HomeMy WebLinkAboutR93-143 amending LUR's522253 B -626 P -190 11/,30/93 04:57P PG 1 OF 20
Sara J. Fisher Eag; ". +�'ounty Clerk & Recorder
Commissioner
of the followin4f Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93- /`73
IN THE MATTER OF AMENDING THE EAGLE
COUNTY LAND USE REGULATION, 1982, AS AMENDED
R.�
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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 seg ., 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.R.,
provide for the adoption and amendment of subdivision regulations
by the Board; and
WHEREAS, on October 1, 1993, the Eagle County Department of
Community Development, initiated proposed amendments to
Chapter II of the L.U.R., and referred such proposed amendments
were referred to the Eagle County Planning Commission for its
review and comment; and
REC DOC
0.00
moved adoption
WHEREAS, the Eagle & Colorado Valley Planning Commission and
the Roaring Fork Valley Planning Commission reviewed the proposed
amendments on November 3, 1993 and November 4; 1993,
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 November 9, 1993, 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 November 9, 1993, 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.
`A
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the R,3 day of A/ 19 nunc
pro tunc November 9, 1993.
r!ni COUNTY OF EAGLE, STATE OF COLORADO
By and Through Its BOARD OF COUNTY
ATTEST: COMMISSIONERS
By: _ Ln on By: �riaray- /��j//�/�
Clerk to t1f Board of George, Gates, Chairman
County Commissioners
By:
J nnette Phillips, Commi sfsioner
By: alv� -
James E. Johnson, Jr., Commissioner
Commissioner �00�1 4P /T � � seconded
adoption of the foregoing r solution. The roll having been
called, the vote was as follows:
Commissioner George A. Gates QiWP
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by 4( --0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
EXHIBIT "A"
2.04 APPLICATION OF REGULATIONS (an. 11/9/93)
1) Except as hereinafter provided:
a) No building or structure shall be erected
nor shall any existing building or structure be
moved, removed, altered or extended nor shall any
open space surrounding any building or structure
be encroached upon or reduced in any manner,
except in conformity with the lot area, lot
coverage, floor area ratio, setback and height
provisions hereinafter provided in the district
regulations for the district in which such land,
building or structure is located;
b) No lot area, frontage, yard or other open
space or parking space provided about any building
or structure for purposes of compliance with
provisions of this Resolution shall be considered
as providing lot area, frontage, yard or other
open space or parking space for any other building
or structure on the same lot or on any other lot;
C) Uses permitted by these Regulations shall
also be subject to provisions of other applicable
County and State regulations except as
specifically provided herein, and further, where
the provisions of these Regulations impose a
greater restriction than required by such other
regulation, the provisions of these Regulations
shall be observed.
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All unplatted lands zoned for multifamily,
s zoned commercial,]
5) All unplatted lands zoned industrial ;:
6) All previously platted lands which are,
subsequent to the date of enactment hereof
rezoned to one of the zone district
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2) These Regulations shall apply to the entire
area of Eagle County outside the boundaries of
incorporated municipalities or towns.
2.05 DEFINITIONS
2.05.01 TERMS DEFINED
For purposes of this Chapter, the following general terms
are defined in this Section 2.05. Terms which apply to
specific land uses are further defined in the remaining part
of this Chapter. In the event of any conflict,
inconsistency or incongruity between the definitions of
general terms set forth in this Section 2:05 and any
definitions of specific terms set forth in the remaining
part of this Chapter, the definitions of specific terms
shall in all respects govern and control.
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2.05.65 LOT
Lot means a parcel of land as established by survey, plat, or
deed.
2.05.66 LOT AREA
Lot Area means the total .horizontal land area within the
boundaries of a lot.
2.05.67 LOT LINE (an. 11/9/93)
Lot Line(s) means the external boundaries of a lot:
1) Lot Line, 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 are
street frontages.
2) Lot Line, Rear: The boundary of a lot opposite the front
lot line(s).
2.05.68 LOT OF RECORD
Lot of Record means any lot filed in the records of the County
Clerk of Eagle County.
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3) Lot Line, Side: Any boundary of a lot other than a front
or rear lot line(s).
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2.07 SUPPLEMENTARY REGULATIONS
In addition to regulations contained elsewhere in these
Regulations, the use of land and buildings shall be governed
by the following:
2.07.01 SUPPLEMENTARY USE REGULATIONS AND STANDARDS
1) Buildings
A conventional, modular, prefabricated or factory built
building may be located in any Zone District where
buildings are permitted.
