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Home My WebLink About3.0 Correspondence and ConditionsGIenn Hartmann From: Sent: To: Subject: Attachments: Michael Erion <merion@resource-eng.com> Thursday, June 27, 20L9 2:27 PM Glenn Hartmann lExternall RE: Rudd Draft Director's Decision Letter Rudd SUAA-04-L9-8725 review mje 6 27 201-9.pdf Glenn: The draft decision looks good. Attached is the review letter Regards, Michael MlchaelErlonn P.E. Water Resources Engineer (970) 945-6777 Yolce (970) 945-1137 Facsimlle www.fesoufce-enÉ.Gom contained in this AND CONFIDENTIAL informat¡on intended only for the use of the individual or ent¡ty named above. lf the reader of this message is notthe intended rec¡pient, or the employee or agent responsible to deliver itto the intended recip¡ent, you are hereby not¡fied that d¡ssem¡nation, distribution, or copying of this communication is str¡ctly prohibited. lf you have received this communication in error, please immediately notify us by telephone and delete the original message from your system. Thank You. From: G len n Ha rtma n n <gha rtma n n @ga rfie ld-cou nty.com> Sent: Wednesday, June 26, 2019 4:36 PM To: Michael Erion <merion@ resource-eng.com> Subject: Rudd Draft Director's Decision Letter Hi Michael: l'm still working on the documents for Rudd and l've attached a draft Director's Decision Letter that is modelled after the staff memo but includes a bit more in terms of findings. lt is set up to easily add references to your referral letter/comments. Thanks again for your assistance with this review. Glenn. Glenn Hartmann, Principal Planner Garfield County Community Development 970-945-1377 xL57O gha rtman n@ga rfield-countv.com 1 Glenn Hartmann From: Sent: lo: Cc: Subject: Attachments: Tim Beck <tbeck@za-engineering.com> Wednesday, June 19, 2019 1-2:05 PM Glenn Hartmann lel lellaw.net; Eric Rudd lExternall Cattle Creek Commercial Center County floodplain letter follow up -- 06.19.20L9-w exhibits.pdf; Elev certs Bldgs E-F-H - signed.pdf Glen, Attached are the letter and exhibits we discussed on site last Friday, in final form. I have also attached elevation certificates for the three existing buildings (E, F, & H) that are within the current effective floodplain. Let me know if you have questions or comments f^ 8*ê Timothy P. Beck, P.E. tbeck@za-engineeri ng.com Direct: 97O.928.3422 | Office: 970.945.5700 Zancanella & Associates Inc. I Engineering Consultants 101 1 Grand Avenue I Glenwood Springs, CO 81601 1 P,O. Box 1908 l0l't Grand Avenue Glenwood Sprlngs, co 81602 (97O) e45-57oo (97o) 945-1253 Fax ZancangtL.r AirD âsgoc¡antrlg.. rn,c. Élrø¡{ gmfi 6 (oNsu Lrâîtßí May 2,2019 Rev. June 13,2019 Glenn Hartman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Via emailto: Re: Cattle Greek Commercial Center Building Permit Application and Related Floodplain Mr. Hartman This letter is to respond to your email of April 30, 2019. As noted in our previous letter, in 1999 our Client filed for a special use permit to place fill on its property in the floodplain of Cattle Creek pursuant to GCLUC Section 4-109. The purpose of the fill was to provide a "platform" to enable the construction of buildings on the property such that normal building construction and drainage considerations would easily result in the finished floor elevation of any subsequently constructed building to be at least one foot above the appropriate floodplain elevation. In accordance with discussions with county personnel an exhibit entitled "General Location Map, Buildings, Fill and Floodplain Information" is attached to this letter to illustrate various locations and elevations pertinent to the subjects discussed in this letter. By Resolution number 99-114, the Board of County Commissioners approved the special use permit, subject to certain conditions. A discussion of those conditions was included in our previous letter of January 15,2019. This letter includes a discussion of Garfield County June 13,2019 Page 2 the items included in GCLUC Section 4-109, as requested. The specific items from that section follow: IGCLUC Section 4-1091 A. Review Criteria. A Floodplain Development Permit may be issued by the Director or designated Floodplain Administrator if it is found that the application is in conformance with section 3-301, Floodplain Overlay Regulations, and upon weighing the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; The danger to life and property due to flooding or erosion damage has been mitigated by filling the area in question to an elevation above the regulated floodplain elevation. Srnce the area in question is filled to an elevation above the regulated floodplain, floodwaters should be constrained to travel within the floodway. That is the purpose of the regulated floodway, to maintain an unobstructed channel area sufficient to convey the regulated flood. 2.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individualowner; The purpose of elevating the area in question above the elevation of the regulated floodplain is to raise the improvements placed on the higher elevation above the influence of floodwaters. 3.The danger that materials may be swept onto other lands to the injury of others; Again, raising the developed area above the level of the regulated floodplain will prevent stored materials from being swept away during flood events. 4.The compatibility of the proposed use with existing and anticipated ,J^.,^l^^*^-¡.vçvçtvl,rt I tçt ll, The currently proposed buildings are a continuation of the existing development and are thus compatible with the existing and anticipated developme nt. Garfield County June 13,2019 Page 3 5.The safety of access to the property in times of flood for ordinary and emergency vehicles; The main access roadway to the property is not within the regulated floodplain so no change rn access or safety of access is expected in times of flood. The secondary access areas assocrafed with each building are located on the elevated area and are thus above the floodplain elevation. (See attached Access Exhibit for additional information.) The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems; All utilities except electricity are privately provided by the existing development. The electrical seruice rs on poles overhead, so no disturbance would be expected to the electrical seruice provided by the local electrical utility. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Again, since the area in question is elevated above the floodway area normally affected by floodwaters, the area is not expected to ex p e ri e n c e d et ri m e nt al effe ct s f ro m f I oo dw ate rs. 8. The necessity to the facility of a waterfront location, where applicable; Not applicable. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and The area in question has already been raised above the elevation of the regulated floodplain, so no other alternative is available nor desirable. 6. 7 9. Garfield County June 13, 2019 Page 4 Sincerely, Zancanella & Associates, lnc T,ln 8"rÉ Timothy P. Beck, P.E TPB/soe Attachments CC: Eric Rudd Lee Leavenworth 10.The relationship of the proposed use to the Comprehensive Plan for that area. No change in use or zoning is contemplated GNEC SCÆ iEd=#¡-i ./t' Jli,, GENERAL LOCATION MAP BUILDINGS, FILL, AND FLOODPTAIN INFÕRMATION 1 Cñèk Cômmàrcid Vvayne Rudd EXISTING ilwY 02 FRON I AGÈ ROAD EXISTING ACCESS ROAD PROPOSED PAVED AREA EXISTING PAVED ACCESS AROUND EXISTING BUILDINGS PROPOSED PAVED AREA U.S, DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agancy National Flôod lnsurance Program ELEVATION CERTIFICATE lmportanh Follor¡r the instructions on pages 1-9. Copy all pages of this Elevation GerlificatE ånd ell attachments for (1 ) crynmunity official, (2) insurance agenucompany, and (3) building owner OMB No. 1660-0008 Expiralion Dâte: November 30, 2018 SECTION A. PROPERTY INFORMATION FOR ¡NSURANCE COMPANY USE A1. Bu¡lding Ownefs Name CCC-B LLLP Poficy Number: - Á2. gu¡tuing street Address (including Apt,, unit, sulle, and/or Bldg No.) or P.o. Route ând Box No, 0062 County Road '113 - Euilding Ë Company NAIC Number: City State Colorado ZIP Code 81623Carbondale 43. Property DæcriPlion (Lot Numbers, Tax Parcel Number,etc.) Garfietd County Parcel Number: 239318100358 44. Building Use (e.9.,Residential, Non-Residentiel, Addition, Accessory,etc,) Commerc¡ãl 45. Latitude/LonE¡tude:1at.39.455247 Long.107.258919 HorizontalDatum; E ¡¡eO tszz El NAD 1983 46. Attach at least 2 photographs of the building if the Gertiftcate is be¡ng used to obtain flood insursncç 47. Building Diagram Number 1A a building with a crawlspacE or enclosure(s): of crawlspace or enclosure(s)a)sg fl b) Numberof openings in the crawlspace or enclosure{s) within I 0 foot above adjacent grade c) Total net area of flood openings sq in d) Engineered flood openings? Ü yes tr No a building with an atlached garâge: of attached garage - sq ftâ) sq b) Numberof openings in the ettached garage with in 1.0 foot above adjacent grade sq inc) Totãl net areã ol flood openings d) Engineered flood openings? fl Yes n SECTION B - FLOOD I¡iISURANCE RATE MAP (FIRM} INFORMATION 81. NFIP Gommunity Name & Community Number Garñeld County 080205 82, Coun$ Name Garfield County 83 Stetê Colorado 84. Map/Panel Number 1465 85. Suffix B 86. FIRM lndex Date 3 JAN 1S86 87. FIRM Panel Effectivel Revised Date 01-03-1986 88. Flood Zone(s) A1 89. Base Flood Elevation(s) (Zone AO, use Eage Flood DePlh) 6015.8 810. lnc,icale the source of the Base Flood Elevation (BFE) data or bese flood depth entered in ltern 89. EI FIS Profile E FIRM n Community Determined I Other/Source: 811. tndicete etevation datum used for BFE ¡n ltem 89: E NGVD 1929 n NAVD 1988 [ other/Source: B in a Coastal Banier Resources SystEm (CBRS) a(ea or Othen¡¡ise Prolected Area (OPA)? f, Yes ! No Designation Date:OPA FEMA Form 086-0-33 (7/15)Replaces all previous editions Form Page 1 of6 IMPORTANT: In these spacs3, copy the corresponding lnformatlon from Secllon A.FOR INSURANCE COMPANY USE Building Street Address (including Apt,, Unit, Suite, and/or Bldg. No.) or P,O. Route and Box No. 0062 County Road 113 - Bullding E Policy Number: City Carbondale Slâtê Colorado ZIP Ëode 81623 üompâny NAlc NumÞEr SECTION G - BU¡LDING ELEVATICIN INFORMATION {SURVEY REEUIRED} Cf , Bu¡lding elevations are based on' I Construction Drawings' I Building Under Gonstruction' $ Finished Construction 'A nevy Elevatlon Gertilicate wrll be required when conslruclion of the building is complete. C2, Elevations - Zones A1-430, AE. AH, A {wilh BFE}, VE, V1-V30, V (with BFË), AR, ARIA, ARÍAË, AR/A1-430, ARÍAH, ARTAO, Complete ltems C2,a-h below according to the building diagram specified in ltem A7. ln Puerto Rico only, enter meters. Benchrnaft Utilized: N 158 VerticalDatum: NGVD 1929 lndicatE elevalion dalum used for the elevations in ilems e) through h) below. $ ltovo 1s2s f] NAVD 1988 ! otherlsource: Oatum used for building elevations must be the same as lhat usEd for the BFE ChEôk the measuremEnt used. a) Top of bottom floor (including basement, crawlspace, or enclosure lloor) b) Top of the next highcr lioor c) 9ottom of lhe lowest horizontal structural member (V Zones only) d) Attached garage (lôp 0f slab) e) Lowest el€vation of machinery or equipment servicing the building (Describe type of equipment and locetion in Comments) f) Lowest adjacent (finished) grade next to building (tAG) g) HighEst adjasent {ffnished) grade next to building {HAG) h) Lowest adjacent g¡ade at lowest Êlevetion of dack or stairs, including structursl supporl 6019.6 fi feel fJfeet fJ feet I reet I feet St feet ! feet I meters I meters I meters I meteæ I melers I meters I meten 6019.5 I feet I melers SEGTION D - SURVEYOR, ENG¡NEER, OR ARCHITECT CERIIFICATION This certification is to be signed and sealed by a land surueyor, engineer, or architect authorized by law to cediry eþvation information. I cerlify lhat the infomation on this Cedificate represenls my best ellotts to inlaryret the data available. I understand that any false statement may be puniÉhabld by line ar imprisonmsnt under I I U S Code, Section 1001 . Were laiitude and longitude in Seclion A provided by a licensed land surveyor? D ves fl xo I Cneck here if atlachments. License Number 20630 Ceñdlefs Name ïm Beck ïitle PÉ Gompany Name Zancanella & Associates, Inc, Address 1011 Grand Ave State Colorado ZIP Code ll Cltv Gúnwooo seriney' Date Ê118/2019 Telephone 9709455700 Ext.Signature Copy all pages of Elevation Cerlificate and all âttåohmênts br (1)offcial, (2) insurance agenücompany, and (3) building aruner Comments {including type of equipment and location, per C2{e), if applicable} ELEVATION CERTIFICATE OMB No. 1680-0008 Expiration Ðete: November 30, 2018 FEMA Form 086-0-33 (7/1s)Replaces all previous editions,Form Page2of6 U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency National Fbod lnsurance Program ELEVATION CERTIFICATE lmportant: Follow the instrucl¡ons on pages 1-9' Copy all pages of this Elevation Certificate ard ell atlachments for (1) community oñlcial, (2) insu¡ance agent/company, and (3) building owner' oMB No. 1660-0008 Expiration Date: November 30, 2018 SECTION A - PROPERW INFORMATION FOR INSURANCE COMPANY USE 41. Building Ownet's CCC.B LLLP Policy Number: @(inctud¡ngApt',Unit,SuitE.andlorBldg,No.)orP'o.Routeand Box No 0062 County Road 1 '13 : Building F Company NAIC Number C¡ty State Colorâdo ZIP Code 81623Carbondale AA properly¡escr¡ption (Lot and Block Numbers. Tax Parcel Number, Legal Description, elc,) Garfield County Parcel Numberî 239318100358 44. Bullding Use {e.9., Residential.Non-Residential. Addition, Accessory, etc.) Commercial A5. Latitude/Longitude,Lat.39.455247 Long 1CI7.258919 HorizonlalDâtum: fl NAD 1927 E]NAD 1983 46. Attach at leest 2 photographs af thÊ building if the Cerlificate ¡s being used to obtain flood insurance. 