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Home My WebLink AboutR07-127 Land Use Regulations AmendmentCommissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COlYIlVIISSIONERS COUNTY OF EAGLE, STATE OF CaL~ORADO RESOLUTION N0.2007 - _~ IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS TO CREATE A NEW SECTION 5-295 IN ARTICLE 5, CHAPTER II, ENTITLED CONSERVATION SUBDIVISION AND TO MAKE OTHER RELATED. AMENDMENTS TO PORTIONS OF CHAPTER II, INCLUDING ARTICLE 2, ZONE DISTRICTS; ARTICLE 5, ADMINISTRATION; AND ARTICLE 6, NONCONFORNIITIES FILE NO. LUR-0073 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 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, 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 man-made environments 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 fords and determines that one of the primary roles of development review is to ensure that changes in land use are permitted in such a manner that will promote and protect the convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County; and _ Page 1 of 5 WHEREAS, a need has been identified to amend the Eagle County Land Use Regulations to [ 1 ]provide greater incentives to cluster residential lots under what is being referred to as conservation subdivisions, [2] require the permanent setting aside of conservation/agricultural lands facts with limited, relatively low impact uses in exchange for density bonuses, and [3] provide sufficient design criteria and review standards to ensure that the proposed conservation subdivisions meet the intent of the proposed regulations; and WHEREAS, this proposal would amend certain sections of Chapter II of the Eagle County Land Use Regulations to address the identified needs, as follows: • By adding a new Section 5-295, Conservation Subdivision; and • By amending Article 2, Definitions; Article 3, Section 3-210, Residential, Agricultural and Resource Zone Districts; Article 3, Section 3-300, Residential, Agricultural and Resource Zone Districts Use Table; Article 3, Section 3-310, Review Standards Annlicable to Particular Residential A~icultural and Resource Uses; Article 5, Table of Contents; Article 5, Section 5-280, Subdivision; Article 5, Section 5-290, Minor Subdivision; and Article 6, Section 6-120, Nonconforming Lots of Record. WHEREAS, notice and/or a referral of this amendment was provided to all proper agencies and departments as required by the Eagle County Land Use Regulations, in addition to persons or agencies who maybe affected by these changes; and WHEREAS, at its public hearing held October 3, 2007, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed amendment; and WHEREAS, at its public hearing held October 4, 2007, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval of the proposed amendment with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on November 6, 2007, to consider this amendment and based upon its findings, has approved, the proposed amendment; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the .recommendation of the Planning Commissions, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: Page 2 of 5 1. Pursuant to Chapter 2, Section 5-230.B.2., Tezt Amendment, of the Eagle County Land Use Regulations: a. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals. the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs; b. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given; c. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5- 230.B.2 Tezt Amendment: (1) The proposed amendments AMEND ONLY THE TEXT of Chapter II, by adding a new Section 5-295, Conservation Subdivision, and amending Article 2, Definitions; Article 3, Section 3-210, Residential, Agricultural and Resource Zone Districts; Article 3, Section 3-300, Residential, A~aricultural and Resource Zone Districts Use Table; Article 3, Section 3-310, Review Standards Applicable to Particular Residential Agricultural and Resource Uses; Article 5, Table of Contents; Article 5, Section 5-280, Subdivision; Article 5, Section 5-290, Minor Subdivision; and Article 6, Section 6-120, Nonconforming Lots of Record and DO NOT amend the Official Zone District Map (2) Precise wording of the proposed changes HAS been provided (please see attached) 2. Pursuant to Chapter 2, Section 5-230.D., Standards, of the Eagle County Land Use Regulations as applicable: a. Consistency with Comprehensive Plan. The proposed amendment IS sufficiently consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Comprehensive Plan. b. Compatible with