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HomeMy WebLinkAboutR99-167 amending lur 3, 4, 5, 6 and appendix A of IICommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99- 16 IN THE MATTER OF AMENDING ARTICLES 3, 4, 5, 6, and APPENDIX A of CHAPTER II of the EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER, 1998 FILE NO. LUR -00030 WHEREAS, the Board of County Commissioners 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 sea ., to plan for and regulate the use and development to 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.98 -147; and WHEREAS, C.R.S. 30 -28 -116, and Chapter 1.15 and Chapter 2, Section 5 -230 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, C.R.S. 30 -28 -133, and Section 1.15 and Chapter 2, Section 5 -230 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on May 3, 1999, the Eagle County Department of Community Development, initiated proposed amendments to Articles 3, 4, 5, 6, and Appendix A of Chapter II of the Eagle County Land Use Regulations, in order to provide for a demonstrated community need, such proposed amendments were referred to the Roaring Fork Valley Regional Planning Commission and the Eagle County Planning Commission for their review and comment; and 1111111 111 111111 111111111111111111111111111111 710596 09/30/1999 01:03P 370 Sara Fisher 1 of 30 R 0.00 D 0.00 N 0.00 Eagle CO Commissioner �� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 -� IN THE MATTER OF AMENDING ARTICLES 3, 4, 5, 6, and APPENDIX A of CHAPTER II of the EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER, 1998 FILE NO. LUR -00030 WHEREAS, the Board of County Commissioners 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 sea ., to plan for and regulate the use and development to 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.98 -147; and WHEREAS, C.R.S. 30 -28 -116, and Chapter 1.15 and Chapter 2, Section 5 -230 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, C.R.S. 30 -28 -133, and Section 1.15 and Chapter 2, Section 5 -230 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on May 3, 1999, the Eagle County Department of Community Development, initiated proposed amendments to Articles 3, 4, 5, 6, and Appendix A of Chapter II of the Eagle County Land Use Regulations, in order to provide for a demonstrated community need, such proposed amendments were referred to the Roaring Fork Valley Regional Planning Commission and the Eagle County Planning Commission for their review and comment; and WHEREAS, the Roaring Fork Valley Regional Planning Commission and the Eagle County Planning Commission reviewed the proposed amendments on July 7, 1999, and July 21, 1999, respectively, 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 August 2, 1999, and September 7, 1999, 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 and recommendations of 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 Articles 3, 4, 5, 6, and Appendix A of Chapter II of the Eagle County Land Use Regulations 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 1, 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 RAVE been referred to the Division of Planing of the Department of Local Affairs for advice and recommendation. (d) The proposed amendments ARE NOT significant amendments to provisions of these Land Use Regulations relating to subdivision matters and therefore RAVE NOT been referred to the Land Use Commission for comment 2 2. Pursuant to Chapter 1, Section 1.15.05 Public Hearin 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.(2) of this Chapter. 3. Pursuant to Chapter 2, Section 5- 230.B.2. Text Amendment of the Eagle County Land Use Regulations: (a) The proposed amendments SOLELY AMENDS 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 HAVE been provided. 4. Pursuant to Chapter 2, 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. (c) 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, Articles 3, 4, 5, 6, and Appendix A of Chapter II of the Eagle County Land Use Regulations, are hereby amended, effective to read as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, these amendments of Articles 3, 4, 5, 6, and Appendix A of Chapter II of the Eagle County Land Use Regulations 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 3 Subdivision Regulations, as amended, to the Colorado Land Use Commission. 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 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 the 27 day of September, 1999, nunc pro tunc to the 7th day of SEPTEMBER, 1999. COUNTY OF EAGLE, STATE OF COLORADO dl By and Through Its BOARD OF COUNTY ATT MMIS.IONERS 61 0PA�� BY BY: Sara J. fisher hnn Phil, chair Clerk of the Board of County Commissioners E. Johnson, BY: CJU' To C. Stone, Commiss Commissioner L3 o k ol Cm , seconded adoption of the foregoingl6esolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner Tom C. Stone This Resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. V l EXHIBIT A To Resolution 99- of the Board of Eagle County Commissioners AMENDMENTS to Articles 3, 4, 5, 6, and Appendix A of Chapter II of the Eagle County Land Use Regulations Appendix A Certificate of Dedication and Ownership 5 Appendix A Certificate of Dedication and Ownership (for Exemption