47. Buitding Diagrâm Number 1A a building with a crawlspace or enclosure(s): of crawlspace or enclosure(s)a)sq fl b) Numbarof openings in the crawlspace or enclosure(s) within 1 0 foot above adiacenl grade c) Total net area ofllood oPenings sg in d) Englneered llood openings? ü Ves D No a building with an attached garage: of attached garage - sq fla) b) Numberof openlngs in the attached garage within 1,0 foot ebove adiacent gradE c) Total net ar€a of flood oPenings Eq rn d) Engineered flood openings? [ Yes SECT¡ON B. FLOOD INSURANCE RATE MAP INFORMATION 81. NFIP Communily Name & Community Number Garfield County 080205 82, County Name Garfield County 83, Stete Colorado 84. Mâp/Penel NumÞer 1465 85. Sufñx B 86. FIRM lndex Date 3 JAN 1386 87. FIRM Panel EffEctive/ Revised Date 01-03-1986 88. Flood Zone(s) A1 89, Base Flood Elevation(s) {Zone AO, use Base Flood Depth) 6015.8 B10. lndicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in ltem 89 n FIS Profile I FIRM I Community Determined I Other/Source: Bt j, lndicate elevation datum used for BFE in ltem 89: EJ NGVD 1929 t NAVD 19SB I Otherlsource' in a Coastal Banier Resources System (CBRS) area or OtherwisE Protected Area {OPA)? [ Yes ! No Designation Dale:fl oPA FËMA Form 086-0-33 (7/15)Replaces all previous editions.Form Page I of6 IMPORTANT¡ ln these spacsa, copy the correspondlng lnformatlon from Sectlon A.FOR INSURANCË COMPANY USE Building Slreet Address (including Apt., Unit, Suite, and/or Bldg. No.) or P,O, Route and Box Nc. 0062 Coun$ Road 113 - Building F Policy Number: City Carbondale State Colorado ZIP Code 81623 Company NAIC Number sEcT¡oN c - BurLÐlNG ELEVATION ¡I,IFORMATION {SURVEY REOUIRED} C1. Building êlevations are Þased on: I Construction Drãwings' f] Bullding Under Conslruction' ffi Finished Construction 'A new Elevâtion Certificate will be required when construction of the building is complete C2. Elevalions - Zones A1-430, AE, AH, A {with BFE), VÉ, V1-V30, V (with BFEI, AR, ARUA, ARlAg, AR/41-430, ARIAH, AR/AO. Complete ltems C2.a-h below sccording to the building diagram specilied in ltem A7, ln Puerto Rico only, enter meters, Benchmark Utilized: N 158 Vertical Datumr NGVD 1929 lndicata elevation datum used for the elevations ln items a) through h) belou lil NGVD 1929 l-l NAVD 1988 l--l Orher/source: Datum used for building elevations must be lhe same âs that used lor the BFE. Check the messurêmênl used. a) Top ot botlom floor {including þasement, crawlspace, or enclosure floor} þ) Top ol the next hlgher floor c) Bottom of the lowest horizontal structural memþer {V Zones only) d) Atlâchêd garage (top of slab) e) Lowest elevation of machinery or equipmenl servicing the buildíng (Desøibe type of equipment and loeation in Comments) 0 Lowest ed¡acent (finished) grade next to building (l-AG) g) Híghest adjacent (finished) grade next to building {HAG) h) Lowest adjacent grade at lowest elevâtion of deck or st¿¡irs, including structural support 6ôrß c fi bet fl feet I feet I feet I feet $ leet I feet flmeters I meters ! meters I meters n meþrs I metan I meters 6018.8 ft feet ! melen SECTION D. SURVEYOR, ENGINEER, OR ARCHITECT CERT¡F¡CÀTION This cerliñcation is to be signed and sealed by a land surveyor, engineer, or architect authorized by law lo certiff elevation information. t carlify thal tha inlo¡matiañ on ffiis CertlTlcale reprasenfs my bast etro¡'ls to inlerpret tha data available I understand lhat any fatse slatømenlmaybepunishable bylîneorimprisonmenlunderlE U.S. Code, Saction1001, Were latitude and longilude in Section A provided by a licensed land surveyor? E Ves E ¡¡o I Ctrecf here if attachments, LicEnse Number 20630 Ce¡tife/s Name Tim Beck Title PE Company Name Zancanella and Associales, lnc. Address 101'l Grand Ave City Glenwood sprlsr ll State Colorado ZIP Çode 81601 Sisnature 7 Date 6/18/2019 Ext. 970S455700 Copy all pagel [fñ¡sEiãvat¡on Certiftcate and all attachments tur {1} communig offtcial, (2} insurance agenUcompany, and (3) bu¡ld¡ng owner. Commenls (inuluding typB of per C2{e), if applicable) ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Dqte: November 30, 20'18 FEMA Form 08S-0-33 {7r15)Replaces all previous editions.Form Page 2 of 6 U,S. DEPARTMENT OF HOMELAND SECURIW Federal Emergency Management Agency National Flood lnsurance Program ELEVATION CERTIFICATE lmportrnh Foltow the instructions on pages l-9. Copy all pages of this Elevation CertiÍcate and all attachments for (1 ) community official, (2) insurance agenUcompany, and (3) building owner. OMB No. 1660-0008 Expiration Date: Nowmber 30, 2018 SECTION A - PROPERTY INFORMATION FOR INSURANCE COMPANY USË 41. Building Owne/s Name CCC-B LLLP Policy Number @ciudingApt..Unit,Suile'and/orBldg,No')orP.o,Routeand Box No 0062 County Road 113 - Building H Company NAIC Number, City State Colorådo ZIP Code 61623Carbondale A3jroperty--escnptton (l-ot and Block Numbers, Tax Parcel Number. Legal Description, etc.) Garfield County Parcel Number: 239318'100358 44. Bullding Use (e,9.. Residential,Non-Residential. Addition, Accessory, etc ) Commercial 45. Lat¡tude/Longitude:Lat,39.455247 Long.107.2589rS HorizontalDatum; Ë NAD 1927 I NAD 1983 46. Attach at least 2 photographs of the building if the Cerlificate is being used to obtain flood ¡nsurancê. 47. Bu¡ld¡ng D¡agram Number 1A a building with a crawlspace or enclosure(s): of crawlspace or enclosure(s)a)sq ft b) Nuñberof openings in the crawlspace or enclosure(s) with¡n 1.0 foot above adjacent grade c) Tolal net area of flood openings sq in d) Engineered flood openings? Ü yes ¡No a building with an attached garage: a)of attached garagÊ sq ft b) Numberof openings in the attached garage within 1.0 foot above adiacent grade c) Tolal net area of flood oPenings sq ín d) Engineered flood openings? ! Yes SECTION B - FLOOD INSURANCE RATE MAP ItIFORMATION 81. NFIP Community Name & Community Number Garfield County 080205 82. County Name Garfield County 83 Stale Colorado 84, MaplFanel Number 1465 85. Sufñx B 86 FIRM lndex Date 3 JAN 1986 87. FIRM Panêl Effectivel Revised Date 01-03-1986 BB Flood Zone(s) A1 89. Base Flood Elevation(s) (Zone AO, use Base Flood Depth) 6017 810. lndicale the source of thê Bâse Flood Ëlevation (8FE) data or base food depth entered ¡n ltem B9: I FIS Profile EJ FIRM ! tommunity Detarmined I Other/Source: 811. lndicate elevalion dalum used lor BFE in lt6m 89: I NGVD 1929 E NAVD 1988 [ Otherlsource; in â Côastal Barrier Resout'ces System (CBRS) ârea or Othen¿ise Prolected Area (OPA)? [ Ves f] tlo Designation Date E ope FEMA Form 086-0-33 (7/15)Replaces all previous editions Fonn Page I of6 lftlPORTAtlT¡ ln lhese specÞe, copy the corresponding Informatlon from Sactlon A.FOR INSURANÖE COMPANY USË Building Slreet Address (inoluding Âpt., Unit, Suite, and/or Bldg. No.) or P.O, Roi¡te and Box Nq. 0062 County Road 113 - Building H Policy Number: Carbondale Colorado 81623 SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED} C1. Building elevations are based on' il Construct¡on Drawings' f] aunOing Urder Constructlon' fl Finished Construction 'A new Elevalion Certificate will be required when construction of the building ¡s complele C2. Elevations - Zones A1-430, AE, AH, A (wilh BFE), VE, V1-V30. V (with BFE), AR, AR/A, ARIAE, AR/A'1-430, ARIAH, AFllAO. Complete ltems C2,a-h below according to the building diagram specífied in ltem 47. ln Puerlo Rico only, enter meters- Eenehmarlt Utilized: N 158 Vertical Datum NGVD 1929 lndicate elevation datum used for lhe elevations in items a) through h) below. I NGVD 1929 fl NAVD 1s88 [ OtherlSource: Datum used for building elevalions must be the same as that used for the 8FE. Check the mcasurement used, a! Top of bottom floor (inctuding basement, crawlspace, or ènclosure lloor) , 6021.8 [l feet I meters b) Top of the next higher lloor c) Bottom of the lowesl hsrizonlal structural member (V Zones only) d) Attached garage (top of slab) e) Lowest elevation of machinery or equipmenl serv¡cing the building (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next ro þuild¡ng (LAG) g) Highest adiacent (finished) graOe next to building (HAG) h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support 60?1.7 I feet I mcten fl kiet I melers I feet ! meters I feet I meters [J feet ! meters I feet E meteß fl feet ! meters SECTIOÌ.I Ð - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification ¡s to be signed and sealed by a land surveyor, engineer, or architect aulhorized by law to certify elevation information I cañìfy lhal the infarmalioñ on this Ce¡lificateí rêprasenls mi Oàst ãffotts'to ínteryrat the data availâhla. I undaËland that any falsa stalement may be punishahle by frne or imprisonment undar lS U.S. Code, Seclion lo0l Were latitude and longitude in Section A provided by a licensed land surveyor? tlVes fJ ¡to f] Checf here if attachments. License Number 20630 CertifieCs Name Tim Beck Title PÉ Company Name Zancanella and Associates, lnc. Address 1011 GrandAve Clty Glênwood SÞrips A State Colo¡ado ZIP Code 81601 Signature 611 81201 I Telephone 9709455700 Ext. Copy all Cerlificate and all atlãshmsnts 1)hr community official,(2t lnSUfA¡Cre agentlcompany {3)buildingand(owñêr, Commente (including type of eguipment and location, per C2(e), if appficable) ELEVATION CERTIFICATE OMB No. 1660.0008 Expiration Date; November 30, 2018 FEMA Form 086-0-33 (7/15)Replaces all previous editions-Form Page2of6 P.O. Box 1908 1011 Grand Avênue Glenr¡vood Sprlngs, co 81602 (e7o) e45-s7o0 (97o) 945-1253 Fax Zancax*Lri .tND AEsoçtatæ, t¡<c. 6no¡ gíïr{c (onsu gÍA¡tts May 2,2019 Rev. June 13,2019 Glenn Hartman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Via email to: Re: Cattle Creek Commercial Genter Building Permit Application and Related Floodplain Mr. Hartman This letter is to respond to your email of April 30,2019. As noted in our previous letter, in 1999 our Client filed for a special use permit to place fill on its property in the floodplain of Cattle Creek pursuant to GCLUC Section 4-109. The purpose of the fill was to provide a "platform" to enable the construction of buildings on the property such that normal building construction and drainage considerations would easily result in the finished floor elevation of any subsequently constructed building to be at least one foot above the appropriate floodplain elevation. ln accordance with discussions with county personnel an exhibit entitled "General Location Map, Buildings, Fill and Floodplain Information" is attached to this letter to illustrate various locations and elevations pertinent to the subjects discussed in this letter. By Resolution number 99-1 14,lhe Board of County Commissioners approved the special use permit, subject to certain conditions. A discussion of those conditions was included in our previous letter of January 15,2019. This letter includes a discussion of Garfield County June 13,2019 Page 2 the items included in GCLUC Section 4-109, as requested. The specific items from that section follow: IGCLUC Section 4-1091 A. Review Criteria. A Floodplain Development Permit may be issued by the Director or designated Floodplain Administrator if it is found that the application is in conformance with section 3-301, Floodplain Overlay Regulations, and upon weighing the following relevant factors: '1. The danger to life and property due to flooding or erosion damage; The danger to life and property due to flooding or erosion damage has been mitigated by filling the area in question to an elevation above the regulated floodplain elevation. Srnce the area in question is filled to an elevation above the regulated floodplain, floodwaters should be constrained to travelwithin the floodway. That is the purpose of the regulated floodway, to maintain an unobstructed channel area sufficient to convey the regulated flood. 2.The suscept¡bility of the proposed facility and its contents to flood damage and the effect of such damage on the individualowner; The purpose of elevating the area in question above the elevation of the regulated floodplain rs fo rarse the improvements placed on the higher elevation above the influence of floodwaters. 3.The danger that materials may be swept onto other lands to the injury of others; Again, raising the developed area above the level of the regulated floodplain will prevent stored materials from being swept away during flood events. 4.The compatibility of the proposed use with existing and anticipated development; The currently proposed buildings are a continuation of the existing development and are thus compatible with the existing and antici pated develapment. Garfield County June 13,2019 Page 3 5 The safety of access to the property in times of flood for ordinary and emergency vehicles; The main access roadway to the property is not within the regulated floodplain so no change rn access or safety of access is expected in times of flood. The secondary access areas associafed with each building are located on the elevated area and are thus above the floodplain elevation. (See attached Access Exhibit for additional information.) The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems; All utilities except electricity are privately provided by the existing development. The electrical seruice is on poles overhead, so no disturbance would be expected to the electrical seruice provided by the local electrical utility. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Again, srnce the area in question is elevated above the floodway area normally affected by floodwaters, the area is not expected to experience detrimental effects from floodwaters. 8. The necessity to the facility of a waterfront location, where applicable; Not applicable. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and The area in question has already been raised above the elevation of the regulated floodplain, so no other alternative is available nor desirable. 6 7 9. Garfield County June 13,2019 Page 4 Sincerely, Zancanella & Associates, lnc. T,l, 8"0É Timothy P. Beck, P.E TPB/soe Attachments CC: Eric Rudd Lee Leavenworth 10.The rolationship of the proposed use to the Comprehensive Plan for that area. No change in use or zoning is contemplated. \__:_z/ I I t cNtr scü'iççf=¡-¡-{ ({ñr+, .ìL,, \ GENERAL LOCATION MAP BUILOINGS, FILL, ¡S\¡D FLOODPTAIN INFORMATION zMt Æ¿¿a ,M A55b/AÆ WC:-ffi-ññEñ Cáttle Creêk Commorcial Cêntår Wayne Rudd 1 EXISTING HWY 82 FRONTAGE ROAD STING ACCESS/ PAVED AREA EXISTING PAVED ACCESS AROUND EXISTING BUILDINGS PROPOSED ACCESS/ PAVED AREA NoTÉ: Buildings 8, K, and L are not ¡n the regulatorY floodpla¡n' 6015.0 6015.0 c 6015-0 6015.0 6016.56015.8D 6019.66016.8Ë 6016-8F G 6018.0H 6021-6 602 1-8 8u¡lding Elevet¡on J ROAD 113 /1 II --r.---| \----ì-ttt ---_\t III It\ttr--- I ,, Ttt{,\,, o) ! ¡ \ ,i \ o N I I III'I \ \--.-_-'A T,,, \ /\ I GRÀPHIC SCALE t\t It-t- I1I', s \\ --,(tr{rrEr) 1 bch = 1Oo lL..- - \'.--B 'a,\ : I ì II \ ., ,\S1 s17 I ¡,\:\\ ä"\.t \ 07-v I\,,1OO YEAR FLOW SURFACE ELEVATION I I \ LAIN BOUNDARY (TYP.) BOUNDARY (TYP.) ( ì o I I I I I I I I CATTLE CREEK SHADING SHOWS APPROXIMATE -*l::STREAM BANKS AREA WHERE FILL HAS BEEN PLACE \_-- 1 Cattle Creek Commercial Center Wayne Rudd GENERAL LOCATION MAP BUILDINGS, FILL, AND FLOODPLAIN INFORMATION SHEET 10F1SCALE: NOTED DATE: 02 MAY 2019 SHEEÏ NO. 1 TPB TPBTPB1)6.19.20'l REVISE BLDG ELEVS AND TABLE PROJECT: 974O4.O1 A/UD ASSOC/A 945-5700 POST OFFTCE 80X 1906 - 1005 COOPER GLENWOO0 SPR|NGS, COLOR^OO 41602 APPD BY: fAz PLAN NO, FLOOD2... DRAWN BY: TPB CHKD BY: rAzAPPD BY MADE BY CHKD BYDATEREVISIONREV NO. / I I I \ 6015.0 cc 6015.O 6015-0 D 6015.8 60tb.t E 6016.8 6019.6 F 6016.8 6018.0 G H 602 1.8 6021.6 NoTEi Buildings B, K, and L are not in the regulatory floodpla¡n' Finished F¡¡¡shêdBu¡lding 6018-g 6022.7 Elevatioh F¡nished J UNry ROAD 113 a'l -IIIi\IIt T .--------:\,,I,,{ {l\-| --i -- \t T a o)a N IIIIItI \ \/-\__ --- A \--\-// , \It GRAPH]C SCALE \I I -l- I1 ^ùJo \(NruET) I iÃch = 100 lt \\-S7 I ,t, \,\\S1 7 "z\ \ g t\ \ \t \ \ 07 \,1OO YEAR FLOW \WATER SURFACE ELEVATION LOODPLAIN BOUNDARY (TYP.) LOODWAY BOUNDARY (TYP.) I I a, I l \l \\ APPROXIMATESHADING SHOWS t\ lrr \--- i CATTLE CREEK AREA WHERE FILL HAS BEEN PLACED STREAM BANKS 1 PROPOSS¡ BWDNCT ^ B&DNG: æ Cattle Creek Commercial Center Wayne Rudd GENERAL LOCATION MAP BUILDINGS, FILL, AND FLOODPLAIN INFORMATION DATE: 02 MAY 2019 SHEET I OF1 SCALE: NOTEDI)6.19.201 REVISE BLDG ELEVS AND TABLE TPB TPB TPB SHEET NO. 1 PROJECT: s74O4.O1 CHKD BY: rAz APPD BYi IAZ PLAN NO. FLOOD2...945-5700 ANDZA/VCA/UfllA ASSOC/A /NC POST OFFTCE 80X 190A - 100s COOPER GLENWOOD coLoRADO 41602REVISION MADE BY CHKD BY APPD BY DRAWN BY: TPB REV NO. DAlE CCESS EXHIBITPROPOSEDACCESSiPAVED AREAEXISTING PAVED ACCESSAROUND EXISTINGBUILDINGSPROPOSEDACCESS/PAVED AREAEXISTINGACCESSROADEXISTINGHWY 82FRONTAGEROAD .\,t¡Jltt ., J¡IIII\I\..\9úüßı qc6 ¡¡Prc!a&:1Æa wtÈ Frtr rattt¡twfîwÀitqgqt¡ct gLtlatlsw¡&w(nr1qatx.âi æu¡s* m ì.hIItctcFis*d.*¡l ()ilnrf çtr.(\_---¿G€T€RAL LOCATION MAPBUILDIT{GS. FIIL ¡'{D FLOOÐPI.AINNTRIiAT'IONCreek Comm€rcial CenterWayne Rudd1¡E-E{t \Or .tIIIIz6zIaìô-2ã-cL4ô7o4oa]oo5Uìo4m,[ .-\\ /Ó)I\Il/Ê8,-¡(I\.-------/---------+tIsoøtïoI\ì,III),: (tIItIt4----'11-tIItIIi..j..ôôa60lai--r:'-a1;ia,tIç g¡ 3 t..