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HomeMy WebLinkAboutR05-121 temporary moratorium on zone change applications Commissioner / moved adoption of the followi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- AUTHORIZING THE ADOPTION OF A TEMPORARY MORATORIUM ON ALL ZONE CHANGE APPLICATIONS THAT WOULD RESULT IN MORE RESIDENT AL DWELLING UNITS PER ACRE THAN THE PRESENT GOVERNING ZONE DISTRICT ALLOWS, AND ALL ZONE CHANGE APPLICATIONS THAT WOULD RESULT IN COMMERCIAL OR INDUSTRIAL USES-BY-RIGHT ON PROPERTY THAT IS PRESENTLY ZONED FOR AGRICUL TURAL OR RESIDENTIAL USES 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 Control Enabling Act, ~ 29-20-101. et seq., C.R.S. ("Land Use Act"), and the County Planning Code, S 30-28-101 et seq., C.R.S. ("Planning Code") expressly delegate paramount authority to counties to iillplement land use regulations on unincorporated territory within their boundaries; and WHEREAS, Eagle County is experiencing rapid population growth which will affect the ability of the County to maintain an adequate level of public services; and WHEREAS, the County is in the process of amending the Eagle County Land Use Regulations ("LUR") and researching various balanced "growth management" tools which may take a variety of forms, including development moratoria, interim zoning, downzoning, time- limited development approvals and other growth management strategies; and WHEREAS, the County finds that it is essential to protect and preserve the environment and the public health, welfare and safety of the County and its citizenry, that it is in the County's best interest, and that it is consistent with the Land Use Act and the County Planning Code to study the potential impact of certain uses and development within the County; and WHEREAS, a temporary moratorium on all zone change applications that would result in more residential dwelling units per acre than the present governing zone district allows and on all zone change applications that would result in commercial or industrial uses-by-right on property that is presently zoned for agricultural or residential uses; and WHEREAS, on September 8,2005, a legal advertisement was placed in a newspaper of general circulation notifying the public of this proposed Resolution and of a Public Hearing to be held by the Board of County Commissioners of the County of Eagle, State of Colorado; and "VHEREAS, based on the evidence, testimony and exhibits for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, and comments from all interested parties, the Board hereby determines that a temporary moratorium on all zone change applications that would result in more residential dwelling units per acre than the present governing zone district allows and on all zone change applications that would result in commercial or industrial uses-by-right on property that is presently zoned for agricultural or residential uses are necessary and proper for the protection of the public health, safety, welfare and best interests of the inhabitants of the County of Eagle, State of Colorado. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the purpose ofthis Resolution is to enable the County sufficient time to review, study, hold public hearings and prepare and adopt an amendment or amendments to the County's LUR relating to the allowance or development of certain commercial uses, residential uses and industrial uses in unincorporated Eagle County. THAT, during a nine (9) month time period, the County will not take any action on any application on any zone change that would result in more residential dwelling units per acre than the present governing zone district allows and on any application on any zone change that would result in commercial or industrial uses-by-right on property that is presently zoned for agricultural or residential uses. THAT, it is not the purpose ofthis Resolution to deny development permits for other uses that are permitted by right or special use permit and that otherwise comply with all applicable codes, regulations and policies of the County and other regulatory agencies, or to deny building permits. THAT, it is further the purpose of this Resolution to fulfill the County's constitutional charge and statutory obligations to protect and preserve the environment and the public health, welfare and safety of the citizens of Eagle County, and in particular to protect the public health, welfare and safety of the citizens and the value, use and enjoyment of real property in unincorporated Eagle County during the interim period described in this Resolution, and thus defer official governmental action until the County has properly reviewed, studied, held public hearings and adopted amendments, if any, to the County's LUR, as necessary. THAT, the purpose of this provision is to define words, terms and phrases contained in this Resolution. Definitions are as follows: (1) "Application for a development permit" means any application for zoning permit requesting a zone change that would result in more residential dwelling units per acre than the present governing zone district allows and on any application on any zone change that would result in commercial or industrial uses-by-right on property that is presently zoned for agricultural or residential uses. 2 (2) "DEVELOPMENT" means any of the following activities that require some form of development permit pursuant to the Eagle County Land Use Regulations. (3) "DEVELOPMENT PERMIT" means an amendment to the Zoning District Map, a Conceptual/Preliminary Plan for PUD, a Sketch Plan/Preliminary Plan for Subdivision, a Final Plat for Subdivision, a Special Use Permit, a Variance Permit, a Certificate of Zoning Compliance, a Building Permit, Floodplain Permit or any other official action of Eagle County having the effect of permitting the