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)
,