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Home My WebLink AboutR95-130 amending LURCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF.EAGLE, STATE OF COLORADO RESOLUTION NO. 95 - IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGnLATION, 1982 AS AMENDED 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 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. 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.F., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on August 4, 1995, the Eagle County Department of Community Development, initiated proposed amendments to Chapter II of the L.U.R., and such proposed amendments were F referred to interested parties and the Eagle County Planning Commission for its review and comment; and 575725 B -679 P -715 10/31/95 04:38P PG 1 OF 8 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 I WHEREAS, the Eagle & Colorado Valley Planning Commission and the Roaring Fork Valley Planning Commission reviewed the proposed amendments on September 6, 1995 and October 5, 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 October 17, 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 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 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 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II of the Eagle County Land Use Regulations, is hereby amended, effective October 31, 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. C-11 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 31st day of October 1995, nunc pro tunc October 17, 1995. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY ATTEST: C COMMISSIONERS By: - yr--' Clerk to thg Board of mes E. J on, Jr., airman County Commissioners By: ohnn�Phi C mmissioner By: George A. Gates, Commissioner Commissioner seconded adoption of the foregoing resoAition. 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 3 0 vote County Commissioners of the County of Eagle, of the Board of State of Colorado. 3 C 'J C" EXHIBIT A Portions of the existing regulations to be deleted are indicated as a 9trileeeu phrases to be added to the regulations are indicated in italic. 2.04 Application of Regulations d) No building or structure shall be erected nor shall any existing building or structure be altered or extended on land falling within any one or more of the following categories:(orig. 11/9/93) This regulation shall not apply to: 1) single family construction; 2) parcels of 35 acres or larger; 3) uses approved through another county review process, such as, but not limited to, special use and 1041; 4) statutory vacations; and, 5) dedications of easements and public ways. (orig. 11/9/93), (am. 10131195) 3) Approvals and permits for building construction, grading and infrastructure development shall be issued only as part of or after final plat approval. (orig. 10131195) 2.06.13 PUD - Planned Unit Development District 10) Additional Requirements a) Permits fe - - - change b to a 2.06.06 R /S /L/- Residential /Suburban /Low Density 5) Maximum Lot Coverage: a) Buildings: 4-5 20 percent of net developable land; (am. 10/31/95) 2.15.03 EXEMPTION FROM SUBDIVISION REGULATIONS (AM 3/31/92; Effective Date: 4/15/92) 2)EXEMPTIONS UPON APPROVAL OF THE COUNTY (orig. 3/31/92) w- b) Such divisions shall be limited to only those divisions which; (am. 10/31/95) (change #2 to #1 and #3 to #2) 2.19.01 FINAL PLAT APPLICATION 1) The subdivider shall submit five ( .5) (1) copy of the Final Plat for all or a portion of an area within an approved Preliminary Plan to which it must conform together with required supplemental information to the Department of Community Development. Accompanying the information shall be a Subdivision Summary Form (as found in Appendix A) and the required application fee. The Department of Community Development shall review the initial submittal for completeness and inform the applicant of the number of additional copies required for referral and staff review. (am. 10131195) 2) a) .....Curve tables shall be provided on the plat. eaeh sheet and ineltide —e sheet (am. 10131195) b) Names of all streets or roads, block letters and lot numbers shall be indicated for easy plat identification. A street address Table shall alse be ineluded en ev ery sheet ef the plat lister the street address of each lot _.._ .a on that she the plat. The address number shall be placed within an oval on each lot. (See Dept. of Community Development on Street Address Numbering System). (am. 10131195) g) Vicinity map at a scale e-f 1 i near - - !,G68 feet an appropriate scale and including section lines; township and range lines, where practical. (am.10/31/95) h)(9) The Recorder's Certificate (See Appendix G H ). h)(10) Treasurer's Certificate of Taxes Paid ( See Appendix I) . 