* t1 GIenn Hartmann From: Sent: To: Subject: Tim Beck <tbeck@za-engineering.com> Monday, June 1"0, 2019 5:03 PM Glenn Hartmann lExternall RE: Rudd Cattle Creek Floodplain Permit The proposed finished floor elevation is L.7 feet above the floodplain elevation. The existing elevation is 60L6 +/- and will need to be filled additionally for grading and drainage purposes. I still don't see the issue. Give me a call if this doesn't answer the question. T^ 8*ê Timothy P. Beck, P.E. tbeck@za-engineeri ng.com From: G len n Ha rtma n n <gha rtma n n @ga rfield-cou nty.com > Sent: Monday, June LO,2OLg 3:30 PM To: Tim Beck <tbeck@za-engineering.com> Subject: RE: Rudd Cattle Creek Floodplain Permit Hi Tim: What we were looking for was a determination of the floodplain elevation at the Building D site (as it lies between 60L4 and 6016 on your site plan). lt sounds like you've got the minimum finished floor elevation nailed down, just looking to confirm that ¡t is L ft. above at the site. I think it is the only building that is even close. Hope that clarification helps. Thanks. Glenn. Glenn Hartmann, Principal Planner Garfield County Community Development 970-945-1377 xI57O gha rtma n n @ga rfie ld-co u ntv.com From: Tim Beck Imailto :tbeck@za-engineering.com] Sent: Monday, June LO,2AI9 2:59 PM To: Glenn Hartma nn <ghartma nn @ga rfield-countv.com> Cc: Eric Rudd <eric@ruddconstruction.com>; lel lellaw.net <lel@lellaw.net>; Michael Erion <merion(o resource- eng.com> Subject: [External] RE: Rudd Cattle Creek Floodplain Permit Glenn, l'm not sure what you are asking in the last paragraph in your email below. However, I checked (interpolated) the minimum finish floor elevation two different ways and came up with a minimum finish floor elevation of 6015.8 both ways. The proposed finished floor of Building D is (per the plans) 6016.5 - so I don't see an issue. Did I answer the right question? Or did you mean something else? T^ 8*ê Timothy P. Beck, P.E. tbeck@za-engineering.com From: Glenn Hartmann <ghartma nn@garfield-countv.com> Sent: friday, June 7,20L9 3:09 PM To:TimBeckctbec_k@z?_:enein_e_e-.r¡.n9.ç_o,tn> Cc: lel lellaw.net <lel@lellaw.net>; Michael Erion <merion@resource-eng.com> Subject: Rudd Cattle Creek Floodplain Permit Hi Tim: Thanks for going over some details this morning by phone. l've attached below a quick summary of topics we covered. Please include the proposed finished floor elevations on your site plan for all the buildings. lnformation on buildings A and D were shown on the original submittal but if they along with the other three proposed buildings C, AA and CC could be shown on the site plan in addition to the existing buildings that were are already shown that would be great. Also it there is additional information that is easy to include on the site plan, such as the access driveways and property lines that would be most helpful. Please include a qLrick reference table/chart of all the building and their required elevations. lt will greatly facilitate future building permit review and allow us to include the table/chart as an exhibit. We discussed your confirming that the access driveway and circulation areas around the buildings will all be above the 100 year flood elevation. It sounds like you have elevation certificates prepared for the existing buildings. lf they are available please copy us in on them. Also if you have some language or representation that you can make regarding the submittal of the LOMR Application and anticipated timing for completion that would be great. One last item that we didn't discuss is the elevation for Building D. lt is located between two cross sections (6014 and 6016) and has a finished floor elevation of 6016.5. As these numbers are much closer than other buildings, if you can take a look at that section and confirm the floodplain elevation and minimum finished floor elevation for that site that would be most helpful. Thanks again for clarifliing the above topics. Glenn. Glenn Hartmann, Principal Planner Garfield County Community Development 97O-945-t377 x157O gha rtmann @garfield-countv.com 2 Glenn Hartmann From: Sent: To: Cc: Subject: Glenn Hartmann Friday, June 07, 2019 3:09 PM 'Tim Beck' 'lel lellaw.net'; 'Michael Erion' Rudd Cattle Creek Floodplain Permit Hi Tim: Thanks for going over some details this morning by phone. l've attached below a quick summary of topics we covered. Please include the proposed finished floor elevations on your site plan for all the buildings. lnformation on buildings A and D were shown on the original submittal but if they along with the other three proposed buildings C, AA and CC could be shown on the site plan in addition to the existing buildings that were are already shown that would be great. Also if there is additional information that is easy to include on the site plan, such as the access driveways and property lines that would be most helpful. Please include a quick reference table/chart of all the building and their required elevations. lt will greatly facilitate future building permit review and allow us to include the table/chart as an exhibit. We discussed your confirming that the access driveway and circulation areas around the buildings will all be above the 1-00 year flood elevation. It sounds like you have elevation certificates prepared for the existing buildings. lf they are available please copy us in on them. Also if you have some language or representation that you can make regarding the submittalof the LOMR Application and anticipated timing for completion that would be great. One last item that we didn't discuss is the elevation for Building D. lt is located between two cross sections (601-4 and 6016) and has a finished floor elevation of 6016.5. As these numbers are much closer than other buildings, if you can take a look at that section and confirm the floodplain elevation and minimum finished floor elevation for that site that would be most helpful. Thanks again for clarifying the above topics. Glenn Glenn Hartmann, Principal Planner Ga rfield County Comm unity Development 970-945-1377 xL57O ghartmann @ga rfield-county.com 1 Glenn Hartmann From: Sent: lo: Cc: Subject: Tim Beck <tbeck@za-engíneering.com> Thursday, May 23,2019 L0:44 AM Glenn Hartmann; Er:ic Rudd; lel lellaw.net Michael Erion lExternall RE: Rudd Floodplain Permit Clarification I have been working on the LOMR and expect to have a submittal ready to go to FEMA within a few weeks T^ 8*l Timothy P. Beck, P.E. tbeck@za-engineering.com From: G len n Ha rtma nn <gha rtma nn @ga rfield-county.com > Sent: Wednesday, May 22,2OL9 5:L7 PM To: Eric Rudd <eric@ruddconstruction.com>; lel lellaw.net <lel@lellaw.net>; T¡m Beck <tbeck@za-engineering.com> Cc: Michael Erion <merion@resource-eng.com> Subject: Rudd Floodplain Permit Clarification Hi Eric, Lee, and Tim Thanks for the supplemental materials. l'll be reviewing them in conjunction with Michael Erion this week. Based on my latest meeting with the County Attorney's Office and Sheryl Bower, it looks like we'll be able to process the approval of your request through a Director's Decision that will expedite the process. As a follow-up question, are you still considering doing the Letter of Map Revision (LOMR) and if so what time frame do you think you'd need to complete that process? The Director's Decision may be an opportunity to add some clarification on that issue also. Thanks again. Glenn. Glenn Hartmann, Principal Planner Ga rfield County Community Development 970-945-1377 xL57O gha rtma n n (ôga rfie ld-countv.com 1 GIenn Hartmann From: Sent: To: Cc: Subject: Attachments: Eric Rudd <eric@ruddconstruction.com> Monday, May 20,2019 7:45 AM Glenn Hartmann; lel lellaw.net; Tim Beck Michael Erion lExternal Emaill RE:Cattle Creek Floodplain Permit !LOOD2_L_26884_031-l--Layoutl.pdf; Form - Payment Agreement (002) - Copy.pdf; UTIL PLAN.pdf; County floodplain letter follow up -- 05.02.2019.pdf Glenn, Please see attached documents Thanks, Eric From: G lenn Hartmann <ghartma nn@garfield-county.com> Sent: Tuesday, April 30, 20L9 5:32 PM To: lel lellaw.net <lel@lellaw.net>; Tim Beck <tbeck@za-engineering.com>; Eric Rudd <eric@ruddconstruction.com> Cc: Michael Erion <merion@resource-eng.com> Subject: Cattle Creek Floodplain Permit Hi Lee, Tim, and Eric: I have met with Michael Erion to go over your submittals. We concluded that some additional information was needed to facilitate the review. Hopefully it is all pretty straightforward and easy to supplement into your application. / t/- V The submittal should include a quick summary outlining compliance with the current Land Use and Development Code Floodplain Permitting review criteria in Section 4-tO9. They are all pretty descriptive in nature and in some cases your responses can simply indicate they are not applicable as appropriate. Having your representations of compliance, provides strong support for approving the amendment. The overall site plan needs some additional information. ln addition to the currently proposed buildings, please add the general location of the buildings already constructed based on the originalfloodplain resolution. The area of fill is shown but perhaps could be more clearly highlighted. Adding the floodplain elevations/cross sections would be an important inclusion that would support the engineering letter representations. Elevations for the existing buildings should be included on the site plan as they are for the proposed buildings. Even if the elevation certificates haven't been completed information on the elevations will be most helpful. The location of the OWTS should be shown on the site plan. Thanks for including Attachment 5 on the OWTS design. I have a meeting with the County Attorney's Office tomorrow and I will pass along any additional requests that they may have. As a minor detail, the attached agreement to pay form should also be provided. lf it is helpful for Tim to speak directly with Michael Erion for any clarifications that is an option available to v 1 w/ ,o' I have good availability this week to meet to answer any questions and wrap up any final details. One additional question, is it still your long term plans/intent to complete a Letter of Map Revision to take the property out of the floodplain? 1 Unfortunately we are already past the Board's packet deadline for next Monday. The Board is revising their May calendar and I will let you know as soon as I can confirm the next available date. l'll plan on talking with you this week. Thanks very much for the details that you have already provided. Glenn. Glenn Hartmann, Frincipal Planner Garfield County Community Development 97O-945-L377 xL57O gha rtm a n n @ga rfie ld-co u ntv.co m 2 COLORADO=:<DAEGENERAL LOCATION MAPBUILDINGS, FILL, ÀND FLOODPLAININFORMATIONCattle Creek CommercialWayne RuddlAZo22019NOEO{@2,.,113,b.tJt-\I6ItI\IIItII\-----lCRÂPIIIC SCIE'hti=j-¡-i\II,r1..__/l\.ùé'(û@)IJ5BOUNDARY (IYP.)frYP.)III5HAÐINGSHOWsCREEKBANKS\_--IItII$Éf No.1 SITE & DRAINAGE PLANNWAREACattle Creek Commercial CenterWayne Rudd1LILOCATION MAPN.T.S.BLDGS$Ç,\i.tf t- -_l1..'ruPROPOSED ASPHALTIC PAVEMENIÊXISTING ÆPHruTIC PAVEMENIPROPOSED DRAINAGE DIRECTION+^.:::i:]::]:(ROOF PTTCH D|RECT|ON lF |NSìDE BLOG.)PROPOSED CONCRETE /CONCRETE DRAINAGE PANNOTES :1. SE! ARCtsITECIUML DMWNGS FOR BUILDING FINISH FLOOR ELEVAT¡ONS,2, FIELDVERIryALL UTIL¡ry LOCATIONS AND CONNECTIONS.3, THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOÍED BASED ON UTILIry MÀPs,CONSTRUCTION/DESIGN PLANS, OTHER INFORMAÍION PROVIDED 8Y UTILIW COMPANIES, AND ACTUALFIELD LOCAT¡ONs IN SOME INSÍANCES.THESE UÍILITIES, AS SHOW, MAY NOT REPRESENT ACTUAI FIELDCONDITIONS, IT IS THE RESPONSIEILITY OF THE CONÍMOORTO CONTACI ALL UflLIry COMPANIES FORFIELD LOCATION OF UTILITIES PRIORTO CONSTRUCTION.>t?'\Sco e in Êeet P.O. Box 19OB 1011 Grand Avenue Glenwood Sprlngs, co 81602 (e7o) s45-57oo (97o) 945-1253 Fax ZaxcaxetLrr .lîtlr, Aggoqa¡es, nc. Érr<nrr gmrr{6 (or{su LTAJtrg May 2,2019 Glenn Hartman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Via email to: qhartmann@qarfield-countv.com Re: Cattle Creek Gommercial Genter Building Permit Application and Related Floodplain Mr. Hartman This letter is to respond to your email of April 30, 2019. As noted in our previous letter, in 1999 our Client filed for a special use permit to place fill on its property in the floodplain of Cattle Creek pursuant to GCLUC Section 4-109. The purpose of the fill was to provide a "platform" to enable the construction of buildings on the property such that normal building construction and drainage considerations would easily result in the finished floor elevation of any subsequently constructed building to be at least one foot above the appropriate floodplain elevation. By Resolution number 99-114, the Board of County Commissioners approved the special use permit, subject to certain conditions. A discussion of those conditions was included in our previous letter of January 15,2019. This letter includes a discussion of the items included in GCLUC Section 4-109, as requested. The specific items from that section follow: IGCLUC Section 4-1091 A. Review Criteria. A Floodplain Development Permit may be issued by the Director or designated Floodplain Administrator if it is found that the application is in conformance with section 3-301, Floodplain Overlay Regulations, and upon weighing the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; The danger to life and property due to flooding or erosion damage has been mitigated by filling the area in question to an elevation above the regulated floodplain elevation. Srnce the area in question is filled to an elevation above the regulated floodplain, floodwaters should be constrained to travel within the floodway. That is the purpose of the regulated floodway, to maintain an unobstructed channel area sufficient to convey the regulated flood. 2.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individualowner; The purpose of elevating the area in question above the elevation of the regulated floodplain rs fo rarse the improvements placed on the higher elevation above the influence of floodwaters. 3.The danger that materials may be swept onto other lands to the injury of others; Again, raising the developed area above the level of the regulated floodplain will prevent stored materialsfrom being swept away during flood events. 4.The compatibility of the proposed use with existing and anticipated development; The currently proposed buildings are a continuation of the existing development and are thus compatible with the existing and antici pated develop ment. 5.The safety of access to the property in times of flood for ordinary and emergency vehicles; Ihe access to the property is not within the regulated floodplain so no change rn access or safety of access is expected in times of flood. 7 6.The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems; All utilities except electricity are privately provided by the existing development. The electrical seruice is on poles overhead, so no disturbance would be expected to the electrical seruice provided by the locat electricat utitity. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Again, since the area in question is elevated above the floodway area normally affected by floodwaters, the area is not expected to ex p e ri e n ce d etri m e nt al effe ct s f ro m f I oodw ate rs. 8. The necessity to the facility of a waterfront location, where applicable; Not applicable The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and The area in question has already been raised above the elevation of the regulated floodplain, so no other alternative is available nor desirable. 10.The relationship of the proposed use to the Comprehensive Plan for that area. No change in use or zoning is contemplated 9. Sincerely, Zancanella & Associates, lnc. T,io 8"ol Timothy P. Beck, P.E TPB/soe Attachments CC: Eric Rudd Garfield County PAYMENT AGREEMENT FORM GARFI E LD CO U NTY ("COU NTY") a nd P roperty Owner ("APPLICANÏ ) CCC-B LLLP agree as follows: L. The Bui Applicant has subm ldinq Permits itted to the County an application for the following Project: 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because ofthe size, nature or scope ofthe proposed project, it is not possible at this t¡me to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consult¡ng service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land' I hereby agree to pay all fees related to this application: Billing Contact Person Eric Rudd phone:(970 )379-9263 Billing Contact Address 132 Park Ave City:Basalt state: CO Zip code 81621 Billing Contact Email:eric@ ruddconstruction. com Printed Name of Person Authorized to Sign Eric Rudd (Signature)(Date) Itl I u rr il ¡tll' i,T H I I lll' !h,t!l il F'i { kl, tr't5 I'i f hi' I ll I Receotlon$: 9'øA261 o6121'i'2ø1A 08:26:36 ÂM Jean Albenicoi-àî-al-ñé¿ Fãe:S23.