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R85-59 amending zoning resolutionCommissioner ✓ -- moved adoption of the following Resofu +io BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE. STATE OF COLORADO RESOLUTION NO. 85 _4SI IN RE THE MATTER OF AMENDING AND READOPTING 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 AND MADE A PART OF THE EAGLE COUNTY LAND USE REGULATIONS. 1982, AS AMENDED WHEREAS. the Board of County Commissioners of the County of Eagle. State of Colorado (hereinafter the "Board "). is authorized, pursuant to State enabling legislation including. but not limited to. Section 30- 28- 101.et6eq., 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 of 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 the 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 30-28-110. 30 -28- -133. and 30-28-137. 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. in April, 1985. the Eagle County Department of Community Development, on behalf of the Board. initiated proposed amendments to 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 II of the L.U.R.. and referred such proposed amendments to the Eagle County Planning Commission for its review and comment- and WHEREAS. the Eagle County Planning Commission reviewed the proposed amendments on August 7. 1985. 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 August 27 and September 24, respectively, 1985, in the Board of County Commissioners' meeting room, McDonald Building, Eagle, Colorado; and 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 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 consistent therewith. 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 o!f Colorado. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COU17TY OF EAGLE. STATE OF COLORADO: 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 -2-- amended. and in conjunction therewith. 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. the entirety 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. and in conjunction therewith Chapter II of the L.U.R.. as the foregoing are herein amended. are hereby readopted. THAT. this amendment and readoption 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. and in conjunction therewith 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, pursuant to Section 30 - -28 -114, C.R.S., and Section 1.15.01(1) of the L.U.R.. the Board may provide for the enforcement of the zoning regulations of the County of Eagle. State of Colorado, by means,of withholding of building permits. It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory covered by such zoning regulations without obtaining a building permit from the County Building Inspector. Such Building Inspector shall not issue any permit unless the plans for the proposed erection. construction, reconstruction, alteration or use fully conform to all zoning regulations then in effect. THAT, pursuant to Section 30 - -28 -124, C.R.S., and Section 1.15.01(2) of the L.U.R., it shall be unlawful to erect. construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provisions of, any zoning regulations of the L.U.R., 'or any amendments thereto. Any person, firm or corporation violating any such regulation, provision, or amendment is guilty of a misdemeanor and upon conviction thereof, shalt be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than 10 days, or by both such fine and imprisonment. Each day during which such illegal erection, -3- D construction. reconstruction. alteration maintenance, or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected. constructed, reconstructed, altered, maintained, or used, or any land is or is proposed to be used. in violation of any such regulation, then the Board, by and through its county attorney, or any owner of real estate within the district in which such building, structure or land is situated, in addition to other remedies provided by law, may institute an injunction. mandamus, abatement, or other appropriate action or proceeding to prevent. enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use. Further, the Zoning Administrator or his authorized representative is authorized to enter upon private property for the purpose of administering the provisions of the L.U.R. The owner of the property shall give the Zoning Administrator free access after Eagle County has given reasonable notice for such inspection. If access is denied, the Zoning Administrator may apply to the District Court of Eagle County for an order authorizing entry. If a violation shall be found to exist, the County Building Inspector or his authorized representative shall give written notice to the violator to correct such violation within thirty (30) days after the date of such notice. Should the violator fail to correct the violation within such thirty day period, the Eagle County Zoning Administrator or his authorized representative may request the County Sheriff to issue a summons and complaint to the violator requiring the violator to appear in County Court at a definite time and place to answer and defend the charge. Notwith-• standing the foregoing, the issuance of a written notice as specified herein shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings; and provided further, that compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of the L.U.R. in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as a matter in mitigation and extenuation- THAT, pursuant to Section 30 -28 -110, C.R.S., and Section 1.15.02 of the L.U.R., any subdivider or agent of a subdivider who transfers or sells land before a final plat for such subdivided land has been approved by the Board and recorded in the office of the Clerk and Recorder is guilty of a v y misdemeanor and. upon conviction thereof- shall be punished by a fine of not more than five hundred dollars ($500.00) for each parcel or interest in subdivided land which is sold or offered for sale. Further_, the Board has the power to bring an action to enjoin any subdivider from selling subdivided land before a final plat for such subdivided land has been approved by the Board. 