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HomeMy WebLinkAboutR17-019 Temporary Modifications to Com Dev Development Review Process Commissioner 040-Q 1114. *LM moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- 61 a I AUTHORIZING THE ADOPTION OF A TEMPORARY REGULATION TO AUTHORIZE MODIFICATIONS TO THE DEVELOPMENT REVIEW PROCESS DURING PERIOD OF TRANSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Eagle County, Colorado (the "County") is a political subdivision of the State of Colorado (the "State "), duly organized and existing pursuant to the laws and the Constitution of the State; and WHEREAS, The Local Government Land Use Enabling Act, 23 -20 -101, et seq., C.R.S. ( "Land Use Act"), and the County Planning Code, 30 -28 -101 et seq., C.R.S. ("Planning Code") expressly delegate paramount authority to counties to implement land use regulations on unincorporated territory within their boundaries; and WHEREAS, Pursuant to Chapter 2, Article 5, Section 5 -2600; TEMPORARY REGULATIONS, of the Eagle County Land Use Regulations, the Board of County Commissioners ("the Board "),may promulgate,by resolution at a public meeting,regulations of a temporary nature to be effective for a limited period not to exceed 30 days (a "Temporary Regulation "); and WHEREAS, During this 30 day period, a 15 day public notice shall be given in the Eagle Valley Enterprise, advertising a public hearing to discuss the matter requiring this Temporary Regulation, and the Board may at such hearing extend the duration of the effectiveness of this Temporary Regulation for a period not to exceed 6 months; and WHEREAS, Since August 2016, Planning staff have worked on several process improvement initiatives to instill a more predictable and transparent development review process, and continue to identify efficiencies to better serve customers of Community Development; and 1 WHEREAS, Effective April 3, 2017, two leadership positions within Community Development will be vacant during, traditionally, the busiest period for the Community Development Department; and WHEREAS, Due to short-staffing and the ongoing motivation to provide more predictable and transparent processes, Community Development feels that these temporary regulations, attached as Exhibit `A', will allow staff to provide thorough and professional development review services and render interpretations of the Eagle County Land Use Regulations where appropriate; and NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, this Temporary Regulation, applicable to the unincorporated area of Eagle County described herein,be and is hereby approved; and THAT, this Temporary Regulation shall remain in effect for 30 days from the date that the Board of County Commissioners execute this resolution; and THAT, Pursuant to Chapter 2, Article 5, Section 5 -2600, TEMPORARY REGULATIONS, of the Eagle County Land Use Regulations, during a subsequent public hearing, the Board of County Commissioners may extend this Temporary Regulation for a period of time not to exceed 6 months; and THAT, the Board of County Commissioners hereby directs staff to provide a copy of this resolution to all prospective land use applicants during the duration of the Temporary Regulations. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 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 April, 2017. 2 COUNTY OF EAGLE, STATE OF ok z 006 COLORADO, By and Through Its y i BOARD OF COUNTY CO MISSIONERS ATTEST: • o �.c� r P O By. Al Z Clerk to the Board of 7791. Ry. • 1 County Commissioners or / 1 ',ti• �i` A /11 4I A - .4 ,_ Kat y Cha •ler-Henry iC mmisrOoner J nne McQueen mmissioner Commissioner v PLAZA.. _ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan ►44-�.. Commissioner Chandler-Henry " Commissioner McQueeney la--1. • This resolution passed by .5 /6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 EXHIBIT A Full Text Version of Temporary Changes to Regulations Section 5-21M D44,31: Determination of Sufficiency.Within ten (10)fifteen (15)working days of receipt of the application,the Planning Director or assign shall determine if the application is sufficient and includes data in adequate detail to evaluate the application to determine whether it complies with the appropriate substantive requirements of these Land Use Regulations. Final Plat, Amended Final Plat,and Minor Type B Subdivision applications shall not be subject to Section 5- 210.D.3.c. (am 05/01/07) (am. 12/16/08) Section 5-210.