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HomeMy WebLinkAboutR06-081 amending LUR's for ridgeline protection standardsCommissioner 1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - 0 b I FILE NO. LUR -0064 IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS TO AMEND CHAPTER II, ARTICLE 2: DEFINITIONS; AND ARTICLE 4, SECTION 4 -450 RIDGELINE PROTECTION STANDARDS 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 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, Eagle County is experiencing high rates of population growth, increased population density and increased environmental pressures as a result of land development within Eagle County; 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: 1. Modify the current definition (both in written and illustrative forms) for `ridgeline' as found in Article 2: Definitions. In addition, introduce definitions to further clarify aspects of the proposed ridgeline regulations. These amendments to the text focus on key terminology and create clear, distinct definitions. With the new illustrations, less interpretation and greater understanding of the ridgeline protection intent is achieved. 2. Expand and strengthen Article 4, Section 4 -450 Rddgeline Protection Standards, in order to preserve Eagle County's scenic qualities. These amendments to Article 4 expand the areas of ridgeline protection throughout Eagle County along certain key transportation routes other than just the 1 -70 corridor. Pursuant to this proposed amendment, ridgeline protection will be expanded to include: Highway 131, Squaw Creek Road, Brush Creek Road, Colorado Page 1 of 4 t4, R River Road, Lake Creek Road, West Lake Creek Road El Jebel Road, Frying Pan Road, Highway 82, and Highway 24; however, the intent of the existing regulations remains the same; and, WHEREAS, the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use are awarded in such a manner that will promote and protect the convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County; and, WHEREAS, notice and/or a referral of this amendment was provided to all proper agencies and departments as required by the Eagle County Land Use Regulations, in addition to persons or agencies who may be affected by these changes; and, WHEREAS, at its public hearing(s) held May 3` 2006 the Eagle County Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and, WHEREAS, at its public hearing(s) held May 4 t ', 2006 the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and, WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board ") of the County of Eagle, State of Colorado, on July 17 2006 to consider this amendment and based upon its findings, has approved, the proposed amendment; 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, 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 Exhibit `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. Page 2 of 4 C C (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. (e) Community Need. It HAS BEEN demonstrated that the proposed amendment addresses a community need. (f) 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II, Article 2: Definitions and Article 4, Section 4 -450 Rid eline Protection Standards of the Eagle County Land Use Regulations, is hereby amended, effective 90 from the approval of this Resolution to read as set forth in `Exhibit A' attached hereto and incorporated herein by this reference. THAT, this amendment of the Eagle County Land Use Regulations shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. 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, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Eagle County Land Use Regulations shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. Page 3 of 4 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 2006, nunc pro tunc to the 17 day of July, 2006. I1 . EAGLE, STATE OF COLORADO, By and BARD OF COUNTY COMMISSIONERS Peter F. Runyon, Chai Commissioner 1--4 U4A seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon K Commissioner Tom C. Stone _ Commissioner Am M. Menconi ''1 Z This Resolution passed by I t) County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page 4 of 4 Teak J. Sunonton Clerk to the Board of County Commissioners File No. LUR -0064 Ridgeline Uaction Amendment EXHIBIT `A' ARTICLE 2: DEFINITIONS ARTICLE 4: SITE DEVELOPMENT STANDARDS *Note: Proposed deletions of existing text are identified with a stFikethFoagh proposed new regulatory language is identified in bold, italicized text. Article 2: Definitions RIDGELINE is defined in the following illustration: RIDGELINE am RIDGE RIDGE PLAN VIEW EXHIBIT'A' Page 1 of 9 File No. LUR -0064 Ridgeline action Amendment EXHIBIT A' ARTICLE 2: DEFINITIONS 0 ARTICLE 4: SITE DEVELOPMENT STANDARDS Ridgeline means the crest of a ridge, mountain, shoulder, hill or mesa. For the purpose of these regulations, a ridgeline shall mean land and vegetative features associated with that portion of a ridge, mountain, shoulder, hill, mesa top or crest that are silhouetted against the skyline when viewed from vantage points (see separate definitions for Vantage Points). Ridgelines- Intermediate refers to lands associated with ridge, mountain, shoulder, hill or mesa top or crests that are usually back dropped by higher terrain and are not silhouetted against the skyline when viewed from distant viewing angles and/or vantage points (see figure 1); however, an intermediate ridgeline may become a ridgeline depending on viewing angle or vantage point (see figure 2). Ridgeline Development shall refer to any land development with the potential, to interrupt a natural ridgeline by projecting structures or other improvements into the sky. Skyline. For the purpose of these regulations, the words `Skyline' and `Ridgeline' shall be interchangeable, and shall refer to land and vegetative features that are silhouetted against the sky when viewed from distant viewing angles and/or vantage points (see separate definitions for Ridgeline, Intermediate Ridgeline and Ridgeline Development) RIDEGLINES (Same location from two (2) different viewing angles) Figure 1: House located on an intermediate ridgeline I -70 /South which backdrops on hillside- no impact to ridgeline View EXHIBIT'A' Page 2 of 9 File No. LUR -0064 Ridgelin