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HomeMy WebLinkAboutR05-137 amending LURs to provide clarity of intent Commissioner tt..vw I..f {)L.J moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COl\1MISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- l31 IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO PROVIDE CLARITY OF INTENT Eagle County File No. LUR-0054 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 to 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, the Board has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "E.C.L.UR."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-116, and Section 5-230 of the E.C.L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, C.R.S. 30-28-133, and Section 5-230 of the E.C.L.UR., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on or about August 1, 2005 the Eagle County Department of Community Development initiated proposed amendments to: ~ Section 2, Article 2 Definitions: Revision of existing definitions and addition of new definitions for increased clarity of regulatory intent ~ Section 2, Article 3 Zone Districts: Temporary Construction Trailers included as a use-by-right in all zone districts. Reformatting and clarification of regulations 1 pertaining to Accessory Dwelling Units. Clarification of regulations pertaining to Tree Storage. Clarification that Accessory Buildings may be larger than 850 sq. ft. if approved via Special Use Permit. ~ Section 2, Article 4 Site Development Standards: Update reference to the International Building Code and International Code Council, as applicable. ~ Section 2, Article 5 Administration: Interchanged reference to 'Master Plan' with 'Comprehensive Plan' throughout Article 5, as applicable. Added public notice requirements for Comprehensive Plan. Clarification of definition and procedure for Minor Type 'B' Subdivision process. ~ Section 2, Article 6 Nonconformities: Property merger language included pursuant to c.R.S. Section 30-28-139. Such proposed amendments were referred to both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission for their review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on October 5,2005, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on October 6, 2005, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on November 8, 2005, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, based on the evidence, testimony, exhibits and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, recommendation of the Planning Commission and comments from all interested parties, the Board hereby determines that the proposed amendments are necessary and proper for the protection of the public health, safety, welfare and best interest 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 Eagle County Land Use Regulations is hereby amended, effective December 13, 2005, as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, this amendment of the E.C.L.U.R. shall not constitute nor be construed as a 2 waiver of any violations existing at the time of adoption ofthis Resolution. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word ofthis Resolution, including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the public health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 13th day of December, 2005, nunc pro tunc to the 8th day of November, 2005. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ~ By: Teak 1. Simonton Clerk to the Board of County Commissioners Peter F. Runyon, Commissioner By: Tom C. Stone, Commissioner 3 t Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi ~ Commissioner Peter F. Runyon ~ Commissioner Tom C. Stone ~ 4 I - 1'2", \' -~ ARTICLE 2 DEFINITIONS - EAGLE COUNTY ARTICLE 2 DEFINITIONS SECTION 2-100. PURPOSE The purpose of this Article is to define words, terms and phrases contained within these Land Use Regulations. SECTION 2-110. DEFINITIONS The following words shall have the following meanings when used in these Regulations. ACCESSORY BUILDING means a building located on the same lot as the principal building to which it is accessory that is clearly incidental, subordinate and secondary and deyoted to the principle use, and which is customarily found in conjunction with the principal building. buildings, excluding garages and agricultural buildings shall not be larger than eight-hundred-fifty (850) square feet (see also definitions for 'garage' and 'agricultural building'). See separate definition of garage. ACCESSORY DWELLING UNIT means a dwelling unit that is accessory and subordinate to the principal use of the propertyalliHs that has been designed and intended for occupancy by the caretaker of said property, persons who live and work in Eagle County, or relatives and guests of the occupants of the principal use of the property. An accessory dwelling unit contains a kitchen facility separate from the principal use (see definition for 'kitchen facility '). Accessory dwelling units shall meet the criteria stated in Article 3, Section 3-310.A eta seq. COMPREHENSIVE (MASTER) PLAN means a compendium of reports, charts, graphs, drawings, maps or plans as may be adopted, or any portion thereof or any amendment thereto, that set forth recommendations and policies for guiding future growth and development, while providing for the public's health, safety and general welfare. The Eagle County Master Comprehensive Plan, adopted by the Eagle County Planning Commission on January 3, 1996, is the officially adopted mastef comprehensive plan for Eagle County, andfuljills the statutory requirements of eR.S. 30-28-106.. The Eagle County Mastef Comprehensive Plan also incorporates community and sub area plans adopted for particular areas of the County and functional plans, such as the Open Space Plan, Eagle River Watershed Plan, Housing Plan, and the Trails Plan, those addressing particular issues of concem to the County (trails, open space, housing, etc.). DEVELOPABLE LAND means net land available for building or other development which isfree/rom natural water bodies or the 100-year floodplain. . Deyelopable land specifically excl~des land that is under ,>vater or is located 'Nithin the one hundred (100) year floodplain. DUPLEX DWELLING Duplex dwelling means a building containing two (2) structurally independent dwelling units, either side by side or in an over and under (stacked) configuration that appears to be a single, integrated structure. In the side by side configuration, The two units shall be totally separat~d from each other by an un-pierced common wall extending from ground to roof that has been constructed to meet applicable IRC separation standards. The units shall be contiguous, but may be offset alO1tg the common wall, so long as the resulting structure appears to be a single building. In the over and under configuration, the units shall be totally separated from eaoh other by an un pierced ceiling and floor extending from ext~rior wall to exterior wall. Duplex Dwellings and the surroUltding property may be held in single ownership; may be LAND USE REGULATIONS 2.2 EAGLE COUNTY. COLORADO Article 2. February II. 2003 subdivided such that each unit and correspondillg portiollS of the surroundillg property can be separately oWlled (two Y; duplex lots), or; may be subdivided such that each ullit CQll be separately oWlled with the surroullding property held ill commOIl oWllership (a three lot arrallgement). A duplex dwelling may also be identified in these regulations as a "two (2) family dwelling." SllX.l!Y-SllX tOOFiGmA'OON CMR-UNOER CONFIGURA noo UN.PlERCED CEII.ING AND FlOM EXIDIOlNC fRaI EXTERIOR WAU TO EXTERIOR WALl DWELLING UNIT means one (1) or more rooms in a dwelling occupied by a family living independently of any other family and having not more than one (1) indoor kitchen facility that is limited to the use of the family. It also means one (1) or more rooms in a dwelling occupied by multiple housekeeping units living LAND USE REGULATIONS 2-3 EAGLE COUNTY, COLORADO Article 2, February II, 2003 independently from any other housekeeping units and having not more than one (1) indoor kitchen facility that is limited to the use of those housekeeping units. A dwelling unit contains human living facilities, including facilities for sleeping, cooking and sanitation. A dwelling unit shall include a mobile home, but shall not include hotels, motels, clubs, boarding houses, rooming houses, or any institutions, such as an asylum, hospital, jailor group home, where human beings are housed by reason of illness or under legal restraint. As determined by zoning, a lot or parcel may contain one single family dwelling unit, two dwelling Ultits in a duplex structure, or multiple dwelling units in a townhome structure, a condominium or an apartment building. Patio homes (see separate definition in this section) may also be allowed through the appropriate planning processes. Dwelling units are of the following categories: 1. Single-Family Dwelling, means a free-standing, detached building containing a single dwelling unit. 2. Duplex Dwelling means a building containing two (2) dwelling units connected by a common wall shared by the units, as further defined in the illustration on the follo>:/ing prior page and by separate definition in this section" neither of which are multi-housekeeping-unit dwelling units. (see definition for Multi-Housekeeping-Unit Dwelling Unit). 3. Multi-Family Dwelling means a building containing three (3) or more dwelling units, none of which are multi-housekeeping-unit dwelling units. Multifamily dwellings include but are not limited to condominiums, townhomes and apartments. 