development of land. THAT, for a period of275 days (9 months) from and after the adoption date of this Resolution, ending at 11 :59 p.ill. on July 4, 2006: (1) No application on any zone change that would result in more residential dwelling units per acre than the present governing zone district allows or on any application on any zone change that would result in commercial or industrial uses-by-right on property that is presently zoned for agricultural or residential uses may be filed, accepted, or processed for any development within unincorporated Eagle County by any Department, Board, Commission, or Agency of the County, except as provided in this Resolution. (2) The imposition of the moratorium is not intended to affect nor does it affect the processing of any application for a development permit that has been determined to be a complete application (as set forth in Section 5-21O(D)(3) of the LUR) by the Eagle County Community Development Department as of October 4, 2005. (3) The imposition of the moratorium is not intended to affect nor does it affect the processing of any application for a development permit the subject of which has received previous approval from the Eagle County Board of County Commissioners for any level of review as of October 4,2005. (4) The imposition of the moratorium is not intended to affect nor does it affect the processing of any application for a Development Permit for the construction, expansion or renovation of any development that is deed restricted and is intended to be for work force, low incoille, very low income and moderate income housing as defined by the Eagle County Housing Guideline. THAT, the Board shall provide a mechanism for an alleviation of a hardship as follows: (1) The Board of County Commissioners of Eagle County may authorize exceptions to the moratorium imposed by this resolution when it finds, based upon competent evidence presented to it, that deferral of action on an application for development permit and the deferral of the issuance of the development order or development permit for the duration of the moratorium would impose a hardship on a landowner or a developer. (2) A request for an exception based upon a hardship shall be filed with the Director of Community Development or his designee including a fee of $300.00 by the landowner or the developer with the consent of the landowner to cover processing and advertising costs and shall include a recitation of the specific facts that are alleged and support 3 the claim of a hardship and shall contain such other information as the Director of Community Development or his designee shall prescribe as necessary for the Board of County Commissioners to be fully informed with respect to the application. (3) A public hearing on any request for an exception for a hardship shall be held by the Board of County Commissioners at a regular scheduled meeting of the Board of County Comillissioners that occurs after the expiration of the period for publication of notice of the request for an exception. (4) Notice of the filing of a request for an exception and the date, time and place of the hearing thereon shall be published no less than 14 calendar days prior to the date of first public hearing. Said public notice shall be in a newspaper of general circulation within Eagle County, Colorado. (5) In reviewing an application for an exception based upon a claim of hardship, the Board of County Commissioners shall consider the following criteria: a. The extent to which the applicant has prior to October 4,2005, received Eagle County permits or approvals for the proposed development. b. The extent to which the applicant has prior to October 4, 2005, made a substantial expenditure of money or resources in advance on permits or other approvals of the county directly associated with physical improveillents on the land such as grading, installation of utilities infrastructure or any other public improvements. c. Whether the applicant prior to October 4, 2005 has contractual commitments and reliance upon permits or other approvals to complete the project. d. Whether the applicant prior to October 4,2005 has in reliance upon permits or approvals of the county incurred financial obligations to a lending institution which despite a thorough review of the alternative solutions, the applicant cannot meet unless development proceeds. e. Whether the moratorium would expose the applicant to substantial monetary liability to third persons; or would leave the applicant completely unable after a thorough review of alternative solutions to earn a reasonable investment-backed expectation on the property. The Board of County Commissioners will consider the following non-exclusive factors under the criteria set forth above: (1) The history ofthe property. (2) The history of any development on the property. (3) The history of property's future land use map classification. 4 (4) The history of the property's zoning. (5) Any change in development when property ownership is changed; and (6) The present nature, size and use of the property. (7) Any other factors deemed relevant by the Board in making a hardship determination. At the conclusion of the public hearing and after reviewing the evidence and testimony placed before it, the Board of County Commissioners shall act upon the request either to approve, approve with conditions or deny the request made by the applicant. 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 October, 2005. COUNTY OF EAGLE, STATE OF COLORADO By and ugh its BOARD OF COUNTY RS Commissioners Torn C. Stone, Commissioner Commissioner Menconi seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Menconi Commissioner Runyon Commissioner Stone This Resolution passed by vote of the Board of County Commissioners ofthe County of Eagle, State of Colorado. 5