t'tection Amendment ARTICLE 2: DEFINITIONS ARTICLE 4: SITE DEVELOPMENT STANDARDS Figure 2: From a different viewing angle, the house is still located on an intermediate ridgeline which backdrops on hillside; however, the height of the structure must be mitigated so that the roof does not break ridgeline. �t EXHIBIT A ' 1 -70 /west View VANTAGE POINTS are a series of points established in equal half -mile intervals along a roadway, used in the Visual Analysis of a parcel of land. Article 4: Site Development Standards SECTION 4 -450. RIDGELINE PROTECTION A. Purpose. The purpose of the Ridgelin Protection Section is to preserve and maintain the County's scenic aesthetic resources as viewed from the We fswe 70 certain roadway corridors that are important to the character and economy of Eagle County. This is accomplished by the establishment of ridgeline areas within which the location and design of new development or redevelopment is reviewed to maintain and preserve the natural appearance of the mountain skyline and-te by avoiding penetration or interruption of the natural skyline by develepm er . (See definition of `Ridgeline' in Article 2: Det"rnitions) B. i14a-ps- lneergeFeted Areas Subject to Analysis. All undeveloped lands located near or on a ridgeline or intermediate ridge which are visible from the following transportation routes: EXHIBIT `A' Page 3 of 9 BELLYACHE RIDGE ROAD BRUSH CREEK ROAD COLORADO RIVER ROAD EL JEBEL ROAD FRYING PAN ROAD GYPSUM CREEK ROAD LAKE CREEK ROAD SQUAW CREEK ROAD WEST LAKE CREEK ROAD C US HIGHWAY 82 Corridor US HIGHWAY 24 Corridor US HIGHWAY 131 Corridor I -70 Corridor C. Applicability. The provisions of this Section 4 -450, Ridgeline Protection, shall apply to applications for Building Permits, Subdivision, Special Use, or PUD. , pr-epesed -en -lands that are designated en the Ridgeline 1 1 4- - tteetion Map-. W Exemptions. These standards shall not apply to: 1. Activity or development that has been previously approved through the Building Permit or Special Use Permit process prior to the date of adoption of these regulations, Z All lots within platted subdivisions, approved by the Board of County Commissioners, which prior to the effective date of these Ridgeline regulations have designated building envelopes, assigned building areas or otherwise include previously approved ridgeline protection and/or mitigation standards. 3. Development which has received approval from the Board of County Commissioners through the PUD process specifically granted a variation from this section, or properties which have received a Variance from the Zoning Board of Adjustment granting a Variance from this section; 4. Telecommunication Facilities which have received Special Use Permits incorporating visual mitigation measures; 5. Public Utility Facilities which have demonstrated that no other feasible and prudent alternative sites exist, 6. Fences constructed primarily of wire, Standards. All non - exempt development located in identified areas shall comply with the following standards: 1. The proposed development, where feasible, shall minimize potential visual impacts by utilizing existing topography and natural vegetation; however, after wildfire mitigation no part of any building shall silhouette the skyline at any time of year. 2. The proposed development height and bulk shall be designed to avoid the silhouetting of buildings from ridgelines. Mitigation techniques may include, but not be limited to either distributing the structural mass into a series of smaller forms; or utilizing stepped rooflines. 3. More restrictive minimum structural setbacks and/or height controls (heights EXHIBIT'A' Page 4 of 9 C less than normally permitted in underlying zone district) - ; may be necessary to preserve public views from identified transportation routes, as determined by a site specific visual analysis. D F. Procedure. 1. An applicant for development that is subject to the provision of this Section 4- 450, Ridgeline Protection, shall submit a visual analysis.' The purpose of the visual analysis is to illustrate the anticipated visual effects of the proposed development and to describe how the potential visual impacts will be mitigated. a. Building Permit. For new development on ridgeline, or potential ridgeline areas which requires a building permit, the application shall include those materials described under Subsection 4- 450.F.(2), Preliminary Plan in addition to the required materials necessary for the building permit application, and Pursuant to Section 4-450.G.1 FONSI Determination a.b. Special Use Application. For development requiring a special use permit, the application shall include only those materials described under Subsection 4- 450.D.1b.d.(2), Preliminary Plan in addition to the required materials necessary for the special use permit application C. Minor Subdivision. For development requiring `a Minor Subdivision, pursuant to Section 5 -290 Minor Subdivision with the exception of a minor subdivision for the purpose of subdividing condominiums, townhomes, patio homes or duplex structures, the application shall include those materials described under Subsection 4- 450.D.1b.d.(2), Preliminary Plan (unless otherwise exempted per, Section 4- 450.D) in addition to the required materials necessary for the minor, subdivision application. b.d Development Involving Subdivision or PUD Review: For any development subject to the procedures of this Section that 'involves Subdivision or PUD review, the Visual Analysis shall be submitted in the following stages: (1) Sketch Plan. Within the sketch plan application, the applicant shall submit an initial investigation of potential visual impacts and mitigation techniques. