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HomeMy WebLinkAboutR12-052 Land Use Regulations Amendment EAGLE COUNTY. CO 201209944 TEAK J SIMONTON Pgs: 96 10 :49 :17AM 05/16/2012 AEC: $0.00 DOC: 11 101 111 ilillllIIIIIII 1 IU 1IU 1 i i1UI 101 I 1II S moved adoption of the following Resolution BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF mm COLORADO RESOLUTION NO. 2012- V 5 1, Eagle County File No. LUR -3398 IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO: 1) Revise inconsistent language throughout Article 5 of the Land Use Regulations relating to findings on compliance of proposed new development with the Comprehensive Plan, Specialty Plans, and Future Land Use Maps; 2) Clarify that mailed and posted notice for comprehensive planning document amendments is not required. Legal published notice is required; 3) Eliminate language which prevents the Planning Commission or Board of County Commissioners from tabling land use applications for a period of time exceeding six months, either cumulatively or all at once; 4) Revise inconsistent language throughout Article 5 of the Land Use Regulations relating to Board of County Commissioner consideration of neighboring land uses when evaluating proposed new zone districts, subdivisions, Planned Unit Developments, and Special Use Permits to allow the Board to account for both currently existing land uses, as well as, permissible future land uses located on • adjacent and non - adjacent but impacted properties; 5) Clarify that Home Owners Associations or Property Owners Associations may apply for amendments to Planned Unit Developments on behalf of all individual property owners within the Planned Unit Development; 6) Provide the Board of County Commissioners with the latitude to grant variations to dimensional limitations and site development standards via the Special Use Permit process. 7) Require all subdivision plat and subdivision exemption survey applications be accompanied by a Computer Printout of Parcel Summaries. This information is necessary to verify that surveyed data `closes' within acceptable statutory tolerances. 8) Revise the Subdivision Exemption regulations to bring them into conformance with Senate Bill 35, which took effect on May 5, 1972. 1 • 201209944 1 OF 96 S moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012- 0 Eagle County File No. LUR -3398 IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO: 1) Revise inconsistent language throughout Article 5 of the Land Use Regulations relating to findings on compliance of proposed new development with the Comprehensive Plan, Specialty Plans, and Future Land Use Maps; 2) Clarify that mailed and posted notice for comprehensive planning document amendments is not required. Legal published notice is required; 3) Eliminate language which prevents the Planning Commission or Board of County Commissioners from tabling land use applications for a period of time exceeding six months, either cumulatively or all at once; 4) Revise inconsistent language throughout Article 5 of the Land Use Regulations relating to Board of County Commissioner consideration of neighboring land uses when evaluating proposed new zone districts, subdivisions, Planned Unit Developments, and Special Use Permits to allow the Board to account for both currently existing land uses, as well as, permissible future land uses located on adjacent and non - adjacent but impacted properties; 5) Clarify that Home Owners Associations or Property Owners Associations may apply for amendments to Planned Unit Developments on behalf of all individual property owners within the Planned Unit Development; 6) Provide the Board of County Commissioners with the latitude to grant variations to dimensional limitations and site development standards via the Special Use Permit process. 7) Require all subdivision plat and subdivision exemption survey applications be accompanied by a Computer Printout of Parcel Summaries. This information is necessary to verify that surveyed data `closes' within acceptable statutory tolerances. 8) Revise the Subdivision Exemption regulations to bring them into conformance with Senate Bill 35, which took effect on May 5, 1972. 1 9) Revise the Land Use Regulations, cover -to- cover, to replace all references to the `Community Development Department' or `Community Development Director' with `Planning Department' and `Planning Director', respectively. 10) Edit regulatory language to correct formatting, misspellings, and otherwise intended to provide clarity. 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 has experienced 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 will place significant additional demands on the natural and human -made environment alike; and WHEREAS, future further land development in the County will threaten 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 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 -3398, applicable to all new land use applications received by Eagle County Community Development Department, as well as, all active, in process, land use applications which have not yet received vesting EFFECTIVE May 8, 2012; 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 2012, nunc pro tune to the 8th day of May 2012. 2 COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF ATTEST: -. COUNTY COMMISSIONERS A By: l , rj-r <. * , y, T J. Simonto C 'O Peter F. Runyon, Chairman Clerk to the Board of County Commissioners By: •, 111 J4 ''' avney, Commis • e I •:r By: S Lui Ad Sara J. Fisher, ssioner Commissioner �1 41 V-1 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Sk--c 1 Commissioner Jon Stavney 4 Commissioner Sara J. Fisher y a " v This Resolution passed by / V vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 EXHIBIT `A' EAGLE COUNTY LAND USE REGULATIONS Chapter I through Chapter VI inclusive: Amended to replace all references to the `Community Development Department' or `Community Development Director' with `Planning Department' and `Planning Director' Chapter 2, Article 5, Administration: ARTICLE 5 ADMINISTRATION Sections 5-100 throne* 5 -200 -- NO CHANGES PROPOSED SECTION 5 -210. PROVISIONS OF GENERAL APPLICABILITY A. Application Forms. All applications for development permits shall be submitted with the applicable County forms, which shall be available from the Planning Department. No application shall be considered complete for review unless the requested number of copies of all required materials is submitted in sufficient detail for the Planning Director to determine whether the application complies with the substantive requirements of these Land Use Regulations. B. Fees. All applications shall be accompanied by the applicable fee required by the County fee schedule. The fee schedule shall be established and may be revised from time to time by the Board of County Commissioners. Its purpose shall be to defray the costs of processing applications. The fee schedule shall be available for review in the Planning Department during normal business hours. C. Pre - application Conference. 1. General Overview. A pre - application conference is mandatory prior to the submission of Sketch Plan, Preliminary Plan, Special Use Permit, Zone Change, Amended Final Plat, Minor Type B Subdivision proposing the subdivision of unimproved property and Minor Type A Subdivision applications. The purpose of a pre - application conference is to familiarize the applicant with those provisions of these Land Use Regulations applicable to the proposed development and to confirm that the development review procedures will be consistent with Colorado law. (am. 05/01/07) 2. Initiation of Pre - application Conference. An applicant requesting a mandatory pre - application conference shall make a request for a pre - application conference with the Planning Director. Along with the request for the pre - application conference, the applicant shall provide to the Planning Director a description of 4 the character, location, and magnitude of the proposed development and the type of development permit sought. 3. Scheduling of Pre - application Conference. The Planning Director shall schedule a pre - application conference within ten (10) working days of receipt of a request for a pre - application conference, and shall notify the applicant of the time, date, and place of the pre - application conference. (am. 05/01/07) 4. Pre - application Conference. At the pre - application conference, the applicant, the Planning Director, and any other County staff and/or State and/or federal representatives the Planning Director deems are appropriate to attend the pre - application conference, shall discuss the proposed development, and based upon the information provided by the applicant and the provisions of these Land Use Regulations, determine in general what provisions of these Land Use Regulations apply to the proposed development. The pre- application meeting must occur within two (2) months prior to the formal application. (am. 12/16/08) 5. Written Summary. Within five (5) working days of completion of the pre - application conference, the Planning Director shall mail to the applicant a written summary of the pre- application conference. (am. 05/01/07) D. Common Procedure for Review of Applications. Unless otherwise stated in this Article, the submission of an application for, determination of the completeness of, staff review of, and notice and scheduling of public hearings on all applications for development permits shall comply with the procedures of this subsection. 1. Initiation. Applications for development permits shall be submitted to the Planning Director by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent. a. Applicant is Not the Owner. If the applicant is not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. b. Applicant is Not the Sole Owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other owners or an association representing the owners consenting to or joining in the application for development permit. 2. Minimum Contents of Application. The application shall be submitted in a form established by these Land Use Regulations and made available to the public. All applications shall include, at a minimum, the following materials: a. Applicant's Identity. The applicant's name, mailing address, telephone, email address and fax number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, mailing address, telephone, email address and fax number. (am 05/01/07) 5 b. Legal Description. The legal description and street address, if such exists, of the parcel on which development is proposed to occur. c. Disclosure of Ownership. A disclosure of ownership of the parcel on which the development is to occur, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements that run with the land. The disclosure of ownership shall be in the form of a current certificate from a title insurance company (title commitment), or ownership and encumbrance report. The title commitment or ownership and encumbrance report shall be dated within two (2) months prior to formal application submittal. (am 05/01/07) (am. 12/16/08) d. Vicinity Map. An eight and one -half inch by eleven inch (8 'A" x 11") vicinity map, locating the subject parcel within Eagle County. The map shall, at a minimum, have a scale bar and clearly identify the subject parcel(s) and the nearest public road. (am. 12/16/08) e. Written Description. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards applicable to the application. f. Environmental Impact Report, when applicable. (See Section 4 -460). g. Adjacent Property Owners. A list of all adjacent property owners, compiled by the applicant using the most recent County ad valorem tax rolls, is required for all applications and shall be submitted to the Planning Director as part of the application for development. In addition to submitting a written list, the applicant shall also submit typed addresses on individual adhesive labels or in the form of pre- addressed envelopes. Hand written labels or envelopes are unacceptable. (am 9/27/99) (am 05/01/07) (am. 12/16/08) h. Additional Requirements. Submittal requirements as outlined in the specific development permit section of these Land Use Regulations. 3. Determination of Sufficiency. Within ten (10) working days of receipt of the application, the Planning Director shall determine if the application is sufficient and includes data in adequate detail to evaluate the application to determine whether it complies with the appropriate substantive requirements of these Land Use Regulations. Final Plat, Amended Final Plat, and Minor Type B Subdivision applications shall not be subject to Section 5- 210.D.3.c. (am 05/01/07) (am. 12/16/08) a. Determined Insufficient. If the Planning Director determines the application is insufficient, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty (60) calendar days, the application shall be considered withdrawn and returned to the applicant. The applicant may appeal the Planning Director's 6 determination to the Board of County Commissioners pursuant to Section 5 -2400 of these Land Use Regulations. (am 05 /01/07) b. Determined Sufficient. The Planning Director shall notify the applicant, in writing, when the application has achieved sufficiency. Depending on the application, the Planning Director may simultaneously request a specified number of application copies for referral purposes. For Final Plat, Amended Final Plat, and Minor Type B Subdivision applications, referral copies may not be necessary, and the application may be scheduled for hearing pending review of the final, executed Mylar. (am 05/01/07) c. Determined Complete. Once the Planning Director has received the requested number referral copies, the application shall be deemed complete. (orig. 05/01/07) (am. 12/16/08) d. Referral Mailing. Within five (5) calendar days from the date that the requested number of referral copies is received by the Planning Department, the Planning Director shall mail the application materials provided to the appropriate review agencies. (am 12/16/08) e. Referral Time Period. The length of the referral period shall be a minimum of twenty -one (21) calendar days for : Sketch and Preliminary Plans for Subdivision; Minor Type `A' Subdivisions; Sketch and Preliminary Plans for PUD; PUD Amendments; Zone Changes; Special Use Permits; Variances, and 1041 Permits. The length of the referral period shall be fourteen (14) calendar days for: Final Plats; Minor Type `B' Subdivisions; Amended Final Plats; Exemption Plats; and Special District Service Plans. (am 12/16/08) The length of the referral period shall be thirty (30) calendar days for any amendments or changes to these Land Use Regulations or Building Resolution. (am 12/16/08) The length of the referral period for any other type of application not listed herein shall be determined, as applicable, on a case -by -case basis by the Planning Director. (am 12/16/08) 4. Post Referral Period Stakeholder Meeting. a. Within ten (10) working days following completion of the referral period as delineated in Section 5- 210.D.3.d, Referral Process, if the referral response(s) disclose deficiencies, the Planning Director or assign will schedule a stakeholder meeting with the applicant including any other County staff and/or any other applicable agency representatives the Planning Director deems appropriate, to discuss all identified concerns of the Planning Department, as well as, each referral response received and the applicant's necessary course of action to adequately respond to and remedy all concerns, deficiencies and recommendations set forth in the referral responses received. (am 12/16/08) b. Within ninety (90) calendar days, the applicant shall respond to and/or remedy all concerns, deficiencies and recommendations set forth in the referral responses received and shall submit a thorough response to the Planning Director or assign. If the applicant fails to submit a thorough response within ninety (90) days and has not communicated a viable reason for delay to the Planning Director or assign, then the application shall be considered withdrawn and returned to the applicant. (am 12/16/08) c. Within ten (10) working days following receipt of the applicant's response the Planning Director or assign and any other County staff and/or any other applicable agency representatives that provided referral responses shall review the resubmitted application materials and prepare written comments for the applicant clearly delineating what, if any, outstanding concerns, deficiencies and unsatisfied recommendations remain. (am 12/16/08) The written comments shall also clearly delineate which outstanding concerns, deficiencies and recommendations identified in the referral responses received have been acceptably addressed or resolved. (am 12/16/08) d. Within ninety (90) calendar days, the applicant shall respond to and/or remedy all concerns, deficiencies and unsatisfied recommendations remaining as set forth in the written comments provided and shall submit a thorough response to the Planning Director or assign. If the applicant fails to submit a thorough response within ninety (90) days and has not communicated a viable reason for delay to the Planning Director or assign, then the application shall be considered withdrawn and returned to the applicant. (am 12/16/08) e. Steps `c' and`d' above shall be repeated until such time that all of the initially provided referral responses have been addressed or resolved to the satisfaction of the Planning Director. (am 12/16/08) f. Once all outstanding concerns, deficiencies and recommendations identified in the referral responses received have been acceptably addressed and/or resolved, the application shall be scheduled for the next available public hearing for which proper notice of public hearings can be achieved as delineated in Section 5- 210.E, Notice of Public Hearings. (am 12/16/08) g. In the event that the Planning Director and the applicant are not able to resolve deficiencies as delineated in Section 5- 210.D.4.a., above, regarding acceptable resolution of Planning Department concerns and the referral responses received then the applicant may request, in writing, that the application be scheduled for the next available public hearing. The applicant shall have the right to request, in writing, that the application be scheduled for the next available public hearing for which proper notice of public hearings can be achieved as delineated in Section 5- 210.E, Notice of Public Hearings at any point in the process following 8 the initial stakeholder meeting as delineated in Section 5- 210.D.4.a., above. (am 12/16/08) If an applicant requests, in writing, that the application be scheduled for the next available hearing prior to resolution of the referral responses received to the satisfaction of the Planning Director, it is understood by the applicant that the Staff Report shall describe, in detail, all outstanding deficiencies and whether the application complies with all appropriate standards of these Land Use Regulations. The Staff Report shall also recommend any changes in the development and/or conditions for approval necessary to bring the development into compliance with the appropriate review standards, or disapproval. Conditions for approval, if necessary, are intended to eliminate any areas of noncompliance or mitigate any adverse effects of the proposed development. (am 12/16/08) h. Upon the scheduling of public hearing dates, or at the submission of the written request as delineated in Section 5- 210.D.4.g above, no new additional or altered information may be submitted by the applicant. (orig. 12/16/08) 5. Staff Report by Planning Director. The Planning Director shall prepare and distribute a detailed Staff Report evaluating the application to the applicant and make the report available to the public no later than five (5) calendar days before the first scheduled public hearing on the application. The Staff Report shall describe whether the application complies with all appropriate standards of these Land Use Regulations; it shall also recommend any changes in the development, as submitted, and the conditions for approval, if any, necessary to bring the development into compliance with the appropriate review standards, or disapproval. Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the proposed development. (am 12/16/08) 6. Scheduling of Public Hearing(s). The Planning Director shall ensure that the appropriate public hearing or public hearings on the application shall be scheduled pursuant to Section 5- 210.E., Notice of Public Hearings, for a regularly scheduled meeting or a meeting specially called for that purpose by the decision - making, administrative, or advisory body reviewing the application. The first public hearing shall be scheduled no later than sixty (60) days after the application has been determined to be complete, providing sufficient time for a Staff Report to be prepared, and for the public notice requirements to be satisfied. (am 9/27/99) (am 12/16/08) E. Notice of Public Hearings. All proposed amendments or updates to the Comprehensive Plan and any applications for development permits that require public hearings, unless otherwise noted, shall follow the provisions of this subsection with regard to public notice and the conduct of such public hearings. Minor Subdivisions shall comply with the provisions of this subsection except that Type Minor B Subdivisions are exempt unless the application is for the creation of three (3) or fewer lots from otherwise unimproved land. The Planning Director shall be responsible for: (1) placing notice in the newspaper; (2) mailing notice to adjoining landowners; and (3) furnishing a copy of the sign to the applicant. The applicant shall be responsible for: (1) providing the Planning 9 Director with a list of adjacent landowners from the most recent County ad valorem tax rolls; (2) paying for the costs of publishing notice and mailing notice; (3) posting the sign(s) on the property; and (4) submitting an affidavit that notice was properly posted on the property. (am 9/27/99), (am 3/12/02) (am.11 /08/05) (am XXXXXXI 1. Notice in Newspaper. All proposed amendments or updates to the Comprehensive Plan and applications for development permits, with the exception of Final Plats, Amended Final Plats, Subdivision Exemptions, Minor Type B Subdivisions, and Limited Review Applications, shall be advertised in the legal notice section of an official County newspaper. Notice of an application for amendments to the text of these Land Use Regulations or the Zoning District Map, amendments to the Comprehensive Plan and all development permits requiring a public hearing except those for Subdivision shall be published no less than fourteen (14) calendar days prior to the date of the first public hearing. Notice of an application for a Sketch Plan or Preliminary Plan for Subdivision shall be published a minimum of twenty -one (21) days before the Planning Commission public hearing and thirty (30) days before the Board of County Commissioner's public hearing. In the event the Planning Commission tables a file beyond the original Board of County Commissioners published hearing date, the file must be re- advertised a minimum of 15 days prior to the reestablished Board of County Commissioners hearing unless the Board of County Commissioners at such hearing tables the file to a date certain. (am. 3/12/02) (am.11 /08/05) (am 12/16/08) (am X,XX.XXAX) Notices shall contain the following information: a. Type of Application. The type of application sought: i.e. amendment to the Official Zone District Map, amendment to the text of these Land Use Regulations, Planned Unit Development (PUD) District, Special Use Permit, Variance Permit or Subdivision. b. Description of Action. A short description of the proposed action requested. c. Location of Land. The common street address and part of the County (name of community, where applicable) of the land subject to the application, a general legal description of the land, and a description of the area (size) of the land. d. Location, Date, Time. The location, address, date, and time of the public hearing. e. Where Information May be Obtained. Information on where the full details of the application may be obtained including, if it is a proposed amendment to the Official Zone District Map or the text of these Land Use Regulations, the place where the text or the map may be examined. 2. Mailed Notice. A notice containing all the information required under Section 5- 210.E.1., Notice in Newspaper, shall be sent by mail, first -class postage prepaid, to all landowners of the land subject to the application and all adjacent landowners of the land subject to the application no less than fifteen (15) 10 calendar days prior to the public hearing. All applications, except for those associated with amendments or updates to the Comprehensive Plan, Minor Type B Subdivisions involving the subdivision of condominiums, patio homes, townhomes and duplexes, shall comply with this section. (am 3/12/02) (am 12/16/08) (am X,XX.'XXXA) 3. Posted Notice. All lands subject to a public hearing except for those associated with amendments or updates to the Comprehensive Plan, Minor Type B Subdivisions involving the subdivision of condominiums, patio homes, townhomes and duplexes, and Limited Review Applications, shall be posted with at least one (1) notice (a sign) of the public hearing at least fifteen (15) calendar days prior to the public hearing. The dimensions of the sign(s) shall be a minimum of two (2) feet by three (3) feet. The sign(s) shall state the type of application sought for the land, the Eagle County file name, and number, and that more detailed information is available about the application in the Planning Department. Signs are available in the Department of Planning during regular business hours. (am 3/12/02) (am 12/16/08) (am X/ \X /.1XXa) The sign(s) shall be set back no more than twenty -five (25) feet from the street, and shall be erected in full view of the public on each street side of the land subject to the application. Where the land does not have frontage on a public or private street, the sign(s) shall be erected on the nearest street right -of -way with an attached notation indicating generally the direction and distance to the land subject to the application. The materials to which the sign(s) is affixed shall be sturdy and waterproof or shall have a waterproof covering. The posting of such sign(s) will be the responsibility of the applicant, and applicant shall make every reasonable effort to maintain a sign upon the property for the duration of the posting period. Prior to public hearing , the applicant will provide a sworn certification that such notice was posted on the property in accordance with these guidelines, and that property has remained so posted for the required number of days prior to the public hearing. The sign(s) shall be removed after the decision is rendered on the application. The failure of any such posted notice to remain in place after the notice has been properly posted, without the applicant's knowledge and despite applicant's reasonable efforts to maintain the sign(s), shall not be deemed a failure to comply with the standards, or be grounds to challenge the validity of any decision made on the application. (am 9/27/99) F. Public Hearing Procedure. A public hearing held pursuant to these Land Use Regulations shall comply with the following procedures. 1. Examination and Copying of Documents. At any time upon reasonable request during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Department. Copies of such materials shall be made available upon reasonable notice, and payment of a fee for copying pursuant to the County's fee schedule. 2. Request for Notification of Public Hearing. Notification of all public hearings shall be provided by the Planning Director to any person who requests 11 notification in writing from the Planning Director, and pays the costs of the processing and mailing of the notification. 3. Staff Report. A Staff Report shall be available to the applicant and the public at least five (5) calendar days prior to the public hearing. The Staff Report shall address each standard/finding required to be considered by these Land Use Regulations prior to approval of the application, and recommend approval, approval with conditions, or disapproval, whichever is appropriate. 4. Site Visit. As part of its hearing to consider the application for development permit, the advisory or decision - making body may inspect the site of the proposed development. Upon reasonable request of the Planning Director, the applicant shall mark the development site before the site visit to locate property boundaries, building envelopes and other site development features. 5. Conduct of Public Hearing. The conduct of a public hearing shall comply with the following procedures. a. Rights of All Persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Upon request of the Chairman, anyone representing an organization shall present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of an organization, state the name and mailing address of the organization. b. Order of Proceedings. The Chairman conducting the public hearing may exclude testimony or evidence that is found to be irrelevant, immaterial or unduly repetitious. The order of the proceedings shall be as follows: (1) Description. The Planning Director shall present a narrative and/or graphic description of the application. (2) Staff Report. The Planning Director shall present a Staff Report which includes a written evaluation. This evaluation shall address each standard required to be considered by these Land Use Regulations prior to approval of the application. (am 12/16/08) (3) Applicant Presentation. The applicant shall present any information the applicant deems appropriate. (4) Public Testimony. Public testimony shall be heard. (5) Applicant Response. The applicant may respond to any testimony or evidence presented by the public. (6) County Staff Response. The Planning Director, or Planning Department staff, the County Attorney, and any other County 12 staff may respond to any statement made by the applicant or the public. c. Testimony. If any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing. • d. Continuance of Public Hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place. All continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown; however, no public hearing shall be continued for more than forty (40) days from the date of commencement of the public hearing without the written consent of the applicant. Under no circumstanccs shall an application be continucd for morc than six application. (am 12/16/08) (an? X /VX;:XXXX) e. Submittal of New Additional and/or Revised Information. When an application is tabled for the purpose of allowing the applicant opportunity to respond to concerns delineated by the body conducting the public hearing, staff or any other person then, new additional and/or revised information shall be submitted to County staff no later than 15 working days in advance of the continued public hearing date. (orig. 12/16/08) f. Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision - making body. g. Record. (1) Recording of Public Hearing. The body conducting the public hearing shall record the public hearing by any appropriate means, including transcription, audiotape, or videotape. A copy of the public hearing record may be acquired upon reasonable notice by any person upon application to the Planning Director and payment of a fee to cover the costs of duplication of the record, pursuant to the Eagle County fee schedule. (am 9/27/99) (2) The Record. The written or taped record of oral proceedings, including testimony and statements of personal opinions, the minutes of the Clerk, all applications, exhibits and papers submitted in any proceeding before the decision - making, administrative, or advisory body, the Staff Report and the decision of the body shall constitute the record. 13 (3) Location of Record/Inspection. All records of decision - making, administrative, or advisory bodies shall be public records, open for inspection. Persons may determine the location of particular records by coming to the offices of the Planning Director during normal business. G. Actions by Decision - Making, Administrative, and Advisory Bodies. All decision - making, administrative, and advisory bodies and persons shall act in accord with the time limits established in these Land Use Regulations. 1. Findings. All decisions shall include at least (a) a clear statement of specific findings of fact and a statement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in these Land Use Regulations; and (b) a clear statement of approval, approval with conditions, or disapproval. 2. Notification. Notification of a decision - making or administrative body's decision shall be provided by the Community-Development Planning Director to the applicant by mail. A copy of the decision shall also be made available to the applicant at the offices of the Planning Department, during normal business hours, within a reasonable period of time after the decision. (am x(X ('AXX ) 3. Substantial change from Planning Commission Recommendation. a. Submittal to Planning Commission/Public Hearing. If, after the initial public hearing on an application for an amendment to the Official Zone District Map or the text of these Land Use Regulations or an application for Preliminary Plan for PUD, the Board of County Commissioners proposes to consider approval of an application that constitutes a substantial change in or departure from the initial application recommended by the Planning Commission which is not made solely to satisfy Planning Commission recommendations or conditions, the matter c,hall may, at the discretion of the Board of County Commissioners. be submitted back to the Planning Commission for consideration at a public hearing. Public notification shall be provided pursuant to Section 5- 210.E., Notice of Public Hearings, and the public hearing shall be conducted pursuant to Section 5- 210.F., Public Hearing Procedure. The Planning Commission shall consider the matter within thirty (30) calendar days of its submission from the Board of County Commissioners. At the public hearing, the Planning Commission shall consider the submitted materials, any Staff Report, and the testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Board of County Commissioners either to approve or disapprove the application based on the standards applicable to the application and forward the application back to the Board of County Commissioners. (am ,t %VX XX) b. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct another public hearing on the application. Public notification shall be provided pursuant to Section 5- 210.E., Notice 14 of Public Hearings, and the public hearing shall be conducted pursuant to Section 5- 210.F., Public Hearing Procedure. 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 the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall approve or disapprove the application based on the standards applicable to the application. The Board of County Commissioner's determination shall be memorialized by Resolution, adoption of which shall constitute final action of the Board of County Commissioners on the application. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the application. (am 04/04/06) (am XGIX/YXXX) H. 4. Dormant Applications. Any land use application request that has been dormant for a period of ninety (90) calendar days, without a substantive and sufficient response by the Applicant to pending requests by the County for additional information and other changes in the application, or other, similar failure of the Applicant to demonstrate due diligence in pursuing the application in a timely manner without communicating a viable reason for delay to the Planning Director or assign, shall be deemed to be formally withdrawn. The land use application file and its contents will be archived or returned to the applicant. (orig. 12/16/08) (ain X/ X.!aXXX) 1E H. Extinguishment of Approvals. If a Preliminary Plan for PUD, Preliminary Plan for Subdivision, or a Special Use Permit is not extended pursuant to the applicable procedures for that type of application, then the Board of County Commissioners shall initiate a hearing pursuant to the following procedures to determine whether to extinguish the approved Preliminary Plan for PUD, Preliminary Plan for Subdivision, or Special Use Permit. ! .. .. . • . - . - - . - .. _ - - - . . . - - - - _ ' - -- ... • .. - ... . . (am. XX%V 2011) 1. Establishment of hearing date before Hearing Officer. This process shall be initiated by the Board of County Commissioners directing the Planning Director to notify the permittcc permitted person by mail and at least thirty (30) calendar days in advance that a hearing has been scheduled before a Hearing Officer on whether the applicable approval should be extinguished. 2. Hearing by Hearing Officer. At the hearing before the Hearing Officer, the County shall be represented by the Planning Director or his dclagee delegate and the applicant shall be- represented by himself or his representative. All evidence shall be presented under oath, and the parties involved shall be permitted to cross - examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth below. 3. Findings of the Hearing Officer. Within thirty (30) calendar days of the close of the hearing, the Hearing Officer shall prepare recommended findings of fact and a proposed order for consideration by the Board of County Commissioners. The findings and recommendations of the Hearing Officer shall be based on the 15 evidence submitted and the standards in Section 5 -210 H.S., Standards. The Hearing Officer's recommended findings of fact and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing. 4. Action by Board of County Commissioners. The Board of County Commissioners shall schedule a hearing on the application within thirty (30) calendar days of the date the Hearing Officer issues the recommended findings of fact and proposed order. The Planning Director shall provide the applicant and adjacent landowners at least twenty (20) calendar days' notice of the hearing by mail. At the hearing, the Board of County Commissioners shall approve, approve with conditions, or disapprove the findings of fact and proposed order of the Hearing Officer, based on the standards below. If the Board of County Commissioners attaches conditions, modifies, or reverses the findings of fact or proposed order, it shall do so only when the record of the hearing indicates that the Hearing Officer is unsupported by the record, or that the proposed order is not in conformance with the standards below. 5. Standards for Extension of Land Use Application Approval. A Sketch Plan for PUD, Preliminary Plan for PUD, Sketch Plan for Subdivision, Preliminary Plan for Subdivision, Final Plat for Subdivision, or a Special Use Permit for which an extension has not been granted shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was beyond the applicant's with these Land Usc Regulations and the Comprehensive Plan; and there a. Beyond the applicant's control; b. The development is not speculative in nature; c. The development complies with these Land Use Regulations and the Comprehensive Plan; and c1. There is reasonable likelihood the next step in the development application will be submitted, or the development itself will be initiated in the next two (2) years. (ant. 11/08/05) (am X /tX/.1XXX) 6. Reversion to Former Zoning. When a Preliminary Plan for PUD is extinguished, the Board shall concurrently initiate and amend the Official Zone District I'Lip to the zone district classification of' the land that was in Effect prior to the time that the Preliminary Plan . for PUD was originally approved. The Board of County Commissioners shall consider the requirements of Section 24- 67 -106.1 Colorado Revised Statutes prior to ordering any PUD Plan extinguished and shall make any finding required by law prior to extinguishing the .PUD Plan. Should the Board find that extinguishment of the plan is contrary to law, the plan shall not be extinguished. ((ant X, 1X /.XXX) I. Consolidation. This land development review process is intended to encourage the efficient processing of applications. Applicants may request, and the Planning Director may permit, the simultaneous submission and review of all necessary development 16 applications for a parcel of land. The Planning Director is authorized to waive any overlapping application submission requirements in the consolidated review. K J. Subsequent Permits. Development shall not be carried out until the applicant has secured all permits required by these Land Use Regulations. An applicant who obtains a development permit shall not have assurance the development will receive approval for subsequent permits, unless the relevant and applicable portions of these Land Use Regulations are met. L K. Successive Applications. Unless otherwise stated in this Division, whenever any application (except for a Certificate of Zoning Compliance) is denied by the Board of County Commissioners for failure to meet the substantive requirements of these Regulations, no application for the same or a similar development proposal shall be accepted or considered for all or a part of the same or substantially the same land for a period of one (1) year after the date of disapproval, unless the applicant can demonstrate to the Planning Director that there has been a change of circumstances or conditions that affect the proposed development, or unless a majority of the membership of the Board of County Commissioners determines that the prior disapproval was based on a material mistake of fact. Sections 5 — NO CHANGES PROPOSED SECTION 5 -230. AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONE DISTRICT MAP All amendments to the text of these Land Use Regulations or amendments to the Official Zone District Map shall meet the standards set forth in this Section. A. Purpose. The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. B. Initiation. 1. Map Amendment. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations may be proposed by the Board of County Commissioners, the Planning Commission, the Planning Director, or the owner or another person having a recognized interest in the land affected by a proposed amendment or their authorized agent. 2. Text Amendment. An application for an amendment to the text of these Land Use Regulations may be proposed by the Board of County Commissioners, the Planning Commission, the Planning Director, the owner or another person having a recognized interest in land in the unincorporated County or their authorized agent, or any citizen of the County. 3. Application Contents. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations or an 17 application for an amendment to the text of these Land Use Regulations shall contain the materials specified in Section 5 -210 D.2., Minimum Contents of Application, and the following additional materials: (am 04/04/06) a. Precise Wording. If the application is for an amendment to the text, the precise wording of the proposed change shall be provided. 4. Application Contents for a Map Amendment. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations shall contain the materials specified in Section 5 -210 D.2., Minimum Contents of Application, and the following additional materials: (orig 04/04/06) The Director of Planning may waive one or more of the submittal requirements when the submittal information would not be relevant to whether the Zone Change proposed complies with the approval criteria. a) Application filing fee pursuant to the current fee schedule; b) A companion Subdivision Preliminary Plan; companion Planned Unit Development Preliminary Plan; companion Minor Subdivision, or; companion Special Use Permit shall accompany all Zone Change Applications and shall become a condition of the zone change application. c) If the requested zone change is for a Planned Unit Development, the applicant shall also include a companion application for a Planned Unit Development Preliminary Plan as delineated under Chapter II, Section 5- 240 of the Eagle County Land Use Regulation and certification of notice to mineral estate owners of record pursuant to Section 24- 65.5 -103, Colorado Revised Statutes. Such notice shall include all information required by such statute, as well as the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing and the name of the applicant; d) A Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). e) of County Comprehensive Plan as more particularly dclineated under Scction 5 230.D.1, Consistcncy with the Comprehensive Plan, or thcn current plan and any othcr applicable code provision or ordinancc in effect; And, as applicable; 18 • - .... - . - ., : will fit with what thc applicant perceives as thc changing conditions in thc ar a. A statement of how the proposed zone change complies with Section 5- ?30.D. I.a. of these Regulations. (arn X,-XX. rezoning will be compatible with permissible surrounding land uses. A statement of how the proposed zone change complies' with Section 5- 230.D.I.b. of these Regulations. tam XXX /:tXX.X') g) Statements from public water and sewer utilities which indicate that they are able to provide service for the site. If public utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the uses permitted in the proposed zone district. h) An Engineering Geology Report/Geotechnical Study of the site proposed for Zone Change with a statement of the suitability of soils to support all uses allowed in the proposed zone district. If the Engineering Geology Report/Geotechnical Study indicates soils which present moderate or severe limitations to the construction of structures or facilities on the site, the applicant shall submit information which demonstrates that the limitations can be reasonably and practicably overcome. i) If road, intersection, or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district, the applicant shall supply information which demonstrates willingness and financial capability to upgrade the road or highway facilities in conformance with the County's road standards. In addition, the applicant shall provide information which demonstrates that no significant impact will occur to other roads, intersections or highway facilities as a result of the proposed change, with consideration given to all potential changes in the vicinity or how the applicant intends to mitigate the impact. j) If the proposed Zone Change is located within an Overlay District identified by maps officially adopted by the County, the applicant shall submit information which either documents how the County regulations concerning Overlay Districts have been satisfied or documents how the applicant intends to meet the requirements of the County regulations concerning Overlay Districts. 19 C. Procedure. 1. Review of Applications. The submission of an application for an Amendment, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for amendment to the Official Zone District Map or any other map incorporated in these Regulations or the text of these Land Use Regulations shall comply with Section 1.15 of these Land Use Regulations and those procedures established in Section 5- 210.D, Common Procedure for Review of Applications, deemed applicable by the Planning Director. (am.11 /08/05) 2. Review and Recommendation of Planning Commission. The Planning Commission shall conduct a public hearing on an application for amendment to the Official Zone District Map or any other map incorporated in these Regulations or on an application for an amendment to the text of these Land Use Regulations. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Board of County Commissioners either to approve or disapprove the application based on the standards in Section 5 -230.D and forward the application to the Board of County Commissioners. 3. Action by Board of County Commissioners. a. General. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing the application. 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 the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners by a majority vote of the quorum present, shall either approve or disapprove the application based on the standards in Section 5- 230.D. However, if the Planning Commission has recommended disapproval of a zone change application the zone change application shall only be approved by a majority vote of the entire membership of the Board of County Commissioners. Any amendment to the Official Zone District Map or any other map incorporated in these Regulations or the text of these Land Use Regulations approved by the Board of County Commissioners shall be adopted by Resolution. (am.04/04/06) D. Standards for Zone Change. L No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and the following standards: (am.04/04/06) 20 0. Consistency Conformance with the Comprehensive Plan. Dees the Comprehensive Plan, all ancillary County adopted Specialty and policies, implementation strategies and Future Land Use Map designations including -but not necessarily limited to the following: The proposed change in zoning is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan, including but not limited to: (am X /XX iXX. ) Section 3.2 General Development Policies a, c, e, f, g, h, i and k Section 3.3 Economic Resources Policies b, c, d, e, f, h, j, mando Section 3.4 Housing Policies a, d, e, g and n Section 3.5 Infrastructure and Services Policies a, c, g, i, j, k, m and o Section 3.6 Water Resources Policies a, b, c, d, e, f, g, h and i Section 3.7 Wildlife Resources Policies a, b, c, d, e, f and i Section 3.8 Sensitive Lands Policies a, c, e and g Section 3.9 Environmental Quality Policies a, c and d Section 3.10 Future Land Use Map Policy a Adopted Arcs Community Plans All relevant goals, application for zone change: b. The proposed change in zoning is in substantial conformance with the goals, policies and intents of any applicable Area Community Plana. c. The proposed change in zoning is in substantial conformance with the goals, policies and intents of any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management; including but not limited to: (am XiXXi.1 XX 1) Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan (Roaring Fork) Eagle County Comprehensive Housing Plan Local Resident dousing Guidelines Eagle County Airport Sub -Area Master Plan 2. Compatible with Surrounding Uses. Does The proposaled change in zoning is provide eempatibility compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property.? 21 Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing or permissible uses neigheedieed(3) surrounding the subject property. (am.04/04/06) (am X /XX/kXX %) 3. Public Benefit. Dees The proposaled change in zoning addresses 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-medal transportation efficiencies, public recreational opportunities; infrastructure improvements; preservation of lands of high conservation value, senior housing, or medical facilities.. _ • • • - . . . (am.04/04/06) (am X' X /IXXX) 4. Change of Circumstances. Dees The proposaled change in zoning addresses or responds to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community.?-(am. 04/04/06) ((am X /_VX'XXX) 5. Adequate Infrastructure. Ti .The property subject to the proposaled change ` q osa�ed th c in P P Y J p P � zoning is, or may he served by adequate roads, water, sewer and other public use facilities .q (am.04/04/06) (am XiXX /XXXt) E. Zone Change Conditions of Approval. The Board of County Commissioners may establish conditions for any approval of a change in zoning as deemed necessary to ensure that the justification and standards for the zoning change will be satisfied. (orig. 04/04/06) F. Resubmittal If Zone Change Is Denied. If a request for a zone change is denied, no person may submit a request to change the zoning of the same property within one year from the date of such denial. (orig. 04/04/06) SECTION 5 -240. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT A. Purpose. The purpose of the Planned Unit Development (PUD) zone district is to permit variations from the strict application of the standards of the County's other zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of these Land Use Regulations. This is done through the application of performance standards that: 1. Permit Integration of Uses. Permit the integration, rather than separation of uses, so that necessary facilities are conveniently located in relation to each other; 2. Efficient Land Use Patterns. Establish land use patterns that promote and expand opportunities for public transportation and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve energy; 22 3. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural hazard areas; 4. Maintain Water Quality and Quantity. Maintain and enhance surface and ground water quality and quantity; 5. Contribute to Trails System. Provide applicants the opportunity to contribute to the County's multi -use trail system and maintain access to public lands and rivers; 6. Incentives for Affordable Housing. Establish incentives for applicants to encourage the provision of long term affordable housing; and 7. Comprehensive Plan. • - ' _I! . . - • - . . • - - - ... • , . . • _ .. ' . _ _ the POD shall he in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. fans X /XX tXXa7 B. Authority. This Section is adopted pursuant to Sec. 24 -67 -101, et. sec ., C.R.S., the Planned Unit Development Act of 1972. C. General Applicability. Before any development shall be designated as a Planned Unit Development (PUD) zone district on the Official Zone District Map, it shall receive approval pursuant to the terms of this Section. D. Minimum Land Area. There shall be no minimum land area limitation on the designation of lands with a Planned Unit Development (PUD) zone district designation, provided that a PUD designation should not be granted solely to permit variances for development of a single lot, building or use. E. Location. A Planned Unit Development (PUD) zone district designation may be established on any land located in unincorporated Eagle County that complies with all of the applicable standards of this Section. F. Procedure. 1. Overview of Development Review. An applicant proposing to develop a Planned Unit Development (PUD) shall obtain approval for a Sketch Plan and a Preliminary Plan for PUD pursuant to the procedures and standards of this Section. Following the approval of the Preliminary Plan for PUD, the applicant shall submit an application for Final Plat for Subdivision, in compliance with the requirements of Section 5 -280, Subdivision. a. Sketch Plan. The purpose of sketch plan review is for the applicant, the County and the public to evaluate and discuss the basic concepts for development of the proposed PUD, and to consider whether development of the property as a PUD will result in a significant improvement over its development as a conventional subdivision. It is the time when determinations should be made as to whether the proposed PUD 23 substantially complies with the purpose and intent of these Land Use Regulations and is in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management, and is generally compatible with the existing and currently permissible fiiture uses of adjacent land and other lands that may be substantially impacted. surrounding land uses. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space for development; the types of use, dimensional limitations and other variations that may be considered; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and whether water supply and sewage disposal will be provided via on -site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive approval for a Preliminary Plan for PUD from the County. (am.11/08/05) (am X,XXXXkX) b. Preliminary Plan. The purpose of preliminary plan review is for the applicant to respond to the issues and concerns identified during sketch plan review and to formulate detailed, properly engineered solutions to those issues and concerns that conform to the approved sketch plan. The preliminary plan stage is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. The preliminary plan shall include a guide to the development of the PUD (hereinafter, the "PUD Guide "), specifying the limitations that will guide the future development of the property. c. Zone District Map Amendment. The preliminary plan application shall be accompanied by an application for an Amendment to the Official Zone District Map, submitted pursuant to Section 5 -230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map. d. Subdivision. Where the PUD proposes activities that constitute a subdivision, the applications for Sketch Plan and Preliminary Plan for PUD shall also be required to meet the requirements of Section 5 -280, Subdivision, regarding procedures for Sketch Plan and Preliminary Plan for Subdivision, respectively. 2. Sketch Plan for PUD. a. Initiation. Applications for development permits for a Sketch Plan for PUD may be submitted at any time to the Planning Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for PUD is proposed, or their authorized agent. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: 24 (1) Reasons PUD procedure is more desirable than conventional plan. (2) Proposed land uses, commercial, industrial and multi - family building locations, residential densities, and commercial square footages. (3) Proposed vehicle circulation pattern indicating the status of street ownership. (4) Proposed pedestrian circulation, and links to other external path systems. (5) Proposed open space. (6) Proposed grading and drainage pattern. (7) Proposed method of water supply and sewage disposal. Including: Proposed water augmentation plan (if applicable); or an `ability to serve' letter from applicable water and/or wastewater provider. Information regarding existing water rights including, but not limited to: Evidence of ownership or right of acquisition of or use of existing and proposed water rights; historical use and estimate yield of claimed water rights; and Amenability of existing rights to a change in use. If the water supply is proposed to be an existing well, a copy of a current valid well permit and location map identifying the location of the existing well must be provided. If individual wells are proposed, an alternatives assessment performed by a qualified Registered Professional Engineer must be submitted and include the following minimum information: Anticipated dependability of source; anticipated yield of source; anticipated depth to groundwater; anticipated water quality; estimated cost of individual well construction; and anticipated rate of water delivery. If sewage disposal is proposed to be via on -site, Individual Sewage Disposal Systcm (ISDS) On -site Wastewater Treatment Systems (0 VTS), an alternatives assessment must be prepared by a qualified Professional Engineer evaluating the ability of the natural environment to support on -site systems with commensurate levels of sewage treatment, along with the physical ability of each property to support a site and an alternate site for wastewater disposal. The applicant must be prepared to estimate cost of installation and maintenance and state how the systems are proposed to be maintained. (am. 03/28/06) (am X' XLa'XXX) (8) Proposed PUD Guide setting forth the proposed land use restrictions. (9) Wildlife Analysis pursuant to Section 4 -410. (10) Geologic Hazards Analysis pursuant to Section 4 -420. 25 (11) Ridgeline Visual Analysis pursuant to Section 4 -450. (12) Conceptual Landscape Plan pursuant to Section 4 -220. (13) Environmental Impact Report pursuant to Section 4 -460. (14) Vegetation Management Plan pursuant to Section 4 -430. (orig. 12/17/02) (15) Any or all of the following requirements, as determined by the Planning Director, based on the complexity of the proposal: (a) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned; (b) Proposed schedule of development phasing; (c) Statement as to the impact of the proposed PUD upon the County school system; (d) Statement of estimated demands for County services; (e) Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; (f) Conceptual site plans, and conceptual architectural plans; (g) Proposed method of fire protection. Including information demonstrating a legal, adequate water supply for firefighting purposes; (am. 03/28/06) (h) Employee housing plan. b. Review of Applications. The submission of an application for Sketch Plan for PUD, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5- 210.D, Common Procedure for Review of Applications. c. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Sketch Plan for PUD. 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. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or 26 disapproval of the Sketch Plan for PUD, considering whether conceptually it is consistent with the applicable standards in Section 5- 240.F.3.e, Standards., : - . . . . - ... ' - - County Commissioncrs. (crm,kiXXXXkX) d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Sketch Plan for PUD. 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 the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing, the Board, by a majority vote of the quorum present, shall approve, approve with conditions or disapprove the application for Sketch Plan for PUD, considering whether conceptually it is consistent with the applicable standards in Section 5- 240.F.3.e, Standards. Action approving a Sketch Plan for PUD shall be by Resolution, adoption of which shall constitute final action of the Board of County Commissioners on the application. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Sketch Plan for PUD application. (am X%XXi_kXX ) e. Effect of Approval of Sketch Plan for PUD. (1) E€fect. Lunitation of Approval. Issuance Approval of a Sketch Plan for PUD shall be deemed to authorize the applicant to submit to the County an application for a Preliminary Plan for PUD. It shall not constitute final approval for the PUD. Sketch Plan for PUD approval vests no development rights. (am XXX /XXXX), (2) Where such Preliminary Plan departs from a condition of the Sketch Plan approval, the Applicant shall ident' any and all such inconsistencies and shall set forth its justification . for there. (orig. X%;1X1XXX) (2 3) Length of Approval. A Sketch Plans for PUD is valid for two (2) years from the date of its issuance. Thc Board of County frames do not change with successive owncrs. (ani x/X /xxxx (3 4) Expiration of Approval. Thc approval of a Skctch Plan for • u void unless a Preliminary Plan for PUD is approved by the :.. .. - . -.. •- - -e - approval of the Sketch Plan for PUD. 27 The Resolution for approval of a Sketch Plan for PUD by the Board of County Commissioners shall be null and void unless an application for a Preliminary .Plan for PUD is submitted and deemed sufficient by the Planning Director within two (2) years after the date of approval of the Sketch Plan fn PUD. rani X/PX'1XXX) (45) _ - -- • , - - - -- - - - Preliminary Plan for PUD was beyond the applicant's control Plan for PUD is not speculative in nature, thc Sketch Plan for PUD still complies with these Land Use Regulations and the Preliminary Plan for PUD will be developed in thc next two (2) • ... • . - :. - - : the cxtension is submitted to the Community Development Director no later than thirty (30) calendar days prior to thc date the Skctch Plan for PUD is to expire. The permit shall be deemed extended until thc Board of Failure to submit an application for an cxtension within thc time limits established by this Section shall render the Skctch Plan for PUD null and void. Extension of Sketch Plan Approval. Approval of a Sketch Plan hr PUD shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control: b. the development is not speculative in nature; c. The development complies with these Land Use Regulations and the Comprehensive Plan; and d. There is reasonable likelihood the next step in the development application will he submitted in the next two (2) years No request for extension shall he considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Sketch Plan for PUD is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request fir extension. (aam.11i08/'05) (am X/XX%XXXY) (5) _ _ ' _I! extended pursuant to Section 5 2'I0.F.2.e. (1), Extension, the 28 to the procedures and standards of Subsection 5 210.H. Extinguishment of Approvals, to determine whether to 3. Preliminary Plan for PUD. a. Application Contents. An application for a Preliminary Plan for PUD shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: (1) Overall development plan. (2) Application for zone amendment. (3) PUD guide setting forth the proposed land use restrictions and standards of development. (4) Wildlife Analysis pursuant to Section 4 -410. (5) Geologic Hazards Analysis pursuant to Section 4 -420. (6) Ridgeline Visual Analysis pursuant to Section 4 -450. (7) Detailed Landscape Plan pursuant to Section 4 -220. (8) Environmental Impact Report pursuant to Section 4 -460. (9) Vegetation Management Plan pursuant to Section 4 -430. (orig. 12/17/02) (10) Any other information required with Sketch Plan approval and the following application materials: (am. 03/28/06) a. Preliminary Utility Plan, pursuant to Section 4 -430, 4- 670, 4 -680 and 4 -690. Plans shall be prepared at the same scale as the Preliminary Plan including: (orig. 03/28/06) (i) Water Supply - If a central water supply and distribution system is to be provided, the details of the system shall be provided demonstrating that: (orig. 03/28/06) aa. Source - Adequate evidence prepared by a Registered Professional Engineer verifying that the quality and quantity of the water supply is sufficient to supply the subdivision proposed. Physical 29 evidence may be required including but not limited to: aquifer pump testing in addition to appropriate geotechnical studies or investigations (orig. 03/28/06) i. Evidence of ownership, right of acquisition or use of existing and proposed water rights. (orig. 03/28/06) ii. Final, water court- approved augmentation plan. (orig. 03/28/06) iii. Evidence confirming the potability of the proposed water supply for the subdivision. (orig. 03/28/06) iv. Evidence from the local fire jurisdiction confirming that the proposed water supply for firefighting purposes is sufficient. (orig. 03/28/06) bb. The nature of the legal entity which will own and operate the water system shall be provided as well as the proposed method of financing. (orig. 03/28/06) cc. If connection to an existing system is proposed, the following information shall be provided: (orig. 03/28/06) i. The nature of the public or private legal entity which will supply water to the proposed subdivision; (orig. 03/28/06) ii. Agreement with the above entity to service the proposed subdivision; (orig. 03/28/06) iii. Information on the water supplier's present service requirements, future commitments and present water supply capabilities, including but not limited to: (orig. 03/28/06) 30 (aa) A summary of water rights owned and controlled by the entity (orig. 03/28/06) (bb) The anticipated yield of the rights in an average and a dry year (orig. 03/28/06) (cc) The present demand and anticipated demand for current commitments not yet being supplied (orig. 03 /28/06) (dd) The uncommitted firm supply (orig. 03/28/06) (ee) A map of the entity's service area(orig. 03/28/06) dd. If individual well water systems are proposed, a report must be prepared by a Professional Engineer or Geologist indicating the availability of groundwater, which includes the depth to the groundwater supply throughout The report must address the water quality, rates of delivery and long -term yield of such wells. The cumulative effect upon existing water rights due to the use of individual domestic wells shall be considered in the report. (orig. 03/28/06) (ii) Sanitary Sewage Disposal - If public collection and treatment systems or the use of on -site, individual sewage systems are to be provided, the details of the collections system, treatment facilities and individual components shall be provided including: (orig. 03/28/06) aa. Public Treatment - Agreement to serve from a public sewage treatment provider and evidence to support that the provider possesses adequate sewage treatment capability and capacity to serve the proposed subdivision; (orig. 03/28/06) bb. The nature of the legal entity which will own and operate the sewer system shall 31 be described, as well as the proposed method of financing; (orig. 03/28/06) cc. If sanitary sewage disposal will be accomplished by individual sewage disposal systems, a suitability analysis as determined by the Environmental Health Department must be performed. Such analyses may include but is not limited to, soil profile observations to identify soil classifications and horizons; adequate separation to bedrock or ground water; soil percolation tests, etc. Location(s) of soil analyses shall be indicated on the plan and must be performed by a Professional Engineer, Geologist or person qualified to do this work. (orig. 03/28/06) (b) Public Water and/or Wastewater System (orig. 03/28/06) (i) If it has been determined that the proposed water and/or wastewater system is a public system, the required application for a 1041 permit (pursuant to Chapter 6: Matters of State Interest) , and evidence that the associated application(s) administered by the Colorado Department of Public Health and Environment have been made, shall be submitted concurrently with the Preliminary Plan application. (orig. 03/28/06) b. Review of Applications. The submission of an application for Preliminary Plan for PUD, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5- 210.D, Common Procedure for Review of Applications. c. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Preliminary Plan for PUD. 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. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan for PUD based upon whether it conforms to the approval given to the Sketch Plan for PUD and whether it complies with the standards in Section 5- 240.F.3.e, 32 Standards., and rccommend the application to the Board of County Commissioners. d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Preliminary Plan for PUD. 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 the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing, the Board of County Commissioners by a majority vote of the quorum present, shall either approve, approve with conditions or disapprove the application for Preliminary Plan for PUD based upon whether it conforms to the approval given to the Sketch Plan for PUD and whether it complies with the standards in Section 5- 240.F.3.e, Standards. Action approving or disapproving a Preliminary Plan for PUD shall require adoption by Resolution, which .Resolution shall constitute, final action on the application by the Board of County Commissioners. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vole to approve, approve with conditions or disapprove the Preliminary Plan, for PUD application. (am X/kXX XX) e. Standards. The Sketch Plan and Preliminary Plan for PUD shall comply with the following standards: (1) Unified ownership or control. The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. For the purposes of amending a PUD, written consent by the governing Home Owner's Association or Property Owner's Association shall .satisfy= this standard. The Home Owner's Association or Property Owner's Association, with a majority vote of its constituents, may also apply for PhD amendment on behalf of all individual property owners of the land subject to the conditions and standards of the PUD to be amended. (am Xi_IXi_ XXV) (2) Uses. The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use Schedule ", or Table 3 -320, "Commercial and Industrial Zone Districts Use Schedule ", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5 -240 F.3.f., Variations Authorized. 33 (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD shall be those specified in Table 3 -340, "Schedule of Dimensional Limitations ", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5 -240 F.3.£, Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. (4) Off - Street Parking and Loading. Off - street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off - Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. (5) Landscaping. Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. (6) Signs. The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. 34 (7) Adequate Facilities. The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right -of -way, private vehicular 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 standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off -site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless 35 the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off - street parking areas. (9) Compatibility with Surrounding Land Uses. The development proposed for thc PUD shall be compatible with thc character of surrounding land uscs. The PUD shall be generally compatible with the existing and currently permissible future uses of adjacent land and other lands, services or infrastructure improvements that may be substantially impacted. (am. (am ,V(X.lixa1X) (10) Conformance with Comprehensive Plan. The but not limited to, the Future Land Use Map (FLUM). (am.11/08/05) The PUD shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. (am X /AX-XVXX) (11) Phasing. The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and or desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project as determined by the Board of County Commissioners in the resolution of approval. or, if this is not possible, then as arly in the project as is r asonablc. (am .1 7XX %X) (12) Common Recreation and Open Space. The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi - public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty -three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. 36 (i) Areas that Do Not Count as Open Space. Parking and loading areas, street right -of -ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (ii) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (b) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (c) Continuing Use and Maintenance. A ll privately p Y owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (d) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that arc not dedicated to the public, and shall provide for access and responsibility for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Member the association or nonprofit corporation shall be .1'XX'XX1X) (13) Natural Resource Protection. The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. 37 f. Variations Authorized. The Board of County Commissioners shall be authorized to grant the following variations as part of its approval of the Preliminary Plan for PUD. Each variation that is granted shall be shown en in the PUD Guide and Preliminary Plan. (am _k7XX-XVXX) (1) Uses. The uses that are allowed, allowed as limited uses, or allowed as special uses, may be varied. (2) Dimensional Limitations. The minimum lot area, minimum lot area per use, maximum lot coverage, maximum floor area, minimum yard setbacks and maximum height may be varied. (3) Basis for Granting Variations. These variations may be granted when the Board of County Commissioners finds that the Preliminary Plan for PUD achieves one (1) or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. The standards used in the designation of the land use categories on the Future Land Use Map, found in the Eagle County Comprehensive Plan, "Criteria Used in the Land Designation Process ", shall also be considered when determining the maximum density and allowed uses of the PUD. (am.11/08/05) (a) Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area, yet shall avoid uniformity of design. Residential and non - residential uses may be mixed together. Various types of residential uses may also be combined within the PUD, to promote more efficient land use patterns and increased open space. The Board of County Commissioners may require minimum yard setbacks, lot widths, and space between buildings of such dimensions as they are determined to be necessary to provide adequate access and fire protection; to ensure proper ventilation, light, air, and snowmelt between buildings; and to minimize the effects of transmission of noise between units and between buildings. As a general guide, twenty (20) feet between buildings shall be considered the minimum appropriate spacing. (b) Avoid Environmental Resources and Natural Hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands, as these have been identified in Section 3- 310.B.1., Purpose. This shall be accomplished 38 in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement is necessary to maintain the underlying density on the property, and the lands providing environmental resource values have been protected and lands subject to natural hazards have been avoided. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. (c) Water Augmentation. A variation may be allowed that creates incentives for applicants to commit to a water augmentation plan for their development that brings "wet" water into the Upper Eagle River Basin. (d) Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's multi -use trail system, in accordance with the recommendations of the latest version of the Eagle County Trails Plan, or to provide appropriate forms of access (including summer and winter parking areas and trailheads) to public lands and to river and creek drainages in Eagle County. Proposed access shall be consistent with public land management objectives and resource protection needs for the areas to be accessed. Trails standards are identified in Section 4- 630.A. (e) Affordable Housing. A variation may be allowed that extends an incentive to applicants to assure that long term affordable housing is provided. (f) Public Facilities. A variation may be allowed that provides incentives for applicants to develop public facilities, including but not limited to public transportation facilities, public recreation facilities and similar facilities. The facilities may be located on or off of the PUD site, and shall be facilities that meet the demands not only of project residents, but also of other residents of and visitors to Eagle County. g. Conditions. The Planning Director and the Planning Commission shall have the authority to recommend and the Board of County Commissioners shall have the authority to impose such conditions on a PUD that are necessary to accomplish the purposes of this Section, this Article, these Land Use Regulations, and the Comprehensive Plan. (am. 11 /08/05) h. Planned Unit Development (PUD) Agreement. 39 (1) General. Concurrent with the approval of a Preliminary Plan for PUD, the applicant and the Board of County Commissioners shall enter into agree to a Planned Unit Development (PUD) Agreement Guide binding the PUD to any conditions placed in the Resolution and such supplemental agreements relating to the PUD as may be appropriate and necessary. (arn X XX XA X) (2) Common Park and Recreation Areas. The PUD Agreement Guide shall include a Common Open Space, Park, and Recreation Area Plan. It shall outline the area of common open space, parks, trails and recreation lands, and specify any agreement on the part of the developer to improve and preserve the open space, parks, trails and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial, or industrial development. It shall also include the terms by which any common areas shall be maintained. (am X XX /XXXX) (3) Landscape Guarantee. The Planned Unit Development (PUD) Agreement shall set down how the landscaping proposed for the PUD will comply with Section 4 -240, Installation and Maintenance Requirements. Landscaping for a phased PUD may be designed by phase, with installation occurring concurrent with development of each phase. The PUD Agreement shall include the landscaping for the entire PUD and for each phase of the PUD. (a) Form of Guarantee. The County may require the developer to provide a guarantee for no less than one hundred and twenty -five (125) percent of the current estimated cost of the landscaping improvements, and the landscape plan as estimated by the Planning Director, to ensure the installation of all landscaping shown and to ensure the continued maintenance and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the County Attorney. At the developer's option, the guarantee may be provided for the entire PUD or for each phase. The guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the PUD, whichever is applicable. (b) Release. As portions of the landscape improvements are completed, the Planning Director shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty -five (25) percent 40 shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. (4) Public Improvement Guarantee. In order to ensure installation of necessary public improvements planned to accommodate the development, the Planned Unit Development (PUD) Agreement shall provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public facility improvements, as estimated by the applicant and approved by the County Engineer. The guarantee shall be in a form approved by the County Attorney. As portions of the public facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements except that ten (10) percent shall be withheld until all proposed improvements are completed and approved by the County Engineer. (5) Notice of Planned Unit Development Designation. Subsequent to approval of a Resolution approving a Preliminary Plan for PUD which shall constitute a Planned Unit Development (PUD) zone district designation, the Planning Director shall file with the Clerk and Recorder Eagle County the following notice: (am 9/27/99) Notice of Planned Unit Development (PUD) Zone District Designation PLEASE TAKE NOTE that on the day of 20, the Board of County Commissioners of Eagle County, Colorado, approved development on the following described tract as a Planned Unit Development (PUD) pursuant to the provisions of Section of the County Zoning Resolution. No development shall occur on the tract except in accordance with the approved Preliminary Plan for PUD, PUD Guide and the PUD Agreement any applicable associated agreement, and under any conditions that may be imposed thereby. The above referred to land is located within unincorporated Eagle County and is more fully described as follows: (am X/? X-AXXX) (Insert legal description) 41 A copy of the Preliminary Plan for PUD and PUD Guide is of record in the office of the Eagle County Planning Director. STATE OF COLORADO ) ) ss: EAGLE COUNTY ) The foregoing instrument was acknowledged before me this day of , 20 , by , Clerk. Witness my hand and official seal. Notary Public My commission expires: Placement on Official Zone District Map. After approval of a Preliminary Plan for PUD, the Planning Director shall amend the Official Zone District Map to show a PUD zone district designation. j. Recording. The Preliminary Plan for PUD, PUD Guide and Planned Unit Devclopment Agreement any applicable associated agreement shall be recorded in the office of the Eagle County Clerk and Recorder, and shall be binding upon the landowners subject to the Resolution and Preliminary Plan for PUD, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the Preliminary Plan for PUD, PUD Guide and Planned Unit Development (PUD) Agreement. Failure of the applicant to record the Resolution, Preliminary Plan for PUD, PUD Guide and PUD Agreement within one hundred and eighty (180) calendar days of its approval shall render the Resolution, Preliminary Plan for PUD, PUD Guide and PUD Agreement invalid and the property shall return to its prior zoning designation. (am 3/12/02) (am XXXXXX.1) k. Effect of approval of a Preliminary Plan for PUD. (1) Effect. Issuance of a Preliminary Plan for PUD shall constitute an amendment to the Official Zone District Map. It shall also authorize the applicant to submit an application for a Final Plat for Subdivision. 42 (2) Length of Approval. All single -phase Preliminary Plans for PUD are valid for five (5) years from the date of their issuance. All multi -phase Preliminary Plans for PUD are valid for ten (10) years from their date of issuance, though development of at least the first phase must have been completed within five (5) years after the date of approval of the Preliminary Plan for PUD. The Board of County Commissioners has the option to extend these time periods. Permitted time frames do not change with successive owners (3) Extension. Upon writtcn rcqucst, an extension of thc Preliminary Plan's life may be granted by the Board of County Commissioncrs, not to cxcecd two (2) years in length, if thc . - - - - - - • .. - -- . -- ' _•. . .- . . -- applicant's control, thc Preliminary Plan for PUD is not speculative in naturc, thc Preliminary Plan for PUD still complies with these Land Use Regulations and the PUD will be developed in thc next two (2) years. No rcqucst for requesting the extension is submitted to thc Community Development Director no later than thirty (30) calendar days prior to thc date the Preliminary Plan for PUD is to expire. The to submit an application for an extension within the time limits PUD null and void. (am.11/08/05) Extension of Preliminary Plan Approval. Approval of a Preliminary Plan for PUD shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control; b. The development is not ,speculative in nature; c. The development complies with these Land Use Regulations and the Comprehensive Plan; and d. There is reasonable likelihood the next step in the development application will be submitted in the next two (2) years No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Preliminary Plan for PUD is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. 43 ( am. 11 /O8/05) tam X/XX,XXX_k) (4) H earin g on Per it ExxtinetienErtinguishment Hearing. If a Preliminary Plan for PUD is not extended before it is to expire, or if a condition of Preliminary Plan for PUD is not fulfilled, then pursuant to Section 5- 240.F.3.k(3), Extension, the Board of County Commissioners shall initiate a hearing pursuant to Subsection 5- 210.H., Extinguishment of Permits Approvals, to determine whether to extinguish the Preliminary Plan for PUD. (am X /.1X (XXXX) (56) Preliminary Plan for PUD Extinguished Extinguishment. If the Board of County Commissioners extinguishes the When a Preliminary Plan for PUD is extinguished, the Board shall concurrently initiate and amend the Official Zone District Map to the zone district classification of the land that was in effect prior to the time that the Preliminary Plan for PUD was originally approved. The Board of County Commissioners shall consider the requirements of Section 24 -67 -106. / Colorado Revised Statutes prior to ordering any PUD Plan extinguished and shall make any finding required by law prior to extinguishing the PUD Plan. Should the Board find that extinguishment of the plan is contrary to law, plan shall not be extinguished. (am . \XX/XXXX) Minor Deviations. Minor deviations from a Preliminary Plan for PUD shall be approved by the Planning Director. Minor deviations that are authorized are those that appear necessary in light of technical or engineering considerations first discovered during actual development and that are not reasonably anticipated during the initial approval process, as long as they comply with these Land Use Regulations. Minor deviations shall not include reductions in the amount of required open space, or required wildlife habitat protection, or increases in the building square footage. All changes not qualifying as minor deviations shall be considered amendments and shall comply with Section 5- 240.F.3.m., Amendment to Preliminary Plan for PUD. m. Amendment to Preliminary Plan for PUD. No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24- 67- 104(1)(e) Colorado Revised Statutes that; (am 3/12/02) (1) Modification. The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development; (am 3/12/02) (2) Adjacent Properties. The PUD Amendment does not effect ufject, in a substantially adverse manner, either the enjoyment of 44 land abutting upon or across a street from the Planned Unit Development or the public interest; (am 3/12/02) (am .17Xk XXkX) (3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. (am 3/12/02) (4) Amendment. Amendment of a Preliminary Plan for P111) shall not have the effect of extending the vesting period absent a specific finding and declaration to that effect. (am X7XXOX.XX) In addition to the above requirements a Preliminary Plan for PUD may be amended, extended, varied or altered only pursuant to the standards and procedures established for its original approval. (4) Standards. PUD Amendments shall address the standards Pursuant to Section 5- 240.F.3.e. Applicant shall also provide a copy of the PUD Guide clearly demonstrating what amendments are to be made. (am 3/12/02) (5) Notification. The applicant shall provide pre- addressed, stamped envelopes for every property owner in the PUD, as well as for all adjacent property owners. The applicant shall also comply with Section 5- 210.E. (am 3/12/02) G. Enforcement of PUD. 1. General. The provisions of a Resolution approving a Planned Unit Development (PUD) District designation, a Preliminary Plan for PUD, PUD Guide and PUD Agreement, relating to the use of land and the location of common open space shall run in favor of the County, and shall be enforceable at law or in equity by the County, without limitation on any power or regulation otherwise granted by law. a. Residents. All provisions of the Resolution approving a PUD District designation, Preliminary Plan for PUD, PUD Guide and PUD Agreement shall also run in favor of the residents, occupants, and owners of the PUD, but only to the extent expressly provided in the Resolution and in accordance with the terms of the Preliminary Plan for PUD. To that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by residents, occupants, or owners acting individually, jointly, or through an organization designated in the Resolution to act on their behalf. However, no provision of the Resolution shall be implied to exist in favor of residents, occupants, and owners except those provisions of the Resolution which have been finally approved by the Board of County Commissioners. b. Release by County. All those provisions of the Resolution approving a PUD District designation or a Preliminary Plan for a PUD authorized to be enforced by the County, may be modified, removed or released by the County subject to the following: 45 (1) Enforcement. No modification, removal or release of the provisions shall affect the rights of the residents, occupants, and owners of the Planned Unit Development (PUD) to maintain and enforce these provisions at law or equity as provided in Section 5- 240.G.2., Residents. c. Procedure. No substantial modification, removal or release of the provisions of the Resolution by the County shall be permitted except pursuant to Section 5- 240.F.m., Amendment to Preliminary Plan for PUD. 2. Release by residents. Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the Resolution, modify, remove or release their rights to enforce the provisions of the Resolution, but no such action shall affect the right of the County to enforce the Resolution. 3. Enforcement of Open Space and Common Area Conditions. In the event the organization established to own and maintain common open spaces, recreation areas, communally -owned facilities and private streets, or any successor organization shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved Common Open Space and Recreation Areas Plan in the Preliminary Plan for PUD, the Planning Director may cause written notice to be served upon such organization or upon the owners of land in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable conditions, which notice shall include the demand that the deficiencies noted be cured within thirty (30) calendar days. The notice shall state the date and place of hearing to be held within fourteen (14) calendar days of notice. a. Remedies Authorized. At the time of hearing, the Planning Director may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the Planning Director, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Any failure of the Planning Director to act for any period of time shall not bar his action. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. b. Show Cause Hearing. Before expiration of the one (1) year period, the Planning Director shall take the initiative, or shall upon the written request of the organization responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the Planned Unit Development (PUD). At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the County should not be continued for the succeeding year. 46 c. Continuing Maintenance. If the Board of County Commissioners determines that it is not necessary for the County to continue such maintenance, the County shall cease such maintenance at the time established by the Board of County Commissioners. Otherwise, the County shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of County maintenance shall be paid by the owners of properties within the PUD that have a right of enjoyment of the common open space. The cost of County maintenance and any unpaid assessments shall become a tax lien against the common facilities of, and the private properties within, the PUD. d. Assessments. The County shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The County may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. H. Applicability of PUD 1) Other. Except as expressly provided otherwise in a particular Planned Unit Development Guide, all development of property shall conform to the Eagle County Land Use Regulations. If the PUD falls silent concerning a particular standard, restriction, etc, but the Eagle County Land Use Regulations are not, the Eagle County Land Use Regulations shall be the controlling document. If the PUD conflicts with the Eagle County Land Use Regulations, the PUD shall rule control. (orig 3/12/02) (am x-xx,:VxXX) SECTION 5 -250. SPECIAL USES Special Uses are those uses that are 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 particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. A. Procedure. 1. Initiation. Applications for Special Use Permits may be submitted at any time to the Planning 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. (am. 10/02/2007) 47 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 any rights in the applicant or property 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. (orig. 10/02/2007) (am X!XX /XXX)) (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, specifying the geographic and duration limitations of the property upon which the Special Use is located. (orig. 10/02/2007) (am X,XX'XXX.k) (3) Consolidated Concept Evaluation and Final Special Use Permit. Applicants may request, and the Planning 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 Planning Director may allow the Special Use Permit application to be processed in one step. (orig. 10/02/2007) b. Application 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 5- 210.D.2., Minimum Contents of Application, and the following materials: (am. 10/02/2007) (1) Site Plan. A detailed site plan of the property, drawn to scale, showing all existing natural and man -made 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. (am. 10/02/2007) 48 (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. (am. 10/02/2007) (3) Other Materials. 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 Development Standards. (am. 10/02/2007) 2. Review of applications. The submission of an application for 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 standards established in Section 5- 210.D, Common Procedure for Review of Applications. (am. 10/02/2007) 3. Recommendation of Planning Commission. A fter receipt of the Staff Report, g P p rt, 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 testimony 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 standards in Section 5- 250.B, Standards. (am X,XX XXAX) 4. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Special Use Permit. At the public hearing, the Board 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 Board of County Commissioners, by a majority vote of the quorum present, shall either approve, approve with conditions, or disapprove the application based on the standards in Section 5- 250.B, Standards. A resolution of the Board of County Commissioners approving such action shall constitute final action by the County on the application. Finalization of the Resolution must Occur within 90 dabs of the Board of County Commissioner's 's vote to approve, approve with conditions or disapprove the Special Use Permit application. (am X,"XX,XX.X) 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 Board 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 49 demonstrate that there is the substantial potential to satisfy the following standards; however, final project designs are not required. (am. 10/02/07) 1. Consistent Conformance with Comprehensive Plan. The proposed Special Use shall be ..... . - - • - • - - - - . - - - - purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building and structural intcnsitics and densities, and intensities of use. (am 11/84 - 5) in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. (am XXX' XXX) 2. Compatibility. - - ... - - - - • . - . . - ... .. - . - - ' - - • - - - . .. • . - . • . ... - . . . - . _ - - . - . The Special Use is generally compatible with the existing and currently permissible figure uses of ad/acent land and other substantially impacted land, services or infrastructure improvements. (am .k /XXXXIX) 3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid minimize adverse impacts, including visual impacts of the proposed use on adjacent lands including - -• : - . ... _ . - - shall avoid significant adverse impact on surrounding 'ands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration or otherwise and shall not create a nuisance. (am Xi X/XXX_X) 5. Design Minimizes Environmental Impact. The proposed Special Use shall minimize 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, parks, schools, police and fire protection, and emergency medical services. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. 8. Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. C. Variations Authorized. The Board of County Commissioners shall be authorized to grant variations to the following dimensional limitations and site development standards 50 as part of its approval of the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit. Each variation that is granted shall be itemized and shown in the Special Use Permit application and attendant site plans. (am X%AX 1 Minimum lot area; ?. Minimum lot area per use; 3. Maximum lot coverage; 4. Maximum , floor area; 5. Maximum structure size (FAR and/or Lot Coverage); 6. Minimum yard setbacks; 7. Stream setbacks; 8. Maximurn height; 9. Parking standards; 10. Landscape standards; 11. Road, driveway and access standards. D. Basis for Granting Variations. These variations may be granted when the Board of County Commissioners finds, with recommendation from the Planning Commission, that the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit achieves one (1) or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. (am X /XX /XXX.Y) 1. Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration. with other structures in the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit and the surrounding area, yet shall avoid uniformity of design. Residential and non - residential uses rua/; be mixed together. Various types of residential uses may also be combined within the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit, to promote more efficient land use patterns and increased open space. The Board of County Commissioners may require minimum yard setbacks, lot widths, and space between buildings of such dimensions as they are determined to be necessary to provide adequate access and . fire protection; to ensure proper ventilation, light, air, and snowrnelt between buildings; and to nrinirnize the effects of transmission of noise between units and between buildings. As a general guide, twenty (20) feet between buildings shall be considered the minimurrr appropriate spacing. 2, Avoid Environmental Resources and Natural Hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development; unless the applicant demonstrates that this arrangement is necessary to maintain the underlying density on the property, and the lands providing environmental resource values have been protected and lands subject to natural hazards have been avoided. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. 51 3. Water Augmentation. A variation may be allowed that creates incentives for applicants to commit to ea water augmentation plan for their development that brings "wet" water into the Upper Eagle River .Basin. 4. Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's multi -use trail system, in accordance with the recontntendations of the latest version of the Eagle County Trails Plan or Mid Vallev Trails Plan, or to provide appropriate forms of access (including summer and winter parking areas and trailheads) to public lands and to river and creek drainages in Eagle County. Proposed access shall be consistent with public land management objectives and resource protection needs for the areas to be accessed. Trails standards are identified in .Section 4- 630.A. S. Affordable Housing. A variation may be allowed that extends an incentive to applicants to assure that long term affordable housing is provided. G, Public Facilities. A variation may he allowed that provides incentives for applicants 10 develop public facilities or private commercial facilities which will provide a public benefit, including but not limited to public transportation fiacilities, public recreation facilities, commercial structures and similar . facilities. The facilities shall be facilities that meet the demands of residents and visitors to Eagle County. 7. Land Preservation. A variation may be allowed that extends an incentive to applicants to assure preservation in perpetuity of lands of high conservation value. €E. Conditions and Restrictions on a Special Use Permit. The Planning Commission may recommend and the Board of County Commissioners may, in approving any 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 or Consolidated 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 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. 11/08/05) (am. 10/02/07) 52 Di'. Collateral. As a condition for granting either a Final or Consolidated Special Use Permit, the applicant may be required to post a performance bend guarantee 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 Planning 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 Board of County Commissioners. Upon completion of the development or required improvements, the applicant shall obtain certification from a Colorado Registered Professional Engineer or Colorado Registered Professional Landscape Architect, whichever is appropriate, 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 (7) calendar 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. (am. 10/02/07) (am X /XX: XX.V) EG. Effect of issuance of a Conceptual or Final Special Use Permit. 1. Effect of Conceptual Special Use Permit Approval. Issuanee Approval 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. (orig. 10/02/07) (a,n X /XXXXXA) 2. CeneralEffect of a Final or Consolidated Special Use Permit Approval. The Special Use Pcrmit for -a Concept Evaluation shall be limited to only that particular use for which was prcscntcd as part of the application. Issuance Approval of a Special Use Permit for a Final or Consolidated Issuance of a Special Use Permit shall be deemed to authorize only the particular use(s) for which it is issued. (am. 10 /02 /07(am X. AIX /X.1XX) 3. Time limitations for a Concept Evaluation Special Use Permit, a Final or Consolidated Special Use Permit . (am X, /XX /XXX) a. Cenral Duration and Compliance. _ . - ' . - - ' - - •. . - . - - . - - .. - - - • • .. -. On a case -hy- case the Board of County Commissioners shall permit such duration and require such continued compliance review process as it deems appropriate. (am. 10/02/07) (am X /1X%;1XXX) (1) A Concept Evaluation Special Use Permit 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; (orig. 10/02/07) (2) A Final or Consolidated Special Use established and ongoing during this three year period is valid for the life of the Special Use or as limited by the Board of County Commissioners. A 53 (am. 10/02/07) (am ,V'IXV /X1XX) (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. (am. 10/02/07) (4) If the Final or Consolidated Special Use is established and ongoing at the conclusion of the Building Permit, then the Building Permit is valid for the life of the Final or Consolidated Special Use. (am. 10/02/07) (am . ,lrXA7XXXX) (5) 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. (am. 10/02/07) b. Extension. Upon written request, and prior to expiration, an extension . . . . . • _ . - _ . . - - ' - - . . - - _ anted by the - to proceed with development of thc Special Usc was beyond the applicant's control, thc Final or Consolidated Special Usc Permit is not developed in thc next two (2) years. No request for an extension shall be considered unless a written application requesting thc extension is • . _ . -. - • -- ... . • - . - - - _ . -- _.- . Usc Permit is to expire. (am 11/08/05) (am. 10/02/07) Extension of Special Use .Permit Approval. Approval of a Final or Consolidated Special Use Permit shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control; b. The development is not speculative in nature; c. The development complies with these Land Use Regulations and the Comprehensive Plan: and d. There is reasonable likelihood the next step in the development application will be submitted in the next two (2) years No request fbr extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Final or Consolidated Special Use Permit is to expire. The permit shall be deemed extended until the Board of County Commissioners' has acted upon the request far extension. 54 (am.11/ 08/05) (am X1iX /X.kXX) 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 Board of County Commissioners shall initiate a hearing pursuant Subsection 5 -210 H., Extinguishment of Approvals, to determine whether to extinguish the Special Use Permit. (am. 10/02/07) Fit. 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) be approved by the Planning 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. (am. 10/02/07) GI. Amendment to Special Use Permit. A Final or Consolidated Special Use Permit may be amended, extended, varied or altered only pursuant to the standards and as set forth in this Section. (am. 10/02/07) SECTION 5 -270. SUBDIVISION EXEMPTION A. Exemptions approved by the Board of County Commissioners. The Board of County Commissioners may, pursuant to a Resolution duly adopted at a public meeting, exempt from the provisions of Section 5 -280, Subdivision, any division of land, if it is determined that: 1. Not within purpose of Section. Such division is not within the purposes of Section 5 -280, Subdivision. Such divisions may include, but are not limited to, divisions that: a. Condemnation. Could be created pursuant to powers of condemnation; b. Perpetual Open Space. Would result in property division for the purpose of perpetual open space; or c. Pre - Existing Lots. Were created and established in the records of the Clerk and Recorder prior to August 22, 1981 subsequent to May 5. 1972 55 notwithstanding compliance with Eagle County Land Use Regulations in existence at the time of the creation of the parcels. (am XYXA YXx) d. Lot Line Adjustments. (orig. 02/20/01) Are for the purpose of making a lot line adjustment to correct boundary errors, align boundaries with topographic features, or straighten boundaries. This applies only to contiguous lots, neither of which lies within a subdivision approved pursuant to these Land Use Regulations, and which are not subject to merger with each other pursuant to Section 6- 120.B., Contiguous Parcels Under Single Ownership. The Board may exempt a lot line adjustment if: (1) The total area of land subtracted from the one lot and added to the other, net of any addition to that lot as a result of the lot line adjustment, does not exceed 25% of the total area of the lot from which it is subtracted, (2) The resulting lots are in substantially the same configuration as the original lots before the adjustment, and (3) The lot line adjustment: (a) Does not create a nonconforming (in terms of applicable zoning) lot or increase the nonconformity of any lot, or (b) The Board determines that: (i) A site plan can be designed for the nonconforming lot(s) that is consistent with the use requirements of these Land Use Regulations, and minimizes to the greatest degree practicable any nonconformities, and, (ii) the nonconforming lot(s) can function adequately for its designated land use pursuant to a site plan(s) approved for the nonconforming lot(s) as a part of the exemption, and, (iii) notwithstanding the nonconformity(ies) of the lot(s) which results from the adjustment, the site of the nonconforming lot(s), taken as a whole, provides a more useable lot, or one more compatible with the neighborhood or with the public health and safety, than existed before the adjustment. 2. Adequate access, adequate potable water, and adequate sewage treatment facilities are available. Adequate access, adequate potable water, and adequate sewage treatment facilities are available. Pre - existing access shall be exempt from current driveway standards until the use of the access increases due to either a change, or intensity in use. (am 9/27/99) (am 3/12/02) B. Procedure. 56 1. Initiation. An application for exemption from Subdivision may be submitted at any time to the Planning Director by the owner or any other person having a written recognizable interest in the land for which the exemption is requested. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following additional materials: a. Survey. A certified survey of the parcel, including legal description which meets the minimum requirements of a Land Survey Plat pursuant to 38 -51 -106 C.R.S. Additionally, all record and apparent rights -of -way and easements shall be indicated on the plat. Monumentation shall be shown pursuant to 38 -51 -108 C.R.S. Further, a computer printout, in text format, of Parcel Summaries shall be provided, including lot closure analyses, block closure analyses, and other appurtenant information. (arn. (am X/XX/kXXX) b. Access. Demonstration that the proposed exemption has legal and physical access to a public street or right -of -way by conventional vehicle. c. Water Supply. Demonstration that the land proposed for exemption will be provided a legal, physical, adequate and dependable potable water supply. d. Wastewater Disposal. Demonstration that the land proposed for exemption will be provided a wastewater disposal system, or other lawful means of disposing of human wastes that complies with all applicable public health laws. e. Hazards. Satisfactory evidence demonstrating that the exemption will not create hazards and the lot will contain a safe, adequate building site. 2. Review of application. The submission of an application for, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for an exemption from Subdivision shall comply with the procedures established in Section 5.210.D, Common Procedure for Review of Applications. C. Action by Board of County Commissioners. The Board of County Commissioners shall conduct a public hearing on an application for Exemption to Subdivision. At the public hearing the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the public hearing, the Board of County Commissioners shall approve or disapprove the Exemption for Subdivision based on whether: the division is within the purposes of Section 5 -280, Subdivision; adequate access, potable water, and sewage are available; and whether the exemption will not create hazards and the lot will contain a safe, adequate building site. SECTION 5 -280. SUBDIVISION 57 A. Purpose and Intent. The purpose of this Section is to establish the minimum standards for the division of land and improvement of that land in unincorporated Eagle County: 1. 1. General. Establish reasonable and equitable procedures and standards for the subdivision of land. 2. Safe and Convenient Traffic Circulation. Require the provision of safe and convenient vehicular and pedestrian traffic circulation. 3. Adequacy of Public Facilities. Ensure that public facilities are available to serve development. 4. Conserve and Manage Natural Resources. Conserve and manage natural resources. 5. Minimize Air and Water Pollution. Minimize the impacts of air and water pollution and the degradation of land. 6. Open Space. Provide for open space and recreational land through efficient and appropriate subdivision design. 7. Consistency Conformance with Comprehensive Plan and Land Use Regulations. Guide future growth and development consistent in substantial conformance with the purposes, intents, goals and policies of the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management and other applicable provisions of these Land Use Regulations. - - - • - ' . . - - - _. . - - ' - . 11 /08/05) (am X /.'1X 9XXX) 8. Safety from Fire, Flood, and Other Disasters. Maintain or improve safety from fire, flood and other potential disasters. 9. Adequate Light, Air, and Privacy. Provide adequate light, air, and privacy for land uses. 10. Recording. Ensure that the subdivision of lands is recorded with proper legal descriptions and monuments. (am 3/12/02) B. Procedures. 1. Overview of Procedures. Unless exempted pursuant to Section 5- 280.B.2, Exemptions, prior to the division or transfer of land within unincorporated Eagle County, an applicant shall obtain approval for a Sketch Plan, Preliminary Plan and Final Plat for Subdivision pursuant to the procedures and standards of this Section. a. Sketch Plan. The purpose of sketch plan review is for the applicant, the County and the public to evaluate and discuss the basic concepts for development of the proposed subdivision, and to consider whether there are any alternative concepts the applicant should explore. It is the time 58 when a determinations should be made as to whether the proposed subdivision substantially complies with these Land Use Regulations and is in substantial conformance consistent with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management, and is generally compatible with the existing and currently per•missible_firture uses of adjacent land and other substantially impacted land, services or infrastructure improvements suffettfidifig land use3. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space for development; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and whether water supply and sewage disposal will be provided via on -site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive final subdivision approval from the County. (am 11/08/05) (am x_xx /VXXX b. Preliminary Plan. The purpose of preliminary plan review is for the applicant to respond to the planning and development issues and concerns identified during sketch plan review and to formulate detailed, properly engineered solutions to those issues and concerns. The preliminary plan stage is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. c. Final Plat. The purpose of final plat review is for the applicant to submit a permanent, comprehensive and accurate public record of the subdivision, including the precise size, shape and location of lots, blocks, streets, easements, open spaces and other parcels of land within the development, together with all applicable covenants, conditions, use restrictions and design and development standards. The final plat shall conform in all respects to the preliminary plan approved by the County and shall incorporate all modifications and conditions imposed by the Board of County Commissioners. 2. Exemptions. Unless the method of disposition is adopted for the purpose of evading this Section and these Land Use Regulations, the following development is exempted from the procedures and standards of Section 5 -280, Subdivision: a. Division of Land Into Parcels of 35 Acres or More. The division of morc, however, compliance with 38 51 101(5)(6) C.R.S. shall occur; The division of land in such a way that it results in parcels of thirty -five (35) acres or more, while allowed by Colorado State Statute, nonetheless requires compliance with County regulations regarding access, wildfire hazard mitigation, visual impact mitigation, building and fire code compliance and other off -site impact mitigation as determined necessary by the Board of County Commissioners for the protection of the environment and the health, safety and welfare of the residents and 59 visitors of Eagle County. Compliance with 38- 51- 101et.seq. C.R.S. is required; on ;l /XX \X) 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). (am 11/07/07) c. Division of Lands by Courts. The division of land created by any court in the State of Colorado pursuant to the law of eminent domain, or by operation of law, or by order of any court of the State of Colorado, if the Board is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to the entry of the court order; d. Creation of Lien, Mortgage, Deed of Trust, or Other Security Instrument. The division of land that creates an interest in land such as a lien, mortgage, deed of trust, or other security instrument; e. Creation of Security or Unit of Interest. The division of land that creates a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity; f. Creation of Cemetery Lots. The division of land that creates cemetery lots within a cemetery; g. Creation of Oil, Gas, Mineral or Water Interests. The division of land that creates an interest or interests in oil, gas, minerals or water which are now or hereafter severed from the surface ownership of real property; h. Creation of Joint Tenancy or Tenancy in Common. The division of land that creates by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of these Land Use Regulations as only one interest; i. Consolidation. The division of land that results in the consolidation of contiguous parcels of land into one larger parcel; j. Option to Purchase. The division of land that creates by a contract concerning the sale of land that is contingent upon the purchaser's obtaining approval to subdivide the land that is to be acquired pursuant to the contract; k. Division of Land Prior to April 6, 1964. The division of land that was created prior to April 6, 1964. 3. Sketch Plan for Subdivision. 60 a. Initiation. Applications for a Sketch Plan for Subdivision may be submitted at any time to the Planning Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for Subdivision is proposed, or their authorized agent. Prior to submission of an application for a Sketch Plan for Subdivision, an applicant should hold a pre - application conference with the Planning Director pursuant to Section 5- 210.C., Pre - application Conference. The application shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: (1) Tract boundary, block and lot pattern with the area and use of lots indicated by note. (2) Street and pedestrian circulation system with gradients and widths indicated by note; the relationship of proposed streets and paths to existing streets, and paths, both on and adjoining the Sketch Plan site, including proposed street access to a public highway, shall be shown. (3) Existing development on the subject and adjacent property shall be shown. (4) Soil types based upon the National Cooperative Soil Survey, U.S.D.A., Soil Conservation Service, as well as interpretations of soil types. Vegetation shall be described and tree masses, live and intermittent streams, floodplains, water bodies, dry washes, springs and wetlands shown. (5) A survey and report on the general geological, drainage, wildlife, wildfire, minerals, radiation and other conditions on the subject of adjacent property which could affect development on the subject property; the survey shall include information and recommendations of reports referred to in Article 4 of these Regulations and pertinent reports on file in the office of the Planning Department. Equal attention should focus on the potential effects of the proposed development upon the above conditions of contiguous and adjacent property. (6) Proposed method of water supply and sewage disposal, including proposed water augmentation plan (if applicable) or an `ability to serve' letter from applicable water and/or wastewater provider. Information regarding existing water rights including, but not limited to: Evidence of ownership or right of acquisition of or use of existing and proposed water rights; historical use and estimate yield of claimed water rights; and Amenability of existing rights to a change in use. If the water supply is proposed to be an existing well, a copy of a current valid well permit and location map identifying the location of the existing well must be provided. If individual wells are proposed, an alternatives assessment performed by a qualified Registered Professional Engineer must be submitted and include the following minimum 61 information: Anticipated dependability of source; anticipated yield of source; anticipated depth to groundwater; anticipated water quality; estimated cost of individual well construction; and anticipated rate of water delivery. If sewage disposal is proposed to be via on -site, Individual Sewage Disposal System (ISDS), an alternatives assessment must be prepared by a qualified Professional Engineer evaluating the ability of the natural environment to support on -site systems with commensurate levels of sewage treatment, along with the physical ability of each property to support a site and an alternate site for wastewater disposal. The applicant must be prepared to estimate cost of installation and maintenance and state how the systems are proposed to be maintained (am 03/28/06) (7) Other materials. Such other materials as be the Planning Director deems necessary to fully evaluate the compliance of the proposed Sketch Plan with these Land Use Regulations and as required pursuant to Article 4, Site Development Standards. (am 03/28/06) (am XZ X/1XXX) (8) Proposed method of fire protection including details regarding an adequate legal water supply for firefighting purposes; (am 03/28/06) b. Review of Applications. The submission of an application €er, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for a Sketch Plan for Subdivision shall comply with the procedures established in Section 5- 210.D, Common Procedure for Review of Applications. (am X,XX/VXX.k) c. Review and Recommendation of Planning Commission. The Planning Commission shall conduct a public hearing on an application for Sketch Plan. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the application, considering whether conceptually it is consistent with the standards in Section 5- 280.B.3.e., Standards. d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for Sketch Plan. 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 the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote, shall either approve, approve with conditions, or disapprove the application, considering whether conceptually it is consistent with the standards in 62 Section 5- 280.B.3.e., Standards.. A resolution of the Board of County Commissioners approving such action shall constitute final action by the County on the application. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Sketch Plan for Subdivision application. (am X'%1'Yk XX) e. Standards. The Subdivision shall comply with the following standards: (1) Consistent Conformance with Comprehensive Plan. The (am 11/08/05) The proposed subdivision shall be in substantial conformance with the purposes, intents, goals and policies of the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management Comprehensive Plan, any applicable ancillary County adopted documents or Community Plans. (am .x ;XX/XXXX) (2) Consistent with Land Use Regulations. The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. (3) Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under- sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un- served area. 63 (4) Suitability for Development. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man -made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatible with Surrounding Uses. The proposcd subdivision area and shall not adversely affect the future development of the sag ar a. The proposed subdivision shall be generally compatible with the existing and currently perrnissible'inur•e uses of adjacent land and other substantially impacted land, services or infrastructure improvements. an X YX/XXX,X) • (6) Adequate Facilities. The applicant shall demonstrate that the development proposed in the Sketch or Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services (orig. 03/28/06) f. Effect of Approval of Sketch Plan for Subdivision. (1) Effect Limitation of Approval. Issuance Resolution of approval by the Board of County Commissioners of a Sketch Plan for :D Subdivision shall be deemed to authorize the applicant to submit to the County an application for a Preliminary Plan for Subdivision. It shall not constitute final approval for the P Subdivision or create any vested rights to develop the property in accordance with the Sketch Plan. (am X/_ X/ XXX, (2) YY 7zere such Preliminary Plan departs from a condition of the Sketch Plan approval, the Applicant shall identify any and all such inconsistencies and shall setforth its justification for them. (orig. X /XXXXXX) (V) Length of Approval. All Sketch Plans for Subdivision are is valid for two (2) years from the date of their its issuance. The Board of County Commissioners may extend these time periods. Permitted time frames shall not change with successive owners. (am A XX.XX4 ) (34) Expiration of Approval. - - ... . . . . - - ' - • - - = = • o • - rs after the date of approval of the Sketch Plan. 64 The Resolution for approval of a Sketch Plan for Subdivision by the Board of County Commissioners shall be null and void unless an application for approval of a Preliminary Plan for Subdivision is submitted and deemed complete by the Planning Director within two (2) years after the date of approval of the Sketch Plan. (am X /_. \X /\XXh (45) Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) y ars in length, if the applicant demonstrates that failure to obtain approval of a Preliminary Plan for Subdivision was beyond thc applicant's Skctch Plan is not speculative in nature, thc Sketch Plan still complies with thcsc Land Use Regulations and the Comprehensive Plan, and there is a reasonable likelihood thc Preliminary Plan for Subdivision will be developed in the next calendar days prior to the date the Skctch Plan is to expire. The permit shall be deemed extended until thc Board of County Commissioncrs has acted upon thc request for extension. 1e to submit an application for an extension within thc time limit) established by this Scction shall rcndcr thc Sketch Plan null and veil: Extension of Sketch Plan Approval. Approval of a Sketch Plan for Subdivision shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure 10 proceed with the development of the application Yeas: a. Beyond the applicant's control; b. The development is not speculative in nature; c. The development complies with these Land Use Regulations and the Comprehensive Plan; and d. There is reasonable likelihood the next step in the development application will he submitted in the next two (2) years No request far extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the ,Sketch Plan for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. (am 11/08/05) (am X /X.1'iX1XX) 65 • • . . 1 • •• • . . .. • - - - ' • hearing to the proccdurcs and standards Subscction 5 210.11., Extinguishment of Approvals, to dctcrminc whether to extinguish the Sketch Plan. 4. Preliminary Plan for Subdivision. a. Application Contents. An application for a Preliminary Plan for Subdivision shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, and the following information: (1) Preliminary Plan maps shall be drafted scaled and dimensioned to the nearest foot; construction details requested for street, utility, erosion control facilities or other public improvements should be drawn in sufficient detail to fully represent the intentions of the subdivider with regards to the type, materials and location of the proposed improvements. Maps and plans submitted shall be to the scale, as follows: Subdivision Lot Area Scale Less than 10,000 sq.ft. 1" = 50 or less feet 10,001 sq.ft. - 2 acres 1" = 100 or less feet 2.01 acres - 5 acres 1" = 200 or less feet More than 5 acres Scale shall be consistent with clarity of depicted information and Final Plat Sheet size (24' x 36 ") (2) The following maps and information shall be required and shall conform to the format and inclusions which follow: (a) Preliminary information sufficient to indicate that the Final Plat will meet requirements established under Section 38 -51 -101, et seq., and 38 -51 -106, C.R.S. 1973, as amended, Land Survey Plat, as amended; (b) North arrow, graphic scale, date of plat preparation (and of revisions thereto) and contour interval; (c) Boundary lines with bearings and distances, plus a property description of the tract proposed for subdivision; said property description shall be a metes and bounds description unless an acceptable parcel description identifies the property as the subject of a previously recorded survey and shall be certified by a Registered Land Surveyor; 66 (d) Departing property lines and owners of record of all parcels adjoining the proposed subdivision, including parcels separated there from only by a public right -of -way; (e) Existing contours at 5 foot intervals (within 2.5 ft accuracy) on all portions of the land proposed for development to either public or private use, to 10 foot intervals (within 5 ft. accuracy) for all areas to remain in their natural state. All contour lines shall be accurate to within 50 percent of the interval. Areas sloping less than 2 percent shall have 2 -foot contour intervals (with 1 ft. accuracy); (t) Street names and a block and lot numbering system shall be shown; (g) Approximate area and use of each lot; (h) Sites or facilities to be reserved or dedicated for public parks, open space, schools or other public uses and the proposed terms and managing agencies for such reservations and dedications; (1) Common open space not reserved or dedicated to the }his Open space and maintenance plan; (c X /kX /XYXX) (j) A vicinity sketch plan normally drawn at a scale of 1 inch = 1,000 feet, although if such maps are not available, a U.S.G.S. map, 1:24,000 scale may be accepted. The vicinity sketch shall depict tract lines and names of all abutting subdivisions, the location of streets, highways, natural streams and wetlands within an area of approximately one -half mile of the proposed subdivision tract; the location of all adjacent utility systems within an approximate half -mile area minimum, the natural drainage courses for streams flowing through the proposed subdivision with the limits of tributary areas shown where this is reasonable. All maps submitted in accordance with this sub - section shall include clear indications of the section, township and range containing the lands which area the subject of the maps; (k) Wildlife Analysis pursuant to Section 4 -410; (1) Geologic Hazards Analysis pursuant to Section 4 -420; (m) Ridgeline Visual Analysis pursuant to Section 4 -450; 67 (n) Conceptual Landscape Plan pursuant to Section 4 -220; (o) Environmental Impact Report pursuant to Section 4- 460; (p) Erosion Control Standards pursuant to Section 4 -665; (am 3/12/02) (q) Soils and Vegetation report depicting soil and vegetation types and boundaries; (r) Drainage Standards pursuant to Section 4 -650; (s) Street Plan and Profiles - Roads shall be designed in accordance with Section 4 -620 of these Regulations. Plan views and centerline profile shall be plotted at a horizontal scale of 1 inch to 5 feet on sheets supplemental to the drainage plan. These plans and profiles shall show all intersections with existing streets and all existing and proposed drainage areas and easements crossing, or parallel to, the roads. Also shown will be any known areas of high water table, unsuitable soils and other geological hazards. These plans shall include a typical cross - section showing road widths, including driving surface, shoulders, curbs and gutters, barrow ditches, cut and fill slopes to the point of intersection with natural ground and the pavement structure details proposed. The plan shall include the extremities of all cut and fill areas. A supplemental sheet shall be included to detail all drainage, retaining and bridge structures to be constructed as part of the roadway; (am 3/12/02) (t) Pedestrian circulation plan for trails within the subdivision and for connection to adjacent systems. Trail standards are identified in Section 4- 630.A.; (u) Drainage