øØ Doc Fee:@'@0 GnRFIELD C0UNTY co QuIr Cr-,Rrvr Dnno T¡ls Qulr CLATM DEED, made this 15Ï day of l-\..J.o tO . betweenWAYNE RUDD, as to his fifry-percenttenant-in-common interestand SUSAN J, RIIDD as to her fifty-percenttenant-tn- common interestof theCountyofQarfieldand Stateof Colorado(togetherthe"Grantof'), and CCC-BLLLP,a Colorado linlited liability limited partnership, wlrose legaladdress is 0132 Park Avenue, Basalt, Colorado, County of Eagle and State of Colorado (Crantee). W¡TNESSETH, that the Crantor, for and in consideration ofthe sum ofTen and 00/100ths Dollars ($ 10.00) and other good and valuable consideration, tlte receipt and sufficiency of which is hereby acknowledged, has rernised, released, sold, conveyed and quit claimed, and by tltese presents, does hereby remise, release, sell, conveyandquitclairnuntotheCrantee, itsheirs,successorsandassignsforever,alltherighf,title,interest,claim and dernand wtrich rhe Grantor has in and to the water rights and irtterests, including tltose interests, without limitatio¡, set fonh on EXIIIBIT A as referred to belorv, as well as all well rights and permitg together with improvements, if any, situate, presently or historicallyused upon or appurtenant to the real property being in the said Counry ofGarfìeld and State olColorado described as follows: See "Exhibit A" attached hereto and incorporated herein' TOCETHER with any and all mineral estate interest, if any, owned by Grantor and appurtenant to the abovedescribed real propefy. To HAvE ANo To HOln the same, together with all and singular fhe appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim r,vhatsoever, of the Grantor, either in law or equify, to the only proper use, benefit and behoofofthe Grantee, its successorsandassignsforever, Thesingular¡lu¡lbershallincludetheplural,thepluralandthesingular,andthe use ofany gender shall be applicable to all genders. IN WITNESS WHEREoF, thc Grantor has executcd this Quit Claim on the date set forth above. D C,-'"^ SUSAN J. RUDD STATE OF COLORADO couNrY or ßneÇi ¿\ & SS ) ) ) The ing document rvas acknowledged before me this t*-day of ayne Rudd as the tenant-i¡l-common owner thereof res: ùf\o-.- \. ACIS \omcialt*t. t\ {\r,*0 My commission expi Witness my ha'rd and q VAG. STATE NOTARY YSALL GË B N EUR T{OTARY P UBLIC OF COLORADO DI #198742s812s Comn¡iss lon 1 202'l Notary Public lll I li,rt¡I!ilil tt il¡{ Êf f I ilit il tl{l ù¡i l[,+J[¡tl h I l¡ [rl' ll ll I Receotion$ : 908261 Id':lZ'l!z"rE;?8¡31'â*0"¿'ÊË"1å:åã'EBnr,rrocouNTyco STATE OF COLORAÐO COUNTY OF nbR The above and fo ) ) ) ss i P-\ôI regoing document was acknowledged before me this (5{É day of âorf , by Susan J. Rudd as the tenant-in-common o\rytler thereof, My comnrission expires:( Witness my hand and officialseal. ß Notary Public SALLY GEIB VAGNEUR NO-¡ARY PUBLIC STATË OF COLORADO N OTARY ID #19û74208029 My ûornmission 2t21I'l lll lll¡rllilif ' illì{t{ lT',r'l¡i+ li fl Hirll ¡iJillll}il hl ll ll I Receotion*:908261 åqiZàR-:3 Ê:¿l8åå1o8no"i'Ê3"1å?3âi33*"',-o couNTy co EXHÏEIT A À TRACT OF LÀND SITUÀTED rN IIIE NORTIIEAST QUÀRTER OF SECÎION L8 À¡ID TIIE souTHEAsT QUÀRTER OF SECTION ?, TO$INSSXP 7 SOUTH, RÀN€E BB WESS OF ÎIIE SIXTII p.¡f., 6ARFIELD COI;NTY, COúORÀDO, EEING MORE PÀRTICUI¡ÀRI¡Y DESCRIBED ÂS FOLÉOWS: BEGINNING ÀT A POINT ON THE EAST LINE OF THÀT ÎRACT AS DESCRXBEÐ IN DOCIJ¡TENT RECORDED IN BOOK 832 AT TÀGE ?89 OF TIIE RECORDS OF SAXD COI'NTY FROM ITIIIC¡I T¡IE NORrIIEAST CORNEA, OF SATD SECTTON ].8 BEARS N, 08 DEGREES XOI 50tr E. À DISÍÀNCE oF 1335_28 FEET, SAID NOR?HEAST coRNER BEING I{oNITMENTED ¡TITII A STÀNDÀRD ¡TONUìIENÎ BE]ARING À GÀRFIEI¿D COI'NTY SÜRVEÍqR BRASS CAP; THEN AI,ONG SÀID EASf I¡INE N. OO DEGREES OOI OOf E. A DÍSTÀNCE OF 1063.86 1O THE CENTERTINE Otr CÀTTLE CREDK, THEN ÀT,ONG lfHE CENTEP.I,f,ÌTE 05 SÀTÐ EREER THE ?OI,LO'dING 40 COURSDS' NORI'I¡ 49 DEGREES 59I 17N WEST A DTSTÀNCE OF 97.?O ¡'EET' NORgTI 64 DEGREES 251 44\ WEST A DI,STÀNCE OF 20.66 FSET; NORTII 08 NORT¡I 56 SOUTE 74 NORÎX 46 NORT¡¡ O8 NORT¡I 57 NORTE 47 NORTH 1"9 NORTH 30 souÎH 86 solIrE 76 soutr¡ 81 NORTII 55 NORTII 07 sourE 73 NORT¡T 83 NORTII 59 saur$ 7g souTE 35 soul¡¡ 67 sour¡¡ 24 SOUTII 82 DEGREES DEGEEES DEGREES DESREES DEçREES DDGREES DEGNEES DECREES DECREES DEGREES DEGREES DEGREEg DEGRNES DEGREES DEGREES DEGREES DEGNEES DEERÉES DEGREES DEôREES DE€REES ÐEGREES 48.1.2 FEETT 418.79 FEET: 65.34 FEEÎ; 50,05 FEET, 74.01 AEET, 23 .63 FEET; 93.52 FEET; 64.07 BEET, 5]..37 FEET, 38.42 FEET; L39.L5 FEE?; 32.22 ÊEET¡ 51.66 FEET; 79.24 EDEE¡ 63.9L FEET¡ 29.33 PEET; tlB I 461 46r 26tr 05r 3gr 16' 40r 261 231 40r 5Lr EO t L2l a4l AII 421 54r 441 251 19il 23r 19il 45n 58tr 34tr 08" 190 tttl 38il 14s 10r 45il 42tt 26tl itù 30tr 42I 50tr 47r 35r EÀST À DISTÀNCE OF ftEsT .à ÐTSTANCE Ot WEST À DISTANCE OE WEST À DTST¡INCE OF EÀST Ã DISTANCE OF WEST À DISTJWCE OF VISST À DIST¡WCE OF EAST A DISI¡WCE OF I{EST A DIST¡WCE OF WEST À DIST]\NCE OF WEST À DISIJ\NCE OF wEsr À DxsfANcE or ¡.IEST A DISjr,¡TNCE OF ¡CEST À DTST¡\NCE OF !{EST À DISTÀNCE OF T{EsT .A DXST]\NCE OF ÍIEST À DIST.¡INCE OF WEST À DIST.ANCE OF WEST .A DIST.ANCE OF EåST A DTSAJ\NCE OP WEST A DIS?A}ICE OF WESA A DIST¡I¡{CE OF 9-66 FEET; 1.92 FEETT 9.96 FEEÍ; 8.61 rEET; IO FEET, 44 FEET; 53 FEET; 72 FEET¡ SOUTH 48 ÐEGREES 261 42T !{EST À DTST¡\NCE OF 94 NORTH 66 DEGREES 5O' 2OI WEST A I]ISTANEE OF 51 37 DE€REES 44 DEGREES 70 DEGREES 8{ DEGREES 85 ÐEGREES 01 DEGREES 48 DEGREES NORT¡I 34 DEGREES 51t 25'' !¡¡EST ]I DTSTÀNCE OF {2'96 FEET; NORTH 54 DEGREES 12t O4II EAST À DISTÀNCE OF 45.85 AEEf; NORIIT 71 DEGREES 49I 1?II I'¡EST À DISTÀNCE OF {9.94 FEET; SOUT¡¡ 22 DEGREES O].f 42U WEST À DISTÀ¡ÍCE OF 50.48 FEET; SOUT¡¡ 81 DEGREES 08' 13II WEST À DISTÀNCE OF 52.38 FEET; SOUTI{ 65 DE€BEES 59t 3OI T'¡EST À DISTANCE OF 75.82 FEET; NORTII 34 ÐEGREES 041 36rr !!EST À DISTÀNCE OF 33'50 FEET¡ l¡ORT¡r 51 DEGREES 48r 45rr EAST Ã DISÍÀNCE OE 42'73 EEET¡ NORTH O:. DE0REES 3].t 02fl E:AST A DISTANCE OF 115.53 FEET' SOUTH 82 DEGREES 24t 26r WEST A DISTÀNCE OF 90'53 FEEï¡ NORÍTI 47 D!]GREES 26I 06T }IEST A DISTÀNCE OT 88'64 FEiET' NORTH 87 DEGREËS 5?I 07il WEST À ÐISTÀNCE OF 140.64 FEET' NORTH 65 DEGREES 3OI 17I WEST A DISTÀNCE O8 ].08.14 FEET; NORT¡T 8? DEGREES 23' 4'1If WEST À IIISTANCE OF 50.37 FEET TO TNTERSECT 1TIE EASTERITY RIGI¡T OÊ WAY OF CoLOFADO STÀTÞ HtrGHI{Àv Nu¡'IaER 82' .I¡IEN.ã,r¡oNG SAID RIcB1j oF wÀy 7a4.L7 rEET A-!oNÉ THE ÀRc oE A cuRva To'rÈE LI¡FT ¡{ÀvxNe A RÀDIUS OF 11320.00 FEET, À CENT&AL ÀNCLE OF 03 DEGREES 33r 53tr AND À IJONG EgORD Í{HICE EEARS S' 09 DÊGREES 32' 1?S E, A DIST¡NCE OT ?04.17 FEET' T¡IEN DEÞARTING SÀID RIGHT OF WÀYN. ?O DEGREES 51I 36il E. À DTSTå¡ICE OF 2']"]. FEEÍ; TI¡EN N. T¡IEII¡ N. T¡IEN N. TTIEN N, rI¡EN s. THEN S, fHEt{ s. BEGINNING COU¡iryT OF GARFIEI,D STÀTE OF COI,O&ADO 5?r 5?r E. À ÐrsT.a¡¡cE oF 103'90 FEET; zl"t 02il s. A DISTA$CE OE 55.33 FEET¡ 34' 54tr E, A DISTANCE OE 59.23 FEET¡ 34t 49il E. À DISTANCE OF 82-77 FEET; 58' 10r E. À DISTÀNCE OF 61.60 FEET¡ 05r 54r W. À ÐfSTåNcE OE 147.03 IEET¡ 34I 21tr E. À DISTÀNCE OF 15].1.45 FEET TO T}IE POINT OF 1 SHEET NO. PROJECT: 974o4.O1 \l LOCATION MAP N.T.S fÈ} \ ED ING: D oÑfLÉ CKRO ING FINISH FLOOR ELEVATIONS. NECTIONS. PROPOSED BLDGS X IES HAVE BEEN PLOfiED BASED ON UTILITY MAPS, .ORMATION PROVIDED BY UTILITY COMPANIES, AND ACTUAL 4s¡ urures, AS sHowN, MAy Nor REpRESENT AcruAL FIELD tHe co¡lrmcroR To coNTAcr ALL urtLtrY coMPANIES FoR ) FABRIC UNDERLAY ilAtNTAtN ls'lO 20' LENGft OF GRASSY RUNOUT AREA E'-12" RIPRAP sLoPE w/ MAINIAIN 1O'MIN. CEAR ROM ISDS AREA Cattle Creek Commercial Center Wayne Rudd ZA/VCA/U.LLA A/UD A.TSOC/A ff, /NC F/vc/NffR//VG CONSUI rA N fS Scole in Feet POST OFFCE BOX 190a - 1005 cLENWOOO ÂWNUE coLoRADO 81602 945-5700 GRAPHIC SCALE (NFBET) I iDch = 100 tLI )- t/ AR FLOW I SURFACE ELEVATION DPLAIN BOUNDARY (TYP.) BOUNDARY (WP.) COLORADO HIGHWAY CATTLE CREEK BANKS L ñ Cattle Creek Commercial Center Wayne Rudd 1 .SHEET NO. PROJECT: 97404.01 , ZANCA/U4LLA AND ASSOC/A r , - T/VC//VEER/NG CO/VSUI fANfS POST OFFTCE 80X 190A - 1005 AWNUE GLÊNMOD coloRÂoo a1602 945-5700 P,O. Box 1908 1011 Grand Avenue Glenwood Sprlngs' co 8f602 (9701 e45-57O0 (97o) 945-1253 Fax Zancarrl;L¿ AîtD Agsoctaw. n<. Énoil ggRrr{6 (or{su t;ÍA¡ttg May 2,2019 Glenn Hartman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Via email to: Re: Cattle Greek Commercial Center Building Permit Application and Related Floodplain Mr. Hartman This letter is to respond to your email of April 30, 2019. As noted in our previous letter, in 1999 our Client filed for a special use permit to place fill on its property in the floodplain of Cattle Creek pursuant to GCLUC Section 4-109. The purpose of the fill was to provide a "platform" to enable the construction of buildings on the property such that normal building construction and drainage considerations would easily result in the finished floor elevation of any subsequently constructed building to be at least one foot above the appropriate floodplain elevation. By Resolution number 99-114, the Board of County Commissioners approved the special use permit, subject to certain conditions. A discussion of those conditions was included in our previous letter of January 15,2019. This letter includes a discussion of the items included in GCLUC Section 4-109, as requested. The specific items from that section follow: IGCLUC Section 4-1091 A. Review Criteria. A Floodplain Development Permit may be issued by the Director or designated Floodplain Administrator if it is found that the application is in conformance with section 3-301, Floodplain Overlay Regulations, and upon weighing the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; The danger to life and property due to flooding or erosion damage has been mitigated by filling the area in question to an elevation above the regulated floodplain elevation. Srnce the area in question is filled to an elevation above the regulated floodplain, floodwaters should be constrained to travel within the floodway. That is the purpose of the regulated floodway, to maintain an unobstructed channel area sufficient to convey the regulated flood. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individualowner; The purpose of elevating the area in question above the elevation of the regulated floodplain rs fo rarse the improvements placed on the higher elevation above the influence of floodwaters. The dangerthat materials may be swept onto other lands to the injury of others; Again, raising the developed area above the level of the regulated floodplain will prevent sfored mateials from being swept away during flood events. The compatibility of the proposed use with existing and anticipated development; The currently proposed buildings are a continuation of the existing development and are thus compatible with the existing and antici pated develop me nt. 5.The safety of access to the property in times of flood for ordinary and emergency vehicles; Ihe access to the property is not within the regulated floodplain so no change rn access or safety of access is expected in times of flood. 2 3 4 6 The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems; All utilities except electricity are privately provided by the existing development. The electrical seruice is on poles overhead, so no disturbance would be expected to the electrical service provided by the local electrical utility. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Again, since the area in question is elevated above the floodway area normally affected by floodwaters, the area is not expected to ex pe ri e n ce d et ri m e nta I effect s f ro m f I oodw ate rs. B. The necessity to the facility of a waterfront location, where applicable; Not applicable. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and The area in question has already been raised above the elevation of the regulated floodplain, so no other alternative is available nor desirable. The relationship of the proposed use to the Comprehensive Plan for that area. 7 9. 10. No change in use or zoning is contemplated. Sincerely, Zancanella & Associates, lnc. T,n &uoÉ Timothy P. Beck, P.E TPB/soe Attachments CC: Eric Rudd GRAPHIC SCAI,E È ( IN FIET ) 1 inch = too lt l7 \R FLOW SURFACE ELEVATION '----+LOODPLATN BOU N DARY (TYP.) LOODWAY BOUNDARY (TYP.) COLORADO HIGHWAY CATTLE CREEK STREAM BANKS I¡- Cattle Creek Commercial Center Wayne Rudd 1 SHEET NO. PROJECT: 97404.01 ZANCA/ufllA A/UD A.S.îOC/A rfî /NC POST OFFICE BOX 1gO8 . 1OO5 COOPER AWNUE cûoR^Do 41602 945-5700 1 SHEET NO. PROJECT: 974O+.O1 t\t3itlt lt? 1 a4? t ^tall LOCATION MAP N.T.S NG FINISH FLOOR ELEVATIONS. CAffLE CKRO s. PROPOS HAVE BEEN PLOTTED BASED ON UTILITY MAPS, BLDGS )RIVATION PROVIDED BY UTILIW CO¡4PANIES, AND ACTUAL ;E UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD HE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR MAINTAIN 15,fO 20' LENGft OF GRASSY RUNOUT AREA 8._I2'RIPRAP MAINTNN 10,MIN. CLEAR FROM ISDS AREA X Cattle Creek Commercial Center Wayne Rudd ZA/VCA/V|LLA ANO ASSOC/A ffî //VC POST OFFICE BOX 1908 _ 1OO5 COOPER AWNUE Scole in Feet GLENMOO coLoRADO 81602 94s-5700 Gurfteld County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")CCC-B LLLP agree as follows 1.The Applicant Building Pe has submitted to the County an application for the following Project: rmits 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope ofthe proposed project, it is not possible at this t¡me to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person Eric Rudd Phone: ( 970 )379-9263 Billing Contact Address:132 Park Ave City:Basalt state: CO Zip code:81621 Billing Contact Email eric@ruddconstruction. com Printed Name of Person Authorized to Sign:Eric Rudd (Signature)(Date) Glenn Hartmann Sent: To: Cc: From:Lee Leavenworth < lel@lellaw.net> Monday, January 28,20L9 9:20 AM Glenn Hartmann; merion@ resource-eng.com 'Tim Beck';'Eric Rudd' Cattle Creek Commercial Center Building Permits Glenn and Michael I have an idea as to how to resolve the building permit issue we discussed yesterday at the County's offices. I think this would satisfy your desire to maintain compliance with FEMA requirements and our desire to have building permits íssued promptly, consistent with the requirements of Resolution No. 99-tl4' My idea is for Glenn to issue a formal "Record of Decision" regarding the two building permits pursuant to the terms and conditions set forth in Resolution No. 99-114. The ROD would recite and include: L That Glenn is acting as the Floodplain Administrator. 2 That the County received two building permit applications that were determined to be in the designated FEMA floodplain but also in the area covered by the Flood Plain Special Use Permit approved by the BoCC that culminated in Res. 99-114' 3 That Reso requires compliance with certain conditions for all new construction in the fill area. That condition 3(D) requires the Floodplain Administer to review information submitted by the applicant to determine and find compliance (or lack of) with the stated conditions in the Reso. 4 That the Applicant submitted information for the purpose of complying with the conditions in the Resolution in the form of a letter report from Tim Beck, PE, of Zancanella and Associates dated January L5,2Ot9' 5 That the Applicant's representative Eric Rudd, Applicant's consultant Loyal Leavenworth and Tim Beck met with the Floodplain Administrator and the County's engineering consultant Michael Erion, PE, of Resource Engineering on January 26,z}tg to further discuss Mr Beck's letter report and the Applicant's compliance with the conditions in Reso 99-LL4. 