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Home My WebLink About800754.tiff Booic 1399 1104 ? aeVE0 Awarded et .. r . o ,c.N8201141 :•. mo,X / .ac. .. em N Colorado, W,Id C.,fly ca 6 Rat i RESOLUTION • ' RE: ADOPTION OF AMENDMENTS TO THE WELD COUNTY ZONING RESOLUTION I CONCERNING GEOLOGIC HAZARDS AND FLOODPLAINS. _ T WHEREAS, the Board of County Commissioners of Weld County, ' e . Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the s • affairs of Weld County, Colorado, and . e WHEREAS, the Board of County Commissioners of Weld County, o N Colorado held a public hearing on the 12th day of March, 1980 N o at the hour of 2:00 o'clock p.n. in the Chambers of the Board of County Commissioners for the purpose of considering the b adoption of amendments to the Weld County Zoning Resolution con- N - corning geologic hazards and floodplains, and o . . WHEREAS, said amendments are attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners of Weld County, - Colorado heard all of the testimony and statements of those pre- sent, has studied the proposed amendments to the Weld County . Zoning Resolution, and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the proposed amendments to the Weld County Zoning Resolution ' - are in order, and deems it advisable to adopt the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- - _ - .'- miesioners of Weld County, Colorado that the amendments to the Weld County Zoning Resolution, as presented, be, and hereby are, adopted. -. The above and foregoing Resolution was, on motion duly made • „ and seconded, adopted by the following vote on the 12th day of - . March, A.D., 1980. ' -- /Jw�T((yA6 .}. • BOARD OF COUNTY COMMISSIONERS ATTEST: �'Nl ut Yl.s �OK4s✓ WELD COUNTY, COLORADO L. Weld County C erk and Recorder /� �t.-./-w (Aye) : _ and-ellrk to the Boa C.-N. iir6-y, i aiirman- ' . ' B 1 Q...�.e6. .(7 en (Aye) 4 neon y oun er nard L. Roe, Pro-Ten . (��re A orman r son O . -_ ___ unty At rney A ___ _ i t ar I- 800754 0 f /f/,., 4/ 'ail DATE PRSSORSD$ MARCO 17, 1,10 u S . BOO 898 1820114 _ 'S-a These amendments are hereby certified to the Weld County Board of Commissioners in accordance with thn requirements of Section 30-28-101, et seg., C.R.B. 1973 and in accordance with the recommendations and actions of the Weld County Planning Commis- sion as set forth by Resolution of the Commission this 4th , day of March , A.D., 19 80. �4D. • By rman, Wel my P awning Commission . .i IN WITNESS WHEREOF, I have hereunto set my hand andt-Affixed the , ' seal of Weld County, at Greeley, Colorado, this �/ day of A , A.D., 19_&!.. f).! �� Lounty Clerk . "+41 J •Al.1 By7�p (i1[� /1�VL.r� �J-v1`ks �� bputy County Clerk _ . These amendments are hereby adopted in accordance with the require- , ments of Section 30-28-101, et sue., C.R.B. 1973 by the Weld County Board of Coua yfo®lasioners �s,.pet forth by Resolution of __ _ the and this /,/`fl' ' day of `7/(�.L�45 , A. D., 19j. . • By [n A M Chairman,'Weld unty Commissioners - . IN WITNESS WHEREOF, I have hereunto set my hand and s;taxed the seal flWeld County, at Greeley, Colorado, this /7,W.— day of `99( tin. , A.D., 1911.2. assa• ...._ . .. '� r�{�', CounL Clerk • G i :t/�`./ p i,Cf�`T'Leff7., .A ut unty er O r"898 1820114 . 15-3 • ' c 52.9.3 Any construction approved by the Board of - "" County Commissioners within a regulated GEOLOGIC HAZARD AREA must be supervised by • a qualified professional engineer. Engineering techniques to MITIGATE GEOLOGIC HAZARD conditions at the site must be employed. 52.9.4 Recommendations shall be solicited from the . • • Colorado Geological Survey on all DEVELOPMENT permit applications in which the proposed a DEVELOPMENT would be within a regulated • GEOLOGIC HAZARD AREA. Recommendations must be received within twenty days after they . are requested in order to be considered by the Department of Planning Services in its recommendations concerning the proposed • DEVELOPMENT permit. ,. 