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 and the amendments attached hereto as Exhibit "A" shall be effective immediately upon the execution of this Resolution by the Board_ THAT, this Resolution is necessary for the public health. safety 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 AN -day of September, 1985. COUNTY OF EAGLE. STATE OF COLORADO By and Through its ATTEST- BOARD OF COUNTY COMMISSIONERS BY kl � < By Jerk of the Board of County '7=missioners a --5- Commissioner (� seconded adoption of the foregoing resolution. The ro11 having been called- the vote was as follows Commissioner David E. Mott 5� cQr Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by /� �vote County Commissioners of the County of Eagle M of the Board of . State of Colorado. "7eptember 24, 1985 - EXHIBIT "A" LAND USE REGULATION CHANGES CHAPTER II Page 64 - ADD 5) (a) In addition to standard items considered in the subdivision review (See Section 2.17 Sketch Plan) DELETE 5) (a) (1) Page 66 - ADD 7) (a) In addition to standard items considered in sub- division review (See Section 2.18 Preliminary Plan) 2.06.13 Planned Unit Development District MINOR PLANNED UNIT DEVELOPMENT Page 66 ADD as 8) Minor Planned Unit Development a) Sketch plan and preliminary plan may be combined if the proposed project meets the following criteria: 1) The number of units or lots proposed is 20 or less. b) Any or all of Section 2.06.13(4) may be waived by the Zoning Administrator upon request and justification by the applicant. Existing #8 becomes #9 Existing #9 becomes #10 9) Additional Requirements ADD -a) Permits for buildin construction other than 1 or uti ity construction s a e issued only a DELETE - Existing a) -1- rary buildings, grading final Plat approval. LAND USE REGULATIONS CHANGES Section 2.07.05 Supplementary Setback Regulations 2) Live Stream a) A 50 foot strip of land or The greater distance mea mark on each side of any exception that footpaths, flood control and erosion thereon. If necessary to may be required. Section 2.23.25 Streams 00 vear ive stream shall be bridges, fences, it protection devices protect the stream, September 24, 1985 ain, whichever is m the hioh water protected with the rigation structures, may be constructed additional width 1) A fifty -foot (50 ft.) strip of land or the 100 year floodplain, whichever is the greater distance, measured horizontally from the natural identifiable high water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected with the exception that footpaths, bridges, fences irrigation structures, flood control, and erosion protection devices may be constructed thereon. Section 2.17 ADD - The purpose of the sketch plan review is to allow applicants to present a conceptual overview of a project to the County for comment prior to the expenditure of substantial time and money on detailed studies. CHANGE - 2) All of the required maps, plans and information shall be sub- mitted in 10 copies or more if required. 2.17.02 (1) CHANGE DELETE: (d through h) Left in: Municipality Division of Wildlife Utilities Geo survey Water resources Env. Health Surveyor Engineer Public land management 2.18 - The purpose of the preliminary plan review is to provide the County with sufficient technical information to determine the feasibility of a project. -2- September 24, 1985 LAND USE REGULATION CHANGES 2.18.01 - DELETE the word Preliminary as follows: 3) Preliminary plan maps shall be drafted according to generally accepted engineering practices, and shall be -3- LAND USE REGULATIONS Minor Subdivision 2.01.01 2.21.02 September 24, 1985 This Minor Subdivision may only be used in the following instances: 1) The proposed subdivision is for 4 lots or units or less. This is a Type A Minor Subdivision. 2) The proposed subdivision is a resubdivision in a approved subdivision. This is a Tvpe B Minor Subdivision. Type A Minor Subdivision 1) Twenty two (22) copies of an application form along with a site plan, paper copies of the final plat, and any supplemental information shall be submitted to the Department of Community Development. The mylar original of the final plat is due the Monday prior to the Planning Commission hearing. 2) The supplemental information shall include the following: a) That the land included within the proposed map is properly zoned for the proposed use; b) That all lots on the proposed map abut a street or road which is physically accessible, or capable of being physically accessible, from a public street by conventional vehicle; c) That satisfactory evidence has been furnished to the ex- istence of an adequate and dependable water supply for each lot; d) That satisfactory evidence has been furnished to the existence of a septic tank disposal site, or other lawful means of disposing of human wastes, which complies with all applicable public health laws for each proposed lot; e) That satisfactory evidence has been furnished to the geology, soil, topography, drainage, fire protection, and other conditions so as to indicate the subdivision will not create any hazards and that all lots will contain safe, adequate building sites; f) An improvements agreement, off -site road improvements agreement, or other agreement required by the Board of County Commissioners pursuant to Section 2.20 of these Regulations needs to be executed and submitted to the Board of County Commissioners; LAND USE REGULATION} CHANGES September 24, 1985 g) Three (3) conies of all the protective covenants, declaration, party wall agree- ments or other restrictions placed on the subdivision, one copy of which shall be filed for recording in the office of the Clerk and Recorder at the time of recording the Final Plat. 3) The Department shall transmit prints of the Type A Minor Subdivision application and supporting information to the following agencies for their review, appropriate comments and recommendations: Same as Pages 162 -164 a - o 4) The agencies referred to in the proceding Section shall make recommendation within 35 days after the mailing by the County or its authorized representative of such D1ans unless a necessary extension of not more than 30 days has been consented to by the subdivider and the Board of County Commis- sioners. The failure of any agency to