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HomeMy WebLinkAboutR06-053-REC#200613128 - amending LUR's zone district dimensional limitations/landscape, etc. Commissioner jJj?~I/~~f:,~mL; moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS SECTION 2-110 DEFINITIONS; SECTION 3-340 ZONE DISTRICT DIMENSIONAL LIMITATIONS; SECTIONS 4-200 PURPOSE AND 4-210 APPLICABILITY; SECTION 4-220 LANDSCAPE PLAN; SECTION 4-230 LANDSCAPE DESIGN STANDARDS AND MATERIALS; AND SECTION 4-660 EXCAVATION AND GRADING STANDARDS Eagle County File No. LUR-0062 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 seq., 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 "E.C.L.D.R"), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.RS. 30-28-116, and Section 5-230 of the E.C.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.RS. 30-28-133, and Section 5-230 of the E.C.L.D.R, provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on or about January 12,2006 the Eagle County Department of Community Development initiated a proposal to amend Land Use Regulations and the Grading Permit Process in order to regulate the installation of large landscape berms and mitigation barriers in Eagle County, and; 1 WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on March 2, 2006, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on March 15, 2006, 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 March 28, 2006, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, based on the evidence, testimony, exhibits and study 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, recommendation of the Planning Commission and Comments from all interested parties, the Board hereby determines that the proposed amendments are necessary and proper for the protection of the public health, safety, welfare and best interest of the inhabitants 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, the Eagle County Land Use Regulations are hereby amended, effective May 16, 2006, as set forth in Exhibit A (additions/changes to SECTION 2-110), Exhibit B (additions/changes to SECTION 3-340), Exhibit C (additions/changes to SECTION 4-210), Exhibit D (additions/changes to SECTION 4-220), Exhibit E (additions/changes to SECTION 4-230), and EXHIBIT F (additions/changes to SECTION 4-660) attached hereto and incorporated herein by this reference. THAT, this amendment of the E.C.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. THA T, 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 inhabitants of the County of Eagle, State of Colorado. 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 16th day of May, 2006. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Teak J. Simonton Peter F. Runyon, Chairman Clerk to the Board of County Commissioners By: By: Am M. Menconi, Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Tom C. Stone Commissioner Am M. Menconi 3 EXHIBIT A SECTION 2-110. DEFINITIONS ......... BERM means a mound of earth used to screen or separate one area from another to reduce visual, noise and similar impacts. Benn may also mean the act of pushing earth into a mound. (see also Landscape Benn) ......... LANDSCAPE BERM refers to a mound or ridge of earthen material placed above natural or existing grade for the general purpose of shielding, screening, mitigating impacts from or otherwise separating areas of dissimilar land use. Landscape berms may also be used to provide visual interest, accommodate planned landscape improvements, control the direction of water flow, or to protect structures against possible landslides, rockfalls or snow avalanches. ......... , EXHIBIT B SECTION 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS A. Schedule of Dimensional Limitations. (no changes) B. Dual Use of Required Areas. (no changes) C. Special Provisions for Yards and/or Common Areas. The following requirements shall be observed in all zone districts: 1. Through Lots. (no changes) 2. Corner Lots. (no changes) 3. Projections. (no changes) 4. Fence, Hedge, Wall or Berm. A fence, hedge, wall or earthen berm may be located in any required yard or common area, provided that the fence, hedge, wall or berm, or any combination of fences, walls and berms, shall not exceed eight (8) feet in height (as measured from natural grade at any point on the side of the berm that faces an adjacent property), or ISO feet in length in a required side yard, rear yard or common area, nor shall it exceed three (3) feet in height or 150 feet in length in any required front yard. Exception is provided for properties in the Commercial Limited (CL), Commercial General (CG), Industrial (I), Rural Center (RC) and Resource (R) zone districts, where an eight (8) foot fence, hedge, wall, earthen berm or combination of fences, walls, and berms may be located in all yards (front, side, and rear) and common areas. Proposals for earthen berms that exceed the dimensional limitations stated herein shall be required to obtain a Finding of No Significant Impact (FONSI) from the Director of Community Development or approval of a Site Specific Development Plan from the Board of County Commissioners, as provided in Section 4- 230.A.ll, Approval Process for Large Landscape Berms, prior to construction. The installation and design of earthen berms shall further conform to those processes and standards listed in Section 4-230.A.IO., Landscaping Standards for Landscape Berms. 