6 That based on the information provided, you (Glenn), as Floodplain Administrator, find and determine, based on your review of information provided that the Applicant has complied with and satisfied the conditions in ResO 99-LL4. 7 That you find and determine: A. Make a finding regarding condition 3.C(i). B. Etc., making findings regarding conditions 3.D, E and F' The foregoing of course assumes we have provided the info you need to say this. Obviously, this is only an outline and needs more "flesh on these bones." However, if you take this route, I don't see how anyone could say the County was not in compliance with FEMA requ¡rements. This ROD would then be included in the building permit file and the County's file on Reso 99-114. The ROD could also be issued with three conditions: A. The applicant submit finished floor elevation certificates prior to CO for each building; B. The Applicant file and pursue in good faith and with diligence approval of a LOMR-F; C. The Applicant, within say 60 days, submit elevation certificates for the four completed buildings. Subiect: 1 Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326Hvry 133, Suite 270A P.O. Box 1530 Carbondale, CO 81623 Cell: [970) 948-226t 2 GIenn Hartmann From: Sent: To: Cc: Subiect: Attachments: Lee Leavenworth < lel@lellaw.net> Wednesday, January L6,2019 3:15 PM Glenn Hartmann 'Tim Beck'; 'Thomas Zancanella'; 'Eric Rudd' FW: cattle creek commercial center co u nty f ld p I n- bld g perm it letter-O1.1 5. 20L9.pdf Glenn On behalf of Eric Rudd, I reviewed the status of the building permit applications he (through CCC-B LLLP)submitted to Garfield County for two buildings (A and D) at the Cattle Creek Commercial Center. We discovered that the conditions in Garfield County Resolution No. 99-L14, which approved a Special Use Permit, had not been addressed. The attached letter from Tim Beck, P.E., of Zancanella and Associates addresses those conditions. lf you have any questions, feel free to contact me or Tim Beck. Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326Hwy 133, Suite 2704 P.O. Box 1530 Carbondal e, CO B'J,623 Cell: (970) 948-2267 From: Tim Beck [mailto:tbeck@za-engineering'com] Sent: Wednesday, January 16, 2019 10:54 AM To: 'Loyal Leavenworth'; Eric Rudd Subject: cattle creek letter Here is the reduced file size final. T^ 8*l Timothy P. Beck, P.E. tbeck@za-engineeri ng.com Direct: 970.9283422 | Office: 970.945.5700 Zancanella & Associates lnc. I Engineering Consultants 101 1 Grand Avenue I Glenwood Spr¡ngs, CO 81601 1 P.O. Box 1908 '1o11 Grand Avenue Glenwood Sprlngs' co 81602 (97o) e45-57O0 (97O) 9¡15-1253 Fax Zanca¡<nL¿ /711Þ AsEoctatß. t¡.<. 6rrcrr gmr{6 Cor{su tíÍrt¡rßí January 15,2019 Glenn Hartman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Via email to: Re: Cattle Creek Gommercial Genter Building Permit Application Mr. Hartman We are writing on behalf of our client CCC-B LLLP which filed with Garfield County in September 2O18 building permit applications for Buildings A and D at the Cattle Creek Commercial Center. With the information provided in this letter, we believe that the County will be able to immediately process and issue building permits as requested. By way of background, in 1999 our Client filed for a special use permit to place fill on its property in the floodplain of Cattle Creek pursuant to GCLUC Section 4-109. The purpose of the fill was to provide a "platform" to enable the construction of buildings on the propefi such that normal building construction and drainage considerations would easily result in the finished floor elevation of any subsequently constructed building to be at least one foot above the appropriate floodplain elevation. By Resolution number 99-114, the Board of Coun$ Commissioners approved the special use permit, subject to certain conditions. The pending building permit applications are for structures to be located within the defined floodplain for Cattle Creek but situated on land that was filled pursuant to the approved special use permit. Zancanella & Associates, lnc. November 19,2018 Page I z1970OO's\97404 rudd, wayne\97404.0'l ættle creek\2o1 8\county fldpln-bldg pemit letter-o1. 1 5.201 9.doc This letter is to provide documentation to accompany the recent building permit application (dated 07 Sept 2018) and present evidence of meeting the conditions stated in the approval resolution (GarCo Resolution 99-114, Attachment 1). These conditions are are restated and discussed below: 2. The applicant's engineer submit a signed statement with the stamp, certifying that the carrying capacity of Cattle Creek is being maintained. This letterwas submitted by High Country Engineering and dated April 12, 1999. A copy of the letter is provided in Attachment 2. 3. Any new construction on the fill shall meet the following criteria, with an engineered design, with stamped plans: (A) The lowest floor, including basement, of any new or subsfanfially improved building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100 Year Flood. A topographic survey was performed by Sopris Engineering in November of 2007 and the drawing was finalized and stamped in August of 2012 (Attachment 3). This survey shows the area to be occupied by the proposed buildings has an existing ground surface elevation in excess of one foot above the "maximum water elevation of the 100 year flood" (hereafter "floodplain elevation"). ln addition, the lowest design finished floor elevation of the proposed buildings is also in excess of one foot above the floodplain elevation. This survey is still accurate. The fill area has been highlighted in yellow on the survey drawing and the approximate locations of the proposed buildings are shown. The proposed buildings have no basements. The existing ground elevation where the buildings will be constructed varies from 6015.0 to 6016.0, while the corresponding floodplain elevations vary from 6012 to 6014.5 according to the current effective FEMA Flood lnsurance Rate Map (FIRM) for this area. Therefore, any construction placed above the existing ground surface elevation will be at least one foot above the floodplain elevation. See also Attachment 4 which shows the proposed finished floor elevations on the building plans. (B) All new construction or substantial improvements shall be reasonably safe from flooding. As noted in (A) above, the entire area in question has been previously filled to an elevation in excess of one foot above the floodplain elevation. Therefore, it is our opinion that the proposed buildings are "reasonably safe from flooding" in a 100 year flood event. Zancanella & Associates, lnc. November 19,2018 Page 2 2197000's\97404 rudd, wayne\97404.0 1 cattle creekuo'18\county fldpln-bldg pemit letler-o1.1 5.201 9.doc (C) Any new construction or substantial improvement designed for commercial or industrial uses sha// either: (i) Etevate the lowest floor level, including basement, to not less than one (1) foot above the maximum water surtace elevation of the 100 Year Flood; or (ii) Provide ftood-proofing improvements so that below an elevation of one ( 1) foot above the maximum water elevation of the 100 Year Flood, the structure, together with attendant utility and sanitary facilities, is water tight with walls substantially impermeable to the passage of water. Structural components shatt be capabte of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Evidence shall be submitted and certified by a registered professional engineer or architect that the flood proofing met the standards as set forth herein. As noted in the discussion under Condition (A) above, the design (proposed) lowest finished floor elevations are in excess of one foot above the floodplain elevation. Attachment 4 shows the sheets from the plan sets which reference the finished floor elevations. Building A would require a finished floor elevation in excess of 6015, its lowest proposed finished floor elevation is 6020.0. Building D would require a finished floor elevation in excess of 6015.5, its lowest proposed finished floor elevation is 6016.50. (D) Any proposed development shall be reviewed by the Floodplain Administrator to ensure that the potentialfor flood damage by the 100 Year Flood is minimized, that all pubtic utitities and facilities are located, designed and constructed so as to minimize damage by the 100 Year Flood and that adequate drainage is provided to reduce exposure to flood hazards. Since the utilities will be constructed on the existing area which is already raised above the floodplain, their location will minimize damage from flooding. Drainageways are also located on the raised area and outlets are in localized areas away from buildings. (E) All new construction or substantial improvements shall be designed and adequatety anchored to prevent flotation, collapse or lateral movement, be constructed with materials and utility equipment resistant to flood damage, and be constructed by methods that minimize flood damage. Besides the fact that the lowest finished floor elevations of the proposed buildings will be located at least one foot above the floodplain elevation, the main building structural elements are anchored to the concrete foundation. Both of these will make the proposed buildings resistant to flood damage. Zancanella & Associates, lnc. November 19, 2018 Page 3 z:\97000's\97404 rudd, wayne\97404.0 1 câttle creek\2o18\county fdplnóldg pemit letter-o1.1 5.201 9.doc (F) New or replacementwater supply sysfems and sanitary sewage sysfems shall be designed so as to mlnlmlze or ellminate tnfiltration of floodwafers. On-sife individual sewage dtsposa/sysfems shallbe located so as to avoid impairmentof them or contamination from them during a 100 Year Flood. Water supply and sanitary sewage collection systems on the site are composed of standard piping materials which are sealed to prevent the infiltration of floodwaters. ln addition, the onsite wastewater treatment areas are constructed such that the lowest elevation of the filtration media is at an elevation above the floodplain elevation (see Attachment 5 and notes thereon). lf you have any further questions, please call. Sincerely, Zancanella & Associates, lnc. T,¡n fluoé Timothy P. Beck, P.E TPB/soe Attachments CC: Eric Rudd Zancanella & Associates, lnc. November 19, 2018 Page 4 zÌ\97000's\97404 rudd, wayne\97404.01 cattle creek\2o'18\county fldpln-bldg perm¡t letter-o1.,t5.2019.doc rlllllll¡lllllllllllll 55¿tEEt u/æ/r99Clcf{R0.0000. il llil lllll lllll lll lllll llll ll] ùi2zlÉF lll5t F77t ll fl.SD0nF ,fþ o4tl 00 GilFIET¡ ClltlTY 00 ATTACHMENT 1 STATE OF COLORADO County of Garfïeld ) )ss ) At a regular mccting of the Board of County Commissioners for Garfield County, Colorado, held inthe City Councit Chambãrs, Riflc City l{sll, in Riflc on Monday, the lst day ofNovembcr A.D' 1999' therc were preseirt: \ilalt Stowe - r whcn the following proceedings, among others were had and donc, to'wit: RESOLUTION NO.99-11¿ Commission€r Chairman Commissioner Commissioner Cormty Attomey Cletk ofthc Board County Administator A RESOLUTION CONCERNED WTTTI TTIE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT APPLICATION FOR WAYNB RIJDD' WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has rcceived application ûom wayne Rudd, concemed with a Floodplain Special Use Pemrit to allow for the dredge and nii of an area in the regulated floodplain of Cattle Creek; and WHEREAS, the Board held a public hearing on the l2th day of April 1999, upon the question of whether the aUon"-¿cr"rruJ Fbodflaù Special Use Permit should be grantcd or denied, { whioh hearing the public and inærcsteã p"oo* o,åt" given the opportunity to express their opinions regarding the issuanoe of said Special Use Permit; and \ryHEREAS, the Board on the basis of substantial competent evidcnce produced at the aforementioned hearing, has made the following deærmination of fact: l. That propcr publication and pubtic noticæ was provided as rcquired by law for thc hcaring before the Board of County Commissioners' Z. That the hearing before tbc Board of Corurty Commissioners \À/as extensive and complete, tfrat ail pertinenlfacts, matters and issues wcre submitted and that all interested parties were hcard at that hearing' ( r/? d illtlllllllllllllllll ilr[ il¡ll lllll lll lllll llll llll:ß? 811ãE P?77 ]l nLSDof,F MRF¡ELD COUIÍ|Y CO !54838 lttøttrg¿E ø22ol 4R0'm00.00 3 Th¡t the application is in compliance with the Garfield Cormty Zoning Resolution of 1978, as amended. 4. For the above stated aud orther rcasoms, thc prcposed use is in the bcst íntef€st of the health, of"ty, morals, conveniülce, o'rder, procperþ and welfarç ofthe citizens of Ga¡field County' NOW, TIIEREFORE, BE IT RESOL\¡ED by üc Board of County Comrnissioners of Ga¡field County, Colorado, that the floodptain Speciat Use Permit be and hereby is approved to allow for the dredge and fill of an a¡ea in the regulated floodplain of Cattle Creek, tpon the following specific conditions: 1. That all representations ofthe applicanÇ cither within the application or stated { the meeting beforc the Board of County Commissioners, shall be considertd conditions of approval. Z. The applicant's engineer submit a siped statement with the stamp, certifying that the carrying capacity of Cattle Creek is being maintained. 3. Any new construction on the fill shall meet the foltowing criteri4 with an engineered desiga with stampedplans: (A)The lowest flooç includíng basement, of any new or substantially improved building designed for residential occnpancy sh¿ll not be less than one (l) foot above the nardmum water elevation of the 100 Year Flood' (B) All new construction or substantial improvements shall be reasonably safe from flooding. (C) Any new construction or substantial improvement desigrred for commercial or industrial uses shall either: (Ð (iÐ Elevate the lowest floor level, including basemenÇ to not less than one (1) foot above the mæ<imrun water surface elevation of the 100 Ycar Flood; or Provide flood-proofing improvements so that below an elevation of one (l) foot above thi maximum water elevation of the 100 Year Flood, the sür¡cture, together with attendant utility and sanitary facilities, is water tight with walls subsuûtiauy impermeable to the passage of water. stn¡ctural components shall be capableif resisting hyd,osøtic and hydrodynamic lo¡ds an¿ ïffecß of buoyancy. Evidence shalt be submitted antl c,ertified by a registered professional engineet or a¡chitect that thc flood proofing meet the standards as set forth herein' $'$llllfl#Jtl'.H!u||:|!l,,ll|jllll?||r'IJril$r (D) Any proposed dwelqment shnll trc reviewed by the Ftoodplain Adminisfator to insure that tfre-potential for flood damage by the 100 Yea¡ Flood is mìnimized, that all public utilities *d f.riliti.* are locæed desþed and constrr¡cted so as to minimize damagc by the 100 yea¡ Flood and that adequate drainage is provided to redr¡ce exposr¡f€ to flood haza¡ds. @) All new construction or substantial improvements shall be desiped and adequateþ anctrored to prcvent flotation, collapse or lateral movem€nt, be constructed with materials and utility equipment resistant to flıod daüage, and be constructed by methods that minimize flood damage. (F) New or replacement waler supply systems aud smitary s€wage systems shall be desigrred so as to minimizp or eliminâte ioñltr"tioo of floodwaters. On-site individual sewage disposal systems shall be located so as to avoid impaimrent of them or contænination from them during a 100 Yea¡ Flood. Dated this I st daY of---No¡¿es.be¡.