No preview available
HomeMy WebLinkAboutR86-005 amending zoning resolutionCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86- 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 3 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 Countv 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 -4- s' g 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. 9z clerk of the - Board "o County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS -5- �i 3 Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner Richard L. Gustafson s l P Commissioner John Francis Loughran r- This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. E "BIT "A" PROPOSED CHANGES FOR EAGLE COUNTY LAND USE REGULATIONS January 2, 1986 2.09.02 ADDITIONAL SPECIFIC REQUIREMENTS FOR CERTAIN USES AS FOLLOWS Add Section 15: 15. Land application (on areas of land greater than one acre) of sludges (domestic or industrial) for beneficial use as fertilizer, mulch or soil conditioner. (Note: Dried sludge that has been stabilized or composted as determined by State Sewage Sludge Regulations is exempt from these requirements.) a. Application requirements: i detailed site plan showing locatior of all buildings, dwellings, ditches, dry gullies, lakes, ponds, springs, and wells within a 1000' radius of the sludge application. ii Slope information on sludge application site and show direction of drainage. A soils analysis that includes an analysis of the amount of sludge which can be applied to the site without exceeding the limits of chemical nutrients for the specific crop grown. Follow "Domestic Sewage Sludge Regulations" adopted by the Colorado State Board of Health. iv Depth of highest seasonal ground water table and at least three piezometric tubes, two down gradient of the site and one up gradient where the water table is less than 10' from the surface anywhere on the site. • �s 3 } b. Review Criteria: i Sludge may not be placed on lands of greater than 15% slope. On lands of 6 -15% slopes, sludge must have a solids content of 16% or greater. ii The drainage plan must show that sludge leachate will not discharge off site. No sludge will be allowed within 200' of live streams, irrigation return flows, ponds or reservoirs. The setback distance shall be measured from the annual high water elevation or the designated 100 year floodplain. iv An odor control plan shall be provided where three or more dwelling units are within 1000' of the proposed application area. v An annual operating plan shall be provided which addresses the following items: as Yearly application season. bb Yearly application rates. cc Number (average) truck trips per day on county roads. dd Soil and plant tissue analysis submitted to the county in August of each year. ee Plan for alternate application site when either soil or plant tissue analysis indicate chemical limits will be exceeded in the current year. vi Where these regulations are more restrictive than the Colorado Domestic Sewage Sludge Regulations, these regulations will apply and vice versa. N