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HomeMy WebLinkAboutR92-004 amending LUR's for control of pollution caused by wood smoke0 #f>6570 B-570 P-451 0( 13,/92 10:21 PG I OF 7 - REC DO• JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0.00 0.00 Commissioner moved adoption of the follo4ilngResolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91-92 (Amended) 1V1 Ift RE THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, 1982, AS AMENDED, TO PROVIDE FOR THE CONTROL • POLLUTION CAUSED BY WOOD SMOKE WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "the Board") is authorized pursuant to State-enabling legislation including, but not limited to Sections 30-28-101, et. seq., C.R.S., to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Board has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, Section 30-28-116, C.R.S., and Section 1.16 of the L.U.R., provide that from time to time the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, Section 30-28-133, C.R.S., and Section 1.16 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, C.R.S. 30-15-401 (1) (a) (V) (C) provides that the Board may adopt reasonable regulations for controlling pollution caused by wood smoke; and WHEREAS, the Eagle County Department of Community Develop- ment initiated proposed amendments to Chapter II of the L.U.R., and related amendments to Chapter I and Chapter III, to provide for the control of wood smoke, and referred such proposed amend- ments to the planning commissions and to the Board for their review and comment; and WHEREAS, after public notice published in the Eagle Valley Enterprise four consecutive times beginning October 3, 1991, the Eagle and Colorado Valley Planning Commission and Roaring Fork Valley Planning Commission held a public hearing on November 6, and November 7, respectively, 1991, to consider comments and to make a recommendation to the Board on the proposed amendments; and WHEREAS, after public notice of a public meeting also duly published in the Eagle valley Enterprise, the Board held a public hearing on November 12, 1991, to consider comments and the respective Planning Commissions recommendations on such proposed amendments; the Board tabled the matter to November 25, 1991, in order to further consider the proposed amendments; and WHEREAS, having reviewed all of the evidence, testimony, statements and exhibits submitted at the public hearing, as well as the comments and recommendations of the Eagle County Depart- ment of Community Development and the respective Planning Commis- sions, together with the various studies and land use plans of the County including the Eagle County Master Plan, the Board hereby determines that the proposed amendments to Chapter II of the L.U.R., and related amendments to Chapter I and Chapter III, are necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado. THAT, this Resolution No. 91-92 (amended) revises and supersedes Resolution No. 91-92. THAT, Chapters I, II and III of the Eagle County Land Use Regulations are hereby amended, effective February 1, 1992, to provide for the control of pollution caused by wood smoke, as described in Exhibit A attached hereto and incorporated herein by this reference. THAT, these amendments of Chapters I, II and III of the L.U.R. shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the Director of community Development is directed to transmit a true and correct copy of the Subdivision Regulations, as amended, to the Colorado Commission. hereby Eagle County Land Use -2- 466570 B-570 P-451 01/13,192 10.'21 PG 2 OF 7 C 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 public health, safety, and welfare of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED • the Board of • the County • Eagle, State • Colorado, at held the day • January, 1992, nunc • • • UM County commissioners its regular meeting pro tunc November Comm i Commissioner � 47: � -,, -S seconded adoption of the foregoing resoluti6 The roll - having been called, the vote was as follows: Commissioner George A. Gates A4'-0- Commissioner Richard L. Gustafson Commissioner Donald H. Welch 7 This Resolution passed by vote of the Board of County Commissioners of the County of Eag e, State of Colorado. 183-101 :Xz 466570 B-570 P-451 01, 10.-21 PG 3 OF 7 Resolution No. 91-92 (Amended) 1.04 AUTHORITY Eagle County is authorized by law to regulate zoning, C planning, subdivision of land, and building by virtue of Section 30-28-101 et seq., C.R.S., and Section 30- 28-201 et seq., C.R.S., respectively, as amended; to regulate certain activities on and uses of land by Section 29-20-101 et seq., C.R.S., as amended; to designate and administer Areas and Activities of State Interest by Section 24-65.1-101 et seq. and Section 24- 32 -111, C.R.S.; to regulate planned unit developments by Section 24-67-104 et seq., C.R.S., as amended; to regulate individual sewage disposal systems by Section 25-10-101 et seq., C.R.S., as amended; and to regulate construction activities within public ways by Section 30-11-107, C.R.S., as amended. Eagle County Board of County Commissioners have been given the authority through C.R.S. 30-15-401 (1) (a) (V) (C) to adopt reasonable regulations for controlling pollution caused by wood smoke. 