HomeMy WebLinkAboutR06-103 Amendment to Eagle Vail PUD
lr~u~ I moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006-
APPROVAL OF THE AMENDMENT TO THE EAGLE-VAIL PUD TO ALLOW A
DETACHED GARAGE ON SINGLE-FAMILY LOTS; AND
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE
REGULATIONS (ECLURS); TO REMOVE THE EAGLE-VAIL PUD AS
APPENDIX B OF THE ECLURS
FILE NOS. PDA-00064 and LUR-0065
WHEREAS, on or about March 20th, 2006, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Gordon Blaikie (hereinafter "Applicant") for
approval of an Amendment to the Eagle- Vail Planned Unit Development and Zone Change for
the purposes of modifying Appendix B of the Eagle County Land Use Regulations (hereinafter
"Regulations"), File Nos. PDA-00064 and LUR-0065; and
WHEREAS, the Eagle-Vail PUD was originally included as part of the Eagle County
Land Use Regulations in 1976, as it was the first PUD adopted in Eagle County; and
WHEREAS, all other PUD guides in unincorporated Eagle County, except for the Eagle-
Vail PUD guide, have been created as 'stand-alone' zoning documents and are not included as
part of the Land Use Regulations; and
WHEREAS, the Applicant requested approval for a modification of the Eagle-Vail PUD
Guide which would allow detached garages on single-family lots; and
WHEREAS, the inclusion of the Eagle-Vail PUD Guide as a component of the Land Use
Regulations put an undue burden and hardship upon applicants applying for amendments to this
PUD, since a modification to the PUD would require positive findings associated with a change
in the Land Use Regulations (Zone Change) as well; and
WHEREAS, during the process of amending Appendix B- Eagle- Vail PUD Guide it was
decided to simultaneously remove Appendix B from the Regulations as part of LUR-0065; and
WHEREAS, in removing Appendix B it was also necessary to modify Article 3
removing all references to the Eagle-Vail PUD being as part of the Regulations; and
WHEREAS, the amendment of the Eagle-Vail PUD is to allow detached garages with
habitable space not to exceed 1500 square feet, (see attached 'Exhibit A'), is in compliance with
findings in Section 5-240 as it applies to amendments to Planned Unit Development Districts;
and
WHEREAS, notice of the PUD Amendment, as well as the Zone Change was given to
all proper agencies and departments as required by the Eagle County Land Use Regulations,
Section 5-21 O.E; and
WHEREAS, at its public hearing(s) held July 5th, 2006, the Eagle County Planning
Commission, based upon its findings, recommended approval, of both the proposed PUD
Amendment and Zone Change; 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 25th, 2006 to
consider the PUD Amendment and Zone Change application; 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 Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. Amendment to Preliminary Plan for PUD. No substantial modification, removal, or
release of the provisions of the plan shall be permitted except upon a finding by the
County, following a public hearing called and held in accordance with the provisions of
section 24-67-104(1)(e) Colorado Revised Statutes that;
1. MODIFICATION: The modification, removal, or release is consistent with the
efficient development and preservation of the entire Planned Unit Development;
2. ADJACENT PROPERTIES. The PUD Amendment does not affect, in a substantially
adverse manner, either the enjoyment of land abutting upon or across a street from the
Planned Unit Development or the public interest;
3. BENEFIT. The PUD amendment is not granted solely to confer a special benefit
upon any person.
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 ofland 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
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WHEREAS, the Board finds and determines that the amendments to the Eagle County
Land Use Regulations as contained herein meet all associated requirements and are necessary
and designed for the purpose of promoting the health, safety, convenience, order, prosperity and
welfare of the present and future inhabitants of Eagle County and are consistent with the
County's goals, policies and plans, including the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado APPROVED File Nos. PDA-00064 and LUR-0065.
MOVED, READ ANn ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the Wf/'uay of OO1o""u-2006,
nunc pro tunc to the 25th day of July, 2006.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its BOARD OF
COlJNTY COMMISSIONERS
'-
By:
By:
Commissioner ~1 CL--ll seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Commissioner Peter F. Runyon Cu,'<.
Commissioner Am M. Menconi p ""~
Commissioner Tom C. Stone \ ~&\,
This Resolution passed by
of Eagle, State of Colorado.
vote of the Board of County Commissioners of the County
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APPENDiX B February /5. ]()()5
'Exhibit A' Appendix B: EAGLE-VAIL pun GUIDELINES
1. Purpose
To provide for the Eagle-Vail Subdivision, Filings 1 and 2, Eagle County,
Colorado and Whiskey Hill, Eagle County, Colorado, the necessary control
document pursuant to Section 24-67-101 et seq., C.R.S. and Section 2.06.13 of
the existing Land Use Regulations which was not previously adopted by the
Board of County Commissioners, the Eagle-Vail Subdivision having been
developed prior to the adoption of these Land Use Regulations.
