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HomeMy WebLinkAboutR90-043 Land Use Regulations Amending Commissioner ��T,��� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90- IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, 1982, AS AMENDED WHEREAS, the Board of County Commissioners of Eagle, I I State of Colorado (hereinafter the "Board "), is authorized, pursuant to State enabling legislation including, but not limited to, Section 30 -28 -101, et seq., C.R.S., to plan for and regulate the use 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., 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, 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, on October 1, 1989, 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 Eagle County Planning Commission for its review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on November 15, 1989, 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 November 28, 1989, in the Board of County Commissioners' Meeting Room, in the County Court House, Eagle, Colorado; and WHEREAS, The Board, having reviewed all of the evidence, testimony, statements and exhibits submitted at the public hearing, as well as the comments and recommendation 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 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. WHEREAS, the proposed amendment is in conformance with the policies and regulations of the Eagle County Land Use Regulations and the Eagle County Master Plan. 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 herby amended as set forth 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 herby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations as amended to the Colorado Land Use Commission. 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 on the 28th day of November, 1989, nunc pro tunc the /6, day of tg-c-e � • COUNTY OF EAGLE, STATE OF COLORADO, ..�. By and Through Its BOARD OF COUNTY �• COMMISSIONERS B414.4 . _ .; By: 4 e.,t77" / C er to t Boar•'0 Donal' - Welch, Chairman County Commissioners R, ar• L. " son mmissioner 40 e:rge Gates, Commissioner Commissioner /�T -�-S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Donald H. Welch )9- ��1tJ Commissioner Richard L. Gustafson yt, LJ2-" This Resolution passed by a ('O vote of the Board of County Commissioners of the County off Eagle, State of Colorado. • EXHIBIT A CHURCH LOT - Purpose: to provide for the construction of a church and its accessory uses. 1. Uses by right a. Church - A building or group of buildings used for the gathering of persons for such purposes as worship, deliberation, education, instruction, entertainment or non commercial dining. b. Parsonage /Caretaker Unit - One structure containing two dwelling units. The caretaker unit (secondary unit) shall be no more than 25% of the gross floor area of the two dwelling units, must be integral with the architecture of the Parsonage (Primary Unit) and cannot be subsequently subdivided or transferred in ownership. The Parsonage /Caretaker unit may be part of the church structure. c. Classrooms d. Recreational Facilities 2. Uses, Special Review a. Day -Care Facilities b. Bookstore - A structure or part of a structure used for the sale of theological, religious, or Christian books, music, stationery or related gifts. The book store shall be no more than 15% of the gross floor area of the church. 3. Lot Coverage .30 - Defined as building footprint including cantilevered space and garage (excluding decks) 4. Total Impervious .60 Impervious materials defined to include any driving and parking surface. 5. Floor Area Ration .50 Floor Area Ratio defined to include all space between exterior walls excluding true basements uninhabitable space) ( P ) and garages. • 6. Maximum Building Exception: Spire, tower or Height 50' similar non - habitable building appurtenances to be limited to 70' in height. 7. Front Setbacks Arterial /Collector Street: 50 feet from front property line. Local Street: 25 feet from front property line. 8. Side and Rear 12.5 feet or .5 height of Setbacks building, whichever is greater. 9. Parking a. Auditorium, Public Assembly, Classrooms - 1 space per 100 square feet of floor area used for seating or assembly. b. Bookstore, Retail - 1 space per 300 square feet of floor area (except storage area). c. Parsonage - 3 spaces d. Caretaker - 2 spaces e. All parking and driveway surfaces to be paved. f. Site specific engineer designed drainage plans shall be submitted prior to the issuance of any building permits. 10. Landscape requirements - All outside parking facing or abutting a lot or street in a residential use or zone shall have sight- obscuring landscape buffer or fence. The landscape buffer or fence shall be of such material and design as will not detract from adjacent residences and shall be built according to plans submitted by the owner to and approved by the County Zoning Administrator. A landscape plan shall be prepared by a landscape architect, architect, or other qualified landscape designer. 11. Snow removal - An area or areas totaling not less than 20% of all parking and driveway surfaces shall be provided on the site for snow storage. Designated snow storage areas to be included on landscape plan. 12. Signage - One sign, not to exceed 40 square feet, shall be located so that it is readily visible form the street abutting the front setback. If the sign is freestanding, the height above grade shall not exceed 7 feet. One additional sign shall be provided for the identification of a bookstore, not to exceed 20 square feet and shall be readily visible from the street abutting the front setback. If the sign is free standing, the height above finished grade shall not exceed 5 feet. The design and materials of the sign shall be in character with and not detract from adjacent properties.