Plat) Know all men by these presents that being sole owner(s) in fee simple, mortgagee or lienholder of all that real property situated in Eagle, County, Colorado described as follows: containing _ acres more or less; have by these presents laid out and platted the same as shown on this plat under the name and style of , an exemption plat of lands in the County of Eagle; and does hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby dedicate those portions of said real property which are created as easements on the accompanying plat for the purposes shown herein, unless otherwise expressly provided thereon; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. EXECUTED this day of , A.D., 19_ Owner Owner Owner Mortgagee or Lienholder STATE OF COLORADO) SS COUNTY OF EAGLE ) Mortgagee or Lienholder The foregoing Certificate of Dedication and Ownership was acknowledged before me this _day of A.D. 19, by My Commission expires Witness my hand and official sea]. (SEAL) Notary Public >J Appendix A County Commissioners' Certificate Appendix A County Commissioners' Certificate (for Exemption Plat) This Exemption Plat approved by the Board of County Commissioners of Eagle County, Colorado this _ day of , A.D., 19_, for filing with the Clerk and Recorder of Eagle County and for conveyance to the County of the public dedications shown hereon; subject to the provisions that approval in no way obligates Eagle County for maintenance of roads dedicated to the public unless and until the Board of County Commissioners of Eagle County has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that the size, soil conditions, subsurface geology, ground water conditions or flooding conditions of the lot shown hereon are such that a building permit, sewage disposal ermit or any other required permit will be issued. hairman, Board of Cou Commissio ers agle County, Colorado Witness my hand and seal of the County of Eagle Clerk to the Board of County Commissioners Appendix A Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder at o'clock on this day of , 19_ and is duly recorded at Reception No. Clerk and Recorder By , Deputy [Amendment solely adds "Adjacent Property" to Section 2 -110 DEFINITIONS, and alters the definition of "Lot. " The remainder of Section 2 -110 DEFINITIONS is unchanged and is not included as a part of this Exhibit A ] ADJACENT PROPERTY, as used for the purposes of meeting public notice requirements as set forth in these regulations, means the property touching any part of the property which is the subject of the application. If an adjacent property is a public road, trail, or right -of -way, railroad right -of -way, stream, or river, the adjacent property shall also be the property on the opposite side of it. LOT means a parcel of land as established by plat or deed. Section 3- 300.C. Limited Review Uses. "L" indicates uses that are allowed, subject to limited review. The Community Development Director shall verify that development of the use complies with all of the standards and requirements of these Land Use Regulations, pursuant to Section 5 -2100, Certificate of Zoning Compliance and Section 5 -300, Limited Review Use TABLE 3 -310 B DIMENSIONAL STANDARDS FOR CLUSTER DEVELOPMENT OPTIONS Zone Minimum Maximum Density '-, 4 Max. Lot Coverage/ Floor Area District Lot Area' Option A Option B R 1 unit per 35 N/A no limitation acres RL 10 acres 1 unit per 20 1 unit no limitation acres per 15 acres AR 5 acres 1 unit per 10 1 unit no limitation acres per 8 acres AL 2.5 acres 1 unit per 5 1 unit no limitation acres per 4 acres RR 1 acre I unit per 2 1 unit no limitation acres per 1.6 acres RSL 7,500 s.f. I unit per 1 unit see note 3 15,000 s.f. per 10,000 sX.. RSM 4,000 s.f. I unit per 1 unit per see note 3 8,000 s.f. 6,000 s.f. RMF 12 units /acre 16 units /acre see note 3 Notes: 1. Minimum lot area means the minimum size of the residential lots that can be created in a cluster development. 2. Density shall be calculated counting only the number of principal dwelling units per lot, excluding any accessory dwelling units that may also be approved for the property. 3. These standards are the same as in the underlying zone district. 4. Slope restrictions may apply pursuant to 4 -420, Development In Areas Subject to Geoloeic Hazards Section 3- 310.A.8. [Accessory Dwelling Unit] Public Notice. Entire Section deleted. J Section 3- 310.C. Bed and Breakfast 1. Parking. The bed and breakfast shall provide one (1) parking space for each accommodations unit, in addition to any parking required for the primary residential dwelling unit. 2. Maximum Number of Accommodation Units. The bed and breakfast shall not contain more than six (6) separate rental guest accommodation units. Morning meals shall be provided for guests in one common eating area and/or to the guest room. 3. Owner Shall Live on Premises. Operation of the bed and breakfast shall be secondary and incidental to the primary residential use. [Amendment solely separates Barber or Beauty Shop from Personal Adornment /Tattoo Parlor and establishes the former as Uses by Right in the CIL , CIG and RIC Zone District. The remainder of Table 3 -320 is unchanged and is not included as a part of this Exhibit A ] TABLE 3 -320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by