HomeMy WebLinkAboutR08-004 Amending Land Use Regulations Renewable Energy AmendmentCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2008 -
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS;
GENERAL AMENDMENT AFFECTING CHAPTER II, ARTICLES 2 AND 3
FILE NO. LUR-0070: RENEWABLE ENERGY AMENDMENT
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, the Eagle County Land Use Regulations need periodic amendments to clarify
language; add new defimitions and/or information; and updates which correspond with Colorado State
Statutes; and
WHEREAS, several departments contributed to this amendment including the Attorney's Office,
Community Development, Engineering, and Environmental Health Department; the amendments affect
the following sections:
Chapter 2: Article 2; necessary in order to add new definitions to this section. The new
defimitions are related to the proposed amendments in the other Articles;
Chapter 2: Article 3; necessary in order to add new uses to Tables 3-300 Residential Use
Schedule;
Chapter 2: Article 3; necessary in order to add new use standards in Section 3-310 Review
Standards;
WHEREAS, the changes to aforementioned Sections are delineated specifically in the attachment
Appendix A; 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 maybe
affected by these changes; and
WHEREAS, at its public hearing held August 1, 2007 the Eagle County Planning Commission,
based upon its findings, recommended approval, of the proposed amendment; and
Page 1 of 8
WHEREAS, at its public hearing held July 19, 2007 the Roaring Fork Valley Regional Planning
Commission, based upon its fmdings, 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 September 11, 2007 to consider this amendment
and based upon its fmdings, 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.B.2., Text Amendment, of the Eagle County
Land Use Regulations:'
a. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04
Referrals, the proposed amendments HAVE been referred to the appropriate
agencies, including all towns within Eagle County, and to the Colorado Division
of Local Affairs;
b. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05
Public Notice, Public notice HAS been given;
c. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-
230.B.2 Text Amendment:
(1) The proposed amendments AMEND ONLY THE TEXT of the Eagle
County Land Use Regulations and DO NOT amend the Official Zone
District Map.
(2) Precise wording of the proposed changes HAS been provided (please see
attached)
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. Public Benefit. The proposal DOES address a demonstrated community need or
otherwise result in one or more particular public benefits that offset the impacts
of the proposed uses requested, including but not limited to: Affordable local
resident housing; childcare facilities; multi-modal transportation, public
recreational opportunities; infrastructure improvements; preservation of
agriculture/sensitive land.
Page 2 of 8
e. Change of Circumstances. The proposal DOES address or respond to a
beneficial material change that has occurred to the immediate neighborhood or to
the greater Eagle County community.
f. Adequate Infrastructure. There are no "properties" subject to this proposal; the
result of this amendment WILL NOT result in the need for new infrastructure.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Chapter II: Articles 2 and 3 of the Eagle County Land Use Regulations are amended by
manner 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.
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 , 2008, nunc pro
tunc to the 11~' day of September, 2007.
Page 3 of 8
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST: p~ ~FCo
z
BY: ~ ~ --
Teak J. Simonton #~ * Peter F. Runyon, Chair
Clerk to the Board of QtoaA'~
County Commissioners BY:
ara J. fisher, Commissioner
BY:
. Menconi, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll having been called,
the vote was as folio s:
Commissioner Peter F. Runyon
Commissioner Sara J. Fisher
Commissioner Arn M. Menconi ~
This Resolution passed by ~6 ~ vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 4 of 8
APPENDIX A:
Attachment to LUR-0070 Renewable Energy Regulation Amendment Resolution _
SOLAR ENERGY:
Solar Energy Device would be defined in Chanter II, Article 2 Definitions as:
A solar collector or other device or a structural design feature of a structure which provides for
the collection of sunlight and which comprises part of a system for the conversion of the sun's
radiant energy into thermal, chemical, mechanical, or electrical energy.
Article 3, Chapter II would include the following language:
1. Solar energy collection devices which are over 80 kilowatts in capacity would require
a special use permit.
2. Panels which are architecturally integrated are encouraged.
3. Pursuant to Colorado Revised Statute CRS 38-30-168, unreasonable covenant or
other restrictions on solar energy devices in Eagle County are not allowed:
38-30-168. Unreasonable restrictions on solar energy devices void.
(1) After May 25, 1979, any covenant, restriction, or condition contained in any deed,
contract, security instrument, or other instrument affecting the transfer or sale of, or any interest
in, real property solely on the basis of aesthetic considerations which effectively prohibits or
restricts the installation or use of a solar energy device, as defined in section 38-32.5-100.3, is
void and unenforceable.