Surrounding Uses. The issue of compatibility IS NOT applicable to this proposed amendment. c. Public Benefit. The proposal DOES sufficiently address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive land. Page 3 of 5 e. Change of Circumstances. The proposal DOES sufficiently address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. f. Adequate Infrastructure. There aze no "properties" subject to this proposal; the result of this amendment'WILL NOT result in the need for new infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II, Article 5, of the Eagle County Land Use Regulations, is hereby amended, effective January 31, 2008, to read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. THAT, Chapter II: Articles 2, 3, 5, 6 of the Eagle County Land Use Regulations, aze hereby. amended, effective January 31, 2008, to read as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. THAT, this amendment of the Eagle County Land Use Regulations shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence or word of this Resolution, including the 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 declazed to be invalid. For this purpose, this Resolution is declazed to be severable. THAT, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Eagle County Land Use Regulations shall remain in full force and effect, and hereby aze ratified and confirmed in all respects as of the date hereof. THAT, this Resolution is necessary for the public health, safety, and welfaze of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of 2007, nunc pro tunc to the 6~' day of November, 2007. Page 4 of 5 ATTEST: BY: Teak J. Simonto~i Clerk to the Board of County Commissioners enconi, Chair Peter F. Runyon, Commissioner ~ ~,° seconded adoption of the foregoing resolution. The roll having been called, the vote as follows: Commissioner Arn M. Menconi ~~ Commissioner Sara J. Fisher Commissioner Peter F. Runyon G This Resolution passed by ~~~~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado COUNTY OF EAGLE, STATE OF COLORADO, By and Throws BOARD OF COUNTY COMMISSIONERS Page 5 of 5 ART/CLES: ADMINISTRATION S-,Z9S C N RVATION SuRDIVIC- ]V SECTION 5-295. CONSERVATION SUBDIVISION Exhibit "A" A. Purpose. In a Conservation Subdivision, previously referred to in these Land Use Regulations as Cluster Development, lots smaller than would otherwise be allowed by the governing zone district are grouped or "clustered" in one or more limited areas on the subject property, the location of which is determined through adherence to certain design standards. A density bonus may be allowed. In exchange, the balance of the property must be set aside as a permanent Conservation/Agricultural Lands Tract (see example diagrams under the definition for `Conservation Subdivision' in Article 2). The potential for a density bonus and reduced infrastructure costs provide incentive to a landowner, while the residents of the subdivision and the public benefit from creative designs and layouts that reduce site disturbance and preserve scenic quality, wildlife habitat, sensitive lands, and agricultural uses. B. Applicability. 1. Zone Districts. A Conservation Subdivision is a use allowed by Special Review in the Resource (R), Resource Limited (RL), Agricultural Residential (AR) and Agricultural Limited (AL) zone districts. , 2. Minimum Land Area. The following minimum land areas are required: Zone District Minimum Land Area Resource (R) 70 acres Resource Limited (RL) 40 acres Agricultural Residential (AR) 20 acres Agricultural Limited (AL) 10 acres C. Uses. The zoning designation on a property approved for a Conservation Subdivision shall remain unchanged. As such, lots created through this process will be considered legal non-conforming lots, with uses detailed in Section 6-120, Nonconforming Lots of Record. D. Procedure 1. Initiation. Applications for a Conservation Subdivision may be submitted at any time to the Department of Community Development by the owner, or any other person having a recognizable interest in the land for which the Conservation Subdivision is proposed, or their authorized agent. Prior to submission of an application for a Conservation Subdivision, the Applicant shall participate in a pre-application conference with the Community Development Director or his designee pursuant to Section 5-210.C., Pre-application Conference. 