- A.D. 19 gg ATTEST:BOARD OF COUNTY, ": /' of the Upon motion duly made and secondedthe foregoing vote: MTqq ñT¡ÂTPMÃN .IñÍTN F. MA 'NTN Aye Aye Aye COI{MIS LARR L- COMMISSIONER WAI¡TER À. srohrE STATEOFCOLORADO ) )ss Cor¡nty of Garfield ) said Garfield County, now in my oûEce' I, _, County Clerk and ex-officio Clerk of the Board of County Commissioners in and f* th" C","tty and State aøresai¿ do hereby certiô/ that the "t*T*d ærd foregoing Resolution is truly "opifi ûìm the ñ.ecords of the Proceeding of the Board of county cornrnissioners for IN WTTNESS \ryHEREOF' I Gtenwood Springs, this - daY of hand and affixed the seal of said Cotmty' at A.D.19_.have herermto set mY was county clerk and ex-officio clerk ofthe Board of cormty commissioners ||l]il|]ilililililil[ ililt il]tilil ilililil] Lll55l8gt l¡103/1999 02tl3P 81158 P779 il îLSDORF¡l of ¡l R 0.00 D 0.00 GRRFIELD CqJilTY C0 cþl'ltrr op GìRTIBLD sråTE Or coL0FÀDO T¡SIIBIT ¡I À Tnf,q! ot tå¡tD srn¡rTED 5N lrB lfonMEtsl gIthRTER Otr SECsrOÌf 18, m$¡rsBrp 7souE!' nÀNer 88 llEsr ol rËE srrliH p.¡r-' cra¡rELD @rrNE, cor.oR¡Do, BEr¡¡e ¡ænEpÀRT¡CUÎ¡À.nf¡I DASCRIEED å8 tof¡r¡o¡{s ¡ E80¡illÍn¡e åT À EoItrT oN ERE EASA f.I¡¡E Ol T8AT IR.f,gt ÀS DESCnIEED rl¡ Doetnmr¡R'E@n'DED rl¡ EOOr, 832 ÀT DåCE ?89 0F IÎtE RtcoRDs oF sÀrD COU¡ttï Fnolt wstrcB ¡EEITORT¡IEAST CþRNER O' Så,ID SEEIIOI¡ 18 BEIRS N. 08 DEGREES lOI5Or E. .L D¡STÀ¡T.EOT 1335.28 IEEI' gÀ¡D NOR'HEåST COR¡IER EEINC IIOIfi,IIE¡¡TBD TCII'E À SII¡DÃND¡{ONUIIE¡IÎ AEåRI¡|O À âAN'IEI,D COUNTT SURÎIEYOR BR.ASS CàP¡TEËt{ ¡¡. {8 DEGR¡BS 3{rzlr tr. Â DISIT¡|CE op t5tr1.{5 EEA!;mEN N. 01 DECREES 06r5{n ¡. A DISTÀI¡CE OF l,[?.03 FEEI;mEN N. 95 DECRSES 58'¡.0' n. ¡ DtsTåltcE OF 61,60 FBET,ÎBEN g. 8{ DncREEs 3{r{9r r. .È DrsrÀltcE or 82.?? 'EET, rtsE¡f s. ?0 DECRBIE3{r5l' F. ^ Drsrà}rcE oF 59.2¡ ,¡ar, TÏEH S. {{ DEGREES 21'O2r lf. À D¡SEt¡{cE op 55.33 aEE:t¡IHEII g. 37 DECn¡ES 5?rã?r tr. À D¡STÀt¡cE ot 10t.90 EEEI¡rllEtf s. 70 D¡CREES 5lr¡6r tf. À DrsîÀtfcE oF 2.11 FEEI 1{¡ rNTElsBer IEE EtSlEû.ïRIG¡IT Ot wÀr Or SEAÎE HIc¡il{ÀT ¡tt¡üBEn 03¡ ''.s{ À&ot¡c sÀrÞ HrcHIcÀï Rrcrrr ot wÀr rHE tolLorfrr¡c trv¡ corr*sEs ¡Ll 227 -3{ lEEl .trÍ¡oNc E$E Ãnc ot.t curxrE ro rËE t¿Ept EÀvtNc â, Ril)rug o,11,320.00 tEEt, Â CEüTRÀL ÀNc¡¡E ot ol DEcRtEs 0g10ar AND à LoNc cHonD wE¡caDErns s. 11 DECA,ËES 53r{1n E. À Drst}t{cE O? 227.34 FEEÎ¡2) s. 29 DE@,EES 5t.39'r E. .* DrsÎ'Àt{G oF 206.00,EET,¡)1179.10 IEET tr¡olrc¡ T¡¡B ÀRc or À, crrRvE r€ THE I¡E'E EÀvrNg À aÀDrus o,11'¡50'00 rEBt. â eE¡FRÀf¡ àNGlf¡E or 06'DEGRIES ooroon À¡ü¡ à ¡¡oNç CEORD tturc¡EEA&S S. 16 DECREES ZBr5Sr E. À DÎSTåÌ{CE OF 1178.55 EEET¡{)s. 31 DECREES 1{'09i E. À DI€TÀilCE Op 100.20 FEETr8t778,72 SIET Àr.o¡lë nß Àac oF À cuBvE m EBE r¡EFr'HÀ\rrNe A RAD¡:trg oF11,¡{0'00 FEET, .A C8¡alRåI¡ å¡ICI¡E Ol 03 DEGREES 58r1on A¡ID à, t¡oNG CIToRD ¡{I¡ICEBEåRS 5. 22 DECnnEs 05116r E. À DISTåI¡CE 0F 7?g.57 FEEtrTAE¡¡ DEPTNTI¡IG gÀTD NICAI OI Ì'Àr S. 89 D¡ıREIs I8 I4?I E. .à, DISTÀI¡CE OPL13.02; TnEN N. 00 DEGRIES O6rt0i E. .ã, DISTTNCE oF E46.BS tEEt¡mEN N. 89 DEcR¡Es 89r01tr B. À DISTA¡{CE OF {d1.S1 FEEI¡TSE¡I N. 00 DEGEEES OO'O0' E. A DrSlÀilCE OF {90.01 FAEI !o Ess po¡¡tr oFBECIMTI¡IS. ATTACHMENT 2 I 12, t999 Thomas Zancanella Zancanella & Associates 1005 CooperAvenue Glenwood Springs, CO 81601 Re Cattle Creek Floodplain Near Highway 82 HCE File Number 92075.43 Dear Mr. Zancanella: This lener is in response to your inquiry and the Countyos review comments for the Rudd Floodplain Special Use Permii with regard to the carrying capacity of Canle Creek in the vicinity of the Midland Subdivision. lt is our understanding that the applicant proposes to fill nearly up to the floodway line on the southerly side ofthe creek. High Country Engineering, lnc. has previously performed several floodplain analyses in this årea, including HEC¿ runs with and without fill encroachment. The result of those investigations was ¡he determinarion rhat the floodplain was conrrolled by the size of the culverr under Highway 82, and proposed.variations in the sire topography would have no significant effect on the water surface elevations. The purpose of the floodlvay is to maintain an unobstn¡cted channel lor the, p-assage of flood flows. The ftoddrvøy delineated in the Flood Insurance Study was calculated and defined with this.objective in mind. The úrge width of the floodway is evidence of this intent as the waters will be flowing slowly in this area due to rl¡e resricdon of the culvert under Highway 82 and thru will require a large cross sectional area to convey the flow. No fill is proposed within the floodruøy area. The applican¡ is nor proposing any activity within the floodruøy, thËrefore, the paÐ-age-of flood flows will nôi be impeded, AU fîUing proposed will take place within the floodf:nge. The floo{¡hnge is, by rypical definition, an area which can be filled ¡o ø4v elevation without raising ¡he elevation of the floodplain more than one foot. If you have any questions, or need addition¿l information, please contact us' Sincerely, HIGH COUN]3'Y Manager rrl;l 923 COOPEH AVENUE. ËLENWOOE SPHINGS, COLORADO 91601 Telephone t97O) 945'8676 ' Fax [970] 945'e555 TPBlsoe CATTLE CREEK PROPERW ATRACI oF |AND@ y1 oF sEcfloN 7, TOWNSHIP 7 SOUTH, RAN6E 88 WÊSI OF THE 6th P.M. COUNTY OF GARFIEID, STATC OF COLORADO lstE T#{¡.¡å-T \I IAUTIMtsNI 3 SOPRIS ENGINEÊRING - tLC ---dvtf6ßiilr¡E_u MnsfiF, smßúRÐ¡DU. @þMæ t¡fl3 l9r0l M¡rl slsN6esP¡ffi .@M ITDNo--I'!li40¡lôtl!1Iltlrllo--@-o-l@--RUDD lndustrial - Building AProject AddressGarfield Gounþr, Golorado{rIËilåäffi,I'o:=::-::- :=: :-: :+: :=t t-t tf tit ti t---:=: -:-:- :=: :-t:-:=: t-: :- :=: :€:=::=::j- - - - !IÞNo-)zoo!¡ILì4o--o-o-ij@--@-RUDD lndustrial - Building DProject AddressGarfield Gount¡r, Golo¡adotrr¡ilåäffi,ilPo. INDIVIDUAL SEWAGE DISPOSAL SYSf EM DETAILS AUILDING'D'*iË.* l".li;*"..*2 Creek Commerc¡al Cenler Wayne Rudd ñ/ólÞ. lrd €s PLAN VIEW OF FIELD #2 COMBINATON AIR VENT & INSPECTION WELL DETAIL GENERAL NOTES PER SYSTEM #2 ^Ùlm+¿sl$¡smcßrr2 'tlo3Æ ¡ r3 c44sÆs^ÁY- 'H#"' -^r#^ffi ¡#, åt*{Æ",^¡P * È+.sr6r-ßü$r. rúEúd Þudnd * mf, ú¡¡údÉNffim$ {TTACHMENI 5 SAND FILTER SYSTEM SPECIFICATIONS ññ9@oesdß¡orro ,flil¡6trsmFE¡MÆ 5. rÆ M sfdo Rû (Æo^q ro il. eEdE 0m Ñ ÆÀ mDro ß rfl lsr Fd¡ t@dr iilr 'l-Fer e nN 6e ¡rilÊæqm. flFIELD #2 SECTION A_A o GIenn Hartmann From: Sent: To: Subject: Michael Erion <merion@resource-eng.com> Monday, December 1-0, 20L8 10:45 AM Glenn Hartmann RE: Cattle Creek Commercial Center Glenn: No portion of the property was not removed from the floodplain by obtaining a LOMR-F for fill areas that are one foot above the base flood elevation. The property is still within the designated floodplain and they need to get a floodplain permit. The application should be fairly straight forward and similar to the one received for Aspen Glen Lot A-8. They need to provide the as-built elevation certificates for the existing buildings, if those were not previously provided, and the draft elevation certificates for the proposed buildings. It seems to me that the BOCC resolut¡on was approving the activities on the property, but is not a Permit pursuant to the FEMA approved Floodplain Regulations. Just like the BOCC Resolution is not a waiver of a Building Permit and ISDS Permit, it is not a waiver of a floodplain permit. Regards, Michael MichaelErion, P.E. Water Resources Engineer (970) 945-6777 Volce (970) 945-1137 Facsimlle e-mail is IVILEGED AND CONFIDENTIAL information intended only for the use of the individual or entity named above. lf the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notif¡ed that dissemination, distribution, or copying of this communicat¡on is strictly prohibited. lf you have received this communication in error, please immediately notify us by telephone and delete the original message from your system. Thank You. From: G lenn Hartmann <ghartma nn@garfield-county.com> Sent: Monday, Decemb er LO, 2OL8 9:47 AM To: Michael Erion <merion@resource-eng.com> Subject: FW: Cattle Creek Commercial Center Hi Michael: Just a quick follow-up on our conversation regarding the Rudd Property at Cattle Creek. l've attached a draft document from Tim Beck providing some background intent for the 1999 Floodplain Permit. I still think our conclusion from the other day, that the conditions in the permit aren't waivers from getting a floodplain permit is still valid. Please let me know what you think about Tim's draft letter. Thanks again for collaborating on this one, your insights are much appreciated. Glenn. Glenn Hartmann, Principal Planner Garfield County Community Development 970-945-7377 xl570 gha rtmann@ga rfield-countv.com 1 x From: Tim Beck Imailto:tbeck@za-enqineerins.com] Sent: Tuesday, November 20, 2018 11:32 AM To: Glen n Ha rtma nn <gha rtma nn @ga rfield-countv.com> Subject: Cattle Creek Commercial Center Glenn, Following up on our recent conversation on a summary letter - is this what you were looking for? I can finalize if this willfillthe bill. T,ln 8*ê Timothy P. Beck, P.E. tbeck@za-engineeri ns.com Direct: 970.928.3422 | Office: 970.945.5700 Zancanella & Associates lnc. I Engineering Consultants '101 'l Grand Avenue I Glenwood Springs, CO 8'1601 2 Glenn Hartmann From: Sent: To: Subject: Attachments: Tim Beck <tbeck@za-engineering.com> Tuesday, November 20,20181L:32 AM Glenn Hartmann Cattle Creek Commercial Center county fldpln permit summary letter.pdf Glenn, Following up on our recent conversation on a sumrnary letter - is this what you were looking for? I can finalize if this willfillthe bill. T^ 8*ê Timothy P. Beck, P.E. tbeck@za-engineering.com Direct: 970.928.3422 | Office: 970.945.5700 Zancanella & Associates lnc. I Engineeríng Consultants 1011 Grand Avenue I Glenwood Springs, CO 81601 1 t I! I 17,1999 Thomas Za¡canella Zancanella & Associates 1005 CooperAvenue Glenwood Springs, CO 81601 Re Cattle Creek Floodplain Near Highway 82 HCE File Number 92075.03 Dear Mr. Zancanella: This letter is in response to your inquiry and the Counry's review comments for the Rudd Floodplain Special Use Permii with regard to the carrying capaciry of Canle Creek in the vicinity of the Midland Subdivision. lt is our understanding that thÊ applicant proposes to fill nearly up to the floodway line on the southerly side of the creek. High Country Engineering, [nc. has previously performed several floodplain analyses in this area, including IIEC-2 runs with and without fill encroachment. The result of those inves¡igations was the determina¡ion that rhe floodplain was conrrolled by ttre size of the culvert under Flighway 82, and proposed"variations in ¡he sire topography would have no significant effect on the water surface elevations. The purpose of the floodrvay is to maintain an unobstn:cted channe! for tha passage of flood flows. The hoodruøy delineared in the Flood Insurance Srudy was calculated and defined with this objective in mind. The lârge width of the fìoodway is evidence of this in¡ent as the waters will be flowing slowly in this area due ro rhe restriction of the culvert under Highway 82 and thus will require a large cross sectional arêa to convey the flow. No fill is proposed within the floodwøy area' The applicant is not proposing any activity within the floodrvø¡, therefore, the passage of flood flows will nói be impeded. All fîlling proposed will take place within the floodft'nge . The floodfrnge is, by rypical definitlon, an area which can be filled to a¡r-v elevation wi¡hout raising the elevation of the floodplain more than one foot. Ifyou have any questions, or need additional infon¡ation, please conÍact us' Sincerely, HIGH COUNTRY 2C03t aa Manager !i;.¡lt3' 923 EOOPER AVENUE. ËLENWOOO SPRINGS, COLORAtrO 81601 Telephone tgT0l 945'8676 . Fax f970l 945'2555 TPB/soe P.O. Box 1908 1O11 Grand Avenue Glenwood Sprlngs, co 81602 Zancanella & Associates, lnc. November 19,2O18 Page 1 (97o) e45-57OO (97o) 945-1253 Fax 6nclfl gmrr{a (or{su rme¡'rr November 19,2018 Glenn Hartman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Via email to: Re: Cattle Creek Gommercial Center Floodplain Permit (GarGO Resolution 99-114) Mr. Hartman This letter is to summarize the actions taken by the property owner related to obtaining a floodplain development permit in 1999. It was the understanding and intent at that time to obtain permission to place fill in the flood fringe area on the south side of Cattle Creek within the owner's property. The placement of fill was to provide a "platform" for development of the property. To that end, the fill was placed, in general, to an elevation at least one foot above the adjacent floodplain elevation. The floodplain regulations at that time required the finished floor of any newly constructed building to be at least one foot above the adjacent floodplain elevation. Therefore, the overall intent was to provide a "platform" to enable the construction of buildings on the property such that normal building construction and drainage considerations would easily result in the finished floor elevation of any subsequently constructed building to be at least one foot above the appropriate floodplain elevation. The overall intent was thus to allow the construction of buildings on the property without obtaining additional floodplain development permits. Zanca¡<etL4 âxD dssoctÃß, tx<, 2:\97000's\97404 rudd, wayne\97404.01 cattle creekuo18\county fldpln permit summary letter.doc lf you haveany furtherquestions, please eall. Sineerely, Zanesnelia & Associateg, lne" 77* 8r*â Timothy P, Beck, F.E. ¿ánr:Anellâ & AÉôociâtcg. lnc. Npvember t9, !Ol8 Fãgê? ¿ìÞ70@1r¡F7404 fr¡dü, rai'ne197404"!l çl¡llþr¡r,e6_lrpglå\ei¡ufiyfttplh.Þ-dtuitèr¡tfifnary lèTtE|;drË I Lilffiil ililll illlll lllll lilll lllll lll lllll lil Lllls¿-{ai' '1tsstt999 02:l3P Bll5E P776 lt lLsDoRF ,^e 1 cf 4 R O.ørÐ O O'øO GffiFIELD C0ltl{TY C0 STATE OF COLORADO County of Garfield )ss ) At a regular meeting of the Board of County Commissioners for Garñeld Corurty, Colorado' þeld inthe cþ corlcil chambãrs, Rifle cþ Hall, in Rifls on Monday, the lst day ofNovember A'D' 1999' there were present: Walt Stowe , n^- ñ-¿.-,1 Commissioner Chairman Commissioner Commissioner County Attomey Clerk ofthe Board County Administrator when the following proceedings, among others were had and done, to-wit: FESOLUTIONNO. 99-114 ARESoLUTIoNCoNCERNEDWITI{TI{EAPPRoVALoFAFLooDPLAINSPECIALUSEPERMIT APPLICATION FOR WAYNE RTJDD' WHEREAS, the Board of Corurty Commissioners of Garfield County, Colorado, has received application from Wáyne Rudd, concemed with a Floodplain Special Use Permit to allow for the dredge and fili ofan atea in the regulated floodplain ofCattle Creek; and WHEREAS, the Board held a public hearing on the l2th day of April 1999, upon the question of whether the above-described Floodplain Special UsJPermit should be granted or denied' at which hearing the public and interested persons were girren the opportunity 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 faot: l. That proper publication antl public notice was provided as required by law for the hearing before the Board of County Commissioners' 2, That the hearing before the Board of County Commissionerswas -extensive and complete, that all pertinenifacts, matters and issues were submitted and that all interested parties were heard at that hearing' oø1 d /Lt; t[{ll",llt,l!l ltlllJ !lH! !!utr lllllrlrrilIl1,r,[r ã of ¿l R 0.00 D 0.00 ßâRFIELD CoUÌ{TY cO 3. That {he application is in compliancc with the Garfield Couty l6ning Resolution of 1978, as âmended. 