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HomeMy WebLinkAboutR03-115 Amending the Land Use Regulations - School Land Dedication Standards File No. LUR-0045 Commissioner ~' moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-~ IN THE MATTER OF AMENDING CHAPTER II, ARTICLE 4, SECTION 4-700 SCHOOL LAND DEDICATION STANDARDS of the EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER-1998 FILE NO. LUR-0045 WHEREAS, the Boazd of County Commissioners of Eagle, State of Colorado (hereinafter the "Boazd"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30-28-101, et se ., to plan for and regulate the use and development to land in the unincorporated territory of the County of Eagle, State of Colorado, for the puipose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Boazd has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations", pursuant to Resolution No.98-147; and WHEREAS, C.R.S. 30-28-133, and Chapter 1, Section 1.15, and Chapter 2, Section 5- 230, of the Eagle County Land Use Regulations, provide for the adoption and amendment of subdivision regulations by the Boazd; and WHEREAS, the Eagle County Department of Community Development ("Applicant"} did file an application on or about May. 30, 2003, to amend Chapter II, Section 4-700, School Land Dedication Standazds, of the Eagle County Land Use Regulations to require a subdivider proposing to subdivide land to create residential lots to provide an appraisal of the full mazket value of the land, if a payment of cash is to be made in lieu of school land dedication; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on August 6, 2003, and recommended approval of the proposed amendments to the Land Use Regulations; and $51088 Page: i of B 09/24/2003 02:00F Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 • Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- ~ ~~ IN THE MATTER OF AMENDING CHAPTER II, ARTICLE 4, SECTION 4-700 SCHOOL LAND DEDICATION STANDARDS of the EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER .1998 FILE NO. LUR-0045 WHEREAS, the Boazd of County Commissioners of Eagle, State of Colorado (hereinafter the "Boazd"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30-28-101, et se ., to plan for and regulate the use and development to 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 welfaze of the present and future inhabitants of the County of Eagle; and WHEREAS, the Boazd has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations", pursuant to Resolution No.98-147; and WHEREAS, C.R.S. 30-28-133, and Chapter 1, Section 1.15, and Chapter 2, Section 5- 230, of the Eagle County Land Use Regulations, provide for the adoption and amendment of subdivision regulations by the Boazd; and WHEREAS, the Eagle County Department of Community Development ("Applicant") did file an application on or about May 30, 2003, to amend Chapter II, Section 4-700, School Land Dedication Standazds, of the Eagle County Land Use Regulations to require a subdivider proposing to subdivide land to create residential lots to provide an appraisal of the full mazket value of the land, if a payment of cash is to be made in lieu of school land dedication; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on August 6, 2003, and recommended approval of the proposed amendments to the Land Use Regulations; and i ~ WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on August 7, 2003, and recommended approval of the proposed amendments to the Land Use Regulations; and WHEREAS, after public notice was given pursuant to law, the Board held public hearings to consider comments on such proposed amendments on August 19 and September 2, 2003, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, having reviewed all of the evidence, testimony, statements and exhibits submitted at the public hearing, as well as the comments and recommendations of the Eagle County Planning Commission, the Roaring Fork Valley Regional Planning Commission, and the Eagle County Department of Community Development, and from all interested parties, the Board hereby determines that the proposed amendments to Chapter II, Section 4-700, School Land Dedication Standards, of the Eagle County Land Use Regulations are necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado, finding, as follows: 1. Pursuant to Chapter 1, Section 1.15.04, Referrals, of the Eagle County Land Use Regulations: (1) The proposed amendments have been referred to the appropriate referral agencies for an advisory opinion. (2) The proposed amendments have been referred to the City Clerk of all incorporated municipalities for recommendation by the city or town planning commission or city council or town board, or agents designed by them. (3) The proposed amendments have been referred to the Division of Planning of the Department of Local Affairs for advice and recommendation. (4) The proposed amendments have been referred to the Land Use Commission for comment 2. Pursuant to Chapter 1, Section 1.15.05, Public Hearine, of the Eagle County Land Use Regulations: Public notice has been given pursuant to Section 1.15.05.