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of ridgeline areas protected by this Section in relationship to planned development areas. (b) Preliminary Visual Analysis. The Visual Analysis should provide sufficient information to clearly identify visually sensitive areas where development may require mitigation to prevent impacts upon the skyline. . EXHIBIT'A' Page 5 of 9 (b) (c) Written Statement. A brief written statement describing, in a general manner, where the development is proposed to be located in relation to the ridgeline areas and the design elements that will be used to mitigate visual impacts. (2) Preliminary Plan. Within the preliminary plan application, the applicant shall submit a detailed visual analysis. It shall illustrate the existing features of the site, as viewed from inter -state 70 , the applicable transportation taute(s). The analysis shall depict the location and design of the proposed development, from identified vantage points. Vantage points shall be in half -mile increments along the identified transportation route(s) (see Section 4 -450. B Areas Subject to Analysis). The visual analysis shall also include: (a) Illustrations. Illustrations of the mass and form of the proposed development. These may be provided as a photograph of the property, onto which the development has been rendered, a computer simulation, an architectural site section or other similar visual display technique. When the property is visible from two or more identified roadways, a visual analysis of the site must be provided from vantage. points, along all applicable transportation routes. (b) in $l'' Proposed Mitigation Controls including, but not limited to the following: (i) Structural Finish Materials and Colors. Statements or samples describing the materials and colors proposed to be used in all structures; (ii) Height limitations which may be more restrictive than the current definition for calculating building height (as found within Article 2: DeTnitions) or as the governing zone district allows; NO Proposed Building envelopes, (iv) Natural and introduced landscaping for the purpose of screening and preserving public view sheds. (v) Other mitigation controls. to prevent impacts to the skyline. EXHIBIT'A' Page 6 of 9 (c) Map. A map locating proposed roads and utilities and identifying the area proposed for development. (d) Plans. Grading, landscaping and illumination plans. (e) Written Statement. A written statement shall be submitted depicting how the development mitigates visual impacts on affected ridgelines. . (3) Final Plat. Within the final plat application, the applicant shall submit those materials necessary to provide the County with assurances that the development will meet all of its commitments for ridgeline development agreed to during preliminary plate review. Such assurances may include, but not be limited to covenants, deed restrictions and financial guarantees, or any other forms of mitigation as approved by the n,., my n «+,, as - aeeepted by the Board of County Commissioners. For developments that do not require a final plat, this information shall be provided with the preliminary plan. 2. Review by County. The County shall review the application and visual analysis to determine whether there is potential visual impact to the ridgelines eentained within t e e&eas map ped en t h e R id ge li ne Pr - et e e tie... Map from transportation routes as identified in Section 4 -450.B Areas Subject to Analysis. It is the intent that development subject to this Section 4 -450, Ridgeline Protection, be located in such a manner that it does not appear to penetrate above the crest of a ridge whereby the proposed development has no backdrop and penetrates the skyline. as view .a.,..,, 170 Wfat G. Approval Process for New Development Not Exempted In Section 4- 450.D. Exemptions Any proposed development which is not exempted pursuant_ Jo Section 4- 450.D.Exemptions for parcels of land on ridgeline, or potential ridgeline areas must receive a Finding of No Significant Impact ( FONSI) from the Director of Community Development. The FONSI determination process shall occur concurrently with review of a Building Permit, unless the proposed new development is approved by the Board of County Commissioners through the Subdivision, PUD or Special Use Permit process, in such instances, a FONSI is not necessary. 1. FONSI Determination. Prior to administering a FONSI determination, the Community Development Director must find that all of the following criterion has been satisfied. a. The newly proposed development has been located to avoid ridgeline areas to the greatest extent practicable, b. The newly proposed development cannot be readily seen from the roadways delineated in section 4 -450.B of these regulations, EXHIBIT'A' Page 7 of 9 1 T ' C. The proposed structural additionlexpansion will not change the visual aspect of the existing structure or further breach the skyline; d That there are other circumstances including but not limited to: topography, access, geologic aspects, location and lot shape; and that no other alternative building site exists other than what is proposed; e. The applicant has demonstrated, to the satisfaction of the Community Development Director that Section 4- 450.E. Standards has been incorporated into the proposed development. Based upon review of the Building Permit application materials and additional evidence as supplied by the applicant, the Director of Community Development may find that a Finding of No Significant Impact ( FONSI) is appropriate. 2. Finding of No Sianilkant Impact ( FONSD The Director of Community Development may determine that a Finding of No Significant Impact ( FONS1) should be issued if the proposed building permit 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 the public health, safety and welfare. In the instance that a FONSI is made, and .upon expiration of the reconsideration period described below, the building permit application will be issued pending compliance with all other applicable elements of these Land Use Regulations, as well as, the Eagle County Building Resolution. a. Notice of Director's Determination of a FONSI (1) Upon the Director's Determination of a FONSI, the Director shall notify the applicant by mail, and shall notes the Board, the County Administrator and the County , Attorney of the Determination by e-mail or memorandum. (2) 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. b. Reconsideration of Director's Determination of a FONSL (1) 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 (2) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's EXHIBIT'A' Page 8 of 9 01 C 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. 3. 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. EXHIBIT 'A' Page 9 of 9