{D_344 . Post Referral Period Stakcholdcr Meet'ingProcess. a.Within ten (10)working days following completion of the referral period as delineated in Section 5-210.D.3.d, Referral Process,the Planning Director or assign will disclose any deficiencies. If the applicant requests a stakeholder meeting,if the referral response(s)disclose deficiencies,the Planning Director or assign will schedule a stakeheleiermeeting with the applicant including any other County staff and/or any other applicable agency representatives the Planning Director deems appropriate,to discuss all identified concerns of the Planning Department,as well as, each referral response received and the applicant's necessary course of action to adequately respond to and remedy all concerns, deficiencies and recommendations set forth in the referral responses received. (am 12/16/08) b. Within ninety(90)calendar days,the applicant shall respond to and/or remedy all concerns, deficiencies and recommendations set forth in the referral responses received and shall submit a thorough response to the Planning Director or assign. If the applicant fails to submit a thorough response within ninety(90)days and has not communicated a viable reason for delay to the Planning Director or assign,then the application shall be considered withdrawn and returned to the applicant. (am 12/16/08) c.Within ten(10)fifteen (15) working days following receipt of the applicant's responseL the Planning Director or assign and any other County staff and/or any other applicable agency representatives that provided referral responses shall review the resubmitted application materials and prepare written comments for the applicant clearly delineating what, if any,outstanding concerns,deficiencies and unsatisfied recommendations remain. (am 12/16/08)The written comments shall also clearly delineate which outstanding concerns,deficiencies and recommendations identified in the referral responses received have been acceptably addressed or resolved. (am 12/16/08) d.Within ninety(90)calendar days,the applicant shall respond to and/or remedy all concerns, deficiencies and unsatisfied recommendations remaining as set forth in the written comments provided and shall submit a thorough response to the Planning Director or assign. If the applicant fails to submit a thorough response within ninety(90)days and has not communicated a viable reason for delay to the Planning Director or assign,then the application shall be considered withdrawn and returned to the applicant. (am 12/16/08) e.Steps'c'and 'd' above shall be repeated until such time that all of the initially provided referral responses have been addressed or resolved to the satisfaction of the Planning Director or assign. (am 12/16/08) f. Once all outstanding concerns, deficiencies and recommendations identified in the referral responses received have been acceptably addressed and/or resolved,the application shall be scheduled for the next available public hearing for which proper notice of public hearings can be achieved as delineated in Section 5-210.E, Notice of Public Hearings. (am 12/16/08) g. In the event that the Planning Director and the applicant are not able to resolve deficiencies as delineated in Section 5-210.D.4.a.,above, regarding acceptable resolution of Planning Department concerns and the referral responses received then the applicant may request, in writing,that the application be scheduled for the next available public hearing.The applicant shall have the right to request, in writing,that the application be scheduled for the next available public hearing for which proper notice of public hearings can be achieved as delineated in Section 5-210.E, Notice of Public Hearings at any point in the process following the initial stakeholder meeting as delineated in Section 5-210.D.4.a., above. (am 12/16/08) If an applicant requests, in writing,that the application be scheduled for the next available hearing prior to resolution of the referral responses received to the satisfaction of the Planning Director, it is understood by the applicant that the Staff Report shall describe, in detail, all outstanding deficiencies and whether the application complies with all appropriate standards of these Land Use Regulations.The Staff Report shall also recommend any changes in the development and/or conditions for approval necessary to bring the development into compliance with the appropriate review standards, or disapproval.Conditions for approval, if necessary,are intended to eliminate any areas of noncompliance or mitigate any adverse effects of the proposed development. (am 12/16/08) h. Upon the scheduling of public hearing dates,or at the submission of the written request as delineated in Section 5-210.D.4.g above, no new additional or altered information may be submitted by the applicant. (orig. 12/16/08) Section 5 220 INTERPRETATION S adoption, Regulations,the Planning Director shall consider the following: 1. Public Purpose. Before any interpretation is made,the purposes for which the regulation was initially adopted by the County Commissioners shall be identified. carefully designed by the County to avoid regulations that either sacrifice legitimate goals,objectives and policies of the Comprehensive Plan or the FLUM of the Comprehensive Plan. Great care has been taken to both balance the rights of be substituted for the legislative intent of the Board of County Commissioners. C. Procedure. 1. Initiation. An interpretation may be requested by any landowner or citizen in the unincorporated County, or any person that has submitted a development application to the County pursuant to the procedures and standards of these Regulations. Director. Request for Interpretation,the Planning Director shall evaluate the request in light of Request for Interpretation. D. Record. The Planning Director shall maintain a record of all interpretations rendered. This record shall be available for public inspection in the Planning Department, upon reasonable request, during normal business hours.