2. Application Contents. The application shall contain the materials specified in Section 5-210.D.2., Minimum Contents of Application, and any or all of the following requirements, as determined necessary by the Director of Community Development: a. Physical Characteristics and Site Plan. One or more site plans with photographs and/or maps depicting topography, drainage and water LAND USE REGULATIONS S-1 EAGLE COUNTY, COLORADO Article 5 '**, 2007 :i~CLE S: ADMINISTRATION S 295 CONSERVATIONSUBDIVISION features, hazazd azeas, agricultural resource azeas, wildlife habitat and other natural resource azeas, sites of any historic or azchaeological significance, scenic resources, and existing and proposed building locations, roads and access drives, landscaping, fences, and any other prominent features or land uses. b. Request for Density Bonus, if applicable. (See Section 295.BF, Densi Bonus.) c. Request for Accessory Dwelling Units and/or Agricultural Buildings, if applicable. d. Final Plat. A final plat of the proposed subdivision which conforms with Final Plat requirements of Section 5-280.B.5., Final Plat for Subdivision. e. Zoning. Demonstration that the land included within the proposed subdivision is properly zoned for the proposed use. f. Access. Demonstration that all lots in the proposed subdivision will be provided safe, efficient and legal access using the minimum practical roadway length. In azeas of medium or high wildfire hazard, dual access to residential clusters, as detailed in Section 4.430, Development in Areas Subject to Wildfire Hazazds, may be required. g. Variance from Improvement Standards, if applicable, pursuant to Section 5-260.G., Variance from Improvement Standazds. h. Water Supply. Satisfactory evidence demonstrating the existence of an adequate, dependable and legally obtained water supply for each building site. i. Waste Water Disposal. Demonstration that each proposed building site will be provided with a waste water disposal system which complies with all applicable public health laws. j. Fire Protection. Satisfactory evidence demonstrating adequate fire protection for each proposed building site. k. Adequate Facilities. Demonstration that all proposed building sites will be provided electrical, telecommunication and solid waste disposal services, will be in reasonable proximity to schools (or transportation will be provided), and that each residential unit will have reasonable access by emergency service providers. 1. Hazards. Satisfactory evidence demonstrating that all improvements associated with the proposed subdivision will not create hazards, and that all lots will contain safe, adequate building sites. If residential clusters aze proposed for azeas of medium or high wildfire hazard, a Vegetation Management Plan, pursuant to Section 4-430, shall also be required. LAND USE REGULATTONS 5-Z EAGLE COUNTY, COLORADO Article 5 •"! 2007 ARTICLES: ADMINISTRATION S-2 5. CONSERYATIONSZ/BDIVISION m. Conservation/Agricultural Lands Management Plan. Provisions and documents associated with the creation and ownership of all areas proposed for conservation and/or continued agricultural uses, including a specific plan, satisfactory to the County, which details provisions for (1) the management and maintenance of the conservation/agricultural lands tract in perpetuity for its intended use and, where appropriate, (2) the permanent availability of sufficient water rights to implement the Management Plan. The Conservation/Agricultural Lands Management Plan shall be filed for recording in the Office of the Clerk and Recorder with the recording of the resolution approving the special use permit. Any protective covenants, declarations or other restrictions to be placed on the subdivision, including those related to the long term ownership and maintenance of conservation/agricultural land tracts, shall also be filed for recording in the Office of the Clerk and Recorder either with the resolution approving the special use permit or at the time of Final Plat recording. n. Housing Plan. A Local Resident Housing Plan as specified in the Eagle County Local Resident Housing Guidelines. o. Common Ownership of Contiguous Parcels. Disclosure of all contiguous parcels in which the owner or the applicant has an ownership interest. 5. Process. Review and final approval of Conservation Subdivisions shall be accomplished by Special Use Permit pursuant to Section 5-250, Special Uses, and either a Type A Minor Subdivision or a Type B Minor Subdivision, as applicable, pursuant to Section 5-290, Minor Subdivision. 