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HomeMy WebLinkAboutR07-141 Land Use Regulations AmendmentCommissioner ~,`~,u~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2007 - ~~ ~ IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS; GENERAL AMENDMENT AFFECTING CHAPTER II- ARTICLE 5, SECTION 5-250 SPECIAL USES FII.E NO. LUR 0074 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, the Eagle County Land Use Regulations need periodic amendments to clarify language; add new definitions and/or information; and updates which correspond with Colorado State Statutes; and WHEREAS, as a result of this amendment, the Special Use Permit process found in Article 5, Section 5-250 Special Uses will be modified in order to offer applicants either atwo-step or a one-step Special Use Permit process; and WHEREAS, the two-step process will provide an applicant a choice of utilizing aconcept-level approval for a proposed use via Special Use Permit (SUP), without necessitating final design plans, reports, etc. The applicants would have to provide sufficient evidence that the proposed use would be feasible; however, the investment and amount of dollars spent in order to take a project before the Planning CommissionsBoard of County Commissioners for their consideration and sentiment would be considerably reduced. if the Concept SUP is supported, the applicant would then return with a completed application for a Final SUP. The Final SUP grants vesting and the ability to implement the proposed use upon approval; and WHEREAS, the one-step process, which is the procedure for a Special Use Permit as set forth in the Land Use Regulations (until this amendment becomes enacted) will be marketed as the Consolidated Special Use Permit and is remains available for those wishing to proceed at an increased risk; and WHEREAS, the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use aze awazded in such a manner that will promote and protect the convenience, order, prosperity and welfaze of present and future inhabitants and visitors of Eagle County; and 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 Page 1 of 4 WHEREAS, at its public hearing(s) held September 19s', 2007 the Eagle County Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and WHEREAS, at its public hearing(s) held September 20~, 2007 the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval, of the proposed amendment; 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 October 2na, 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: 1. Pursuant to Chapter 2, Section 5-230.B.2., Tent 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, Article 5, Section 5-250 Special Uses of the Eagle County Land Use Regulations 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 generally consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the applicable comprehensive/master plans. b. Compatible with Surrounding Uses. The issue of compatibility IS NOT applicable to this proposed amendment. Page 2 of 4 c. Public Benefit. The proposal DOES 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. e. Change of Circumstances. The proposal DOES 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 are 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 CONIlVIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II: Article 5-specifically, Section 5-250 of the Eagle County Land Use Regulations, is hereby amended, effective January 31, 2008 or upon the amendment of the approved Fee Schedule which incorporates these new processes, whichever comes later, from the approval of this Resolution to read as set forth in the language 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 declared to be invalid. For this purpose, this Resolution is declared 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 are ratified and confirmed in all respects as of the date hereof. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 2007, nunc pro font to the 2nd day of October, 2007. Page 3 of 4 COUNTY OF $AGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: Clerk to the Boazd of ~'~Aw.w~'' County Commissioners _. , BY: ~ ~ 9 Ienconi, chair BY: Saza J. Fis r, B~ - G Peter F. Runyon, Comte Commissioner ~ S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Arn M. Menconi Vim, ti Commissioner Saza J. Fisher 4 Commissioner Peter F. Runyon ~. This Resolution passed by ~ / ~ County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page 4 of 4 Note: Proposed deletions of existing text aze identified with a setl~exgl3 proposed new regulatory language is identified in bold, italicized text SECTION 5-250. SPECIAL USES Special Uses aze those uses that aze not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particulaz location with surrounding land uses. All Special Uses shall meet the standazds set forth in this Section. A. Procedure. 1. Initiation. Applications for Special Use Permits may be submitted at any time to the Community Development Director, by the owner or any other person having a recognizable interest in the land for which the Special Use is proposed, or their authorized agent. a. Types of Special Use Permit: (1) Concept Evaluation Special Use Permit The Concept Evaluation Special Use Permit application is intended to provide the applicant, the County and the public the opportunity to evaluate and discuss the basic concepts for development of the proposed Special Use Permit and to consider whether said Special Use can be executed in manner consistent and compatible with other uses allowed within the governing zone district Approval of a Concept Evaluation Special Use Permit does not vest the applicant or properly owner, rather; approval of a Concept Evaluation Special Use Permit provides an opportunity to identify issues and concerns the applicant must address if the project is to receive Final Special Use Permit approval from the County. (2) Final Special Use Permit The Final Special Use Permit review is for the applicant to respond to the issues and concerns identified during the Concept Evaluation Special Use Permit review and to formulate detailed, properly engineered solutions to those issues and concerns that conform to the approved Concept Evaluation Special Use Permit: The Final Special