52.10 Qualifications of Investigators a 52.10.1 All GEOLOGIC maps and reports required by • these regulations shall be prepared by or r under the direction of, and shall be, signed by a professional geologist as defined by _- Section 34-1-201, et. seq., CRS 1973. • 52.10.2 All engineering work required by these , regulations shall be prepared by or under a the direction of a registered professional engineer as defined in Section 12-25-101, • - et. seq.. CRS 1973. - ._ 52.11 Exemptions. These regulations shall not apply to land uses which do not involve any of the followings 52.11.1 Human habitation. 52.11.2 Concentrations of people. • 52.11.3 Potential HAZARDS to human life or property. 53 Flood Hazard Overlay District I -- 53.1 Findin of Fact. The FLOOD HAZARD AREAS of Weld County - are subject to periodic inundation which results in - health and safety hazards, loss of life and property, • disruption of commerce and governmental services, . extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare of the residents of Weld County. These flood • x898 1820114 1.5 y losses are caused by the cumulative effect of obstruc- tions in FLOOD HAZARD AREAS which increase flood heights • �` • and velocities and damage USES in other areas. USES that are inadequately FLOODPROOFED, ELEVATED or other- wise protected from flood damage also contribute to flood losses. - 53.2 Purpose. The purpose and intent of these floodplain regulations shall be to: 53.2.1 Protect human life; 53.2.2 Minimize the need for rescue and relief • efforts associated with flooding which have historically been undertaken at the expense of the general public; • 53.2.3 Insure that those who occupy FLOOD HAZARD AREAS assume responsibility for their actions; 53.2.4 Minimize expenditure of public money for costly flood control projects; 53.2.5 Minimize prolonged business interruptions; • Y 53.2.6 Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in FLOOD HAZARD AREAS; 53.2.7 Promote the public health, safety and general welfare. 53.3 Disclaimer of Liability. The degree of flood protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and . engineering considerations. Floods larger than the INTERMEDIATE REGIONAL FLOOD can and will occur on rare • occasions. Flood heights may be increased by man-made or natural causes. Nothing in these Regulations shall be construed to mean that land outside the FLOOD HAZARD AREAS or USES permitted within such areas will be free from flooding or flood damages. This Regulation shall not create liability on the part of Weld County, any officer or employee thereof or the Office of Insurance • and Mitigation of the Federal Emergency Management Agency for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. • ` • • ' t • • • O • X898 1820114 lSes- 53.4 Definition of Flood Hazard Districts. There are hereby � established in Weld County, Colorado, two flood hazard overlay zoning districts. These districts are referred to as the Floodway and Floodprone Districts. The Floodway District includes one zone district classification which shall --- be referred to as the FW (Floodway) District. The Floodprone _ District contains two zone district classifications. One zone district shall be referred to as the FP-1 (Floodprone) District and the other shall be referred • to as the FP-2 (Floodprone) District. - -------- 53.4.1 The FW (Floodway) District includes land which is within the high hazard area of • an INTERMEDIATE REGIONAL FLOODPLAIN. This includes the channel of a river or other watercourse and the adjacent land areas required to carry and discharge the largest part of the BASE FLOOD flow. The FW • (Floodway) District is shown on the Official Weld County Flood Hazard Overlay District Zoning Maps. • - 53.4.2 The Floodprone District includes all the land within the INTERMEDIATE REGIONAL FLOODPLAIN which is outside of the desig- nated FW (Floodway) District on the Official • Weld County Flood Hazard Overlay District Zoning Maps. The Floodprone District is a - lower hazard area which serves primarily as • a storage area for the floodwaters of an INTERMEDIATE REGIONAL FLOOD. The Flood- prone District zone classifications FP-1 and FP-2 are shown on the Official Weld County Flood Hazard Overlay District Zoning • Maps. • 53.4.2.1 The FP-1 (Floodprone) District as shown on the Official Weld County Flood Hazard Over- lay District Zoning Maps corresponds to — Zone A on the Federal F]oergency Management Agency's Flood Insurance Rate Maps. The FP-1 District includes the approximate area • of the 100-YEAR FLOODPLAIN where the BASE • FLOOD WATER SURFACE ELEVATIONS and other flood hazard factors have not been determined. 