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R89-019 amending Land Use RegulationsCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89 - IN RE THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, 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, Section 30 -28- 101, et se q., C.R.S., to plan for and regulate the use 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 LandUse Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No. 82 -26; and WHEREAS, Section 30 -28 -116, C.R.S., 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, Section 30 -28 -133, C.R.S., and Section 1.16 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on November 1, 1988, 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 County Planning Commission for its review and comment; and �i WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on September 7, 1988, and certified its 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 November 1, 1988, in the Board of County Commissioners' meeting room, in the McDonald Building, Eagle, Colorado; and -1- WHEREAS, the Board, 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, 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 SSTONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II of the Eagle County Land Use Regulations, are hereby amended 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 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, saf ety, and welfare. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ja day of �.�2 ��_ 1989, nunc pro tunc November 1, 1988. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY CO] 95 -2- �3 t Donald H. Welch, Commissioner George A Gates, Commissioner Commissioner foregoing resolution. as follows: Commissioner Richard L Commissioner Donald H. Commissioner George A. &J,¢. /LL seconded adoption of the The roll having been called, the vote was Gustafson g-y`a- Welch �` Gates This Resolution passed by UW d�"/YWS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3- EXHIBIT "A" DEFINITIONS 205.02 Access - means the place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to a property, use or parking space. 2.05.06 Alley - delete "only" and "the rear of" 2.05.09 Easement - means the underground level of a building which has no more than twelve (12) inches of any exterior wall above grade. 2.05.11 D ELETE SECTION - BOARDING OR ROOMING HOUSE 2.05.13(2) Building Height - change "one side" to "three sides" 2.05.15 Camper Park - change "four or more" to "three or more" 2.05.17 Camper Vehicle or Camper Trailer - DELETE "as living quarters". 2.05 -- Caretaker !snit - Add this as a new n umber. - means a dwelling unit which is accessory to the principal use of the property, and designed and intended for occupancy by the caretaker of said property; provided that the caretaker unit shall not be sold separately from the main dwelling, shall not exceed 1500 square feet of floor area, and shall only be allowed on parcels of at least 35 acres in size. 2.05.21 Cluster Subdivision - means a concentration of development in one or more areas of a project situated within or around a designated open space or greenbelt area, which allows for a reduction in lot size below the minimum requirement when compensating amounts of open space are provided within the proposed development. 2.05.22 Commission - DELETE second sentence 2.05.23 Community Building - Change definition to: means a building owned or operated by a governmental agency or a non-profit_ community organization for the purpose(s) of holding an event which is of civic or public benefit and which shall not be for personal or private gain. x 2.05. -- Contractor's Storage yard - Acid this as a new number - means a parcel of land, or portion thereof, used for the purpose(s) of storing construction materials, equipment, vehicles, or machinery, which are not, or will not be used on said parcel. 2.05.- - Gay Care Center - Add this as a new num ber - means a facility used for the whole or part of a day for the care of seven (7) or more children, not related to the owner, operator or manager thereof; whether such facility is operated with or without compensation for such care. 2.W— Gay 'Care Home - Add this as a new number. - means a facility used for the whole or part of a day for the care of six (G) children or less, not related to the owner, operator or manager thereof; whether such facility is operated with or without compensation for such care. 2.05.28 Department - Add "The duly authorized agent for the administrative matters of the Planning Commission ". 2.05.32 Dwelling, single Family - De lete "and containing not less than 400 square feet of hatitable floor area ". 2,05.33 Dwelling, Two Family - Change "of each unit" to "of the structure ". 2.05.-- Educational Facility - Add this as a new number - shall mean public schools, nonpublic schools, colleges and universities proprietary schools, and schools administered and operated by the State. The following definitions shall apply to the various types of educational facilities 1) Public Schools; Those schools administered by legally organized school districts. 