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HomeMy WebLinkAboutR07-019 Land Use Regulations Amendments I~ moved adoption of the ollowing Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- () ( 9 Eagle County File No. LUR-0063 Geologic Hazards and Hillside Development Regulations IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS TO: 1) DELETE REFERENCE TO STEEP SLOPES AND TO PROVIDE GREATER CLARIFICATION TO SECTION 4-420, DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS. AND; 2) TO INSERT A WHOLLY NEW SECTION 4-425, HILLSIDE DEVELOPMENT TO PROTECT THE PROPERTY AND QUALITY OF LIFE OF PRESENT AND FUTURE RESIDENTS BY REGULATING DEVELOPMENT ON STEEP VALLEY-SIDE SLOPES. 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 ofland 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, Eagle County is experiencing high rates of population growth, increased population density and increased environmental pressures as a result of land development within Eagle County; and WHEREAS, the construction of new developments within the County is placing significant additional demands on the natural and human-made environment alike; and WHEREAS, the volume and pace of land development in the County threatens the natural environmental attributes of Eagle County; 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 I promote and protect the convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County; and WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use Regulations as contained herein and attached as Exhibit' A', are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado APPROVED File No. LUR-0063 with the following two conditions: I) That Plat Notes be utilized to identify geological hazards present outside of building envelopes, as applicable. 2) That these amended Geologic Hazards and Hillside Development Standards will come into effect 60 days from the date of adoption. 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 20th day of February, 2007, nunc pro tunc to the 6th day of February, 2007. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS By: y: By: Jt/l~Q kiluA Sara J. Fisher, C mmissioner - c~~~ .~.~~~ Peter F. Runyon, Commissio Commissioner .:f ~ seconded adoption ofthe foregoing Resolution. The roll having been called, the vote was as follows: By: Commissioner Peter F. Runyon ~ Commissioner Tom C. Stone ~ Commissioner Am M. Menconi ~/ f This Resolution passed by ?7 /0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 EXHIBIT' A' EAGLE COUNTY LAND USE REGULATIONS ARTICLE 2 SECTION 2-110. DEFINITIONS The following words shall have the following meanings when used in these Regulations. VIEWSHED means a visually sensitive area that is visible from a defined observation point. VISUALLY SENSITIVE AREA means pleasing vistas or prospects or scenes, including but not limited to skylines, ridgelines, bluffs, rock outcroppings, foothills, mountain backdrop, unique vegetation, floodplains, streams, surface water, natural drainageways and wildlife habitat. ARTICLE 4 SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS A. Purpose. There are certain types of lands in Eagle County that have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, steep slopes, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. Development in certain of these hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover, which can cause increased runoff and consequent erosion and sedimentation. These regulations are intended to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas, mitigation techniques shall be provided to reduce or minimize the potential impacts of these hazards on the occupants of the property and, as applicable, the occupants of adjacent properties. B. Maps Incorporated. There are two (2) sets of maps that depict the potential geologic hazard areas in unincorporated Eagle County. The first such map set is known as 4 "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Charles S. Robinson and Associates, Inc., Golden, Colorado, 1975. The second such map set is known as "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Allan E. Miller, Consulting Geologist, Steamboat Springs, Colorado, 1977-78. These two (2) maps sets are hereinafter referred to collectively as "The Eagle County Geologic Hazard Maps" and are hereby incorporated herein by reference. A copy of the map sets is available for review by the public in the Office of the Community Development Director during normal business hours. C. Applicability. The provisions of this Section 4-420, Development in Areas Subiect to Geologic Hazards, shall apply to the following: 1. Slopes in Exeess ef Thirty (30) Pereent. Applications for Subdivision, Special Use, or PUD proposed on lands that contain slopes in excess of thirty (30) percent. ~. 1. Lands Designated on Geologic Hazard Maps. Applications for Subdivision, Special Use, or PUD proposed on lands that are designated on the Eagle County Geologic Hazards Maps as avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. J.. 2. Exemptions. The following types of development shall be exempt from the provlSlons of this Section 4-420, Development in Areas Subiect to Geologic Hazards. a. Previously Subdivided Lot. The development of a single-family residence 6f duplex, multi-family structure, commercial, industrial or institutional structure on a lot that received prior subdivision approval by Eagle County and, which bears the Board of County Commissioners Certificate. subdivided prior to (the effective date of this Section) 6f Also, any development conducted pursuant to a valid, approved special use permit shall be exempt. issued prior to (the effective date of this Section). Hov,'ever, t The development of said uses shall comply with any geologic hazard mitigation requirements that may have becn applied by Eagle County to the approval of the subdivision, Planned Unit Development or Special Use Permit. b. Existing Structure. The remodeling, repaIr, restoration, alteration or expansion of any existing structure. D. Procedure. 1. General. Review of development that is subject to the provisions of this Section 4-420, and shall require referral of the application to the Colorado Geologic Survey. 