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HomeMy WebLinkAboutR81-11 Amendment of Guidelines and Regulations for Areas and Activities of State InterestRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0. 81- ~~ A RESOLUTION READOPTING AND AMENDING THE "GUIDELINES AND REGULATIONS FOR AREAS AND ACTIVITIES OF STATE INTEREST, OF THE COUNTY OF EAGLE,. STATE OF COLORADO", RESOLUTION N0. 80-25 AS AMENDED BY RESOLUTION N0. 80-34, RESOLUTION N0. 80-50, AND RESOLUTION N0. 80-62, RESPECTIVELY. WHEREAS, the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board", is authorized pursuant to Article 65.1, Title 24, of the Colorado Revised Statutes, 1973, as amended, to establish and designate certain areas and activities of State interest; and WHEREAS, the Board is authorized pursuant to Article 65.1, Title 24, of the Colorado Revised Statutes, 1973, as amended, to adopt regulations and guidelines to be used in connection with such designated matters of State interest; to establish and designate a Local Permit Authority to receive applications for development in or conduct matters of State interest and to excerise other powers in connection therewith; and WHEREAS, the Board did hold a public hearing on March 25, 1980, and after notice was duly given as prescribed by law, to consider designation and regulation of the following activities of State interest: a. Site selection and construction of major new domestic water and sewage treatment systems; b. Major extensions of existing domestic water and sewage treatment systems; and c. Efficient utilization of municipal and industrial water projects; and WHEREAS, said public hearing was continued on April 14, 1980, at which time the Board duly adopted Resolution No. 80-25 entitled "Guidlines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", which designated the above-referenced activities as activities of State interest; adopted regulations and guidelines to be used in connection with matters of State interest; established the Board of County Commissioners of Eagle County as the Eagle County Permit Authority to receive applications for development in an area of State interest or for conduct of an activity of State interest and to exercise other powers granted it in connection therewith; adopted certain forms = to be used in designating matters of State interest and a permit application and permit form for development in or conduct of a matter of State interest; and provided for a reasonable fee for the cost of processing a permit application and hearings in connection therewith; and WHEREAS, after submittal of Resolution No. 80-25 to the Colorado Land Use Commission pursuant to § 24-65.1-101, et ~., C.R.S. 1973, as amended, and upon the receipt of the Colorado Land Use Commission's recommendations, the Board on 3une 6, 1984, adopted Resolution No. 80-34 which amended and readopted Resolution No. 80-25 to reflect the technical changes as recommended by the Colorado Land Use Commission; and WHEREAS, the Board did hold a public hearing on September 23, 1980, and after notice was duly given as prescribed by law, to consider the designation and regulation of Floodplain Hazard areas as an area of State interest; and -2- WHEREAS, said public hearing was continued on September 24, 1980, at which time the Board duly adopted Resolution No. 80-50 which adopted Official Maps delineating Floodplain Hazard areas within the unincorporated territory of the County of Eagle; designated Floodplain Hazard areas as an area of State interest; adopted regulations and guide- lines to be used in connection with the above-referenced designated area of State interest; and amended and readopted the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", by adding thereto Chapter 6 entitled "Floodplain Regulations"; and WHEREAS, after submittal of Resolution No. 80-50 to the Colorado Land Use Commission pursuant to § 24-65.1-101 et se~C., C.R.S. 1973, as amended, and upon the receipt of the Colorado Land Use Commission's recommendations, the Board on December 1, 1980, adopted Resolution No. 80-62 which amended and readopted Resolution No. 80-25 and Resolution No. 80-50, respectively, to reflect the technical changes as recommended by the Colorado Land Use Commission; and WHEREAS, the Board desires to adopt additional official maps delineating additional Floodplain Hazard areas within the unincorporated territory of the County of Eagle; and WHEREAS, the Board desires to designate additional Floodplain Hazard areas as delineated on the additional official maps as an area of State interest; and WHEREAS, the Board desires to amend the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", Resolution -3- ~, EXHIBIT "A" TO RESOLUTION N0. 81- AMENDMENTS TO THE FLOODPLAIN REGULATIONS, COUNTY OF EAGLE, COLORADO, AS ADOPTED APRIL 14, 1980, RESOLUTION N0. 80-50, AND AS AMENDED DECEMBER 1, 1980, RESOLUTION N0. 