HomeMy WebLinkAboutR85-59 amending zoning resolutionCommissioner ✓ -- moved adoption of the
following Resofu +io
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE. STATE OF COLORADO
RESOLUTION NO. 85 _4SI
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.et6eq.,
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 April, 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 August 7. 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 August 27 and September 24,
respectively, 1985, 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 o!f Colorado.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COU17TY 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
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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 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, shalt 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,
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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. Notwith-•
standing 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-
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
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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 Eagle, State of Colorado, at its
regular meeting held the AN -day of September, 1985.
COUNTY OF EAGLE. STATE OF COLORADO
By and Through its
ATTEST- BOARD OF COUNTY COMMISSIONERS
BY kl � < By
Jerk of the Board of
County '7=missioners
a
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Commissioner (� seconded adoption
of the foregoing resolution. The ro11 having been called- the
vote was as follows
Commissioner David E. Mott 5� cQr
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
This Resolution passed by /� �vote
County Commissioners of the County of Eagle
M
of the Board of
. State of Colorado.
"7eptember 24, 1985
- EXHIBIT "A"
LAND USE REGULATION CHANGES
CHAPTER II
Page 64 - ADD 5) (a) In addition to standard items considered in the
subdivision review (See Section 2.17 Sketch Plan)
DELETE 5) (a) (1)
Page 66 - ADD 7) (a) In addition to standard items considered in sub-
division review (See Section 2.18 Preliminary Plan)
2.06.13 Planned Unit Development District
MINOR PLANNED UNIT DEVELOPMENT
Page 66 ADD as 8) Minor Planned Unit Development
a) Sketch plan and preliminary plan may be combined
if the proposed project meets the following
criteria:
1) The number of units or lots proposed is 20
or less.
b) Any or all of Section 2.06.13(4) may be waived
by the Zoning Administrator upon request and
justification by the applicant.
Existing #8 becomes #9
Existing #9 becomes #10
9) Additional Requirements
ADD -a) Permits for buildin construction other than 1
or uti ity construction s a e issued only a
DELETE - Existing a)
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rary buildings, grading
final Plat approval.
LAND USE REGULATIONS CHANGES
Section 2.07.05
Supplementary Setback Regulations
2) Live Stream
a) A 50 foot strip of land or
The greater distance mea
mark on each side of any
exception that footpaths,
flood control and erosion
thereon. If necessary to
may be required.
Section 2.23.25 Streams
00 vear
ive stream shall be
bridges, fences, it
protection devices
protect the stream,
September 24, 1985
ain, whichever is
m the hioh water
protected with the
rigation structures,
may be constructed
additional width
1) A fifty -foot (50 ft.) strip of land or the 100 year floodplain,
whichever is the greater distance, measured horizontally from the
natural identifiable high water mark on each side of any live stream
located within the boundaries of a proposed subdivision shall be
protected with the exception that footpaths, bridges, fences
irrigation structures, flood control, and erosion protection devices
may be constructed thereon.
Section 2.17
ADD - The purpose of the sketch plan review is to allow applicants to present
a conceptual overview of a project to the County for comment prior to
the expenditure of substantial time and money on detailed studies.
CHANGE - 2) All of the required maps, plans and information shall be sub-
mitted in 10 copies or more if required.
2.17.02 (1) CHANGE
DELETE: (d through h)
Left in: Municipality
Division of Wildlife
Utilities
Geo survey
Water resources
Env. Health
Surveyor
Engineer
Public land management
2.18 - The purpose of the preliminary plan review is to provide the County
with sufficient technical information to determine the feasibility
of a project.
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September 24, 1985
LAND USE REGULATION CHANGES
2.18.01 - DELETE the word Preliminary as follows:
3) Preliminary plan maps shall be drafted according to generally accepted
engineering practices, and shall be
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LAND USE REGULATIONS
Minor Subdivision
2.01.01
2.21.02
September 24, 1985
This Minor Subdivision may only be used in the following instances:
1) The proposed subdivision is for 4 lots or units or less.
This is a Type A Minor Subdivision.