Study - A drainage study shall be prepared in accordance with Section 4 -650 of these Regulations. This study shall include a contour map showing all existing and proposed water courses, including the seasonal course - limits of tributaries, indicating the surface conditions and locations of points of departure from the development. This study shall include computations of 10 -year flows and 100 -year floodplain plotted on the contour maps. The drainage study shall also include computations of the increase or decrease in flows anticipated as a result of the development, the capacity and velocity through all drainage structures, including open channels and the revised floodplains shall be plotted on a contour map. In no case shall the 68 area within the 100 -year floodplain be used for structural development without specific approval of the Board. In no case will a development be allowed to affect either the location of discharge, magnitude, depth, slope of stream bed, or velocity of drainage flows upstream or downstream from the development or the stream channel slope within the development unless part of an approved floodplain protection plan; (v) Preliminary Utility Plan, pursuant to Section 4 -430, 4- 670, 4 -680 and 4 -690, on a plan supplemental to and at the same scale as the Preliminary Plan, including: (am 03/28/06) (i) Water Supply - If a central water supply and distribution system is to be provided, the details of the system shall be provided demonstrating that: (am 03/28/06) aa. Source - Adequate evidence prepared by a Registered Professional Engineer verifying that a the quality and quantity of the water supply is to supply the subdivision proposed. Physical evidence may be required including but not limited to: aquifer pump testing in addition to appropriate geotechnical studies or investigations (am 03/28/06) i. Evidence of ownership, right of acquisition or use of existing and proposed water rights. (am 03/28/06) ii. Final, water -court approved augmentation plan (am 03/28/06) iii. Evidence confirming the potability of the proposed water supply for the subdivision. (am 03/28/06) iv. Evidence from the local fire jurisdiction confirming that the proposed water supply for firefighting purposes is sufficient. (orig. 03/28/06) bb. The nature of the legal entity which will own and operate the water system shall 69 be described as well as the proposed method of financing. (am 03/28/06) cc. If connecting to an existing system is proposed the following information shall be provided: (am 03/28/06) i. The nature of the public or private legal entity which will supply water to the proposed subdivision; (am 03/28/06) ii. Agreement with the above entity to service the proposed subdivision; (am 03/28/06) iii. Information on the water supplier's present service requirements, future commitments and present water supply capabilities, including but not limited to: (am 03/28/06) (aa) A summary of water rights owned and controlled by the entity (orig. 03/28/06) (bb) The anticipated yield of the rights in an average and a dry year (orig. 03/28/06) (cc) The present demand and anticipated demand for current commitments not yet being supplied (orig. 03/28/06) (dd) The uncommitted firm supply (orig. 03/28/06) (ee) A map of the entity's service area (orig. 03/28/06) dd. If individual well water systems are proposed, a report must be prepared by a Professional Engineer or Geologist indicating the availability of groundwater which includes the depth to the groundwater supply throughout the proposed subdivision. The report must address the water quality, rates of delivery and long -term yield of such 70 wells. The cumulative effect upon existing water rights due to the use of individual domestic wells shall be considered in the report (am 03/28/06) (ii) Sanitary Sewage Disposal - public collection and treatment systems or the use of on -site, individual sewage systems is are to be provided, the details of the collections system and treatment facilities and individual components shall be provided including: (am 03/28/06) aa. Public Treatment - Agreement to serve from a public sewage treatment provider and evidence to support that the provider possesses adequate sewage treatment capability and capacity to serve the proposed (am 03/28/06) bb. The nature of the legal entity which will own and operate the sewer system shall be described, as well as the proposed method of financing; (am 03/28/06) cc. If sanitary sewage disposal will be accomplished by individual sewage disposal systems, a suitability analysis as determined by the Environmental Health Department must be performed. Such analyses may include but is not limited to, soil profile observations to identify soil classifications and horizons; adequate separation to bedrock or ground water; soil percolation tests, etc. Location(s) of soil analyses shall be indicated on the plan and must be performed by a Professional Engineer, Geologist or person qualified to do this work. (am 03/28/06) (w) Public Water and/or Wastewater System. (orig. 03/28/06) (i) If it has been determined that the proposed water and/or wastewater system is a public system, the required application for a 1041 permit (pursuant to Chapter 6: Matters of State Interest), and evidence that the associated application(s) administered by the Colorado Department of Public Health and Environment have been made, 71 shall be submitted concurrently with the Preliminary Plan application. (orig. 03/28/06 (x) The following additional information will be required when applicable: (i) A completed U. S. Army Corps of Engineer's Dredge and Fill Section 404 Permit application for subdivisions which propose to modify the existing channel of navigable streams. (am. 03/28/06) An application for an Area or Activity of State Interest when required (see Section 2 Definitions). (am. 03/28/06) (y) Vegetation Management Plan pursuant to Section 4 -430. (orig. 12/17/02) (am. 03/28/06) b. Review of applications. The submission of an application for Preliminary Plan for Subdivision, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5- 210.D, Common Procedure for Review of Applications. c. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. 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. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing, the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan for Subdivision based upon whether it conforms to the approval given to the Sketch Plan and whether it complies with the standards in Section 5- 280.B.3.e., Standards, and recommend the application to the Board of County ' Commissioners. (am 9/27/99) d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on an application for a Preliminary Plan for 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 the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing, the Board of County Commissioners by a majority vote of the quorum 72 present, shall either approve, approve with conditions or disapprove the application for Preliminary Plan for Subdivision based upon whether it conforms to the approval given to the Sketch Plan for Subdivision and whether it complies with the standards in Section 5- 280.B.3.e., Standards. Action approving a Preliminary Plan for Subdivision shall require adoption by Resolution, which Resolution shall constitute final action on the application by the Board of County Commissioners. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Preliminary Plan for Subdivision application. (am X /xxxxxx) e. Effect of approval of a Preliminary Plan for Subdivision. (1) Ef€eet Limitation of Approval. Issuance of a Preliminary Plan for Subdivision shall be deemed to authorize the applicant to submit to the County an application for a Final Plan for Subdivision. It shall not constitute final approval for Subdivision. (am X!XX!XXXX) (2) Length of Approval. All Preliminary Plans for Subdivision are valid for two (2) three (3) years from the date of their issuance. The Board of County Commissioners may extend these time periods. Permitted time frames do not change with successive owners. (am h7XX7XX \X) • ( - . ' . . ' . - - - - - • • • the Preliminary Plan for PUD. The Resolution fin. approval of a Preliminary Plan for Subdivision by the Board of County Commissioners shall be null and void unless an application for approval of a Preliminary Plan for Subdivision is submitted and deemed complete by the Planning Director within three (3) years after the date of approval of the Preliminary Plan for Subdivision. (am _x /XX /XXxx) ( Preliminary Plan may be granted by thc Board of�—Geuuty . - - •, - failure to obtain approval of the Final Plan for Subdivision was review process), the Preliminary Plan for Subdivision is not speculative in nature, thc Preliminary Plan for Subdivision still Final Plan for Subdivision will be developed in the next two (2) 73 years. No request for an extension shall be considered unless a Community Development Director no later than thirty (30) calendar days prior to the date thc Preliminary Plan for until thc Board of County Commissioncrs has actcd upon the request for extension. Failure to submit an application for an 11/08/05) Extension of Preliminary Plan Approval. Approval of' a Preliminary Plan for Subdivision shall he voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control, b. . • c. The development complies with these Land Use Regulations and the Comprehensive Plan; and d. There is reasonable likelihood the next step in the development application will be submitted in the next two (2) years No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Preliminary Plan for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the reques(for extension. (am 11/08/05) On XIXXiXXXX) (5) Extinguishment Hearing. If a Preliminary Plan for Subdivision is not extended pursuant to Section 5- 280.B.4.e.(4), Extension, the Board of County Commissioners shall initiate a hearing pursuant to the procedures and standards of Subsection 5 -210 H., Extinguishment of Approvals, to determine whether to extinguish the Preliminary Plan for Subdivision. (am X/XX /XXXV) 5. Final Plat for Subdivision or Final Plat for PUD. a. General. The Final Plat for Subdivision shall contain the materials specified in Section 5- 210.D.2., Minimum Contents of Application, shall conform to the Preliminary Plan for Subdivision and shall include all changes and conditions specified thereon, and shall include the following information. A Final Plat for Subdivision may be submitted in sections covering representative and reasonable portions of the subdivision tract. 74 In such cases, submission shall include a key map indicating the sections designated for the entire tract with each sheet numbered accordingly, including title, legend, match lines, and other appropriate information. (1) The Final Plat shall be drafted in a legible form with black waterproof ink on a permanent reproducible material such as Mylar, on a sheet or sheets measuring 24 by 36 inches with clear margins measuring 2 inches on the left hand side and one -half inch on the remaining sides. The Plat shall show the name of the subdivision, date, and date of survey, north arrow, and graphic scale and a vicinity map to appropriate scale. Where multiple sheets are necessary to depict the total filing, the vicinity map, legal description of the tract boundary, a key map to sheet location and all certifications and dedications need to appear on the title or cover sheet. The Final Plat shall adhere to the format and include information as follows: (a) Tract boundary lines and right -of -way lines or street lines in solid black lines; easements or other right -of -way lines in dashed lines; and lot boundaries in solid lines shall be shown with accurate dimensions to • the nearest 0.01 foot. Bearings, deflection angles, arc lengths, chord bearings, chord lengths, tangent distances, and central angles of all curves shall be shown. Curve tables shall be provided on the plat. Widths and dimensions of all easements, rights -of -way, and streets shall be indicated. In addition to requirements described herein, the Final Plat shall meet all requirements established under Section 38 -51 -101, et seq., 38 -51 -105 and 38 -51 -106, C.R.S. 1973, as amended. (b) Names of all streets or roads, block letters and lot numbers shall be indicated for easy plat identification. A street address Table shall list the street address of each lot on the plat. The address number shall be placed within an oval on each lot. (See Dept. of Planning on Street Address Numbering System). (c) The location of all major drainage channels or areas showing the boundaries of lands subject to inundation. (d) A legal description of the property with reference to the record information of the existing parcel. (e) Name of subdivision, basis of bearings, north arrow, graphic scale, and date. 75 (t) Vicinity map at an appropriate scale, including section lines and township and range lines, where practical. (g) Certificates and information as follows: (i) Name and address of owners of record. (ii) Total acreage of subdivision, total number of lots, and acreage within the subdivision devoted to each use such as single family residential, commercial, street, or open space. (iii) A reference to any protective covenants, declarations or other restrictions which shall be filed with the plat and an indication of the purpose for which sites other than residential lots are dedicated or reserved. (iv) A Certificate of Dedication and Ownership executed by the record owner(s) and all other persons having an interest in the property affected by the subdivision, including any security interest. (See Appendix A). (v) A Title Company or Attorney's Certificate showing marketable title in the owners, subject only to the liens or encumbrances of persons executing the Certificate of Dedication and Ownership. (See Appendix A). (vi) Surveyor's Certificate (See Appendix A). The certificate shall be signed by a land surveyor licensed in the State of Colorado responsible for the survey and Final Subdivision Plat. (vii) An approval block for the Board (See Appendix A). (viii) The Recorder's Certificate (See Appendix A). This certificate need not be completed until after final approval. (ix) Treasurer's Certificate of Taxes Paid (See Appendix A). (h) A computer printout, in text, format, of Parcel Summaries shall be provided. including lot closure analyses, block closure analyses, and other appurtenant information. (orig. XXX,'XX1X) 76 (2) Supplemental Requirements to be filed with Final Plat shall be as follows: (a) Two (2) copies of all the protective covenants, declarations, party wall agreements, or other restrictions placed on the subdivision; (b) Complete engineering plans and specifications, time schedules and cost estimated for all public improvements, including erosion control and revegetation measures, "no discharge" measures to eliminate stormwater discharges, streets, access roads, drainage facilities, utility systems, bridges, landscaping and other improvements proposed or required to be installed by the developer, and a statement of proof that the subdivider has the ability to pay for such improvements; The above referenced drawings shall be labeled as Final Public Improvements drawings and shall have a signature block for the Board of County Commissioners. (c) An executed improvements agreement, off -site road improvements agreement or other agreement required by the Board of County Commissioners as a condition of Final Plat approval. (d) Adequate evidence of water in sufficient quantity for both domestic and irrigation use which shall be transferred to a legal entity which shall be established to operate such system; (e) Show compliance with Section 4 -700 regarding School Land Dedication or cash in lieu thereof. ( Evidence that the developer has obtained a Section 404 - U.S. Army Corps of Engineers Dredge and Fill Permit, if required; (g) An approved permit for An Area or Activity of State Interest, if required. b. Procedures. After approval of the Preliminary Plat for Subdivision (unless an extension has been approved pursuant to Section 5- 280.B.4.e.(4), Extension, or the Preliminary Plan specifies otherwise), the applicant shall submit to the Planning Director an application for Final Plat for Subdivision. (am 9/27/99) (1) Review of Applications. The submission of an application for, determination of its sufficiency, and staff review of a hearing for a Final Plat for Subdivision shall comply with the procedures 77 established in Section 5- 210.D, Common Procedures for Review of Applications. (2) Revised Subdivision Mylar. Prior to scheduling the application for hearing before the Board of County Commissioners, the applicant shall submit to the Planning Director all Improvement Agreements for Board signature, and a properly signed and notarized Mylar of the Subdivision showing all necessary revisions as required by the Planning Director, together with two (2) paper copies of it. Upon review and approval by the Eagle County Attorney, the plat shall be scheduled for the next available hearing date of the Board of County Commissioners. (am 9/27/99) (3) Action by Board of County Commissioners. At the meeting on the Final Plat for Subdivision, the Board of County Commissioners shall review the Final Plat, the submittal materials, provide both County staff and the applicant an opportunity to comment, and approve or disapprove the Final Plat for Subdivision based on whether it conforms to the approval given to the Preliminary Plan for Subdivision and the standards in Section 5- 280.B.3.e., Standards., considering specifically the adequacy of required improvements and the acceptance of areas dedicated for public use and easements. c. Recording. After the Final Plat for Subdivision is approved by the Board and all required conditions related to the Final Plat are satisfactorily addressed, the original mylar drawing shall be recorded. Failure of the applicant to record the Final Plat and Subdivision Agreement within one hundred and eighty (180) days of its approval shall render the Final Plat for Subdivision and Subdivision Agreement invalid. (am 3/12/02) d. Effect of approval of a Final Plat for Subdivision or Final Plat for PUD (1) Length of Approval. All Final Plats for Subdivision are valid for five (5) years from the date of their issuance. The Board of County Commissioners has the option to extend these time periods. Permitted time frames do not change with successive owners. (1) Infrastructure Installed. If the infrastructure required to develop at least fifty (50) percent of the lots in a single phase subdivision or the infrastructure required to develop the first phase of a multi -phase subdivision is installed, the Final Plat for Subdivision shall remain valid without any further time limitation. (2) Extension. Upon written request, an extension of the Final Plat's life may be granted by the Board of County Commissioners, not 78 to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to proceed with obtaining approval of the Final Plat for Subdivision was beyond the applicant's control allowing reasonable time for the review process), the Final Plat for Subdivision is not speculative in nature, the Final Plat for Subdivision still complies with these Land Use Regulations and the Comprehensive Plan, and there is a reasonable likelihood development will be initiated on the Final Plat for Subdivision 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 Planning Director no later than thirty (30) calendar days prior to the date the Final Plat for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Final Plat for Subdivision null and void. (am 11/08/05) (4) Hearing on Permit Final Plat Expiration. If the developer has not installed infrastructure required for the subdivision, pursuant to Section 5 -280 B.5.d.(2), Infrastructure Installed, or if the Final Plat for Subdivision is not extended, pursuant to Section 5- 280.B.5.d.(3), Extension, then the Board of County Commissioners shall initiate a hearing pursuant to Subsection 5 210.I., Extinguishment of Approvals, to determine whether to extinguish the Final Plat for Subdivision. e. Subdivision Agreement. (1) General. Concurrent with the approval of a Preliminary Plan Final Plat for Subdivision, the applicant and the Board of County Commissioners shall enter into a Subdivision Agreement binding the Subdivision to any conditions placed in the Resolution. This SIA Agreement shall be signed by the Board of County Commissioners in conjunction with signature of the Final Plat. (am 3/12/02) (2) Common Park and Recreation Areas. The Subdivision Agreement shall include a Common Open Space, Park, and Recreation Area Plan. It shall outline the area of common open space, parks, trails and recreation lands, and specify any agreement on the part of the developer to preserve the open space, parks, trails and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial, or industrial development and shall include the terms by which any common areas will be maintained. 79 (3) Landscape Guarantee. The Subdivision Agreement shall set down how the landscaping proposed for the subdivision will comply with Section 4 -240, Installation and Maintenance Requirements. Landscaping for a phased subdivision may be designed by phase, with installation occurring concurrent with development of each phase. The Subdivision Agreement shall include the landscaping for the entire subdivision and for each phase of the subdivision. (a) Form of Guarantee. The County may require the developer to provide a guarantee for no less than one hundred and twenty -five (125) percent of the current estimated cost of the landscaping improvements, and the landscape plan as estimated by the Planning Director, to ensure the installation of all landscaping shown and to ensure the continued maintenance and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the County Attorney. At the developer's option, the guarantee may be provided for the entire subdivision or for each phase. The guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the subdivision, whichever is applicable. (b) Release. As portions of the landscape improvements are completed, the Planning Director shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty -five (25) percent shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. (4) Public Improvement Guarantee. In order to ensure installation of necessary public improvements planned to accommodate the development, the Subdivision Agreement shall provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public facility improvements, as estimated by the County Engineer. The guarantee shall be in a form approved by the County Attorney. As portions of the public facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed costs for that portion of the improvements except that ten (10) percent shall be withheld until all proposed improvements are completed and approved by the County Engineer. 