4. Multi-Housekeeping-Unit Dwelling means a building containing one (1) or more multi- housekeeping-unit dwelling units. HABITABLE SPACE means any space or area in a structure used for living, sleeping, eating or cooking. Habitable space shall have a ceiling height offive (5) feet, zero (0) inches or more between the surface of the earth and/or floor system and the underside of the structural member(s) of the floor directly above. Any habitable space that is not an accessory dwelling unit that is located within a detached garage, agricultural building or other accessory structure, unless otllerwise approved through special use, shall not exceed eight-hundred:fifty (850) square feet. All habitable space shall be included in a calculation of the property's maximum floor area in those zone districts where floor areas are restricted. KITCHEN FACILITY means fixtures and equipment for food storage and preparation of meals, whioh may inelude, but is not limited to any or all of the following: a sink, stove, microwave oven, dishwasher, refrigerator and food storage facilities. ,A. reoreation room, '.vet bar or similar faoility that is a homeowner convenience and is not intended to function as the kitchen facility for a separate dwelling unit shall not be considered a kitchen facility for the purpose of determining the number dwelling units in a development. a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family which contains a sink and a stove or oven powered by either natural gas, propane or 220- V electric hook-up. A recreation room, wet bar or similar facility that is a homeowner convenience and is not intended to function as the cooking facility for a separate dwelling unit shall not be cOllsidered a kitchen facility (see also 'wet bar facility '). LAND USE REGULATIONS 24 EAGLE COUNTY, COLORADO Article 2, February /1, 2003 M,A1STER PLAN (See definition for COMPREHENSIVE PLAN) means a compendium of reports, charts, graphs, dra'Nings, maps or plans as may be adopted, or any portion thereof or any amendment thereto, that set forth recommendations and policies for guiding future grmvth and development, 'Nhile providing for the public's health, safety and general vlelfare. The Eagle County Master Plan, adopted by the Eagle County Planning Commission on January 3, 1996, is the officially adopted l11ilster plan for Eagle County. The Eagle County Master Plan also incorporates community and sub area plans adopted for particular areas of the County and functional plans, such as the Open Space Plan, Eagle River Vlatershed Plan, Housing Plan, and the Trails Plan, addressing particular issues of concern to the County. MECHANICAL AREA means an enclosed area within a structure that is intended to house the electrical, heating, plumbing and air conditioning systems related to the structure. Any square footage located with ill the mechanical area larger thall that required to accommodate the mechanical equipment will be calculated as habitable space as specified by the applicable zone district and the Eagle County Building Resolution (see also definition of 'Habitable Space '). PATIO HOME means a free standing structure c01ltaining a single family dwelling unit that is surrounded by land under common ownership. Each home shall be located Oil a separate parcel of land which shall be configured to approximate the outline of the structure's footprint. The layout of patio homes on a property shall be approved through the appropriate plallning processes and each patio home parcel shall be platted through the appropriate fillal plat process. TEMPORARY CONSTRUCTION TRAILER means a wheeled trailer capable of being pulled by a motorized vehicle that is intended to temporarily house office space or store construction materials on a cOllstruction site. Temporary construction trailers shall only be allowed durillg the time that a building permit is active on the property. WET BAR FACILITY means a facility that contaills a sillk, refrigerator, dishwasher and/or microwave oven, but expressly not a stove or ovell, within a dwelling Ullit or accessory structure that is illtendedfor the storage, preparation and serving of food or drink to residents or guests of the dwelling ullit. Stub outs for natural gas, propane or 220- V electric hook-ups are not considered customarily incidelltal to a wet bar. (See also definition of 'Kitchen Facility'). EAGLE COUNTY, COLORADO Article 2, February fI, 2003 ARTICLE 3 ZONE DISTRICTS - EAGLE COUNTY TABLE 3-300 RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by Limited FH' RMF RSM RSL RR AL AR RL R BCI Standards Review; S Allowed by Special Review; N = Not Allowed Land Application of domestic or industrial sludge N N N N N N N S S N Sec, 3-310 Q Processing (including alfalfa pellet mill, saw mill, gravel crushing, N N N N N N N N S N Sec. 3-310 P asphalt or concrete batch plant, but excluding primary wood processing) elecommunication Facilities N S S S S S S S S N Al!ricultural/Forestrv Uses AgricLlture and Customary Accessory Agricultural BlJ!ldings N N N N R R R R R N -""'" c_ Boarding Stable N N N N S S S S R N Fanners Market N N N N S S S S S N Fann or Ranch Stand/Sales of Agricultural Products N N N N L L L L L N See, 3-310 R Feedlot N N N N N N N N S N Forestry N N N N N N N N R S Sec. 3-310 S Livestock Sales Yard N N N N N N N N S N Sales of Commercial Firewood N N N N N N N N S N [free Storage N N N N N L L L L N Sec, 3-310 Aa ResortlRecreationl Amusement Uses Drive-in Theater N N N N S S S N N N Golf Course or Golf Driving Range N N N N S S S S S N Mass Gatherings N N N N N N N N L S Sec, 3-310 T Ioutfitter and Guide N N N N R R R R R R Sec, 3-310 U Polo Field N N N S S S S S S N Recreational Vehicle Park N N N N S S S S S N Resort Recreational Facility; Dav or Resident Camp N N N N N N N N S S Sec, 3-310 V Riding Stable N N S S S S S S R' N Ski Area N N N N N N S S S S Sports Complex N N N N N S S S S N Sports Shooting Range N N N N S S S S S N Temporarv Uses emporary Building or Use' N S S S S S S S S N Sec. 3-310 W LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 3, Apri/19, 1004 TABLE 3-300 RESIDENTIAL, AGRICULTURAL AND RESOURCE ZONE DISTRICTS USE SCHEDULE Uses: R'" Use By Right; L= Allowed by Limited FH1 RMF RSM RSL RR AL AR RL R BCl Standards laeview; S '" Allowed by Special Review; N = Not Allowed Iremporary Housing N L L L L L L L L N Sec. 3-310 X Notes: I. Existing uses located within the boundaries of each "Fulford Parcel" as of September I, 1988, and identified on the "Fulford Land Use Map No.1", on file in the offices of the Eagle County Department of Community Development, shall be considered uses by right in the Fulford Historical (FH) zone district. 2. In addition to other considerations, the applicant shall adequately demonstrate that environmental hazards and impacts resulting from any proposed construction of dwelling units, out buildings, or other structures within the Backcountry (BC) zone district are adequately mitigated, resulting in no net adverse impact upon the environment 3. An accessory dwelling unit proposed as part of a cluster development shall be allowed by Special, rather than Limited Review. 4. A convenience store may also conduct retail gas sales, but automobile service and repair shall only be allowed in commercial and industrial zone districts; see Table 3-320. The maximum size for a convenience store is 3,500 square feet of floor area. 5. The maximum size for a laundromat is 2,000 square feet of floor area. 6, In addition to the standards listed for particular uses, see also Article 4, Division 5, Commercial/Industrial Perfonnance Standards, 7. Dwellings for persons and their immediate families employed principally or seasonally in a bonafide agricultural or ranching activity on a minimum of 35 acres are also allowed, 8. Use By Right riding stables in the Resource zone district shall be allowed on lots of 35 acres or greater in size. Riding stables occurring on lots less than 35 acres in size in the Resource zone district shall require a Special Use Pennil. 9, Temporary COllstructioll Trailers shallllot be subject to Special Review, but shall COliform to all applicable buildillg code requiremellts alld to those stalldards defilled ill Article 2 of these Lalld Use Regulatiolls. SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL, AGRICULTURAL AND RESOURCE USES A. Accessory Dwelling Unit. 1. Applicability. Accessory dwelling units shall be permitted as a Use By Right on parcels that conform with the minimum lot size standard in the Resource zone district and by Limited Review 011 parcels that conform with the minimum lot size standard in tlte Resource Limited, Agricultural Residential, Agricultural Limited, Rural Residential and Residential Suburban Low DellSity zone districts. An accessory dwelling unit may be allowed on legal, nonconforming lots or parcels subject to Special Review (see Section 6- 120, Nonconformim! Lef!al Lots of Record). Upon specific request at the time of subdivision application, accessory dwelling units may also be allowed in Planned Unit Developments. U. Number. No more than one (1) accessory dwelling unit shall be permitted in conjunction with and in addition to the principal use of the parcel. An accessory dwelling unit in the Resource Zone District on 35 acres or more perparoel is oonsidered a use by right and exempt from Limited Revie?,' and notice requirements. EAGLE COUNTY. COLORADO Article 3. April /9. 2004 ARTICLE 3' ZONE DISTRICTS 3-3/0, REVIEW STANDARDS ~3. Size and Use. The size of accessory dwelling units shall be determined by the zone district and parcel size as follows: Minimum Accessory Unit Zone District Parcel Size Max. Floor Area R 35 acres 1,800 sq. ft. RL 20 acres 1,200 sq. ft. AR 10 acres 1,000 sq. ft. AL 5 acres 850 sq. ft. RR 2 acres 850 sq. ft. RSL 15,000 sq. ft. 600 sq. ft. PUD - As approved. In the R8L zone district, the floor area contained within the accessory dVlelling unit shall count to'Nard the maximum allo'Nable floor area permitted on the parcel. Accessory dwelling units are not allowed in conjunction with duplex or multi-family units nor shall short term rentals (less than 14 days) be allowed. (am 3/12/02) 4. Floor Area Calculation. In the RSL zone district, the floor area contained within the accessory dwelling unit shall count toward the maximum allowable floor area permitted on the parceL ~5. Location. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure if: 1) it is located within or above a garage: 2) it is located within a lawful accessory building; or 3) it is independent from any structure located within the Resource (R), Resource Limited (RL) or Agricultural Residential (AR) zone district. (am 3/12/02) 46. Parking. There shall be one (1) additional off-street parking space provided for any accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit containing two (2) or more bedrooms shall have two (2) off-street parking spaces. ~7. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use of the parcel. 68. Dimensional Limitations. f.ccessory dwelling units shall only be permitted on parcels that confDrm ':lith the minimum lot size standard of the underlying zone district, ho'.vever, an accessory dwelling unit may be allowed subject to Special Review on legal, nonconfonning lots or parcels (see Section 6 120, Nonconforming Legal Lots of Record ). The unit Accessory dwelling units shall be developed so as to conform to all setback, height, lot coverage, floor area and other dimensional limitations of the underlying zone district, but shall not count towards any applicable density limitations for the property. Accessory dwelling units are included in the calculation of single family equivalents (SFE) as set forth in Chapter 6, Eagle County Guidelines for Matters of State Interest (see Chapter 6, Section 6.01.04) EAGLE COUNTY. COLORADO Article 3, April /9, 2004 ARTICLE 3: ZONE DISTRICTS 3-310, REVIEW STANDARDS +9. Adequate Facilities. It shall be demonstrated that the accessory dwelling unit will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads. Aa. Tree Storage. (orig 3//2/02) 1. This use shall be limited to the open storage of trees or plant materials only. Tree storage sites shall expressly not be used as contractor storage yards, as further defined by these regulations. 2. Sales. There shall be no retail sales of trees or retail clientele allowed on the property. All tree sales must occur off the property at such businesses as a greenhouse or nursery. 3, Advertisement. Tree Storage areas shall not be advertised, nor shall signs advertising the business for which the trees are being stored be allowed. 4. Operation. Operation of noise producing equipment shall be limited to the hours of 8am tmtH to Spm. Monday through Saturday. 5. Nuisance. The land owner/operator shall ensure minimal noise, dust and garbage. Construction trash may not be stored on the site and Ddead plant materials must be promptly removed. 