Loading...
HomeMy WebLinkAboutR03-014 Amending Chapter II of the Eagle County Land Use Regulations Novemeber 1998 LUR-00044~ r ~~- 822119 01/30/2003 05:Z0P Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 Commissioner 1`I 1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2003- IN THE MATTER OF AMENDING CHAPTER II, ARTICLE 3, Table 3-320 of the EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER 1998 FILE NO. LUR-00044 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 seg., 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", pursuant to Resolution No.98-147; and WHEREAS, C.R.S. 30-28-133, and Section 1.15 and Chapter 2, Section 5-230 of the Eagle County Land Use Regulations, provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, Sonja Roeder ("Applicant") did file an application with the Eagle County Department of Community Development on or about 29 July 2002 to amend Table 3-320, Commercial and Industrial Zone Districts Use Schedule, of Chapter II of the Eagle County Land Use Regulations to permit kennels as a Use Allowed by Special Review in the Commercial General, (CG), Commercial Limited (CL), and Industrial (I) zone districts; and WHEREAS, the Eagle County Department of Community Development proposed to further amend Table 3-320, Commercial and Industrial Zone Districts Use Schedule, of Chapter II of the Eagle County Land Use Regulations to permit veterinary hospitals as a Use Allowed by Special Review in the Commercial General, (CG), Commercial Limited (CL), Industrial (I) and Rural Center (RC) zone districts; and • • Commissioner ~ ~ 1~ ~ ~ 1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-~~ IN THE MATTER OF AMENDING CHAPTER II, ARTICLE 3, Table 3-320 of the EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER 1998 FILE NO. LUR-00044 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 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", pursuant to Resolution No.98-147; and WHEREAS, C.R.5.30-28-133, and Section 1.15 and Chapter 2, Section 5-230 of the Eagle County Land Use Regulations, provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, Sonja Roeder ("Applicant") did file an application with the Eagle Count3~ Department of Community Development on or about 29 July 2002 to amend Table 3-320, Commercial and Industrial Zone Districts Use Schedule, of Chapter II of the Eagle County Land Use Regulations to permit kennels as a Use Allowed by Special Review in the Commercial General, (CG), Commercial Limited (CL), and Industrial (I) zone districts; and WHEREAS, the Eagle County Department of Community Development proposed to further amend Table 3-320, Commercial and Industrial Zone Districts Use Schedule, of Chapter II of the Eagle County Land Use Regulations to permit veterinary hospitals as a Use Allowed by Special Review in the Commercial General, (CG), Commercial Limited (CL), Industrial (I) and Rural Center (RC) zone districts; and • WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on 2 October 2002 and recommended approval of the proposed amendments to the Land Use Regulations, with a condition; and WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on 3 October 2002 and recommended approval of the proposed amendments to the Land Use Regulations; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on 29 October 2002 in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, having reviewed all of the evidence, testimony, statements and exhibits submitted at the public hearing, as well as the comments and recommendations of the Eagle County Planning Commission, the Roaring Fork Valley Regional Planning Commission, and the Eagle County Department of Community Development, and from all interested parties, the Board hereby determines that the proposed amendments to Table 3-320, Commercial and Industrial Zone Districts Use Schedule, of Chapter II of the Eagle County Land Use Regulations are necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado, finding as follows: 1. Pursuant to Chapter 1, Section 1.15.04 Referrals of the Eagle County Land Use Regulations: (a) The proposed amendments have been referred to the appropriate referral agencies for an advisory opinion. (b). The proposed amendments have been referred to the City Clerk of all incorporated municipalities for recommendation by the city or town planning commission or city council or town board, or agents designed by them. (c) The proposed amendments have been referred to the Division of Planing of the Department of Local Affairs for advice and recommendation. (d) The proposed amendments are not significant amendments to provisions of these Land Use Regulations relating to subdivision matters and therefore have not been referred to the Land Use Commission for comment 2. Pursuant to Chapter 1, Section 1.15.05 Public Hearing of the Eagle County Land Use Regulations: Public notice has been given pursuant to Section 1.15.05.