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Home My WebLink AboutR13-033 Authorize Planning Director to Approve Improvement Standard VariancesEagle County, CO 201310124 Teak J Simonton 05/21/2013 Pgs: 5 11:25:42 AM REC: $0.00 DOC: $0.00 i Commissioner =__ Resolu moved adoption of the foI o}ving tion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 201.3 - RESOLUTION AUTHORIZING; THE ADOPTION OF A TEMPORARY REGULATION TO AUTHORIZE THE EAGLE COUNTY PLANNING DIRECTOR TO ADMINISTRATIVELY APPROVE ROAD IMPROVEMENT STANDARD VARIANCES WHEREAS, Eagle County, Colorado (the "County ") is a political subdivision of the State of Colorado (the "State "), duly organized and existing pursuant to the laws and the Constitution of the State; and WHEREAS, The Local Government Land Use Enabling Act, 23 -20 -101, et sell., C.R.S. ( "Land Use Act"), and the County Planning Code, 30 -28 -101 et seq., C.R.S. {"Planning (ode") expressly delegate paramount authority to counties to implement land use regulations on unincorporated territory within their boundaries; and WHEREAS, Pursuant to Chapter 2, Article 5, Section 5 -2600; TEMPORARY REGULATIONS, of the Eagle County Land Use Regulations, the Board of County Commissioners ("the Board "), may promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to exceed 30 days (a "Temporary Regulation "); and WHEREAS, During this 30 day period, a 15 day public notice shall be given in the Eagle Valley Enterprise, advertising a public hearing to discuss the matter requiring this 'Temporary Regulation, and the Board may at such hearing extend the duration of the effectiveness of this Temporary Regulation for it period not to exceed 6 months; and WHEREAS, In 2009, via Board of County Commissioner Resolution No. 2009 -115, the Board affirmed the County policy of strict enforcement of land use regulations regarding applicable engineering standards to ensure public safety of all roads accessing more than three residences; and WHEREAS, Since 2009, strict enforcement of the land use regulations regarding applicable engineering standards to ensure public safety of all roads accessing more than three residences has, in multiple instances, necessitated that prospective building permit applicants obtain a Variance from Improvement Standards pursuant to Chapter 2, Article 5, Section 5 -260, VARIANCES, Subsection G, of the Eagle County Land Use Regulations; and WHEREAS, the Variance from Improvement Standards procedure may be a costly and time consuming process for applicants seeking Individual building or grading permits, and WHEREAS, The Planning Director can administratively approve Variances from Improvement Standards, in most instances where the Administrative Variance from Improvement Standards for Building or Grading Permits can be satisfied as set forth in the Temporary Regulation attached as Exhibit "A" ( "Administrative Variance from Improvement Standards "); and WHEREAS, In instances where a prospective building or grading permit applicant is not able to satisfy the Administrative Variance from Improvement Standards as set forth in Exhibit "A", or in the Planning Director's sole discretion, a full Variance from Improvement Standards process shall be required pursuant to Chapter 2, Article 5, Section 5 -260, VARIANCES, Subsection G, of the Eagle County Land Use Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, this Temporary Regulation, applicable to the unincorporated area of Eagle County described herein, be and is hereby approved. THAT, this Temporary Regulation shall remain in effect for 30 days from the date that the Board of County Commissioners execute this resolution. T'HAT, Pursuant to Chapter'-', Article 5, Section 5 -2600, TEMPORARY REGULATIONS, of the Eagle County Land Use Regulations, during a subsequent public hearing, the Board of County Commissioners may extend this 'Temporary Regulation for a period of time not to exceed 6 months. THAT', the Board of County Commissioners hereby directs staff to pursue a formal regulation amendment to Chapter 2, Article 5, Section 5 -260, VARIANCES, Subsection G, of the Eagle County Land Use Regulations, to permanently empower the County Planning Director to administratively grant variances to road improvement standards in certain situations. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. /,'remainder of page intentionally left blankU Page 2 of 5 201310124 MOVED, READ AND ADOP'T'ED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the th day of April, 201.3. COUNTY OF EAGI_,E, STATE OF COLORADO, By and "Through Its BOARD OF COUNTY COMMISSIONERS ATrTES Clerk to the Board of County Commissioners Jon Stavney Chairman Sara J. Fisher Commissioner 0/" Jillir n I -I. Ryan i Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stavney Commissioner Fisher! Commissioner Ryan �s"1 ll This resolution passed by the County of Eagle, State of Colorado vote of the Board of County Commissioners of Page 3 of 5 201310124 EXHiBIT "A" 1. Administrative Variance of Road Improvement Standards for Building or Grading Permits. Situations exist within Eagle Cenrnty which requires it Variance from improvement Standards due to substandard infrastructure prior to issuance of building or grading permits for the parcels) of land served by said infrastructure. In these situations, an application for an administrative Variance from Road Improvement Standards for Building or Grading Permits (an "`Administrative Variance from Improvement Standards ") may be submitted, provided that the variance request meets the applicability, process, and standards below, and all health and safety concerns can be addressed to the satisfaction of the Planning Director. 