5 2. Geologic Hazards Analysis. An applicant for development that is subject to the provisions of this Section 4-420, Development in Areas Subiect to Geologic Hazards, shall submit a Geologic Hazards Analysis. The purpose of the Geologic Hazards Analysis is to determine, on a site specific basis, the location and degree of severity of the geologic hazards encumbering that are poscd to the property. The Geologic Hazards Analysis shall be prepared by a professional qualified geologist or registered engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. The map depicting slopes may be prepared by a surveyor registered in Colorado. a. Special Use Applications. For development requiring a Special Use Permit, the application shall include only those materials described under Subsection 4-420.D.2.b.(2), Preliminary Plan / Special Use Permits in addition to the materials required for the Special Use Permit application pursuant to Article 5, Section 5-250 Special Uses. b. Minor Subdivision. For development requiring a Minor Subdivision of land, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, the application shall include those materials described under Subsection 4-420.D.2.b.(2), Preliminarv Plan / Special Use Permits in addition to the materials required for a Minor Subdivision application pursuant to Article 5, Section 5-290 Minor Subdivision. . b. c. Development Involving Subdivision or Planned Unit Development Review. For any development subject to the procedures and standards of this Section that involves Subdivision or Planned Unit Development review, the Geologic Hazards Analysis shall be submitted in two (2) steps, as follows. (1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch plan shall provide an initial investigation of the feasibility that the development can comply with this Section. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of geologic hazards regulated by this Section in relationship to planned development areas. The map shall also provide a general depiction of those portions of the property that contain slopes in excess of thirty (30) percent. The map shall depict contours at a minimum often (10) foot intervals. (b) Report. A brief report describing, in a general manner, whether the development is able to avoid the geologic hazards or proposes to mitigate the impacts of those hazards 6 on the development. If mitigation is proposed, a general description of the form that mitigation is proposed to take shall also be provided. (2) Preliminary Plan Special Use Permits. The Geologic Hazards Analysis submitted with the Preliminary Plan or Special Use Permit shall provide a site specific analysis of how the development will comply with this Section. It shall contain the following materials: (a) Site Specific Analysis. A site specific analysis of the property that depicts the locations of geologic hazards regulated by this Section in relation to planned development areas. The map shall also provide an accurate survey depiction, at two (2) foot contour intervals. (b) Impact Evaluation. An evaluation of the potential impacts of the geologic hazards on the proposed development and potential impacts on any property surrounding the subject property. This shall include an evaluation of any recent natural or human-made activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (c) Building Envelopes. For newly proposed development or redevelopment, building envelopes shall be utilized, where applicable, to ensure that structures will be located in areas free of geologic hazards or that have been properly. mitigated as to all identified hazards. Subdivision Plat Notes shall be utilized to identify geological hazards present outside of platted building envelopes, as applicable. (e) Slepe Develepment. Development subject to this Section 4 420, Development in Areus Subiect to Geologic Hazards sloping in excess of thirty (30) percent shall be evaluated based on the following: i) The Effeet of Slope Charaeteristies on Density er Minimum Let Size. ..^...ccording to the slope characteristics, the allov/able density shall be decreased and/or the minimum lot size shall be increased, for all development '.vithin the RSL, RSM, RJ..1F, CL, CG, I, and RC Zone Districts. The determination of lot slope for proposed lots in the RSL, RSM and RMF, CL, CG, I, RC and PUD zone districts to establish the permitted density, or 7 minimum lot size shall be made on an individual lot basis using the standard method. The standard method calculation is the gradient of the undisturbed land surface of a lot which shall be established by measuring the maximum number of feet in elevation gained or lost between lot lines. This relationship of vertical measurement di,'ided by the horizontal measurement shall be expressed as a percentile. H) II Preeedure 1 Conventional Subdivisien. A standard rule of five hundred (500) sq. ft. of lot area per peroentage point of lot slope shall be used to determine the permitted density or minimum lot size of development within the RSL, RSM, RMF, CL, CG, I, and RC zones. For example, the minimum lot area per dwelling unit allo'.ved on land sloping thirty fi'le (35) percent is 1 d.u.l17,500 sq. tb Formula: Slope percentage x 500 sq. ft. - number of sq. ft. per dVlelling unit The above rule shall determine density or minimum lot size. H') III Proeedure 2 Cluster Subdivisions. In cluster projects in the RSL, RSM, RMF, and RC zones, the allo'Nable number of d'Nolling units shall be calculated from a slope analysis. This analysis shall use fi','e (5) peroent slope ranges and the permitted density shall be based on the fi','e hundred (500) sq. ft. rule. Example: Cluster Subdi','ision in RSM zone 1.7 acres (74,000 sq. ft.) The fDllo'.ving Table is the result of a slope analysis on the 1.7 acre parcel: Slope Category 500 sq. ft. Sub Area Size Rule Density Yield 24,000 sq. ft. I per 8,000 3 d.u. 10 15% 8 15 20% 10,000 sq. ft. 1 per 8,750 1.14 tkt: 15,000 sq. ft. 1 per 11,250 1.33 tkt: 25,000 sq. ft. 1 per 13,500 ~ d.u. 20 25% 25 30~(' 7.32 - 7 1.7 acre parcel - 7.d.u. iv) Fleer .A..rea and. Lot Ce'lerage Restrietiens Based On Slope. In any case 'Nhere the number of dwelling units has been decreased by the slope formula above, the associated floor area and lot co'/erage calculations shall be based on the number of square feet per unit required in that zone on flat ground. y) Cluster Optien B Projeets. For cluster option B projeots, the percentage increase in the number of units in accordance with the special design cluster pro','ision in the various Zone Districts shall be based on the number of units allo'.ved on the parcel after the slope restrictions are applied. (d) Report. A complete report identifying how the proposed development will comply with the standards of this Section, including proposed hazard mitigation and avoidance measures. 