6. Proof of Adequate Water. Proof of adequate and legal water to be used for irrigation purposes must be provided with application. 7. Access, Proof of adequate and legal access to the site shall be provided. EAGLE COUNTY, COLORADO Article 3, Apri/19, 1004 TABLE 3-320 COMMERCIAL Al\1J> INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by Limited Review; CILI C/GI II RC2 Standards S = Allowed by Special Review; N = Not Allowed Public Facilities, Utilities and Institutional Uses Ambulance Facility R R R R Auditorium S N N S Church S S N S Community or Public Administration Building S S N S Educational Facility S S N S Fratemal Lodge R R N R Heliport S S S S Helistop L R R L Hospital S S N S Impound Lot N S S N Library R R N R Museum R R N R Open space or Greenbelt R R R R Park and Outdoor Recreation/Recreation Facilities R R S R Parking Lot or Garage (as the principal use of the parcel) S S S S Recycling Collection Center R R R R Post Office/Private Postal Facility R R S R Transportation Services S S S S Utilities, including water storage and treatment and wastewater treatment S S S S facilities Utility Distribution Facilities R R R R Utility Substation S S S S Water Impoundments S S S S Temporary Uses Temporary Building or Uses6 I S I S I S I S I Sec. 3-310 W Notes: I. Each allowed use shall not exceed 22,000 s.f. of floor area and shall only occur on a lot greater than one (I) acre in size, Any use by right that meets these standards may only be developed on a lot that was part of a subdivision approved by Eagle County for which site specific information was provided regarding lot layout, street pattern, drainage, landscaping and utilities; otherwise, the TABLE 3-320 COMMERCIAL AND ll,rnUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R= Use By Right; L= Allowed by Limited Review; CIL' C/G' I' RC2 Standards S = Allowed by Special Review; N = Not Allowed use shall be considered a use allowed by special review. 2. Any use listed in Table 3-300 as a use by right in the Residential Suburban Medium Density (RSM) zone district shall be considered a use by right in the Rural Center (RC) zone district. Any use listed in Table 3-300 as a use allowed by special review in the Residential Suburban Medium Density (RSM) zone district shall be considered a use allowed by special review in the Rural Center (RC) zone district. 3. Auto service station may also include a car wash. 4. In addition to the standards listed for particular uses, see also Article 4, Division 5, Commercial/Industrial Performance Standards. 5. Limited to processing of natural resources and agricultural materials for food and beverages or clothing. 6. Temporary Construction Trailers shall not be subject to Special Review, but shall conform to all applicable building code requirements and to those standards defined in Article 2 of these Land Use Regulations. ARTICLE 3,' ZONE DISTRICTS 3.340, ZONE DISTRICT DrMENSIONAL LIMITATIONS Notes: 1. Minimum lot area per use may be further restricted if an individual sewage disposal system is proposed. For standards see Section 4-690, Sanitary Sewage Disposal Standards. 2. Maximum lot coverage and maximum floor area may be further restricted by other standards of these Regulations, including slope development standards. Provided no residential lot shall be so restricted by minimum lot area per use or maximum floor area ratio limitations that it cannot be occupied by a single- family dwelling containing no more than fifteen hundred (1,500) square feet of floor area. 3. A 50 foot strip of land or the 100 year floodplain, whichever is the greater distance, measured horizontally from the high water mark on each side of any live stream shall be protected in its natural state with the exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices may be constructed thereon. If necessary to protect the stream, additional width may be required. Underground utilities may be located in such protected area providing there is no practical alternative location for such utilities, that the plans are approved by the County Commissioners as a Special Use, and that all construction scars are revegetated. 4. Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances and spires, domes, cupolas, towers, antennas intended as an accessory use, and similar non-inhabitable building appurtenances may exceed the maximum height limitations of the underlying zone district by not more than thirty (30) percent. 5. A Fulford Parcel is two (2) or more continuous lots, under common ownership as of January I, 1988, as recorded in the office of the Eagle County Clerk and Recorder. The interior lot lines of two (2) or more contiguous lots under common o~ership shall not be used to determine setback requirements. 6. Floor area and setback limitations notwithstanding, a single ownership lot in existence as of January I, 1988, and as recorded in the office of the Eagle County Clerk and Recorder, shall be permitted to contain a single-family residential unit containing up to one thousand (1,000) square feet of floor area, provided the maximum lot coverage of buildings shall not exceed twenty-five (25) percent of lot area. 7. Considering only the net area of developable land. 8. Density shall not exceed twelve (12) dwelling units per acre of net developable land. 9. Effective density may be reduced by other standards of these Regulations, including the slope development standards. 10. Minimum lot area may be reduced for a Cluster Development; see Section 3-310 B, Cluster Development. 11. A combination of compatible uses may be considered as a single use. 12, Or such smaller area as may have been legally created prior the adoption of subdivision regulations by Eagle County on April 6, 1964. 13. Accessory buildings, excluding garages, and unless otherwise approved through special use, shall not be larger than eight hundred-fifty (850) square feet. The floor area of the accessory building shall count toward the property's maximum floor area (if the accessory building contains habitable space) and lot coverage calculations. Its location shall comply with all applicable setback standards and it shall comply with the applicable height restrictions of the underlying zone district. (orig 3//2/02) LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 3. February II. 2003 ARTICLE 4 SITE DEVELOPMENT STANDARDS ARTICLE 4 SITE DEVELOPMENT STANDARDS - EAGLE COUNTY SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS . Parking Surface and Drainage. Off-street parking areas, aisles, and access drives shall have a durable, all weather surface, made of materials that (1) are suitable to the uses to which the parking area will be put, and (2) are compatible with the character of the proposed development and the surrounding land uses and parking areas. Appropriate parking surface materials may include, but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass ring surface may be used for temporary or emergency situations. Parking surfaces shall be compacted and graded, with a minimum grade of two (2) percent for asphalt, one (1) percent for concrete, and two (2) percent for paving blocks, gravel, or grass ring surface, to permit drainage of surface water without damage to public or private land or improvements. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots over four (4) contiguous spaces. A. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles and back-up areas shall be as specified in the illustration on the following page. For 90 degree allgle parkillg, the length of a parking space may be reduced to eighteen (18) feet, including wheel stop, if an additional space of two (2) feet in length is provided for the front overhang ofthe car, provided that the overhang shall not reduce the width of the adjacent walkway to less than four (4) feet. B. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be ten (10) feet wide by thirty-five (35) feet long, with a vertical clearance of fourteen (14) feet. Where the vehicles generally used for loading and unloading exceed these standards, the dimensions ofthese berths shall be increased. C. Compact Car Spaces. In parking areas containing more than ten (10) spaces, up to twenty (20) percent of the spaces over and above the first ten (10) spaces may be designed for compact cars. 1. Minimum Dimensions, A compact car space shall have minimum dimensions of eight (8) feet in width by sixteen (16) feet in length. 2. Sign. Compact car spaces shall be designated for exclusive use by compact cars with a raised identification sign or stencil. The identification sign shall be twelve (12) inches by eighteen (18) inches, with a height not to exceed seven (7) feet. The standard colors of the sign shall be white on green. The stencil may be either white or yellow in color. D. Handicapped ("Accessible") Parking. Any use requiring special access, as defined in the Uniform Illtematiollal Building Code ((jIBC) or the American National Standard Illstitute A-I 17.1-1992-8 published by the Council of Illtematiollal Code Committee Amerioan Building Officials (C^.BOlf.NSI Al17.1~, shall provide, according to Table 4-140 except as otherwise required under (jIBC or CABO/ ICC/ANSI A 117.1, as each may be amended from time to time, spaces for use only by persons with disabilities ("handicapped parking," "accessible parking"). One van accessible parking space shall be provided for every five (5) accessible parking spaces, or fraction thereof 1. Minimum Width. Parking spaces shall have a minimum stall width of eight and one-half (8.5) feet with an adjacent access aisle five (5) feet wide. Parking access aisles shall be ARTICLE 4.' SITE DEVELOPMENT STANDARDS 4.[40, DESIGN STANDARDS/PARKING & LOADING AREAS part of the accessible route to the building or facility entrance and shall further comply with the YIBC or GABG ICC/ ANSI A 117.1. Two accessible parking spaces shall be permitted to share a common access aisle. a. Van Parking Adjacent Access Aisle, Van parking shall have a minimum adjacent access aisle width of eight (8) feet. b. Passenger Loading Zones. Passenger loading zones shall provide an access aisle five (5) feet in width and a minimum of twenty (20) feet long, adjacent and parallel to the vehicle pull-up space and at the same level as the roadway. Passenger loading zone access aisles shall be part of the accessible route of travel to the building or facility entrance. 2. Sign. Accessible parking spaces shall be identl1ied by a SIgn showing the intemational symbol of accessibility complying with GABGICC/ ANSI A.l17.1 section 4.28.8. Signs shall not be obscured by a vehicle parked in the space. 3. Location. Except as otherwise excepted or modified by the YIBC, accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. 4. Design and Construction. Design and construction of handicapped parking shall be in accordance with GABGICC/ ANSI A 117.1. 5. Most Restrictive Provisions Apply. Where there may be a conflict in the particulars between these Land Use Regulations, the YIBC, and/orGABGICC/ANSI AI17.1, as each may be amended from time to time, the most restrictive provision shall apply. TABLE 4-140 (am 9/27/99) NUMBER OF ACCESSIBLE PARKING SPACES Total Parking Spaces in Lot or Garage Minimum Required Number of Accessible Spaces 1 - 25 1 26 - 50 2 51 -75 3 76 - 100 4 101 - 150 5 151 - 200 6 201 - 300 7 ARTICLE 5 ADMINISTRA TION ARTICLE 5 ARTICLE 5,' ADMINISTRA TION 5-1 W PLANNING COMMISSION 10. Variance on Improvement Standards. To hear, review, consider and approve, approve with conditions, or disapprove variances to improvement standards. 