HomeMy WebLinkAboutR92-006 amending LUR's to provide for backcountry zonea .n.�
486766 B -570 P -647 01,/ )'92 09" -44 PG 1 OF 6 REC. DOC
JOHNNET TE PHIL LIPS EAGLE COUN CL ERK, COLORADO 0.00 0.00
Commissioner d moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 92 -
IN RE THE MATTER OF AMENDING THE
EAGLE COUNTY LAND USE REGULATIONS, 1982, AS AMENDED
TO PROVIDE FOR A BACKCOUNTRY ZONE
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
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
s
s
WHEREAS, on October 31, 1991, the Eagle County Department of
Community Development initiated proposed amendments to Chapter II
of the L.U.R., and referred such proposed amendments to the Board
for its review and comment; and
WHEREAS, after public notice published in the Eagle Valley
Enterprise on October 31, 1991, the Eagle Valley Planning
Commission held a public hearing on December 4, 1991, and the
Roaring Fork Valley Planning Commission held a public hearing on
December 5, 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 published in
the Eagle Valley Enterprise on October 31, 1991, the Eagle County
Board of Commissioners held public hearings on December 10, 1991,►
and on January 6, 1991, to consider comments and the Planning
Commissions' recommendations on such proposed amendments, in the
Board of County Commissioners' meeting room, in the Courthouse
Building, Eagle, Colorado; 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 Department
of Community Development and the Planning Commission, 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. are necessary and
proper for the protection of the public health, safety, welfare and
best interest of the County of Eagle, State of Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Chapter II of the Eagle County Land Use Regulations is
hereby amended as described in Exhibit A attached hereto and
incorporated herein by this reference.
THAT, this amendment of Chapter II 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 hereby directed
to transmit a true and correct copy of the Eagle County Subdivision
Regulations, as amended, to the Colorado Land Use Commission.
466766 S -570 F -647 0111519 099 44 PG 2 OF 6
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THAT, should any section, clause, provision, sentence or word
of this Resolution, including 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 by the Board of County Commissioners
of the - County of Eagle, State of Colorado, at its regular meeting ��
held the day of t 1991.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Gugtafs'oK /, Chairman
C
Donald H. Welch, Commissioner
Geofqe A. Gates, Commissioner
Commissioner (, -��S seconded adoption of the
foregoing resolution. The roll having been called, the vote was
as follows:
Commissioner Donald H. Welch �-e-
Commissioner George A. Gates - l'
Commissioner Richard L. Gustafson ve-�
This Resolution passed by p1 ;a vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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466 766 B -570 P-647 01,,"15192 09.44 PG 3 OF 6
County Commissioners
2.06.17 BACKCOUNTRY
1) "PURPOSE - To preserve and enhance the unique character
of Eagle County's remote and unspoiled natural areas for
the benefit of all residents. The BACKCOUNTRY ZONE
serves to protect and regulate appropriate use of natural
resources including water, wetlands, minerals, fiber,
open- space, wildlife, wildlife habitat, airsheds,
watersheds, and aesthetic. Furthermore, the BACKCOUNTRY
ZONE protects against air, noise and water pollution,
destruction of scenic beauty, disturbance of the ecology
and environment, and hazards of geology, fire and flood."
2) Uses, by Right: No permanent structures, as defined by
C
the Uniform Building Code (UBC), are allowed to be
constructed as a use by a right in this zone district.
a) Agricultural including grazing, garden, or fishery.
b) Greenbelt;
c) Park;
d) Open Space;
e) Outfitter and Guide;
f) Camping;
g) Hunting.
3) Uses, Special:
a) A structure as defined by the UBC associated with an
allowed use by right or special use.
b) Single family dwelling on a separate lot;
c) Water Impoundments, Reservoirs and dams;
d) Water diversion structures, ditches, and line
structures;
e) Utility Distribution Facilities;
f) Land application (on areas of land greater than one
acre) of sludge (domestic or industrial) for
beneficial use as fertilizer, mulch or soil
conditioner;
466766 B -570 P -647 09.44 PC, 4 OF 6
LUR- 003 -91
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g) Municipal water or sewer system extensions or new
domestic water and sanitation systems;
h) Mass gatherings, which have an expected attendance of
more than 50 people;
i) Day or resident camp which includes construction of
permanent structures;
j) Educational Facility;
k) Recreational facility, including dude ranch, hunting •�-�
or fishing camp provided it is limited to 1 dwelling
unit and 20 beds of visitor capacity;
1) Ski Facility;
m) Extraction, including gravel pit, petroleum or
natural gas well, coal mine, metallic or nonmetallic
ore mine;
n) Forestry limited to extraction, felling and trimming
trees, and removal of wood materials;
o) Constructions of access roads, streets or drives.
4) All special uses shall require the submission of an
Environmental Impact Report.
5) Minimum Lot Area: 35 acres or such smaller area as may
have been legally created prior to the adoption of
subdivision regulations, April 6, 1964. A combination of
compatible uses may be considered as one use.
a) Special uses may occur on less than the
minimum lot area, when appropriate.
6) Minimum Setbacks: 50 feet from the property line.
7) Maximum Building Height: 28 feet.
466766 B -570 P -647 01 09,44 PG 5 OF 6
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LUR- 003 -91
B. ADDITION TO SEC. 2.09.02
2.09.02 ADDITIONAL SPECIFIC REQUIREMENTS FOR CERTAIN USES
AS FOLLOWS:
16) Construction of dwelling units, out buildings, or other
structures within the Backcountry Zone District. In
addition to other considerations, the applicant must
adequately demonstrate and the Board shall find that
environmental hazards and impacts resulting from the
proposed construction are adequately mitigated, resulting
in no net adverse impact upon the environment.
466766 B -570 F -647 01/15/92 09:44 PG 6 OF 6
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