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HomeMy WebLinkAboutR13-046 Planning Director Administrative ExtensionCommissioner Eagle County, CO 201310123 Teak J Simonton 05/21/2013 Pgs: 5 11:25:42 AM REC: $0.00 DOC: $0.00 moved adoption of the following Resolution: RESOLUTION of the. COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013 - 016. AUTHORIZING THE EXTENSION OF A TEMPORARY REGULATION UNTIL NOVEMBER 7, 2013 AUTHORIZING 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 seq., C.R.S. ( "Land Use Act "), and the County Planning Code, 30 -28 -101 et seq., C.R.S. ( "Planning Code ") 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 "). WHEREAS, During this 30 day period, a 15 day public notice was provided 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 a period not to exceed 6 months. . 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 pen-nit applicants Page 1 of 5 obtain a Variance from Improvement Standards pursuant to Chapter 2, Article 5, Section 5 -260, VARIANCES, Subsection G, of the Eagle County Land Use Reg- ulations; and WHEREAS, the Variance from Improvement Standards procedure may be a costly and time consuming process for applicants seeking individual building or grading pennits; 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 "). 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 at the Planning Director's sole discretion: a frill 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; and 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 six months until November 7, 2013. THAT, Pursuant to Chapter 2, 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, detennines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 14th day of May, 2013. 201310123 Page 2 of 5 117 c ierK to the tsoarci of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Jon �Sta Chairai Sara J. Fisher " r "; Commi'ssiti?ne �,. ,f 4 , Jillian H. Ryan Commissioner Commissioner 11-y ` seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stavney " Commissioner Fisher �. Commissioner Ryan This resolution passed by b the County of Eagle, State of Colorado vote of the Board of County Commissioners of Page 3 of 5 201310123 EXHIBIT "A" 1. Administrative Variance of Road Improvement Standards for Building or Grading Permits. Situations exist within Eagle County which requires a Variance from Improvement Standards due to substandard infrastructure prior to issuance of building or grading permits for the parcel(s) 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. If the following standards are not met to the satisfaction of the Planning Director, a full Variance from Improvement Standards. shall be 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 Board of County Commissioners. ii. There are no more than ten (10) parcels served by the existing road. 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 a Building Permit for new construction to determine whether or not 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 a 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 sole discretion, if the Administrative Variance process will be utilized. If not, then a full variance process shall be required pursuant to Chapter 2, Article 5, Section 5- 260, VARIANCES, Subsection G. of the Eagle County Land 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 information in order to evaluate the applicant's variance request. vi. Once the Planning Director determines that the proposed improvements and /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 grading permit be Page 4 of 5 201310123 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. i. 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. H. The existing roadway shall be 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. W. The existing roadway must be wide enough to accommodate two -way traffic. iv. All recommendations for improvements and/or mitigations must be 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 this 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. 201310123 Page 5 of 5