11. Appeal Decision/Interpretation of Community Development Director. . To hear, review, consider, and affirm, modify, or reverse appeals of interpretations or decisions made under these Land Use Regulations by the Community Development Director. 12. Extensions/Expirations. To hear, review, consider and determine whether to approve an extension of a Special Use Permit, Sketch PlanlPreliminary Plan for PUD, or Sketch PlanlPreliminary Plan/Final Plat for Subdivision. 13. Expiration of Permits. When appropriate, to initiate and determine when to take action to expire the life of a Special Use Permit, Sketch/Preliminary Plan for PUD, or Sketch PlanlPreliminary PlanlFinal Plat for Subdivision. 14. Special Districts. To hear, review, consider, and approve or disapprove the service plans for Special Districts. 15. Appoint Hearing Officers. To designate and appoint Hearing Officers to make decisions as the Board of County Commissioners may deem appropriate. 16. Other Action. To take such other action not delegated to the Planning Commission, the Zoning Board of Adjustment, or Hearing Officers or heads of County departments, as the Board of County Commissioners may deem desirable and necessary to implement the provisions of the Mastef Comprehensive Plan and these Regulations. SECTION 5-110. PLANNING COMMISSION A. EAGLE COUNTY PLANNING COMMISSION 1. ESTABLISHMENT. There is hereby established the Eagle County Planning Commission. 12. Powers and Duties. The Eagle County Planning Commission shall have the following powers and duties under the provisions of these Land Use Regulations for all matters within the unincorporated portions of Eagle County. a. Prepare Master Comprehensive Plan. To prepare or cause to be prepared or amended the Mastef Comprehensive Plan, or any element or portion thereof, for adoption by the Planning Commission. The Eagle County Planning Commission shall be responsible for the preparation, adoption and amendment of the countywide mastef comprehensive plan and community plans for areas of Eagle County that are not within the boundaries of a regional planning commission. b. Prepare These Land Use Regulations. To prepare or cause to be prepared Land Use Regulations to implement the Mastef Comprehensive Plan, for adoption by the Board of County Commissioners. c. Recommend amendments to text of these Land Use Regulations. To initiate, hear, review, consider, and make recommendations to the Board of County ARTICLE 5: ADMINISTRATION 5-110. PLANNING COMMISSION Commissioners to approve or disapprove applications to amend the text of these Land Use Regulations. d. Recommend amendments to Official Zone District Map. To initiate, hear, review, consider, and make recommendations to the Board of County Commissioners to approve or disapprove amendments to the Official Zone District Map of these Land Use Regulations. e. Recommend Planned Unit Development (PUD) District. To hear, review, consider, and make recommendations to the Board of County Commissioners to approve or disapprove applications for a Sketch/Preliminary Plan for a Planned Unit Development (PUD) District. f. Special Uses. To hear, review, consider, and make recommendations to the Board of County Commissioners to approve, approve with conditions, or disapprove Special Use Permits. g. Subdivision. To hear, review, consider, and make recommendations to the Board of County Commissioners to approve, approve with conditions, or disapprove applications for development permit for Sketch/Preliminary Plans for Subdivision. h. Special Districts. To hear, review, consider, and recommend approval, approval with conditions, or disapproval to the Board of County Commissioners of service plans for Special Districts. i. Make Expertise Available. To make its special knowledge and expertise available upon written request and authorization of the Board of County Commissioners to any official, department, board, commission or agency of the County, a City within the County, the State or Federal govemments. j. Recommend Rules of Procedure. To recommend to the Board of County Commissioners additional or amended rules of procedure not inconsistent with this Section to govern the Planning Commission's proceedings. k. Make Additional Studies. To make studies of the resources, possibilities and needs of the County upon the authorization of the Board of County Commissioners, and to report its findings and recommendations, with reference thereto, to the Board of County Commissioners. ~3. Planning Commission membership. a. Qualifications. Members and associate members of the Eagle County Planning Commission shall be residents of Eagle County prior to appointment, and registered voters. No member of the Board of County Commissioners shall serve on the Eagle County Planning Commission. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration should be given to applicants who have experience or education in planning, law, architecture, natural resource management, real estate, and related fields. ARTICLE 5,' ADMINISTRATION 5-110, PLANNING COMMISSION b. Appointment. The Eagle County Planning Commission shall be composed of seven (7) voting members and associate members as necessary, to be appointed by a majority vote of the Board of County Commissioners by Resolution. 34. Terms of office. All members and associate members serving on the Planning Commission on the effective date of these Land Use Regulations shall complete their terms according to their prior appointments. The term of office of each member appointed under these Land Use Regulations shall be for three (3) years. The term of office for each associate member appointed under these Land Use Regulations shall be for one (1) year. When a person is appointed to fill out the term of a departing member or associate member, that person's term shall end at the time the departing member's or associate member's term would have ended. 45. Removal from office. Any member of the County Planning Commission may be removed for cause (misconduct or nonperformance of duty) by the Board of County Commissioners upon written charge and after a public hearing. S6. Vacancy. Whenever a vacancy occurs on the Eagle County Planning Commission, the member's or associate member's position shall remain vacant until a new member or associate member can be appointed by the Board of County Commissioners. 67. Officers; Quorum; Rules of Procedure. a. Chairman and Vice-Chairman. At an annual organizational meeting, the members of the Eagle County Planning Commission shall elect a Chairman and Vice- Chairman from among its members. The Chairman's and Vice-Chairman's term shall be for one (1) year. No member shall serve as Chairman for more than two (2) consecutive terms. The Chairman shall administer oaths, shall be in charge of all proceedings before the Eagle County Planning Commission and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Planning Commission. In the absence of the Chairman, the Vice- Chairman shall act as Chairman. In the absence of both the Chairman and Vice- Chairman, a temporary Chairman shall be elected by a majority of the quorum present, who shall act as Chairman. ARTICLE 5: ADMINISTRATION 5-210. PROVISIONS OF GENERAL APPLICABILITY b. Secretary. The Community Development Director shall serve as Secretary of the Eagle County Planning Commission. The Secretary shall keep minutes of all proceedings, which shall summarize all proceedings before the Planning Commission, which shall include the vote of all members upon every question, and be attested to by the Secretary. The minutes shall be approved by a majority of the Planning Commission members voting. In addition, the Secretary shall maintain all records of Planning Commission meetings, hearings, proceedings, and the correspondence of the Planning Commission. c. Staff. The Community Development Department shall be the professional staff of the Eagle County Planning Commission. d. Quorum and Voting. The presence of four (4) or more members or alternate members substituting for members shall constitute a quorum of the Eagle County Planning Commission necessary to take action and transact business. All actions shall require a simple majority vote of the quorum. e. Rules of Procedure. The Eagle County Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of resolutions, findings, and determinations, and a record of meetings. +8. Meetings. a. General. Meetings of the Eagle County Planning Commission shall be held on the first and third Wednesdays of each month to dispense of matters properly before the Planning Commission. Additionally, meetings may be called by the Chairman or at the request of three (3) members of the Planning Commission. The location of all Planning Commission meetings shall be in the County in a place accessible to the public. b. Meetings Open to Public. All meetings and public hearings of the Eagle County Planning Commission shall be open to the public in a place accessible to the public, except that meetings held in executive session pursuant to Colorado law shall not be open to the public. c. Notice. Public hearings shall be set for a time certain after due public notice pursuant to Section 5-21O.E, Notice of Public Hearings. 89. Compensation. The members of the Eagle County Planning Commission shall serve 'without compensation, but may be reimbursed for such travel, mileage and continuing education expenses as may be authorized by the Board of County Commissioners. B. Regional Planning Commission. ARTICLE 5 ADMINISTRATION 5-210, PROVISIONS OF GENERAL APPLICABILITY 1. ESTABLISHMENT. Pursuant to C.R.S.30-28-105, as amended, the Board of County Commissioners may cooperate with other municipalities to create a regional planning commission. 2, Powers and Duties, A regional planning commission shall be responsible for the preparation, adoption and amendment of community plans within its boundaries and for review and recommendation to the Eagle County Planning Commission regarding the countywide ma5tef Comprehensive Plan and Land Use Regulations. A regional planning commission shall also have the power and duty to review all land use applications within its boundaries and to make recommendations on said applications to the Board of County Commissioners. The Regional Planning Commission protocol shall be pursuant to Section 5-11O.A.~8 .3-9. SECTION 5-140. COMMUNITY DEVELOPMENT DIRECTOR A. Creation and Appointment. The Community Development Director shall be the agency head of the Community Development Department and shall be appointed by and serve at the pleasure of the County Administrator. B. Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Community Development Director by other provisions of the County Code, the County Administrator, and the Board of County Commissioners, the Community Development Director shall have the following jurisdiction, authorities and duties under these Land Use Regulations: 1. Interpretation. To review, consider and render interpretations of the text of these Land Use Regulations or the Official Zone District Map. 2, Zoning Compliance Certifications. To hear, consider and approve, approve with conditions, or disapprove applications for Certificates of Zoning Compliance. 