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HomeMy WebLinkAboutR88-107 Approval of Fulford Historical Zone District--0- Commissioner 4) -e / Q-k of the following Resolution: L,%6LL moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 88- j0rj ROVAL OF FULFORD HISTORICAL ZONE DISTRICT 4 00b 2PP AND REZONING OF FULFORD TOWNSITE AND EIG BONANZA PLRCER WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board"), is authorized, ',7y pursuant to State enabling legislation including, but not limited to, Section 30-28•101, et seq., C.R.S., 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 oz the County of Eagle; and WHEREAS, the Board has adopted such land use regulations including, but not limited to, the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and toe Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended; 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 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, Sections 30-25 -110, 30-28 -133, and 30-28-07, respectively, 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, the Eagle County Department of Community Development, on behalf of the Board, recently initiated a proposed amendment to Section 2.06.16 of the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended, as the same are incorporated in Chapter !I of the L.U.R., regarding the addition of Section 2.06.16, the Fulford Historical Zone District to the L.U.R.; and WHEREAS; the Eagle County Department of Communit-.r Development, recommended to the Board to rezone the herein described property in Eagle County from Residential Suburban Low Zone Dist-rict to the Fulford Historical Zone District: and WHEREAS, after public notice was given pursuant to law, file Board held a public hearing to consider comments on such proposed amendment on September 19, 1935, in the Board of County Commissioners` meeting room, McDonald Building, Eagle, Colorado; and WHEREAS based on the evidence testimony, its, study Y, exnib y of the Master 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 Eagle County Planning Commission, and comments from all interested parties, THE BOARD FINDS AS FOLLOWS: THAT, the Zoning Resolution of the County of Eagle; State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended, and in conjunction there.4ith, Chapter II of the Eagle County Land Use Regulations, are hereby amended to include Section 2.06.16, Fulford Historical Zone District. THAT, this amendment of the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and in conjunction therewith Chapter TS of the L.U.R., shall not constitute nor be construed as a wairer of any violations existing at the time of adoption of this Resolution. THAT, upon recommendation of the Eagle Comity Department of Community Development for a zoning amendment to change from Residential Suburban Loa Zone District to the Fulford Historical Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: See attached Exhibit A for Legal 'Description. THAT, proper publication and public notice was provide} as required by lace for the hearing before the Planning Commission and the Board of County Commissioners. THAT, the proposed zoning is consistent with the Master Plan. THAT, the area in question possesses the geological, physical, and other environmental conditions compatible with the characteristics of the use requested. THAT, the advantages of the use requested outweigh the disadvantages. THAT, the area for which the rezonincT is requested has changed or is changing to such a degree that it is it the publIc, interest to encourage a new use or density in the area. THAT, the prOpCSed rezoning; is necessary in order to provide land for a demonstrated community need. THAT, = che above stated reasons, the proposed Zoning is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County, Colorado. THAT, the Board of County Commissioners directs the Director of the Department of Community Development to enter this amend d.mnent on the appropr-late page of the Official Zone District Map and record the c i,ange in -he office of the Eagle County Cler], and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the county of Eagle, State of Colorado, at its meeting held the day of dCtp&e _ 1983. Nuns pro tunc September 19, 1988. county commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Bv: �4' Teorcr- A. 'G--L-res Chairman Donald H. Welch Commissioner V^ CA d Commissioner (I asn4F Od "� seconded adoption of the foregoing resolu'ri0n. The roll having been called; the vote was as follows; Commissioner George A. Gates 'Ag�a' Commissioner Donald H. Welch Commissioner Richard L. Gustafson ✓� This Resolution passed W7 jQj*A);pAy55 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 b.