6. Review of Applications. Review of an application by Staff, determination of sufficiency and completeness, referral to outside agencies, and scheduling for public hearing for a Conservation Subdivision shall comply with the procedures established in Section 5-210.D, Common Procedure for Review of Apulications. 7. Review and Recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Conservation Subdivision, and shall consider the application, the relevant support materials, the Staff report, and any public testimony. At the close of the public hearing, the Planning Commission shall provide to the Board of County Commissioners a recommendation to either approve, approve with conditions, or disapprove the application based on the standards in Section 5-295.G., Standards. LAND USE REGULATIONS 5-3 EAGLE COUNTY, COLORADO Article S ««« 2007 ARTICLE 5: ADMINISTRATION 5 295 CONSERYA770NSUBDIVISIDN 8. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Boazd of County Commissioners shall conduct a public hearing on an application for a Conservation Subdivision. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff report, the Planning Commission recommendation, and any public testimony given. At the close of the public hearing, the Boazd of County Commissioners, by a majority vote, shall either approve, approve with conditions, or disapprove the application based on the standazds in Section 5- 295.G., Standards. E. Conservation Subdivision Design Criteria 1. EfScient layout. The design of a Conservation Subdivision shall result in contiguous residential lots concentrated into one or more portions of the property such that development of lands of significant conservation value is avoided, and road lengths, driveways, service infrastructure needs and land disturbances aze minimized. In addition, opportunities for energy efficient construction should be maximised to the greatest extent possible. 2. Road and infrastructure alignments. Roads and utilities shall be located in a manner that results in minimal site disturbance, and shall avoid steep slopes, environmentally sensitive azeas, ridgelines and other sites of high visibility. Where a group of lots borders a public road, direct access to such road or highway from individual lots, units or buildings shall not.be permitted. 3. Resource Protection a. Conservation/Agricnltural Lands Tract. The design of a Conservation Subdivision shall result in the creation of a contiguous tract of land that is no less than 67% of the property covered by the application, excluding floodplains, utility corridors and established rights of way, which will remain in an undeveloped state. To the greatest extent possible, this Tract shall contain the following: (1) Lands of existing agricultural production, including irrigated fields, pastures or croplands. (2) Identified wildlife habitat and wildlife migration corridors, or buffer zones necessary to protect the same. (3) Streams, drainages, wetlands, ground water rechazge azeas and riparian habitats. (4) Lands of significant scenic or cultural value. (5) Natural hazard azeas including steep slopes, floodplains, debris flow paths and avalanche paths. (6) Unique landforms or topographic features. b. Building Envelopes. All residential and accessory residential structures within a Conservation Subdivision shall be located within building envelopes, each of which is no more than three (3) acres in size, and located on that portion of the properly deemed most suitable for development. Building envelopes shall be indicated on the Final Plat for the subdivision. LAND USEREGULATIONS 5-4 EAGLE COUNTY, COLORADO Article S "~~, 2007 ARTTCLES: ADMINISTRA770N 5-295 CONSERVATTONSUBDIVISION 4. Shared Septic Systems. If septic systems aze to be used for waste water disposal, shazed septic systems aze "encouraged to the extent determined to be practicable by the Eagle County Environmental Health Department. Demonstration of an maintenance program shall be provided which is determined by the Eagle County Environmental Health Department to be adequate. 5. Mazimnm Size of Dwelling Units a. Primary Dwelling Units. Primary dwelling units shall be limited to a maximum floor area of 5,000 squaze feet. b. Accessory Dwelling Units. Accessory dwelling units shall conform to the provisions of Section 3-310.A., Accessory Dwelling Ult. 6. Residential Building Sites not in a Cluster. On pazcels larger than 70 acres in the Resource Zone district, and on pazcels larger than 40 acres in the Resource Limited Zone district, one residential building site may be located outside the grouped lots. All residential and accessory residential structures associated with this isolated building site must be located within a designated building envelope, as indicated on the final plat for the subdivision. The area of the building envelope shall not count in the calculation of acreage required for the Conservation/Agricultural Use Tract. Unless pre-existing, the location of this building site should also conform to the greatest extent possible to established Conservation Subdivision Criteria. 