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HomeMy WebLinkAboutR99-027 floodplain development & bridge to Diamond S Ranchu Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF.COLORADO RESOLUTION NO. 99 - 69� APPROVAL OF A PETITION TO GRANT A FLOODPLAIN DEVELOPMENT PERMIT IN ACCORDANCE WITH SECTIONS 6.06.22 THROUGH 6.06.30 OF THE FLOODPLAIN REGULATIONS IN ORDER TO CONSTRUCT A NEW BRIDGE AND REMOVE THE EXISTING BRIDGE ACROSS THE EAGLE RIVER PROVIDING ACCESS TO THE DIAMOND S RANCH. File Number FDP -0002 WHEREAS, John Bourassa, (hereinafter "Applicant "), submitted to the Eagle County Department of Community Development a Peti- tion to grant a Floodplain Development Permit ( "Petition ") in accordance with Sections 6.06.22 through 6.06.30 of the Eagle County Land Use Regulations ( "ECLURs ")in order to construct a new bridge and remove the existing bridge across the Eagle River providing access to the Diamond S Ranch; and WHEREAS, the Eagle County Board of County Commissioners ( "the Board ") sitting as the Permit Authority is vested with the power to grant a Floodplain Development Permit pursuant to Section 6.01.08 of the ECLURs; and WHEREAS, the Eagle County Planning Commission conducted a public hearing on February 3, 1999, after publication and notice as required by law, to consider Applicant's Petition; and WHEREAS, said Planning Commission recommended that the Permit Authority approve the granting of a Floodplain Development Permit subject to certain conditions; and WHEREAS, the Board, in its capacity as the Eagle County Permit Authority, conducted a public hearing on February 16, 1999 tc consider the Applicant's petition; and WHEREAS, the Eagle County Engineering Department has re- viewed the Floodplain Development Permit and the request for 1 111111111111111111 III 11111 111111111111 III 111111111 IN 688226 03/01/1999 02:53P 370 Sara Fisher 1 of 4 R 0.00 D 0.00 N 0.00 Eagle CO CLOMR and them to be in conformance with the Eagle County Floodplain regulations; and WHEREAS, the CWCB has reviewed the same as required by the Eagle County Floodplain Regulations and has submitted a referral letter; and WHEREAS, the application for CLOMR has been submitted to FEMA and is under consideration with only a request for three minor items of additional information. THAT, pursuant to Section 6.06.20 of the ECLUR "Use Regula- tions in a Floodfringe District" the Board makes the following pertinent findings: 1. Item 3)a -c) No adverse impacts are or will be caused by this project. 2. Item 4)g) The use of bridge is an allowed use in this district. THAT, pursuant to Section 6.06.30 of the ECLUR "Approval of a Permit Application" the Board makes the following pertinent findings: 1. Item 2)a) The applicant has submitted the required informa- tion and complied with all the requirements set forth in Section 6.06.24 and 6.06.25. 2. Item 2)c) The project does not violate the purpose or intent of these regulations. 3. Item 2)e) The public and private facilities located across the district have been designed by a professional engineer and certified that the flood hazard has been appropriately considered in order to minimize or eliminate flood damage. 4. Item 2)g) The construction has been designed using floodproofed or flood resistant methods. 5. Item 2)k) The design takes into account the potential impact on downstream communities during times of flooding and reduces such impact. 2 NOW, THEREFORE be it resolved by the Board of County Commis- sioners of the County of Eagle, State of Colorado: THAT, The Board hereby approves the Applicant's pe'_ition to grant a Floodplain Development Permit in order to construct a new bridge and remove the existing bridge across the Eagle River providing access to the Diamond S Ranch and other properties in accordance with Sections 6.06.22 through Section 6.06.30 of the ECLURs subject to the following conditions: 1. Any conditions noted on the Conditional Letter of Map Revi- sion (CLOMR) at its receipt from the Federal Emergency Management Agency (FEMA)will be a part of the Floodplain Development Permit. 2. The existing bridge will be demolished and the floodplain rehabilitated as shown in the proposal immediately after the proposed bridge is put into service. 3. Because the proposed bridge is located in the unincorporated area of Eagle County and is covered by the Eagle County Floodplain Regulations, and because it is located in the 100 year floodplain adjacent to property which could be affected by changes in the floodplain, the project shall be collater- alized to assure compliance with the approved plans and the proper restoration of the floodplain at completion of the Project. 4. A reclamation plan will be submitted with the building permit application. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 3 z MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the _ day of 1999, nunc pro tunc February 16, 1999. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: -400 BOARD OF COUNTY COMMISSIONERS Sara J. Fisher Clerk to the Board of County Commissioners By: Johnnette Phillips, Cha,rman 7& Tom C. Stone, Commissioner E. Johpi§on, Jr. Commissioner seconded adoption of the foregoing resolution. Arhe roll having been called, the vote was as follows: Commissioner, Johnnette Phillips 9:��L Commissioner, Tom C. Stone a /4Z Commissioner, James E. Johnson, Jr. This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4