Limited Review; C /L' CIG' I' RC' Standards S'= Allowed ;by Special Review; N,=Not Allowed Retail Uses, Restaurants, Personal Services and Offices Adult Entertainment Uses N S S S Sec. 3 -330 H Agricultural Equipment, Supplies and Materials Store L R R L Appliance Sales R R N R Appliance Service or Repair L R N S Art Gallery R R N R Auto Service Station and Repair Garage' S S R S Auto and Vehicle Parts Store R R N R Bank R R N R Barber or Beauty Shop R R N R Book, Music or Video Store R R N R 10 TABLE 3 -320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by Limited Review; S = Allowed by Special Review; N =Not Allowed C2' C /G' It RCz Standards Car Wash R R R L Clothing or Dry Goods Store R R N R Computer Sales Store R R N R Computer Service R R R R Drive - Through Facility S S N S Sec. 3 -330 A Farmers Market R R S R Feed Store R R N R Food or Beverage Store or Bakery R R N R Furniture Store R R N R Garden Supply and Plant Materials Store /Greenhouse/Nursery R R R R Sec. 3 -330 B Hardware Store R R N R Indoor Amusement, Recreation or Theater R R N R Laundromat R R N R Laundry or Dry Cleaning Pick -Up Station R R N R Medical or Dental Clinic, including acupuncture R R N R Mortuary R R N R Office, Business or Professional R R N R Personal Adomment/Tattoo Parlor R R N R 11 X .L 5 E Y u d R L D o h 0 Vl 0 � 0 h 0 V1 0 N U O U O O O U O N L N O p p :D U V] R W OA O C W OA O G W Cp O C w b0 p G LS w Gp p c W W O� G Le C N w CJ v� F t y w N y w 6J y W N y W N W N :° ° w 0 0 0 0 0 U O U 0 0 N p 0 N p 0 Q a R W O w CO CZ � In Y ° p N 'N � d ' U � N ' U � � y 'O y • y 'O ° i � r •C y tv Vl y W v � V) y w v � N y w a� bll N v C� y W v .SG ° w y a L °z9 aw w Vj z G O u O N. O yr_ O O O p v� O p vi O p vi O p vt O p vt a co ` . � v 2 2 cn O acerb CZ 7i w s�� =R ; =A roo rao <oo Boa moo QUa ¢ V.a ay.a QU.a a W o 0 ` Op U —• pp U m= u o E d a E � v 4 E� O W N Ls. y N U U ' O m o L U U � W N 'a a a a w M E s C R Uj u O O O u ;O u w - 00 O W w n0 w b0 � a � d � v aRi °.'• Op u N OD L N OO : y C M W ?0 � L❑ � -� 9 R L 5 F � r� R W Vi 0 0 o N o 0 0 Pro ' C p Q N O N t3 R U L N V tC V1 � (� � !A U U R U U U U N U U U U U ¢Ua aU ° ¢U-1 ¢U ¢Ua . ° D A R o 0 0 0 _. w z z z z N O L N t U° z z z Voo � I� Q O O v r a N h A C a m U U M xs 7 C x E Y C F u - � d v? wo = T U c R d � � w — E .fl c z v u C c c A c a R N � ro ° d t W 5 E '5 y a . d o V1 bA R 'D _ U O vi C E o nn W � d -m r o 0 W E o w � L H 'w T 0 0 y O d .. ym ya o y E f� o L U 7 wo = T U c c an d O C c c A c a R N � ro ° d t W 5 E '5 y �. ❑ . d o V1 bA R 'D _ U O vi C N nn a s d T 0 0 o y E ° C .0 C d A O C� O V C C ❑ 'U" B O � U w T .� E s •• a � � " ° A c M w �— c d C V d o i d N ,❑ L G U Ec C U O C d U ry A p 0 ,Z .- N � } ■ \\ \ \ ) \ \\\ \ \ \ / / \ \ \\ \ - \ � { tz co to \ \> \ \ \ \ \/§ / - \ } / ( ) / w ) \ < � } ■ Section 3- 340.C.3.c. Roof Overhangs, Stairways and Decks. Roof overhangs, stairways and decks greater than thirty (30) inches in height may project eighteen (18) inches into any required front, side or rear yard. Decks that are less than thirty (30) inches in height may project into any required front, side or rear yard without limitation. Section 4- 140.E. Handicapped ( "Accessible ") Parking. Any use requiring special access, as defined in the Uniform Building Code (UBC) or the American National Standard A- 117.1 -1992 published by the Council of American Building Officials (CABO /ANSI Al 17.1), shall provide, according to Table 4 -140 except as otherwise required under UBC or CABO /ANSI Al 17.1, as each may be amended from time to time, spaces for use only by persons with disabilities ( "handicapped parking," "accessible parking "). One van accessible parking space shall be provided for every five (5) accessible parking spaces, or fraction thereof. 1. Minimum Width. Parking spaces shall have a minimum stall width of eight and one -half (8.5) feet with an adjacent access aisle five (5) feet wide. Parking access aisles shall be part of the accessible route to the building or facility entrance and shall further comply with the UBC or CABO /ANSI A117.1. Two accessible parking spaces shall be permitted to share a common access aisle. a. Van Parking Adjacent Access Aisle. Van parking shall have a minimum adjacent access aisle width of eight (8) feet. b. Passenger Loading Zones. Passenger loading zones shall provide an access aisle five (5) feet in width and a minimum of twenty (20) feet long, adjacent and parallel to the vehicle pull -up space and at the same level as the roadway. Passenger loading zone access aisles shall be part of the accessible route of travel to the building or facility entrance. 2. Sign. Accessible parking spaces shall be identified by a sign showing the international symbol of accessibility complying with CABO /ANSI A.117.1 section 4.28.8 . Signs shall not be obscured by a vehicle parked in the space. 3. Location. Except as otherwise excepted or modified by the UBC, accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. 4. Design and Construction. Design and construction of handicapped parking shall be in accordance with CABO /ANSI A117.1. M 5. Most Restrictive Provisions Apply. Where there may be a conflict in the particulars between these Land Use Regulations, the UBC, and /or CABO /ANSI Al 17. 