2. General
a. The zoning and land use restrictions set forth in this Section 2.06.15 shall
apply to all real property located and included within the Eagle-Vail
Subdivision, Filings Nos. 1 and 2, as set forth on the final plats thereof
recorded in Book 225 at Page 302 and Book 232 at Page 782, respectively,
of the Eagle County real property records, Amended Final Plat of Lot 2,
3,22, Block 2, Filing 2 recorded in Book 233 at Page 612 and Whiskey
Hill as set forth on the final plat thereof recorded in Book 256 at Page 733
and the Oleson Final Plat recorded at Reception No. 838271 said
Subdivisions being hereinafter referred to throughout these regulations as
"Eagle-Vail".
b. The remaining provisions of these Land Use Regulations shall apply to
development within Eagle-Vail to the extent applicable and not
inconsistent with the specific provisions of this Appendix B. In the event
of a conflict, inconsistency or incongruity between the provisions of this
Appendix B and the provisions of any other section contained in these
Land Use Regulations, the provisions of this Appendix B shall in all
respects govem and control the development of Eagle- Vail.
c. The procedure for modifying or amending this Appendix B as applied to
specific instances shall be govemed by Section 5-240, Planned Unit
Development CPUD) District of these Land Use Regulations.
d. Special Review: The Eagle-Vail special review shall follow all the
requirements for a special use permit, as shown at Section 5-250, Special
Uses of the Eagle County Land Use Regulations.
3. Definitions - As used in this Appendix B, the following words and terms shaH have the
following meanings:
a. "Bed and Breakfast - Home Occupation" shall mean a lawful use
incidental to the use of the dwelling for dwelling purposes and wherein no
more than 4 persons at anyone time are provided lodging and/or meals for
compensation.
b. "Commercial Lot" shall mean and refer to a parcel which may be used for
multiple family residential purposes, condominiums, apartments, retail
shops, service shops (including automobile service stations), restaurants,
motels, hotels, lodges, medical clinics and professional offices.
C. "Day Care Center" shall mean and refer to a facility used for the whole or
part of a day for the care of seven (7) or more children, not related to the
owner, operator or manager thereof; whether such facility is operated with
or without compensation for such care; and providing that one loading
space be provided in addition to the standard parking requirements.
d. "Duplex Lot" shall mean and refer to a lot which may be used solely for
residential purposes and upon which not more than one building
containing not more than two Dwelling Units and not more than two
garages may be constructed.
e. "Dwelling Unit" shall mean and refer to one or more rooms in a building
designed to be used and occupied by one family living independently of
any other family, having not more than one indoor kitchen facility, to be
used solely for residential occupancy.
f. "Fourplex Lot" shall mean and refer to a lot which may be used solely for
residential purposes and upon which not more than one building
containing not more than four Dwelling Units, and not more than four
garages, may be constructed.
g. "Home Occupation" means any lawful use conducted entirely within a
dwelling which is incidental and secondary to the use of the dwelling for
dwelling purposes and which does not change the residential character
thereof Home occupations may include, but not be limited to,
professional offices.
h. "Kitchen Facility" means fixtures and equipment for food storage and
preparation of meals, which may include any or aH of the following, but
not be limited to a sink, stove, microwave oven, dishwasher and
refrigerator and food storage facilities.
i. "Multi-Family Lot" shaH mean and refer to a lot which may be used solely
for residential purposes, upon which may be constructed a building or
buildings to be used for multi-family residential purposes (condominiums,
townhouses, apartments or other comparable uses), provided that the total
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number of Dwelling Units to be constructed on a particular Multi-Family
Lot shall not exceed the number of Dwelling Units allowed for such lot as
designated on the recorded final plat relative thereto and as further
designated in this Appendix B(4).
j. "Recreation Lot" shall mean and refer to a parcel which may be used
solely for recreational purposes such as golf, swimming, picnicking,
volleyball, open space and the like, and which may have constructed
thereon buildings associated with such uses.
k. "Single Family Lot" shall mean and refer to a parcel which may be used
solely for residential purposes and upon which not more than two
structures, one of which can have no more than 1500 square feet of the
total available square footage, can be built. An accessory dwelling unit
not larger than 800 square feet is allowed which may not be further
subdivided from the primary unit.
I. "Telephone Switching Station" shall mean and refer to a lot which may be
used for housing telephone switching / related equipment inside a
building, and associated employee parking, and excludes extemal antenna
and antenna support structures.
4. Use Regulations
a. Land Uses
The lots within the Eagle-Vail Subdivision, Filing Nos. 1 and 2, and
Whiskey Hill and the Amended Final Plat of Lots 2,3,22, Block 2, Filing 2
as designated and described on the recorded final plats thereof faH within
the following land use categories:
Definition
Lot Description
1) Duplex Lot
A) Eagle- Vail Subdivision, Filing No.1:
Block 1, Lots 10-72, inclusive;
Block 2, Lots 1-7, inclusive;
Block 3, Lots 1-15, inclusive;
Block 3, Lots 28-72, inclusive;
Block 3, Lots 74-101, inclusive;
Block 3, Lots 110-126, inclusive;
Block 6, Lots 1-11, inclusive;
Block 6, Lots 14-20, inclusive;
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Block 6, Lot 28;
Block 7, Lots 1-6, inclusive;
Block 8, Lots 1-6, inclusive;
Tract F.
