No preview available
HomeMy WebLinkAboutR83-080 - zoning resolution amendment. t RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83 -80 2G8,(;4"! BOOK3 PAGE .1� :_ JO:i.; _ 'i, LIPS Eel° --'DER NOV 11 1 22 AV83 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 WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board," is authorized pursuant to state enabling legislation including, but not limited to, Section 30 -28 -101 et sue., respectively, 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 referred to as "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 regulations governing such plans and plats by the Board; and WHEREAS, on or about December, 1982, the Eagle County Department of Community Development, on behalf of the Board, initiated proposed amendments to the Zoning Resolution of the County of Eagle, Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, 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 February 2, February 16 and March 2, respectively, 1983, 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 April 13, 1983, 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 bearing, 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, Colorado, 1979, as amended, and the Subdivision Regulations of -2- the County of Eagle, 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 interests of the inhabitants 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, Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, 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, and 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, 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, 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 M911 declared to be invalid. declared to be severable. For this purpose, this Resolution is 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 12-1- day of November, 1983, nunc pro tunc April 13, 1983. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS By 16. Z �oard B . Yh y _Clenk' f David E. Mott, Chairman County Commissioners - o. /J'j' W. Keith Troxel, CoInmissioner - *""� /7 �, /A ) I Dan i iams, Commissioner -4- EXHIBIT "A" TO RESOLUTION NO. 83 -80 Section 2.05 Definitions Add the Followin Electric Power Transmission line: Any power designed for or capable of the transmission of electricity 69 Kilovolts or greater and which em- anates from an electrical power plant or electric substation and terminates at a substation. Natural Gas Transmission Pipeline: Any pipeline and appurtenant facilities which are designed for or capable of trans- porting natural gas from a gathering line or storage facility to a distribution center or storage facility or which operates at a hoop stress of 20 percent or more of the Specific Minimum Yield Strength (SMYS), as calculated accord- ing to Part 192.105 of The Department of Transporation Re;ulations for the Transportation of Natural and other gas by pipeline. Appurtenant Facility Any building, structure or other property which is clearly incidental to and customarily found in connection with major facilities of public utilities, including, but not limited to metering stations, storage buildings, fences, compressor stations. Utilitv Substation Any facility designed to provide switching;, voltage trans- formation or voltage control required for the transmission of electricity 69 KV or greater. Electric Power Generation Facilit Any electric energy generating facility with generating capacity of (10) megawatts or more, and any appurtenant facilities therto. Water Storage Facility Enclosed impervious structure, capable of holding 5,000 gallons or more, either above or below ground and which is used to store water for public consumption or fire protection. - Utility Distribution Facility Any gas or electric lines other than gas transmission or electrical transmission line as defined herein, any tele- phone or telegraph line, or neighborhood substations. Neighborhood Substa n - Any facility used foi 7e purpose of reducing voltages to levels of o9 Kilovolts, or less, for distribution to individual users. Water Treatment Facilitv A structure designed for the provision of such treatment processes as disinfection, sedimentation, floculation, coagulation, or filtra- tion, which render a water supply potable and which is capable of holding 5,000 gallons or more. Section 2.06 - To each Zone District, add as use by right: Utility Distribution Facilities Generally, to each zone district designation, add as a special use: 1) Electric power transmission line 2) Natural gas transmission pipeline 3) Utility Substation 4) Electric power generation facility 5) Water storage facility if not addressed in a subdivision preliminary plan. 6) Water treatment facility if not addressed in a sub -pre- liminary plan 7) Sewage treatment facility if not addressed in a sub -pre- liminary elan 8) Water impoundments 9) Microwave antenna for commercial use in which transmissions are sold to consumers 10) Radio antenna for commercial use in which transmissions are sold to consumers Section 2.06.01 - Resource Uses, Special b) The following industrial uses and operations, in accord- ance with Section 2.07.07 Delete: 3) Utilities, electric power transmission line with a capacity of 69 KV or over, high pressure gas transmission line, pipeline, canal and aqueduct, sanitary landfill, and salvage yard. Add: 3) Electric power transmission 4) Natural gas transmission line 5) Utility substation 6) Eiectic power generation iacllity 7) [Water storage facility if not addressed in a