2) The proposed subdivision is a resubdivision in a
approved subdivision.
This is a Tvpe B Minor Subdivision.
Type A Minor Subdivision
1) Twenty two (22) copies of an application form along with a
site plan, paper copies of the final plat, and any supplemental
information shall be submitted to the Department of Community
Development. The mylar original of the final plat is due the
Monday prior to the Planning Commission hearing.
2) The supplemental information shall include the following:
a) That the land included within the proposed map is properly
zoned for the proposed use;
b) That all lots on the proposed map abut a street or road
which is physically accessible, or capable of being
physically accessible, from a public street by conventional
vehicle;
c) That satisfactory evidence has been furnished to the ex-
istence of an adequate and dependable water supply for
each lot;
d) That satisfactory evidence has been furnished to the
existence of a septic tank disposal site, or other lawful
means of disposing of human wastes, which complies with
all applicable public health laws for each proposed lot;
e) That satisfactory evidence has been furnished to the
geology, soil, topography, drainage, fire protection,
and other conditions so as to indicate the subdivision
will not create any hazards and that all lots will contain
safe, adequate building sites;
f) An improvements agreement, off -site road improvements
agreement, or other agreement required by the Board of
County Commissioners pursuant to Section 2.20 of these
Regulations needs to be executed and submitted to the
Board of County Commissioners;
LAND USE REGULATION} CHANGES
September 24, 1985
g) Three (3) conies of all the protective
covenants, declaration, party wall agree-
ments or other restrictions placed on the
subdivision, one copy of which shall be
filed for recording in the office of the
Clerk and Recorder at the time of recording
the Final Plat.
3) The Department shall transmit prints of the
Type A Minor Subdivision application and
supporting information to the following
agencies for their review, appropriate
comments and recommendations:
Same as Pages 162 -164 a - o
4) The agencies referred to in the proceding
Section shall make recommendation within
35 days after the mailing by the County or
its authorized representative of such D1ans
unless a necessary extension of not more
than 30 days has been consented to by the
subdivider and the Board of County Commis-
sioners. The failure of any agency to re-
spond within 35 days or within the neriod of
an extension shall, for the purpose of the
hearing on the plan, be deemed an approval
of such plan.
5) Tyne A MI';OR SUBDIVISIOV REVIEir"
The Planning Commission shall review the Type
A ?Minor Subdivision and make recommendations
to the County Commissioners. The Countv Com-
missioners shall take final action on the
Minor Subdivision.
The Planning Commission and County Commis-
sioners shall consider the following in their
review of a Type A Minor Subdivision:
a) Adequacy of access, water, and sewage dis-
posal on the land to be subdivided;
b) Review of the Minor Subdivision to deter-
mine if the proposed subdivision conforms
to the Final Plat Renuirements and other
applicable regulations, policies and
guidelines;
c) Adequacy of the proposed improvements
agreement and /or off -site road improvements
agreement when applicable in accordance
with Section 2.20.
For Submittal Dates, Review Procedures, and
Fees, See Section 2.25.
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LAND USE REGULAi_W CHANGES l September 24, 1985
2.21.03 TYPE B MISOR SUBDIVISION
1) Five (5) copies of an application form alon,_
with a site plan, paper copies of the final
plat, and any supplemental information shall
be submitted to the Department of Community
Development. The mylar original of the final
plat is due the Monday prior to the Planning
Commission hearing.
Accompanying the information shall be a Sub-
division Summary Form (as found in Appendix A)
and the reauired application fee.
