HomeMy WebLinkAboutR01-042 amending LUR's Chapter II, Article 5 and Article 6Commissioner moved adoption
of the tollowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2001- �oL
IN THE MATTER OF AMENDING
CHAPTER H, ARTICLE 5, SECTION 5- 270(A)(1)
and
CHAPTER H, ARTICLE 6, SECTION 6- 120(3)(2)
of the
EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER, 1998
FILE NO. LUR -0034
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, C.R.S. §30 -28 -101, et sue., 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 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 Eagle County Resolution No. 98-
147; and
WHEREAS; ' §30 -28 -116, C.R.S., and Chapter 1, Section 1.15 and Chapter 2, Section 5-
230 of the L.U.R. provide for the adoption and amendment the L.U.R. by the Board; and
WHEREAS, on December 28, 2001, the Eagle County Department of Community
Development, initiated the proposed amendments to Chapter II of the L.U.R., in order to amend
Chapter II, Article 5, Section 5- 270(A)(1) to provide for lot line adjustments outside platted
subdivisions and Chapter II, Article 6, Section 6- 120(13)(2) to create a merger exception for the
Nelson Access Road Community; and
WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the
proposed amendments on February 8, 2001, and certified their comments and recommendations
with respect thereto to the Board; and
IIIIIIIIX Pa n0x6 m.
,3m
Sara J Fisher Easle, CO 370 R 0.00 D 0. 00
WHEREAS, the Eagle County Planning Commission reviewed the proposed
amendments on February 7, 2001, and certified their 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 February 20, 2001, in the Board
of County Commissioners meeting room, in the Eagle County Building, Eagle, Colorado; and
WHEREAS, having reviewed all of the evidence, testimony, statements and exhibits
submitted at the public hearing, as well as the comments from the Eagle County Planning
Commission, the Roaring Fork Valley Regional 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, the Board 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,
finding as follows:
1. Pursuant to Chapter I, Section 1.15.04 Referrals of the Eagle County Land Use
Regulations:
a. The proposed amendments HAVE been referred to the appropriate referral
agencies for an advisory opinion.
b. The proposed amendments HAVE been referred to the City Clerk of all
incorporated municipalities for recommendation by the city or town
planning commission or city council or town board, or agents designed by
them.
C. The proposed amendments HAVE been referred to the Division of
Planning of the Department of Local Affairs for advice and
recommendation.
d. The proposed amendments ARE NOT significant amendments to
provision of these Land Use Regulations relating to subdivision matters
and therefore HAVE NOT been referred to the Land Use Commission for
comment.
2. Pursuant to Chapter I, Section 1.15.05 Public Hearing of the Eagle County
Land Use Regulations: Public notice HAS been given pursuant to Section
1.15.05(1), Section 1.15.05(2) and Section 1.15.05(3) of this Chapter.
3. Pursuant to Chapter R, Section 5- 230(B)(2) Text Amendment of the Eagle
County Land Use Regulations:
a. The proposed amendments SOLELY AMEND THE TEXT of the Eagle
County Land Use Regulations and DO NOT amend the Official Zone
District Map or any other map incorporated into the Regulations by
reference.
b. Precise wording of the proposed changes HAS been provided.
4. Pursuant to Chapter II, Section 5- 230(D) Standards of the Eagle County Land
Use Regulations as applicable
a. The proposed amendments ARE consistent with the purposes, goals,
policies, and Future Land Use Map of the Eagle County Master Plan.
b. The proposed amendments DO address a demonstrated community need.
The proposed amendments ARE in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Chapter II, Article 5, Section 5- 270(A)(1) of the Eagle County Land Use
Regulations, is hereby amended to include subsection (d), effective February 20, 2001, as set
forth in Exhibit A attached hereto and incorporated herein by this reference.
THAT, Chapter II, Article 6, Section 6- 120(B)(2) of the Eagle County Land Use
Regulations, is hereby amended, effective February 20, 2001, as set forth in Exhibit B attached
hereto and incorporated herein by this reference.
THAT, these amendments 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 hereby directed to transmit a true and
correct copy of the Eagle County Land Use Regulations, as amended, to the Colorado Land Use
Commission.
THAT, should any section, clause, provision, sentence or word of this Resolution,
including the attached Exhibits, 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.
-`'
C/ ;
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the .clay of
Y A4 200 1, nunc pro tunc to the 20' day of February, 2001.
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vot was as follows:
Commissioner Stone
Commissioner Gallagher
Commissioner Menconi
This Resolution passed by 3 -C) vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
G:Uackie\Reso \C- Dev\L.ot lines adoption.wpd
( r
Page 5 -59
Amend Section 5- 270.A.1., adding:
(d) Lot Line Adjustments. Are for the purpose of making a lot line adjustment to correct
boundary errors, align boundaries with topographic features, or straighten boundaries.
