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Home My WebLink AboutR09-018 Amend Land Use Regs LUR-2053 EAGLE COUNTY, CO 200906504 TEAK J SIMONTON Pgs: 6 02:35:09PM 0 .1 J 1 0/2009 REC: $0.00 rii `t( 1 111 I I II t l 11i 11 1 1 11 11 11 11 11 Commissioner moved adoption of the folio ng Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO ‘a/NC.. — RESOLUTION NO. 2009 - 0 1 IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS; GENERAL AMENDMENT AFFECTING CHAPTER II, ARTICLES 2 AND 3 FILE NO. LUR -2053: LANDSCAPING STORAGE YARD AMENDMENT 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 Eagle County Land Use Regulations need periodic amendments to clarify language; add new definitions and/or information; and updates which correspond with Colorado State Statutes; and WHEREAS, several departments contributed to this amendment including the Attorney's Office, Community Development, Engineering, and Environmental Health Department; the amendments affect the following sections: • Chapter 2: Article 2; necessary in order to add new definitions to this section. The new definition is related to the proposed amendments in the other Articles; • Chapter 2: Article 3; necessary in order to amend uses in Table 3 -300 Residential Use Schedule; • Chapter 2: Article 3; necessary in order to amend use standards in Section 3 -310 Review Standards; WHEREAS, the changes to aforementioned Sections are delineated specifically in the attachment Appendix A; and WHEREAS, the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use are awarded in such a manner that will promote and protect the convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County; and WHEREAS, notice and/or a referral of this amendment was provided to all proper agencies and departments as required by the Eagle County Land Use Regulations, in addition to persons or agencies who may be affected by these changes; and WHEREAS, at its public hearing held the Eagle County Planning Commission December 17 2008, based upon its findings, recommended approval of the proposed amendment; and Page 1 of 6 WHEREAS, at its public hearing held December 18th, 2008 the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on February 10, 2009 to consider this amendment and based upon its findings, has approved, the proposed amendment; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commissions, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. Pursuant to Chapter 2, Section 5-230.B.2., Text Amendment, of the Eagle County Land Use Regulations: a. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals, the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs; b. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HA5 been given; c. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5- 230.B.2 Text Amendment: (1) The proposed amendments AMEND ONLY THE TEXT of the Eagle County Land Use Regulations and DO NOT amend the Official Zone District Map. (2) Precise wording of the proposed changes HAS been provided (please see attached) 2. Pursuant to Chapter 2, Section 5-230.D., Standards, of the Eagle County Land Use Regulations as applicable: a. Consistency with Comprehensive Plan. The proposed amendment IS consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the applicable comprehensive/master plans. b. Compatible with Surrounding Uses. The issue of compatibility IS NOT applicable to this proposed amendment. c. Public Benefit. The proposal DOES address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive land. Page 2 of 6 e. Change of Circumstances. The proposal DOES address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. f. Adequate Infrastructure. There are no "properties" subject to this proposal; the result of this amendment WILL NOT result in the need for new infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II: Articles 2 and 3 of the Eagle County Land Use Regulations are amended by manner of this Resolution to read as set forth in `Exhibit A' attached hereto and incorporated herein by this reference. THAT, this amendment 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, 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 Boazd of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 2008, Hunt pro tunc to the 10"' day of February, 2009. Page 3 of 6 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: C_~~'~G ~l ' c;~~ * BY: ~Gt,~t(7~L, Teak J. Simonton ~ ~ Sara J. F'she , Clerk to the Board of •-' ~- County Commissioners BY -~'' Peter F. Runyon, BY: Jon Stavney, Commissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney _ Commissioner Sara J. Fisher GLti/ Commissioner Peter F. Runyon Gam.,/ This Resolution passed by ~j~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 4 of 6 APPENDIX A: Attachment to LUR-2053 Landscaping Storage Yard Regulation Amendment In Article 2, Chapter II, Definitions, the following definitions are inserted: Equipment, Heavy: High-capacity mechanical devices for moving earth or other materials, and mobile power units including but not limited to: carryalls, graders, front loaders, dump trucks, bulldozers, excavators, tractors, augers, concrete mixers, pump trucks, and similar devices with greater than two-and-a-half-ton gross vehicle weight rating. In Section 3-310, Article 3, Chapter II, Zone Districts, the following use Standards are inserted for Landscaping Storage Yard: Scale. The use shall be in a scale that retains a rural character, and maximizes open space on the subject property. This shall be clearly reflected in the amount of materials, structures, and number of employees accessing the property. Parking/storage. A landscaping storage yard shall demonstrate adequate parking for employees working from the site. Employee parking shall be behind any structures on site and/or effectively screened. One parking space shall be required for each employee. Any heavy equipment, work vehicles, or machinery stored on the property would require demonstrated storage space inside a garage, shed, or other enclosure. Provide an itemized list of all equipment to be used on the property including any delivery vehicles. • Signs and Illumination. Signs, illumination, and other outdoor structures advertising the business shall not be permitted. • Patrons. Patrons shall riot be served on the premises. • Screening/fencing. A fencing and/or landscaping plan is required that demonstrates adequate visual screening from adjacent properties, applicable view corridors, and/or public roads and rights of way. In some cases wildlife fencing may be required to prevent deer and elk from causing damage to trees and/or plants on the property. • Access. Legal access shall be established for the operation pursuant to Section 4-620.9. Where required, an access permit may be necessary for the proposed operation. Road Impact Fees may apply pursuant to Section 4-710. A plan for employees accessing the property and delivery of any materials onto the property must be included, including maximum number of deliveries allowed per month, time of deliveries, and vehicles making such deliveries to the subject property. Page 5 of 6 Performance Standards. The landscaping storage yard shall comply with Article 4, Division 4-S of the Eagle County Land Use Regulations, Commercial and Industrial Performance Standards; and shall not operate in such a manner as to create a public nuisance. Hours of operation shall be restricted to daylight only, and may be further restricted if necessary. i'ehicles equipped with backup alarms shall incorporate new technology backup alarm systems. Renewal Process. The Special Use Permit for landscape storage yard shall be valid for a period of five years after its issuance. The Director of Community Development shall review the Special Use upon request by the applicant. If conformance with the above- referenced performance .standards is demonstrated, the Special Use may be renewed for a period of five years. The following line item is amended in Table 3-300 of Chapter II, Article 3 Zone Districts for Landscaping Stora eg Yard: FH RMF RSM RSL RR AL AR RL R RP BC N N N N NS NS S S S S N *The use would not be inserted into Table 3-320 Commercial and Industrial Zone District Use Table since Contractor Storage is a listed line item in that table which would cover such landscaping uses within it. S =Special Use Review LR =Limited Review R = Use by Right N =Not allowed Page 6 of 6