B) Eagle-Vail Subdivision, Filing No.2:
Block 1, Lots 1-19, inclusive;
Block 1, Lots 25-51, inclusive;
Block 1, Lots 53-79, inclusive;
Block 1, Lots 7-21, inclusive;
Block 3, Lots 13-42, inclusive;
Block 4, Lots 1-15, inclusive;
Block 4, Lots 16-38, inclusive;
Block 4, Lots 42-97, inclusive.
C) Whiskey Hill Subdivision
Lots 1-34, inclusive.
2) Fourplex Lot
A) Eagle-Vail Subdivision, Filing No.1:
Block 1, Lots 3-9, inclusive;
Block 3, Lots 16-27, inclusive;
Block 3, Lots 102-104, inclusive;
Block 4, Lots 1-8, inclusive;
Block 5, Lots 1-14, inclusive.
B) Eagle-Vail Subdivision, Filing No.2:
Block I, Lots 20-23, inclusive;
Block 1, Lot 52;
Block 2, Lots 4-6, inclusive;
Block 3, Lots 1-9, inclusive, Lot 12;
Block 4, Lots 40 and 41.
C) Amended Final Plat of Lot 2, 3,22, Block 2, Filing 2
Block 2, Lot 3
3) Multi-Family Lot
A) Eagle-Vail Subdivision, Filing No.1:
Block 3, Lots 73 and 105;
Block 3, Lots 106 and 109;
Lots 2, and 3 (formerly Block 3, Lots 107 and 108);
Block 6;
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Tracts G, J and K.
B) Eagle- Vail Subdivision, Filing No.2:
Block 1, Lot 80;
Block 2, Lots 1;
Block 2, Lot 22.
C) Whiskey Hill Subdivision
Lot 35.
D) Amended Final Plat of Lots 2,3,22, Block 2, Filing 2
Block 2, Lot "Exception"
Block 2, Lot 22
4) Commercial Lot
A) Eagle- Vail Subdivision, Filing No.1:
Block 1, Lots 1 and 2;
Block 9, Lots 1-4, inclusive.
B) Eagle-Vail Subdivision, Filing No.2:
Block 4, Lot 39.
5) Recreation Lot
A) Eagle-Vail Subdivision, Filing No.1:
Tracts A, B, C, D, E and 1.
B) Eagle-Vail Subdivision, Filing No.2:
Tracts A, B, C, D, E, F, G and H.
6) Commercial
Limited Lot
A) Eagle- Vail Subdivision, Filing No.1,
Lot 1, Mountain Terrace:
7) Church Lot
A) Eagle- Vail Subdivision, Filing No.2,
Block 2, Lot lA. (orig. 11/28/89)
8) Detached
T ownhome Lot
A) Eagle- Vail Subdivision, Filing No.2,
Block 3, Lots 10-11. (orig. 911 6/92)
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9) Single Family Lot
A) Oleson Subdivision
Lots 1-3 (orig. 10/02/00)
10.) Telephone Switching
Station Lot
A) Amended Final Plat of Lots 2, 3, 22, Block 2, Filing 2
Block 2, Lot 2
5. Uses, Special Review:
A lot which can be used solely for multiple family residential purposes, condominiums,
apartments, retail shops, service shops (excluding automobile service stations),
restaurants, motels, hotels, lodges, professional offices and medical clinics, and upon
which the number of dwelling, condominium, apartment, motel, hotel or lodge units to be
constructed and the number of buildings to be so constructed upon said lot shall be as
approved by the Board; provided that said lot shall not exceed 60,000 square feet of
enclosed floor space (exclusive of underground parking garages) per acre of land.
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MULTI-FAMILY UNIT INVENTORY (As of 1979)
EAGLE- VAIL SUBDIVISION, FILING # 1
MUL TI-F AMIL Y LOT UNITS LOCATION
Clubhouse Condominiums 14 Block 3, Lot 109
Mountain Terrace 30 Lots 1,2 and 3 (formerly Block 3,
Lots 107 and 108)
Stone Creek Meadows 232 Block 6, Tracts G, J, & K
Cornerstone 33 Block 6, Lot 35
Swim Club 8 Block 3, Lot 106
19th Fairway 26 Block 3, Lot 105
Par 6 56 Block 3, Lot 73
399 Total
EAGLE- VAIL SUBDIVISION, FILING # 2
MUL TI-F AMIL Y LOT UNITS LOCATION
Eagle River Condos 6 Block 2, Lot 22
Sunriver 65 Block 2, Lot lA
Mountain Stream 54 Block 2, Lot lA
Left Bank at Eagle-Vail 54 Block 2, Lot 1
River View Apartments 73 Block 1, Lot 1
The Woods 21 Block 1, Lot 80
273 Total
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6. Use Restrictions and Guidelines
ill Single Family Lot (orig. 10/02/00)
1)
Use by Right:
aa.