4. For thc abOve stated and other reasons, the proposed use is in the best interest ofthe health, safety, morals, convenienoe, order, prosperity rmd welfare oflhe citizens of Garfield Cornty. NOW, THEREFORE, BE IT RESOLVED by the Board of Coünty Çnmmissione¡s of Garfield Co¡nty, Colondo, rhat the floodplain Special Use Pemit be and hereby is approved to allow for the dredge ând fiú of an area ln the regulatctl Ouotlplain of Cattlc Crcck, upon thc following opooiñc conditions: l. That all representations ofthe applican! either withinthe application or stated atthe meeting beforc the Board ofCounty Commissioners, shalt be considered conditions ofapproval, Z. The applicant's engineer submit a sigfied statement with the stamp, certi$ing that the carrying câpacity of Cattle Creek is being maintained' 3. Any new construction onthe fill shall meetthe following criteria, with an engineered design, with stamped plans: (A) The lowcst floor, inoludlng baeemen! of any uew or substantially improved building designed for residontial ı..upatr.y shsll not be less than one (l) foot above the maximum water elevation of the 100 Year Flood' (B) All new conshuction or substantial improvements shall be reasonably safe ûom flooding. (c)Anynewconstructionorsubstarrtialimprovementdesignedforcommercialor industrial uses shall either: (Ð (iÐ Elevate the lowest floor level, including basement, to not less than one (1) foot above the maximr¡m water surface elevation of the 100 Year Flood; or Provide flood-proofing improvements so that below an elevation ofone (1) foot above thi maximum water elêvation of the i00 Year Flood, the structure, together with attendant r¡tilþ and sanitary facilities, is water tight with wails iubstantially impermeable to the passage of water' Struotural components shall be cafableôf resisttng hydrostatic anì hydrodynamic loads and effects ofbuoyancy. Evidence shall be submitted and certified by a registered professional engineer or a¡chitect that the flood proofing ureet the standards as set forth herein. $'#ryIlF#Jtillå!t$Jf lIJI'Jl,,HlllJItut (D) (E) G) Any proposed development shall be reviewed by the Floodplain Administrator to insure that the potential for flood damage by lhe 100 Yea¡ Flood is ninimized, that âll public utilities and facilities are located, desigrred and constructed so as to minimizc damage by the 100 Year Flood and that adequate drainage is provided to reduce exposure to flood hazards. All new consçuction or substantial improvements shall be desiped and adequately anchored to prevent flotation, collapse or lateral movement, be constructed with materials and utilþ equipment resistant to flood damage, and be constructed by methods that minimize flood d"mage. New or replacement water supply systems and sanitary sewage systems shall be desigred so as to minimize or elimi¡ate infiltration of floodwate¡s. 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. Dated this I st day of Nowpmhar , A'D. 19 gg ATTEST:BOARD OF COUNTY, ofthe Upon motion duly made and seconded the foregoing vote: sTofvE STATEOFCOLORADO ) Cowrty of Garfield ) l, .County Clerk and ex-officio Clerk ofthe Board ofCounty Commissioners in and fo. th" County and State aforcsaid do hereby certif that the amexed and foregoing Resolution is truly copied from the iecords 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. 19_. County Clerk and ex-officio Clerk of the Board of County Commissioners Aye Aye Aye )ss I ililt llllt llilil ililil ililt 1ilil ililt ilt ililt lil [] ã81030 t¡l03/1999 02¡13P B1¡50 P779 ll RLSDORFI of { R ø.tÐtà O O,øø GnRFIELD CoUl{lY cO EXIIIB¡A À A rnåql ot LlllD srntÀîED ¡N r¡E NoREcEÀsr euÀnlE8 ot sEqrIoN 18, tûnNssrp 7sour¡¡, nå¡¡oE 88 W¡Sr Or fcE s¡¡T¡I p.¡{., cÀ8?IEf¡D COITNTI, COLORÀDO, BE¡NG üoRADARÍICI¡¡¡AI(IJÍ DascR¡EED Àg EOLI,Ö¡íS ¡ EEort¡ñrNe år À PorNÍ or¡ TEE EÀsr ¡.tNE or îBÀ1 ¡RÀer Às DEscBr¡ED r¡¡ Docur,BlTBE@RD¡D ¡N IOOR 012 À1 !ÀCt 7r9 oF ,t¡t¡¡ ¡arcoRDs ot sArD COUNTT Fno!{ wErcs rEENORn¡AÀ8Î COn¡ifER or sÀrD sEerro!¡ 18 8EÀRS N. 08 DEOREES 1or5or E. ÀDrsrÀ¡rc8oF 1335.2â FEEI. SÀID NORr¡t8.¡r6T COnlfER DEINO üOru!,E¡Ír8D W],rg ^ 9T t¡DÀtrD¡{ONI¡}I8NÎ BEARINO À GàA'IEÍJD COT'NTI¡ SI'RVEYOR BRÀSS CÀEItg¡N N. {8 DEGREES 34'?1tr w. À Drs¡ÀNcE or 1511.{5 EEET¡II¡EN N. 01 DECREES O6r5{n E. À DISIAI¡CE OF 1tt?.03 FEEI, 1TEN N. 85 DECRBES 58r10i ¡t. À DISÎÂNCE OF 51,60 FEETIÎßtN s. 8{ DECREAS 3¡ir{9n w. À DrsrÀ¡rcE oF 82.?7 pEEt, raEñ s. ?o DECREES34154' tl, À DISIÀNCE Or 59.21 'EET¡TIIEN S IBEN S i{ DECREES 21'02i rl. À DrSrÀ¡{cE ot 55.33 FEEI,37 DECREES S7t57t W. À DrSTÀNqE OF 103,90 FEEt¡TxEl{ s. 70 DacREEs 51136r w. À DrsrANqE o? 2.11 rEEr ro ¡NtERsaqr nrE EiòsrERr.rRIGaT OF ¡{Àr OF STAIE HIcrfiÀT Nln@ER 83¡Itss¡ A¡¡oNc sÀrD ¡lrcc¡tÀr RrcHr ot wtr nn toLLow¡r¡ë itv! couREES¡L'I 227 .34 FEET À¡,ONC T¡¡E å¡,C O' À Q¡BVB 1O lgE I,E!T EÀVINC À RÂD¡US Or11.¡¡0.00 ÍEET, À cE¡ÍlRÀr¡ À¡¡of¿E ot 01 pEGßaEs 09'oz' Àt{Þ À LoNc CttonD t{B¡cEEEÀRS S. 11 DECn¡ES 53r{tr E. À DISIÀ¡¡CE OF 22?,311 FEET¡2) g. 29 DEcrrtg 5{r¡9i 8, À DISt^NCE OF 206.OO !EET,3)1179.10 FEET ÀI.ONG THE Ane Ot I cttnvE to Tl¡E LE?T ¡ràVrNO À nÀDrus or11.260.00 FEEI, À cENl¡8À¡¡ ÀNc¡.E'or 06 DEGREES oo,ootr À¡¡D À ¡¡oNc c¡¡onD ivr¡rcsBEA&S S. 16 DEG¡EES 28r55r E. À brs¡À¡¡cE OÍ 117ã,55 FEET;{)s. ¡1 DECREES 1{'O9i E. À DrsTÀ¡tcE oF 1o0.2o FEET, 5'1778'72 IEEî Àr.oNc rBE Àac oF À ct¡RvE m $ß &EFT ¡r¡,vrNc À RÀD¡us oF11,2,[0.00 FEET, A CEtûlnÀ¿, À¡¡cf¿E oF 03 DECnEES 58r1or ÀÀrD À ¡¡oNc csoRD wHrcsaEARS S. 22 DEGnAES O5r16n E. À DrslÀr¡cE oF ?78.57 FEET; ]l¡lE"¡l DEPtnrrNc sÀrD RrcBr op wÀy s. 89 DEGREES ¡[g'{7' E. à DrsrÀlfcE otLl3 .02, TÎtll !f. 00 DEGRjBES 06110r E. À D¡gÎA¡tCE Ot 8.û6.85 FEET, I'¡¡EN N. 89 DEGREES 59t01n E. À DISTT¡¡CE Or {61.51 ¡EEr, T¡¡EN N. OO DECREES OOIOOT E. À D¡SIAI{CE OF {90.01 EEE! TO $TE PO¡ìÍI OrBBCINNINC. cotNrr ot cÀRrI8&D 91À18 Or cotoRÀDo County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." "Specific geological hazards may be encountered during the placement of structures and septic systems. Site specific analysis for placement may be required." Prior to the approval of an exemption plat, the applicant will demonstrate that all new wells will meet the following: l) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 7) If any well is to be shared, a water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. That the applicant, and any future properfy owners of said property agree to, as a condition of future continued approval of the special use permit, that it in the future event that the property described by this special use permit, has the reasonable ability to connect with any municipal or centralized water and/or sewer system, the subject property owners shall be required to connect to said service and remove any existing well head(s) and individual sewage disposal system(s) which may be located on said property, within one year of the effective date of service availability." Repair and maintenance of the access easement shall be the responsibility of the property owners subsequent to recordation ofthe subdivision. A motion was made to close the Public Meeting by Commissioner Stowe and seconded by Commissioner McCown; carried. A motion was made by Commissioner Stowe and seconded by Commissioner McCown to approve an exemption from the defìnitio of subdivision for Thomas and Elizabeth Cook as in the project information and staff comments, major issues and concems with the 8 recommendation plus number 9 added by John outlining the fire protection standards; carried. added no. 9 - all access easements meet the NFTA 299 for fire protection standard for plat notes and move the access agreements to the North boundary with the correction of CR 3 I 2 versus CR. 2 10; motion carried. PUBLIC HEARING - REQUEST FOR A SPECIAL USE PERMIT TO ALLOW FILL WITHIN A FLOOD PLAIN ON THE PROPERTY LOCATED ON THE SOUTH SIDE OF THE CATTLE CREEK CROSSING, IMMEDIATELY UPSTREAM FROM HVVY.82. APPLICANT: WAYNE RUDD Don DeFord, Mark Bean, and Wayne Rudd were present. Don DeFord determined that adequate notification and publication was in order and advised the Commissioners they were entitled to proceed. Chairman Martin swore in the speakers. Mark Bean submitted the following exhibits: Exhibit A - Proof of Publication; Exhibit B - Returned Receipts; Exhibit C - Project Report and Staff Comments; Exhibit D - Application and Attachments; Exhibit E - Garfield County Zoning Resolution of 1978 as amended; and Exhibit F - a map and a letter submitted by Tim Beck. Chairman Martin admitted Exhibits A - F into the record. Mark reviewed the request and noted that anything being served in this area would be in the floodplain (F) on page 6. Recommendation Staff recommends APPROVAL of the Special Use Permit based on the following conditions: That all representations ofthe applicant, either within the application or stated before the Board of County Commissioners, shall be considered conditions of approval. The applicant's engineer needs to submit a signed statement with the stamp, certifuing the carrying capacity of the Cattle Creek is being maintained. any new construction on the new fill shall meet the following criteria, with an engineered design, with stamped plans: A) The lowest floor, including basement, of any new or substantially improved building design, with stamped plans: B) All new construction or substantial improvements shall be reasonably safe from flooding. C) Any new construction or substantial improvenrent designed for conrnrercial or industrial uses shall either: Ilevate thc lowcst lloor lcvcl, including bascmcnt, to not less than one (1) lbot abovc thc maximum water elevation ofthe 100 year flood, the structure. A motion was made by Commissioner Mccown and seconded by Commissioner Stowe to close the Public Hearing; carried. A rttutiott was nladc by Corrurrissiuncr Stuwc arul secuntled by Ctxrnrissioner MuCown tu appruve the request for a special use permit application with the recommendations of staff No. 1 - 3 contained in the staffreporl carried. PUBLIC HEARING: REQUEST FOR A ZONE MAP AMENDMENT FROM R/L/RD RESIDENTIAL LIMITED URBAN DENSITY, TO A/RYRD AGRICULTURAL RESIDENTIAL RURAL DENSITY FOR PROPERTY LOCATED A 3642 HWY. 82, lI2MILE SOUTH OF GLENWOOD SPRINGS, CO ON HVVY.82. APPLICANT: KAREN AND STEVEN GARDNER Don DeFord, John Barbee and Steve Gardner were present. Don DeFord determined that adequate notification and publication was in order and advised the Commissioners they were entitled to proceed. John Balbee subnritted the fullowing cxhibits: Exhibit A - Pruof of Publioation Exhibit B - Green und White Retumed Receipts; Exhibit C - Staff Report and Attachnrents. Chairman Martin admitted Exhibits A - C into the record. John mentioned this was a zone map amendment for a 11.49 acre tract of land Steve Gardner mentioned they were interested in building an accessory dwelling unit and the first step included obtaining arr appruval fur a zure map arncntllcnt. Recommendation Staff recommends APPROVAL, with the following conditions of approval: That all representations of the applicaut, either within the application or stated at the meeting befole the Board F County Commissioners, shall be considered conditions of approval. A motion was made by Commissioner Stowe and seconded by Commissioner McCown to close the Public Hearing; carried. A motion was made by Commissioner Stowe and seconded by Commissioner McCown to approve the zone map amendment for Steven and Karen Gardner with all the information contained in the project information and staff comments with the recommendation made by staff; Commissioner McCown added public water and sewer be connected if made available by the City as an amendment and Commissioner Stowe approved the amendment; carried. PUBLIC HEARING - REQUEST FOR A ZONE TEXT AMENDMENT THAT WOULD ALLOW A ZONE MAP AMENDMENT FROM A/IAGRICULTURAL INDUSTRIAL TO C/G/ COMMERGIAL GENERAL ON THE PROPERTY LOCATED 1/4 MILE WEST OF SILT, CO 32497 HWY. 8 &24, THE FORMER GARFIELD LIVESTOCK AUCTION BUILDING. APPLIGANT: PORTER TOFT Don DeFord, John Barbee and Porter Toft were present. Don DeFord determined that adequate notification and publication was in order and advised the Commissioners they were entitled to proceed. Chairman Martin swore in the speakers. John Barbee submitted the following exhibits: Exhibit A - Proof of Publication; Exhibit B - Returned Receipts; Exhibit - Application and Attachments; and Exhibit D - Project Report and Staff Comments. Recommendation:: Staff rccommcnds APPROVAL with the following conditions of approval: That all representations of the applicant, eil.her within the application or stated at Lhe meel.ing before the Board of County Commissioners, shall be considered conditions of approval. One issue - a property owner to the south of him - an access easement - this might increase the use of the cascmcnt bcyond thc barn. Porter Toft - can use as a livestock market still be used there is this is approved. Mr. Lawrence - property owner on the south side. There are two access easements off of 6 &.24 - east to west direction - egress and ingress - 7.5 acres could be a lot of deve lopment. It was an agricultural land for 2000 cows. Well-sharing agreemenl - how does it affeçt. A motion was made by Commissioner Stowe and seconclecl by Commissioner McCown to close the Public Hearing; carried. 1 NOV 1999 Meeting Ken stated he hoped the Commissioners would back him if there is any problem. There should also have the Sheriff and the City of Rifle be included in the public entities that support to enforce the rules and regulations. Violations will be reported to the Commissioners. The rules and regulations are not being requested to be approved Carolyn stated this will clarifo businesses conducting business on the Airport property. These standard rationalize the process and ensure fairness. Russ Pierce and Richard Collier - Airport Maintenance They have enjoyed the airport and hope there aren't too many rules and regulations where there is a level of being uncomfortable. Asked that the Board not make hasfy decisions. 40 years in aviation and at every airport in many sates, including Colorado and the best airports are those without fences. The people that fly and have aviation businesses make good decisions and like their freedom that comes with flying. Russ said some regulations are FAA rules and didn't need to have them duplicated. Jack Boyd - General Manager for the FBO - he supports Russ and didn't want to make rules just to make rules. Some are needed. Jack commented that in reviewing the minimum standards, it appears there may be an annual fee for any business. Since new pricing per square foot, increasing the jet fuel fees, and now this new fee does implement a hardship. He voiced that the fees are high starting at -0- to $200.00. Ken çommented that the FBO is not under these new fees but it includes other businesses that may come in and sell airuaft, etc. He referenced this to hunting and fishing licensing. The Board will receive the input and then make a decision. CONSENT AGENDA A. APPROVEBILLS B. SIGN AMENDED PLAT: BATTLEMENT MESA FILING C. SIGN RESOLUTION OF APPROVAL: TOLER SPECIAL USE PERMIT D. SIGN AMENDED EXEMPTION PLAT: BERTOLHF E. SIGN RESOLUTION OF APPROVAL: AMERICAN SODA FISCAL IMPACT MITIGATION PROGRAM PRE-APPLICATION REPORT F. SIGN RESOLUTION CORRECTION CONDITIONS OF APPROVAL CONTAINED IN RESOLUTION 99-III, RANCH CREEK PLANNED UNIT DEVELOPMENT SUBDIVISION G. SIGNCONTRACTSECUzuNGHEPWORTH-PAWLAKGEOTECHNICAL,INC. PROFESSIONAL SERVICES FOR LAND USE REVIEW [This is an open-ended contract. These fees are reimbursable by the developer.] H. SIGN RESOLUTION OF APPROVAL: RUDD SPECIAL USE PERMIT I. SIGN ORIGINAL AMENDED EXEMPTION PLAT: TASSADA J. SIGN CONTRACT: ENGINEERING SERVICES FOR REVIEW OF SPRING VALLEY RANCH ("CHENOA'') DEVELOPMENT APPLICATION A motion was made by Commissioner McCown and seconded by Commissioner Stowe to approve the Agenda items A - J; carried. Adjourn Commissioner Stowe made a motion to adjoum and it was seconded by Commissioner McCown; carried. 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A4 m ore l0 åfÍtuvt Ja NWw il u wtw f xNM Y 4.00,0&@oryh;ã'C\I - \¡á z\-, fqS nS >r"isäÈsÇ!ô Ð Ðt¡ :!.ô Þ \- *v a: .' dl Èä:ä i E e.riLlr&=ÞruR :á Ø i\ *" *ã Þñ H. ys h6iNe.