2) Nonpublic Schools; All private, parochial and independent schools which provide education for compulsory school age pupils comparable to that provided in the public schools of the State. 3) Colleges or Universities: Such educational facilities under charter or license from the State of 'Colorado. 4) Proprietary Facilities; All privately owned and managed educational facilities, which may include but not be limited to, art schools, business colleges, trade schools, church camps, residential camps, and day camps. 2.05.38 DELETE SECTION - EVIDENCE 2.05.39 DELETE SECTION = ENVIR0NMENT 2.05.40 Extraction - Delete "Subsection 2.05,55" 2.05.41 Fabrication - Delete "Subsection 2.05,55 2.05.44 Floor Area - means the sum of the gross horizontal areas of all floors of a building measured from the outside of all exterior walls; including but not limited to lofts, stairways, fireplaces, halls, habitable attics, bathrooms, closets and storage or utility /mechanical areas; and not including basements, garages or areas designed for parking or loading within the building. 2.05.48 DELETE SECT ION - GRADE AVERAGE 2.05.49 group Home - Delete from the first sentence - "licensed by the County Department of Social Services" and delete from the last sentence - "provided it shall also be licensed by the County Department of Social Services ". 2005. -- Habitable Space - Add t his as a new number - means any space or area in a structure used for living, sleeping, eating or cooking. Habitable Space shall have a ceiling height of 5 feet 0 inches or more between the surface of the earth and /or floor system, and the underside of the structural member(s) of the floor directly above. 2.05.51 Home Occupation - Delete "day care facilities for children" from last sentence. 2.05.52 Hospital - means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities, 2.05.54 Impervious Cover or materials - Ch ange definition to - means a surface that does not re•sdily allow water to infiltrate into the ground. The term may include, but not be limited to, building roof surfaces, concrete or asphalt surfaces, compacted gravel and other similar surfaces. 2.05.57 Junk y.ar - Add underlined section - means a parcel of land, or portion thereof, used for the collecting, sto r••age or sale of junk or for the dismantling or "wr of automobiles or other vehicles or machinery whether or not such uses are conducted as a business for profit or otherwise, but not including agricultural machinery or equipment located on a ranch for' use on the ranch. 2.05.58 Kennel - Delete "or animals ". 2.05.60 Livestock - Delete - "of types" 2.05.62 Loading space or Berth - means an off- street space or ber'th ........, ...Add under lined words. 2.05.63 DELETE SECTION - LODGE 2.05.64 Lot - Delete "plot or". 2.05.66( 1} Lot Line - Add underlined section - Front: The boundary of a lot dividing it from the adjacent street. For corner or double frontage lots, there shall be as many front lot lines as there ar•e street frontages. 2.05.68 Lot Coverage - Buildings - change definition to "means the portion of a lot covered by •a building or buildings" 2.05.69(1) Del - LOT SUDPE - "or configuration" and "or building site ". Also delete last sentence. 2.05.74 Plaster Plan - Change definition to "means a compendium of r charts, graphs, drawings, maps or plans as may be adopted, or any portion thereof or any amendment thereto, which set forth recommendations and policies for guiding any future growth and development, while providing for the public's health, safety and general wet fare" . 2.05.75 Mobile Home - means any wheeled vehicle without motor power, capable of being ch by a motor vehicle, built on a permanent chassis designed for long -term residential occupancy or tempor office use and containing electrical, plumbing and sanitary facilities and designed to be installed in a permanent or semi- permanent manner. 2.05.76 CHANGE "lot" to "parcel of land" and chang "four" to "thr - 2.05.77 Mobile Home Space - Add "or camper vehicle" at end of definition. 2.05.82 DELETE SECTION - NET DENSITY 2.05.84 DELETE SECTION - NET RESIDENTIAL AREA 2.05.85 Open Space - DELETE 1ST SENTENCE AND ADD - "means any land or relater •area vrhich serves the purpose of providing park, agricultural, recreation or conservation opportunities." 2.05. -- outfitter and Guide - Ad this as a new number - means all commercial outfitting operations involving services for accommodating guests, transporting persons, and providing equipment, supplies, and materials. It also includes commercial guiding activities wherein the guide furnishes personal services or serves as a leader or teacher, but does not include riding stables. 2.05.86 DELETE SECTLON - OWNER 2.05.87 DELETE SECTION - OWNER OF RECORD 205.89 Park - Add "recreation fields and swimming pools" to list of examples. 2.05.95 Processing - Delete "Subsection 2.05,55 ". 