subdivision preliminary plan 8) hater treatment facility if not addressed in a subdivision preliminary plan 9) Sewage treatment facility if not addressed in a subdivision preliminary plan 10) Water impoundments 11) Car impounaments lot 12) 6anitary landiili 13) Microwave antenna for commercial use,in which transmissions are sold to consumers 14) Radio antenna for commercial use, in which transmissions are sold to consumers •2.06.02 Resource cited 3) Special Uses Delete: ;) Utilities including electric power generation, electric power transmission lines with capacity of 69 KV or over, high pressure gas transmission line, pipeline canal. Add: ;) The following industrial uses and operations, in accordance with Section 2.07.07: 1) _ Electric power tranmission line 2) Natural gas transmission line 3) Utility substation 4) :Electric power generation facility 5) Water storage facility if not addressed in a subdivision preliminary plan 6) Plater treatment facility, if not addressed in a subdivision preliminary plan 7) Sewage treatment facility, if not addressed in a subdivision preliminary plan 8) Water impoundments 9) Microwave antenna for commercial use in which transmissions are sold to consumers 10) Radio antenna for commercial use in which transmissions sold to consumers Section 2.06.03 - Agricultural Residential *3) Uses, Special Delete: 0) Utilities, including eletric power generation, electric power transmission lines with a capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sani- tary landfill, and salvage yard. Section 2.06.04 - Agricultural Limited *3) Uses, Special Delete: P) Utilities, including electric power generation, electric power transmission lines with a capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sani- tary landfill, and salvage yard. Section 2.06.05 - Rural Residential *3) Uses, Special Delete: P) Utilities, including electric power generation, electric power transmission lines with a capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sani- tary land fill, and salvage yard. Section 2.06.06 - Residential /Suburban /Low Density *3) Uses, Special Delete: L) Utilities, including electric power generation, electric power transmission lines with a capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sani- tary landfill, and salvage yard. Section 2.06.07 Residential /Suburban medium Density *3) Uses, Special Delete: N) Utilities, including electric power generation, electric power transmission lines with a capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sani- tary landfill, and salvage yard. Section 2.06.08 - Residential Multiple Family *3) Uses, Special Delete: f) Utilities, including electric power generation, electric power transmission lines with a capacity of 69 KV or over, high pressure gas transmission line, pipeline canal, sani- tary landfill, and salvage yard. In each of the locations starred, add the following: The following utility uses and operations, in accordance with Section 2.07.07: . 1) Electric power transmission line 2) Natural gas transmission pipeline 3) Utility substation 4) Electric power generation facility 5) `'dater storage facility if not addressed in a subdivision preliminary plan 6) Water treatment facility if not addressed in a subdivision preliminary plan 7) Sewage treatment facility if not addressed in a subdivision preliminary plan 8) Water impoundments 9) Microwave antenna for commercial use in which transmissions are sold to consumers Section 2.06.09 - Commercial Limited 2) Uses, by Right Add: a) Any of the following uses by right when occurring on lots of one acre or less, or on lots of greater than one acre that are in an approved county subdivision which, when approved included the following site specific information: 1) Lot layout 2) Street pattern 3) Drainage plan 4) Landscaping plan 5) Utility plan Add: b) 22,000 square feet of any of the following uses by right: (c,d,e, ... relettered as appropriate) c ) Retail ... . d) Personal. . e) Office . . . 3) Uses, Special Add: X) Any of the uses by right listed above when occurring on lots of greater than one acre, that have not been approved through a county subdivision with the information as re- quired under the Uses, by Right above, except: - green belt 1 ' Section 2.06.10 - Commercial General 2) Uses, by Right Change a. Any Use, by Right of the Commercial Limited district and any of the following uses by right when occurring on lots of one acre or less, or on lots of greater than one acre that are in an approved county subdivision which, when approved, in- cluded the following site specific information: 1) lot layout 2) street pattern 3) drainage plan 4) landscaping plan 5) utility plan Add: b. 22,00 square feet of any of the following uses by right (c,d,e ..... relettered as appropriate) 3) Uses, Special a) Any special use of the C/L district subject to all con- ditions listed thereunder b) Any of the Uses, by Right listed above when occurring on lots of greater than one acre that have not been approved through a county subdivision with the information as re- quired under the Uses, by Right above Section 2.06.11 - Industrial 2) Uses, by Right Change: a) Industrial Uses, by Right as here listed when occurring on lots of one acre or less, or on lots of greater than 1 acre that are in an approved county subdivision which, when approved, included the following site specific information: 1) lot layout 2) street pattern 3) drainage plan 4) landscaping plan 5) utility plan Add: 22,000 square feet of any of the following