Single family dwelling unit
or single family with
secondary unit not to exceed
800 square feet.
2)
Uses, Special Review:
aa.
bb.
Day Care Center
Home occupation for office
use or studio for the arts and
crafts.
3) Fractional Fee Estates and Bed and Breakfast Home Occupation are
specifically prohibited.
4) Density: 2 dwelling units/lot
5) Floor Area Ratio: .35 Floor Area Ratio defined to
include all space between
exterior walls excluding true
basements (uninhabitable
space) and garages.
(6) Lot Coverage: .25 Defined as building footprint
including cantilevered space
and garages (excluding
decks).
(7) Total Impervious .50 Impervious materials
Materials: defined to include any
driving and parking surface.
(8) Maximum Building Height:
35 feet.
(9) Front Setback:
20 feet from property line.
(10) Side and Rear Setback:
12.5 feet or 1/2 the height of any
building, whichever is greater.
(11) Snow Removal:
20% of outside parking and
driveway area. Snow removal space
must have a minimum dimension of
6 feet on aU sides, be not more than
12 feet deep and be adjacent to
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parking or driveway area. No trees
and shrubs will be allowed in snow
storage area.
(12) Parking:
3 spaces per unit. One of these
spaces may be located behind a
garage door only if the use of each
space is formally allocated to a
specified unit (legally controlled).
Q) Duplex Lot
(1)
Use by Right:
aa.
Duplex or single family
dwelling unit.
Day Care Home.
bb.
(2)
Uses, Special Review:
aa.
bb.
Day Care Center.
Home occupation for office
use or studio for the arts and
crafts.
(3) Fractional Fee Estates and Bed and Breakfast Home Occupation are
specifically prohibited.
(4) Density: 2 dwelling units/lot.
(5) Floor Area Ratio: .35 Floor Area Ratio defined to
include all space between
exterior waHs excluding true
basements (uninhabitable
space) and garages.
(6) Lot Coverage: .25 Defined as building footprint
including cantilevered space
and garages (excluding
decks).
(7) Total Impervious .50 Impervious materials
Materials: defined to include any
driving and parking surface.
(8) Maximum Building Height: 35 feet.
(9) Front Setback: 20' from property line.
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(10) Side and Rear Setback:
12.5 feet or 1/2 the height of any
building, whichever is greater.
(11) Snow Removal:
20% of outside parking and
driveway area. Snow removal space
must have a minimum dimension of
6 feet on all sides, be not more than
12 feet deep and be adjacent to
parking or driveway area. No trees
and shrubs will be allowed in snow
storage area.
(12) Parking:
3 spaces per unit. One of these
spaces may be located behind a
garage door only if the use of each
space is formally allocated to a
specified unit (legally controlled).
f2 4-Plex Lot
(1) Uses by Right: aa. Fourplex, triplex, duplex or
single family dwelling unit.
bb. Day Care Home.
(2) Uses, Special Review: aa. Day Care Center;
bb. Home occupation for office
use or studio for the arts and
crafts.
(3) Density: 4 dwelling units per lot.
(4) Floor Area Ratio: .50 Floor Area Ratio defined
same as for duplex.
(5) Lot Coverage: .25 Lot Coverage defined same
as for duplex.
(6) Total Impervious .60 Impervious materials
Materials: defined to include any
driving and parking surface.
(7) Maximum Building 35 feet
Height:
(8) Front Setback: 25 feet from property line.
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(9) Side and Rear
12-1/2 feet or 1/2 the Setbacks:
height of any building, whichever is
greater.
(10) Snow Removal:
Same as for Duplex.
(11) Parking:
Same as for Duplex.
(12) Fractional Fee Estates and Bed and Breakfast Home Occupations are
prohibited.
ill Multi-Family
(5)
(6)
(7)
(8)
(9)
(1)
Uses by Right:
aa.
bb.
Multiple dwelling units.
Day Care Home.
(2)
Lot Coverage:
.30
Lot Coverage defined same
as for duplex.
(3)
Total Impervious
Materials:
.60
Impervious materials
defined to include any
driving and parking surface.
(4)
Floor Area Ratio:
.50
Floor Area Ratio defined
same as for duplex.
Maximum Building Height:
35 feet.
Front Setbacks:
Local Street: 35 feet from front
property line.
Collector/Arterial Street: 50 feet
from front property line.
Side and Rear Setbacks:
12-1/2 feet or 1/2 the height of any
building, whichever is greater.
Parking:
2.5 spaces per unit.
Snow Removal:
Same as for Duplex.
(10) Bed and Breakfast Home Occupation and Fractional Fee Estates are
prohibited.
II
5U Commercial
Purpose: To provide for the limited range of commercial uses needed to meet the
daily or convenient shopping needs of neighborhood residents in the immediate
area.
