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
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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
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F
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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-