HomeMy WebLinkAboutR97-091 amending LUR's 2.17.02, 2.18.02, 2.25.01 and 2.25.043
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 - q/
IN RE THE MATTER OF AMENDING THE
EAGLE COUNTY LAND USE REGULATIONS, 1982 AS AMENDED
Sections 2.17.02, 2.18.02, 2.25.01, and 2.25.04
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 Sections 30 -28 -101, et. seq., C.R.S., 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
WHEREAS, Section 30 -28 -133, C.R.S., and Section 1.15 of the
L.U.R. provides for the adoption and amendment of the subdivision
regulations by the Board; and
WHEREAS, the Eagle County Department of Community Develop-
ment initiated proposed amendments to the following sections of
the L.U.R.:
Section 2.17.02 Sketch Plan Review
Section 2.18.02 Preliminary Plan Review
Section 2.25.01 Review Procedures and Fees
Section 2.25.04 Schedule of Fees
(hereinafter referred to as the "Proposed Amendments "); and
WHEREAS, the Proposed Amendments constitute implementation
of recent amendments to state statues and in addition, reflect
the Board's policies and direction; and
WHEREAS, in accordance with Section 1.15.04(1) of the L.U.R.
the Proposed Amendments were sent out to referral agencies, as
well as the to the planning commission and to the Board for their
review and comment; and
WHEREAS, after public notice in the Eagle Valley Enter
the Eagle Valley Planning Commission held a public hearing on
July 2, 1997 to consider comments and to make a recommendation to
the Board on the Proposed Amendments; and
WHEREAS, after public notice of a public meeting published
in the Eagle Valley Enterprise the Eagle County Board of County
Commissioners held a public hearing on July 14, 1997, to consider
comments and the Planning Commissions' recommendations on such
Proposed Amendments; and
WHEREAS, having reviewed all of the evidence, testimony, and
statements submitted at the public hearing, as well as the com-
ments and recommendations of the Eagle County Department of
Community Development and the Planning Commission, the Board
hereby determines that the Proposed Amendments to 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 OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Section 2.17.02 of the Eagle County Land Use Regula-
tions is hereby amended as set forth on Exhibit "A ", attached
hereto and incorporated herein by this reference, to correspond
with recent amendments to §30- 28- 136(2), C.R.S., to change the
comment time for referral agencies from 35 days to 21 days.
THAT, Section 2.18.02 of the Eagle County Land Use Regula-
tions is hereby amended as set forth on Exhibit "B ", attached
hereto and incorporated herein by this reference, to correspond
with recent amendments to §30- 28- 136(2), C.R.S. to change the
comment time for referral agencies from 35 days to 21 days.
THAT, Section 2.25.01 of the Eagle County Land Use Regula-
tions is hereby amended as set forth on Exhibit "C ", attached
hereto and incorporated herein by this reference, to correspond
with recent amendments to §30 -28- 133.5, C.R.S., and to provide
for a procedure to "post" property with information concerning
land use applications pending before the Planning Commission and
the Board.
THAT, Section 2.25.04 of the Eagle County Land Use Regula-
tions is hereby amended as set forth on Exhibit "D ", attached
hereto and incorporated herein by this reference, to revise the
recording fee associated with final plats.
THAT, these Proposed Amendments will take effect upon the
adoption of this resolution except for Section 2.25.01(5)(the
posting requirement) which shall become effective September 1,
1997.
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 the attached Exhibits, 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, the board hereby finds, determines and declares that
this Resolution is necessary for the public health, safety and
welfare of the residents of the County of Eagle, State of
Colorado.
j
MOVED, READ AND ADOPTED by
of the County of Eagle, State of
held the /�� day of July,
ATTEST:
to the Board of
County Commissioners
a6'o0M 1t__
James E. Johnson, Jr.,
Commissioner
George 4. Gates, `
Commissioner
Commissioner �f��/�� seconded adoption of the fore-
going resolution. The roll having been called, the vote was as
follows:
Commissioner Phillips
Commissioner Johnson
Commissioner Gates
This Resolution passed by c L vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
the Board of
Colorado, at
1997.