3.08.03 FEES The minimum mechanical permit fee for voluntarily replacing an existing wood burner with a new technology device or a device which permanently utilizes natural gas, propane or similar clean burning fuel, shall be waived. 466570 B-570 P-451 10:21 PG 4 OF 7 T- � d Effective February 1, 1992 2.07.11 WOOD BURNING CONTROL 1. PURPOSE AND INTENT The Eagle County Board of County Commissioners hereby find and declare air quality to be an important part of the health, safety and welfare of the community, and that the Board of County Commissioners have a duty to protect and improve air quality in and around Eagle County not only for the health, safety and general welfare of it's residents and visitors, but also because air pollution resulting from the use of wood burning devices reduces the desirability of Eagle County as a recreation and tourism destination, thus affecting the aesthetic and economic welfare of the County. The Board of Commissioners find and declare the present level of degradation to air quality to be unacceptable and recognize the need to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution caused by wood smoke. It is the intent of the Board of County Commissioners to enact reasonable regulations to control pollution caused by wood smoke for the purpose of improving the air quality, aesthetic and economic environments of Eagle County. 2. DEFINITIONS a) WOOD BURNING DEVICE An appliance or structure designed for or capable of burning wood, including a conventional open - hearth fireplace or woodstove. This does not include cookstoves, furnaces, or boilers. b) NEW TECHNOLOGY DEVICE A wood burning device that meets or exceeds the emissions standards for certification of Phase II appliances identified by the Environmental Protection Agency in Federal Regulation 40 CFR Part 60, as amended (this includes most pellet stoves). 466570 B -5703 F -451 01,/13,/92 92 10 21 PG 5 OF 7 C) COMMON AREAS Areas associated with commercial or multiple Cr family buildings which are intended for public gathering, such as lobbies, lounges, entries, patios, decks, etc. 3. GENERAL REQUIREMENTS No building or mechanical permits will be issued for the installation of a wood burning device unless the device is a new technology device as defined herein or is otherwise exempt. 4. WOOD BURNING CONTROL WITHIN R, RL, AR, AL, AND RR ZONE DISTRICTS a) One new technology device per building. 5. WOOD BURNING CONTROL WITHIN RC, RSL, RSM, RMF, AND PS ZONE DISTRICTS WITHIN THE FULFORD HISTORICAL DISTRICT. a) One new technology device per dwelling unit in a single family and duplex dwelling. b) Wood burning devices are not allowed in multiple family types of dwelling units. C) One new technology device is allowed in the common area of a building containing multiple family dwelling units. 6. WOOD BURNING CONTROL WITHIN RC, CL, CG, AND I ZONE DISTRICTS a) One new technology device per building containing commercial and industrial use(s); or b) One conventional open- hearth fireplace per building which contains a motel or hotel use and must be placed within a common area. Said fireplace shall be constructed with glass doors and the ability to regulate the amount of outside return air entering the fire chamber. 466570 B -570 P-451 01/'13/92_ 10:21 PG 6 OF 7 In C'7 7. WOOD BURNING CONTROL PUD ZONE DISTRICTS AND THE EAGLE — VAIL PUD a) One new technology device per dwelling unit in a single family and duplex dwelling units. b) Wood burning devices are family dwelling units. c) One new technology device area of a building co dwelling units. d) One new technology device commercial and industrial not allowed in multiple is allowed in the common staining multiple family per building containing use(s); or e) One conventional open- hearth fireplace per building which contains a motel or hotel use and must be placed within a common area. Said fireplace shall be constructed with glass doors and the ability to regulate the amount of outside return air entering the fire chamber. f) THESE REGULATIONS SHALL APPLY UNLESS ALTERNATIVE REQUIREMENTS ARE APPROVED AS PART OF THE PUD GUIDE. 8. WOOD BURNING CONTROL IN EXISTING BUILDINGS a) Buildings with wood burning devices in existence on the effective date of this regulation shall be allowed to replace existing wood burning devices with new technology devices. 466570 R -5703 P-451 01113,192 10:21 PG 7 OF 7