80-62 I. Chapter 6 entitled "Floodplain Regulations" is hereby amended by the repeal and reenactment of Section 6-304(1) to read as follows: 6-304. Official Maps. 1) The floodplains for the County of Eagle are identified in the following reports: (a) Gore Creek Floodplain Information, Vail, Eagle County, Colorado, prepared by Hydro-Triad, Ltd., and dated June, 1975; (b) Floodplain Information Report of the Roaring Fork and Fryingpan Rivers, Eagle County, Colorado, prepared by Wright-McLaughlin Engineers and dated February, 1978; (c) A report entitled "Flood Insurance Study, Eagle County, Colorado, Unincorporated Areas", which includes detailed floodplain information and data for Buffehr Creek, Eagle River at Minturn, Fryingpan River, Taylor Creek, Brush Creek, Roaring Fork River, Eagle River at P.ed Cliff, and Turkey Creek, dated May, 1980, prepared by Gingery Associates, Inc., under contract with the Federal Insurance Administration; and (d) Any further floodplain studies that have been approved by the Board of County Commissioners with the prior concurrence of the Colorado Water Conservation Board. II. Chapter 6 entitled "Floodplain Regulations" is hereby amended by the addition of a new subsection (3) within § 6-107 to read as follows: 3) In the event of any conflict, inconsistency, or incongruity between the provisions contained within this Chapter 6, "Floodplain Pegulations", and the provisions contained within the remaining provisions and chapters of the Guidelines and Regulations for Areas and Activities of State Interest for the County of Eagle, State of Colorado, the provisions contained within this Chapter 6 shall in all respects govern and control in the regulation of development in designated floodplain hazard areas within the unincorporated territory of the County of Eagle. III. Chapter 6 entitled "Floodplain Regulations" is hereby amended by the repeal and reenactment of § 6-201 to read as follows: -2- 6-201. Designation of Floodplain Hazard Areas. The Board of County Commissioners having considered the intensity of current and foreseeable development pressures, applicable Guidelines for Identification and Designation adopted and issued by the Colorado Land Use Commission, the Model Floodplain Pegulations proposed by the Colorado Water Conservation Board, in conjunction with the Colorado Land Use Commission, and the Flood Damage Prevention Ordinance proposed by the Federal Insurance Administration of the Federal Emergency Manage- ment Agency, it is the order of the Board of County Commissioners that Floodplain Hazard areas be designated an area of State Interest and regulated pursuant to the provisions of this Chapter 6. IV. Chapter 6 entitled "Floodplain Regulations'' is hereby amended by the addition of a new subsection (viii) within Section 6-SO1(2) to read as follows; (viii) to review all permit applications which involves a use ox structure enumerated in Sections 6-402(3) and 6-404(3), respectively, of these Floodplain Regula- tions and based thereon, to either approve the application and grant a permit, or deny the application pursuant to Section 6-508 hereinbelow. By reason of the addition of a new subsection (viii) within Section 6-501(2) of the Floodplain Pegulations, -3- the remaining subsection within Section 6-501(2) as set forth in Resolution No. 80-50 is hereby renumbered from Section ~-501(2)(viii) to now read Section 6-501(2)(ix). V. Chapter 6 entitled "Floodplain Regulations" is hereby amended by the addition of a new Section 6-508 to read as follows: 6-508. Simplified Procedure for Uses Allowed in the Floodprone District and Floodfringe District. 1) A simplified procedure is hereby established for applications involving uses or structures enumerated in Sections 6-402(3) and 6-404(3), respectively, of these floodplain regulations. 2) Any Person seeking to engage in development of a use or structure enumerated in Sections 6-402(3) and 6-404(3), respectively, shall apply for a permit from the Environmental Health Officer,on the appropriate form as set forth in Exhibit "6" of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", and maintained in the Environmental Health Office of the Department of Community Development of this County. 3) Not later than ten (10) days following receipt of a completed application for a permit to engage in development of a use or structure enumerated in Sections _L~- 6-402(3) and 6-404(3), respectively, the Permit Authority shall determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Permit Authority non-refundable certified funds in the amount set. Until the fee is paid to the Permit Authority, the application for permit shall not be further processed. 4) An applicant for a permit to engage in develop- ment of a use or structure enumerated in Sections 6-402(3) and 6-404(3), respectively, shall submit to the Environ- mental Health Officer, as a minimum, five (5) copies, of the information, maps, requirements and data set forth in Section 6-504 of these Floodplain Regulations. 