7. Mazimum number of Dwelling Units per Cluster. The maximum number of home sites allowed within individual residential "clusters" shall depend on the subject property's physical characteristics and the degree to which the proposal conforms to these Design Criteria. The following may, at the discretion of the Director of Community Development, be required for Conservation Subdivision applications that result in five (5) or more single family lots: a. Plans for shared water and wastewater systems. b. A Landscaping Plan for common areas. c. Internal pathways. d. A Storm Water Management Plan. e. Conformance to Eagle County Housing Guidelines regarding workforce housing. f. Conformance to Eagle County Land Use Regulations Chapter 6, Matters of State Interest. g. A development phasing plan. 8. Minimum Residential Lot Size. The size of residential lots within a Conservation Subdivision may vary based on existing improvements, the physical characteristics of the land and the outcome desired by the property owner. In no event shall the total acreage of lands set aside for residential lots or building sites exceed 33% of the parcel or parcels covered by the application. Satisfactory evidence demonstrating the existence of a legal, physical, adequate and dependable water and sufficient wastewater treatment, as determined by the Eagle County Environmental Health Department, will be provided for all of the residential lots. LAND USEREGULATTONS 5-5 EAGLECOUN7Y, COLORADO Article 5 '*', 2007 ARTICLE S: ADMINISTRATION 5-295. CONSERVATION SUBDIVISION 9. Accessory Dwelling Units. If desired, a specific request for the inclusion• of accessory dwelling units (ADU) may be made with the application for a Conservation Subdivision. An ADU must be an integral part of the principal residential structure on the lot. If approved, accessory dwelling units will not count towards applicable density limitations for the property, but they will be included in the calculation of single family equivalents (SFE) with respect to the applicability of Chapter VI, Matters of State Interest, of the Eagle County Land Use Regulations. If an application for one or more accessory dwelling units is submitted subsequent to approval of a special use permit for a clustered subdivision and would result in the total number of dwelling units in the subdivision to be ten (10) or more and would therefore be subject to Chapter VI, Matters of State Interes of the Eagle County Land Use Regulations, then the entire Conservation Subdivision shall be subject to the provisions of Chapter VI, Matters of State Interest. 10. Dimensional Limitations. With the exception of minimum lot size, dimensional limitations for residential lots in a Conservation Subdivision shall be equivalent to the limitations listed in Table 3-340, Schedule of Dimensional Limitations, for the underlying zone district. For lots of 15,000 squaze feet or smaller, floor area ratios and maximum lot coverage regulations shall be consistent with those listed for the zone district with the largest minimum lot size within which the subject lot would be found to be conforming in size. 13. Access to the Conservation/Agricultural Lands Tract. Each residential lot within a Conservation Subdivision may or may not be provided access to the development's conservation/agricultural land tracts depending on the goals and objectives of the project's Conservation/Agricultural Lands Management Plan (See Section 5-295.D.2.m). 1~. Landscaping, Lighting and Fences. Landscaping and lighting shall conform to Section 4-230, Landscaping Desi~an Standazds and Materials, and Section 4-250, Illumination Standazds. and shall be installed in such manner as to not detract from the chazacter of the area. With the exception of azeas within platted building envelopes, fences shall be wire strand or constructed of unpainted natural materials, and shall be wildlife friendly. 