(1), Section 1.15.05.(2) and Section 1.15.05.(3) of this Chapter. 3. Pursuant to Chapter 2, Section 5-230.B.2., Text Amendment, of the Eagle County Land Use Regulations: 2 • • (a) The proposed amendments solely amends the text of the Eagle County Land Use Regulations and do not amend the Official Zone District Map or any other map incorporated into the Regulations by reference. (b) Precise wording of the proposed changes have been provided. 4. Pursuant to. Chapter 2, Section 5-230.D., Standazds, of the Eagle County Land Use Regulations as applicable: (a) The proposed amendment is consistent with the purposes, goals, policies and FLUM of the Master Plan. (b) The proposed amendment does address a demonstrated community need. (c) The proposed amendment is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Section 4-700, School Land Dedication Standazds, of Chapter II of the Eagle County Land Use Regulations, is hereby amended, effective October 16, 2003, to read as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, these amendments of Section 4-700, School Land Dedication Standazds, of Chapter II 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, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, be declazed 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. 3 C~ 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_~~gmmissioners of the County of Eagle, State of Colorado, at its regular meeting held the ''~~ day of September, 2003, nunc pro tunc to the 2°d day of September 2003. ATTEST: By: ~ Teak J. Sim nton Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS Tom C. tone, Commissioner Commissioner '~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher - ~~~~ Commissioner Arn M. Menconi Commissioner Tom C. Stone This Resolution passed by ~ .3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 Arn M. Menconi, Commissioner r EXHIBIT "A" SECTION 4-700 SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 30-28-133(4)(a), C.R.S., 1973, as amended, the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools, when such are reasonably necessary to serve the proposed subdivision and the future residents thereof, as determined by Eagle County, based upon the School District's long range capital plan and evidence of the impact of the subdivision on the District, by applying the formulas set forth herein. (am OS/15/01) 1. Single-Family Units. Number of units X 0.0151= dedication requirement in acres. 2. Duplex and Multi-Family Units, excluding Townhouse Units. Number of units X 0.0025 =dedication requirement in acres. 3. Townhouse Units, Defined as Multi-Family Units Where Each Unit is Located on a Separate Platted Lot. Number of units X 0.0054 =dedication requirement in acres. 4. Mobile Home Units. Number of units X 0.0151= dedication requirement in acres. B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site, it shall be that which is usable by the respective School District for such purpose, as detenmined by Eagle County, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to dedication that such school site is not reasonably necessary, the Board may, at the request of the School District, sell such land in accordance with Colorado Statute. (am 9/15/01) C. Cash-in-Lieu of Land Dedication. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the current full market value of such sites and land area for schools. The Board of County Commissioners shall determine the amount of such payment after considering information and testimony presented at the hearing for the final plat. (am 9/15/01) Page 1 of 2 a 1. Appraisal of Land to Be Subdivided. The subdivider shall provide, as part of the application for the final plat, an appraisal of the land area to be platted, prepared by an appraiser licensed or certified in Colorado, of the current full market value of the land area being platted. The appraisal report shall be completed as a Summary Appraisal Report using the mazket approach to appraisal, and shall be dated no more than six (6) months prior to the date of application for the final plat. Full market value shall be based on anticipated mazket value after completion of platting. (am 9/15/01) 2. Money Shall Be Held By the Board. When money in lieu of land is required or when monies have been paid to the Boazd from the sale of such dedicated sites for schools, it shall be held by the Boazd for the acquisition of reasonably necessary sites for the construction of school facilities or for the development of said sites. (am 9/15/01) D. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall apply only once to the same land azea. Dedications shall not be required of re-subdivisions of the same land when a dedication has previously been made. E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final Plat stage. Page 2 of 2