This applies only to contiguous lots, neither of which lies within a subdivision approved
pursuant to these Land Use Regulations, and which are not subject to merger with each
other pursuant to Section 6- 120.B., Contiguous Parcels Under Single Ownership The
Board may exempt a lot line adjustment if.
(1) the total area of land subtracted from the one lot and added to the other, net of any
addition to that lot as a result of the lot line adjustment, does not exceed 25% of the total
area of the lot from which it is subtracted,
(2) the resulting lots are in substantially the same configuration as the original lots before
the adjustment, and ,
(3) the lot line adjustment
(a) does not create a nonconforming (in terms of applicable zoning), lot or increase
the nonconformity of any lot, or
(b) the Board determines that:
(i) a site plan can be designed for the nonconforming lot(s) that is
consistent with the use requirements of these Land Use Regulations, and
minimizes to the greatest degree practicable any nonconformities, and
(ii) the nonconforming lot(s) can function adequately for its designated land
use pursuant to a site plan(s) approved for the nonconforming lot(s) as a
part of the exemption, and
(iii) notwithstanding the nonconformity(ies) of the lot(s) which results
from the adjustment, the site of the nonconforming lot(s), taken as a whole,
provides a more useable lot, or one more compatible with the
neighborhood or with the public health and safety, than existed before the
adjustment.
F:\DOCS\PLANDIV\REGS\lot line adjustment.wpd
EXHIBIT
G I
ARTICLE 6. NONCONFORMITIES 6 -120. NONCOMFORMING LOTS OFRECORD
SECTION 6 -120 ' NONCONFORMING LOTS OF RECORD
A. General. Where a legal lot of record has an area or frontage that does not conform to the
standards of these Land Use Regulations, but it was a legal lot of record on January 1, 1999, the
effective date of these Land Use Regulations, such lot or parcel of land may be developed,
provided it is not a contiguous lot under common ownership as defined in Section 6- 120.B.,
Contiguous Parcels Under Single Ownership and the minimum yard standards for the zone district
in which it is located are met or a variance from these standards is obtained pursuant to Section
5 -260, Variances
(am 9/27/99)
1. Minimum Use Allowed. In all instances, and except for a contiguous lot under single
ownership, this Section shall be interpreted to allow one (1) single family dwelling unit
to be located on a nonconforming legal lot of record, and in the Resource (R) Zone
District only, to allow a nonconforming legal lot of record to maintain those agricultural
uses that are allowed uses in that zone district.
2. Other Uses. In all zone districts, except for the Fulford Historical (FH) and Backcountry
(BC) zone districts, this Section shall be interpreted to allow the owner of a
nonconforming lot of record to apply, pursuant to Section 5 -250, Special Uses for any
other use that is allowed, allowed by limited review, or allowed by special review, in the
applicable underlying zone district.
B. Contiguous Parcels Under Single Ownership. Any two (2) or more contiguous parcels of land
under single ownership shall constitute a single lot which cannot be subdivided without the prior
approval of Eagle County, as prescribed in these Regulations.
1. Division is a Subdivision. In the event that two (2) or more contiguous lots, previously
separately conveyed or described, shall come under single ownership, regardless of
diverse times of acquisition by the single owner and whether or not the property was
acquired prior to the effective date of these Regulations, the division of such land into two
(2) or more lots, separate interests, interests in common or other division, even if divided
along the line(s) of a previously described or conveyed lot(s), shall constitute a subdivision
of land.
2. Limits to Applicability. Nothing herein shall be deemed to apply (a) in the Fulford
Historical Zone istrict
e ::> :::..:............................................. ............................... '. ...............................
recorded
n pan o
1 ho 0
a of shown
subdivision plat if such subdivision has been approved and signed by the Board of County
Commissioners, or (d) to a legal lot of record which conformed to the applicable zoning
standards at the time the single ownership came into being or, if later, when zoning first
applied to the lot (October 19, 1974). This Section 6- 120.B. applies only when the single
ownership of the contiguous lots existed on, or at any time after, October 19, 1974.
LAND USEREGULATIONS 6 -3 EAGLE COUNTY, COLORADO
G: tPLANNINGILURiArticle 6LURIEAGLART6 June 20.wpolanuary 26, 2000
Wh y
•ar
"`�u+�� �:,.�; `` rr ��` 5 � d d :. `� £�E`�+�,y3�ie.�.Y.,Y �� .b�z,a �•s ���•4 S
�.. •• ° fix. taY z , y t i a r a � R� ,= � �, -f ' n... . .z, - �°�"�.
3 7 ,2 p �
a y
K 'vi -j C
