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HomeMy WebLinkAboutR84-31 amending 1041 guidelinesA Commissioner M Orr moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 84- -:31 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, AS AMENDED BY RESOLUTION NOS. 80 -34, 80 -50, 80 -62, 81 -11, AND 84 -20, RESPECTIVELY. WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), is authorized pursuant to Article 65.1, Title 24 of the Colorado Revised Statutes, to establish and designate certain areas and activities of State interest; 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 exercise other powers in connection therewith; and WHEREAS, the Board on April 14, 1980, pursuant to Resolution No. 80 -25, established and designated 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; adopted regulations and guidelines to be used in connection with matters of State interest; established the Board "3 j 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, the Board on June 6, 1980, pursuant to Resolution No. 80 -34, amended Resolution No. 80 -25 to reflect technical changes recommended by the Colorado Land Use Commission; and WHEREAS, the Board on September 24, 1980, pursuant to Resolution No. 80 -50, adopted Floodplain Regulations for the County of Eagle, State of Colorado, including the adoption of Official Maps delineating Floodplain Hazard areas within the unincorporated territory of the County of Eagle; designation of Floodplain Hazard areas as an area of State interest; and the adoption of Regulations and Guidelines to be used in connection therewith; and WHEREAS, the Board on December 1, 1980, and March 2, 1931, pursuant to Resolution Nos. 80 -62 and 81 -11, respectively, amended the aforementioned Floodplain Regulations to reflect technical changes recommended by the Colorado Land Use Commission and the Eagle County Environmental Health Office; to adopt additional Official Maps delineating additional Floodplain Hazard areas within the unincorporated territory of the County of Eagle, State of Colorado, and in conjunction therewith, to designate such additional Floodplain Hazard areas as an area of State interest; and WHEREAS, the Board on May 9, 1984, pursuant to Resolution No. 84 -20, substantively amended Chapters 1, 2, 3, 4, and 5, respectively, of the Guidelines and Regulations for Areas and Activities (2) i of State Interest of the County of Eagle, State of Colorado; and WHEREAS, the Board desires to substantively amend the Floodplain Regulations, Chapter 6 of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado; to adopt additional Official Maps delineating additional Floodplain Hazard areas within the unincorporated territory of the County of Eagle; and to designate additional Floodplain Hazard areas as delineated on such additional Official Maps as an area of State interest, as the foregoing are more specifically identified and detailed in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, public notice of the hearing before the Board to consider the aforementioned amendments was duly 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 amendments have been made available to the public at the offices of the Board and the Eagle County 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, the intensity of current and foreseeable development pressures within the County, applicable guidelines adopted and issued by the Colorado Land Use Commission, the model Floodplain Regulations of the Colorado Water Conservation Board, in conjunction with the Colorado Land Use Commission, and the Flood Damage Prevention ordinance of the Federal Insurance Administration were considered; and WHEREAS, the Board has bee authority by the State Legislature proposed amendments as set forth in (3) n granted general to adopt such Exhibit A; and l Y F s WHEREAS, the Board 'having considered all of the testimony, guidelines, exhibits and other evidence presented 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 by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Official Maps delineating additional Floodplain Hazard areas within the unincorporated territory of the County of Eagle as identified in Exhibit A attached hereto and incorporated herein by this reference, are hereby adopted. (4) THAT, the additional Floodplain Hazard areas as identified in Exhibit A attached hereto are hereby designated an area of State interest. THAT, the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, 81 -11, and 84 -20, respectively, is hereby amended as set forth in Exhibit A attached hereto. THAT, the entirety of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, 81 -11 and 84 -20, 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, Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, 81 -11 and 84 -20, respectively, shall not constitute or be construed as a waiver of any violation existing at the time of adoption of this Resolution. THAT, the regulation of those areas identified in the Official Maps and Floodplain Hazard areas adopted and designated by this Resolution and Exhibit A shall not be effective until the Colorado water Conservation Board has approved of the same pursuant to Sections 30 -28 -111 and 24- 65.1 -403, respectively, C.R.S. 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 (5) is declared to be severable. THAT, a copy of the above amendments shall be kept in the office of Community Development, County of Eagle, State of Colorado, and there made available for public inspection. THAT, a copy of the above adopted Official Maps shall be filed with and 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 Community Development, County of Eagle, State of Colorado. THAT, this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 27th day of June, 1984. y ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By: Bd -IJ,il, Y U- I- , Cleric of the Board of County Commissioners (6) W. `e`ith Tro:iel, Chairman Dan W Zia *ns, Commissioner David E. Mott, Commission Commissioner ///,)9 S seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner W. Keith Troxel Commissioner Dan Williams Commissioner David E. Mott This Resolution adopted by � b /lS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. (7) EXHIBIT A AMENDMENTS TO CHAPTER 6, FLOODPLAIN REGULATIONS, OF THE GUIDELINES AND REGULATIONS FOR AREAS AND ACTIVITIES OF STATE INTEREST OF THE COUNTY OF EAGLE, STATE OF COLORADO Section No. Change 6.06.03(7) Definitions. 