i
County Commissioners
its regular meeting
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
F y
By yJohn P
Phillips, hairman
mta \c- dev \lurs \adminreg.adp
2.17.02 SKETCH PLAN REVIEW
1) The Department shall transmit prints of the Sketch
Plan and supporting information to the following
agencies for their review and appropriate comments and
recommendations:
a) To each county or municipality within a 3 mile
radius of any portion of the proposed
subdivision;
b) To the appropriate school districts;
c) To any utility, local improvement and service
district or ditch company, when applicable;
d) To the Soil Conservation District Board or Boards
within the County; to make findings and
recommendations regarding soil
suitability and characteristics, floodwater
problems, watershed protection and conservation
practices in the area affected by the proposed
subdivision;
e) To the Colorado Department of Highways when the
proposed subdivision is adjacent to or in
significant proximity to affect a right -of -way,
interchange or other facility;
f) To the Colorado Division of Wildlife to make
findings and recommendations pertaining to
important habitat or migration routes of wildlife
species which may be affected by the proposed
subdivision;
g) To the Colorado Water Conservation Board to make
findings and recommendation pertaining to flood
hazards that might affect the area of the
proposed subdivision;
h) To the Colorado State Forest Service to make
findings and recommendations, including wildfire
hazards, fire protection, vegetation and erosion
pertaining to the area affected by the proposed
subdivision;
2) To the Colorado Geological Survey to make
findings and recommendations pertaining to
geologic factors, including geologic hazards,
mineralized areas, sand and gravel areas which
EXHIBIT would have a significant impact on the proposed
A use of the land;
j) To the County, District, Regional or State
Department of Public Health and Environment for
their review of the on -lot sewage disposal
reports, for review of the adequacy of existing
or proposed sewage treatment facilities to handle
the estimated effluent and for a report on the
water quality of the proposed water supply to
serve the subdivision;
k) To the State Engineer for compliance with Section
30 -28 -136, C.R.S., 1973, as amended, including
opinions regarding material injury
to decreed water rights; historic use of and
estimated water yields to supply the proposed
development and conditions associated with said
water supply evidence. The State Engineer shall
consider the cumulative effect of on -lot wells on
water rights and existing wells;
1) To the County Surveyor, who shall compare the
legal description of the subject property with
the County records to ensure that the property
described contains all contiguous single
ownership and does not create a new or remaining
unrecognized parcel of less than thirty -five (35)
acres in size;
M) To the County Engineer;
n) To public land managing agencies to consider
access to the public lands or facilities and any
other effects thereto by the proposed
subdivision;
o) To any other agency, as determined by the
Planning Department, concerned with a matter or
area of state or local interest which would be
affected by the subdivision.
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2) The agencies referred to in the preceding section
shall make recommendations within 21 days after the
mailing by the County or its authorized representative
of such plans unless a necessary extension of not more
than 30 days has been consented to by the subdivider
and the County Commissioners. The failure of any
agency to respond within 21 days or within the period
of an extension shall, for the purpose of the hearing
on the plan, be deemed an approval of such plan;
except that, where such plan involves 20 or more
dwelling units, a school district shall be required to
submit within said time limit specific recommendations
with respect to the adequacy of school sites and the
adequacy of school structures.
3) The Planning Commission shall review the Sketch Plan
and make recommendations to the County Commissioners.
The County Commissioners shall take action on the
Sketch Plan. The Planning Commission and the County
Commissioners shall consider the following in their
review of the Sketch Plan Application:
a) Conformance with the Master Plan, policies,
guidelines, zoning and other applicable
regulations;
b) Suitability of the land for subdivision;
c) Comments and recommendations from the agencies
listed in Section 2.17.02(1) above;
d) Evidence that the parcel of land proposed for
subdivision has access to the state highway
system capable of servicing the development.
4) For Submittal Dates, Review Procedures and Fees, see
Section 2.25.
2.18.02 PRELIMINARY PLAN REVIEW
1) The Department of Community Development shall transmit
prints of the Preliminary Plan for comments and
recommendations to the same agencies itemized in
Section 2.17.02(1).
2) The agencies referred to in Section 2.17.02(1) shall
make recommendations within 21 days after the mailing
by the County or its authorized representative of such
plans unless a necessary extension of not more than 30
days has been consented to by the subdivider and the
County Commissioners. The failure of any agency to
respond within 21 days or within the period of an
extension shall, for the purpose of the hearing on the
plan, be deemed an approval of such plan; except that,
where such plan involves twenty (20) or more dwelling
units, a school district shall be required to submit
within said time limit specific recommendations with
respect to the adequacy of school sites and the
adequacy of school structures.