(1), Section 1.15.05.(2) and Section 1.15.05.(3) of this Chapter. 2 • 3. Pursuant to Chapter 2, Section 5-230.B.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. 4. Pursuant to Chapter 2, Section 5-230.D. Standards of the Eagle County Land Use Regulations as applicable: (a) The proposed amendments are consistent with the purposes, goals, policies, and Future Land Use Map of the Eagle County Master Plan. (b) The proposed amendments do address a demonstrated community need. (c) The proposed amendments are in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONIlVIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Table 3-320, Commercial and Industrial Zone Districts Use Schedule, of Chapter II of the Eagle County Land Use Regulations, is hereby amended, effective 29 October 2002 to read as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, these amendments of Table 3-320, Commercial and Industrial Zone Districts Use Schedule, of Chapter II 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, 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, 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 co~rmed in all respects as of the date hereof. 3 • • THAT, this Resolution is necessary for the public health, safety, and welfare 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 ~ day of January, 2003, nunc pro tunc to the 29~' day of October 2002. ®4 ~~c c®~ COUNTY OF EAGLE, STATE OF COLORADO ~` ~ By and Through Its BOARD OF CO Y ATTEST: ~ ~ COMMISS O RS ~°®c®aa~® By: By: Teak J. monton Mic L. Gallagher, Ch ' Clerk to the Board of County Commissioners Arn M. Menconi. Commissioner Tom C. Stone, Commissioner Commissioner ~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi ti Commissioner Tom C. Stone This Resolution passed b. ,~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRIC"TS l1SE SCHEDULI'J Uses: K= Use By Kigtet L~Allowed by Lirrtited Revie~4°; S = Allowed by_Special Revier>~; N =Not Allowed C/L' C/C' P RC"` Standards Retail Uses, Restaurants, Personal Services and Offices Adult Entertainment Uses N S S S Sec. 3-330 H Agricultural Equipment, Supplies and Materials Store L R R L Appliance Sales R R N R Appliance Service or Repair L R N S Art Gallery R R N R Auto Service Station and Repair Garage3 S S R S Auto and Vehicle Parts Store R R N R Bank R R N R Barber or Beauty Shop R R N R Book, Music or Video Store R R N R Car Wash R R R L Clothing or Dry Goods Store R R N R Computer Sales Store R R N R Computer Service R R R R Drive-Through Facility S S N S Sec. 3-330 A Farmers Market R R S R Feed Store R R N R Food or Beverage Store or Bakery R R N R Furniture Store R R N R Garden Supply and Plant Materials Store/Greenhouse/Nursery R R R R Sec. 3-330 B Tree Storage R R R R Sec. 3-310 Aa Hardware Store R R N R Indoor Amusement, Recreation or Theater R R N R Kennel S S S S Laundromat R R N R Laun or D Cleaning Pick-U Station R R N R • TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by Limited Review; 5 =Allowed by 5peciai Review; V =Not Akhwed C/L' C/G' ' I' RC2 Standards Medical or Dental Clinic, including acupuncture R R N R Mortuary R R N R Office, Business or Professional R R N R Personal Adornment/Tattoo Parlor R R N R Pharmacy R R N R Photography Studio R R N R Print Shop or Publishing R R N R Private Club R R N R Reading Room R R N R Resort Recreational Facility N N N S Restaurant R R N R Shoe Repair R R N R Studio for Conduct of Arts and Crafts R R S R Sec. 3-330 C Tailor Shop R R N R Vehicle, Aircraft and Pleasure Boat Rental S S R S Sec. 3-330 D Vehicle, Aircraft and Pleasure Boat Sales, Storage, Service or Repair N S R N Veterinary Hospital S S S S Industrialr'Service-Eomraercial and WhoiesaleUses' Assembly, which does not include any fabrication of parts R R R R Auto Wrecking N N S