HomeMy WebLinkAboutR04-055 Land Use Regulations Commercial and Industrial Zone Districts C .
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I1 06/02/2
004 03:07P
Teak J Simonton Eagle, CO 370 R 0.00 D 0.00
Commissioner JP--" m adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2004- 3
IN THE MATTER OF AMENDING
CHAPTER II, ARTICLE 3, TABLE 3 -320
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE
of the
EAGLE COUNTY LAND USE REGULATIONS TO ALLOW `CHURCHES' VIA
SPECIAL USE REVIEW IN THE COMMERCIAL GENERAL ZONE DISTRICT
FILE NO. LUR -0047
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 seq., 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 ", pursuant to Resolution No.98 -147; and
WHEREAS, C.R.S. 30 -28 -133, and Chapter 1, Section 1.15, and Chapter 2, Section
5 -230, of the Eagle County Land Use Regulations, provide for the adoption and amendment
of subdivision regulations by the Board; and
WHEREAS, Kensington Partners, LLC ( "Applicant ") did file an application on or
about January 8 2004, to amend Chapter II, Article 3, Table 3 -320 Commercial and
Industrial Use Schedule, of the Eagle County Land Use Regulations which would permit the
use of Church in the Commercial General Zone District via Special Use Permit; and
WHEREAS, Churches are currently prohibited in this zone district; and,
WHEREAS, the Eagle County Planning Commission reviewed the proposed
amendments on March 17 2004, and recommended approval of the proposed amendment to
the Land Use Regulations; and
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v
WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the
proposed amendments on March 18`", 2004, and recommended approval of the proposed
amendments to the Land Use Regulations; and
WHEREAS, after public notice was given pursuant to law, the Board held public
hearings to consider comments on such proposed amendments on April 19`", 2004 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, and from all interested parties,
the Board hereby determines that the proposed amendments 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:
(1) The proposed amendments have been referred to the appropriate
referral agencies for an advisory opinion.
(2) 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.
(3) The proposed amendments have been referred to the Division of
Planning of the Department of Local Affairs for advice and
recommendation.
(4) The proposed amendments have been referred to the Land Use
Commission for comment
2. Pursuant to Chapter 1, 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 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 Llse 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.
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4. Pursuant to Chapter 2, Section 5-230.D., Standards, of the Eagle County
Land Use Regulations as applicable:
(a) Consistency with Master Plan. The proposed amendment IS
consistent with the purposes, goals, policies and FLUM (Future Land
Use Map} of the applicable master plans.
(b) Compatible wit/i surrounding uses. The proposed amendment MAY
BE FOUND compatible with existing and proposed uses surrounding
the subject lands, and MAY BE FOUND an appropriate zone district
for the land, considering its consistency with the purpose and standards
of the proposed zone district as determined through the Special Use
Permit process.
(c) Changed conditions. There ARE changed conditions that require an
amendment to modify the use or density/intensity.
(d) Effect on natural environment. The proposed amendment WILL
NOT result in significantly adverse impacts on the natural
environment, including but not limited to water, air, noise, stormwater
management, wildlife habitat, vegetation, and wetlands.
(e) Community need. It HAS BEEN demonstrated that the proposed
amendment addresses a community need.
(f) Development patterns. The proposed amendment WILL result in a
logical and orderly development pattern, WILL NOT constitute spot
zoning, WILL logically be provided with necessary public facilities
and services.
(g) Public interest. The area to which the proposed amendment would
apply HAS changed or IS changing to such a degree that it is in the
public interest to encourage a new use in the Commercial General
(CG).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Chapter II, Article 3, Table 3-320 Commercial and Industrial Use Schedule of
the Eagle County Land Use Regulations, is hereby amended, effective April 19th, 2004 to
read as set forth in Exhibit A attached hereto and incorporated herein by this reference.
THAT, this amendment to Chapter II, Article 3, Table 3-320 Commercial and
Industrial Use Schedule, of Chapter II of the Eagle County Land Use Regulations shall not
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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 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, except as expressly altered, modified and changed in this Amendment, all
terms and provisions of the Eagle County Land Use Regulations shall remain in full force and
effect, and hereby are ratified and confirmed in all respects as of the date hereof.
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 ~~_ day of May, 2004,
nuns pro tunc to the 19`" day of April, 2004.
COUNTY OF EAGLE, STATE OF
COLORADO
By and Through Its BOARD OF COUNTY
COMMISSIONERS
ATTEST:
BY:
Teak J. Simohton
Clerk to the Board of
County Commissioners
BY:
Tom .Stone, Chairman
BY:
. Gallagher, Commissioner
BY:
Arn enconi, Commissioner
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Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Tom C. Stone
Commissioner Michael L. Gallagher
Commissioner Arn M. Menconi
This Resolution passed by ___L__L .vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
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EXHIBIT `A'
Excerpt from Article 3, Zone Districts, Section 3-320 Commercial and Industrial Zone
Districts Use Schedule. Table 3-320
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 C/L' C/G' h RCZ Standards
Retail Uses, Restaurants, Personal Services and Offices
Ambulance Facili R R R R
Auditorium S N N S
Church S S N S
Communi or Public Administration Buildin S S N S
Educational Facilit S S N S
Fraternal Lode R R N R
Heli ort S S S S
Helisto L R R L
Hos ital S S N S
Im ound Lot N S S N
Libra R R N R
Museum R R N R
O en s ace or Greenbelt R R R R
Park and Outdoor Recreation/Recreation Facilities R R S R
Parkin Lot or Gara a (as the rind al use of the arcel) S S S S
Rec clin Collection Center R R R R
Post Office/Private Postal Facility R R S R
Trans ortation Services S S S S
Utilities, including water storage and treatment and wastewater treatment
facilities S S S S
Utili Distribution Facilities R R R R
Tem ora Uses
Temporary Building or Use S S S S Sec. 3-310 W
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