Loading...
HomeMy WebLinkAboutR95-050 amending LUR's~~ ,~ ~ • i-, Commissioner ~~ moved adoption of the following Resolution: BOARD OF COIINTY COMMI88IONERB COIINTY OF EAGLE, STATE OF COLORADO RESOLIITION NO. 95- IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND IISE REGIILATION, 1982, AS AMENDED .~ a 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 sec., 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 Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-116, 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, C.R.S. 30-28-133, and Section 1.16 of the L.U.R., ,provide for the adoption and amendment of subdivision regulations by the Board;~and WHEREAS, on March 9, 1995, the Eagle County Department of Community Development, initiated proposed amendments to Chapter II of the L.U.R., and referred such proposed amendments to the Eagle & Colorado Valley Planning Commission and the Roaring Fork Valley Planning Commission for their review and comment; and rw 562482 B-666 P-459 05/03/95 03.41P PG 1 OF 8 REC DOC ~ Sara J. Fisher Eagle County Clerk & Recorder 0.00 ~ ,~ WHEREAS, the Eagle & Colorado Valley Planning Commission and the Roaring Fork Valley Planning Commission reviewed the proposed amendments on April 5, 1995 and April 6, 1995, 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 April 18, 1995, 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 Commissions 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. NOW, THEREFORE, BE IT R880LVED BY THE BOARD OF COIINTY "COMMISSIONERS OF THE COIINTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II of the Eagle County Land Use Regulations, is hereby amended, effective April 18, 1995, as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, this amendment 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 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. 2 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 , 19 , nunc pro tunc April 18, 1 ti ~1!' ~t O t~ COUNTY OF EAGLE, STATE OF COLORADO ~ ~ $ By and Through Its BOARD OF COUNTY ATTEST: ~ ~~`~~ COMMISSIONERS ~~~.~ ~ ~' By: Clerk to t e Board of County Commissioners By: George Gates, Commissioner Commissioner ~`"fuy~.r~~ _ seconded adoption of the foregoing reso ution. The roll having been called, the vote was as follows: Commissioner George A. Gates ~ Commissioner Johnnette Phillips ,~,~ Commissioner James E. Johnson, Jr. -^~"~" This Resolution passed by c3 -"(~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 By: hnnette Phillips, Comm ssioner EXHIBIT A Z.05.1~ BUILDING 8$IGHT Building Height means: 1) For lots with an average slope of less than 30 percent: The distance measured vertically, from the finished grade at any given point to the top of a flat roof, or mansard roof or to the midpoint between the eave line and the peak of a gable, gambrel, hip, shed or similar pitched roof, and measured to the peak of roofs which exceed a slope of 3~-s-2.4 , 2) For lots with an average slope of 30 percent or greater: The distance measured vertically from the finished grade at any given point along each of the principal sides of the structure to the top of a flat roof, or mansard roof or to the midpoint between the eave line and the peak of a gable, gambrel, hip, or shed or similar pitched roof, and measured to the peak of roofs which exceed a slope of ~-~ ~~a~. The measurement of three sides may exceed the maximum building height allowable for the zone in which the building is located by a maximum of €i€t} t~t'~~<:~a~~` percent. ~ .07.03 LOT AR$A RESTRICTION BASED ON Sh"i~IAG$ TR$AT~I$NT FACILITI$S In addition to the lot area requirement established elsewhere in these Regulations, the following minimum standards shall apply in all Zone District: 3) Where connection to a central or community sewage collection and treatment system approved by the County Environmental Health °o~~~ ~~' and the Colorado State Department of Hea~~t~~"~~°'~~-'~~~"`~~~°~:~~-~~'~::: ~~~ is proposed but not ava'l~able until"~"~~~~~'ns~~all~at~on~'~~ or expansion of such facilities is completed, no uses shall occupy the lot, including structures intended for occupancy, until such sewage collection and treatment services are available. Z.Z3.Z3 WAT~'R SUPPLY Water supply shall be available or made available to all lots platted. The intended water supply.......Water supply, treatment and distribution facilities must be provided in conformance with the rec,~uirements of the Colorado Department .....::.... .:...: o Public Health ~#~~~;~ and the Board throu h their • :i if::.:}:::::.:..Y::'.•nr::.:. ~:::::::::: :itriyiQ{;;.}•it':;i{. 4:{; •'j i•: ii:: Qi:ryi::::Yi::}ii::iiiiiiiii":r,.iii: iiiii ii?ii :.iii ::r.:: v...:. .:w::::...:. designated representatives. ~.t~~_:_:::~s:sv:~:~:~-:nr,'~:f::~.,:a~::::::~.:::::::~.n~,~:~~:~~: ~.~3.a4 S~N1AG~ DISPOSAL ~e~viee ~r ;roil-, - rr=~~~~-Pci ^, ~ ---- ---@d9e...~i,.. .1.~K~i.11,Lzi 77~~ • T e ~f7Ci7.T-GTi'e .. ==u~rrrcE~-r ' v~cc-izru-Ct~r In subdivisions of varying geology, tests shall be run at sufficient locations to assure that each lots`=`~y.~~'~~<; :.i:-:.i::.:~ s~ will have an acceptable location for ari~ ''"""'.; system. In addition to satisfyin the minimum lot size acce...table for ,,;.,~ a.._, :i:.i':::::::...i.:+..~:.:...:..: ,.....>;::....,: •-~-i P ~::~ea systems, :;i:.:....:....: .....:..........:.<....:~::.<.... each lot shall be ~el~iey designec~`~~-~~so ~~`~`~li~at :~~ aR acceptable system locations are identified. u«-- '-- -----~`~'~``~' ~ a eat-~aeh-het. Each subdivision wherein ~e~a} on-site treatment systems are proposed, ' shall be ai~g~ey~ee~-by ~~:,~~'; the Colorado Department of Public Health a~<'sr~~~>~`"~~~`~~~ -,~ ~ L ~...