Use Permit process is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. The Final Special Use Permit shall include specific standards applicable to the development of the proposed use, specEying the limitations of the property upon which the Special Use is located (3) Consolidated Concept Evaluation and Final Special Use Permit Applicants may request, and the Community Development Director may permit, the simultaneous submission and review of the Concept Evaluation and Final Special Use Permit applications for a parcel of land Dependent upon the scope, scale and complexity of the proposed Special Use, the Community Development Director may allow the Special Use Permit application to be processed in one step. LAND USE REGULATIONS S-1 EAGLE COUNTY, COLORADO Article 5 Note: Proposed deletions of existing text are identified with a s~ilceth~eagl} proposed new regulatory language is identified in bold, italicized lead b. Annlication Contents Concept Evaluation Special Use Permit applications, Final Special Use Permit applications and Consolidated Special Use Permit applications shall contain the materials specified in Section S-2IO.D.2., Minimum Contents ofAnnlication. and the following materials: (I) Site Plan. A detailed site plan of the property, drawn to scale; which shows i$g all existing natural and ~e built features and the proposed development of the property. The site plan shall be accompanied by a landscape plan that conforms to the requirements of Section 4-220, Landscape Plan. (2) Written Description. A written description of the proposal, in sufficient detail to describe the nature of the proposed use, how it will be operated, and how its impacts on surrounding properties will be minimized and mitigated. (3) Other Materials. (a) Concept Evaluation. Such other materials as may be necessary to evaluate the potential compliance of the proposed special use with these Land Use Regulations; (b) Final and Consolidated Special Use Permit. Such other materials as may be necessary to fully evaluate the compliance of the proposed special use with these Land Use Regulations and as required pursuant to Article 4, Site Develovment Standazds. ' 2. Review of applications. The submission of an application for a either form of Special Use Permit, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for a Special Use Permit shall comply with the procedures and standazds established in Section 5-210.D, Common Procedure for Review of Applications. 3. Recommendation of Planning Commission. After receipt of the Staff Report, the Planning Commission shall conduct a public hearing on an application for a Special Use Permit. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public information given at the public hearing. After the close of the public hearing, the Planning Commission, by a majority vote of the quorum present, shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the application for a Special Use Permit based on the standazds in Section 5-250.B, Standazds. 4. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Boazd of County Commissioners shall conduct a public heazing on an application for a Special Use Permit. At the public hearing, the Boazd of County Commissioners shall consider the application, the relevant support materials, and the public testimony given at the public hearing. After the close of the public hearing, the Boazd of County Commissioners, by a majority vote of the quorum present, shall either approve, approve with conditions, or disapprove the application based on the standazds in Section 5-250.B, Standards. LAND USEREGULAT70NS S-2 EAGLE COUNTY, COLOR.9D0 Article S Note: Proposed deletions of existing text are identified with a s~ileag}3 proposed new regulatory language is identified in bold, italicized text B. Standards. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Boazd of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit. Where the application is for a Concept Evaluation Special Use Permit, the applicant must demonstrate that there is the substantial potential to satisfy the following standards; however, final project designs are not required 1. Consistent with Comprehensive Plan. The proposed Special. Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. (om 11/08/05) 2. Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the chazacter of surrounding land uses. 3. Zone District Standards. The proposed Special Use shall comply with the standazds of the zone district in which it is located and any standazds applicable to the particulaz use, as identified in Section 3-310, Review Standazds Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standazds Applicable to Particulaz Commercial and Industrial Uses. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regazding trash, traffic, service delivery, pazlcing and loading, odors, noise, glaze, and vibration, and shall not create a nuisance. 5. Design Minimizes Environmental Impact. The proposed Special Use shall minimise environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, pazks, schools, police and fire protection, and emergency medical services. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standazds in Article 4, Site Development Standards. 8. Other Provisions. The proposed Special Use shall comply with all standazds imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development chazacteristics. LAND USE REGULATIONS S-3 EAGLE COUNTY, COLORADO Arllcle 5 Note: Proposed deletions of existing text are identified with a sttil~ proposed new regulatory language is identified in bold, italicized text C. Conditions and restrictions. The Planning Commission may recommend and the Boazd of County Commissioners may, in approving fibs either a Concept Evaluation or Final Special Use Permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the general purposes, goals, objectives, and policies of the Comprehensive Plan, the FLUM of the Comprehensive Plan, and these Land Use Regulations, to prevent or minimize adverse. effects from the proposed development on surrounding land uses and on the general health, safety, and welfare of the County. The County shall be authorized to set limits on the length of any Final Special Use Permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any