1, as each may be amended from time to time, the most restrictive provision shall apply. TABLE 4 -140 NUMBER OF ACCESSIBLE PARKING SPACES Total Parking Spaces in Lot or Garage Minimum Required Number of Accessible Spaces 1-25 1 26-50 2 51 -75 3 76- 100 4 101 - 150 5 151-200 6 201 -300 7 301-400 g 401-500 9 501-1,000 2% of total spaces Over 1,000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000 17 SINGLE ROW PARKIN -, IF ANGLE OF STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS VARY, THEN THE GREATER THE AISLE MUST BE DIMENSIONS WILL BE 9'x18' DISTANCE FOR THE AISLE 24 FEET WIDE OR AS OTHERWISE SHOWN. WILL APPLY. FOR OUTDOOR PARKING STALLS DIMENSIONS WILL BE 10'x20' OR AS DESCRIBED IN SECTION 4 -140 DESIGN STANDARDS FOR PARKING AND LOADING AREAS, PARAGRAPH B. MINIMUM DIMENSIONS OF PARKING AREAS. 0 PARALLEL `- '+-"-' m PARKING V. 0 o 1 ONE -WAY 1 iv 30 DEGREE ANGLE PARKING O 1 N ♦• D 45 DEGREE ONE -WAY 1 ANGLE PARKING 0 N N O 1 ONE -WAY �ol 1 N TWO -WAY 90 DEGREE ANGLE PARKING v N [Handicapped Parking diagram deleted? 60 DEGREE ANGLE PARKING W. Section 4- 620.D. Functional Classifications By County. In addition to the road classifications under ISTEA, Eagle County classifies other roads in the county as Major and Minor Collector Roads, both Rural and Urban, due to their functional characteristics as defined by AASHTO. The user of these Improvement Standards may, therefore, find a dual classification for some Eagle County roads. For administrative and design purposes, roads shall be classified as shown in Classification of Roads in Eagle County. The current classification is attached hereto as Appendix C and will be replaced as the classification is amended from time -to -time by the County Engineer. Roads within the jurisdiction of unincorporated Eagle County are classified as follows: 19 J ) cq 5 / / \ \ \ 0 E g . _ | ( § | | | u o u u u \/ u o / u - } - \ 2 f / 2 q } « _ § e . k a§ ; j : - \ , ¥ E 3 ± / \ C4 C� a a a » § : ? f § ) ) ) ) ) ) ƒ ) ) ) ) ƒƒ ) ) ) ) - 4$ / / / / ƒ / / \ / / / / ƒ / 0 \ cq Section 5- 210.D.2.g. Adjaa cnt Property Owners. A list of all adjacenrproperty owners , compiled by the applicant using the most recent County ad valorem tax rolls, is required for all applications and shall be submitted to the Community Development Director as part of the application for development. In addition to submitting a written list, the applicant shall also submit the addresses on adhesive labels or in the form of pre- addressed envelopes. Section 5- 210.D.2.h. Additional Requirements. Submittal requirements as outlined in the specific development permit section of these Land Use Regulations. Section 5- 210.D.5. Scheduling of Public Hearing(s). The Community Development Director shall ensure that the appropriate public hearing or public hearings on the application shall be scheduled pursuant to Section 5- 210.E., Notice of Public Hearings for a regularly scheduled meeting or a meeting specially called for that purpose by the decision - making, administrative, or advisory body reviewing the application. The first public hearing shall be scheduled no later than sixty (60) days after the application has been determined to be complete, providing sufficient time for a Staff Report to be prepared, and for the public notice requirements to be satisfied. Section 5- 210.E. Notice of public hearings. All applications for development permits requiring public hearings shall follow the provisions of this subsection with regard to public notice and the conduct of such public hearings. Minor Subdivisions shall comply with the provisions of this subsection except that Type Minor B Subdivisions are exempt unless the application is for the creation of three (3) or fewer lots from otherwise unimproved land. The Community Development Director shall be responsible for: (1) placing notice in the newspaper; (2) mailing notice to adjoining landowners; and (3) furnishing a copy of the sign to the applicant. The applicant shall be responsible for: (1) providing the Community Development Director with a list of adjacent landowners from the most recent County ad valorem tax rolls; (2) paying for the costs of publishing notice and mailing notice; (3) posting the sign(s) on the property; and (4) submitting an affidavit that notice was properly posted on the property. P.il Section 5- 210.E.1. Note. c'in newspaper. All applications shall be auvertised in the legal notice section of an official County newspaper. Notice of an application for amendments to the text of these Land Use Regulations and the Zoning District Map and all development permits requiring a public hearing except those for Subdivision shall be published no less than fourteen (14) calendar days prior to the date of the first public hearing. Notice of an application for a Sketch Plan or Preliminary Plan for Subdivision shall be published a minimum of twenty -one (21) days before the Planning Commission public hearing and thirty (30) days before the Board of County Commissioner's public hearing. Such notices shall contain the following information: Section 5- 210.E.2. Mailed notice. A notice containing all the information required under Section 5- 210.E.1., Notice in Newspaper shall be sent by