� b. EXHIBIT "A" The zoning and laud use restrictions set forth in this Section 2.06.16 shall apply to all real property located and included within the Fulford Townsite and Big Bonanza Placer, as set forth on the plats thereof recorded on December 30, 1895, Reception No. 15233, and June 21, 1897, U. S. Survey No. 11766, respectively, of the Eagle County, Colorado real property records. Said townsite and placer being hereinafter referred to throughout these regulations as "Fulford ". \,. Jj e4 Q��f �O ��c �tj �rz� ZaeO 2.06.16 Fulford Historical Zone District 1. Purpose: To provide for limited residential development within the existing historical townsite of Fulford, while preserving is the rural character of Eagle County by minimizing visual C_ and physical impacts through land use controls. 2. General: a. The zoning and land use restrictions set forth in this Section 2.06.16 shall apply to all real property located and included within the Fulford Townsite and Big Bonanza Placer, as set forth on the plats thereof recorded on December 30, 1895, Reception No. 15233, and June 21, 1897, U. S. Survey No. 11766, respectively, of the Eagle County, Colorado real property records. Said townsite and placer being hereinafter referred to throughout these regulations as "Fulford ". b. The remaining provisions of these Land Use Regulations shall apply to development within Fulford to the extent applicable and not inconsistent with the specific provisions of this Section 2.06.16. In the event of a conflict, inconsistency or incongruity between the provisions of this Section 2.06.16 and the provisions of any other section contained in these Land Use Regulations, the provisions of this Section 2.06.16 shall in all respects govern and control the development of Fulford. C. Special Uses and Variances: The Fulford special use permit shall follow all the requirements for a special use permit, as shown at Section 2.09, and all variance requests shall follow all the requirements for a variance, as shown at Section 2.13.03 of the Eagle County.Land Use Regulations, with the following exception: All applications shall be accompanied by a list, and mailing labels, of the property owners of public record within Fulford at the time of application. Notice of public hearings, for both special use and variance requests, shall be sent to the abovenamed property owners by the Department of Community Development. 3. Uses, by Right: a. Single family dwelling and customary accessory uses, on a separate Fulford Parcel (see Subsection 5,a below), including buildings for shelter or :^ enclosure of property accessory to the use of the C_ lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; b. Existing uses, located within the boundaries of each Fulford Parcel, as of the date of adoption of this Section 2.06.16, which is September 19, 1988, and identified by the Fulford Land Use Map No. 1, on file in the offices of the Eagle County Department of Community Development; C. Park or Greenbelt. 4. Uses, Special: a. Community Building; b. Studio for the arts and crafts, provided that all storage of materials is within a building; that the use conducted be incidental and secondary to the use of the dwelling for dwelling purposes; that the use conducted does not change the residential character thereof; that noise levels not exceed 60 decibels at any property line; and that there be no sales or exchange of goods on the lot; C. Water diversion structures, ditches and pipeline structures engineered to convey fifteen (15) cubic feet or less of water per second of time and designed to serve less than ten (10) dwelling units for domestic use; d. Utility Distribution Facilities. Minimum Lot Area: a. A Fulford Parcel is two (2) or more contiguous lots, under common ownership, as of January 1, 1988, and as recorded in the office of the Eagle County Clerk and Recorder; b. The minimum lot area of a Fulford Parcel is five thousand (5,000) square feet of net developable land per use; 6. 7. D E C. 0 No preexisting single ownership lot, as of January 1, 1988, and as recorded in the office of the Eagle County Clerk and Recorder, shall be so restricted by floor area ratio, or front, rear, or side yard setback requirements to a point where it cannot be occupied by one single family dwelling containing up to 1000 square feet of floor area, and provided that the maximum lot coverage by buildings not exceed 25 percent of the lot area; Stream Setback - A fifty (50) foot strip of land or the one hundred (100) year floodplain, whichever is the greater distance, measured horizontally from the high water mark on each side of any live stream shall be protected with the exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices may be constructed thereon. If necessary to protect the stream, additional width may be required. Maximum Lot Coverage: a. Buildings: 15 percent of b. All impervious materials: Fulford Parcel area. Maximum Floor Area Ratio: the Fulford Parcel area; 25 percent of the 0.35:1.0 of the Fulford Parcel area. Minimum Setbacks: a. Front, Rear and Side Yards - 10 feet or half the height of any building on the Fulford Parcel, whichever is greater; b. Interior lot lines of two (2) or more contiguous lots, under common ownership, as described in subsection (5,a) above, shall not be used in determining the setback requirements. Maximum Building Height: a. 28 feet.