13. Signs. Signs shall be limited to those necessary to provide direction and/or safety on public or private travel routes. Entry monuments or entry gates, where appropriate, shall be designed to conform to the rural character of the azea. F. Density Bonus and Ma~mum Densities Allowed. If desired, the Applicant shall include a request for a density bonus in the application material submitted. The density bonus allowed within a Conservation Subdivision shall not exceed the maximums provided below, and shall otherwise depend on the physical chazacteristics of the property and the degree of conformance of the site plan to the criteria provided in Section 5-295.E., Conservation Subdivision Design Criteria. If a property contains an existing residential dwelling, that dwelling shall count as one residential lot in the following calculations. LAND USEREGULATTONS 5-6 EAGLE COUNTY, COLORADO Article S """, 2007 ARTICLES: ADMINISTRATION 5-295. CONSERVATIONSUBDII7SION Table 5-295. Mazimum Number of Dwellin Units er Acre b Zone District Percent of Site (%) Designated as Conservation/Agricultutal Resource Resource Agricultural Agricultural Land Tract Limited Residential Limited At least 67% but less than 75% 1 / 25 1 / 14 1 / 7 1 / 3.5 At least 75% but less than 85% 1 / 20 1 / 12 1 / 6 1 / 3 85%ormore 1/17.5 1/10 1/5 1/2.5 G. Standards. The Conservation Subdivision shall comply with Section 5-250.B, Standazds for Special Use, and Section 5-290.G.1 Standazds for Minor Subdivision. as applicable for a Type A or Type B Minor Subdivision, respectively. In addition, the following standazds shall apply: 1. Design Criteria. The conservation subdivision shall conform to the Conservation Subdivision Design Criteria of this Section. 2. Improvements. The improvements standazds applicable to the Conservation Subdivision shall be as specified in Article 4, Division 6, Improvements Standazds. However, the development may deviate from the County's road standazds in order to better meet the criteria listed in Section 5-295.E., Conservation Subdivision Design Criteria. The following improvement standards shall apply: a. Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all common azeas of the proposed development using the minimum practical roadway length. Access shall be by a public right- of-way, private vehiculaz or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standazds of the American Association of State Highway and Transportation Officials (AASHTO) for that functional classification of roadway. b. Internal Pathways. If required, internal pathways shall form a logical; safe and efficient system for pedestrian access to dwelling units and common azeas, with appropriate linkages off-site. c. Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. Access easements shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways and other azeas within the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. d. Principal Access Points. Principal vehiculaz access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehiculaz, pedestrian or bicycle traffic. Where a group of lots borders a LAND USE REGULATTONS 5-7 EAGLE COUNTY, COLORADO Article 5 ***, 2007 ARTICLES: ADMINISTRATION 5-295. CONSERYATIONSUBDIVISION public road, direct access to such road or highway from individual lots, units or buildings shall not be permitted. e. Snow Storage. Adequate azeas shall be provided to store snow removed from roads and from vehicle turnazound azeas. 3. Facilities. The proposed Conservation Subdivision shall be adequately served by public or private facilities and services, including roads, potable water and wastewater facilities, schools, public safety, fire protection and emergency medical services. 4. Conformance with Final Plat Requirements. Final Plat requirements and other applicable regulations, policies, standazds, and guidelines shall be met. 5. Preservation of Lands of SigniScant Conservation Value. Areas of significant conservation value shall be preserved within the subdivision. a. Uses Allowed. Conservation/agricultural lands tracts within Conservation Subdivision shall remain primazily undeveloped. Seasonal closures to protect growing crops, livestock or sensitive wildlife habitat shall be permitted. The following uses shall be allowed: i. Agricultural production, farming, ranching and ancillary agricultural structures, including equestrian facilities, except boazding stables, as allowed in the underlying zone district. ii. Low impact dispersed recreation including hiking, hunting, fishing, horseback riding, Nordic skiing, and mountain biking. iii. The construction of unpaved trails for the purposes of public or private access. iv. The construction of rustic camping or other rustic