mail, first -class postage prepaid, to all landowners of the land subject to the application and all adjacent landowners of the land subject to the application no less than fifteen (15) calendar days prior to the public hearing, except for notice for subdivision applications, which shall be sent no less than ten (10) calendar days prior to the hearing. Section 5- 210.E.3. Posted notice. All lands subject to a public hearing shall be posted with at least one (1) notice (a sign) of the public hearing at least fifteen (15) calendar days prior to the public hearing except for notice for subdivision applications, which shall be posted no less than ten (10) calendar days prior to the hearing. The dimensions of the sign(s) shall be a minimum of two (2) feet by three (3) feet. The sign(s) shall state the type of application sought for the land, the Eagle County file name, and number, and that more detailed information is available about the application in the Community Development Department. Signs are available in the Department of Community Development during regular business hours. The sign(s) shall be set back no more than twenty -five (25) feet from the street, and shall be erected in full view of the public on each street side of the land subject to the application. Where the land does not have frontage on a public or private street, the sign(s) shall be erected on the nearest street right -of -way with an attached notation indicating generally the direction and distance to the land subject to the application. The materials to which the sign(s) is affixed shall be sturdy and waterproof or shall have a waterproof covering. The posting of such sign(s) will be the responsibility of the applicant, and applicant shall make every reasonable effort to maintain a sign upon the property for the duration of the posting period. Prior to public hearing, the applicant will provide a sworn certification that such notice was posted on the property in accordance with these guidelines, and that property has remained so posted for the required number of days prior to the public hearing. The sign(s) shall be removed after the decision is rendered on the application. The failure of any such posted notice to remain in place after the notice has been properly posted, without the applicant's knowledge and despite applicant's reasonable efforts to maintain 3 the ssn(s), shall not be deemed a failure to comp,y the standards, or be grounds to challenge the validity of any decision made on the application. Section 5- 210.F.5.f(1). Recording of public hearing. The body conducting the public hearing shall record the public hearing by any appropriate means, including transcription, audiotape, or videotape. A copy of the public hearing record may be acquired upon reasonable notice by any person upon application to the Community Development Director and payment of a fee to cover the costs of duplication of the record, pursuant to the Eagle County fee schedule. Section 5- 240.F.3.h(5). Notice of Planned Unit Development Designation. Subsequent to approval of a Resolution approving a Preliminary Plan for PUD which shall constitute a Planned Unit Development (PUD) zone district designation, the Community Development Director shall file with the Clerk and Recorder of Eagle County the following notice: SECTION 5 -260. VARIANCES This Section sets forth the procedures and conditions for a Variance Permit from certain standards of these Land Use Regulations. Variances are deviations from the terms of these Land Use Regulations that would not be contrary to the public interest when owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness, or the shape of a specific piece of property, the literal enforcement of the provisions of these Land Use Regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owners of the property. A. Procedure. 1. Initiation. Applications for a Variance Permit may be submitted at any time to the Community Development Director by the owner, or any other person having a recognizable interest in the land for which the Variance is proposed, or their authorized agent. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application and shall also contain a drawing of the site, showing existing and proposed features and those limitations of the underlying zone district that are relevant to the review of the proposed variance. 2. Review of Applications. The submission of an application for a Variance Permit, determination of its sufficiency, staff review of, and scheduling of a public hearing for an application for a Variance Permit shall comply with the procedures established in Section 5- 210.D, Common Procedure for Review of Applications 3. Decision of Zoning Board of Adjustment. The Zoning Board of Adjustment shall conduct a public hearing on an application for a Variance Permit. At the public hearing, the Zoning Board of Adjustment shall consider the application, the relevant support 23 materials, the staff Report, and the public testimony given `ai the public hearing. After the public hearing, the Zoning Board of Adjustment shall render a decision either to approve, approve with conditions, or disapprove a Variance Permit based on the standards in Section 5- 260.13, Standards B. Conditions in development permit. All conditions imposed upon any Variance Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Variance Permit. C. Effect of issuance of a Variance Permit. 