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HomeMy WebLinkAboutR06-080 amending LUR"s dimensional limitations and stream setback requirementsC. 0 Commissioner o l - t moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - V IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS SECTION 3 -340 ZONE DISTRICT DIMENSIONAL LIMITATIONS; AND TABLE 3 -340 SCHEDULE OF DIMENSIONAL LIMITATIONS, TO MODIFY STREAM SETBACK REQUIREMENTS Eagle County File No. LUR -0055 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 sec,., 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 construction of new developments within the County is placing significant additional demands on the natural and human-made environments alike; and WHEREAS, this amendment proposes to amend the Eagle County Land Use Regulations in the following manner: To amend Section 3 -340, Zone District Dimensional Limitations, specifically Section 3- 340.C.6, Stream Setbacks, to modify the minimum stream setback in all zone districts from 50 ft. to 75 ft., and to delineate certain exceptions to the 75 ft. setback. 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.U.R. "), pursuant to Resolution No. 82 -26, and as subsequently amended; and WHEREAS, C.R.S. 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.R.S. 30 -28 -133, and Section 5 -230 of the E.C.L.U.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 Page 1 of 10 C. 0 Development initiated a proposal to amend Land Use Regulations with regard to stream setback requirements in order to protect water resources in Eagle County, and; WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on March 2, 2006, and certified their comments and forwarded a recommendation of approval to the Board; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on May 3, 2006, and certified their comments and forwarded a recommendation of approval 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 July 17, 2006, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commissions, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. Pursuant to Chapter 2, Section 5- 230.11.2., Text Amendment of the Eagle County Land Use Regulations: (a) The proposed amendments solely amends the text of the Eagle County Land Use Regulations and do not amend the Official Zone District Map or any other map incorporated into the Regulations by reference. (b) Precise wording of the proposed changes have been provided (see'Ezhibit `A 2. Pursuant to Chapter 2, Section 5- 230.D., Standards of the Eagle County Land Use Regulations as applicable: (a) Consistency with Comprehensive Plan. The proposed amendment IS consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the applicable comprehensive /master plans. (b) Compatible with Surrounding Uses. The issue of compatibility IS NOT applicable to this proposed amendment. (c) Changed Conditions. There ARE changed conditions that require this amendment. (d) Effect on Natural Environment. The proposed amendment WILL NOT result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. Page 2 of 10 0 011 (e) Community Need. It HAS BEEN demonstrated that the proposed amendment addresses a community need. (1) Development Patterns. Specific development patterns and services DO NOT apply to this proposed amendment. (g) Public Interest. The area to which the proposed amendment would apply HAS changed or IS changing to such a degree that it is in the public interest to amend the Eagle County Land Use Regulations; and WHEREAS, based on the evidence, testimony, exhibits and study of the Comprehensive 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 October 9, 2006, as set forth in Exhibit A 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. 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 inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Ist day of August, 2006. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its Page 3 of 10 BOARD OF COUNTY COMMISSIONERS ATTEST: : LM Teak J. Simonton Peter F. Runyon, Chairman Clerk to the Board of County Commissioners Commissioner V Ak- -4-t seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon 6 41111 L Commissioner Tom C. Stone Commissioner Am M. Menconi . Page 4 of 10 C � EXIIIBIT "A" (StFikethreugh indicates text to be removed. Italic indicates text to be added.) SECTION 3 -340. ZONE DISTRICT DIMENSIONAL LIMITATIONS C. Special Provisions for Yards. The following requirements shall be observed in all zone districts: 6. Stream Setbacks and Water Resource Protection. For thepurpose ofprotecting water resources, including wetlands and riparian areas, the following shall be observed in all zone districts: a 38-75 foot strip of land measured horizontally from the high water mark on each side of any live stream, or the 100 year floodplain, whichever provides the greater separation from the live stream, shall be protected in its natural state. with the . Footpaths, > , eeatr-el and bank stabilization devises may be eenstmeted No grading or removal of vegetation may occur within the stream setback. If necessary to protect the stream, wetlands, or riparian areas, additional width may be required. PUD zoned areas shall also comply with this standard unless either granted a Variance by the Zoning Board of Adjustment or a variation has been granted by the Board of County Commissioners. There shall be no projections into either a 100 year floodplain or stream setback. (orig 3112102) Stream setbacks on lots located in PUD zoned areas shall comply