3) The Planning Commission shall review the Preliminary
Plan and make recommendations to the County
Commissioners. The County Commissioners shall take
final action on the Preliminary Plan. The Planning
Commission and County Commissioners shall consider the
following in their review of a Preliminary Plan:
a) Conformance to the Sketch Plan and any
information requested or required by the County
Commissioners upon approving the Sketch Plan.
b) Review of the Preliminary Plan to determine
whether the proposed subdivision conforms to
these and other applicable regulations, policies
and guidelines.
c) Review of reports on file and others as available
pertaining to geologic, soils, wildfire, flood
and airport hazards, mineral resource areas and
significant wildlife areas and shall consider the
guidelines and recommendations as prepared by the
appropriate agency, to mitigate hazards and to
protect resources.
4) For Submittal Dates, Review Procedures and Fees, see
Section 2.25.
2.25 SUBMITTAL DATES, REVIEW PROCEDURES AND FEES
2.25.01 PROCEDURES AND GENERAL REQUIREMENTS
1) For each application heard by the Planning Commission, the
Planning Commission shall forward one of the following
recommendations to the Board of County Commissioners or they
may table an application for a maximum of 40 days to receive
additional information. No public hearing shall continue
for more than 40 days from the date of commencement without
the written consent of the applicant:
a) Approve the application as submitted or with certain
conditions as stated;
b) Deny the application with all reasons clearly stated.
2) For each application heard by the Board of County
Commissioners or the Zoning Board of Adjustment, the Board
shall take one of the following actions or they may table an
application for a maximum of 40 days to receive additional
information. No public hearing shall continue for more than
40 days from the date of commencement without the written
consent of the applicant:
a) Approve the application as submitted or with certain
conditions as stated;
3)
b) Deny the application with all reasons clearly stated.
A Public Hearing shall be required for the following types
of applications:
a) Zone District Amendment;
b) Special Use;
c) P.U.D. District;
d) Zoning Variance.
When a Public Hearing is required, one public notice shall
be placed in a newspaper of general circulation in the
County at least 10 days prior to the Planning Commission
meeting and at least 30 days prior to the Board of County
Commissioners or Zoning Board of Adjustments meeting
stating the nature of the proposed change, use, or variance
and the date, time, and place of the hearing. Said notice
shall set the date of both the Planning Commission and
County Commissioner's or Zoning Board of Adjustment's
hearing with the requirement that a new public notice be
published at least 15 days prior to the Board of County
Commissioners' or the Zoning Board of Adjustments's meeting
in the event that an application is tabled by the Planning
Commission.
4) Notice of the date and time of the hearing of the Planning
Commission for the following types of applications shall be
sent to the subdivider, the owners of subsurface mineral
interests in the proposed land to be subdivided and their
lessees, if any, the record owners of land contiguous to the
subdivision and any other party which has requested in
writing to be notified of such proceedings, at least five
(5) days prior to the date set for such hearings:
a) Zone District Amendment;
b) Special Use;
c) P.U.D. District;
d) Zoning Variance;
e) Subdivision, Sketch;
f) Subdivision, Preliminary.
5) All lands subject to the following types of applications:
a) Zone District Amendment;
b) Special Use;
C) P.U.D. District;
d) Zoning Variance;
e) Subdivision, Sketch;
f) Subdivision, Preliminary.
shall be posted with a sign(s) (furnished by the Planning
Division) at least fifteen (15) calendar days in advance of
the public hearing.
b) The sign(s) shall be setback no more than twenty -five
(25') feet from the street, and shall be erected in
full view of the public on each street side of the
land subject to the application. Where the land does
not have frontage on a public or private street, the
sign(s) shall be erected on the nearest street right -
of -way with an attached notation indicating generally
the direction and distance to the land subject to the
application.
d) The materials to which the sign(s) is affixed shall be
sturdy and the sign(s) shall be waterproof or shall
have a waterproof covering.
e) The posting of such sign(s) will be the responsibility
of the applicant.
f) Prior to the public hearing, the applicant will
provide a sworn certification that such notice was
posted on the subject property in accordance with
these guidelines, and that the property has remained
so posted for the 15 days prior to the public hearing.
g)
The
sign(s) shall be removed, by the applicant, after
a decision is rendered on the application.