3. Referral to Colorado Geologic Survey. During the staff review of the application, the Community Development Director shall refer the application and Geologic Hazards Analysis to the Colorado Geologic Survey (CGS). Referral of Final Plat applications will be at the discretion of the Community Development Director. The Report must be prepared by a registered professional engineer or geologist. a. Review by CGS. CGS shall review the application and Geologic Hazards Analysis and provide comments to the County on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to determine the appropriate avoidance or mitigation techniques that may best apply to the proposed development. b. Revision of Analysis May Be Required. If CGS determines there are geologic hazards on the property that are not shown on the Eagle County Geologic Hazard Maps and have not been addressed by the applicant, or that the Geologic Hazards Analysis is otherwise incomplete or inadequate, the County may require the applicant to revise the Geologic Hazards 9 Analysis to properly address said hazards. 4. Recommendation by CGS. Considering the geologic characteristics of the property and potential geologic hazards associated with those characteristics, the CGS shall make recommendations regarding the potential impacts of the hazards and determine appropriate avoidance or mitigation techniques. 5. Consideration. The County shall consider the content of the Geologic Hazards Analysis and the recommendations of the CGS during the development review process. SECTION 4-425. HILLSIDE DEVELOPMENT E. A. Purpose. To protect the property and quality of life of present and future residents by regulating development on steep valley-side slopes. By requiring development that occurs upon steep slopes to adhere to specified review procedures, performance standards and design guidelines intended to implement the following design objectives: a. To enhance the quality of life of existing and future residents by the preservation and protection of the County's steep valley-side slopes; b. To contribute to the natural hillside character of the existing neighborhoods and developments in the County by limiting the alteration to topography and natural drainage ways; c. To preserve and protect the unique landforms and special natural features and aesthetic qualities of the hillside areas; d. To ensure that new development is sensitive to the existing natural setting and that the protection design minimizes the removal of significant vegetation and natural features to the greatest extent practicable; e. To integrate natural features into project design; f. To respect the existing views toward and from steep valley-side slopes and privacy of the adjacent homes; g. To encourage the use of innovative design techniques and solutions which minimize disturbance and protect sensitive areas; h. To recognize community concerns related to development and its impact upon visually significant hillsides. B. Methodolo/!V. Adoption of regulations requiring that development on such slopes respect existing natural drainage ways, land forms, vegetation, visually sensitive areas, viewsheds and privacy considerations. C. Applicabilitv. Except as provided in Section 4-425. G. hereof, the provisions of this Section 4-425 shall apply to applications for subdivisions, planned unit developments, special use permits and building permits, whether for single- 10 family residential, duplex residential, multi-family residential, commercial, industrial or institutional structures, and including ancillary storm water drainage appurtenances, access roads, driveways and parking areas, on land that contains slopes oftlrirty (30) percent or more. D. Application Requirements 1. Subdivisions. Planned Unit Developments and Special Use Permits. a. Minor Subdivisions. An application for minor subdivisions, excluding condominium maps, subdivision of town homes, duplexes or patio homes, and lot line adjustments, shall include the materials described under this Section 4-425, in addition to the materials required under Article 5, Section 5-290 Minor Subdivision. b. Subdivisions and Planned Unit Developments. An application for subdivision and planned unit development sketch plans and preliminary plans shall include the materials described under this Section 4-425, in addition to the materials required for subdivision application under Article 5, Section 5-280 Subdivision and/or Article 5, Section 5-240 Planned Unit Development District. c. Special Use Permits. An application for a special use permit shall include the materials required under this Section 4-425, in addition to the materials required under Article 5, Section 5-250 Special Uses. d. Required Materials. All subdivision, planned unit development and special use permit applications must include: (1) A slope analysis map shall be prepared by a professional engineer or professional land surveyor registered in the State of Colorado depicting the site contours as follows: (a) Sketch plans shall provide a topographic map that depicts contours at a minimum of ten (10) foot intervals. (b) Preliminary plans and special use permits shall provide a scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for tire entire property in question unless the County Engineer approves a different 11 area of interest. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed, may be shown at ten (10) foot contours. (2) A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant groupings of existing vegetation, prepared at a scale of 1" = 50 feet or less; and (3) An impact evaluation report, i.e., a narrative evaluation of the potential impacts of development on slopes greater than 30% within the proposed development, as well as potential impacts on adjacent surrounding properties; the report shall include an evaluation of any natural or pre- existing human-made alterations to the natural site grade; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology. e. The topographic contour map, grading plan, site plan, elevation drawing and impact evaluation report evaluated for consistency with the governing zone district standards and in accordance with the following review criteria: (1) All standards of the governing zone district must be met (minimum setbacks, maximum height, lot coverage, driveway and road grades, access points, etc.); (2) Disturbance of the natural terrain should be minimized to the extent practicable: (a) Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; (b) Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; (c) Existing, natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable; 12 (3) Visual impacts upon off-site areas should be avoided or reasonably mitigated: (a) Structures should be finished in earth tone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided. (b) Structures should be sited so that-there is a mountain or hillside backdrop. (c) Existing vegetation should be preserved to the extent practicable and supplementary wildfire resistive landscaping introduced, to offset the visual impact of the structural mass on highly visible building sites. (Reference Colorado State Forest Service Publication 6.305, Firewise Plant Materials or, the version of this publication currently in effect.) Minimal water usage is recommended to avoid erosion and similar degradation of the site; where erosion control methods include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. E. Outside Referral. During the staff review of the application, the Community Development Director may refer the application to any applicable referral agency. F. Consideration of Application. The County shall consider the content of the application and the recommendations of the referral agencies, as applicable, during the development review process to determine whether the proposed development in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or the public health, safety and welfare. As a result of such consideration, the County may make the following determinations, among others. 1. Based upon site-specific slope characteristics, all newly proposed building sites must be sized appropriately to accommodate primary structures, ancillary structures, ancillary storm water drainage appurtenances, parking structures, roads, driveways, parking areas and septic systems, well heads and all other necessary utilities for development within all zone districts. Each proposed building site shall 13 be evaluated lot-by-lot based Oil the materials provided in accordance with the application requirements detailed in this Section 4-425. 2. Buildinf! Envelopes. For newly proposed development or redevelopment, building envelope placement must give due consideration to the review criteria of this Section 4-425. G. Buildin!l Permits. An application for a building permit for new sillgle-family, duplex, multi-family, commercial, industrial or institutional structures and grading permits on any portion of a lot or parcel of land containing slopes greater than 30%, shall include the following material, provided that applications for permits for development within building envelopes on plats previously approved by the Board of County Commissioners that bear the Board of County Commissioners' Certificate shall be exemptfrom the requirements of this Section 4-425. G. 1. A scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for the entire property in question unless the County Engineer approves a different area of interest.. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed, may be shown at ten (10) foot contours. The slope analysis map shall be prepared by a surveyor registered in Colorado; 2. A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant existing vegetation, prepared at a scale of 1" = 20 feet or less; 3. A scaled Hillside building elevation drawing, including proposed grades, existing grades and scaled cross section(s) depicting the most prominent view(s) of the proposed building. The elevation and cross section drawings must be prepared at a scale of 1 inch = 20 feet or less. H. Review Criteria for Buildinf! Permit Applications. The materials submitted in support of a building permit application shall be reviewed for consistency with the following criteria: 1. All standards of the governing zone district must be met (minimum setbacks, maximum height, lot coverage, driveway and road grades, access points, etc.); 2. Disturbance of the natural terrain should be minimized to the extent practicable: 14 a. Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; b. Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; c. Existing, natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable. 3. Visual impacts upon off-site areas should be avoided or reasonably mitigated; a. Structures should be sited so that there is a mountain or hillside backdrop; b. Structures should be finished in earthtone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided; c. Existing vegetation should be preserved where practicable to soften the impact of structural mass of buildings located in highly visible areas, and in such areas supplementary wildfire resistive landscaping should also be introduced, as necessary. d. Driveways should not be the predominant feature of the front yard; shared driveways are encouraged, when appropriate. Paved and other structural areas outside the main building mass should be softened by preserving the pre-existing vegetation where practicable; . e. Minimal water usage is recommended to avoid further aggravating geologic hazard impacts. Where erosion control methods and visual impact mitigation include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. 15