2.05.96 Public Building - Delet "solely" 2.05. -- Public Way - Add this as a new number - shall mean and include all public drainage easements, rights- of -way, and roads under the control and jurisdiction of the County of Eagle, State of Colorado. A public way within the scope and intent of these Regulations shall include, by way of example only, drainage easements, rights -of -gray, and roads over private lands dedicated to public uses by deed, subdivision plat or other legal document to that effect, filed with the Eagle County Clerk and Recorder, when such dedication has been accepted by the Board, drainage easements, rights -of -way and roads over private or other lands dedicated to public uses by due process of law and not hereto) ore vacated by an order of the Board duly entered of record in the proceedings of the Board; drainage easements, rights -of -way and roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty consecutive years, and of which the Board has overtly exerted some degree of ownership control thereon; and drainage easements, rights -of -may, and roads over the public domain, whether agricultural or mineral, of which the Board by and through its overt actions has assumed the responsibility and obligation for maintenance and control thereof. 2.05.98 Repair - Delete "Subsection 2.05.55" 2.05. -- Resor't - Change to Recreational Facility Add - "boating base camp" to first sentence. Add - "par'king, storage facilities, and restr•ooms to second sentence. Add - "pr'oviding it is limited to twelve (12) dwelling units or' 48 beds of visitor' capacity ". Delete - "A permanent land use". 2.05.-- Riding Stable - Acid this as a new number' - means an establishment which has available for' rent or' lease three (3) or' more animals for' periods of twenty -four' (24) how or' less, and /or' in return for' compensation, gives lessons to develop horsemanship. A riding stable normally includes one or' more buildings to shelter' animals. 2.05.100 Road or' Street - Add to second sentence "...for• drainage or utility access to ...... ° 2.05.101 Setback - Change definition to "means the area prescribed by an imaginary line extending across the lot, parallel with the adjacent lot line and within which no building Or' Sti'UCt Ur'eS shall be Constructed." 2.05.102 DELETE SECT ION SCHOOL 2.05.104. DELETE SECTION - SITE 2.05. 106 Storage - Delete "Subsection 2.05.55". 2.05.107 DELETE SECTION - STREAM 2.05.108 DELETE SECTION - SUBDIVIDE 2.05.109 DELETE SECTION - SUBDIVIDER 2.05.110 Subdivision or' Subdivided Land - Change definition to "means a tract or' parcel of land, in the unincor'por'ated area of Eagle County, which is divided into two (2) or' more lots, tracts, sites, parcels, separate 'Interests, interests in common or' other' division, unless exempted pursuant to Section 2.15 herein ". 2.05.111 DELETE SECTION - TRAILER COACH 2.05.113 Usable Open Space - Change definition to "means the open space of a subdivision designed for' use as common ar'cas, including, but not limited to r'ecr'eation, gardens, parks and walkways. The term shall not include space devoted to streets, p•ar'king and loading areas, not" areas with slopes greater' than 30 percent ". 2.05.114 Utility Distribution Facility - Add Underlined section - "means any gas or' electric line other' than gas transmission or' electrical transmission line as defined herein, and including telephone line, t'elegr'aph line, cable television line, water line, sewer' line, or neighborhood substations." 2.05.120 Yards -mean open space on the lot (other than an interior court) unobstructed from the ground upward, except as otherwise provided in these regulations: 1) Yard, Front - a y. extendi ng acr'oss the full width of the lot between the front lot line and the nearest point of a building; such distance to be known as the front yard setback; 2) Yard, Rear - a yard extending across the full width of the lot b etween the rear lot line and the nearest point of a building; such distance to be known as the rear yard setback; 3) Yard, Side - a yard extending across the full width of the lot between the side lot line and the nearest point of •a building such distance to be known as the side yar setback. d a f MISCELLANEOUS CHANGE'S Change the following: "Day Nursery" to "Day Care Center ", in the following sections: 2.06.01(3)(d,4)- Resource 2.06.02(3)(c) - Resource Limited 2.06.03(3)(d) - Agricultural Residential 2.06.04(3)(4) - Agricultural Limited 2.06.05(3)(4) - Rural Residential 2.06.06(3)(4) - Residential Suburban Low Density 2.06.07(3)(e) - Residential Suburban Medium Density 2.06.08(3) - add to list - Residential Multiple- Family 2.06.09(3)(n) - Commercial Limited 2.06.14(3)(d) - Primary /Secondary Add '' care home ", as a use by right, to the following zone districts: 2.06.01 Resource 2.06.02 Resource Limited 2.06.03 Agricultural Residential 2.06.04 Agricultural Limited 2.06.05 Rural Residential 2.06.06 Residential Suburban Low 206.07 Residential Suburban Medium 2.06.08 Residential Multiple Family 2.06.09 Commercial Limited 2.06.10 Commercial General 2.06.12 Rural Center 2.06.14 Primary /Secondary 2.06.15 Eagle -Vail PUD Guidelines (duplex, fourplex, & multi - family lots) Change the following. 