3. Day to Day Administration. To undertake the day to day administration of these Land Use Regulations. 4. Process Applications. To receive applications for development permits for processing pursuant to the terms of these Land Use Regulations. 5. Ensure Adequate Public Notice. To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of these Land Use Regulations. 6. Undertake Comprehensive Planning. To undertake the current and long range comprehensive planning responsibilities of the County. 7. Review Master Comprehensive Plan. To review every five (5) years the Ma5tef Comprehensive Plan and these Land Use Regulations and recommend amendments to the Planning Commission. ARTICLE 5: ADMINISTRATION 5-210, PROVISIONS OF GENERAL APPLiCABILiTY 8. Coordination. To coordinate other local, regional, state, and federal planning and pennitting processes affecting development in the unincorporated County and to serve as liaison to such local, regional, state, and federal planning agencies having jurisdiction over development in the unincorporated County. SECTION 5-160. COUNTY A TTOR1~EY In addition to the jurisdiction, authority and duties which may be conferred upon the County Attorney by other provisions of the County Code, the County Attorney shall have the following authority and duties under these Land Use Regulations: A. Review as to Form Written Findings of Fact and Resolutions. To review as to form all written findings of fact, resolutions and ordinances drafted by the Community Development Director, the Code Enforcement Officer, the Planning Commission, the Zoning Board of Adjustment, or the Board of County Commissioners, in connection with any requirement of these Land Use Regulations; B. Review as to Form All Legal Instruments. To review as to form all Subdivision Agreements, Planned Unit Development (PUD) Agreements, Development Agreements, easements, declarations of covenants, letters of credit, performance guarantees or other such documentation in connection with any requirement of these Land Use Regulations; and e. Advise County Officials and Boards. To advise the Community Development Director, the County Attorney, the Code Enforcement Officer, the Planning Commission, the Zoning Board of Adjustment, and the Board of County Commissioners in regard to the legal issues which may arise during implementation ofthe M&Stef Comprehensive Plan and these 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 Community Development 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 Community Development 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 Community Development Department during normal business hours. e. Pre-application Conference. 1. General Overview, A pre-application conference is optional prior to the submission of any development application. 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. ARTICLE 5, ADMINISTRATION 5.2 m PROVISIONS OF GENERAL APPLICABILITY b. Determined Complete. When the application is determined complete, the Community Development Director shall notify the applicant, in writing, of the application's completeness, and ofthe date set for the first public hearing for the application, which shall be no later than sixty (60) days after the date the application was determined to be complete. 4. Recommendation by Community Development Director. Within thirty (30) working days after mailing of notice that an application (except for a Preliminary or Final Plat for Subdivision or a Preliminary Plan or Final Plan/Plat for PUD) for which a public hearing is required is determined to be sufficient, the Community Development Director shall refer the application to the appropriate review agencies, review the application, and prepare a Staff Report. The Community Development Director shall have forty-five (45) working days from the date of a completeness determination to refer the application for a Sketch/Preliminary Plan or Final Plat for Subdivision or a Sketch/Preliminary Plan for PUD to the appropriate review agencies, review the application, and prepare a Staff Report. The Staff Report shall be mailed to the applicant and made 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. 5. Scheduling of Public Hearing(s). The Community Development Director shall ensure that the appropriate public hearing or public hearings on the application shall be scheduled pursuant to Section 5-21 O.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) E. Notice of Public Hearings. All proposed amendments to the Comprehensive Plan and any applications for development permits that requireing 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 Community Development 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: (I) providing the Community Development 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) 1. Notice in Newspaper. All proposed amendments to the Comprehensive Plan and applications for development permits, with the exception of except for Final Plats, Amended Final Plats, Subdivision Exemptions, Minor Type B Subdivisions, and Limited Review , ARTICLE 5: ADMINISTRATION 5-210. PROVISIONS OF GENERAL APPLICABILITY 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 afld 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 oftwenty-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 tables the file to a date certain. (am 3/12/02) 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 5-21 O.E.l., 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) calendar days prior to the public hearing. All applications, except for Minor Type B Subdivisions involving the subdivision of condominiums, townhomes and duplexes, shall comply with this section. (am 3/12/02) 3. Posted Notice. All lands subject to a public hearing except for Minor Type B Subdivisions involving the subdivision of condominiums, 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 Community Development Department. COLORADO Article 5 February 11, 2003 ARTICLE 5,' ADMINISTRATION 5-2/0, PROVISIONS OF GENERAL APPLICABILITY 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 offact 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 evidence submitted and the standards in Section 5-210 H.5., 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 Community Development 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. A Sketch Plan for PUD, Preliminary Plan for POO, 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 control; the development is not speculative in nature; the development complies with these Land Use Regulations and the Mastef Comprehensive Plan; and 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. (. Consolidation. This land development review process is intended to encourage the efficient processing of applications. Applicants may request, and the Community Development Director may permit, the simultaneous submission and review of all necessary development applications for a parcel of land. The Community Development Director is authorized to waive any overlapping application submission requirements in the consolidated review. 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. 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 COLORADO Article 5 February II, 2003 ARTICLE 5,' ADMINISTRA TION 5-220, INTERPRETATIONS 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 Community Development Director that there has been a change of circumstances or conditions that affect the proposed development, or unless a majority of the membership ofthe Board of County Commissioners determines that the prior disapproval was based on a material mistake of fact. SECTION 5-220. INTERPRET A TIONS A. General. The Community Development Director shall be responsible for interpreting these Land Use Regulations, based upon an understanding of the purposes intended by the Board of County Commissioners in their adoption. B. Findings to be Considered in Rendering Interpretations. In making interpretations to these Regulations, the Community Development Director shall consider the following: 1. Public Purpose. Before any interpretation is made, the purposes for which the regulation was initially adopted by the County Commissioners shall be identified. 2. Prevent the sacrifice oflegitimate goals. These Land Use Regulations have been carefully designed by the County to avoid regulations that either sacrifice legitimate public goals, including the protection of adjoining landowners, or require undue limitations on the ability of landowners to use their land in a manner consistent with the goals, objectives and policies of the Mastef Comprehensive Plan or the FLUM of the Mastef Comprehensive Plan. Great care has been taken to both balance the rights of competing groups and achieve maximum protection with flexibility and a range of use options. In interpreting these Regulations, the Community Development Director's judgment should not be substituted for the legislative intent of the Board of County Commissioners. C. Procedure. 1. Initiation. An interpretation may be requested by any landowner or citizen in the unincorporated County, or any person that has submitted a development application to the County pursuant to the procedures and standards of these Regulations. 2. Submission of request for interpretation. Before an interpretation shall be provided by the Community Development Director, a Request for Interpretation shall be submitted to the Community Development Director. 3. Rendering of interpretation. Within twenty one (21) calendar days of the receipt of a Request for Interpretation, the Community Development Director shall evaluate the request in light of the Mastef Comprehensive Plan, these Land Use Regulations, and the Official Zone District Map, as applicable, consult with the County Attorney, and then render an interpretation. The Community Development Director shall mail the written interpretation to the person submitting the Request for Interpretation. EAGLE COUNTY, COLORADO Article 5 February 11, 2003 . ARTICLE 5.' ADMINISTRATION 5-230. AMENDMENTS TO REGULA TJONS OR ZONE DISTRICT MAP property and on adjacent properties and a conceptual site plan showing, in general terms, the property's proposed layout, use, density and the timing for its development. 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 tfle procedures established in Section 5-21 O.D, Common Procedure for Review of Applications, deemed applicable by the Community Development Director. 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. 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. D. Standards. The wisdom of amending the text of these Land Use Regulations or the Official Zone District Map or any other map incorporated in these Regulations is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by anyone factor. In determining whether to adopt, adopt with modifications, or disapprove the proposed amendment, the Board of County Commissioners shall consider the following: 1. Consistency with :Master Comprehensive Plan. Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and PLUM of the Mastef Comprehensive Plan. LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 5 February / /, 2003 . ARTICLE 5: ADMINISTRATION 5-240, PLANNED UNIT DEVELOPMENT (PUD) DISTRICT 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. Master Comprehensive Plan. The PUD shall be consistent with the purposes and goals of the Eagle County Master Comprehensive Plan and these Land Use Regulations. B. Authority, This Section is adopted pursuant to Sec. 24-67-101, et. ~., 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 oflands 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 complies with the purpose and intent of these Regulations and with the Eagle County Master Comprehensive Plan and is generally compatible with 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 COUNTY, COLORADO Article 5 February! !, 2003 ARTICLE 5,' ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT (PUDJ DISTRICT these Land Use Regulations and the Master Comprehensive Plan, and there is a reasonable likelihood the Preliminary Plan for PUD will be developed 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 Community Development 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 for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Sketch Plan for PUD null and void. (5) Hearing on Permit Extinction. If a Sketch Plan for PUD is not extended pursuant to Section 5-240.F.2.e. (4), Extension, the Board of County Commissioners shall initiate a hearing pursuant to the procedures and standards of Subsection 5-21O.H. Extinguishment of Approvals, to determine whether to extinguish the Sketch Plan. 3. Preliminary Plan for pun. a. Application Contents. An application for a Preliminary Plan for PUD shall contain the materials specified in Section 5-21 0.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. 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 EAGLE COUNTY, COLORADO Article 5 February II, 2003 . ARTICLE 5.' ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT rpUD) DISTRICT (e) Snow Storage. Adequate areas shall be provided to store snow removed from the intemal street network and from off-street parking areas. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD shall be compatible with the character of surrounding land uses. (10) Consistency with Master Comprehensive Plan. The PUD shall be consistent with the Master Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). (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 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, or, if this is not possible, then as early in the project as is reasonable. (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 of25% ofthe 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 Master Comprehen.<cive Plan. (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 COUNTY, COLORADO Article 5 February! !, 2003 .' ARTICLE 5: ADMINISTRATION 5-240, PLANNED UNIT DEVELOPMENT (PUD) DISTRICT (3) Basis for Granting Variations. These variations maybe 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 Table 20 of the Eagle County Master Comprehensive Plan, "Criteria Used In the Land Designation Process", shall also be considered when determining the maximum density and allowed uses of the PUD. (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 pattems 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 3-3 I O.B. I., Purpose. 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. (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. EAGLE COUNTY, COLORADO Article 5 February II, 2003 ARTICLE 5,' ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT (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 Ea2le 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. (1) 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 Community Development 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 Master Comprehensive Plan. h. Planned Unit Development (PUD) Agreement. (1) General. Concurrent with the approval of a Preliminary Plan for PUD, the applicant and the Board of County Commissioners shall enter into a Planned Development (PUD) Agreement binding the PUD to any conditions placed in the Resolution. (2) Common Park and Recreation Areas. The PUD 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. It shall also include the terms by which any common areas shall be maintained. COUNTY, COLORADO Article 5 February II, 2003 ARTICLE 5.' ADMINISTRATION 5.240, PLANNED UNIT DEVELOPMENT (PUD) DISTRICT (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to complete development of the PUD was beyond the applicant's control, the Preliminary Plan for PlJD is not speculative in nature, the Preliminary Plan for POO still complies with these Land Use Regulations and the Master Comprehensive Plan, and there is a reasonable likelihood the PUD will be developed 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 Community Development Director no later than thirty (30) calendar days prior to the date the Preliminary Plan for POO 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 Preliminary Plan for POO null and void. (4) Hearing on Permit Extinction. If a Preliminary Plan for PUD is not extended before it is to expire, 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., Extin~ishment of Permits, to determine whether to extinguish the Preliminary Plan for PUD. (5) Preliminary Plan for PUD extinguished. If the Board of County Commissioners extinguishes the Preliminary Plan for PUD, 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 POO Plan extinguished and shall make any finding required by law prior to extinguishing the POO Plan. Should the Board find that extinguishment of the plan is contrary to law, plan shall not be extinguished. I. Minor Deviations. Minor deviations from a Preliminary Plan for POO shall be approved by the Community Development 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 24-67-1 04( 1)( e) Colorado Revised Statutes that; (am 3/12/02) COUNTY, COLORADO Article 5 February II, 2003 * ARTICLE 5: ADMINISTRATION 5-250. SPECIAL USES site plan shall be accompanied by a landscape plan that confonns to the requirements of Section 4-220, Landscape Plan. b. 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. c. 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. 2. Review of applications, The submission of an application for a 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 5-21O.D, Common Procedure for Review of Applications. 3. Recommendation of Planning Commission. After receipt of the Staff Report, 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 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. 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. 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. 1. Consistent with Master Comprehensive Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Comprehensive Plan and the FLUM of the Master Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 5 February 11, 2003 , ARTICLE 5: ADMINISTRATION 5-250. SPECIAL USES 2. Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. 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 minimize adverse impacts, including visual impact ofthe proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 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. Conditions and restrictions. The Planning Commission may recommend and the Board of County Commissioners may, in approving the 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 Master Comprehensive Plan, the FLUM of the Master 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 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. EAGLE COUNTY. COLORADO Article 5 February II, 2003 , ARTICLE 5: ADMINISTRATION 5-250. SPECIAL USES D. Collateral, As a condition for granting a Special Use Permit, the applicant may be required to post a performance bond 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 Community Development Director a surety or cash bond, letter of credit, or other collateral recommended by the County Engineer and approved by the County Attomey. 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 professional Engineer or Landscape Architect, whichever is appropriate, certified by the State of Colorado 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. E. Effect of issuance of a Special Use Permit. 1. General. Issuance of a Special Use Permit shall be deemed to authorize only the particular use for which it is issued. A Special Use Permit shall run with the land. 2. Time limitations and extension of permit/expiration. a. General. All Special Use Permits are valid for three (3) years from the date of their Issuance: (1) A Special Use established and ongoing during this three year period is valid for the life of the Special Use. (2) If a Building Permit is issued during the three year period oftime, the special use permit shall be extended for the life of the Building Permit. (3) If the Special Use is established and ongoing at the conclusion of the Building Permit, then the Building Permit is for the life of the Special Use. (4) Any 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. b. Extension. Upon written request, an extension of the permit=s life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to proceed with development of the Special Use was beyond the applicant's control, the Special Use is not speculative in nature, the Special Use still complies with these Land Use Regulations and the Master Comprehensive Plan, and there is a reasonable likelihood that the Special Use will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting LAND USE EAGLE COUNTY, COLORADO Article 5 February / /. 2003 f'J ARTICLE 5: ADMINISTRATION 5-260. VARIANCES 4. Is Exempt From Prosecution. No appeal to the Board of Adjustment shall be allowed for building use violations that may be prosecuted pursuant to Section 30-28-124( l)(b) of the Colorado Revised Statutes. 5. Conditions and Restrictions. The Zoning Board of Adjustment may, in approving a Variance Permit, impose restrictions and conditions on the approval it determines are required by the general goals, objectives and policies of the Master Comprehellsive Plan an these Land Use Regulations in order to prevent, or to minimize, adverse effects from the Variance Permit on other lands in the neighborhood or on the general health, safety, and welfare of the County. (am 9/27/99) G. Variance from Improvement Standards 1. General. The Board of County Commissioners shall have the authority to approve, approve with conditions, or disapprove variances from Article 4, Division 6, Improvement Standards. Any person seeking a variance from the improvement standards shall file an application with the Community Development Director, or shall consolidate said application with any other application the applicant is submitting. The application shall be determined sufficient, and a staff report prepared pursuant to Section 5-21O.D, Common Procedure for Review of Applications. 