2) Frontage
Each lot in separate ownership, unless otherwise provided
for under Planned Development, shall have at least 25
lineal feet of frontage on a street right -of -way, either
dedicated to the public or to a private association or on
a private road described by metes and bounds and reserved
in perpetuity, through private agreement, to provide
access to the lot. Each building devoted wholly or in
part to residential use shall front on a street or road
as described above, except when two or more such
buildings are located on one lot and the required
frontage for each building cannot be provided due to the
shape of the lot. These buildings lacking street or road
frontage shall front on a dedicated driveway easement at
least 25 feet in width and maintained in an unobstructed
condition.
3) Greenbelt and open Space
Land designed as greenbelt or open space through
dedication or reservation, for any reason, shall be
indicated as such on appropriate Zone District Map. Such
land and facilities shall be built and maintained either
by a unit of government, by a non - profit corporation or
by private interests as part of a subdivision or
development of land for use by the inhabitants thereof;
ownership of the land may be deeded or reserved to a
property owner's association or it may be dedicated to
the public; or as required by any condition for granting
of a Zone District or Planned Development amendment
including designation of a park or other open recreation
use. Such land may be leased for operation, transferred
to a different ownership or otherwise changed in
ownership, but it shall not be further subdivided for
residential, commercial, industrial or any other urban or
suburban purposes unless approved by the County
Commissioners following procedures for amendment to these
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Regulations.
4) Landscaping
All portions of lots in residential zones containing
multifamily dwellings and all portions of lots in the CL,
CG, I and PD Zone Districts not covered by impervious
materials shall be landscaped to prevent land erosion,
improper drainage, damage to properties and unsightliness
by installing and /or maintaining:
a) Planted areas and plant materials, including trees,
shrubs, lawns, flower beds, and ground cover;
b) Decorative elements such as walks, decks, terraces,
water features and the like not occupying more than
20 percent of a landscaped area;
C) Natural or significant rock outcroppings, trees, or
native vegetation.
(1) Where landscaping is required, a plan for such
landscaping, prepared by a qualified landscape
architect or similarly qualified person, must
be a part of any application or plan submitted
to Eagle County for approval.
(2) No building, construction or grading permit
shall be issued without a plan for landscaping
approved by the County Commissioners or their
authorized designee.
(3) No Certificate of Occupancy shall be issued
where landscaping requirements are not
complied with unless a suitable plan and
agreement is made with the County Building
Official.
5) Dual Use of Lots
No lot area, yard, open space, off - street parking or
loading area which is required by these Regulations for
one use shall be a required lot area, yard, open space,
off - street parking or loading area for another use.
6) Authorization of Similar Uses
The County Commissioners may permit in a particular Zone
a Use by Right or a Special Use, as the case may be, not
listed in these Regulations, provided that use is of the
same general type as the uses permitted by these
Regulations.
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7) Utility Transmission
Nothing in these Regulations shall be construed to
prohibit construction or installation of a public utility
use or structure necessary for transmission of
commodities or services of a utility company, through
mains or distribution lines, in any Zone District.
Storage, maintenance facilities, substation or exchanges,
and business offices shall be restricted by Special Use
and to their appropriate Zone District. Location of
power transmission lines with a capacity of 69 KV or
greater and pipelines for major transmission shall be
subject to Special Use procedures.
8) Cluster Subdivision
Land may be divided into clusters of lots as provided in
the Zone District Regulations and when in compliance with
the County Subdivision Regulations. A subdivision plan
must be submitted and approved whereon the included
amount of greenbelt or open space reserved or dedicated
to the public is sufficient to maintain the gross project
density allowed in the respective Zone District. (Density
calculations shall exclude road rights -of -way and private
road easements.)
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c. Comp!lance with all?reIevant Building ;:Codes.;:
2.07.05 SUPPLEMENTARY SETBACK REGULATIONS
1) Live Streams
a) A 50 foot strip of land or the 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 in its
natural state 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.
b) Underground utilities maybe located in such
protected area providing there is no practical
alternative location for such utilities, that the
plans are approved by the County Commissioners as a
Special Use, and that all construction scars are
revegetated.
2) Yards: (am. 11/9/93)
The following requirements shall be observed in all Zone
Districts:
a) Through Lots - on lots extending from one street to
another parallelling street, both streets shall be
considered as front streets for purposes of
calculating front yard setbacks.
b) Corner Lots - on lots bordered on two contiguous
sides by streets, the required front yard setback
shall be observed along both sides.
e) Projections - every part of a required yard shall
be unobstructed from ground level to the sky except
for projections of architectural features as
follows:
(1) Patios, walks, steps - no restrictions;
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(2) Fire escapes and individual balconies not used
as passageways may project 18 inches into any
required side yard or 4 feet into any required
front or rear yard.