5. Survey. (no changes) 6. Stream Setbacks. (no changes) I EXHIBIT C SECTION 4-200. PURPOSE The purpose of this Division is to provide standards for landscaping and illumination of development within unincorporated portions of Eagle County, so as to maintain and enhance the character of residential neighborhoods, commercial centers and industrial areas. This is accomplished by setting minimum standards for landscape contours and planting within and around residential and non-residential development and associated parking areas to prevent soil erosion, improper drainage, damage to properties and unsightliness and by setting standards for buffering and screening around and between the County's more intensively developed areas. This Division also establishes standards to prevent illumination from becoming a nuisance to neighboring properties or to motorists, while allowing that level of illumination that is necessary for safety purposes. SECTION 4-210. APPLICABILITY The standards of this Division shall apply to all development within unincorporated Eagle County, except as follows: A. Previously Subdivided Lot. With the exception of earthen landscape berms, the standards of this Division shall not apply to the development of a single-family residence or duplex on a lot as of May 16, 2006. However, the development of said uses shall comply with any landscaping and illumination requirements that may have been applied by Eagle County to the approval of the subdivision or PUD in which the lot is located. B. Existing Structure. The standards of this Division shall not apply to remodeling, repair, restoration, alteration or expansion of an existing structure. However, additions or expansions that increase the footprint of a commercial, industrial or multi-family structure by more than twenty-five (25) percent and any landscape berms not previously approved through the Subdivision, PUD or building permit process shall comply with the standards of this Division to the maximum extent possible. C. Use By Right. (no changes) . EXHIBIT D SECTION 4-220. LANDSCAPE PLAN A. Landscape Plan Required. (no changes) 1. Proposed Residential Subdivisions and POO's. (no changes) 2. Commercial, Industrial, Multi-Family and Other Development. (no changes) B. Conceptual Landscape Plan. (no changes) c. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or Preliminary Plan for PUD or for any other development requiring a landscape plan shall be a detailed plan showing how the applicant intends to landscape the development. It shall contain the following materials: 1. Drawing. A dated, scale drawing, including topographic infonnation at two (2) foot contour intervals, locating all lot lines and improvements to the property and any easements of record, is required. The drawing shall identify all existing deciduous trees and coniferous trees of six inches (6") in caliper or greater that illustrates which trees will be preserved and which will be removed or relocated, areas where other existing vegetation will either be preserved or removed, and the type, location, size and number of plants that will be installed. Where it would be impractical to identify each tree, the drawing shall outline the dimensions of groves of existing and proposed trees. The drawing shall also show proposed earthen landscape benns, and where and how irrigation is to be provided.' The size, quantity, common name and botanical name of plants used, including ground cover shall be labeled. When seed mixtures are used, the percentages of grass and/or wildflower mixtures and seed application rates shall be specified. 2. Calculations. (no changes) 3. Cost Estimate. (no changes) 4. Erosion Control. (no changes) 5. Maintenance Program. (no changes) , EXHIBIT E . SECTION 4-230. LANDSCAPING DESIGN STANDARDS AND MATERIALS A. Landscaping Standards Applicable to All Development. 