1. General. Issuance of a Variance Permit shall be deemed to authorize only the particular development for which it is issued. A Variance Permit shall run with the land. 2. Time limitations. All Variance Permits shall expire three (3) years from the date of issuance if no Building Permit has been issued to establish the use authorized in the Variance Permit, or if the use does not require a Building Permit, the use is established, ongoing, and in operation. Permitted time frames do not change with successive owners. Upon written request, one (1) extension of time may be granted by the Zoning Board of Adjustment for a period not to exceed six (6) months for good cause shown. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Variance Permit is to expire. Failure to submit an application for an extension within the time limits established by this Section shall render the Variance Permit null and void. D. Subsequent development permits. Development of the Variance shall not be carried out until the applicant has secured all other development permits required by these Land Use Regulations. A Variance Permit shall not ensure that the development approved as a Variance shall receive subsequent approval for other applications for development unless the relevant and applicable portions of these Regulations are met. E. Amendment to Variance Permit. A Variance Permit may be amended, extended, varied or altered only pursuant to the standards and procedures for the original approval of a Variance Permit pursuant to this Section. F. Variance from provisions of Article 3 Zone Districts of these Land Use Regulations 1. General. The Zoning Board of Adjustment shall have the authority to approve, approve with conditions, or disapprove variances from the standards set forth in Article 3 Zone Districts of these Land Use Regulations. Any person seeking a variance from these standards shall file an application with the Community Development Director. The application shall be determined sufficient, and a staff report prepared, pursuant to Section 5- 120.D., Common Procedure for Review of Applications 2. Standards. The Zoning Board of Adjustments must find that all of the following standards are met: a.. Special circumstances exist. One of the following circumstances or conditions exist with respect to the specific piece of property: 24 (1) i Exceptional narrowness, shallowness or si,ape, of the property at the time of the enactment of the regulation in question; (2) Exceptional topographic conditions of the property; (3) Other extraordinary and exceptional situation or condition of the property. b. Not a result of the actions of applicant. The special circumstances and conditions found pursuant to Section 5- 260.F.2.a. have not resulted from any act of the applicant. C. Strict application consequences. Because of the special circumstances and conditions found pursuant to Paragraph 5- 260.F.2.a the strict application of the regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship on, the owner of the property. d. Variances is necessary for relief. The granting of the variance from the strict application of the provisions of the regulation is necessary to relieve the owner of the peculiar and exceptional practical difficulties or exceptional and undue hardship. e. Not detrimental to the public good. Granting the variance will not cause substantial detriment to the public good. f. Variance will not impair the zoning plan and resolutions. Granting the variance will not substantially impair the intent and purpose of the zone plan and the zoning resolutions. 3. Solar energy devices considered. In determining whether difficulties to, or hardship upon, the owner of the subject property exist, the adequacy of access to sunlight for solar energy devices installed on or after January I, 1980 may properly be considered. 4. Is exempt from prosecution. No appeal to the Board of Adjustment shall be allowed for building use violations that may be prosecuted pursuant to Section 30- 28- 124(1)(b) of the Colorado Revised Statutes. 5. Conditions and restrictions. The Zoning Board of Adjustment may, in approving a Variance Permit, impose restrictions and conditions on the approval it determines are required by the general goals, objectives and policies of the Master Plan an these Land Use Regulations in order to prevent, or to minimize, adverse effects from the Variance Permit on other lands in the neighborhood or on the general health, safety, and welfare of the County. 25 G. Variance from Imp, vement Standards. 