53.4.2.2 The FP-2 (Floodprone) District as shown on the Official Weld County Flood Hazard Overlay District Zoning Maps corresponds to Zones AO through A30 on the Federal Emergency Management Agency's Flood • * ICC*898 1820144 is-G Boundary and Floodway Naps and the Flood Insurance Rate Naps. The AO zone is described as an area of the 100-YEAR FLOOD PLAIN where shallow flooding may occur. Zones Al through A30 are described as areas of the 100-YEAR FLOODPLAIN where BASE FLOOD WATER SURFACE ELEVATIONS are shown and flood hazard factors have been determined. 53.5 Interpretation and Application 53.5.1 The REGULATORY FLOOD DATUM in the FP-2 and 1W Districts shall be determined by adding one (1) foot to the WATER SURFACE ELEVATIONS or FLOOD WATER DEPTH figures as shown on the Official Flood Hazard Overlay District Zoning Maps. The REGULATORY FLOOD DATON in the FP-1 District shall be determined by adding one (1) foot to the WATER SURFACE ELEVATIONS or FLOOD WATER DEPTH figures determined as a result of a floodplain study conducted under the requirements of this Ordinance. 53.5.2 Nothing in these regulations shall be con- strued as exempting an applicant for a Flood Hazard Development Permit from any other Weld County regulatory requirements. 53.5.3 The LOWEST FLOOR ELEVATION of STRUCTURES Without a BASEMENT shall be considered to be the elevation, above mean sea level, of the • toopp of the FOUNDATION of the STRUCTURE. The LOWEST FLOOR ELEVATION of STRUCTURES with a RASENEIIT shall be considered to be the elevation above mean see level of the floor of the elevation_ , of the SiROLIUAS. The twin FLOOR ELEVATION of a mobile home shall be considered to be the elevation, above omen see level, of the MILL NOS PAD. 53.5 yw (Ploodwar) District dlewd s3.S.l right•erm�cted, d listed and ST SPECIAL RE9IZW AinnC the dIAIDERSYfNO 20NIN0 DISTRICT District�;ct to thetheme follloowing�cond) itions. o 898 1820114 IS-7 53.6.1.1 USES allowed shall conform to the require- - ments of the UNDERLYING ZONING DISTRICT. 53.6.1.2 USES allowed in the UNDERLYING ZONING DISTRICT which require a building permit or mobile home permit shall, in addition, obtain a Flood Hazard Overlay District Development Permit. Any USE which results in an ALTERATION or RELOCATION of a WATER- COURSE within the FW (Floodway) District shall receive a Flood Hazard Overlay District Development Permit. 53.6.1.3 All new construction or SUBSTANTIAL IM- • PROVEMENT of STRUCTURES in the FW (Floodway) District which requires a building permit or mobile home permit shall be FLOODPROOFED to the level, or above, of the REGULATORY FLOOD DATUM in the following manner: 53.6.1.3.1 All new construction or SUBSTANTIAL IM- PROVEMENT of DWELLING UNITS shall have the LOWEST FLOOR ELEVATED to, or above, • the REGULATORY FLOOD DATUM. • ' 53,6.1.3,2 New construction or SUBSTANTIAL IMPROVEMENT of STRUCTURES other than DWELLING UNITS shall be FLOODPROOFED either by ELEVATING the • - STRUCTURE or by making the STRUCTURE WATERTIGHT below the REGULATORY FLOOD DATUM. 53.6.1.4 No USE shall be permitted which would result in any increase in flood water levels during an INTERMEDIATE REGIONAL FLOOD. • 53.6.1.5 All new or replacement domestic water wells -or water supply, storage, treatment and distribution systems shall be designed and built to prevent inundation or infiltration • of floodwater into such systems by an • _ . INTERMEDIATE REGIONAL FLOOD. 53.6.1.6 All new or replacement sanitary sewer • treatment systems shall be designed and • , built to prevent inundation or infiltration -. of floodwater into such systems and to • prevent discharges from such systems into • the floodwaters of an INTERMEDIATE REGIONAL - • - - FLOOD. m. • O ' • 0 - • O 1 `will • 't 4898 1820114 /S-g 53.6.1.7 Land within the FW (Floodway) District shall not be used for the storage or placement of the following: flammable or explosive materials, sand and gravel and other mineral deposits, FILL material, and materials that, ' in times of flooding, are bouyant. 