facilities (i.e., huts, shelters, etc.) in conjunction with low-impact dispersed recreational uses. v. Shared well and/or shazed septic system improvements. b. Uses not allowed. Conservation/agricultural land tracts created within a Conservation Subdivision shall expressly not be used for the construction or operation of developed recreational facilities such as golf courses, athletic fields, motorized vehicle tracks, or other improvements that would support non-dispersed types of recreation, or activities that would be inconsistent with the preservation of the chazacter of the land, including special events. c. Continued Use and Maintenance. All privately owned conservation/ agricultural lands shall continue to conform to their proposed uses. To ensure that all conservation agricultural lands identified on the final plat will be used accordingly, restrictions shall be placed on the Conservation Subdivision final plat and in each related property deed conveying a sepazate interest in the .property to ensure continued maintenance pursuant to the Conservation/Agricultural Lands Management Plan and to prohibit the further subdivision of any conservation/agricultural lands areas. d. Organization. If conservation/agricultural lands are proposed to be maintained pursuant to the Conservation/Agricultural Lands Management LAND USE REGULATIONS 5-8 EAGLE COUNTY, COLORADO Article S """, 2007 AR77CLE 5: ADMINISTRATION S 295 CONSERVATIONSI/BDIVISION Plan through an association or nonprofit corporation, such organization shall manage all conservation/agricultural lands and related facilities that are not dedicated to the public, and shall provide the maintenance, administration and operation of such land, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the separate sale of any lots or units within the subdivision. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the clustered subdivision. If the conservation/agricultural lands area is to he held in single or multiple ownership as a conservation tract, a conservation easement in favor of either a land trust or similar conservation-oriented non-profit organization and/or a governmental entity with an interest in pursuing goals compatible with the purposes of this section shall be placed on the entirety of the tract. H. Effect of Approval of a Conservation Subdivision Plat. All Conservation Subdivision Final Plats shall be subject to the provisions of Section 5-280.B.S.d., Effect of Approval of a Final Plat for Subdivision. I. Subdivision Agreement. All Conservation Subdivisions shall be subject to the provisions of Section 5-280.B.S.e., Subdivision Agreement. LAND USE REGULATIONS 5-9 EAGLE COUNTY, COLORADO AKicle 5 °*~, 2007 RELATED AMENMDMENTS -Conservation Subdivision Exhibit "B" NOTE: Related provisions elsewhere in Chapter II of the Land Use Regulations that will also need to be amended to be consistent with the provisions proposed for Section 5-295, Conservation Subdivision. include the following: NOTE: Deleted text is indicated by a s~rileugl}. Added text is shown is bold italics. SECTION 2-110. DEFINITIONS GltisteF-Be~elepmei}t Conservation Subdivision C-1>aste>=develept~tent Conservation subdivision means a concentration of development in one (1) or more limited azeas of an entire ownership, within lots that aze smaller than the minimum required lot azea in the underlying zone district, so the development can preserve those portions of the property that provide valued environmental resources and avoid those azeas that are subject to natural hazazds, as identified by these Regulations. [NOTE: The graphic associated with this definition will be revised to accurately reflect the intent of the conservation subdivision provisions.] SECTION 3-210. RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS Section 3-210.D., Rural Residential (RR). The purpose of the Rural Residential (RR) zone district is to serve as a transition azea between the denser development found in towns, community centers and rural centers and the lower densities found in the County's agricultural and resource azeas. This is accomplished by permitting development ofsingle-family dwelling units on lots of two (2) acres or more, -'-- ~'• ~~° a -'° °'--_ " ~ SECTION 3-300. RESIDENTIAL AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE TABLE TABLE 3-300 RESIDENTIAL, AGRICULTURAL AND RESOURCE ZOND DISTRICTS USE SCHEDULE Uses: R=Use By Right; L=Allowed by Limited Review; S=Allowed by Special Review; FHA RMF RSM RSL RR AL AR RL R BCC RPZ Standards