-.._, _~_ __ Where a central sanitary sewer system is to be constructed, the design and construction of the system must be in conformity with the requlat.ions of the Colorado Department of Public Health ~ and must be approved by that Department and~~"~~~'liy"'~~~'"t~~e"~~~'~~`"'hoard through their authorized representative. Collection sewers shall be designed and provided to service each lot. Design of anX...pro~osedrsewage co lection and treatment systea`~~`r`~~ ~:. ~~: ~`~ ~~~ >::>::::..,.> ~::. ~~~ .~'<'>'..;..::::.: 3::: n.: x::.~::: •ry:Y:.~::q:•:i ::::::::::::::x::i}iiii5::i::isYi::::iii::'riii::iy::i::i:::i: ~~; `?!~''`!'<':3~ 3~ be of preliminar en ineerin ............:...:............ :.;.;:.:.:..:... Y g g 1~eve~~~ ~~~suf~'iciently detai]:ec~~~~ to fully represent how the mechanics of the system will operate. --t i'~- T---~ =--=-•~-~-- ,,, -- s~e,- Design submitted with the Final Plat shall be of an engineering level sufficiently detailed to permit accurate cost estimates. Construction of facilities may be on a phased basis. Where a community sewage system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town, a sanitation district, or an approved corporation with a Public Utilities Commission permit. All proposed sewer plants shall make provisions for the drying and disposal of sewage sludge. 2.23.30 LOT AND BLOCK DESIGN General criteria for lot and block design are found in the applicable zone district sections and Section 2.07 Supplementary Regulations. In addition to the requirements set forth therein, each lot created in a subdivision shall be physically capable of accommodating a structure devoted to the intended use of the lot. Each lot shall have a frontage on a dedicated street of not less than twenty-five (25) feet. ~ system--i-s-p~e~de~--e~}ee-~i~ ~~~-~iin~ ~oz-s-}se-~a~-1 dew°M ed--~eeessa~v ~ ~e~rt"r a s€-~~e-i~~--e~• r j ~ ern--sow -~- ~__r...r... ..j.~..cacs-.~.-~ Zzic ~~ed--ar-~n~~v~dtaa ~ ~ze~•re~e-~e•ces~ j ~~-~-a~~= 9~rap~e€-tine-~a~d-e~PS~e e=--s e~-~-~e~ ~ ~ • ~ L f Add Appendix K, Condominium, Surveyors Certificate, Stacy add the Certificate . Add Appendix L, Title Formats for Plats. The Title Format as required on all plats is as follows: TYPE OF PLAT SUBDIVISION NAME, FILING OR PHASE NUMBER LOT, BLOCK, TRACT County of Eagle, State of Colorado The type of plat should appear first in the Title; Final or Amended Final, Exemption, Correction Plat. The font size should be small. The main title is the next line or lines of the title and will be in a large font. The main title is~in 2 parts: the first part will have the name of the subdivision, townhome(s) or condominium(s); the second part of the main title is the lot, block and tract information as shown in the order above. Plats of existing platted parcels require the Lot, Block and/or Tract information; on original plats the Lot, Block and Tract information are omitted from the title. When resubdivisions occur, the first part of the main title is identical to the parent subdivision and the second part identifying the replatted parcel(s), except when the intent of the plat is to create a new and separate subdivision, townhome or condominium with a new name. The sub-title comes after the main title, and it contains the Section, Township, Range and/or County and State information. The font size should be smaller than that of the main title. The Certificate of Dedication and Ownership, as well as the Surveyor's Certificate should match the above formatted main title. The following are examples for each type of plat and the exact format for each. Minor Subdivision - Type B Final Plat Eagle-Vail Subdivision, Filing No.2, A Resubdivision of Lot 21, Block 4 County of Eagle, State of Colorado Amended Final Plat Amended Final Plat Beaver Creek Subdivision, 4th Amendment to the 5th Filing Lot 42, Block 1, Tract I County of Eagle, State of Colorado Final Plat Final Plat Bentgrass at Cordillera, Phase II Cordillera Subdivision, Filing No. 21 County of Eagle, State of Colorado Exemption Plat Exemption Plat Glen No. 2 Tract In Tract 86, Sections 35 & 36, Township 5 South, Range 82 West of the 6th PM Correction Plat Correction Plat Berry Creek Ranch, Filing 4, Lot 17, Block 4 County of Eagle, State of Colorado . --_-~ ... ~~~~ moved adoption Commissioner of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- Y LAND USE REGULATIONINl 82,E 8 GAMENDED COUNT 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 se ., 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 convenience, order, prosperity, and welfare of health, safety, of Ea le; and the present and future inhabitants of the County g WHEREAS, the Board has adopted such zoning and subdivision regulations, which land usumentuentitled "EagleeCountyrLandtUse into one comprehensive doc ~~ „ ursuant to Resolution Regulations" (hereinafter the amended,~and No. 82-26, and as subsequently WHEREAS, C.R.S. 30-28-116, and Section 1.16 of the L.U.R., provide that, from time to time, the Board may respectively, boundaries, or area of any district, or amend the number, shape, any regulation of or within such district, or and other provisions of the County's Zoning Resolution; WHEREAS, C.R.S. 30n2and3amendmentcofosubdivisionhregulations provide for the adoptio by the Board; and WHEREAS, on March 9, 1995, the Eagle County Department of Community Development, iniandtreferredssuch proposed amendments Chapter II of the L.U.R., to the Eagle & ColorPdanninleCommission formtheirnreviewhand Roaring Fork Valley g comment; and