1. General. The Board of County Commissioners shall have the authority to approve, approve with conditions, or disapprove variances from Article 4, Division 6, Improvement Standards Any person seeking a variance from the improvement standards shall file an application with the Community Development Director, or shall consolidate said application with any other application the applicant is submitting. The application shall be determined sufficient, and a staff report prepared pursuant to Section 5- 210.D, Common Procedure for Review of Applications 2. Standards. In determining whether to approve, approve with conditions, or disapprove the application for Variance to Improvement Standards, the Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. In approving or approving with conditions said Variance, the Board of County Commissioners may impose such conditions that are necessary to ensure compliance with the terms of this Subsection, these Regulations, and the Master Plan. Section 5- 270.A. Exemptions approved by the Board of County Commissioners The Board of County Commissioners may, pursuant to a Resolution duly adopted at a public meeting, exempt from the provisions of Section 5 -280, Subdivision any division of land, if it is determined that: Section 5- 270.A.2. Adequate access, adequate potable water, and adequate sewage treatments facilities are available. Adequate access, adequate potable water, and adequate sewage treatments facilities are available. Section 5- 280.B.4.c. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Community Development Department input. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan for Subdivision based upon whether it conforms to the approval given to the Sketch Plan and whether it complies with the standards in Section 5- 280.B.3.e., Standards and recommend the application to the Board of County Commissioners. WR Section 5- 280.B.5.b. Proce ures. After approval of the Preliminary Plarfor Subdivision (unless an extension has been approved pursuant to Section 5- 280.B.4.e.(4), Extension or the Preliminary Plan specifies otherwise), the applicant shall submit to the Community Development Director an application for Final Plat for Subdivision. Section 5- 280.B.5.b(2). Revised Subdivision Mylar. Prior to scheduling the application for hearing before the Board of County Commissioners, the applicant shall submit to the Community Development Director all Improvement Agreements for Board signature, and a properly signed and notarized Mylar of the Subdivision showing all necessary revisions as required by the Community Development Director, together with two (2) paper copies of it. Upon review and approval by the Eagle County Attorney, the plat shall be scheduled for the next available hearing date of the Board of County Commissioners. Section 5- 290.C.1.1. Adjacent Property Owners Entire Section deleted Section 5- 290.C. 2. Public Notice. Minor Subdivisions shall comply with the provisions of Section 5 -210.E Notice of Public Hearing except that Type Minor B Subdivisions are exempt from this requirement unless the application is for the creation of three (3) or fewer lots from otherwise unimproved land. Section 5- 290.C. 3. Review of applications. The submission of an application for minor subdivision, and determination of its sufficiency, shall comply with the procedures established in Section 5- 210.13, Common Procedures for Review of Applications. In addition, the Staff Report shall outline any revisions that need to be made to the Type A or Type B Subdivision to ensure that it complies with the requirements of this Section. Section 5- 290.C. 4. Revised Subdivision Mylar. Prior to scheduling the application for hearing before the Board of County Commissioners, the applicant shall submit to the Community Development Director all Improvement Agreements for Board signature, and a properly signed and notarized Mylar of the Subdivision showing all necessary revisions as required by the Community Development Director, together with two (2) paper copies of it. Upon review and approval by the Eagle County Attorney, the plat shall be scheduled for the next available hearing date of the Board of County Commissioners. Ball SECTION 5 -300 LIMITE.4 REVIEW USE A. Limited Review Use. Limited Review Uses are those that may be considered compatible with other uses in a zone district, and have minimal impacts. They are subject to an abbreviated review of the standards applicable to the proposed use. All proposed Limited Review Uses shall comply with the provisions of this Section 5 -300 Limited Review Use B. Procedure. Applications for Limited Review Uses may be submitted at any time to the Community Development Director by the property owner, or their authorized Agent. 1. Application Contents. The application shall contain the materials specified in Section 5- 210.D.2 Minimum Contents of Application, and the following: a. Site Plan. A detailed site plan of the property, drawn to scale, that shows all existing natural and man -made features, including driveways to public ways, and the proposed development of the property. If the application is for an accessory dwelling unit or any use that will result in a building permit, the application may be accompanied by the building permit application. b. Written Description. A written description of the proposal in sufficient detail to describe the nature of the proposed use, how it will be operated, and how its impacts on surrounding properties will be minimized and mitigated. C. Other Materials. Evidence to show conformance with the Minimum Standards for the particular use as noted in Section 3 -310 Review Standards or Section 3- 330, Review Standards 2. Public Notice. Notification that an application for a Limited Review Use has been received by the Eagle County Community Development Department (use to be specified) shall be sent by mail, first -class postage prepaid, to all landowners of the land subject to the application, all adjacent landowners, and, if applicable, the homeowners association of the development in which the property is located. The notice shall contain all of the applicable information required under Section 5-210.E. I. Notice in Newspaper and shall be sent no less than fifteen (15) calendar days prior to the date on which the Eagle County Community Development Director is scheduled to render a decision on the application. 