HomeMy WebLinkAboutR22-060 Adoption of Temporary Regulations - Community Development Department DocuSign Envelope ID:ECDC7A29-FE99-4776-BCB1-C16B8B53B4E7
Eagle County, CO 202212305
Regina O'Brien 07/19/2022
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Commissioner scherr moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022 - 060
AUTHORIZING THE ADOPTION OF TEMPORARY REGULATIONS TO MODIFY
THE DEVELOPMENT REVIEW PROCESS DURING PERIOD OF TRANSITION IN
THE COMMUNITY DEVELOPMENT DEPARTMENT
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 thirty(30) days (the
"Temporary Regulations"); and
WHEREAS, during this thirty(30)-day period, a fifteen (15) day public notice shall be
given in the Eagle Valley Enterprise, advertising a public hearing to discuss the matter requiring
the Temporary Regulations, and the Board may at such hearing extend the duration of the
effectiveness of the Temporary Regulation for a period not to exceed 6 months; and
WHEREAS, there are currently five vacant positions within the planning division of the
Eagle County Community Development Department ("Community Development Department")
during, traditionally, one of the busiest periods for the Community Development Department,
and as of July 12, 2022, the County has only two planners and one contract planner managing the
land use and building files in the Community Development Department; and
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WHEREAS, as of July 18, 2022, the Director of Community Development has hired a
third planner and is conducting interviews for the remaining vacant positions; and
WHEREAS, due to short-staffing and the anticipated time necessary to onboard new
employees, and the ongoing motivation to provide a more predictable and transparent process,
the Director of Community Development is recommending approval of certain temporary
regulations, attached hereto as Exhibit 'A', which will allow existing staff to provide a thorough
and professional development review services while allowing an appropriate onboarding process
for new employees.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado (the "Board"):
THAT, these Temporary Regulations, attached hereto as Exhibit A, are applicable to the
unincorporated area of Eagle County, and are hereby approved; and
THAT, these Temporary Regulations shall remain in effect for 30 days from the date that
the Board executes this Resolution; and
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 may extend these Temporary Regulations for a period of time not to exceed 6
months; and
THAT, the Board hereby directs staff to provide a copy of this Resolution to all
prospective land use applicants during the duration of the Temporary Regulations.
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.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 19th day of July, 2022.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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COUNTY OF EAGLE, STATE OF
DocuSigned bCOLORADO, By and Through Its
``""``� BOARD OF COUNTY COMMISSIONERS
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ATTEST: `o,oaao°
DocuSigned by: f-DocuSigned by:
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County Commissioners Chair
Kathy Chandler-Henry
Commissioner
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Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Abesent
Commissioner Scherr Aye
This resolution passed by 2/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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EXHIBIT A
Temporary Regulations—Article 5, Eagle County Land Use Regulations
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 are 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 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 forty (40)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-
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application meeting must occur within four (4) two (2) months prior to the formal
application. (am. 12/16/08)
5. Written Summary. Within ten (10) 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)
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)
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d. Vicinity Map. An eight and one-half inch by eleven inch (8 `/2" 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 Completeness. As part of application initiation, the Applicant shall
an application is complete. An application shall be deemed complete when it contains the
following: (1) submittal and completion of all applicable application forms; (2) submittal
of all required supporting application information; (3) submittal of all required fees. Once
an application is received by the County , a determination of
completeness will be made within ten (10) five (5)
working days
at this meeting as to whether or not there is adequate detail for referral of the file.
4. Determination of Sufficiency. The Planning Director shall determine if anthe
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. The timeline for determining sufficiency is as follows:
a. Amended Final Plat and Minor B Subdivisions shall be reviewed for sufficiency
and a determination made within thirty(30)5 working days.
b. Exemption Plats, Minor Type A, Variances, Limited Review, FONSI, Miner
Special Use Permits, or PUD Amendments (Administrative) and Special
District Service Plans shall be reviewed for sufficiency and a determination made
within thirty(30)4-0 working days.
c. Sketch and Preliminary Plans for Subdivision; Sketch and Preliminary Plans for
PUD, PUD Amendments, Zone Changes, Major Special Use Permits, Land Use
Regulation Amendments, Final Plats, and 1041 Permits shall be reviewed for
sufficiency and a determination made within sixty(60)20 working days.
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a. Determined Insufficient. If the Planning Director determines the application is
insufficient, a written notice shall be distributed 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) working days of receiving the notice of sufficiency comments,
and has not communicated a viable reason for delay to the Planning Director or
assign, the application shall be considered withdrawn. The applicant may appeal
the Planning Director's 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. The Planning Director or
their assigns may simultaneously request a specified number of application copies
for referral purposes. For Amended Final Plat, and Minor Type B Subdivision
applications,referral copies may not be necessary. (am 05/01/07)
c. Referral Distribution. Within fifteen (15) five (5)working days from the date
that the requested number of referral copies is received by the Planning
Department, the Planning Director shall distribute the application materials
provided to the appropriate review agencies. (am 12/16/08)
d. Referral Time Period. The length of the referral period shall be a maximum 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)
5. Post Referral Period Stakeholder Meeting.
a. Within thirty (30) 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,
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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)working 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) working
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 thirty (30) 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)working 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) working days and has not communicated a viable reason for
delay to the Planning Director or assign, then the application shall be considered
withdrawn. (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, including 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
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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 receipt of referral responses. The applicant shall provide
the County with a written response detailing how referral comments have been
addressed, and if not addressed why not. Notwithstanding the foregoing, an
applicant shall not be permitted to request that an application be scheduled for a
public hearing if the deficiencies relate to information or documents that are
required by the ECLUR and which an applicant has failed to or refused to provide
within the timeframes set forth in the ECLUR
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 of approval necessary to bring the development into compliance with
the appropriate review standards, or it may contain a recommendation of denial of
the application based on the existing deficiencies. Conditions of approval, if
necessary, are intended to eliminate any areas of noncompliance or mitigate any
adverse effects of the proposed development.
h. Upon the scheduling of public hearing dates, new additional and/or revised
information shall be submitted to County staff no later than 20 working days in
advance of the scheduled public hearing date."
6. 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)working 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 1 2/16/08)
7. 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. Except as otherwise agreed to by the applicant, tThe first
public hearing shall be scheduled no later than one hundred twenty(120)days sixth
days after the application has been determined to be sufficient, providing sufficient time
for resolution of referral comments and for a Staff Report to be prepared, and for the
public notice requirements to be satisfied. (am 9/27/99)(am 12/16/08)
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