N Commercial Laundry or Dry Cleaning Plant S R R N Compost Facility N N S N Construction and Demolition Debris Facility N S S S Contractor Storage Yard N S R S Distribution Center S S R S Extraction and Processing of gravel, minerals, rocks, sand or other earth roducts N N S N • TABLE 3-320 COvI1~1rRCIA.L AND INDUSTRIAL ZQNE DISTRICTS USE SCHEDULE Uses: R= Use 13y Right; L= Allowed'by Limited Review, S -Allowed by Special Review; N =Not Allowed C/L' C/G' 1' RCZ Standards Lumber Mill N N S N Lumber Yard N S R N Manufacture, Assembly or Preparation of Articles or Merchandise From Previously Prepazed Materials N S R N Sec. 3-330 E Manufacture, Compounding, Processing, Packaging or Treatment of Products N N L N Sec. 3-330 F Manufacture, use or storage of explosives N N S N Motor Freight Depot N S R N Planer Mill N N S N Plant for Processing Natural Resources and Agricultural Materials N SS S N Recycling Collection or Drop Off Center R R R R Recyclable Materials Processing S S S S Recycling Operation S S R S Reduction or Disposal by Sanitazy Landfill Method of waste materials, gazbage, offal or dead animals; or refuse disposal azea conducted under a landfill or sanitary landfill method N N S N Saw Mill N N S N Shop for Blacksmith, Cabinet Maker, Electrician Glazing, Machining, Plumbing, or Sheet Metal N S R N Telecommunication Facilities S S S S Transfer Station S S R S Truck Stop N S R S Warehouse or Storage Building, including mini-storage S L R N Wholesale Establishments, including sale of appliances, automotive and vehicular equipment, beverages, building materials, clothing, dry goods, feed, food, fuel, furniture, gazden supply and plant materials, hazdwaze and mobile homes S S R S Residential Uses,hiame Uses and Accommodations Day Care Center L S S L Sec. 3-310 D Day Care Home L L N L Sec. 3-310 D i • TABLE3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by LimifedReview; S =Allowed by 5pecialITewiew N = Nbt Allovt~ed C'IL' C/G' I' ~C~ standards Dwelling Units S S N S Sec. 3-330 G Hotel or Motel S S N S Mobile Home Park S S N S Sec. 3-310 Y Nursing or Convalescent Home S S N S Recreational Vehicle Park S N N S Sec. 3-310 Y ~b1icF'acilities,Utilities and'Institutional Uses Ambulance Facility R R R R Auditorium S N N S Church ~ S N N S Community or Public Administration Building S S N S Educational Facility S S N S Fraternal Lodge R R N R Heliport S S S S Helistop L R R L Hospital S S N S Impound Lot N S S N Library R R N R Museum R R N R Open space or Greenbelt R R R R Park and Outdoor Recreation/Recreation Facilities R R S R Parking Lot or Garage (as the principal use of the parcel) S S S S Recycling Collection Center R R R R Post Office/Private Postal Facility R R S R Transportation Services S S S S Utilities, including water storage and treatment and wastewater treatment facilities S S S S Utility Distribution Facilities R R R R Utili Substation S S S S r~ TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE uses: R- UseBy Right;,L= Allowed by Limited Review; CIL'~ C/G~ T' ~ RCi Standards S = Allowed by Special Review; N = Not Allowed Water Impoundments S S S S Temporary Uses Temporary Building or Use S S S S Sec. 3-310 W Notes: 1. Each allowed use shall not exceed 22,000 s.f. of floor area and shall only occur on a lot greater than one (1) acre in size. Any use by right that meets these standazds may only be developed on a lot that was part of a subdivision approved by Eagle County for which site specific information was provided regarding lot layout, street pattern, drainage, landscaping and utilities; otherwise, the use shall be considered a use allowed by special review. 2. Any use listed in Table 3-300 as a use by right in the Residential Suburban Medium Density (RSM) zone district shall be considered a use by right in the Rural Center (RC) zone district. Any use listed in Table 3-300 as a use allowed by special review in the Residential Suburban Medium Density (RSM) zone district shall be considered a us allowed by special review in the Rural Center (RC) zone district. 3. Auto service station may also include a car wash. 4. In addition to the standazds listed for particulaz uses, see also Article 4, Division 5, Commercial/Industrial Performance Standards. 5. Limited to processing of natural resources and agricultural materials for food and beverages or clothing.