5) The Environmental Health Officer may waive any part but not all of the submission regulations imposed by Section 6-501F of this floodplain regulation upon petition of the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will -S- have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Environmental Health Officer, upon a written determination that the information to be submitted is sufficient for the Environmental Health Officer to arrive at a permit decision in full compliance with the law and these Floodplain Regulations and that the pro- posed development will have an insubstantial impact on the surrounding area. 6) All maps required of the applicant shall be in compliance with the provisions set forth in Section 6-507 of these Floodplain Regulations. 7) If an application involves a use or structure enumerated in Sections 6-402(3) and 6-404(3), respectively, the Environmental Health Officer shall within thirty (30) days after the submittal of a completed application and payment of the required fee either: (a) Approve the application and grant a permit if the proposed development complies with Sections 6-402(3) and 6-404(3), respectively, of these Floodplain Regulations. The Environmental Health Officer may attach such conditions of the granting of a permit as he deems necessary in further- ing the purposes of this Floodplain Regulation. (b) Deny the application if the proposed -6- development does not comply with the provisions of Sections 6-402(3) and 6-404(3), respectively, of these rloodplain Regulations. 8) Any decision of the Environmental Health Officer pursuant to this Section 6-508 shall state, in writing, reasons for his decision, and his findings and conclusions, and shall be given to the applicant and the Permit Auth- ority, respectively, within ten (10) days after such decision. 9) The procedures concerning issuance and content of permits, revocation or suspension of permits, and annual review of permits to engage in development of a use or structure enumerated in Sections 6-402(3) and 6-404(3), respectively, shall comply with the provisions set forth in Article 3 of the Administrative Regulations adopted by the County of Eagle. 10) Any person aggrieved by a final decision of the Environmental Health Officer made pursuant to this Section 6-508, may appeal such decision to the Permit Authority. The appeal shall be initiated within thirty (30) days after receipt of such decision by the aggreived person, shall state, in writing, the reasons for the appeal and shall be accompanied by maps, engineering and technical data, and further information supporting the appeal. Upon receipt of an appeal, the Permit Authority -7- shall conduct a public hearing in compliance with the provisions set forth in Article 3 of the Administrative Regulations adopted by the County of Eagle. By reason of the addition of a new Section 6-508 of the Floodplain Regulations, the remaining Section ' within Article 5 of the Floodplain Regulations as set forth in Resolution No. 80-50 is hereby renumbered from Section 6-508 to now read Section 6-509. VI. Chapter 6 entitled "Floodplain Regulations" is hereby amended by the repeal of subsection (1) within amended Section 6-509 entitled "Approval of Permit Application". By reason of the repeal of subsection (1) within amended Section 6-509 of the Floodplain Regulations, the remainder of the subsections within amended Section 6-509 is hereby renumbered from Section 6-509(2), 6-509(3), 6-509(4), 6-509(5), and 6-509(6), respectively, to now read Section 6-509(1), 6-509(2), 6-509(3), 6-509(4) and 6-509(5), respectively. VII. Chapter 6 entitled "Floodplain Regulations" is hereby amended by the repeal and reenactment of subsection (2)(a) within Section 6-504 to read as follows: -8- (2)(a) The boundaries of the existing Floodprone District or the Designated Floodplain District, as appro- priate, along with the boundaries of the Floodway District and Floodfringe District if such have been delineated. -9- entitled "Flood Insurance Study, Eagle County, Colorado, unincorporated areas", dated May, 1980, prepared by Gingery Associates, Inc., under contract with the Federal Insurance Administration. 2. That the additional Floodplain Hazard areas as delineated in the Official Maps and that certain report referred to in the paragraph next above are hereby designated an area of State interest. 3. That the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", as amended by Resolution No. 80-34, Resolution No. 80-50 and Resolution No. 80-62, respectively, is hereby amended as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 4. That the entirety of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", as amended by Resolution No. 80-34, Resolution No. 80-50, and Resolution No. 80-62, respectively, and as herein amended, is hereby readopted. 