ã shJSyJHI&!rrurlryfr#NßMgWrcOOvomj $ øwsl lwxlxwd )Þ'ffiM "h¿ wÊ N þ lS 88 Xryl 1{ms I dtt niñí"ái üw et ¡irljk-o uwm rmruur u dç{f{SrV}dü,Å¿, tvtf" Ãt Tffifffd Y County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." "Specihc geological hazards may be encountered during the placement of structures and septic systems. Site speciflrc analysis for placement may be required." Prior to the approval of an exemption plat, the applicant will demonstrate that all new wells will meet the following: l) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines conceming bacteria, nitrates and suspended solids; 7)If any well is to be shared, a water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. That the applicant, and any future property owners of said property agree to, as a condition of future continued approval of the special use permit, that ii in the future event that the property described by this special use permit, has the reasonable ability to connect with any municipal or centralized water and/or sewer system, the subject property owners shall be required to connect to said service and remove any existing well head(s) and individual sewage disposal system(s) which may be located on said property, within one year of the effective date of service availability." Repair and maintenance of the access easement shall be the responsibility of the property owners subsequent to recordation ofthe subdivision. A motion was made to close the Public Meeting by Commissioner Stowe and seconded by Commissioner McCown; carried. A motion was made by Commissioner Stowe and seconded by Commissioner McCown to approve an exemption from the definitio of subdivision for Thomas and Elizabeth Cook as in the project information and staff comments, major issues and concems with the 8 recommendation plus number 9 added by John outlining the fire protection standards; carried. added no. 9 - all access easements meet the NFTA 299 for fire protection standard for plat notes and move the access agreements to the North boundary with the correction of CR 312 versus CR. 210; motion carried. PUBLIC HEARING . REQUEST FORA SPECIAL USE PERMIT TO ALLOW FILL WITHIN A FLOOD PLAIN ON THE PROPERTY LOCATED ON THE SOUTH SIDE OF THE CATTLE CREEK GROSSING, IMMEDIATELY UPSTREAM FROM HWY.82. APPLICANT: WAYNE RUDD Don DeFord, Mark Bean, and Wayne Rudd were present. Don DeFord determined that adequate notification and publication was in order and advised the Commissioners they werc entitled to proceed. Chairman Martin swore in the speakers. Mark Bean submitted the following exhibits: Exhibit A - Proof of Publication; Exhibit B - Retumed Receipts; Exhibit C - Project Report and Staff Comments; Exhibit D - Application and Attachments; Exhibit E - Garfield County Zoning Resolution of 1978 as amended; and Exhibit F - a map and a letter submitted by Tim Beck. Chairman Martin admitted Exhibits A - F into the record. Mark reviewed the request and noted that anything being served in this area would be in the floodplain (F) on page 6. Recommendation Staff recommends APPROVAL of the Special Use Permit based on the following conditions: That all representations of the applicant, either within the application or stated before the Board of County Commissioners, shall be considered conditions of approval. The applicant's engineer needs to submit a signed statement with the stamp, certiffing the carrying capacity of the Cattle Creek is being maintained. any new construction on the new fill shall meet the following criteria, with an engineered design, with stamped plans: A) The lowest floor, including basement, of any new or substantially improved building design, with stamped plans; B) All new construction or substantial improvements shall be reasonably safe from flooding. C) Any new construction or substantial improvement designed for commercial or industrial uses shall either: Elevate the lowcst floot'lcvcl, including bascmcnt, to not lcss than onc (l) foot above the maximum rryater elevation of the 100 year flood, the structure. A motion was made by Commissioner McCown and seconded by Commissioner Stowe to close the Public Hearing; carried. Â. motion was madc by Commissioncr Stowc and sccondcd by Commissioncr McCown to opprovc thc request for a special use permit application with the recommendations of staffNo. I - 3 contained in the staffreport; carried. PUBLIC HEARING: REQUEST FOR A ZONE MAP AMENDMENT FROM R/URD RESIDENTIAL LIMITED URBAN DENSITY, TO A/R/RD AGRICULTURAL RESIDENTIAL RURAL DENSITY FOR PROPERTY LOCATED A 3642 HWY. 82, I/2 MILE SOUTH OF GLENWOOD SPRINGS, CO ON HWY. 82. APPLICANT: KAREN AND STEVEN GARDNER Don DeFord, John Barbee and Steve Gardner were present. Don DeFord determined that adequate notification and publication was in order and advised the Commissioners they were entitled to proceed. John Barbcc submittcd thc following cxhibits: Exhibit A - Proof of Publication Exhibit R - Green nnd White Retumed Receipts; Exhibit C - Staff Report and Attachments. Chairman Martin admitted Exhibits A - C into the record. John mentioned this was a zone map amendment for a I I .49 acre tract of land Steve Gardner mentioned they were interested in building an accessory dwelling unit and the first step includcd obtoining an approval for a zonc map amcndmcnt. Recommendation Staff recommends APPROVAL, with the following conditions of approval: That all representations of the applicant, either within the application or stated at the meeting before the Board F County Commissioners, shall be considered conditions of approval. A motion was made by Commissioner Stowe and seconded by Commissioner McCown to close the Public Hearing; carried. A motion was made by Commissioner Stowe and seconded by Commissioner McCown to approve the zone map amendment for Steven and Karen Gardner with all the information contained in the project information and staff comments with the recommendation made by staff; Commissioner McCown added public water and sewer be connected if made available by the Cþ as an amendment ancl Commissioner Stowe approvecl the amendment; canierl. PUBLIC HEARING . REQUEST FOR A ZONE TEXT AMENDMENT THAT WOULD ALLOW A ZONE MAP AMENDMENT FROM A/I AGRICULTURAL INDUSTRIAL TO C/G/ COMMERCIAL GENERAL ON THE PROPERTY LOCATED I/4 MILE WEST OF SILT, CO 32497 HWY.6 & 24, THE FORMER GARFIELD LIVESTOCK AUCTION BUILDING. APPLICANT: PORTER TOFT Don DeFord, John Barbee and Porter Toft were present. Don DeFord determined that adequate notification and publication was in order and advised the Commissioners they were entitled to proceed. Chairman Martin swore in the speakers. John Barbee submitted the following exhibits: Exhibit A - Proof of Publication; Exhibit B - Returned Receipts; Exhibit - Application and Attachments; and Exhibit D - Project Report and StaffComments. Recommendation:: Staff recommends APPROVAL with the following conditions of approval: That all rcprcscntations of thc applicant, cithcr within thc application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. One issue - a property owner to the south of him - an access easement - this might increase the use of the easement beyond the barn. Porter Toft - can use as a livestock market still be used there is this is approved. Mr. Lawrence - property owner on the south side. There are two access easements offof 6 &.24 - eastto west direction - egress and ingress - 7.5 acres coulcl be a lot clf development. Tt was an agricultural land for 2000 cows. Well-sharing agreement - how does it affect. A motion was made by Cornmissioner Stowe and seconded by Commissioner McCown to close the Public Hearing; carried. 1 NOV 1999 Meeting Ken stated he hoped the Commissioners would back him if there is any problem. There should also have the Sheriff and the City of Rifle be included in the public entities that support to enforce the rules and regulations. Violations will be reported to the Commissioners. The rules and regulations are not being requested to be approved Carolyn stated this will clarifu businesses conducting business on the Airport property. These standard rationalize the process and ensure faimess. Russ Pierce and Richard Collier - Airport Maintenance They have enjoyed the airport and hope there aren't too many rules and regulations where there is a level of being uncomfortable. Asked that the Board not make hasty decisions. 40 years in aviation and at every airport in many sates, including Colorado and the best airports are those without fences. The people that fly and have aviation businesses make good decisions and like their freedom that comes with flying. Russ said some regulations are FAA rules and didn't need to have them duplicated. Jack Boyd - General Manager for the FBO - he supports Russ and didn't want to make rules just to make rules. Some are needed. Jack commented that in reviewing the minimum standards, it appears there may be an annual fee for any business. Since new pricing per square foot, increasing the jet fuel fees, and now this new fee does implement a hardship. He voiced that the fees are high starting at -0- to $200.00. Ken commented that the FBO is not under these new fees but it includes other businesses that may come in and sell aircraft, etc. He referenced this to hunting and fishing licensing. The Board will receive the input and then make a decision. CONSENT AGENDAA. APPROVE BILLS B. SIGN AMENDED PLAT: BATTLEMENT MESA FILING C. SIGN RESOLUTION OF APPROVAL: TOLER SPECIAL USE PERMIT D. SIGNAMENDEDEXEMPTIONPLAT: BERTOLHF E. SIGN RESOLUTION OF APPROVAL: AMERICAN SODA FISCAL IMPACT MITIGATION PROGRAM PRE-APPLICATIONREPORT F. SIGN RESOLUTION CORRECTION CONDITIONS OF APPROVAL CONTAINED IN RESOLUTION 99-1I1, RANCH CREEK PLANNED UNIT DEVELOPMENT SUBDIVISION G, SIGNCONTRACTSECURING}IEPWORTH-PAWLAKGEOTECHNICAL,INC. PROFESSIONAL SERVICES FORLAND USE REVIEW [This is an open-ended contract. These fees are reimbursable by the developer.] H. SIGN RESOLUTION OF APPROVAL: RUDE SPECIAL USE PERMIT I. SIGN ORIGINAL AMENDED EXEMPTION PLAT: TASSADA J. SIGN CONTRACT: ENGINEERING SERVICES FOR REVIEW OF SPRING VALLEY RANCH ('CHENOA") DEVELOPMENT APPLICATION A motion was made by Commissioner McCown and seconded by Commissioner Stowe to approve the Agenda items A - J; canied. Adjourn Commissioner Stowe made a motion to adjourn and it was seconded by Commissioner McCown; canied. Attest:Chairman of the Board I ililr ililr ilil| llllll lllll lllll lllll lll lllltllll Llll¡lrags rrrosrrggg 02:l3P Btl5E PT'G It nLsDoRF ,F' I oî I R ø,øø O ø.tilì GffiFIELD COlt{TY C0 STATE OF COLORADO County of Garñeld ) )ss ) At a regular meeting of the Board of Comty Commissionerc for Garñeld County, Colorado, held in the Cþ Corloit Ctrambãrs, Rifle City Hall, in Riflc on Monday, the lst day of November A.D. 1999' there were present: \V¿l+ Stnwc Commissione¡ Chairman Commissioner Commissioner Cormty Attomey Clerk of the Board County Adminisuator ù r: r l--l when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. 99-114 ARESOLUTION CONCERNED WITT{ THE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT APPLICATION FOR WAYNE RI.JDD' WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application ûom Wáyne Rudd, concemed with a Floodplain Special Use Permit to allow for the dredge and fili ofan area in the regulated floodplain ofCattle Creek; and WHEREAS, the Board held a public hearing on the l2th day of April 1999, upon the question of whether the above-¿escribed Floodptain Specia UsJPermit should be granted or denied, at which hearing the public and interested persons were given the opportrurity 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 afo¡ementioned hearing, has made the following determination of faot: l. That proper publication and public notioe was provided as required by law for the hearing before the Board of County Commissioners' 2. That the hearing before the Board of county commissioners¡¡¡as .ex-tensive and complete, that all pertinenifacts, matters and issues were submitted and that all interested parties were heard at that hearing' üt{1 d (4? LunFill,lJJlltl|lJ!!ltu!l!t|l!til!,'!rrilul[!li oi r n o.m o ø.øø onRF¡ELD coulfrY oo 3. Tbat tic application is ia compliance with fhe Garñeld Cormty Zoning Resohrtioo of 1978, as amendcd. 4. Forthe above statedmd other¡easons,the proposed use is inthe best interest ofthe health, safety, morals, couvenienoe, order, prospcrity and welå¡e of the citizens of Uarñeld Comty' NOW, TI{EREFORF,, RF, IT RESOLVED by tbe Board of Cormty Conmissioners of Garfield Cowrty, Colorado, that the Aoodplain Special Use Permit be ând hereby is approved to allow for the dredge and ñil of¡¡ arca ir tho rogulotod floodplnin ofCettle Creek, upon the following qreoific conditions; l. That all r€pr€sentations ofthe applican! either within the application or stated at the meeting before the Board ofCo¡¡nty Commissioners, shall be considered conditions ofapproval. 2. The applicant's engineer submit a siped stâtement with the stamp, certiÛing that the oarrying capacity of Cattle Creek is being maintained' 3. Any new construction on the fill shall meet the following criteria, with an eûgineered desig!, with stamped Plans: (A)ffi#f î:î'å$j#iïHriffiI$i:.:;::'åiärö'är,1*3*'ä: (B) All new construction or substantial improvements shall be reasonably safe from flooding. (c) H_:;iå:ïtrj[,ïî. substantial improvement designed for commercial or (Ð Elevate the lowest lloor level, including basement,to not less than one (1) foot above the ma¡rimum water surface elevation of the 100 Year Flood; or (iÐProvideflood-proofingimprovemcntssothatbelowanelevationofone(1) foot above thi maximum water clevation of the 100 Year Flood' the structue,togetherwithatt,endântutilþandsanitaryfacilities,iswatertight with waits iubstantially impermeable to the passage of water' Structural components shall be capabteãf resisting hydrostaqc and hydrodynamic loads aod effects ofbuoyancy' Evidence shalt be submitted and certified by a registered professional engiaeer or architect that the flood proofing meet the standards as set forth herein' $'$\'Il|,.'#BtI''H!'$::l!I,'!,jl'H!lï.ur!!l Any proposed development shall be reviewed by thc Floodplain Adminisüator to ins¡¡¡e that thafiæntia for flood damage by the 100 Year Flood is r¡inimized, 1þ¡1 all public utilities and facilities æe locarc4 desiped and constructed so as to minimize damage by the 100 Year Flood and that adequate drainage is provided to reduce exposure to flood haz¿¡ds. Allnewconsfiuc'tionor subsøntial improvements shall be desiped and adequately anchored to prevent flotation, collapse or lateral movement, be constructed with materials and utility equipment resistant to flood damage, and be constructed by methods that minimize flood .{qñ¡ge. New or replacement wat€r srryply systcms and sanitary s€.tÀ¡age systems shall be desigred so as to minimize or eliminate i¡filtation of floodì¡/aters. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination ftom them during a 100 Yea¡ Flood. Dated this 1 st daY of N¡wamÞ'er ' A'D. 19-S9-. ATTEST:BOARD OF COI,JNTY, oftbe Upon motion duly made and seconded the foregoing vote: STATEOFCOLORADO ) County ofGarfield said Garfield CountY, now in mY office. have hereunto set mY hand and affixed the seal ofsaid County, at A.D. 19_. county clerk and ex-officio clerk of the Board of county commissioners (D) (E) (F) Aye Aye Aye .¡ôMMTSSÍ'INF:N NÍ¡ÀTPMÀN.Tôf¡N F' MÀRTTN ' ACOMMISS )ss r - Countv Clerk and ex-ofücio Clerk ofthe Board ofCounty Commissioners in *d fo. th" Co*ty and State aforesaid do hereby certiff thal ttre annexed and foregoing n.JJo" ir torfv copied ûorr the iecords of the Procceding of the Board of County Commissioners for IN WTTNESS WHEREOF' I Glenwood Springs, this -' daY of illilllilil ilil1 ¡/l¡lP iltilt¡ilr !!3tE3E rrl03/1999 02 8115E P779 I't ßLSDonF 4 of { R A.øø D ø,60 GffiFIELD 00Uil1Y C0 E5I¡EIE I Â TnÀcl ot r'À!¡D s¡nnrtD ¡¡{ uE NoRtrErsr euÀRriER ot sBqrroN 18, mn*s'rp 7sourg, nÀNgE 88 w¡sÎ or ¡aE 8¡rr¡¡ p.¡t., GI&TIELD COITNII, @&ORADO, EEI¡¡C ¡@REPåRÍ¡CU¡À¡¡¡.T D¡SCRIAAD ÀA IOÍ¡¡¡OWS¡ laú¡¡tll¡ll¡c ÀT À Po¡Nr on rE¡ aÀgr ¡¡¡¡fB ot rEÀr rRÂcr ¡s DagcR¡EED rr¡ Docut@rrRECORD¡D ¡X ¡OO& 8¡¡ À! ¡,Ào! ?09 0t rtt nIcoRDs ur sArD @nl*ìrf iBO¡¡ r.ßrcB 1æNORTnBÀsr cþRNER Ot SÀrD sBeiro!¡ 18 atÀns r¡. 08 DACRE¡S lor5or E. 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