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HomeMy WebLinkAboutR88-021 Land Use RegulationsLl Commissioner , cad.O�a�J moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 88- 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 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 land use regulations 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 Colorado, 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 June, 1987, 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 July 1, 1987 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 July 14, 1987, in the Board of County Commissioners' meeting room, McDonald Building, 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 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 Regulations of the County of Eagle, State of Colorado, 1972, as amended, and in conjunction therewith, Chapter II of the Eagle County Land Use Regulations, are hereby amended as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 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, reconstruction, alteration or use 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 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, construction, 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 authorizing 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 instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as a matter in mitigation and extenuation. • 0 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 misdemeanor 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 Commissioners of the County of agle, State of Colorado, at its regular meeting held the day of�yr.�r �y� nunc pro tunc to the 14th day of July, 1987. i Johnnette Phillips Clerk of the Board of County Commissioners . r ��'cw�?RpDO r n-Iff COUNTY E By an Throu BOA OF COU LE, STATE OF COLORADO Ih its RichaM L. Gusita '-z\V � � \ Q � SIONERS Donald H. Welch, Commissioner George Gates, Commissioner • Commissioner 12Zz" &4___I seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner Donald H. Welch Commissioner George Gates This Resolution passed by :,G��cQ.yccr,- ��zc�� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. w r EXHIBIT "A" CHANGES TO THE EAGLE COUNTY LAND USE REGULATIONS 2.05.96 Resort (Definition) - Delete the comma after the word hunting - Add the words "or other similar facility" after the word lodge - change the word "and" to the word "or" in the second sentence 2.06.09 Commercial Limited - (2)(b)(2) Personal service establishment - add Section (w) outdoor recreation 2.06.13 PUD - Planned Unit Development District - changes which establish review criteria for amendments to PUD plans, specifically apply general land use regulations to PUD zone districts, and direct a process and criteria for Final Plat review of PUD plans. 2.07.04 Minimum Use of Any Lot - delete the word "setback" in second line 2.11 Signs 2.11.01 30) Individual business means a structure or lot containing one (1) business or several related businesses under any form of ownership. If -two (2) or more businesses are located in a structure or on a lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the pur- poses of this code. 2.11.01 32) Multiple Business (Business Center) means a building, lot, or series of lots designed for occupation by two (2) or more businesses, where each business is structurally separated from the others and has its own public entrance, but overall the businesses are physically related and operated as a group. 2. 11.03(j) - delete the word "lot" 2.11.03(2) - delete the word "lot" 2.11.01(4) - add the word "commercial" between "the" and " property" (i.e., the commercial `property) "t r r . .,.,EAGLE COUNTY LAND USE REGULATIONS CHANGES PAGE 2 2.23.07 Grades, Curves and Sight Distance - change Mountain Road minimum curve radius from 60 feet to: 300 feet * *Lesser radii down to 60 feet may be utilized under special circumstances, such as switchback mountain roads, as approved by the County Engineer 2.25.01 PUD add Sketch Plann " Preliminary Plan 2.25.04(5) Amendment to PUD - and mailing labels with the addresses of all property owners required to be notified. Typographical Errors 2.14 Amendment (spelling) 2.14.05 Abandonment (spelling) CHAPTER 3, Building Resolution Section 3.06.03(e) - add "A Temporary Certificate of Occupancy"may be awarded only if the following components of a project are complete: #8. Water and sewer fees required by districts are paid in full and proof of payment in writing is provided prior t'o the issuance of a.Temporary or Final Certificate of Occuapncy. 3.09.03 Fees (5) Site Inspection for sewage disposal $85.00 (6) Site Inspection plus percolation test $125.00 (7) Review and completion of FHA questionnaire $125.00 (8) Sign permit - $65.00 13 • PROPOSED AMENDMENTS TO LAND USE REGULATIONS REGARDING PLANNED UNIT DEVELOPMENTS The following changes are proposed for section 2.06.13 of the Eagle County Land Use Regulations: I. A new subsection 8) will be added as follows: 8) Final Plat Review A Final Plat Application for PUD Zone District shall be subject to and reviewed according to the process and criteria outlined in 52.19 of these Regulations. 2. The numbering of existing subsection 8) will be changed to 9) 3. The numbering of existing subsection 9) will be changed to 10) 4. The existing subsection 10) will be deleted. In its place, subsection 1 1) will be added as follows. 1 1) Amendments to PUD a) The PUD plan as finally approved by the Board of County Commissioners shall be binding. A proposal for substantial modification, removal,-or release of the provisions of a PUD plan shall be subject to the procedures for PUD Amendments described in Section 2.25. b) In presenting any application for substantial modification, removal, or release of the provisions of a PUD plan, the applicant has the burden of proof to establish the following and the Planning Commission and Board of County Commissioners shall consider the following criteria in their reveiw: i) That proposed amendment is consistent with the efficient development and preservation of the entire PUD; and 11) That the proposed amendment does not affect In a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest; and iii) That the proposed amendment is not granted solely to confer a special benefit on any person. c) In addition to the review criteria in subsection b) above, changes in land use designations of a sub area of a PUD zone district shall be reviewed under the criteria set forth under 92.14.04 "Review of Zone District Amendments ". d) Variances to the strict application of terms of the Land Use Regulations or of the PUD Guide relating to sign regulations, minimum lot width, minimum setbacks, minimum lot area for duplex dwelling units, determination of slope, minimum floor area, and maximum building height shall be determined by the Zoning Board of Adjustment as outlined in 82.13.03 of these Land Use Regulations. The Zoning Board of Adjustment shall also conisder the criteria listed in subsection b) above when reviewing any proposed variance. e) In addition to the review criteria in subsection b) above, Proposals for resubdivision of land within a PUD zone district shall be reviewed according to 52.21 of these Land Use Regulations. 5. A new subsection 12) will be added as follows: 12) All regulations under these Land Use Regulations, Including requirements, limitations, procedures, and review criteria, which apply generally to all zone districts shall also apply to PUD Zone Districts. If the matter is regulated both in the PUD plan documents or the PUD Control Guide and in the Land Use Regulations, all regulations or requirements shall apply unless they are in conflict. In the case of conflict, the requirements set forth in the Control Guide or plan documents shall control. By way of example only, this section would Include supplemental regulations, sign code regulations, and special use permits.