The URL can be used to link to this page

Home My WebLink AboutR86-007 amending zoning resolutionr 33127U x �Ih�WET PHILLIPS A-, Gi'i. �%EOORDE;_, /Y JAN 22 10 36 AM '65 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS 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 g., 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 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- a 3 +l 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- 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. of th6--Board'of Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS -5- Commissioner /,A4 �'x /-) "'7W seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch rryL Commissioner Richard L. Gustafson Commissioner John Francis Loughran FAQ This Resolution passed by vote of the Board of Countv Commissioners of the County of Eagle, State of Colorado. j I > EXHIBIT "A" AMENDMENTS TO THE EAGLE COUNTY LAND USE REGULATIONS 2.05 DEFINITIONS 2.05.31 Dwelling Unit - changing the definition to say "kitchen facility" instead of "cooking" 2.05.49 New definition of :come Occupation 2.05.57 Addition of "Kitchen Facility" 2.05.86 Addition of "Patio" Changing the following definition to be consistent with previously adopted changes to Chapter 6, specifically changing: "twenty persons" to" "ten or more dwelling units" in the following: 2.05.67 Major Extension of an Existing Domestic Water Treatment 2.05.68 Major Extension of an Existing Sewage Treatment System 2.05.69 Major New Domestic Sewage Treatment System 2.05.70 Major New Domestic Water System 2.05.107 Water Impoundments Changing the phrase in the definition from "one acre or more" to "one acre foot or more, but less than 10 acre feet ". Section 2.06 .1 Primary Secondary Zone District Establish a new zone district for the purpose of allowing small caretaker apartments or employee apartments in a higher density residential development in close proximity to existing determinants and where complete facilities are available. Said zone district sets forth regulations regarding uses by right, special uses, a minimum lot area of 12,000 square feet, maximum lot coverage of 25 percent by buildings and 45 percent by all impervious materials, maximum floor area ratio of 30 percent, required setbacks and maximum building height of 35 feet. Section 2.11.02(1)(b)- Changing the submittal requirements for sign permits to require one copy instead of two(2). Section 2.11.03(14)- Addition of limitations of illuminated signs to prevent flashing signs, objectionable, confusing or hazardous illumination of signs. Section 2.25.03(4) - Changing the Zoning Board of Adjustment's meeting date from the second Monday to the Second Wednesday of the month. Water Impoundments, Dams and Reservoirs Deleting the requirements for a special use permit for a water impoundment of one acre or more, allowing water impoundments from one to 10 acre feet as uses by right in the Resource, Resource Limited and Agricultural Residential zone districts, requiring that a special use permit be obtained for any dam or reservoir holding more than 10 acre feet of water, and deleting dams and reservoirs as uses by right in the Agricultural Limited, Rural Residential, Residential Suburban Low Density, Residential Suburban Medium Density, and Residential Multiple Family zone districts. The following are the specific changes: CHANGE - "100 acre feet" to "10 acre feet" in Section 2.06.01(g), 27W.M(3)(e), 2.06.02(e), 2.06.02(3)(k), 2.06.03(f), 2.06.03(3)(s), 2.09.02(12), 2.09.04(3)(a) DELETE - "Water Impoundments" in Sections 2.06.01(3)(b)(10), 2.06.03(3)(q)(8) DELETE - "Reservoirs and dams engineered to contain more than 100 acre feet of water" in Sections 2.06.04(f), 2.06.04(3)(r), 2.06.05(f), 2.06.05(3)(r),2.06.06(2)(e), 2.06.06(3)(p).2.06.07(2)(e), 2.06.07(3)(q), 2.06.08(2)(d), 2.06.08(3)(i) 7 3 CHANGE - "20 persons" to "10 dwelling units" pursuant to Chapter CHANGE to - "less than 10 dwelling units in Sections 2.06.01(h), 2_.U6_.T2(f), 2.06.03(g), 2.06.04(g), 2.06.05(g), 2.06.06(f), 2.06.07(f), 2.06.08(e) CHANGE to - "ten units or more" in Sections 2.06.01(3)(f), TJOYM (3)(1), 2.06.03(3)(t), 2.06.04(3)(s), 2.06.05(3)(s), 2.06.06(3)(q), 2.06.07(3)(r), 2.06.08(3)(j), 2.09.02(13), 2.09.04(3)(b), 2.09.04(3)(c)(i) CHANGING - chapter numbers from "Chapter 3, 4 and /or 5" to Section 6.03, 6.04 and /or 6.05 Definitions COMPOST Means a controlled process of microbiologically degrading organic matter in dewaterd sludge under aerobic conditions resulting in a stable humus -like material. CHANGE DWELLING UNIT ....... not more than one indoor kitchen which...... CHANGE HOME OCCUPATION Home occupation means any lawful use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. Home occupations may include, but not be limited to, day care facilities for children, bed and breakfast operations, hair salons, and professional offices. ADD KITCHEN FACILITY Kitchen facility means fixtures and equipment for food storage and preparation of meals, which may include any or all of the following, but is not limited to a sink, stove, microwave oven, dishwasher, and refrigerator and food storage facilities. ADD PATIO Patio means an area that adjoins a building, has an impervious surface, is open to the sky (roofless), has no railings, walls, fences or other enclosures, and is not more than 6 inches above grade and not over any basement or story below. SLUDGE Means the accumulated solids resulting from processing wastewater in a treatment plant. SIGNS CHANGE 2.11.02(1)(b) One copy of the construction plans and specifications, the site and location plan showing heights, sign area, and setbacks, and a sketch of the proposed signing with dimensions and sign wording shall be submitted at the time of application. ADD 2.11.03(14) Illuminated Signs and Indirectly Illuminated Signs A. Provided that such signs shall only be illuminated during hours or operation of the business it serves. B. Illumination of all signs shall be in accordance with the following standards: 1. The light from any illuminated sign shall be so shaded, shielded, or directed, that the light intensity or brightness will not be objectionable to surrounding areas. 2. No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color. 3. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices. 4. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to passing motorists.