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Home My WebLink AboutR92-003 amending LUR's to provide for amendment of final platsLi co ✓ 466569 B-570 P-450 01 , , " 1 3, 1 92 10:17 PG I OF 6 REC DOC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0_00 0 00 I Commissioner t"i-e- / ek moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS 0 COUNTY OF EAGLE, STATE OF COLORADO 0 0 RESOLUTION NO. 91-03 IN RE THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, 1982, AS AMENDED, TO PROVIDE FOR THE AMENDMENT OF FINAL PLATS WHEREAS, the Board of County Commissioners of the County 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 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" (hereinafter the "L.U.R." }, pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-116 and Section 1.16 of the L.U.R. provide that from time to time the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, C.R.S. 30-28-133, C.R.S. and Section 1.16 of the L.U.R. provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, the Eagle County Department of Community Development initiated proposed amendments to Chapter II of the L.U.R. to provide a process for amending final plats, and referred said proposed amendments to the Planning Commissions and to the Board for their review and comment; and WHEREAS, after public notice published in the Eagle Valley Enterprise, the Eagle and Colorado Valley Planning C6Fimsion an2[ Roaring Fork valley Planning Commission held public hearings on November 6, and November 7, respectively, 1991, to consider comments and to make recommendations to the Board on the proposed amendments; and C WHEREAS, after public notice of a public meeting also duly published, the Board held a public hearing on November 19, 1991, to consider comments and the respective Planning Commissions' recommendations on such proposed amendments; 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 Department of Community Development and the respective Planning Commissions, together with the various studies and land use plans of the County including the Eagle County Master Plan, the Board hereby determines that the proposed amendments to Chapter II of the L.U.R. are necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD • COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II of the Eagle County Land Use Regulations is hereby amended, effective November 19, 1991, to provide a process for amending final plats, as described in Exhibit A attached hereto and incorporated herein by this reference. THAT, this amendment of Chapter II of the L.U.R. 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 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, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. -2- 466569 B-570 P-450 01/13/92- 10 :17 PG 2 OF 6 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting Leld the day of January, 1992, nunc pro tuns November 19, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMI -as Scierx to the Board o County Commissioners 3z Com i6�er Commissioner .47 seconded adoption of the foregoing resolutio7n - T h e roll aving been called, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by ,41 vote o f the Board of County Commissioners of the Count O state of Colorado. #82-214 I - 3- 466569 B-570 P-450 01113/92 10. PG 3 OF 6 C� 2.19.04 AMENDED FINAL PLAT 2.19.05 GENERAL REQUIREMENTS This Amended Final Plat process may be used only in the following instances: 1) The proposed Amended Final Plat is part of a previously approved Final Plat. 2) The proposed amendment to the Final Plat is not inconsistent with the intent of the Final Plat. 3) The proposed amendment to the Final Plat does not adversely effect adjacent property owners. 4) The proposed amendment to the Final Plat does not create any additional lots or units. 2.19.06 AMENDED FINAL PLAT APPLICATION 1) Five (5) copies of the following shall be submitted to the Department of Community development: a) A properly executed application form; b) Paper copies of the Amended Final Plat graphic in conformance with Section 2.19; c) The required application fee; d) And any supplemental information. 2) The supplemental information shall include the following, if deemed appropriate by the Zoning Administrator: a) Demonstration that the land represented on the proposed map is properly zoned for the proposed use. b) Demonstration that all lots on the proposed map abut a street or road which is physically accessible, or capable of being physically =.