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HomeMy WebLinkAboutR17-023 Community Development Temporary Review Process Mod - Commissioner 0 lug moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- 01/12 AUTHORIZING THE EXTENSION OF A TEMPORARY REGULATION MODIFYING THE DEVELOPMENT REVIEW PROCESS FOR A PERIOD NOT TO EXCEED SIX MONTHS DURING A TIME 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, 29 -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, Pursuant to Chapter 2, Article 5, Section 5 -2600, TEMPORARY REGULATIONS, of the Eagle County Land Use Regulations, during a subsequent public hearing held within this 30 day period,the Board may extend this Temporary Regulation for a period of time not to exceed 6 months; and WHEREAS, on April 11, 2017, the Board approved a Temporary Regulation, attached hereto as Exhibit `A', to allow Community Development staff to provide thorough and professional development review services and render interpretations of the Eagle County Land Use Regulations where appropriate; and WHEREAS, following approval of the Temporary Regulation, a 15 day public notice was provided in the Eagle Valley Enterprise, advertising a public hearing to discuss the matter requiring this Temporary Regulation; and WHEREAS, Since August 2016, Community Development staff has 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 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, the Board believes it is necessary to extend the duration of the Temporary Regulations, attached as Exhibit `A', for a period not to exceed 6 months from the date of the approval of this resolution to allow Community Development staff to continue to provide thorough and professional development review services and render interpretations of the Eagle County Land Use Regulations where appropriate while leadership positions in Community Development are filled; and NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the effective date of the Temporary Regulation attached as Exhibit A shall be extended for a period not to exceed 6 months from the date that the Board of County Commissioners approves this resolution; 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 May, 2017. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: . 4111111111Z IA By: ®� Clerk to the Board of `loan . Ryan County Commissioners ,/Chair Ihs-. per. ; , Ka y C i dler-Henry • Commissioner e e McQueeney ommissioner Commissioner WV—W.-L —i t_ Lt seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan if Commissioner Chandler-Henry 4.-ia ~. Commissioner McQueeney 14-4 This resolution passed by i d vote of the Board of County Commissioners of the County of Eagle, State of Colorado EXHIBIT A Full Text Version of Temporary Changes to Regulations Section 5-210. D.3. Determination of Sufficiency. Within 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.4. Post Referral Period Process. 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,the Planning Director or assign will schedule a meeting 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 fifteen (15)working days following receipt of the applicant's response,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)