80 SECTION 5 -290. MINOR SUBDIVISION A. Purpose. A Minor Subdivision shall be reviewed in accordance with the provisions of this Section for Type A and Type B Subdivisions, and Amended Final Plats. 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. (am 11/07/07) 2. Type B Subdivision. A Type B Subdivision is a subdivision creating new lots within a legally approved subdivision. The Minor Type B Subdivision process is intended to serve three separate functions: (am 11/08/05) 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 5 -295., Conservation Subdivision. (orig 11/08/05) (am 11/07/07) b. This Minor Type B Subdivision process is the mechanism by which duplex, townhome and condominium units may be subdivided for individual sale. Subdivision of a townhome structure may also include the land upon which each unit is situated. The balance of the land area included within the Minor Type B Subdivision may be defined as a general or limited common element. Any number of duplex, townhome or condominium units may be subdivided utilizing this Minor Type B Subdivision process. (orig 11/08/05) c. This Minor Type B Subdivision process is the mechanism by which one or more patio home structures may be subdivided for individual sale. Subdivision of patio homes may define a separate lot for each unit, as well as, general or limited common elements. (orig 11/08/05) 3. Amended Final Plat. An Amended Final Plat may be used only in the following instances: a. The proposed Amended Final Plat is part of a previously approved Final Plat. b. The proposed amendment to the Final Plat is not inconsistent with the intent of the Final Plat. c. The proposed amendment to the Final Plat does not adversely affect adjacent property owners. 81 d. The proposed amendment to the Final Plat does not create a new lot or lots. 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 5 -295., Conservation Subdivision) the application shall contain the materials specified in Section 5 -210 D.2., Minimum Contents of Application, and shall also contain the following additional materials, as applicable: (am 11/07/07) a. Final Plat. A final plat of the proposed subdivision in conformance with Final Plat requirements as delineated in Section 5- 280.B.5.a.(1) & (2). (am X /AX, /:t VXX) b. Zoning. Demonstration that the land included within the proposed subdivision is properly zoned for the proposed use. Conformance with existing zoning on the property is required. c. Access. Demonstration that all lots in the proposed subdivision have legal and physical access to a public street or rights -of -way by conventional vehicle. d. Water Supply. Satisfactory evidence demonstrating the existence of a legal, physical, adequate and dependable water supply for each lot. e. Waste Water Disposal. Satisfactory evidence, for each proposed lot, demonstrating the existence of a waste water disposal system, or other lawful means of disposing of human wastes, which complies with all applicable public health laws. f. Fire Protection. Satisfactory evidence demonstrating adequate fire protection for each proposed lot. g. Hazards. Satisfactory evidence demonstrating that all site conditions associated with the subdivision will not create hazards and all lots will contain safe, adequate building sites. h. Site Plan. A site plan, if applicable, depicting existing and proposed building locations, access drives, parking areas, landscaping, fences, signs, and any other pertinent site data. i. Agreements. A Subdivision Improvements Agreement, off -site road improvements agreement or other agreement if required by the Board of County Commissioners. j. Restrictions. Any protective covenants, declarations, party wall agreements or other restrictions to be placed on the subdivision which 82 shall be filed for recording in the Office of the Clerk and Recorder at the time of Final Plat recording. k. Schools. Demonstration that all applicable school land dedication or cash -in -lieu requirements have been satisfied. 2. Public Notice. Minor Subdivisions shall comply with the provisions of Section 5 -210.E Notice of Public Hearing, except that Type Minor B Subdivisions are exempt from this requirement unless the application is for the creation of three (3) or fewer lots from otherwise unimproved land. (am 9/27/99) 3. Review of Applications. The submission of an application for minor subdivision, and determination of its sufficiency, shall comply with the procedures established in Section 5- 210.D, Common Procedures for Review of Applications. In addition, the Staff Report shall outline any revisions that need to be made to the Type A or Type B Subdivision to ensure that it complies with the requirements of this Section. (am 9/27/99) 4. Revised Subdivision Mylar. Prior to scheduling the application for hearing before the Board of County Commissioners, the applicant shall submit to the Planning Director all Improvement Agreements for Board signature, and a properly signed and notarized Mylar of the Subdivision showing all necessary revisions as required by the Planning Director, together with two (2) paper copies of it. Upon review and approval by the Eagle County Attorney, the plat shall be scheduled for the next available hearing date of the Board of County Commissioners. (am 9/27/99) 5. Other. If required within a PUD the Planning Certificate may also be required to be on the Plat. (am 3/12/02) D. Action on Type A Subdivision. After receipt of the Staff Report on the Type A Subdivision and the revised subdivision Mylar, Improvement Agreements, and certificates, the Board of County Commissioners shall review the application and other support materials and approve, or disapprove the Type A Subdivision based on the standards in Section 5- 290.G., Standards. E. Action on Type B Subdivision. After receipt of the Staff Report on the Type B Subdivision and the revised subdivision Mylar, Improvement Agreements, and certificates, and in the event the application is for the subdivision of a duplex, patio homes or a structure containing condominiums or townhomes, the Planning Director shall review the application and other support materials and approve, or disapprove the Type B Subdivision based on the standards in Section 5- 290.G., Standards. If the Planning Director approves the Type B Subdivision, as specifically provided above, the Final Plat shall be signed by the Board of County Commissioners. If the application is for the creation of three (3) or fewer lots from otherwise unimproved, vacant land that has previously been subdivided then, the Board of County Commissioners shall review the application and other support materials and approve or disapprove the Minor Type B Subdivision Plat based on the standards of Section 5- 290.G., Standards. (am 11/08/05) F. Action on Amended Final Plats. After receipt of the Staff Report on the Amended Final Plat and the revised Amended Final Plat Mylar, Improvements Agreements, and 83 certificates, the Board of County Commissioners shall review the application and other support materials and approve, or disapprove the Amended Final Plat based on the standards in Section 5- 290.G., Standards. G. Standards. The Board of County Commissioners and the Planning Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A Subdivision. (orig 3/12/02) a. Consistent with Comprehensive Plan. - - .... - . . • - - - • - - • - ' . • . The proposed subdivision shall be in substantial conformance with the purposes, intents, goals and policies of the Eagle County Comprehensive Plan, Area Community Plaits and any applicable ancillary County adopted documents pertaining to natural resource protection. affordable housing or infrastructure management Comprehensive Plan, any applicable ancillary County adopted documents or Community Plans. (am 11/08/05) (am X/XX /XXkX) b. Consistent with Land Use Regulations. The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. c. Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or required duplication or premature extension of public facilities, or result in a leapfrog pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (2) Service Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area in order to both avoid future land disruption, and the necessity of upgrading under -sized lines. d. Suitability for Development. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man -made hazards that may affect the potential development of the property, and existing and probable future improvements to the area. e. Compatible With Surrounding Uses. - - . ... - . .:. ' . 84 The proposed subdivision shall be generally compatible with the existing and currently permissible fi,iture uses of adjacent land and other substantially impacted land, services or infrastructure improvements. (am X<XkMA X) f. Improvements Agreements. The adequacy of the proposed Improvements Agreement, where applicable. g. Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines. 2. Standards for Type B Subdivision (am 3/12/02) a. Access, Water and Sewage. The adequacy of access, potable water, and sewage disposal on the land to be subdivided; b. Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; c. Improvements Agreements. The adequacy of the proposed Improvements Agreement, where applicable. 3. Standards for Amended Final Plat. a. Adjacent Property. Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. • d. Improvements Agreement. Adequacy of the proposed improvements agreements and/or off -site road improvements agreement when applicable. e. Restrictive Plat Note Alteration. If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (1) That the area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or 85 (2) That the proposed amendment is necessary in order to provide land for a demonstrated community need. SECTION 5 -295. CONSERVATION SUBDIVISION (orig. 11/07/07) 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 in a manner acceptable to the County' Attorney 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. lain h %Xa %XXUX) 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 Planning 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 Planning Director or his designee pursuant to Section 5- 210.C., Pre - application Conference. 86 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 Planning: a. Physical Characteristics and Site Plan. One or more site plans with photographs and/or maps depicting topography, drainage and water features, hazard areas, agricultural resource areas, wildlife habitat and other natural resource areas, sites of any historic or archaeological 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 5- 295.F, Density 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 areas of medium or high wildfire hazard, dual access to residential clusters, as detailed in Section 4.430, Development in Areas Subject to Wildfire Hazards, may be required. g. Variance from Improvement Standards, if applicable, pursuant to Section 5- 260.G., Variance from Improvement Standards. 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. 87 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 are proposed for areas of medium or high wildfire hazard, a Vegetation Management Plan, pursuant to Section 4 -430, shall also be required. 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 Attorney, 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 conservation subdivision. 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. (am X' VIXA x j 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 Applications. 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. 88 8. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board 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 Board of County Commissioners, by a majority vote, shall either approve, approve with conditions, or disapprove the application based on the standards in Section 5- 295.G., Standards. E. Conservation Subdivision Design Criteria 1. Efficient 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 are minimized. In addition, opportunities for energy efficient construction should be maximized 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 areas, 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/Agricultural 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 recharge areas and riparian habitats. (4) Lands of significant scenic or cultural value. (5) Natural hazard areas 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 property deemed most suitable for development. Building envelopes shall be indicated on the Final Plat for 89 the subdivision. 4. Shared Septic Systems. If septic systems are to be used for waste water disposal, shared septic systems are 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. Maximum Size of Dwelling Units a. Primary Dwelling Units. Primary dwelling units shall be limited to a maximum floor area of 5,000 square feet. b. Accessory Dwelling Units. Accessory dwelling units shall conform to the provisions of Section 3- 310.A., Accessory Dwelling Unit. 3. Residential Building Sites not in a Cluster. On parcels larger than 70 acres in the Resource Zone district, and on parcels 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. 4. Maximum 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 Planning, 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 90 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. 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 Y p � g Y 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 Interest, 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 square 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. 11. 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). 12. Landscaping, Lighting and Fences. Landscaping and lighting shall conform to Section 4 -230, Landscaping Design Standards and Materials, and Section 4 -250, Illumination Standards, and shall be installed in such manner as to not detract from the character of the area. With the exception of areas 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 area. F. Density Bonus and Maximum 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 characteristics of the 91 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. Table 5 -295. Maximum Number of Dwelling Units per Acre by Zone District Percent of Site ( %) Designated Agricultu Agricultu as Conservation/Agricultural Resource ral Land Tract Resource Limited Residenti ral al Limited Atleast67 %butlessthan75% 1 /25 1 / 14 1 /7 1 /3.5 Atleast75 %butlessthan85% 1 /20 1 / 12 1 /6 1 /3 85% or more 1/17.5 1 /10 1/5 1/2.5 G. Standards. The Conservation Subdivision shall comply with Section 5- 250.B, Standards for Special Use, and Section 5- 290.G.1 Standards for Minor Subdivision, as applicable for a Type A or Type B Minor Subdivision, respectively. In addition, the following standards shall apply: 1. Design Criteria. The conservation subdivision shall conform to the Conservation Subdivision Design Criteria of this Section. 2. Improvements. The improvements standards applicable to the Conservation Subdivision shall be as specified in Article 4, Division 6, Improvements Standards. However, the development may deviate from the County's road standards 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 areas of the proposed development using the minimum practical roadway length. Access shall be by a public right -of -way, private vehicular 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 standards 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 areas, 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 areas within the development for the purpose 92 of providing emergency services and for installation, maintenance and repair of utilities. d. Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. 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. e. Snow Storage. Adequate areas shall be provided to store snow removed from roads and from vehicle turnaround areas. 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, standards, and guidelines shall be met. 5. Preservation of Lands of Significant 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 primarily undeveloped. Seasonal closures to protect growing crops, livestock or sensitive wildlife habitat shall be permitted. The following uses shall be allowed: (1) Agricultural production, farming, ranching and ancillary agricultural structures, including equestrian facilities, except boarding stables, as allowed in the underlying zone district. (2) Low impact dispersed recreation including hiking, hunting, fishing, horseback riding, Nordic skiing, and mountain biking. (3) The construction of unpaved trails for the purposes of public or private access. (4) The construction of rustic camping or other rustic facilities (i.e., huts, shelters, etc.) in conjunction with low- impact dispersed recreational uses. (5) Shared well and/or shared septic system improvements. c. 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 character of the land, including special events. d. 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 93 will be used accordingly, restrictions shall be placed on the Conservation Subdivision final plat and in each related property deed conveying a separate 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. e. Organization. If conservation/agricultural lands are proposed to be maintained pursuant to the Conservation/Agricultural Lands Management 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 be 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.5.d., Effect of Approval of a Final Plat for Subdivision. Subdivision Agreement. All Conservation Subdivisions shall be subject to the provisions of Section 5- 280.B.5.e., Subdivision Agreement. Sections 5 -300 through 5 -2400 — NO CHANGES PROPOSED SECTION 5 -2500. VESTED PROPERTY RIGHTS AG. Purpose. The purpose of this Section is to establish a system of vested property rights for these Land Use Regulations, as authorized by C.R.S. 24 -68 -101, et. sec. BM. Establishment. 1. General. Pursuant to these Land Use Regulations, a vested property right shall be deemed established for a development permit for a period of three (3) years with the approval of a site specific development plan. Such vested property right shall attach to and run with the land for which the development permit is approved for the site specific development plan and shall confer upon the landowner the right to undertake and complete the development and use of said 94 property under the terms and conditions of the site specific development plan for a period of three (3) years from the date of its approval. 2. Site Specific Development Plan. For the purposes of this Section, site specific development plan shall only mean a (1) a Special Use Permit; (2) a Preliminary Plan for PUD; (3) a Preliminary Plan for Subdivision; and (4) a Final Plat for Subdivision. C. Duration and Termination. 1. Duration. A vested property right as defined in this Subsection shall be deemed effective as of the date the resolution by which the Board of County Commissioners approves the site specific development plan, and shall remain effective for a period of three (3) years. This vesting period shall not be extended by any amendments to a site specific development plan, unless expressly authorized by the Board of County Commissioners. Such approval shall be subject to all rights of judicial review; except that period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of a notice advising the general public of the approval. Publication shall be done by the Eagle County Department of Planning. (am 9/27/99), (am 3/12/02) (m X /XX /XXX k) 2. Forfeiture. Failure to abide by any applicable terms and conditions attached to the site specific development plan shall result in immediate forfeiture of the vested property right. 3. Extensions. The Board of County Commissioners may, as a legislative act, enter into a Development Agreement with a landowner that provides that property rights shall be vested for a period exceeding three (3) years where it is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. 4. Subsequent Review and Approval. Following approval or conditional approval of a site specific development plan, nothing in this Section shall exempt the site specific development plan from subsequent reviews by Eagle County to ensure compliance with the terms and conditions of the original approval, if such reviews and approvals are not inconsistent with the terms and conditions of the original approval. D. Exceptions. A vested property right, once established pursuant to this Section, precludes any zoning or land use action by Eagle County for a period of three (3) years from the date of approval of the site specific development plan, that would alter, impair, prevent, diminish, or otherwise delay the development or use of the land subject to the site specific development plan consistent with the terms and conditions of the site specific development plan, except: 1. Landowner's Consent. With the consent of the affected landowner; 2. Hazards. Upon the discovery of natural or man -made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of the approval of the site specific development 95 plan, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; and 3. Just Compensation Paid to Landowner. To the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees incurred after approval by the governmental entity, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. E. Applicability of General Ordinances and Regulations. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by Eagle County, including, but not limited to building, fire, plumbing, electrical and mechanical codes. Sections 5-2600 through 5 -2700 — NO CHANGES PROPOSED 96