(3) Roof overhangs, stairways and decks may
project eighteen (18) inches into any required
front, side or rear yard.
f) Accessory Structures in Required Yard - a fence,
hedge, or wall may be located in any required yard
provided no such installation shall exceed 8 feet
in height in a required side or rear yard, nor
exceed 3 feet in height in any required front yard.
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2.25 SUBMITTAL DATES, REVIEW PROCEDURES AND FEES
2.25.01 PROCEDURES AND GENERAL REQUIREMENTS
1) For each application heard by the Planning Commission,
the Planning Commission shall forward one of the
following recommendations to the Board of County
Commissioners or they may table an application for a
maximum of 45 days to receive additional information.
With the consent of the Planning Commission, an
applicant may request and receive a continuance for a
period of up to 6 months:
a) Approve the application as submitted or with
certain conditions as stated;
b) Deny the application with all reasons clearly
stated.
2) For each application heard by the Board of County
Commissioners or the Zoning Board of Adjustment, the
Board shall take action within a 45 day period from the
completion of the Public Meeting. The Board may also
table an application for a maximum of 45 days to
receive additional information or with the Board's
consent, an applicant may request and receive a
continuance for a period of up to 6 months. If final
action is taken, it shall consist of one of the
following:
a) Approve the application as submitted or with
certain conditions as stated;
b) Deny the application with all reasons clearly
stated.
3) A Public Hearing shall be required for the following
types of applications:
a) Zone District Amendment;
b) Special Use;
C) P.U.D. District;
d) Zoning Variance.
When a Public Hearing is required, one public notice
shall be placed in a newspaper of general circulation
in the County at least 10 days prior to the Planning
Commission meeting and at least 30 days prior to the
Board of County Commissioners' or Zoning Board of
Adjustment's meeting stating the nature of the proposed
change, use, or variance and the date, time, and place
of the hearing. Said notice shall set the date of both
the Planning Commission and County Commissioner's or
Zoning Board of Adjustment's hearing with the
requirement that a new public notice be published at
least 15 days prior to the Board of County
Commissioners' or the Zoning Board of Adjustments's
meeting in the event that an application is tabled by
the Planning Commission.
4) Notice of the date and time of the hearing of the
Planning Commission for the following types of
applications shall be sent to the subdivider, the
owners of subsurface mineral interests in the proposed
land to be subdivided and their lessees, if any, the
record owners of land contiguous to the subdivision and
any other party which has requested in writing to be
notified of such proceedings, at least five (5) days
prior to the date set for such hearings:
a)
b)
C)
d)
e)
f)
2.25.02 TY
Zone District Amendment;
Special Use;
P.U.D. District;
Zoning Variance;
Subdivision, Sketch;
Subdivision, Preliminary.
PES OF APPLICATIONS (am. 11/9/93)
1) Type I: Camper Park;
Mobile Home Park;
P.U.D. District;
Special Use;
Subdivision, Sketch;
Subdivision, Preliminary;
Subdivision, Final;
Zone District Amendment.
2) Type III: Zoning Variance.
3) Type IV: Minor Subdivision
Amended Final Plat
Temporary Housing
Exemption
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2.25.03 HEARING SCHEDULE
APPLICATION ACCEPTED
AS COMPLETE
1) Type I Applications
A. 1st working day
of month
B. 15th of month
(am. 11/9/93)
HEARINGS
Planning
Commission
3rd Fiednesday flr
the Thursday
fbli o ai ng :the 3r.d
Wednesday'af
subsequent
7 st . Y ar
the Thursday,
following the 1st
.We dnesday "o£ the
second month
Board of County
Commissioner
2nc1 Tuesday
fallowzng,�l�nna.ng
Commi8s Meeting
2nd T11 esA7ay
fallowing: Planning
Commiss Meet
41
2) Type III Applications
A. 1st working day
of month
B. 15th of month
3) Type IV Applications
Planning
Commission
I st W nesla or
I- he ThU rsday
f the 1st
4ednesday o£ the.
secon3 _mon�l
Zoning Board
of Adjustment
2nd Wednesday of
subsequent month
2nd Wednesday of
second month
Shall be presented to the Board of County Commissioners after review by
the appropriate agencies.
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2.25.04 SCHEDULE OF FEES (am. 11/9/93)
1) Special Use Permit
Ma (Any application requiring an $1,000.00
Environmental Impact Report,
see Section 2.10) .