1. Location of Required Landscaping. a. Multi-Family, Commercial and Industrial Development. All portions of lots in residential zones containing multifamily dwellings and all portions of lots in the Commercial Limited (CL), Commercial General (CG) and Industrial (I) zone districts not covered by impervious materials shall be landscaped. Landscaping shall also be installed to effectively buffer proposed commercial or industrial uses from surrounding residential uses and to provide a landscaped buffer along collector and arterial streets. Regulations governing Public Rights of Way, 6fl6 specified Clear Zones and Landscape Berms pursuant to Chapter 5-30.01 and Articles 4-230.A.9.a and 4-230.A.lO of these Land Use Regulations, must be applied. (am 3/12/02) b. Subdivision, Planned Unit Development (PUD) and Cluster Development. Landscaping shall be provided In a residential subdivision, planned unit development or cluster development, in a manner which is most consistent with the character planned for the development and the unique ecosystem and specific environment in which the development is located. For example, within a development comprised of lots of two (2) acres or smaller, trees should be planted along the streets within the subdivision and landscaping should be planted within or around any parks or usable open space areas in the subdivision. Where units are developed in clusters, landscaping should also be provided around clusters of units, to create a buffer between denser clusters and lower density and open areas. For developments that contain lots larger than two (2) acres, landscaping should include preservation or replacement of existing trees, shrubs and ground cover 2. Living Cover. All required landscape areas shaij be landscaped. Non-live ground cover may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar be provided. 3. Plants Compatible With Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and spatial distribution patterns. Whenever possible, landscaping should use drought-resistant varieties or employ xeriscape design principles. Native plant varieties are preferred. Ornamental varieties shall be restricted to manicured locations within parks, yards or common areas, or areas immediately adjacent to buildings. 4. Save Existing Vegetation. (no changes) 5. Minimum Size. Landscaping within a clear vision area shall comply with the height limitations of Section 4-230 A.9.a., Clear Vision Area. Otherwise, trees and shrubs depicted on the landscape plan shall be of at least the following minimum size at the time of their planting, unless a larger tree size is specified in any applicable development permit for buffering, screening or planting on the subject property. a. Deciduous Trees. Deciduous trees shall be a minimum of one and-half (1-1/2) inches in caliper, measured four (4) feet above the ground. b. Coniferous Trees. Coniferous trees shall be a minimum of four (4) feet in height, measured from the top of the root ball to the top of the tree. c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one and one-half (1.5) inches in caliper, measured four (4) feet above the ground. d. Shrubs and Vines. (no changes) 6. Minimum Number of Trees and Shrubs Within Required Landscape Area. (no changes) TABLE 4-230 NUMBER OF TREES AND SHRUBS WITHIN REQUIRED LANDSCAPE AREA * (no changes) (no changes) 7. Trees Within a Paved Area. (no changes) 8. Parking and Storage Prohibited. (no changes) 9. Obstructions Prohibited. a. Clear Vision Area. (no changes). b. Fire Hydrants and Utilities. (no changes) c. Street Trees. (no changes) 10. Standards for Landscape Berms Earthen landscape berms shall conform to the following processes and standards: 3. Pursuant to Section 4-660.A.2, Excavation and Grading Standards, proposals for landscape berms not previously approved through the Subdivision, PUD or building permit process must obtain a grading permit or an exemption from a grading permit from the Eagle County Engineer. b. All berms shall conform to Section 4-230 A.9.a., Clear Vision Area. c. All berms shall conform to dimensional limitations listed under Section 3-340.CA, Fence. Hedge. Wall or Berm. Proposals for earthen berms not conforming to Section 3-340.CA, Fence. Hedge. Wall or Berm. shall be required to obtain approval from Eagle County as detailed in Section 4-230.A.II, Approval Process for Large Landscape Berms. d. Earthen berms shall be located outside of stream setbacks, and shall not impact wetlands or riparian areas. e. Earthen berms shall not encroach into public rights of way, drainage easements, access easements or utility easements, unless evidence has been submitted indicating approval of the placement of the berm by the holder of the right-of-way or easement. f. Berm slopes shall be no steeper that 2: I. Berm contours shall be smoothly undulated along both the linear face and the crest to mimic natural topographic features. g. Berms shall be designed to have a natural appearance, and shall specifically avoid the appearance of a levy or a dam. Where physical space allows, the pattern of berms on the landscape should be discontinuous in nature. Breaks