uses, by right (c,d,e,f,g........ relettered as appropriate) 3) Uses, Special Change a) Any of the uses by right listed above when occurring on- lots of greater than one acre, that have not been approved through a county subdivision with the information as re- quired under the Uses, by Right above. Section 2.08.10(4) Mobile Home Park License Suspension or Revocation I. In addition to any other remedies and enforcement provisions provided by these Land Use Regulations or by law, the Board has the power, on its own motion or on complaint, after investigation and public hearing at which the owner, operator, and /or (licensee) shall be afforded an opportunity to be heara, to suspend or revoke any (mobile home park license) issued by the Board for any violation by the owner, operator and /or (licensee) or by any of the agents, servants or employees of such owner, operator and /or (licensee) of the applicable provisions of these Land Use Regulations, or any of the terms, conditions or provisions of the (mobile home park license) issued by the Board. 2. Whenever a written complaint shall be filed with the Board, charging any owner, operator and /or (licensee) of a (mobile home park license) with a violation of the provisions of these Land Use Regulations or of the terms, conditions or provisions of the (mobile home park license) issued by the Board, the Board shall determine by investigation or otherwise the probable truth of such charges. If it shall appear therefrom or shall otherwise come to the attention of the Board that there is probable cause to believe that the owner, operator and /or (licensee) has violated these Land Use Regulations or such (mobile home park license), the Board sha11 issue and caused to be served upon such owner, operator and /or (licensee) a notice of hearing and order to show cause why his/her - home park license) should no be suspended or revoked. 3. Notice of any hearing before the Board on the revocation or suspension of a (mobile home park license) shall be given in accordance with Section 2.25.01 of these Land Use Regulations. • 1� . t 4. The Board in its determination of whether to revoke or suspend the (mobile home park license) which is the subject of the revocation or suspension hearing, shall consider, among other factors, the nature and magnitude of the violations found to exist; the impact of such violations on the health, safety and welfare of adjacent property owners and surrounding communities; and any other evidence presented in aggravation or in mitigation, as the case may be, of the violations committed. Section 2.09.06 Revocation of Special Use Permit 1. In addition to any other remedies and enforcement provisions provided by these Land Use Regulations or by law, the Board has the power, on its own motion or on complaint, after investigation and public hearing at which the owner, operator, and /or (permittee) . shall be afforded an opportunity to be heard, to suspend or revoke any (special use permit) issued by the Board for any violation by the owner, operator and /or (permittee) or by any of the agents, servants or employees of such owner, operator and /or (permittee) of the applicable provisions of these Land Use Regulations, or any of the terms, conditions or provisions of the (special use permit) issued by the Board. 2. Whenever a written complaint shall be filed with the Board, charging any owner, operator and /or (permittee) of a (special use permit) with a violation of the provisions of these Land Use Regulations or of the terms, conditions or provisions of the (special use permit) issued by the Board, the Board shall determine by investigation or otherwise the probable truth of such charges. If it shall appear therefrom or shall otherwise come to the attention of the Board that there is probable cause to believe that the owner, operator and /or (permittee) has violated these Lard Use Regulations or such (special use permit) the Board shall issue and caused to be served upon such owner, operator and /or (permittee) a notice of hearing and order to show cause why his /her (special use permit) - should not be suspended or revoked. 3. Notice of any hearing before the Board on the revocation or suspension of a (special use permit) shall be given in accordance with Section 2.25.01 of these Land Use Regulations. 4. The Board in its determination of whether to revoke or suspend the (special use permit) which is the subject of the revocation or suspension hearing, shall consider, among other factors, the nature and magnitude of the violations found to exist; the impact of such violations on the health, safety and welfare of adjacent property owners and surrounding coriLmunities; and any other evidence presented in aggravation or in mitigation, as the case may be, of the violations committed. r 2.23.03 Hearing Schedule DUE DATE 1) Type I Applications Change: A. lst working day of month Change: B. 15th of month 2) Change: Change 3) Change: Change HEARINGS Planning County Commission Commissioners 3rd Wednesday of subsequent month lst Wednesday of second month Type II Applications A. lst working day lst Wednesday of month of subsequent month B. 15th of month 3rd Wednesday of subsequent month Type III Applications 4th Wednesday of subsequent month 2nd Wednesday of second month 2nd Wednesday of subsequent month 4th Wednesday of subsequent month A. lst working day 3rd Wednesday 4th Wednesday of month of same month of same month B. 15th of month lst Wednesday 2nd Wednesday of of subsequent subsequent month month