HomeMy WebLinkAboutR80-62 Readopting and Amending Guidelines for 1041' � a
RESOLUTION
OF THE
BOARD OF COUNTY COlvg4ISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 80- U oZ.
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 NO. 80 -25,
AM AMENDED BY RESOLUTION NO. 80 -34 AND RESOLUTION NO. 80 -50,
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 wat;:r
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 "Guidelines and Regulatio -�s for Areas and Activit.'.es
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 seq., C.R.S. 1973, as amended, and upon the receipt of the
Colorado Land Use Commission's recommendations, the Board on
June 6, 1980, 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 Flood-
plain Hazard areas as an area of State interest; and
IvHEREAS, 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, the Board submitted Resolution No. 80 -50
and relevant materials thereto to the Colorado Land Use
Commission pursuant to § 24- 65.1 -101 et see., C.R.S. 1973,
as amended, and the rules and regulations of the Land Use
Commission; and
WHEREAS, the Colorado Land Use Commission at its
regular meeting of October 24, 1980, reviewed Resolution No.
80 -50 and recommended technical changes to said Floodplain
Regulations; and
WHEREAS, the Board finds that it is necessary and
in the public interest to amend and readopt 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 and Resolution No. 80 -50, respectively,
to reflect the technical changes as recommended by the Colorado
Land Use Commission.
NOW, THEREFORE, be it resolved by the Board of
County Commissioners, County of Eagle, State of Colorado;
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 and Resolution
No. 80 -50, respectively, is hereby amended as set forth in
Exhibit "A" attached hereto and incorporated herein by this
reference.
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
and Resolution No. 80 -50, respectively, and as herein amended, is
hereby readopted.
THAT, 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
I
No. 80 -34 and Resolution No. 80 -50, respectively, shall not
constitute or be construed as a waiver of any violations existing
at the time of adoption of this Resolution.
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.
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 lst day of December, 1980.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: A. /'; , r ::: � 0"" ( �
Dale F. Grant, Chairman
ATTEST:
Keith Troxel, Commissioner
zz-
BY :
C" rk of the Board of
ounty ommissio ers
n�Wi
Dal Tams, Commissioner
$e
EXHIBIT "A"
TO RESOLUTION SO-
(Amendments to the "Guidelines and Regulations for Areas and
Activities of State Interest for the County of Eagle, State
of Colorado ", Resolution No. 80 -25, as amended by Resolution
No. 80 -34 and Resolution No. 80 -50, respectively.)
I. Chapter 6 entitled "Floodplain Regulations ", is hereby
amended by the addition of a new subsection (2) within
Section 6 -402 to read as follows:
(2) No person shall engage in development of any kind,
whether a conforming or nonconforming use or
structure, within a Floodprone District without
first obtaining a permit pursuant to these
Floodplain Regulations.
By reason of the addition of a new subsection (2) within
Section 6 -402 of the Floodplain Regulations, the remainder
of the subsections within Section 6 -402 as set forth in
Resolution No. 80 -50 are hereby renumbered from Section
6- 402(2), 6- 402(3), 6- 402(4), 6- 402(5), 6- 402(6), and
6- 402(7), respectively, to now read 6- 402(3), 6- 402(4),
6- 402(5), 6- 402(6), 6- 402(7), and 6- 402(8), respectively.
II. Chapter 6 entitled '.'Floodplain Regulations ", is hereby
amended by the addition of a new subsection (2) within
Section 6 -403 to read as follows:
(2) No person shall engage in development of any kind,
whether a conforming or nonconforming use or
structure, within a Floodway District without
first obtaining a permit pursuant to these Flood-
plain Regulations.
i
By reason of the addition of a ne•r subsection (2) within
Section 6 -403 of the Floodplain Regulations, subsection
(2) as set forth in Resolution No. 80 -50 is hereby renumbered
to now read Section 6- 403(3),
III. Chapter 6 entitled "Floodplain Regulations ", is hereby
amended by the addition of a new subsection (2) within
Section 6 -404 to read as follows:
(2) No person shall engage in development of any
kind, whether a conforming or nonconforming
use or structure, within a Floodfringe District
without first obtaining a permit pursuant to
these Floodplain Regulations.
By reason of the addition of a new subsection (2) within
Section 6 -404 of the Floodplain Regulations, the remainder
of thesubs.ecti.ons within Section 6 -404 as set forth in
Resolution No. 80 -50, are hereby renumbered from Section
6- 404(2) and 6- 404(3), respectively, to now read Section
6- 404(3) and 6- 404(4), respectively.
IV. Chapter 6 entitled "Floodplain Regulations ", is hereby
amended to renumber Section 6 -507 entitled "Waiver of
Submission Requirements" as set forth on page 22 of the
Floodplain Regulations to now read Section 6 -506.