re- spond within 35 days or within the neriod of an extension shall, for the purpose of the hearing on the plan, be deemed an approval of such plan. 5) Tyne A MI';OR SUBDIVISIOV REVIEir" The Planning Commission shall review the Type A ?Minor Subdivision and make recommendations to the County Commissioners. The Countv Com- missioners shall take final action on the Minor Subdivision. The Planning Commission and County Commis- sioners shall consider the following in their review of a Type A Minor Subdivision: a) Adequacy of access, water, and sewage dis- posal on the land to be subdivided; b) Review of the Minor Subdivision to deter- mine if the proposed subdivision conforms to the Final Plat Renuirements and other applicable regulations, policies and guidelines; c) Adequacy of the proposed improvements agreement and /or off -site road improvements agreement when applicable in accordance with Section 2.20. For Submittal Dates, Review Procedures, and Fees, See Section 2.25. -5- LAND USE REGULAi_W CHANGES l September 24, 1985 2.21.03 TYPE B MISOR SUBDIVISION 1) Five (5) copies of an application form alon,_ with a site plan, paper copies of the final plat, and any supplemental information shall be submitted to the Department of Community Development. The mylar original of the final plat is due the Monday prior to the Planning Commission hearing. Accompanying the information shall be a Sub- division Summary Form (as found in Appendix A) and the reauired application fee. 2) The supplemental information shall include the following: a) That the land included within the pro- posed map is properly zoned for the proposed use; b) That all lots on the proposed map abut a street or road which is physically accessible, or capable o nysically accessible trom the public street by conventional vehicle. c) ThAT satisfactory evidence has been furnished to the es'_stance of an ade- auate and dependable water supply for each lot. d) That satisfactory evidence has been fur- nished to the existence of a septic tank disposal site, or other lawful means of disposing of human wastes, which com- plies with all applicable public health laws for each proposed lot; e) That satisfactory evidence has been fur- nished to the geology, soil, topography, drainage, fire protection, and other con- ditions so as to indicate the subdivision will not create any hazards and that all lots will contain safe, adequate building sites; f) An improvements agreement, off -site road improvements agreement, or other agree- ment required by the Board of County Commissioners pursuant to Section 2.20 of these Regulations needs to be exe- cuted and submitted to the Board of County Commissioners; g) Three (3) copies of all the protective covenants, declaration, party wall agree- ments or other restrictions placed on the subdivision, one copy of which shall be filed for recording in the office of the Clerk and Recorder at the time of recording the Final Plat. This information shall be referred to the County Engineer, County Environmental Iiealth Officer and County Attorney for thier review and comment. 7-2 A LAND USE REGULA) u,_; September 24, 1985 V CHANGES _- TYPE B Subdivision Review The zoning administrator of the Department of Community Development shall review the Type B Minor Subdivision and take final action on the Type B Minor Subdivision. The Planning Commission and Board of County Commissioners wil Sign the final plat if it has been approved by t. Zoning Administrator. The Zoning Administrator shall consider the following in the review of the Type B Minor Subdivision.: a) Adequacy of access, water, and sewage dis- posal on the land to be subdivided; b) Review of the Minor Subdivision to determine if the proposed subdivision conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; C) Adequacy of the proposed improvements agree- ment and /or- off -site road improvements agree- ment when applicable in accordance with Section 2.20. 4) Any appeal of the decision of the Zoning Administr may be made to the Board of County Commissioners, provided, however, that such appeal is made prior to thirty (30) days following the date of the Zoning Administrator's decision. 5) For submittal dates, review procedures, and fees see Section 2.25. 2.21.04 Additional Requirements The additional requirements for a Minor Subdivision shall be the same as those for a Final Plat, found in Section 2.19. IVA LAND USE REGULATION CHANGES Hearing Schedule Section 2.25.02 - Types of Applications 1) Type I ADD Type A - Minor Subdivision 3) Type III DELETE Temporary Housing Minor Subdivision September 24, 19 85 (page 213) 5) Type IV ADD Temporary Housing Type B Minor Subdivision Applications shall be presented to the Planning Commission and County Commissioners at the next available meeting after submittal. Section 2.25.04 - Fees (page 215) 5) Mobile Home Park License Fees Delete the above ADD 6) Application for PUD (Geological survey fees are charged in addition to these fees) a) Major b) Minor c) Amendment to PUD $200 plus postage costs for notification of all owners CHAINGE : 7) Application for Subdivision (Geological survey fees are charged in addition to these fees) Sketch and Preliminary Plan $500 plus $5 ( 20 units or more ) per unit ( Less than 20 units ) $200 plus $5 Final Plat per unit $200 plus $10 per platted lot S September 24, 1985 _1 LAND USE REGULATION CHANGES CHANGE Minor Subdivision $250 (Geological survey fees are charged in addition to these fees) CHANGE 9) Zoning Variance $200 CHANGE 10) Subdivision Variance $200 RENUMBER 11) Exemption $ 50 RENUMBER 12) Temporary Housing Permit $200 - plus $10 Sign Permit m 20 unit Section 2.07.09 (2) (d) (Page 86) DELETE references to Camper Park Licenses Section 2.06.01(f) (Page 25) ADD "Including by way of example only: hay, alfalfa, fruit and excluding specifically trees, shrubs, flowers and other garden plant materials." Section 2.15.04 - Rights of Way ADD - Road, railroad and utility rights of way or easements do not a subdivide parcels of land. RENUMBER: 2.15.05 - Access Requirement 2.11.03(10) Residential Project Entrance Signs ADD: (d) Residential project entrance signs are exempt from setback limitations. WE 11