N=Not Allowed 1sF Ai 6 L b 6 ~ 6 ~S AF ~1 See-3~3-18-B Co~ n S visions N SN SN SN SN S S S S N N Sec. 3-310 B SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL AGRICULTURAL AND RESOURCE USES Section 3-310.B., Conservation Subdivision. G:\PLANNER FILESUoe\LongRange\ClusterDevelopment\ClusteringDRAFTIOTHER.doc The provisions of this Section would be replaced in its entirety by the following: Conservation Subdivisions shall allow lots smaller than would otherwise be allowed by the governing zone district which are grouped or "clustered" in one or more limited areas on the subject property, the location of which is determined through adherence to certain design standards Density bonuses would be allowed In exchange, the balance of the property must be set aside as a permanent Conservation/flgricultural Lands Traci The maximum densities allowed in Conservation Subdivisions shall be as set forth in Table 5-295, Maximum Number of Dwelling Units aer Acre by Zone District. and as further provided in Section 5-295, Conservation Subdivision. Table 3-310.B. Magimam Namber of Dwelling Units per Acre by Zone District Percent of Site (%) Designated as Conservation/A 'cultural Land Tract Resource Resource Limited Agricultural Residential Agricultural Limited At least 67% but less than 75% 1 / 25 1 / 14 1 / 7 1 / 3.5 At least 75% but less than 85% 1 / 20 1 / 12 1 / 6 1 / 3 85%ormore 1/17.5 1/10 1/5 1/2.5 ARTICLE 5 -ADMINISTRATION TABLE OF CONTENTS Add a dine in proper sequence as follows: Section 5-295. Conservation Subdivision ............................................................. 5-84 Note: Subsequent page numbers wild be adjusted accordingly. SECTION 5-280. SUBDIVISION -Section 5-280.B.2.. Exemptions Section 5-280.B.2.b., Rural Land Use Process. Development undertaken in the Resource (R) zone district pursuant to Section ..., 5-295, Conservation Subdivision, which establishes a rural land use process, as authorized by C.R.S. 30-28-101 (10)(c)(X). SECTION 5-290. MINOR SUBDIVISION Section 5-290.B., Definitions 1. Type A Subdivision. A Type A Subdivision is a subdivision creating not more than three (3) lots within property that has not previously been platted or a conservation subdivision creating any number of lots within property that has not previously been platted, which shall be administered in accordance with Section 5-295., Conservation Subdivision. 2. Type B Subdivision. A Type B Subdivision is a subdivision creating new Iots within a legally approved subdivision. The Minor Type B Subdivision is intended to serve three separate functions: G:\PLANNER F[LESUoeU.ongRange\ClusterDevelopment\ClusteringDRAFTIOTHERdoc a. If the subject property is unimproved and vacant then, no more than three new lots may be created via this Minor Type B Subdivision process, unless the subdivision is pursuant to or a conservation subdivision creating any number of lots within a legally approved subdivision, which shall be administered in accordance with Section S-29S., Conservation Subdivision . b. [No change.] c. [No change.] Section 5-290.C., Procedure. 1. Initiation. An application for either a Type A or Type-B Subdivision or an Amended Final Plat shall only be submitted by the owner, or any other person having a recognizable interest in the land, or their authorized agent. Other than for Conservation Subdivisions (Refer to Section S-Z9S., Conservation Subdivision), the application shall contain the materials specified in Section 5- 21 O.D.2, Minimum Contents of Application, and shall also contain the following additional materials, as applicable: [Note: The remainder of Section 5-290.C.1., Initiation. remains unchanged.] SECTION 6-120. NONCONFORMING LOTS OF RECORD Section 6-120., Nonconforming Lots of Record A. General. Where a legal lot of record has an azea or frontage that does not conform to the standazds of these Land Use Regulations, but it was a legal lot of record on January 1, 1999, the effective date of these Land Use Regulations, or was created pursuant to Section 5-295, Conservation Subdivision, such a lot or parcel may be developed, provided it is not a contiguous lot under common ownership as defined in Section 6-120.B., Contiguous Parcels Under Single Ownership, and the minimum yazd standards for the zone district in which it is located are met or a variance from these standards is obtained pursuant to Section 5-260., Variances. 1. Uses by Right. [No change.] 2. Additional Uses. [No change.] G:\PLANNER FILESUoe\LongRange\ClusterDevelopment\ClusteringDRAFTIOTHER.doc