HomeMy WebLinkAboutR95-050 amending LUR's~~
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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
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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
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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 ~
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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
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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
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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
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~~~~ 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