2.25.02
TYPES OF
APPLICATIONS (am. 5/31/94), (am. 10/31/95)
1)
Type
I:
Camper Park;
Mobile Home Park;
P.U.D. District;
Special Use;
Subdivision, Sketch;
Subdivision, Preliminary;
Zone District Amendment.
2)
Type
III:
Zoning Variance
3)
Type
IV:
Minor Subdivision
Amended Final Plat
Temporary Housing
Exemption (am. 11/9/93)
Final Plat (am. 10/31/95)
2.25.04 SCHEDULE OF FEES (am. 11/9/93)
1) Special Use Permi
Major (Any application requiring an $1,000.00
Environmental Impact Report,
see Section 2.10)
M inor (Any application not requiring $ 550.00
an E.I.R., see Section 2.10)
2) Zone District Am ndm nt
Major (Greater than 20 units, Commercial, $ 800.00
Industrial)
Minor (20 units or less) $ 400.00
3) Subdivision
Sketch/Preliminary
Plan (Greater than
$1,000.00
20 units) Plus $20.00 /unit.
Sketch
/Preliminary Plan (20 units
$
500.00
or less) Plus $20.00 /unit.
Final Pla - Plus $75.00 /unit.
$
500.00
Amended
Final Plat
$
550.00
Minor
Subdivision
Type A
$
625.00
Type B:
$
625.00
4) Planned Unit Development
(PUD)
Major
- Sketch /Preliminary Plan (Greater
$1,000.00
than 20 units) Plus $20.00 /unit
and /or 1,000 sq. ft. of commercial
space.
Minor
- Sketch /Preliminary Plan (20 units
$
600.00
or less) Plus $20.00 /unit and /or
1,000 sq. ft. of commercial space.
Final
- Plus $75.00 /unit
$
500.00
EXHIBIT
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For Final Plats, the applicant will be responsible for paying any plat check
fees that are in excess of 25%- of the Final Plat application fees. This
additional fee must be paid prior to the signing of the Final Plat.
For the recording of the Final Plat, the filing fee (made payable to the Eagle
County Clerk & Recorder) based on current recording rates for the plat and for
any other documents recorded is required.
The following fees are also applicable: (am. 11/9/93)
Review fees charged by a state or federal agency shall be made payable to
the reviewing agency based on current rates and paid at the time of
application. (orig. 11/9/93)
5) PUD Amendment - Plus postage costs for notification $ 200.00
of all the property owners within
the PUD.
6) onincr varian $ 400.00
7) Temporary Housing - Plus $10.00 /unit. $ 200.00
8) Mobile Home Park or Camper Park /Space $ 20.00
9)
Exemptions
$
200.00
10)
Subdivision variance
- Charged only when applied
$
200.00
for separately.
11)
Vacation of Public Ea
ment /Rights -of -Way
$
350.00
12)
Amendment to Regilat'nnc
$
50.00
13)
Sign Permit
$
20.00
Plus $1.00 per square
foot of sign.
For all applications requiring legal descriptions to be published in the
newspaper, additional fees will be charged on a per cost basis for legal
descriptions which are in excess of $50.00. (am. 11/9/93)
If, at the applicants request for postponement, readvertisement is required,
the entire republication fee shall be paid by the applicant.
When a Special Use Permit application accompanies a Sketch Plan or Zone District
submittal, the Special Use application fee shall be required unless waived by
the Board of County Commissioners.
Application fees shall be payable by cash or check, made to the order of the
EAGLE COUNTY TREASURER, and shall be submitted with the application to the
Community Development Department. Recording fees for the Final Plat are to be
paid prior to the recording of the Final Plat, by submitting a check, made to
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y
the order of the CLERK & RECORDER. (am. 11/9/93)
2.25.05 RECORDATION SPECIFICATIONS (orig. 3/31/92)
1) All
plats for recording must be submitted on reproducible mylar and
must
meet the following criteria: (orig. 3/31/92)
a)
Either ink on mylar or photographically reproduced mylar is
required (no colors or sepias) and shall have the capability of
legible reproduction on both microfilm and blueprint equipment.
(orig. 3/31/92)
b)
The mylar must be a minimum of three one - thousands (.003) of an
inch in thickness, black line, and measure 24 by 36 inches in
size. (orig. 3/31/92)
c)
Lettering shall have a minimum height of 100 cl (1/6 inch).
(orig. 3/31/92)
d)
Signatures shall be affixed with black acetone -based ink (not
blue), after the mylar has been prepared. (orig. 3/31/92)
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