- accessible from the public street by conventional vehicle; c) Satisfactory evidence has been furnished to the existence of an adequate and dependable water supply for each lot; d) Satisfactory evidence has been furnished to the existence of a septic tank disposal site, or other lawful means of disposing of human wastes, which complies with all applicable public health laws for each proposed lot; e) Satisfactory evidence demonstrating that the geology, soil, topography, drainage, fire 466569 R -570 P--450 01,113,, "92 1 0. -17 PG 4 OF 6 protection and other site conditions will not create any hazards and that all lots will contain safe, adequate building sites; f) An improvements agreement, off -site road improvements agreement or other agreement required by the Board of County Commissioners pursuant to Section 2.20 of these Regulations shall be executed and submitted to the Board of County Commissioners; g) Three (3) copies of all the protective covenants, declarations, party wall agreements or other restrictions placed on the subdivision, one copy of which shall be filed for recording in the office of the Clerk and Recorder at the time of recording the Final Plat; h) The identity of the applicant and a clear statement of the nature of the proposed amendment and the reasons in support of such change; i) The applicant shall also submit a list, including mailing addresses, of all present property owners of public record within 250 feet of the outer boundary of the subject property. j) A plat note explaining the purpose of the Amended Final Plat. 3) The department shall refer this information to the County Engineer, County Environmental Health Officer, the County Attorney and any other agency deemed appropriate for review and comment. 4) The Zoning Administrator of the Department of Community Development shall review the Amended Final Plat; the Board of County Commissioners shall take final action on the application. 2.19.08 REVIEW OF AMENDED FINAL PLATS 1) The following shall be considered in the review of the Amended Final Plat: a) Review of the Amended Final Plat to determine if the proposed amendment adversely effects adjacent property owners. b) Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat; c) Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d) Adequacy of the proposed improvements agreements and /or off -site road improvements agreement when applicable, in accordance with Section 2.20; 466569 B -570 P-450 01113,1'92 10--17 PG 5 OF 6 i e) If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: 1) That the area for which the amendment is �0 requested has changed or is changing to such C a degree that it is in the public interest to encourage a new use or density in the area; or 2) That the proposed amendment is necessary in order to provide land for a demonstrated community need. 2) For submittal dates, review procedures, fees and recording criteria, see Section 2.25. B. PROPOSED PLAT NOTE RESTRICTIONS 2.07.12 PLAT NOTE RESTRICTIONS 1) A note on a plat designating specific uses on a lot or lots shall further restrict the use of that lot or lots, not withstanding further subdivision and subsequent filing of a new plat unless the note restricting the use is released. 2) Plat notes restricting use of a lot or lots may be deleted upon successful completion of the Amended Plat process. 466569 R -570 F -450 01,113,192 10:17 PG 6 OF 6 3 N N N m� G ' a o m f 0 a 3 Q O O �3 m O \N c SE F ; O a a m � m g 3 m N O » m n o y c e o � s N O � f ro g N N m m c 0 O a 7 a m » c m v n d . ° n � m m » f m N m m N CL m � v m N � m m £ C O N ^ m ' m S a S � N ' — C m m m m m O n O m CL �• L N 3 m � a y m :0 > ' CL M c f m Y m o m a =c n 0 CL CL > >m2 ' y Re O� F � m � m y mmaro" m- m y m n=2 m M n N O m Z' u g xx — °'O _ O _ C — ,O y u m ' a m =rzN =mO— m F3 ° --o'� 3ymo�s:. m'O — mm�7 m yy7? to = o 0 O m CL. 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AEI 2 _ �n m a -nO mo -c m o v 3 m s t T O ' � 9 - II D� nD 'a�cm Dam a ° <CL m m f ao� g°0 mc S"va �° sm»e"'v na -o m� vmo -good rts�' ,o � cvm3m^mn�ammm3�maam 5 m�a c 3 ^ » m°3 . 2 n °� gc y <mm <�oo mo nxamm =o mm a E3om� ° ° ®� » °� �=° O"m"m�a�r� momm m ° 3m£ omnF nm£m>`� MO o3m 00 M 0 amO'Otmo ; O o oa3mmoP!m >om 3;mm m° m o ®me »� o3m 'o °m» M 7 m . 3 >• m m 3 S •� m 7 �. owm m� om°cm m moo mmm omm 3m�nmm m0 m ooh Eco. o £Emmv_ O +D +w £— Z mmm mg oo�v c vmm m` m m ° -33 3Em 3 v o mmm m m�c f 0 mD � < ®�m� _m c vmm {0 ? m m C? 0 m 9 y m a 9 3 ''" 0 ? m m m m S 0 ° m G m n mmv ° o Nn !°no? n m?mn' ^'4a m? = m -° m v m 4 u � -. mo' i i C FILE #: LUR- 002 -91 TITLE: Amendments or additions to Sec. 2.19.04, Amended Final Plat, and Sec. 2.07.12, Plat Note Restrictions. STAFF Tom Allender DATE: November 19, 1991 HEARING DATES: E.V.P.C. November 6, 1991 R.F.P.C. November 7, 1991 B.O.C.C. November 19, 1991 I. BACKGROUND Currently the Eagle County Land Use Regulations ( ECLUR) do not provide a mechanism or process for amending final plats. It is the purpose of these proposed changes to the ECLUR to provide that process. In addition, there is a need to clarify the use and enforceability of plat notes that restrict uses, and a method or process for amending or removing plat notes. II. PROPOSED ADDITIONS A. PROPOSED AMENDED FINAL PLAT PROCESS 2.19.04 AMENDED FINAL PLAT 2.19.05 GENERAL REQUIREMENTS This Amended Final Plat process may be used only in the following instances: 1) The proposed Amended Final Plat is part of a previously approved Final Plat. 2) The proposed amendment to the Final Plat is not inconsistent with the intent of the Final Plat. 3) The proposed amendment to the Final Plat does not adversely effect adjacent property owners. 4) The proposed amendment to the Final Plat does not create any additional lots or units. 