Minor (Any application not requiring $ 550.00
an E.I.R., see Section 2.10)
2) Zone District Amendment
Major (Greater than 20 units, Commercial, $ 800.00
Industrial)
Minor (20 units or less) $ 400.00
3) Subdivision
Sketch /Preliminary Plan (Greater than
$1,000.00
20 units) Plus $20.00 /unit.
Sketch /Preliminary Plan (20 units
$
500.00
or less) Plus $20.00 /unit.
Final Plat - Plus $75.00 /unit.
$
500.00
Amended Final Plat
$
550.00
Minor Subdivision
Type '
$
625.00
Type B
$
625.00
4) Planned Unit Development (PUD)
Major - Sketch /Preliminary Plan (Greater
$1,000.00
than 20 units) Plus $20.00 /unit
and /or 1,000 sq. ft. of commercial
space.
Minor - Sketch /Preliminary Plan (20 units
$
600.00
or less) Plus $20.00 /unit and /or
1,000 sq. ft. of commercial space.
Final - Plus $75.00 /unit
$
500.00
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For Final Plats, the applicant will be responsible for paying any plat check
fees that are in excess of 25% of the Final Plat application fees. This
additional fee must be paid prior to the signing of the Final Plat.
For the recording of the Final Plat, a filing fee of $10.00 per page for
the plat and $5.00 per page for any other documents recorded is required.
The following fees are also applicable. it th Subd v s i e a nd Pl anned
Unit Bevelepment seetiensa beve
5) PUD Amendment - Plus postage costs for notification $ 200.00
of all the property owners within
the PUD.
6)
Zoning Variance
$
$
400.00
7)
Temporary Housing
- Plus $10.00 /unit.
$
200.00
8)
Mobile Home Park
or Camper Park /Space
$
20.00
9)
Exemptions
$
200.00
10)
Subdivision Variance - Charged only when applied
$
200.00
for separately.
11)
Vacation of Public Easements /Rights -of -Way
$
350.00
12)
Amendment to Regulations
$
50.00
13)
Sign Permit
$
20.00
Plus $1.00 per square foot of sign.
For all applications requiring legal descriptions to be published in the
newspaper, additional fees will be charged on a per cost basis for legal
.,,, lines, descriptions whose publishing costs are in excess of � $5000.
If, at the applicant's request for postponement, readvertisement is
14
}
required, the entire republication fee shall be paid by the applicant.
When a Special Use Permit application accompanies a Sketch Plan or Zone
District submittal, the Special Use application fee shall required
unless waived by the Board of County Commissioners.
Application fees shall be payable by cash or check, made to the order of
the EAGLE COUNTY TREASURER, and shall be submitted with the application
to the Community Development Department. Recording fees for the Final
Plat are to be paid prior to the recording of the Final Plat,b
2.25.05 RECORDATION SPECIFICATIONS (orig. 3/31/92)
1) All plats for recording must be submitted on reproducible mylar
and must meet the following criteria: (prig. 3/31/92)
a) Either ink on mylar or photographically reproduced mylar
is required (no colors or sepias) and shall have the
capability of legible reproduction on both microfilm and
blueprint equipment. (orig. 3/31/92)
b) The mylar must be a minimum of three one - thousands (.003)
of an inch in thickness, black line, and measure 24 by 36
inches in size. (orig. 3/31/92)
C) Lettering shall have a minimum height of 100 cl (1 /8
inch). (orig. 3/31/92)
d) Signatures shall be affixed with black acetone -based ink
(not blue), after the mylar has been prepared. (orig.
3/31/92)
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APPENDICES
Y
Appendix
A -
Subdivision Summary Form
Appendix
B -
Certificate of Dedication and Ownership
Appendix
C -
Title Certificate
Appendix
D -
Surveyor's Certificate
Appendix
E -
Approval Block for Planning Commission
Appendix
F -
Approval Block for Board of County
Commissioners
Appendix
G -
Approval Block for Community Development
Certificate
Appendix
H -
Clerk and Recorder's Certificate
Appendix
I -
Treasurer's Certificate of Taxes Paid
Appendix
J -
Certificate of Type B Minor Subdivision
for the Board of County Commissioners
Pursuant to Section 2.19.01(h) of Chapter II, the certificates and
notices as found in Appendices B through J shall be required on any
appropriate final plat. Such certificates and notices may be modified to
suit special circumstances or other conditions which warrant the same,
subject to the approval of the Board of County Commissioners.
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1
APPENDIX "C" (am. 11/9/93)
Title Certificate
does hereby certify that I have
examined the Title to all lands shown upon this Plat and that Title to
such lands is vested in
free and clear of all liens, taxes and encumbrances, except as follows:
Dated this day of , A.D., 19
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