HomeMy WebLinkAboutR08-005 Amending Land Use Regulations Landscaping Storage Yard0
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2008 - ®6
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS;
GENERAL AMENDMENT AFFECTING CHAPTER II, ARTICLES 2 AND 3
FILE NO. LUR-0075: LANDSCAPING STORAGE YARD
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 definitions 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
definitions 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 may be
affected by these changes; and
WHEREAS, at its public hearing held September 19a', 2007 the Eagle County Planning
Commission, based upon its findings, recommended approval, of the proposed amendment; and
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WHEREAS, at its public hearing held September 20~', 2007 the Roaring Fork Valley Regional
Planning Commission, based upon its findings, recommended denial, 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 October 30s', 2007 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.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.
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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:
TFIAT, 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, Hunt pro
tunc to the 30`" day of October, 2007.
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COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
~~
ATTEST: o~ ~FCQ
~z
-,
BY: # °~ B ~-
Teak J. Simonton ~~~p ~a Peter F. Runyon, Chair
Clerk to the Board of
County Commissioners BY:
Sar J. Fisher, Commissioner
B
. Menconi, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follow .
Commissioner Sara J. Fisher
Commissioner Peter F. Runyon
Commissioner Am M. Menconi ~
This Resolution passed by ~/(/ vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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APPENDIX A•
Attachment to LUR-0075 Landscaping Storage Yazd Regulation Amendment
In Article 2, Chapter II, Definitions, the following definitions are inserted:
LANDSCAPING STORAGE YARD means a parcel of land, or portion thereof, used for the
purpose(s) of storing landscaping materials, including plants, trees, masonry, dirt, mulch,
gravel and equipment necessary for the landscaping operation; as well as horticulture or
protection of plants within a greenhouse. Any motorized equipment or machinery is required
to be stored entirely within a garage, shed, or other enclosure. Onsite sales of materials are
not allowed.
HORTICULTURE means the growing or production for income of fruits, vegetables,
flowers and nursery stock including ornamental plants, trees and/or shrubs.
In Section 3-310, Article 3, Chapter II, Zone Districts, the following use Standards are
inserted for Landscaping Storage Yard:
1. Parking. A landscaping storage yazd shall demonstrate adequate parking for employees
working from the site. Employee parking shall be behind any structures on site and/or
effectively screened. One pazking space shall be required for each employee. Any
mechanical equipment, work vehicles, or machinery stored on the property would require
demonstrated storage space inside a garage, shed, or other enclosure.
2. Signs and Illumination. Signs, illumination, and other outdoor structures advertising the
business shall not be permitted.
3. Patrons. Patrons shall not be served on the premises.
4. Sales. Sales of supplies, services, or products shall not be permitted on the premises.
5. Nuisance. The landscaping storage yazd shall be in compliance with Noise and Vibration
5tandazds (Section 4-520); Smoke and Particulate Standazds (Section 4-530); Heat,
Glare, Radiation and Electrical Interference Standards (Section 4-540); Storage of
Hazazdous and Non-Hazazdous Materials Standards(Section 4-550) and Water Quality
Standards (Section 4-560); and shall not operate or generate vehicle traffic in such a
manner as to create a public nuisance or disturb neighbors. Hours of operation shall be
restricted to daylight only, and maybe further restricted if necessary.
6. Screening/fencing. A fencing and/or landscaping plan is required that demonstrates
adequate visual screening from adjacent properties, applicable view corridors, and/or
public roads and rights of way. In some cases wildlife fencing maybe required to
prevent deer and elk from causing damage to trees and/or plants on the property.
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.'
7. Scale. The use shall be in a scale that retains a rural character, is ancillary in nature (if a
dwelling unit exists on the property), and maximizes open space on the subject property.
8. Wildfire Hazard. In applicable wildfire hazard areas, building materials and storage of
plant and tree materials shall be in compliance with Section 4-430 Development in Areas
Subject to Wildfire Hazard Areas.
9. Access. Legal access shall be established for the operation pursuant to Section 4-620.9.
Where required, an access permit maybe necessary for the proposed operation. Road
Impact Fees may apply pursuant to Section 4-710.
10. Special Use Permit. The Special Use Permit shall be renewed every five years after its
issuance to demonstrate compliance with the standards listed above. The renewal shall
be approved by the Director of Community Development. If the special use permit is not
renewed appropriately or compliance with these and other applicable standards is not
clearly demonstrated, it will be terminated and such uses shall cease accordingly.
The following line item is included in Table 3-300 of Chapter II, Article 3 Zone Districts for
Landscapin Sg tora eg Yard:
FH RMF RSM RSL RR AL AR RL R RP BC
N N N N N N S S S S N
*The use would not be inserted into Table 3-320 Commercial and Industrial Zone District Use
Table since Contractor Storage is a listed line item in that table which would cover such
landscaping uses within it.
S =Special Use Review LR =Limited Review R =Use by Right N =Not allowed
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