2) The supplemental information shall include the
following:
a) That the land included within the pro-
posed map is properly zoned for the
proposed use;
b) That all lots on the proposed map abut
a street or road which is physically accessible,
or capable o nysically accessible trom
the public street by conventional vehicle.
c) ThAT satisfactory evidence has been
furnished to the es'_stance of an ade-
auate and dependable water supply for
each lot.
d) That satisfactory evidence has been fur-
nished to the existence of a septic tank
disposal site, or other lawful means of
disposing of human wastes, which com-
plies with all applicable public health
laws for each proposed lot;
e) That satisfactory evidence has been fur-
nished to the geology, soil, topography,
drainage, fire protection, and other con-
ditions so as to indicate the subdivision
will not create any hazards and that all
lots will contain safe, adequate building
sites;
f) An improvements agreement, off -site road
improvements agreement, or other agree-
ment required by the Board of County
Commissioners pursuant to Section 2.20
of these Regulations needs to be exe-
cuted and submitted to the Board of
County Commissioners;
g) Three (3) copies of all the protective
covenants, declaration, party wall agree-
ments or other restrictions placed on the
subdivision, one copy of which shall be
filed for recording in the office of the
Clerk and Recorder at the time of recording
the Final Plat.
This information shall be referred to the
County Engineer, County Environmental Iiealth
Officer and County Attorney for thier review
and comment.
7-2
A
LAND USE REGULA) u,_; September 24, 1985 V CHANGES _-
TYPE B Subdivision Review
The zoning administrator of the Department of
Community Development shall review the Type B
Minor Subdivision and take final action on the
Type B Minor Subdivision. The Planning
Commission and Board of County Commissioners wil
Sign the final plat if it has been approved by t.
Zoning Administrator.
The Zoning Administrator shall consider the
following in the review of the Type B Minor
Subdivision.:
a) Adequacy of access, water, and sewage dis-
posal on the land to be subdivided;
b) Review of the Minor Subdivision to determine
if the proposed subdivision conforms to the
Final Plat requirements and other applicable
regulations, policies and guidelines;
C) Adequacy of the proposed improvements agree-
ment and /or- off -site road improvements agree-
ment when applicable in accordance with
Section 2.20.
4) Any appeal of the decision of the Zoning Administr
may be made to the Board of County Commissioners,
provided, however, that such appeal is made prior
to thirty (30) days following the date of the
Zoning Administrator's decision.
5) For submittal dates, review procedures, and fees
see Section 2.25.
2.21.04 Additional Requirements
The additional requirements for a Minor Subdivision
shall be the same as those for a Final Plat, found
in Section 2.19.
IVA
LAND USE REGULATION CHANGES
Hearing Schedule
Section 2.25.02 - Types of Applications
1) Type I
ADD Type A - Minor Subdivision
3) Type III
DELETE Temporary Housing
Minor Subdivision
September 24, 19 85
(page 213)
5) Type IV
ADD Temporary Housing
Type B Minor Subdivision
Applications shall be presented to the Planning Commission
and County Commissioners at the next available meeting
after submittal.
Section 2.25.04 - Fees (page 215)
5) Mobile Home Park License Fees
Delete the above
ADD 6) Application for PUD
(Geological survey fees are charged in addition to these
fees)
a) Major
b) Minor
c) Amendment to PUD
$200 plus postage costs for notification of all owners
CHAINGE :
7) Application
for Subdivision
(Geological
survey fees are charged
in addition to these
fees)
Sketch and
Preliminary Plan
$500 plus
$5
( 20 units
or more )
per unit
( Less than
20 units )
$200 plus
$5
Final Plat
per unit
$200 plus
$10
per platted lot
S
September 24, 1985
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LAND USE REGULATION CHANGES
CHANGE Minor Subdivision $250
(Geological survey fees are charged in addition to these fees)
CHANGE 9) Zoning Variance $200
CHANGE 10) Subdivision Variance $200
RENUMBER 11) Exemption $ 50
RENUMBER 12) Temporary Housing Permit $200 - plus $10
Sign Permit m 20 unit
Section 2.07.09 (2) (d) (Page 86)
DELETE references to Camper Park Licenses
Section 2.06.01(f) (Page 25)
ADD "Including by way of example only: hay, alfalfa, fruit and excluding
specifically trees, shrubs, flowers and other garden plant materials."
Section 2.15.04 - Rights of Way
ADD - Road, railroad and utility rights of way or easements do not a
subdivide parcels of land.
RENUMBER:
2.15.05 - Access Requirement
2.11.03(10) Residential Project Entrance Signs
ADD: (d) Residential project entrance signs are exempt from setback
limitations.
WE
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