Concept Evaluation or Final Special Use Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Special Use Permit. (am 11/o8/os) D. Collateral. As a condition for granting either a Final or Consolidated Special Use Permit, the applicant may be required to post a performance bond in an amount sufficient to insure completion of the development or required public improvements, including landscaping or any required ofF site improvements. In such case, the applicant shall file with the Community Development Director a surety or cash bond, letter of credit, or other collateral recommended by the County Engineer and approved by the County Attorney. The collateral shall be approved by the Board of County Commissioners to insure the, actual construction of such development or required improvements within such period of time as may be determined by the Boazd of County Commissioners. Upon completion of the development or required improvements, the applicant shall obtain certification from a Colorado Registered pProfessional Engineer or Colorado Registered pProfessional Landscape Architect, whichever is appropriate, G'sle~ade that the improvements have been constructed in accordance with the approved plan. Upon receipt of this certification, the County Engineer shall release the security within seven (~ calendaz days. If the security provided by the applicant is not released, refusal to release and the reasons therefore shall be given to the applicant in writing by the County Engineer. E. Effect of issuance of a Special Use Permits. 1. General. The Special Use Permit for a Concept Evaluation shall be limited to only that particular use for which was presented as part of the application. Issuance of a Special Use Permit for a Final or Consolidated shall be deemed to authorize only the particular use for which it is issued. . 2. Effect Issuance of a Concept Evaluation Special Use Permit shall be deemed to authorize the applicant to submit to the County an application for a Final Special Use Permit 3. Time limitations and extension of permit/expiration. a. General. All Special Use Permits types aze valid for three (3) yeazs from the date of their issuance: (1) A Concept Evaluation Special Use Permits shall expire three (3) years from the date of approval, without the ability for amendment, renewal or extension; vesting does not apply to this form of Special Use Permit as it is a conceptual form of approval only; LAND USE REGULA170NS s-4 EAGLE COUNTY, COLORADO Article 5 Note: Proposed deletions of existing text are identified with a ~et~ proposed new regulatory language is identified in bold, atalicized text . (2) A Final or Consolidated Special Use established and ongoing during this three year period is valid for the life of the Special Use. A Final or Consolidated Special Use Permit shall run with the land (3) If a Building Permit is issued during the three year period of time, the Final or Consolidated Special Use Permit shall be extended for the life of the Building Permit. • (4) If the Final or Consolidated Special Use is established and ongoing at the conclusion of the Building Permit, then the Building Permit is for the life of the Final or Consolidated Special Use. (S~ Any Final or Consolidated Special Use Permit granted for a use that is temporary and has received conditional approval limiting the length of its approval shall only be valid for the time period specified in the Permit. Permitted time frames shall not change with successive owners. b. Extension. Upon written request, an extension of a Final or Consolidated Special Use Permit the-perms-life may be granted by the Boazd of County Commissioners, not to exceed two (2) yeazs in length, if the applicant demonstrates by competent substantial evidence that failure to proceed with development of the Special Use was beyond the applicant's control, the Final or Consolidated Special Use Permit is not speculative in nature, the Final or Consolidated Special Use Permit still complies with these Land Use Regulations and the Comprehensive Plan, and there is a reasonable likelihood that the Special Use will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date that the Final or Consolidated Special Use Permit is to expire. (am 11/08/05) c. Hearing on Permit Expiration. If a Final or Consolidated Special Use Permit is not extended either by the issuance of a Building Permit or other development activity pursuant to Section 5-250.E.2.a., General, or by an extension pursuant to Section 5-250.E.2.b., Extension, the Boazd of County Commissioners shall initiate a hearing pursuant Subsection 5-210 H., Extinguishment of Approvals, to determine whether to extinguish the Special Use Permit. F. Minor deviations. Minor deviations from a Final or Consolidated Special Use Permit (Concept Evaluation Special Use Permits may not be modified from its original approval) may be approved by the Community Development Director. Authorized minor deviations are those that appear necessary in light of technical or engineering considerations first discovered during actual development and are not reasonably anticipated during the initial approval process, as long as they comply with the standards of these Land Use Regulations. Minor deviations shall include minor changes in the building footprint or relocation of infrastructure (roads and water or sewage lines) so long as the relocation complies with the conditions of the Special Use Permit and these Land Use Regulations. Minor deviations shall not include changes in the amount of open space, square footage, wildlife habitat protection, or buffering. All changes not qualifying as minor deviations shall be considered amendments and shall comply with Section 5-250.G., Amendment to Special Use Permit. LAND USE REGULATIONS S-5 EAGLE COUNTY, COLORADO Article S Note: Proposed deletions of existing text are identified with a ~e~a proposed new regulatory language is identified in bold, italicized text G. Amendment to Special Use Permit. A Final or Consolidated Special Use Permit maybe amended, extended, varied or altered only pursuant to the standards and procedures €er~e ' ~e as set forth in this Section. LAND USE REGULATIONS 5-6 EAGLE COUNTY, COLORADO Article S