(1) Uses by Right:
a) Retail establishments including sales of:
1) Appliances;
2) Automotive and vehicular parts;
3) Bakery, when incidental to another use;
4) Beverages;
5) Clothing;
6) Dry goods;
7) Food;
8) Furniture;
9) Garden supply and plant materials, provided all activity is
conducted within a building;
10) Hardware;
b) Personal service establishment including:
1) Art gallery;
2) Bank;
3) Barber or beauty shop;
4) Greenbelt;
5) Indoor recreation;
6) Indoor theater;
7) Laundromat;
8) Laundry or dry-cleaning pick-up station;
9) Library;
10) Mortuary;
11) Museum;
12) Park;
13) Photography studio;
14) Private club;
15) Public building for administration;
16) Reading room;
17) Restaurant;
18) Shoe repair;
19) Tailor shop;
c) Office, (provided all activity is conducted within a building) for
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conduct of:
1) a business or profession;
2) studio or conduct of arts and crafts;
d) Residential, as defined in this Appendix B, (5) Uses, Special
Review, above, and as regulated therein.
(2) A special review hearing is required for the following uses:
a) Service and retail uses:
(1) Any use listed under Uses By Right above which is to be a
drive-in establishment where the customer receives goods
or services while occupying a vehicle;
(2) Auditorium;
(3) Auto washing facility;
(4) Automobile repair garage;
(5) Boarding house;
(6) Church;
(7) Clinic;
(8) Community building;
(9) Convalescent home;
(10) Educational Facility;
(11) Fratemallodge;
(12) General service establishment including:
a) service and repair of appliances;
b) service and repair of automobiles;
c) vehicular rental;
(13) Hotel;
(14) Motel;
(15) Nursing home;
(16) Parking lot or garage as principal use of the lot;
(17) Rooming house;
(18) Utility substation;
b. Minimum Lot Area:
7,500 square feet and as further restricted under the Supplementary
Regulations.
c. Maximum Lot Coverage:
40 percent by buildings, or a total of 70 percent including coverage
by all other impervious materials.
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d. Maximum Floor Area Ratio:
0.50: 1.0 and as further restricted under the Supplementary
Regulations.
e. Minimum Setbacks:
(1)
Front Yard:
Arterial/Collector Street - 50 feet
from front property line;
Local Street - 25 feet from front
property line;
(2)
(3)
Rear Yard:
25 feet from rear property line;
Side Yard:
10 feet or half the height of any
building, whichever is greater;
f.
Maximum Height of
Buildings:
35 feet
.D. Church (orig. I 1128/89)
Purpose: To provide for the construction of a church and its accessory uses.
(orig. 11/28/89)
(1) Uses by Right:
a) Church - A building or group of buildings used for the gathering of
persons for such purposes as worship, deliberation, education,
instruction, entertainment or non commercial dining; (orig. 11/28/89)
b) Parsonage/Caretaker Unit - One structure containing two dwelling
units. The Caretaker Unit (Secondary Unit) shall be no more than
25% of the gross floor area of the two dwelling units, must be
integral with the architecture of the Parsonage (Primary Unit) and
cannot be subsequently subdivided or transferred in ownership.
The Parsonage/Caretaker Unit may be part of the church structure;
(orig. 11/28/89)
c) Classrooms; (orig. 11/28/89)
d) Recreational Facilities; (orig. 11/28/89)
e) Day-Care Facilities; (orig. 10/17/90)
f) Bookstore - A structure or part of a structure used for the sale of
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theological, religious, or Christian books, music, stationery or
related gifts. The bookstore shall be no more than 15% of the
gross floor area of the church. (orig.IOIl7/90)
(2) Uses, Special Review - None.
(3)
Lot Coverage
(4)
Total Impervious
(5)
Floor Area Ratio
.35
(6)
Maximum Building
.25
Defined as building footprint
including cantilevered space
and garage (excluding decks).
(amend. lOll 7/90)
.65
Impervious materials defined
to include any driving and
parking surface. (amend.
02/15/05)
Floor Area Ratio defined to
include all space between
exterior walls excluding true
basements (uninhabitable
space) and garages. (amend.
10/17/90)
Exception: Stacks, vents, cooling
towers, elevator structures and
similar mechanical building
appurtenances and spires, domes,
cupolas, towers and similar
noninhabitable building
appurtenances may exceed by not
more than 30 percent of the building
height limitations of the applicable
Zone District. (orig. 10/17/90)
(7)
Front Setbacks
Arterial/Collector Street: 50 feet
from front property line.
Local Street: 25 feet from front
property line. (orig. 11/28/89)
(8)
Side and Rear
Setbacks
12.5 feet or .5 height of
building, whichever is greater. (orig.
11/28/89)
(9) Parking
IS
a) Auditorium, Public Assembly, Classrooms - 1 space per 100
square feet of floor area used for seating or assembly. (orig.