53.7 FP-1 and FP-2 (Floodprone) Districts , 53.7.1 Uses Permitted. USES listed as allowed by right, ACCESS RY USES and Uses by Special Review in the UNDERLYING ZONING DISTRICT may be permitted in the FP-1 and FP-2 • (Floodprone) Districts subject to the , _. following conditions: 53.7.1.1 USES allowed shall conform to the require- ments of the UNDERLYING ZONING DISTRICT. 53.7.1.2 USES allowed in the UNDERLYING ZONING DISTRICT which require a building permit • or mobile home permit shall, in addition, ' obtain a Flood Hazard Overlay District Development Permit. Any USE which results in an ALTERATION or RELOCATION of a WATER- . COURSE within the FP-1 and FP-2 (Flood- pprone) Districts shall receive a Flood HazarA Overlay District Development Permit. 53.7.1.3 All new construction or SUBSTANTIAL IMPROVEMENT of STRUCTURES in the FP-1 and y • • FP-2 (Floodprone) Districts which requires a building permit or mobile home permit shall be PLOODPROOFED to the level, or above, of the REGULATORY FLOOD DATUM. New • • construction or SUBSTANTIAL IMPROVEMENT of • . all STRUCTURES which require a building • permit or mobile home permit may either be • • ELEVATED to the level, or above, of the REGULATORY FLOOD DATUM or may be designed and built to be WATERTIGHT below the level + of the REGULATORY FLOOD DATUM in order to M1 be FLOODPROOFED. 53.7.1.4 STRUCTURES which are designed to be WATER- TIGHT below the level of the REGULATORY -- - -. -.-- FLOOD DATUM shall be designed and built to _. be capable of resisting the hydrostatic and _ hydrodynamic forces expected at the building site during an INTERMEDIATE REGIONAL FLOOD. . 1 • • • -- 4, - • • 898 1820314 ;. • 45- 5 3.7.1.5 All new or replacement domestic water wells or water supply storage, treatment and distribution systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems by an ' INTERMEDIATE REGIONAL FLOOD. 53.7.1.6 All new or replacement sanitary sewer • treatment systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharges from such systems into • the floodwaters of an INTERMEDIATE REGIONAL FLOOD. .• r • • • 1 • • • • fir • . _ 2 X898• 1820114 /S-/D 25 Flood Hazard Overlay District Development Permit 25.1 Intent. The intent of the Flood Hazard Overlay District e5 velopment Permit is to ensure that proposed building sites, DEVELOPMENTS and STRUCTURES which are to be located within the FB (Floodway) District and FP-1 and FP-2 (Floodprone) Districts are safe from flooding. 25.2 Ay livability. No building permit or mobile home permit shall be issued nor shall any building or STRUCTURE .,, which requires a building permit or mobile home permit be erected, constructed or SUBSTANTIALLY IMPROVED within the FW (Floodway) District and FP-1 and FP-2 (Floodprone) Districts until a Flood Hazard Overlay District Development Permit for such a building or STRUCTURE has been z,.• approved by the Department of Planning Services. Any person filing an application for a Flood Hazard Overlay District Development Permit for a STRUCTURE or mobile home is required to comply with the procedures and application requirements listed in this Section 25, et. seq. Any person filing an application for a Flood Hazard Overlay District Development Permit which involves only the • • ALTERATION OR RELOCATION OF A WATERCOURSE is required to comply only with the application requirements listed in Section 25.4.8, et. seq. • 25.3 Duties of the Department of Planning Services 25.3.1 The Department of Planning Services shall review the Flood Hazard Overlay District Development Permit application and determine if the application requirements of this Section• have been met by the applicant. If the application is not complete as required the applicant shall be notified of specific • deficiencies. • 25.3.2 Thu Department of Planning Services may forward copies of the complete application _- to any group or agency whose review and comment is deemed appropriate by the • Department of Planning Services. The group or agency to whom the application is referred shall review the application • to determine compliance of the application - . -._. with any standards of the group or agency. The failure of a group or agency to respond .. . within ten (10) working days shall be deemed ',4 to be a favorable response to the Department • of Planning Services. The reviews and comments solicited by Weld County are intended to provide the Department of Planning Services with information related to the proposed • gis a • • 898 1820114 scOt /S-// Flood Hazard Overlay District Develop • - . ment Permit. Weld County may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the Department of Planning Services. The authority and responsibility for making the decision to approve, approve subject to conditions, or deny the Flood Hazard Overlay District Development Permit application rests with the Department of Planning Services. 25.3.3 As soon as practicable after a decision has been reached, the Department of Planning Services shall notify the applicant in writing of the action taken on the Flood Hazard Overlay District Development Permit. J 25.3.4 In case of disapproval the Department of Planning Services shall notify the applicant and shall specifically indicate the reasons for the decision. - • 25.3.5 In case of approval the Department of Planning Services shall affix to the • appropriate building permit or mobile home permit application a certification of • approval of the Flood Hazard Overlay District Development Permit. This certification of approval shall include the signature of the Department of Planning Services authorized representative, a list of any conditions imposed as a part of the Flood Hazard Overlay District Development Permit • approval and one copy of the information • . submitted by the applicant as a part of the Flood Hazard Overlay District Develop- ment Permit application. - - e • • Of. 898 1820114 /S-/a 25.4 Standards. The Department of Planning Services shall not issue a Flood Hazard Overlay District Development Permit until it has determined that all applicable standards specified in this section have been met by the applicant. • 25.4.1 The applicant has met all applicable conditions listed in Sections 53.6 et. seq. and 53.7, et. seq. of this Ordinance. 25.4.2 A registered professional engineer has certified that all STRUCTURES which are ELEVATED in order to be FLOODPROOFED are designed so the LOWEST FLOOR is ELEVATED to, or above, the REGULATORY FLOOD DATUM. The certification shall state the elevation of the Regulatory Flood Datum at the building site and the proposed elevation of • the LOWEST FLOOR of the STRUCTURE. • 25.4.3 A registered professional engineer shall certify that all STRUCTURES which are not ELEVATED in order to be FLOODPROOFED are designed so the STRUCTURE is WATERTIGHT below the elevation of the REGULATORY FLOOD DATUM • and that the STRUCTURES are designed to be capable of resisting the hydrostatic and hydrodynamic forces expected at the building site during an INTERMEDIATE REGIONAL FLOOD. The certification shall include the elevation above Mean Sea Level of the REGULATORY FLOOD DATUM at the building site and the proposed elevation of the lowest floor of the structure. 25.4.4 A registered professional engineer shall certify that all new or replacement domestic water wells or water supply, treatment, or storage systems are designed to prevent • • inundation or infiltration of floodwater into such system by an INTERMEDIATE REGIONAL FLOOD. 25.4.5 A registered professional engineer shall certify that all new or replacement sanitary sewer systems are designed to prevent inundation or infiltration of floodwater into such system and to prevent discharges • from such systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD. 25.4.6 If the proposed USE or STRUCTURE is to be • located in the FW (Floodway) District, a • registered professional engineer shall certify that the proposed USE or STRUCTURE, when built, will not cause any increase in - floodwater levels during an INTERMEDIATE REGIONAL FLOOD. • • • a 4 soot 898 1820114 /5-13 ' 25.4.7 If the proposed USE or STRUCTURE is to be - located in the FN (Floodway) District, a registered professional engineer shall - certify that the proposed USE or STRUCTURE, when built, will not limit or restrict the flow capacity of the floodway. 