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HomeMy WebLinkAboutR86-004 amending zoning resolution3 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86- W IN RE THE MATTER OF AMENDING AND READOPTING THE ZONING RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO, 1979, AS AMENDED, AND THE SUBDIVISION REGULATIONS OF THE COUNTY OF EAGLE, STATE OF COLORADO, 1972, AS AMENDED, AS THE SAME ARE INCORPORATED AND MADE A PART OF THE EAGLE COUNTY LAND USE REGULATIONS, 1982, AS AMENDED 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, Section 30 -28 -101, et se q., C.R.S, to plan for and regulate the use and development of land in the unincorpo- rated 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 land use regula- tions including, but not limited to, the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colo- rado, 1972, as amended; 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., respectively, 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, Sections 30 -28 -110, 30 -28 -133, and 30 -28 -137, respectively, 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, in November, 1985, the Eagle County Department of Community Development, on behalf of the Board, initiated proposed amendments to the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended, as the same are incorporated in Chapter II of the L.U.R., and referred such proposed amendments to the Eagle County Planning Commission for its review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on December 18, 1985, and certified its comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on January 14, 1986, in the Board of County Commissioners' meeting room, McDonald Building, Eagle, Colorado; and WHEREAS, the Board, having reviewed all of the evi- dence, testimony, statements and exhibits submitted at the public hearing, as well as the comments and recommendations of the Eagle County Planning Commission and the Eagle County Department of Community Development, together with the various studies and land -use plans of the County including the Eagle County Master Plan, hereby determines that the proposed amendments to the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended, and consistent therewith, 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, the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regula- tions of the County of Eagle, State of Colorado, 1972, as amended, and in conjunction therewith, Chapter II of the Eagle -2- County Land Use Regulations, are hereby amended as set forth in Exhibit A attached hereto and incorporated herein by this refer- ence. THAT, the entirety of the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended, and in conjunction therewith Chapter II of the L.U.R., as the foregoing are herein amended, are hereby readopted. THAT, this amendment and readoption of the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended, and in conjunction therewith 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, pursuant to Section 30 -28 -114, C.R.S., and Section 1.15.01(1) of the L.U.R., the Board may provide for the enforcement of the zoning regulations of the County of Eagle, State of Colorado, by means of withholding of building permits. It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory covered by such zoning regulations without obtaining a building permit from the County Building Inspector. Such Building Inspector shall not issue any permit unless the plans for the proposed erection, construction, recon- struction, alteration or use fully conform to all zoning regulations then in effect. THAT, pursuant to Section 30 -28 -124, C.R.S., and Section 1.15.01(2) of the L.U.R., it shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provisions of,. any zoning regulations of the L.U.R., or any amendments thereto. Any person, firm or corporation violating any such regulation, provision, or amendment is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than 10 days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be -3- erected, constructed, reconstructed, altered, maintained, or used, or any land is or is proposed to be used, in violation of any such regulation, then the Board, by and through its county attorney, or any owner of real estate within the district in which such building, structure or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, con- struction, reconstruction, alteration, maintenance, or use. Further, the Zoning Administrator or his authorized representative is authorized to enter upon private property for the purpose of administering the provisions of the L.U.R. The owner of the property shall give the Zoning Administrator free access after Eagle County has given reasonable notice for such inspection. If access is denied, the Zoning Administrator may apply to the District Court of Eagle County for an order author- izing entry. If a violation shall be found to exist, the County Building Inspector or his authorized representative shall give written notice to the violator to correct such violation within thirty (30) days after the date of such notice. Should the violator fail to correct the violation within such thirty day period, the Eagle County Zoning Administrator or his authorized representative may request the County Sheriff to issue a summons and complaint to the violator requiring the violator to appear in County Court at a definite time and place to answer and defend the charge. Notwithstanding the foregoing, the issuance of a written notice as specified herein shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings; and provided further, that compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of the L.U.R. in any court action insti- tuted seeking full compliance therewith, but evidence of compliance with such order may be introduced as a matter in mitigation and extenuation. THAT, pursuant to Section 30 -28 -110, C.R.S., and Section 1.15.02 of the L.U.R., any subdivider or agent of a subdivider who transfers or sells land before a final plat for such subdivided land has been approved by the Board and recorded in the office of the Clerk and Recorder is guilty of a misde- meanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) for each parcel or interest in subdivided land which is sold or offered for sale. Further, the Board has the power to bring an action to enjoin any subdivider from selling subdivided land before a final plat for such subdivided land has been approved by the Board. 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 and the amendments attached hereto as Exhibit "A" shall be effective immediately upon the execution of this Resolution by the Board. THAT, this Resolution is necessary for the public health, safety and welfare. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, at its regular meeting held the 14th day of January, 1986. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: � ,. Donal Welch, Chairman -5- Commissioner l 4U% fib h` seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch 1 Commissioner Richard L. Gustafson rr Commissioner John Francis Loughran AG,z- This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT "A" 2.06.14 PR - PRIMARY /SECONDARY 1. Purpose - To allow for small caretaker apartments or employee apartments in a higher density residential development in close proximity to existing determinants and where complete facilities are available. 2. Uses, By Right a) Single family dwellings, with optional secondary unit as hereinafter described and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to the use of the lot for residential purposes, and fences, hedges, gardens, walls and similar landscape features, provided that: 1) A secondary unit is no more than 40 percent of the floor area of the primary unit. 2) The secondary unit shall not be sold separate from the first. b) Green belt or open space c) Park d) Water diversion structures, ditches and pipeline structures engineered to convey fifteen (15) cubic feet or less of water per second of time and designed to serve less than ten (10) or more dwelling units for domestic use. e) Utility distribution facilities 3. Uses, Special a) Church b) Community building c) Home occupation, excluding sales or exchange of on site d) Day nursery e) Fire Station f) Postal substation g) School h) Temporary building or use in Supplementary Regulations i) The following industrial uses and accordance with Section 2.07.07: a :... accordance with operations, in r 1 1) Electrical power transmission line 2) Natural gas transmission line 3) Utility substation 4) Electrical power generation .facility 5) Water storage facility if not adressed at subdivision 6) Sewage treatment facility if not addressed at subdivision 7) Water treatment facility if not addressed at subdivision 8) Water impoundments 9) Microwave antenna for commercial use in which transmissions are sold to consumers 10) Radio antenna for commercial use in which transmissions are sold to consumers j) Group home k) Water diversion structures, ditches, and pipeline structures engineered to convey more than fifteen (15) cubic feet of water per second of time and designed to serve as a domestic supply for ten (10) or more dwelling units. 1) Major new domestic water or sewer systems, major extensions of such systems, and municipal and industrial water projects. 4. Minimum lot area 12,000 square feet of net developable land per use. 5. Maximum lot coverage a) Buildings: 25 percent of net developable land b) All impervious materials: 45 percent of net developable land C) And as further restricted by Supplementary Regulations 6. Maximum Floor Area Ratio 0.30:1.0 of net developable land and as further restricted under Supplementary Regulations. 7. Minimum Setbacks a) Front Yard 1) Arterial Street - 50 feet from front property line 2) Collector Street - 50 feet from front property line 3) Local Street - 25 feet from front property line b) Rear Yard 12 -1/2 feet or half the height of any building on the lot, whichever is greater. c) Side Yard 12 -1/2 feet of half the height of any building on the lot, whichever is greater. 8. Maximum building height - 35 feet. c