2.19.02 FINAL PLAT REVIEW 1) The Department shall refer all Final Plat materials to the County Engineer, eeunty Planner County Surveyor or other qualified Professional Licensed Surveyor as designated by the Board, Environmental Health °oar Manager, and any other designated officials who shall review the Final Plat to ascertain that is conforms to the approved preliminary plan and any requested modifications thereto. (am. 10131195) 2) The County Surveyor or other qualified Professional Licensed Surveyor as designated by the Board shall compare the legal description of the subject property with the county records to ensure that (a) the property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than 35 (thirty -Five) acres in size, and (b) the lots and parcels have descriptions which both close and contain the area indicated, and (c) the plat is correct in accordance with surveying and plating standards of the State of Colorado. (am. 10131195) 3) The Pi anning eDIRIR'= s h a ll r evi - ew the P l . s Plan ^„t e eermi- __.._. ers The County Commissioners shall take action on the Final Plat. The Planning eemisslen and County Commissioners shall consider the following in their review of a Final Plat: (am. 10131195) 4) Approval of the Final Plat by the Planning eevffft4:Ss!en and County Commissioners shall be indicated by the signatures of the Chairman of eae e f the bear on the signature block on the Plat. (am. 10131195) 2.19.03 ADDITIONAL REQUIREMENTS 2) The Board of County Commissioners, without a hearing or compliance with any of the submission, referral or review requirements in these Subdivision Regulations, may approve a correction plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat, including addresses and where such correction plat is consistent with an approved preliminary plan. (am. 10131195) r 2.21.03 TYPE A MINOR SUBDIVISION - (am. 3/31/92) 2) In addition, the applicant shall file with the Department: a) One paper copy of the final plat of the proposed subdivision in conformance with Final Plat requirements; (am. 3/31/92) The Department of Community Development shall review the initial submittal for completeness and inform the applicant of the number of additional copies required for referral and staff review. (am. 10131195) 3) The supplemental information shall include the following: i) w ee +-3+ two (2) copies, if applicable, of all protective covenants, declarations, party wall agreements or other restrictions places on the subdivision..., (am. 10131195) 4) The Department shall refer applicable information to the School District, County Surveyor or other qualified Professional Licensed Surveyor as designated by the Board, County Engineer, County Environmental Health Division, County Attorney, appropriate Fire Protection District, State Division of Water Resources, and any other agency deemed appropriate for review and comment. (am. 3/31/92), (am. 10/31/95) 5) tteetin The applicant will furnish the Department of Community Development with an original signed mylar and t-e three paper copies of the original signed mylar incorporating all necessary revisions, and with the following certificates signed: Upon review and a determination has been made that all revisions to the plat have been made, the plat will be scheduled for hearing before the Board of County Commissioners. (am. 3/31/92), (am. 10/31/95) 2.21.04 TYPE B MINOR SUBDIVISION (am. 3/31/92) 2) The supplemental information shall include the following: g) Three (3 Two (2) copies of all protective covenants, declarations, party wall agreements or other restrictions placed on the subdivision..., (am. 10/31/95) C C�_" 3) The Department shall refer this information to the County Surveyor or other qualified Professional Licensed Surveyor as designated by the Board, County Engineer, County Environmental Health Division, County Attorney, and any other agency deemed appropriate for review and comment. (am. 3/31/92), (am. 10131195) 4) ffteeting; The applicant will furnish the Department of Community Development with an original signed mylar and two paper copies of the original signed mylar, incorporating all necessary revisions and with the following Certificates signed: Upon review and a determination has been made that all revisions to the plat have been made, the plat will be scheduled for hearing before the Board of County Commissioners. (am. 3/31/92) (am. 10131195) 2.25.02 TYPES OF APPLICATIONS (am. 5/31/94) 2) Type !I! Subdivislen, Final (afft. 5j3!j94) 3) Type III: Zoning Variance 4) Type IV: Minor Subdivision Amended Final Plat Temporary Housing Exemption (am. 11/9/93) Final Plat (am. 10131195) 2.25.03 HEARING SCHEDULE (am. 5/31/94), (am. 10/31/95) APPLICATION ACCEPTED AS COMPLETE HEARINGS r.. Planning Board of County Commission Commissioner f:docs \1ura.95 \1ura014.eia'