I 1/28/89)
b) Bookstore, Retail - 1 space per 300 square feet of floor area
(except storage area). (orig. 11/28/89)
c) Parsonage - 3 spaces. (orig. 1 1/28/89)
d) Caretaker - 2 spaces. (orig. 11/28/89)
e) All parking and driveway surfaces to be paved. (orig. 11/28/89)
f) Site specific engineer designed drainage plans shall be submitted
prior to the issuance of any building permits. (orig. 11/28/89) This
plan shall preserve the character of the Eagle River by way of
runoff controls such as on-site detention (refer to the Upper Eagle
Valley non-point source control plan). (amend. 10/17/90)
(10) Landscape Requirements - All outside parking facing or abutting a lot or
street in a residential use or zone shall have sight-obscuring landscape
buffer or fence. The landscape buffer or fence shall be of such material
and design as will not detract from adjacent residences and shall be built
according to plans submitted by the owner to and approved by the County
Zoning Administrator. A landscape plan shall be prepared by a landscape
architect, architect, or other qualified landscape designer. (orig. 11/28/89)
(11) Snow Removal - An area or areas totaling not less than 20% of all parking
and driveway surfaces shall be provided on the site for snow storage.
Designated snow storage areas to be included on landscape plan. (orig.
11/28/89)
(12) Signage - One sign, not to exceed 30 square feet, shall be located so that it
is readily visible from the street abutting the front setback. If the sign is
freestanding, the height above grade shall not exceed 7 feet. One
additional sign shall be provided for the identification of a bookstore, not
to exceed 10 square feet and shall be readily visible from the street
abutting the front setback. If the sign is free standing, the height above
finished grade shall not exceed 5 feet. The design and materials of the
sign shall be in character with and not detract from adjacent properties.
(amend. 10/17/90)
(13) Prior to issuance of a building permit for future building expansion, the
applicant shall demonstrate compliance with the requirements of the State
Highway Access Code. (orig. 02/15/05)
16
g} Detached Townhome Lot (orig.9/16/92)
Purpose: To provide for clustered single-family housing within a townhome style
organization. Townhome lots will represent the footprint of the individual
structures and accessory uses directly associated with the structure, such as
parking spaces. Ownership and maintenance of common area will be the
responsibility of the homeowners association. Setbacks, floor area ratio, lot
coverage, and total impervious material will be calculated on the total of all
Structures as if for a single structure on the original lot. (orig. 9/16/92)
(1)
Uses by Right:
(2)
Uses, Special Review:
a)
b)
a)
Detached Townhome, density
not to exceed the original 4-
plex designation. (orig.
9/16/92)
Fourplex, triplex, duplex or
single family dwelling unit.
(orig.9/16/92)
Day Care Home. (orig.
9/16/92)
b)
c)
Day Care Center; (orig.
9/16/92)
Home occupation for office
use or studio for the arts and
crafts. (orig. 911 6/92)
(3) Maximum Density: 4 dwelling units per original lot.
Adjacent lots may be combined.
(orig.9/16/92)
(4) Floor Area Ratio: .50 Floor Area Ratio defined to
include all space between
exterior walls excluding true
basements (uninhabitable
space) and garages. (orig.
9/16/92)
(5) Lot Coverage: .25 Defined as building footprint
including cantilevered space
and garages (excluding
decks). (orig.9/16/92)
(6) Total Impervious .60 Impervious materials
Materials: defined to include
any roof area and non-
17
porous walking, driving or
parking surface. (orig.9116/92)
(7) Maximum Building
Height:
35 feet (orig.9116/92)
(8) Front Setback:
25 feet from property line of the
original lot. (orig.9/16/92)
(9) Side and Rear
Setbacks:
12-1/2 feet or 1/2 the
height of any building, whichever is
greater, from property line of the
original lot. (orig.9116/92)
(10) Snow Removal:
20% of outside parking and
driveway area. Snow removal space
must have a minimum dimension of
6 feet on all sides, be not more than
12 feet deep and be adjacent to
parking or driveway area. No trees
and shrubs will be allowed in snow
storage area. (orig.9/16/92)
(11) Parking:
3 spaces per unit. One of these
spaces may be located behind a
garage door only if the use of each
space is formally allocated to a
specified unit (legally controlled).
(orig.9/16/92)
(12) Fractional Fee Estates and Bed and Breakfast Home Occupations are
prohibited. (orig.9/16/92)
h. Telephone Switching Station (orig. 10/16/00)
Purpose: To provide for the existence and necessary development of a telephone
switching station. (orig. 10/16/00)
(1 ) Uses by Right:
a. Telephone Switching Station
(2) Uses, Special Review
a. Telecommunication Facilities as defined in the Eagle County Land
Use Regulations.
18
(3) Other Lot Restrictions: Same as for Commercial for Minimum Lot Area,
Maximum Lot Coverage, Maximum Floor Area Ratio, Minimum
Setbacks, Maximum Height of Buildings, and snow coverage. Parking
shall be limited. Additional parking shall be determined by the Planning
Commission pursuant to Section 4-120.A.4 Number of Required Parking
and Loading Spaces.