2.06.02(3) - RL - insert "Educational Facility" between (c) and (d) 2.06.03(3)(n) -AR - change "School" to "Educational Facility" 2.06.06(3)(j)P,SL - " " " " If 2.06.07(3)(k)RSM - " " " " " 2.06.08(3) - P.MF 2.06.09(3)(o) -CL 2.06.10(3)(c,8)CG 2.06.14(3)(g) -F' /S 2.06.15(5,d)(2,a, -.acid "Educational Facility" to list -change "Day School" to Educational Facility" - " " " " it " - change "School" to "Educational Facility" 13) E -V PUD Guide - change "Day School" to Educational Facility" a Add "on a separate lot" to the following sections: 2.06.01(2,b) - Resource 2.06.02(2,b) - Resource Limited 2.06.03(2,b) - Agricultural Residential 206.06(2,•x) - Residential Suburban Low Density 2.06.14(2,x) - Primary /Secondary ----------------------------------------------- ---------------- - - - - -- Place the following sections in alphabetical order: 2,06.01(3) 2.06.02(3) 2.06 .03(3) 2.06. 04(3) 2.06.05(3) 2.06.06(3) 2.06.07(3) 2. 06.08(3) 2.06.09(2) and (3) 2.06.10(2) and (3) 2.06.11(2) and (3) 2.06.14(3) 2.06.15(5)(d) ----------------------------------------- -- --- --------- -------- - - - - -- Change " Resort " to " Recreational Facility in the following section: 2.06.01.(3)(4,11) Resource --------------------------------------------------------------- - - - - -- 2.06.01(2) R - Add "outfitter and guide" as a Use by Right. 2.06.02(2) RL -" u n n u n u n 2.06.03(2) AR -" u u u u u n u 2.06.04(2) AL - u u " u u u n it 2.00 .05(2) RR - u n n u u " u " 2.06.01(2)(d) R - Add "wood" between "primary processing ". 2.06.01(2)(j) - Move Feedlot to subsection (3) , to be included as a special Use. 2.06.01(3) - Add "livestock sales yard" as a Special Use. 2.06.01.(3)(b,2) - Change to "processing, other than primary wood processing, but including alfalfa pellet mill, saw mill, gravel crushing, and .asphalt or concrete bitching ". 2.06.02(3) RL - Add "camper park" as i Special Use. 2.06.09(3)(w) CL - Delete - "provided that 50 percent of the dwelling units are affordable housing in conformance with Section 2.09.02(1)(d,5)0. 3 . O 2.06.14(2)(x) - Primary /Secondary - Add a new subsection (1) as shown below and renumber the old sections (1) and (2), to (2) and (3) respectively: (1) Not more than •a total of two dwelling units in a single structure shall be permitted on each lot, with only one dwelling unit permitted on lots of less than 12,000 square feet of net developable land. 2.06.15(3)(f) - Eagle -Vail PUD ,uidelinea - Change "Home Care Center" to "Day ware Center." and change definition to read "means a facility used for the whole or part of a day for the care of seven (7) or more children, not related to the owner, operator or manager thereof; whether such facility is operated with or without compensation for such care; and providing that one loading space be provided in addition to the standard parking requirements ". 2.06.15(3)(8) - delete "home care facilities for children" 2.06.15(5)(a,2)(aa) - change "Home Care Center" to "Day Care Center." 2.06.15(5)(b,2)(•aa) - change "Home Care Center" to "Day Care Center." 2.06.15(4)(•a,3) - Delete Lot 1, Filing 1, from the multi- family lot classification. 2.06.15(6) - .Add this as a new Subsection Commercial Limited Lot - Eagle -Vail Subdivision, Filing No. 1, Lot No. 1, Mountain Terrace. Uses, Special Review: A lot which can be used solely for' multiple family residential purposes, condominiums, apartments, retail shops, service shops (excluding automobile service stations), restaurants, motels, hotels, lodges, professional offices and medical clinics, and upon which the number of dwelling, condominium, apartment, motel, hotel, or lodge units to be constructed and the number of buildings to be so constructed upon said lot shall be as approved by the Board; provided that said lot shall not exceed 60,000 square feet of enclosed floor space (exclusive of underground parking garages) per acre of land. Slope Development Requirements 2.07.02(1) Change subsection to - "The effect of slope characteristics on density or minimum lot size- .n The allowable density for all development within the RSL, RSM, RMF, PS, CL, Ca, I, RC and PUD zone districts shall be decreased, or the minimum lot size increased, by slope characteristics. The determination of lot slope for existing and proposed lots in the RSL, RSM, RMF, PS, 'CL, CG, I, RC and PUD zone districts, to establish the permitted density, or minimum lot size, shall be made on an individual lot basis using the standard method (See definition 2.05.69). 2.07.02 Add - "PS, CL, CG, I, RC and PUD" to subsections (2) and (3). 2.07.02(2) Delete Table A and sentence immediately above Table A. Add "or minimum lot size" after the word "density ". ---------------------------------------- ---- --- --- ---- -- -- ----- - - - --- 2.07.05(1) Delete Subsection and renumber remaining subsections, (regarding setback to arterial and collector roads). 2.07.05(3) Add the following as a new subsection; "Roof overhangs, stairways and decks may project eighteen (18) inches into any required front, side or rear yard". 2.07.08 Parking and Loading requirements - DELETE - Subsection (1,f) regarding prohibition of parking on the the side yard of a corner lot. 2.25.02(2) Add - "Amended Final Plat" and "Temporary Housing" as a Type IV applications 2.25.04 Schedule of Fees - Add the following immediately after Subsection 13: "Tabling; If, at the applicant's request for postponement, readvertisement is required, the entire republication fee shall be paid by the applicant."