5. This this amendment and readoption of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", as amended by Resolution No. 80-34, Resolution No. 80-50, and Resolution No. 80-62, respectively, shall not constitute or be construed as a waiver of any violations existing at the time of adoption of this Resolution. 6. That a copy of the above amendments shall be kept in the office of the Board of County Commissioners, County of Eagle, State of Colorado, and the office of Community Development, County of Eagle, State of Colorado, and there may available for public inspection. -6- 7. That a copy of the above adopted Official Maps shall be filed with and be made available for public inspection at the office of the Clerk and Recorder of the County of Eagle and shall also be available for public inspection in the office of the Board of County Commissioners and the office of the Department of Community Development. 8. That should any section, clause, provision, sentence or word of this Resolution, including the attached exhibit, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. 9. That this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County, Colorado. MOVED, READ, AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting held this day of March, 1981. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS ~> ~~ . By : v2 ~ C rk of the B d of unty Commissioners APPROVED AS TO FORM: ~~a ~ ~ ~~~ Beth A. Whittier County Attorney By: Dale F. Grant, hairman -7- ~~~., ~- Kei~k~, Troxel, Coy issioner Dan Wi liams, Commissioner No. 80-25, as amended by Resolution No. 80-34, Resolution No. 80-50, and Resolution No. 80-62, respectively, by adding thereto and inserting therein, amendments to Chapter~6 therein, entitled "Floodplain Regulations"; and WHEREAS, Public Notice of such hearing was published in the Eagle Valley Enterprise at least thirty (30) days prior to but within sixty (60) days of such hearing; and WHEREAS, copies of the proposed Official Maps and the proposed amendments to the Floodplain Regulations have been made available to the public at the office of this Board of County Commissioners and the office of the Department of Community Development continuously from and including the date of first publication of notice of public hearing described in the paragraph next above; and WHEREAS, pursuant to §§ 30-28-111 and 24-65.1-403, respectively, C.R.S. 1973, as amended, the Colorado Water Conservation Board has approved the proposed additional Official Maps; and WHEREAS, the intensity of current and foreseeable development pressures within the County, _applicable guidelines adopted and issued by the Colorado Land Use Commission, proposed model Floodplain Regulations of the Colorado Water Conservation Board, in conjunction with the Colorado Land Use Commission, and the Flood Damage Prevention ordinance proposed by the Federal Insurance Administration were considered; and WHEREAS, this Board has been granted general authority by the State Legislature to adopt such land use regulations; and THE Board having considered all of the testimony, regulations, guidelines, exhibits and other evidence presented -4- at said public hearing; ' DOTH FIND AS FOLLOWS: 1. There are within the unincorporated territory of Eagle County, additional Floodplain Hazard areas which constitute natural hazards of State and local interest; that flooding may cause serious damage to properties and subject residents of such areas to hazards; that the occupation of such areas may cause the loss of human life and the destruction of property; and that the imprudent use and occupation of these areas will pose a continuing and greater future danger to life and property unless appropriate regulations are adopted concerning the use and occupation of such hazards. 2. That the adoption of additional Official Maps delineating Floodplain Hazard areas, the designation of additional Floodplain Hazard areas as an area of State interest and the amendment of the "Floodplain Regulations", comprising Chapter 6 of the adopted "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado", in addition to-the purpose and findings expressed in such Floodplain Regulations, are necessary to achieve the above objectives and to promote the health, welfare and safety of the people of this County and for the protection of the environment of the County. 3. That all requirements of law have been met, all Public Notices required have been given, and a public hearing has been held as required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. That the Official Maps delineating additional Floodplain Hazard areas within the unincorporated territory of the County of Eagle are hereby adopted; said additional Floodplain Hazard areas are defined in that certain report -5-