2. Standards. In determining whether to approve, approve with conditions, or disapprove the application for Variance to Improvement Standards, the Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. In approving or approving with conditions said Variance, the Board of County Commissioners may impose such conditions that are necessary to ensure compliance with the terms of this Subsection, these Regulations, and the Master Comprehellsive Plan. SECTION 5-270. SUBDIVISION EXEMPTION A. Exemptions approved bv 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, 1984 notwithstanding compliance with Eagle County Land Use Regulations in existence at the time of the creation of the parcels. LAND EAGLE COUNTY. COLORADO Article 5 February II, 2003 , ARTICLE 5: ADMINISTRATION 5.280, SUBDIVISION 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 with Master Comprehensive Plan and Land Use Regulations. Guide future growth and development consistent with the Master Comprehensive Plan and these Land Use Regulations. 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 oflands 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 ofland 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 altemative concepts the applicant should explore. It is the time when a determination should be made as to whether the proposed subdivision complies with these Regulations and is consistent with the Eagle County Master Comprehensive Plan and is generally compatible with 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 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. COLORADO Article 5 February / /, 2003 . ARTICLE 5,' ADMINISTRATION 5-280, SUBDIVISION of the proposed development upon the above conditions of contiguous and adjacent property. (6) Source of water; (7) Method of sewage disposal. (8) Other materials. Such other materials as may be 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. b. Review of Applications, 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 a Sketch Plan for Subdivision shall comply with the procedures established in Section 5-21O.D, Common Procedure for Review of Applications. 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 Section 5-280.B.3.e., Standards. e. Standards. The Subdivision shall comply with the following standards: (1) Consistent with Master Comprehensive Plan. The proposed subdivision shall be consistent with the Eagle County Master Comprehensive Plan and the FLUM of the Master Comprehensive Plan; (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. LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 5 February I 1.2003 ARTICLE 5,- ADMINISTRA TION 5-280, SUBDIVISION (4) Extension. Upon written request, an extension of the Sketch Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates that failure to obtain approval of a Preliminary Plan for Subdivision was beyond the applicant's control (allowing reasonable time for the review process), the Sketch Plan is not speculative in nature, the Sketch Plan still complies with these Land Use Regulations and the Master Comprehensive Plan, and there is a reasonable likelihood the Preliminary Plan for Subdivision will be developed 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 Community Development Director no later than thirty (30) calendar days prior to the date the Sketch Plan 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 Sketch Plan null and void. (5) Hearing on Permit Extinction. If a Sketch Plan for Subdivision is not extended pursuant to Section 5-280.B.3.f(4), Extension, the Board of County Commissioners shall initiate a hearing pursuant to the procedures and standards Subsection 5-21 O.H., Extinguishment of Approvals, to determine 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 5-21O.D.2., Minimum Contents of Application, and the following information: (1) Preliminary Plan maps shall be drafted in a preliminary fashion 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" = 1 00 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") LAND USE REGULATIONS EAGLE COUNTY, COLORADO Article 5 February 11, 1003 ARTICLE 5: ADMINISTRATION 5-280. S{fBDIVISION the review process), the Preliminary Plan for Subdivision is not speculative in nature, the Preliminary Plan for Subdivision still complies with these Land Use Regulations and the Master Comprehensive Plan, and there is a reasonable likelihood the Final Plan for Subdivision will be developed 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 Community Development 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 request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Preliminary Plan for Subdivision null and void. (5) Hearing on Permit Extinction. 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. 5. Final Plat for Subdivision. a. General, The Final Plat for Subdivision shall contain the materials specified in Section 5-21O.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. 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 ofthe 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 0.0 I foot. EAGLE COUNTY, COLORADO Article 5 February II, 2003 ARTICLE 5,' ADMINISTRATION 5-280, SUBDIVISION is installed, the Final Plat for Subdivision shall remain valid without any further time limitation. (3) Extension. Upon written request, an extension of the Final Plat's life may be granted by the Board of County Commissioners, not 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 Master 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 Community Development 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. (4) Hearing on Permit 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.H., 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 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. EAGLE COUNTY. COLORADO Article 5 February 11, 2003 ARTICLE 5,' ADMINISTRATION 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. 2. Type B Subdivision. A Type B Subdivision is a subdivision creating not more than three (3) new lots within a legally approved subdivision. The Minor Type B Subdivision process is intended to serve three separate functions: or is a subdivision of a building containing condominiums, townhomes, or duplexes, 'Nhich may include the subdivision ofland directly associated '.'lith that building. 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. 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. c. This Minor Type B Subdivision process is the mechanism by which one or more patio home structures may be subdividedfor individual sale, Subdivision of patio homes may define a separate lot for each unit, as well as, general or limited common elements. 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. 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. 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: COLORADO Article 5 February ff, 2003 ARTiCLE 5,' ADAflNISTRATION 5-290, MINOR SUBDIVISION 4. Revised Subdivision Mylar. Prior to scheduling the application for hearing before the Board of County Commissioners, the applicant shall submit to the Community Development 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 Community Development 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 Community Development 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 Community Development 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 Community Development 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. F. Action on Amended Final Plats. After receipt ofthe Staff Report on the Amended Final Plat and the revised Amended Final Plat Mylar, Improvements Agreements, and 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 Community Development 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 Master Comprehensive Plan. The proposed subdivision shall be consistent with the Eagle County Mastef Comprehensive Plan and the FLUM ofthe Mastef Comprehensive Plan. 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. COLORADO A rtide 5 February II, 2003 ARTICLE 5: ADMINISTRATION 5-2100. CERTlF1CATE OF ZONING COMPLIANCE ofthe actual Use for a period of twelve (12) months shall be deemed an abandonment of the Use. b. If a Building Permit for structures integral to the Use is issued during this three year period or the period provided in Aa@ above, whichever is shorter, approval of the Use shall be valid for the life of the structure; c. Any Limited Review Use that is temporary, or has received conditional approval limiting the length of its approval, shall only be valid for the time period specified in the Certificate of Zoning Compliance. d. The duration ofthe Limited Review Use shall not change with successive owners of the property to which it applies. e. Extension. Upon written request, extension of a Certificate of Zoning Compliance maybe granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates by competent substantial evidence that failure to proceed with development ofthe Limited Review Use was beyond the applicant's control, the Limited Review Use is not speculative in nature, the Limited Review Use still complies with these Land Use Regulations and the Mastef Comprehensive Plan, and there is a reasonable likelihood that the Limited Review Use will be developed 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 Community Development Director no later than thirty (30) calendar days prior to the date that the Certificate of Zoning Compliance is to expire. f. Building Permits. The time limitations in this Section do not affect the time limits applicable to a Building Permit. The effective period thereof, and any extension thereof, is determined only in accordance. with the Eagle County Building Resolution. (am 9/27/99) SECTION 5-2100. CERTIFICATE OF ZONING COMPLIANCE A. Purpose. A Certificate of Zoning Compliance shall be required in accordance with the provisions of this Section in order to ensure that proposed development complies with the standards in these Land Use Regulations. B. Applicability. Issuance of a Building Permit or Development Permit shall constitute the issuance of a Certificate of Zoning Compliance. C. General. Prior to the issuance ofthe Building Permit, the Community Development Director shall review all Building Permit applications and Development applications to ensure they are in compliance with these Land Use Regulations. COLORADO Article 5 February II, 2003 v ARTICLE 5,' ADMINISTRATION 5-2300. BENEFICIAL USE DETERMINATION a. Planning Commission. A minimum of fifteen (15) calendar days prior to the Planning Commission public hearing, the Community Development Director shall give notice by mail to all persons that own land that is adjacent to the proposed vacation or who own land that could be affected by the proposed vacation. The notice shall: (1) state that a Petition to vacate has been submitted and identify the public way or easement that is proposed to be vacated; (2) briefly state the reasons given for the vacation; and (3) give the date, time, and place of the hearing on the vacation. b. Board of County Commissioners. A minimum of thirty (30) calendar days prior to the Board of County Commissioners public hearing, the Community Development Director shall publish notice of the hearing in a newspaper of general circulation in the County. The notice shall: (1) state that a Petition to vacate has been submitted and identify the road ROW or easement that is proposed to be vacated; (2) briefly state the reasons given for the vacation; (3) provide the recommendation of the Planning Commission; and (4) give the date, time, and place of the hearing on the vacation. D. Review and Recommendation of Planning Commission. After receipt of the Staff Report and the mailing of notice, the Planning Commission shall conduct a public hearing on a proposed vacation. At the public hearing, the Planning Commission shall consider the Petition, the relevant support materials, the Staff Report, and the public information 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 Petition based on the standards in Section 5-2200 F., Standards. E. 