11' the following standards are not met to the satisfaction of the Planning Director, a full Variance from Improvement Standards shall he required, pursuant to Chapter 2, Article 5, Section 5 -260, VARiANCES, Subsection G, of the Eagle. County Land Use Regulations. a. Requirements i. The road improvements serving the parcel were not approved by the Bt)ard of County Commissioners. ii. 'There are no more than ten (10) parcels served by the existing.: read. iii. More than three 'of the parcels served by the existing inadequate road are developed with existing residences. iv. If an applicant seeks approval for multiple lots, a full Variance from Improvement Standards will be required pursuant to Chapter 2, Article 5, Section 5 -260 VARIANCES, Subsection G, of the Eagle County Land Use Regulations. b. Process. i. Applicability of this Temporary Regulation will be verified prior to the Building Permit review process. The applicant shall contact the Planning Director prior to submittal of it Building Permit for new construction to determine whether or, not it variance from improvement standards is necessary, and if so, whether this Administrative Variance process is a viable option. ii. The applicant shall contact the applicable emergency service providers and obtain written verification that they are willing and able to serve the parcel in question with the existing substandard roads, and /or obtain it list of improvements necessary to gain emergency service provider approval. iii. The applicant shall submit the responses from the applicable emergency service providers, and a list of roadway deficiencies inclusive of the suggested improvements and /or mitigations for each deficiency. iv. The Planning Director will evaluate the application and determine, in his sale discretion, if the Administrative Variance process will be utilized. If not, then a full Variance from Improvement Standards process shall be required pursuant to" Chapter 2, Article 5, Section 5 -260, VARIANCES, Subsection G, of the Eagle County Lind Use Regulations, prior to building or grading permit issuance. v. The Planning Director will evaluate the deficiencies and suggested improvements and /or mitigations with consideration given to the recommendations of the County Engineer, Wildfire Mitigation Manager and the applicable emergency service providers. The Planning Director may request that the applicant provide additional in1'61-11lation in order to evaluate the applicant's variance request. vi. Once the Planning Director determines that the proposed improvements andr`or mitigations are acceptable, the Planning Director will write a letter of approval approving the Administrative Variance (the "Administrative Variance Approval ") and will notify the Chief Building Official that the building or beading permit he Page 4 of 5 201310124 issued subject to the terms and conditions of the Administrative Variance Approval. vii. If the Planning Director deems some or all of the proposed improvements and /Or mitigations are unacceptable, then the applicant may opt to pursue a full Variance from Improvement Standards pursuant to Chapter 2, Article 5, Section 5 -260, VARIANCES, Subsection G, of the Eagle County Land Use Regulations. c. Standards. L The applicant shall contact the applicable emergency service providers and obtain written verification that they are willing and able to serve the parcel in question with the existing substandard roads, and /or obtain a list of improvements necessary to gain emergency service provider approval prior to submitting an application for building or grading permit. ii. The existing roadway shall he evaluated per the current Road Standards of these regulations, Chapter 2, Article 4, Section 4 -620, ROADWAY STANDARDS and any applicable standards set forth in Chapter 2, Article 5, Section 5 -260, VARIANCES. iii. The existing roadway must be wide enough to accommodate two -way traffic. iv. All recommendations for improvements and /or mitigations must he met to the satisfaction of the Planning Director. d. Effect of Approval. i. An Administrative Variance Approval shall apply only to the single parcel subject to the Administrative Variance of Road Improvement Standards. H. An Administrative Variance Approval shall be valid for one -year from the date of approval or as long as there is an active building permit for'the parcel. iii. All improvements and /or mitigations required through the Administrative Variance Approval shall be constructed prior to approval of a Temporary Certificate of Occupancy, or the final Certificate of Occupancy for the Building Permit. iv, Upon issuance of the Certificate of Occupancy, the Administrative Variance of Road Improvement Standards shall remain in effect in perpetuity. Page 5 of 5 201310124