rapids on the Colorado Flood Plain Dear Gene : I have reviewed the letter provided by Peter Belau of Enartech, Inc. dated December 30, 1998 concerning the placement ;f fifl material for the 10O-year floodplain of the Colorado River, The elevation of the fill material will not be modified for the proposed gading of the Planned Unit Development (pUD)- Additionally, the building envelopes of the proposed PUD lots have been setback even furthei to* the 100-year floodplain than the previous lots- The December 30, 1998 elevation certificate is valid for the ptoposed PUD. Feel free to call with any questions.You maY have. SincerelY, Mountain Cross Engineering, Inc. Attachment ffi ir"( 1 l) c.rznd Avenue . Clenwood Sorines, CO BI 601 M9UNTATN cRoSS lThe RAPIDS on th e GOLORADO PUD ELEVATIONS*SCATEKnoENGINEERING, INC. Clvll and Enyltonmont l Consuttlng and Dos[n &16 llit Gnrd Avenuo Glenmod Sprlngr, CO 8lG0l ph e70ra5.564a fi e7o.eat 5ttCE w.mntdEat.ngLcfit BASE FLOOD Exhibit