between separate berm segments should be purposefully located to facilitate drainage, pedestrian movement, wildlife movement, utilities, and/or the preservation of public view corridors. Separate berm segments may overlap one another by no more than 10% of their combined length. h. Landscape plant materials used should vary in size and species, and should be placed in natural appearing groups along the toe, slopes and crest of the berm. The type of trees and shrubs selected and their position on the berm should be considerate of the local climate, soil conditions and exposure. i. Berm design and placement shall reflect consideration for the well-being of wildlife. Southern exposures near roads can attract animals in the early spring and densely planted areas near roads provide hiding places from which animals can suddenly appear. j. All earthen berms shall be fully revegetated to prevent erosion and to provide a sustainable and attractive flat:tH:aI vegetative cover. 11. Approval Process for Large Landscape Berms Berms taller than eight (8) feet as measured from natural grade at any point on the side of the berm that faces an adjacent property or longer than 150 feet in length shall be required to obtain a Finding of No Significant Impact (FONSI) from the Director of Community Development or approval of a Site Specific Development Plan by the Board of County Commissioners. a. Submital requirements for large landscape berms shall include the following: (1) Minimum Contents of application as detailed in Section 5- 21O.D.2, (2) A detailed landscape plan as described in Section 4-220.C, and (3) Any other information, analysis or study as deemed relevant and appropriate by the Director of Community Development b. Determination Based upon review of the application material and the information obtained at the pre-application meeting, the Director may determine that a Finding of No Significant Impact (FONSI) is warranted. (1) Finding of No Significant Impact (FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the construction of the berm in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or public resources or amenities. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the applicant may pursue obtaining a Grading Permit for the construction of the berm. (2) Notice of Director's Determination of a FONS!. (a) Upon the Director's Determination of a FONSI, the Director shall notifY the applicant by mail, and shall notifY the Board, the County Administrator and the County Attorney of the Determination bye-mail or memorandum. (b) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. (3) Reconsideration of Director's Determination of a FONS!. (a) Call-up by the Board. Within fourteen (14) days after publication of the Director's Determination of a FONSI, the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (b) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen (14) days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONS!. The Board shall reconsider the Director's Determination of the FONSI at the next regularly scheduled meeting for which proper notice can be accomplished. The affected party may request a reasonable extension if necessary. c. Approval Required. If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions. B. Landscaping Within Off-Street Parking Areas. All off-street parking areas containing fifteen (15) or more spaces, except for enclosed or sub-grade parking structures, shall provide the following forms of landscaping: 1. Planting Strips. (no changes) a. Width. (no changes). b. Screen. A minimum of eighty (80) percent of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material or combination thereof; however, the clear vision area shall be maintained. See related standards under 4-230.A.1O, Standards for Landscape Berms, and Section 3-340.CA, Dimensional Limitations for Fence. Hedge. Wall or Berm. c. Trees. (no changes) 2. Interior Planting Areas. (no changes) EXHIBIT F I SECTION 4-660 EXCAVATION AND GRADING STANDARDS (orig 3/12/02) A. Purpose and Applicability. 1. Purpose. (no changes) 2. Applicability. (no changes) 3. Excavating and Grading Standards a. Application. The excavation and grading standards shall be as contained in the current edition of the Uniform Building Code appendix Chapter 33. The current edition will be as specified in Section 3.02 Application of Chapter III of the Eagle County Land Use Regulations also known as the Building Resolution. Additional standards and approval processes related to the design and placement of earthen landscape berms are also found in Section 4-230.A.1O., Standards for Landscape Berms. Section 4-230.A.11, Approval Process for Large Landscape Berms, and_Section 3-340.CA, Dimensional Limitations for a Fence. Hedge. Wall or Berm. b. Amendments. (no changes) ,