The following line item is included in Table 3-300 of Chapter II, Article 3 Zone Districts for
Solar Energy Collection:
FH RM F RSM RSL RR AL AR RL R RP BC
R R R R R R R R R R S
CL CG I RC
~ R R R
S =Special Use Review LR =Limited Review R = Use by Right N =Not allowed
Page 5 of 8
SMALL HYDROELECTRIC ENERGY
Chapter II, Article 2 Definitions would define Small Hydroelectric Ener~y Device
as:
A hydroelectric generation device less than S00 kilowatts in rated capacity which relies on
natural surface water flows, does not use a dam, water storage, or other man-made
impoundment which impedes minimum stream flows for the purpose of electric energy
generation.
The following restrictions are proposed for Chapter II, Article 3 Zone Districts:
1. Hydroelectric projects over 500 kW in capacity would require a Special Use Permit.
2. Wheel turbines, generators, and other mechanical equipment shall be enclosed in a
wheelhouse/pumphouse structure. The structure shall be detached from other
structures and sized only to house necessary mechanical equipment for the
hydroelectric system. The wheelhouse and associated piping/penstock would be
allowed to be constructed within the 75' stream setback.
3. All system components, including the wheelhouse and pipe(s) shall be not create
visual or auditory impacts, or create impediments or other unnatural hazards upon
wildlife. The system shall be designed to blend with its natural surroundings.
4. Any construction must comply with noise and vibration standards pursuant to Section
4-520 in ECLUR; as well as any applicable building/mechanicaUelectrical code
requirements.
5. It shall be demonstrated by a certified riparian biologist or similar applicable
professional that aquatic and riparian biology will not be adversely impacted by the
system. Systems in place in fish bearing streams must have systems installed which
prevent fish from entering the system.
6. Must be in compliance with Federal Energy Regulation Commission 4.30(29) EPA
Regulations, Colorado Division of Water Resources, Army Corps of Engineers, and
other applicable standards.
7. Dams are not allowed for small hydroelectric systems. Partial diversion structures
such as weirs or head gates are allowed with proper permitting. Diversion from the
river/stream shall be designed so that minimum stream flows are not threatened in the
reach between the intake and return of the hydroelectric system.
Also, the stream setback language in Section 3-340.C.6 would be altered as follows in italics:
Page 6 of 8
6. Permissible Improvements or Activities. Certain improvements and or activities maybe
located within the stream setback as long as site disturbance is minimized to the greatest extent
practical, 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-use paths that are
part of the ,public trail system or that are to be dedicated as public trails through the development
review process; bridges that traverse the stream or a portion of the stream; fences; irrigation
diversion structures; headgates, pump houses, hydroelectric wheelhouses and piping, 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.
(orig. 07/17/06)
The following line item is included in Table 3-300 of Chapter II, Article 3 Zone Districts for
Small Hydroelectric Energy:
FH RMF RSM RSL RR AL AR RL R RP BC
R S S R R R R R R R N
CL CG I RC
S S S S
S =Special Use Review LR =Limited Review R = Use by Right N =Not allowed
WIND ENERGY:
A Small Scale Wind Turbine would be defined in Chapter II, Article 2 Definitions as: a device
whose primary purpose is harnessing wind energy with a maximum cumulative generation
capacity no larger than 20 kW.
The following restrictions are included as Standards in Section 3-310, Article 3, Chapter II which
must be successful demonstrated for special use review:
1. Maximum height of the tower structure not including blade radius shall not exceed 80'.
2. Setback: Minimum setback of tower base is 2 times tower height from any property line.
Minimum setback from any habitable structure on the property is combined height of the
tower and blade radius unless the base of the tower is attached or integral to the primary
residence.
3. Any construction must comply with ridgeline protection standards pursuant to Section 4-
450 in ECLUR; with noise and vibration standards pursuant to Section 4-520 in ECLUR;
as well as any applicable building/mechanicaUelectrical code requirements.
Page 7 of 8
4. Wind power equipment shall not be illuminated unless required by FAA, create glare,
and shall blend with the surrounding environment with integrated natural colors.
The following line item is included in Table 3-300 in Chapter II, Article 3 Zone Districts for
Small Scale Wind Ener~S, stems:
FH RMF RSM R5L RR AL AR RL R RP BC
S S L L R R R R R R N
CL CG I RC
S S R S
The following line item is included in Table 3-300 in Chapter II, Article 3 Zone Districts for
Large Scale Wind Ener~Systems (over 20 kWZ
FH RMF RSM RSL RR AL AR RL R RP BC
N N N N S S S S S S N
CL CG I RC
N N S N
S =Special Use Review LR =Limited Review R =Use by Right N =Not allowed
Page 8 of 8