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 the proposed vacation. At the public hearing, the Board of County Commissioners shall consider the Petition, the relevant support materials, and the public testimony given at the public hearing. After the close ofthe public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall either approve, approve with conditions, or disapprove the Petition for vacation based on the standards in Section 5- 2200.F, Standards. F. Standards. The vacation shall be demonstrated to be in the general interest of the public=s health, safety, and welfare, not to be in violation oflaw, and to be in compliance with these Land Use Regulations and the Mastef Comprehensive Plan and shall comply with the following: 1. Access to a Public Road. No roadway shall be vacated so as to leave any adjoining land without a means of access to another public road. 2. Easements. In granting a vacation, the County may reserve easements for the installation or maintenance of utilities, ditches and similar improvements. G. Vacation Effective. No vacation shall be considered effective unless within a reasonable time following approval of the vacation by the Board of County Commissioners, the following conditions are met: LAND EAGLE COUNTY, COLORADO Article 5 February II, 2003 ARTICLE 6 NON CONFORMITIES - EAGLE COUNTY ARTICLE 6 NON CONFORMITIES - EAGLE COUNTY SECTION 6-120 NONCONFORMING LOTS OF RECORD A. General. Where a legal lot of record has an area or frontage that does not conform to the standards of these Land Use Regulations, but it was a legal lot of record on January 1, 1999, the effective date of these Land Use Regulations, such lot or parcel of land may be developed, provided it is not a contiguous lot under common ownership as defined in Section 6-120.B., Contiguous Parcels Under Single Ownership, and the minimum yard standards for the zone district in which it is located are met or a variance from these standards is obtained pursuant to Section 5-260, Variances. (am 9/27/99) 1. Uses by Right. In all instances, and except for a contiguous lot under single ownership, this Section shall be interpreted to allow one (l) single family dwelling unit to be located on a nonconforming legal lot of record, and in the Resource (R) Zone District only, to allow a nonconforming legal lot of record to maintain those agricultural uses that are allowed uses in that zone district. New single family dwelling units shall comply with any and all standards of these Land Use Regulations. (am 3/12/02) 2. Additional Uses. In all zone districts, except for the Fulford Historical (PH) and Backcountry (Be) zone districts, this Section shall be interpreted to allow the owner of a nonconforming lot of record to apply, pursuant to Section 5-250, Special Uses, for any other use that is allowed, allowed by limited review, or allowed by special review for any use normally permitted in the applicable underlying zone district (see Table 3-300 Residential, Agricultural, and Resource Zone Districts Use Schedule). All setbacks and zone standards must be adhered to, except that the uses approved by the Board of County Commissioners may be allowed on lots which do not meet minimum lot size for that zone district. in the applicable underlying zone district. (am 3/12/02) B. Contiguous Parcels Under Single Ownership. Except as set forth hereunder, Aany two (2) or more contiguous parcels of land under single ownership shall constitute a single lot which cannot be subdivided without the prior approval of Eagle County, as prescribed in these Regulations, 1. Division is a Subdivision. Except as set forth hereunder, tin the event that two (2) or more contiguous lots, previously separately conveyed or described, shall come were acquired under single ownership, regardless of diverse times of acquisition by the single owner and \vhether or not the property 'Nas acquired prior to the effective date of these Regulations, the division of such land into two (2) or more lots, separate interests, interests in common or other division, even if divided along the line(s) of a previously described or conveyed lot(s), shall constitute a subdivision of land. 2. Limits to Applicability. a. Nothing herein shall be deemed to apply (a) in the Fulford Historical Zone District, or (b) in the Nelson Access Road Community as shown in Appendix D to these Land Use Regulations, or (c) to a lot shown on any recorded subdivision plat if such subdivision has , ARTICLE 6,' NONCONFO!1J\1ITIES 6-120, NONCOMFO!1JIAING LOTS OF RECORD been approved and signed by the Board of County Commissioners, or (d) to a legal lot of record which conformed to the applicable zoning standards at the time the single ownership came into being or, iflater, when zoning first applied to the lot (October 19, 1974). This Section 6-120.B. applies only when the single ownership of the contiguous lots existed on, or at any time after, October 19, 1974. (am 02/20/01) b. For any merger of parcels of land or lots under the provisions of this Code, which merger is not requested in writing by each owner of an affected parcel, and which merger occurs for the first time on or after October 1, 2003 (the effective date of Senate Bill 03-067 as codified in C.R.S. Section 30-28-139), the following provisions shall govern, as expressly required C.RS. Section 30-28-139: (1) Prior to the completion of the merger, the County shall send notice of the County's intent to complete the merger to each owner of the affected parcels by certified mail, at the address shown on the records of the County Assessor. The notice shall also specify that each such owner may request a hearing on the proposed merger pursuant to paragraph (2) immediately below, and shall specify action to be taken by such owner to request such hearing, including, without limitation, the requirement that said owner shall request the hearing no later than 120 days after the date on which the owner receives the notice. The date of the owner's receipt of the notice shall be the date on which the notice arrives at the owner's stated address, which date the County may presume to be three days after the date of the County's mailing of the notice, unless the circumstances known to the County clearly indicate a later receipt date. (2) Prior to the completion of the merger, where each owner of an affected parcel has timely requested a hearing on the proposed merger satisfYing the requirements of paragraph (1), immediately above, a public hearing on said merger shall be held before the Board of County Commissioners. The hearing shall be conducted for the purpose of allowing the Board to discuss with the owner of each affected parcel the Board's reasons for proceeding with the merger, and to give each owner the opportunity to submit any basis provided under law for challenging the merger. In the case of a timely hearing request, the County shall provide notice of the time, place and manner of the hearing to each owner of the affected parcels and shall also publish the notice in a newspaper of general circulation in the County in a manner sufficient to notify the public of the time, place, and nature of said hearing. In order to give each such owner of an affected parcel the opportunity to take whatever remedial action is allowed under the law prior to the hearing before the Board, the County shall not hold the hearing any sooner than 90 days after the date on which the owner received the County's initial mailed notice as provided in paragraph (1), above. (3) Where the owner of each affected parcel fails to timely request a hearing on the proposed merger satisfYing the requirements of paragraph (1), above, no such hearing is required, and the affected parcels shall be merged in accordance with the requirements of this Subsection B. ARTICLE 6,' NONCONFORMITIES 6-120. NONCOMFORl..flNG LOTS OF RECORD (4) No merger of parcels that is the subject of a hearillg pursuallt to paragraphs (1) AND (2), above, shall be effective ullless (a) the OWller of the parcels has givell his, her or its COllsellt to the merger of said parcels; alld (b) the merger has beell approved by a majority of the Board ofCoulIty Commissiollers. (5) Nothillg ill this Subsectioll B. shall be cOllstrued to abrogate or otherwise dimillish or expalld allY rights a lalldowller may have ullder Article 68 of Title 24, eR.S., pertaillillg to vested property rights. 3, Compliance With Standards Required. No portion of such a lot shall be used or sold that does not meet the standards of these Regulations, nor shall any division of the lot be made which leaves remaining any lot that does not meet the standards of these Regulations. 4. Single Ownership. Single ownership shall refer to the fee owner(s) of the lots in question, and shall mean ownership by the same person(s). In considering the issue of single ownership, consideration shall be given to whether, bas~d on the available facts, any transfer of ownership or execution of contract was not bona fide, but was done for the purpose of evading the requirements of this section. 5. Effect of Regulation. This Section 6-120.B. is not intended to and does not make legal any previous illegal subdivision of land. SECTION 6-130 NONCONFORMITIES CREATED BY EMINENT DOMAIN PROCEEDINGS A. Authority to Gain Certificate of Conformity. A lot that is rendered or will be rendered nonconforming because of eminent domain proceedings, or by sale under the threat of eminent domain proceedings, shall be considered conforming under the terms of these Regulations through the receipt of a Certificate of Conformity, pursuant to the terms of this Section. B. Procedure. 1. Application. A Condemner or Condemned may submit an application requesting a Certificate of Conformity to the Community Development Director at any time. The application shall contain the materials specified in Section 5-210 D.2., Minimum Contents of Application, including an explanation of why the Certificate ofConfonnity should be granted, and the following materials: a. Proof of eminent domain proceeding. If relevant, proof ofthe actual or impending eminent domain proceeding; b. Survey. A survey of the land subject to the eminent domain proceeding or sold under the threat of an eminent domain proceeding that demonstrates the extent of the condemner's acquisition, and all principal and accessory structures on the land. The survey shall be less than one (1) year old and comply with the laws of the State of Colorado regulating the practice of professional land surveying and the rules of procedure and rules of professional conduct; c. Site plan. A site plan of the land subject to the eminent domain proceeding or sold under threat of an eminent domain proceeding at an appropriate scale, showing the