3. Review of Applications. The sufficiency of a Limited Review Use application shall be determined by the Community Development Director based on compliance with the Minimum Standards for the particular use as noted in Section 3 -310 Review Standards or Section 3 -330 Review Standards. 4. Action on Limited Review Use Applications. a. Application determination. Once the application is deemed complete, a decision approving, approving with conditions or denying the Use shall be issued by the Community Development Director within five (5) working days, provided that in no event will such a decision be issued earlier than fifteen (15) days after public notice has been given. Approval of the Use shall result in the issuance of a Section 5 -2100 Certificate of Zoning Compliance unless approval of the Use results in a Building Permit, in which case the issuance of the Building Permit shall constitute the issuance of the Certificate of Zoning Compliance. W b. Revie.3 by the Board of Eagle County Commiss.ners. In the event that public notice results in written comments in opposition to the proposed Limited Review Use, and said opposition is based on relevant development standard(s) in these Land Use Regulations, the Community Development director shall place the Limited Review Use application on the earliest available scheduled meeting agenda of the Board of Eagle County Commissioners, provided that the Community Development Director's review has been completed and a staff report with all supporting materials has timely been prepared in advance of the hearing. The Board of County Commissioners shall review the Limited Review Use application pursuant to Section 5- 210.F.5 Conduct of Public Hearing and shall approve, approve with conditions, or disapprove the application based on whether it conforms to the standards set forth in Section 5 -300 Limited Review Uses 5. Time Limitations. Except where otherwise expressly provided herein or in the Article 3 review standards applicable to the use, approval of a Limited Review Use shall be valid for a period of three (3) years from the date of the issuance of the Certificate of Zoning Compliance. a. A Limited Review Use established during this three year period is valid for the life of the Use, or the period provided in "b" below, whichever is shorter; a discontinuation of the actual Use for a period of twelve (12) months shall be deemed an abandonment of the Use. b. If a Building Permit for structures integral to the Use is issued during this three year period or the period provided in "a" above, whichever is shorter, approval of the Use shall be valid for the life of the structure; C. Any Limited Review Use that is temporary, or has received conditional approval limiting the length of its approval, shall only be valid for the time period specified in the Certificate of Zoning Compliance. d. The duration of the Limited Review Use shall not change with successive owners of the property to which it applies. e. Extension. Upon written request, extension of a Certificate of Zoning Compliance may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to proceed with development of the Limited Review Use was beyond the applicant's control, the Limited Review Use is not speculative in nature, the Limited Review Use still complies with these Land Use Regulations and the Master Plan, and there is a reasonable likelihood that the Limited Review Use will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date that the Certificate of Zoning Compliance is to expire. f. Building Permits. The time limitations in this Section do not affect the time limits applicable to a Building Permit. The effective period thereof, and any extension thereof, is determined only in accordance with the Eagle County Building Resolution. 29 Section 5- 2500.C.1. Duration. A vested property right as defined in ii..'Subsection shall be deemed effective as of the date the Board of County Commissioners approves the site specific development plan, and shall remain effective for a period of three (3) years. This vesting period shall not be extended by any amendments to a site specific development plan, unless expressly authorized by the Board of County Commissioners. The period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the jurisdiction of the local government granting the approval, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no later than fourteen (14) days following approval. Publication shall be done by the Eagle County Department of Community Development. Section 6- 120.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 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 30