2.19.06 AMENDED FINAL PLAT APPLICATION 1) Five (5) copies of the following shall be submitted to the Department of Community development: a) A properly executed application form; b) Paper copies of the Amended Final Plat graphic in conformance with Section 2.19; c� . LUR- 002 -91 c) The required application fee; d) And any supplemental information. 2) The supplemental information shall include the following, if deemed appropriate by the Zoning Administrator: a) Demonstration that the land represented on the proposed map is properly zoned for the proposed use. b) Demonstration that all lots on the proposed map abut a street or road which is physically accessible, or capable of being physically accessible from the public street by conventional vehicle; c) Satisfactory evidence has been furnished to the existence of an adequate and dependable water supply for each lot; d) Satisfactory evidence has been furnished to the existence of a septic tank disposal site, or other lawful means of disposing of human wastes, which complies with all applicable public health laws for each proposed lot; e) Satisfactory evidence demonstrating that the geology, soil, topography, drainage, fire protection and other site conditions will not create any hazards and that all lots will contain safe, adequate building sites; f) An improvements agreement, off -site road improvements agreement or other agreement required by the Board of County Commissioners pursuant to Section 2.20 of these Regulations shall be executed and submitted to the Board of County Commissioners; g) Three (3) copies of all the protective covenants, declarations, party wall agreements or other restrictions placed on the subdivision, one copy of which shall be filed for recording in the office of the Clerk and Recorder at the time of recording the Final Plat; h) The identity of the applicant and a clear statement of the nature of the proposed amendment and the reasons in support of such change; i) The applicant shall also submit a list, including mailing addresses, of all present property owners of public record within 250 feet of the outer boundary of the subject property. j) A plat note explaining the purpose of the Amended Final Plat. 2 r�r LUR- 002 -91 3) The department shall refer this information to the County Engineer, County Environmental Health Officer, the County Attorney and any other agency deemed appropriate for review and comment. 4) The Zoning Administrator of the Department of Community Development shall review the Amended Final Plat; the Board of County Commissioners shall take final action on the application. 2.19.08 REVIEW OF AMENDED FINAL PLATS 1) The following shall be considered in the review of the Amended Final Plat: a) Review of the Amended Final Plat to determine if the proposed amendment adversely effects adjacent property owners. b) Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat; c) Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d) Adequacy of the proposed improvements agreements and /or off -site road improvements agreement when applicable, in accordance with Section 2.20; e) If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: 1) That the area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or 2) That the proposed amendment is necessary in order to provide land for a demonstrated community need. 2) For submittal dates, review procedures, fees and recording criteria, see Section 2.25. 3 LUR- 002 -91 B. PROPOSED PLAT NOTE RESTRICTIONS 2.07.12 PLAT NOTE RESTRICTIONS 1) A note on a plat designating specific uses on a lot lots shall further restrict the use of that lot or lots, not withstanding further subdivision and subsequent filing of a new plat unless the note restricting the use is released. 2) Plat notes restricting use of a lot or lots may be deleted upon successful completion of the Amended Plat process. III.REFERRALS Referral were sent out to: Town of Vail; Town of Avon; Town of Minturn; Town of Basalt; Eagle County Home Builder's Association. No comments were received. IV. STAFF FINDINGS 1. The proposed amendments are in conformance with the policies and regulations of the Eagle Co. Land Use Regulations, and the Eagle County Master plan. 2. Proper notification through public notice has been given. 3. The proposed amendments were referred to the appropriate referral agencies for comment. V. EAGLE VALLEY PLANNING COMMISSION RECOMMENDATION Approval with the following changes: 1. Change the wording of 2.19.05 (4) from "... the Final Plat does not create a new lot or lots." to "... the Final Plat does not create an additional lot or lots." 2. Change the wording of 2.19.01 (2) from "The supplemental information shall include the following:" to "The supplemental information shall include the following, if deemed appropriate by the Zoning administrator." 4 .e LUR- 002 -91 VI. ROARING FORK VALLEY PLANNING COMMISSION Approval with the following change: 1. Change the wording of 21.1905 (4) from "...the Final Plat does not create an additional lot or lots." to "...the final plat does not create any additional lots or units." These changes suggested by the two Planning Commissions have been included in this draft of these proposed changes to the Eagle County Land Use Regulations. VII. STAFF RECOMMENDATIONS: Approval 5