6- 103(7) "Development" means any construction or activity that changes the basic character, use or the topogph of the land on which the construction orar activity occurs, including, but not limited to, any man -made change to improved or unimproved real estate, construction or substantial improvement of buildings or other structures; mining, dredging, filling, grading paving excavation, or rillin o erations; dam, wall, embankment, levee dike, pile abutment, projection, excavation channel rectification, ridge, culvert. fence. fill_ 6.06.03(12) Change definition of "floodplain" in 6- 103(12) subsection (12) to read as follows: " Floodplain" means an area of land periodically subject to partial or complete inunaation rrom a loo . 6.06.03(15) Change third sentence of the definition 6- 103(15) "Floodway District (FWD)" in subsection (15) to read as follows: Specifically, a Floodway District may-be defined as the stream channel plus any' The first reference to the Section No. is to the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, as numbered in the Eagle County Land Use Regulations, 1982, as amended. The second reference is to the subject Guidelines and Regulations as numbered in the official adoption thereof. Section yo. Chaff adjacent floodplain areas that must be kept free of development so the base flood can pass with no more than a .5 foot increase in the water surface elevation or the energy grade line, providing hazardous velocities are not produced. 6.06.03(20) Delete in its entirety the definition of 6- 103(20) "habitable floor" in subsection (20) and, in its place, add a new definition for "lowest floor" in subsection (20) to read as follows: "Lowest Floor" means the lowest floor of a building which must be located at or above the 100 year flood elevation also called the base flood level). FloodpIain mana ement o is re wires that al floor evels oY a buil in 2e pt those exclusivel use or parking of vehicles i.e., ara es , limited stora e r buil in access i.e., stairs, e eva o ts tor sha , etc be elevated to or above the base flood elevation. 6.06.03(26) Add a new subsection (26) to incorporate a 6- 103(26) definition for "Start of Construction" to read as follows: "Start of Construction" means the first lacement of ermanent construction o a rimar structure other than a mobile home on a site, such as the ourin o s a s or footin s or first ermanent tra min of the structures or any work be yon the stage or excavation. For mobile homes, start or construction means the date of the a ixin of the mobile home to its permanent site or have the ate or completion or the mobile home park, whichever is earlier. Renumber existing subsections (26), (27) and (28) as (27), (28) and (30), respectively. -2- Section No. Change 6.06.03(27) Change the definition of "Structure" now in 6- 103(27) subsection (27) to read as follows: "Structure" means a generally walled and roofed building that is normally primarily above ground and affixed to a permanent site, including earth sheltered structures, open pavilions, mobile homes, gas an iquio storage tanks, agricultural stora e tanks for chemicals such as esticides or ertilizers, septic tanks, and sewage treatment For those uses not enumerated in subsections (2) and (3), respectively, in Section (6.06.17) (6 -402) of these Regulations, to request the Permit Authority to cause a determination to be made as to whether the site for the proposed development is located in a Floodway District, the Floodfringe District or outside the base floodplain pursuant to Section (6.06.17(5) and (6)) (6- 402(5) and (6)) o t ese regulations. -3- facilities. 6.06.03(29) Add a new subsection (29) to incorporate a 6- 103(29) a definition for "Use" to read as follows: "Use" means any man -made or man - caused activity, or structure on a parcel o land whether temporary or permanent. 6.06.15(1)(d) Add a new subsection (1)(d) to read as follows: 6- 304(1)(d) United States Department of the Interior Geological Survey Maps of Flood Prone areas for the Basalt Quadrangle, Eagle Quadrangle rawaras uaaran 1e, Gy sum Qua ran 1e, Minturn Qua rang e, and Wolcott Quadrangle. Renumber existing subsection (1)(d) as (1) (e) . 6.06.21(2)(g) Change subsection (2)(g) and (2)(vii) 6- 501(2)(vii) respectively, to read as follows: For those uses not enumerated in subsections (2) and (3), respectively, in Section (6.06.17) (6 -402) of these Regulations, to request the Permit Authority to cause a determination to be made as to whether the site for the proposed development is located in a Floodway District, the Floodfringe District or outside the base floodplain pursuant to Section (6.06.17(5) and (6)) (6- 402(5) and (6)) o t ese regulations. -3- Section No. Change 6.06.21(2)(h) Change subsection (2)(h) and (2)(viii), 6- 501(2)(viii) respectively, to read as follows: To review all permit applications which involve a use or structure enumerated in Sections (6.06.17(3) and (4), 6.06.18(3), 6.06.19(3 an 4 an 0 an (6 -402 3) and "',2'-'U3(3)' - 404(3) and-T4) an -405 1 an , respectively, ot these F oo plain Regu ations and based thereon, to either approve the application and grant a permit, or deny the application pursuant to Section (6.06.28) (6 -508) hereinbelow. 6.06.28 Change the title of this section to read as 6 -508 follows: Procedure for a lications submitted in accordance with Section .0 .21 6.06.28(1), (2), Change the reference to Sections (6.06.17(3) (3), (4), (7), and 6.06.19(3)) (6- 402(3) and 6- 404(3), and (9) respectively, in subsections (1), (2), (3), 6- 508(1), (2), (4), (7), and (9), to read as follows: (3), (4), (7) Sections (6.06.17(3) and (4), 6.06.18(3), and (9) 06. and 4 an and 11 6.06.28(7)(a) and (b) 6- 508(7)(a) and (b) 6.06.23(1) 6- 503(1) 6.06.28(2) 6- 508(2) Change the reference to Sections (6.06.17(3) and 6.06.19(3)) (6- 402(3) and 6- 404(3)) in subsections (7)(a) and (b) to read as follows: Sections (6.06.29(2) and (3)) (6- 509(2) and Change the reference to "Exhibit 6 ".to read as follows: "Exhibit 6 -F.P." -4- Section No. Change 6.06.31(2) Change subsection (2) to read as follows: 6- 602(2) An application for a variance to these Floodplain Regulations shall be accompanied by non - refundable fees in the amount of Thirt -Fid 00/100 Dolrs ($35.00), but in no event ve s anhall such mla aount exceed the cost incurred in the review and approval or disapproval of the variance application, including all hearings conducted therefor. Exhibit 6 Replace the present Exhibit 6 to the Floodplain Regulations with Exhibit 6 -F.P. attached hereto. -5-