7. Minimum Use Standards: All commercial development shall comply with the following
requirements:
(a) All fabrication, service and repair operations shall be conducted within a
building;
(b) All storage of materials shall be within a building;
(c) Loading and unloading of vehicles shall be conducted on private property
and not on any street or alley;
(d) No dust, noise, odor, glare or vibration shall be projected beyond the lot;
(e) All outside parking abutting or facing a lot in a residential zone shall be
enclosed by a sight-obscuring landscape buffer or fence. The landscape
buffer or fence shall obstruct the parking from view on the sides of the
property abutting or facing the lot. The landscape buffer or fence shall be
of such material and design so as not to detract from adjacent residences
and shall be built according to plans submitted by the owner to and
approved by the County Zoning Administrator;
(f) A landscape plan shall be prepared by a landscape architect or other
qualified landscape designer.
8. Signs
A) Purpose:
1) To create a unified comprehensive sign program for community
identification and location and identification of public facilities;
2) To create a style and mood for the community and to orient visitors and
residents.
B) Applicability:
The provisions of this section shall apply to all public signage. All private
and commercial uses shall conform to Division 4-3, Sign Regulations.
19
C) Administrative Review:
Application for a sign permit shall be made to the Eagle-Vail Architectural
Control Committee and following approval, to the County Sign Administrator and
shall include the following: 2 copies of a scaled drawing which depicts the sign.
Drawing should show sign height, size, materials, construction and location in
relation to buildings, setbacks, property lines and landscape features.
D) Sign Allowance:
1. Major Entrance Signs:
East Entrance (Eagle Road/Highway 6} - 2 P.U.D. Identification signs not
to exceed 42 square feet each and 8 feet in height;
West Entrance (West edge of the subdivision) - 1 P.U.D. Identification
sign not to exceed 50 square feet and 8 feet in height;
This signage is to identify the subdivision (i.e. logo), and describe public
facilities. It shall be coordinated with entrance walls, landscaping and
integral lighting to create the desired subdivision style.
2. Minor Entrance Signs:
Three Minor Entrances - Not to exceed 32 square feet per intersection and
8 feet in height;
This signage is to identify the subdivision (i.e. logo), and give directional
information. It shall be located on stone pilasters and shall be coordinated
with landscaping and lighting to create the desired subdivision style.
3. Major Directional Signs:
Appropriate intersection signage identifying Eagle- Vail and giving
directions to public facilities and Eagle- Vail roads. They shall not exceed
16 square feet, 6 feet in height and 3 in number.
4. Minor Directional Signs:
Not to exceed 4 square feet, 4 feet in height and 5 in number. This
signage shall match the style of the major directional signs and the public
facility signs to create a unified look.
5. Public Facility Signs:
20
These signs are to be on the facility property to identify the facility and
shall not exceed 16 square feet, 6 feet in height and 3 in number. They
shall match the style of the directional signage and be coordinated with
buildings, landscaping and lighting to create a unified look.
6. Street Signs:
These signs are to be at each intersection and shall be two street flags per
post or light standard. They are to be metal reflective signs on wood
backing matching the style of the regulatory signage.
7. Regulatory Signs:
These shall be located by the Eagle County Road and Bridge Department
per regulatory standards. They shall be standard metal reflective signs on
wood backing.
8. Location Limitations:
As these signs are located on public lands, they shall be coordinated with
drainage swales, underground utilities, surface utilities and landscaping so
as not to interfere with water directional drainage, road operations and
sight lines (generally 1 to 10 feet from the edge of the road right-of-way).
Locations shall be verified in the planning stages with the Eagle County
Road and Bridge Department.
21
ARTICLE 3: ZONE DISTRICTS
TABLE OF CONTEl'vTS
ARTICLE 3
ZONE DISTRICTS
TABLE OF CONTENTS
PAGE
DIVISION 3-1. GENERAL... ............ ............................... ............ .................... ............................. ......................... 3- I
Section 3- I 00. Establishment of Zone Districts ........................................................................................................ 3- I
Section 3-110. Official Zone District Maps..............................................................................................................3- I
Section 3- 120. Interpretation of Zone District Boundaries ....................................................................................... 3-2
DIVISION 3-2. PURPOSES OF ZONE DISTRICTS.......................................................................................... 3-3
Section 3-200. General..................................................................................................................................... ........ 3-3
Section 3-210. Residential, Agricultural and Resource Zone Districts .....................................................................3-3
Section 3-220. Commercial and Industrial Zone Districts ........................................................................................ 3-5
SectioR 3 240. Eagle Vail PUD ................................................................................................................................. 3 6
Section 3-230. Planned Unit Development (PUD) Zone District ............................................................................ 3-5
Section 3-250. Floodplain Overlay Zone District ...................................................................................................... 3-6
DIVISION 3-3. USE AND DIMENSIONAL STANDARDS ............................................................................... 3-7
Section 3-350. Floodplain Overlay Zone District ...................................................................................................3-66
Section 3-340. Zone District Dimensional Limitations........................................................................................... 3-58
Section 3-330. Review Standards Applicable to Particular Commercial and Industrial Uses................................. 3-56
Section 3-320. Commercial and Industrial Zone Districts Use Schedule................................................................ 3-51
Section 3-310. Review Standards Applicable to Particular Residential, Agricultural and Resource Uses ............. 3-12
Section 3-300. Residential, Agricultural and Resource Zone Districts Use Schedule .............................................. 3-7
LAND USE REGULATIONS
Article 3, July i7, 2006
3-i
EAGLE COUNTY. COLORADO
ARTICLE 3: ZONE DISTRiCTS
3-iOO. ESTABLISHMENT OF ZONE DISTRiCTS
ARTICLE 3
ZONE DISTRICTS
DIVISION 3-1. GENERAL
SECTION 3-100.