with the stream setback as indicated by the PUD Guide. Where the PUD is silent to stream setbacks, buildings and improvements shall comply with the 75 foot setback requirement. Stream setbacks on lots with building envelopes platted prior to the effective date of these regulations shall be determined by platted building envelopes. Any improvements legally constructed as part of a special usepermit or variance shall comply with the setback as approved through the issuance of the special use permit or variance. (a) Certain Improvements or Activities. Certain improvements and or activities maybe located within the stream setback as long as site disturbance is minimized to the greatest extentpractical, including, but not limited to the following: improvements pursuant to a floodplain development permit; footpaths not exceeding 3 feet in width following a route which minimizes disturbance and formed of generally natural, pervious materials; public multi - usepaths that arepart ofthepublic trail system or that are to be dedicated as public trails through the development reviewprocess; bridges that traverse the stream or a portion of the stream; fences; irrigation diversion structures; headgates, pump houses, and ditches; flood control and bank stabilization devices; the removal ofstate - listed noxious weeds; the removal of dead or dying vegetation; and the removal of vegetation for wildfire mitigation. Underground utilities may be located in such protected areaprovided there is no practical alternative location for such utilities, that the plans are approved by the County Commissioners as a Special Use, or as part of a Planned Unit Development, subdivision, or site specific development plan, and that all construction scars are revegetated with appropriate vegetation and suff cient temporary irrigation, if necessary. (b) Exceptions. The Community Development Director may approve a reduction ofthe stream setback to a minimum of 50 feet or the outer edge of the 100 year floodplain, whichever provides the greater separation from the stream. In order to be considered for an exception, the applicant must clearly demonstrate compliance with all the following criteria through the submittal ofa reportpreparedby a resource biologist or other qualified professional. At the discretion of the Community Development Director, the report may be referred to outside agencies for comment, including but not limited to the Eagle County Department of Environmental Heath, Colorado Geological Survey, the Colorado Division of Wildlife, the Army Corps of Engineers, or any other applicable agency. The report must specifically address all of the following: (l) Water Quality. That the setback reduction will not degrade water quality of the stream or ground water. (2) Erosion. That the setback reduction will not impact shoreline and stream banks, or cause erosion. Page 5 of 10 c (3) Habitat. That the setback reduction will not degrade fish and wildlife habitat. (4) Scenic and Recreational Values. That the setback reduction will not negatively impact scenic and recreational value associated with the stream. (5) Alternative Design. That the proposal for improvements on the site results in a design that more adequately preserves unique characteristics of the site, protects public view sheds, enhances public recreational enjoyment of the stream, or creates a design that results in greater public benefit than would be created by adhering to the 75 foot setback. OR (6) Other circumstances. That other circumstances prevent adherence to the 75 foot setback, including but not limited, to: lot depth, lot dimensions, existing development; lot topography. (c) Determination Based upon review of the application material and the information obtained at the pre - application meeting, the Director may determine that a Finding ofNo Sign fcantlmpact ( FONSI) is warranted. (1) Findingg -o NO Significant Impact (FONSI) The Director of Community Development may determine that a Finding ofNo Significantlmpact ( FONSI) should be issued it is determined that all of the above criteria has been met. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the applicant may pursue a Building Permit for construction. (2) Notice ofDirector's Determination o a FONSI (a) Upon the Director's Determination of a FONSI, the Director shall note the applicant by mail, and shall not6 the Board, the County Administrator and the County Attorney of the Determination by e-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 FONSI (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 FONSI. 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. (d) Approval Required. If the Director determines that a Finding ofNo Significant Impact ( FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners as an application for a Site Specific Development Plan. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public Page 6 of 10 1 0 testimony. After the close of the public hearing, the Board may approve, approve with conditions or disapprove of the proposed exception to the stream setback regulation. Page 7 of 10 C r 44 O ao w ly 'A 60 N in .Q N O O O 0 O O 8 -4 >4 C Q b v� b O p - O Nw q -� O O c.jw r O O N q - O O N q .-� O O N� q N O O N4� .--i O O V! Ix w O o 4..++ap o .�� c, y bq o 4... 64 O .�� 4. 4 o. 4... O-S 4.y" 0 . 8 o Aden 2. .q �4 = o o �� o o cc y }� W A OA ate.- j W W y � y� q � ti•a �_ [^ .q v � y �� { l . � � .� r�i T om ! 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