25.4.8 If FILL material is to be used to elevate a STRUCTURE in the FP-1 or FP-2 (Floodprone) ' Districts a registered professional engineer shall certify that the FILL material is ' designed to withstand the erosional forces . associated with an INTERMEDIATE REGIONAL FLOOD at the building site. - 25.4.9 Any USE or DEVELOPMENT which causes or results in an ALTERATION OR RELOCATION OF A WATER COURSE shall comply with the require- . ments listed below. If the USE or DEVELOP- - MENT does not include any new construction w or SUBSTANTIAL IMPROVEMENT of STRUCTURES and it only includes the ALTERATION OR RELOCATION of a WATERCOURSE, compliance with the following standards is the only • • requirement which needs to be met before the Department of Planning Services may issue a Flood Hazard Overlay District Development Permit. The applicant shall provide evidence that: -- 25.4.9.1 Municipalities within a three mile radius of the proposed ALTERATION OR RELOCATION • have been notified in writing of the proposed ALTERATION OR RELOCATION. 4 25.4.9.2 The Colorado Water Conservation Board has been notified in writing of the proposed ALTERATION OR RELOCATION. . 25.4.9.3 The office of Insurance and Mitigation of the - Federal Emergency Management Agency has been notified in writing of the proposed Al.:RATION OR RELOCATION. 25.4.9.4 A registered professional engineer shall _ certify that the flood carrying capacity within the ALTERED OR RELOCATED portion _ of the WATERCOURSE will remain the same _- - - after the ALTERATION OR RELOCATION as existed _ - prior to the ALTERATION OR RELOCATION. The certification shall also provide evidence . • which substantiates that the ALTERATION OR RELOCATION shall not adversely affect land- owners upstream or downstream from the ALTERATION OR RELOCATION. 9 • • • s . er0 898 1820114 • /S -is . ,_ _ 25.5 Application Requirements. Flood Hazard Overlay District Development Permit applications submitted for review shall include the following information. Applications containing less than the specified requirements shall not be accepted - for review unless the applicant has submitted to and had . approved by the Department of Planning Services written justification as to why a particular requirement does not -' pertain to the proposed development. .. e • 25.5.1 The applicant shall provide a map which accurately displays the following information. The map shall be twenty-four (24) inches high by thirty-six (36) inches wide. It shall be ' drawn in ink on mylar or other reproducible material approved by the Department of Planning Services. 25.5.1.1 The name and address of the property owner. 25.5.1.2 A legal description which describes the - Section, Township and Range of the property. . 25.5.1.3 Scale and north arrow. • 25.5.1.4 Existing ground elevations, above mean sea level, at the building site. This information shall be certified to be accurate by a registered professional engineer or a licensed surveyor. i • 25.5.1.5 WATER SURFACE ELEVATIONS of the INTERMEDIATE A a - REGIONAL FLOOD at the building site. This • information shall be certified to be accurate . by a registered professional engineer or licensed surveyor. 25.5.1.6 Boundaries of the FP-1, FP-2 (Floodprone) • or FW (Floodway) Districts on the property. The boundary of the FW (Floodway) District • . need be shown only if the information is available on the Official Weld County Flood - Hazard Overlay District Zoning Maps. 25.5.1.7 A plot plan which shows the location, shape, . -_ exterior dimensions and distance from lot - ------�---_- _ or property lines of each proposed STRUCTURE. 25.5.1.8 Proposed vehicular access to the property. 25.5.1.9 A narrative report or graphic description • which explains how the standards of Section ---- 25.4, et. seq. of the Ordinance will be • met by the applicant. • t _ • • • ♦ - O • 1820114 • °`4898 15- 15 25.5.1.10 Any other relevant information which may be required by the Department of Planning • Services. 25.5.2 If an application does not include the - -- - construction or SUBSTANTIAL IMPROVEMENT of any STRUCTURES but it does include the ALTERATION OR RELOCATION OF A WATERCOURSE the applicant need only substantiate that • the standards specified in Section 25.4.8 et. seq. have been met. • f , r 0 • • • r • y a - Hello