ESTABLISHMENT OF ZONE DISTRICTS
A. Purpose. The purpose of this Article is to establish the zone districts and zone district overlays that
regulate the type and intensity of land uses within the unincorporated area of Eagle County.
B. Division of County Into Zone Districts. The unincorporated area of Eagle County is hereby divided
into the minimum number of zone districts necessary to achieve the compatibility of uses and character
within each zone district, to implement the Master Plan and to achieve the purposes of these Land Use
Regulations.
C. Zone Districts Established. The following zone districts and zone district overlays are hereby
established:
1. RMF. Residential Multi-Family
2. RSM. Residential Suburban Medium Density
3. RSL. Residential Suburban Low Density
4. RR. Rural Residential
5. AL. Agricultural Limited
6. AR. Agricultural Residential
7. RL. Resource Limited
8. R. Resource
9. BC. Backcountry
10. FR. Fulford Historical
11. CL. Commercial Limited
12. CG. Commercial General
13. I. Industrial
14. RC. Rural Center
15. PUD. Planned Unit Development
Hi. Eagle Vail PUD. Eagle Vail Plannea Unit Development
17. FO Floodplain Overlay
SECTION 3-110.
OFFICIAL ZONE DISTRICT MAPS
A. Maps Established. The location and boundaries of the zone districts established by these Land Use
Regulations with the exception of the FO Zone District Maps are shown on the maps entitled "Eagle
County Official Zone District Maps". The Official Zone District Maps and all explanatory materials
contained thereon are hereby established and adopted as part of these Land Use Regulations,
incorporated into these Land Use Regulations by reference and made a part hereof. The Official Zone
District Maps shall be identified by signature of the Chainnan of the Board of County Commissioners
and bear the date of their adoption. The FO Zone District Maps are listed in Section 3-350 D. Official
Floodplain Maps. (am 01/04/05)
LAND USE REGULATIONS
Article 3, July 17, 2006
3-1
EAGLE COUNTY, COLORADO
AR77CLE 3: ZONE DiSTRICTS
3-]50. FLOODPLAiN OVERL4 Y ZONE DiSTRiCT
B. Efficient Land Use Patterns. Establish land use pattems that promote and expand opportunities for
public transportation and for efficient, compact networks of streets and utilities that lower
development and maintenance costs and conserve energy;
C. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural
hazard areas;
D. Maintain Water Quality. Maintain and enhance surface and ground water quality and quantity in
Eagle County;
E. Contribute to Trails System. Improve and enhance the County4S multi-use trail system and maintain
access to public lands and rivers;
F. Incentives for Affordable Housing. Establish incentives for applicants to assure that long term
affordable housing will be developed; and
G. Achieve Master Plan. Ensure that the purposes of the Eagle County Master Plan and these Land Use
Regulations are achieved; and
H. Air Quality. Maintain and enhance air quality in Eagle County; and
I. Wildlife. Protect and maintain critical wildlife habitat and migration corridors.
SECTION:3 2~9.
K\CLE V.\H... PUD
The Eagle Vail PUD is ee~sid€lfed a ~0flaFate ZOFlEl ais~et and a eopy 0fthEl Eagle. ~Tai~ P~ ~:i~:~e~~
attaehed heret0 as .^.p~eHdlK B, amllFleorpoFated herElUi by refereHeEl. The prO'/lSlOFl 0 h T
RegulatioFls snaIl Flot affeet the yalidity of the Eagle Vail PUD.
SECTION 3-250.
FLOODPLAIN OVERLAY ZONE DISTRICT (org. 01/04/05)
The purpose of the Floodplain Overlay (FO) zone district is to manage development while protecting
public safety in the floodplain. This is an overlay zone district and shall be applied as a supplemental
regulation on existing zoned areas containing flood hazard areas, including Planned Unit Development
zone district and the Eagle- Vail PUD zone district. The FO zone district is superimposed on the existing
zoning and all restrictions and requirements herein are in addition to those of the underlying zone district.
All land use review processes that apply to the underlying zone district shall remain in full force and
effect. In the case of overlapping or conflicting requirements, the most restrictive provision shall apply.
LAND USE REGULATIONS
Article 3, July i7. ]006
3-6
EAGLE COUNTY. COLORADO