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HomeMy WebLinkAboutR06-040 - amending LUR's submittal requirements and standards for zone change moved adoption the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006- () L([) Eagle County File No. LUR-0059 Submittal Requirements and Standards for Zone Change IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO STRENGTHEN THE APPLICATION SUBMITTAL REQUIREMENTS AND STANDARDS FOR EVALUATING PROPOSED CHANGES IN ZONING. 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 ofland 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, Eagle County is experiencing high rates of population growth, increased population density and increased environmental pressures as a result of land development within Eagle County; and WHEREAS, the construction of new developments within the County is placing significant additional demands on the natural and human-made environment alike; and WHEREAS, the volume and pace of land development in the County threatens the natural environmental attributes of Eagle County; and WHEREAS, the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use are awarded in such a manner that will promote and protect the convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County; and WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use Regulations as contained herein and attached as Exhibit 'A', are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado APPROVED File No, LUR-0059, MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 4th day of April, 2006, nunc pro tunc to the 21st day of March, 2006 COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Clerk to the Board of County Commissioners By: Tom C. Stone, Commissioner By: Am ommlSSlOner Commissioner <~2 seconded adoption of the foregoing Resolution. The roll having been called, th ote was as follows: Commissioner Peter F. Runyon ~ Commissioner Tom C. Stone Commissioner Am M, Menconi . ~~ This Resolution passed by P /; vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT' A' EAGLE COUNTY LAND USE REGULATIONS SECTION 5-210. PROVISIONS OF GENERAL APPLICABILITY A. Actions by Decision-Making, Administrative, and Advisory Bodies. All decision-making, administrative, and advisory bodies and persons shall act in accord with the time limits established in these Land Use Regulations. 1. Findings. All decisions shall include at least (a) a clear statement of specific findings of fact and a statement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in these Land Use Regulations; and (b) a clear statement of approval, approval with conditions, or disapproval. 2. Notification. Notification of a decision-making or administrative body's decision shall be provided by the Community Development Director to the applicant by mail. A copy of the decision shall also be made available to the applicant at the offices of the Community Development Department, during normal business hours, within a reasonable period of time after the decision, 3. Substantial change from Planning Commission Recommendation. a. Submittal to Planning CommissionJPublic Hearing. If, after the initial public hearing on an application for an amendment to the Official Zone District Map or the text of these Land Use Regulations or an application for preliminary plan for PUD, the Board of County Commissioners proposes to consider approval of an application that constitutes a substantial change in or departure from the initial application recommended by the Planning Commission which is not made solely to satisfy Planning Commission recommendations or conditions, the matter shall be submitted back to the Planning Commission for consideration at a public hearing. Public notification shall be provided pursuant to Section 5-2IO,E., Notice of Public Hearings, and the public hearing shall be conducted pursuant to Section 5-2IO,F., Public Hearing Procedure, The Planning Commission shall consider the matter within thirty (30) calendar days of its submission from the Board of County Commissioners, At the public hearing, the Planning Commission shall consider the submitted materials, any Staff Report, and the 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 applicable to the application and forward the application back to the Board of County Commissioners. b. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct another public hearing on the application. Public notification shall be provided pursuant to Section 5-210.E" Notice of Public Hearings, and the public hearing shall be conducted pursuant to Section 5-2IO,F., Public Hearing Procedure, 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 approve or disapprove the application based on the standards applicable to the application, SECTION 5-230. AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONE DISTRICT MAP All amendments to the text of these Land Use Regulations or amendments to the Official Zone District Map shall meet the standards set forth in this Section, A. Purpose. The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions, B. Initiation. 1. Map Amendment. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations may be proposed by the Board of County Commissioners, the Planning Commission, the Community Development Director, or the owner or another person having a recognized interest in the land affected by a proposed amendment or their authorized agent. 2. Text Amendment. An application for an amendment to the text of these Land Use Regulations may be proposed by the Board of County Commissioners, the Planning Commission, the Community Development Director, the owner or another person having a recognized interest in land in the unincorporated County or their authorized agent, or any citizen of the County, 3. Application Contents for a Text Amendment An application for an amendment the text of these Land Use Regulations shall contain the materials specified in Section 5-210 D.2" Minimum Contents of Application, and the following additional materials: a) Precise Wording. If the application is for an amendment to the text, the precise wording of the proposed change shall be provided. 4, Application Contents for a Map Amendment. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations shall C:\Documents and Settings\jscofield\Local SettingslTemporary Internet Files\OLK33\Zone Change Criteria Combined Resolution and Exhibit 'A' (2),DOC contain the materials specified in Section 5-210 D.2" Minimum Contents of Application, and the following additional materials: (Amended 312112006) The Director of Community Development may waive one or more of the submittal requirements when the submittal information would not be relevant to whether the Zone Change proposed complies with the approval criteria. a) Application filing fee pursuant to the current fee schedule; b) A companion Subdivision Preliminary Plan; companion Planned Unit Development Preliminary Plan; companion Minor Subdivision, or; companion Special Use Permit shall accompany all Zone Change Applications and shall become a condition of the zone change application, c) If the requested zone change is for a Planned Unit Development, the applicant shall also include a companion application for a Planned Unit Development Preliminary Plan as delineated under Chapter II, Section 5-240 of the Eagle County Land Use Regulation and certification of notice to mineral estate owners of record pursuant to Section 24-65.5-103, Colorado Revised Statutes, Such notice shall include all information required by such statute, as well as the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing and the name of the applicant; d) A Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines, The closure error of the survey may not exceed one to five thousand (I :5,000). e) A statement on how the proposed rezoning is consistent with the policies of the Eagle County Comprehensive Plan as more particularly delineated under Section 5-230.D,1 , Consistency with the Comprehensive Plan, or then current plan and any other applicable code provision or ordinance in effect; And, as applicable; A statement which demonstrates how the proposed rezoning will correct what the applicant perceives as erroneous zoning or that demonstrates how the proposed zone change will fit with what the applicant perceives as the changing conditions in the area. f) A statement which demonstrates how the uses allowed by the proposed rezoning will be compatible with permissible surrounding land uses, g) Statements from public water and sewer utilities which indicate that they are able to provide service for the site, If public utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the uses permitted in the proposed zone district. h) An Engineering Geology Report/Geotechnical Study of the site proposed for Zone Change with a statement of the suitability of soils to support all uses 5 allowed in the proposed zone district. If the Engineering Geology Report/Geotechnical Study indicates soils which present moderate or severe limitations to the construction of structures or facilities on the site, the applicant shall submit information which demonstrates that the limitations can be reasonably and practicably overcome. i) If road, intersection, or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district, the applicant shall supply infonnation which demonstrates willingness and financial capability to upgrade the road or highway facilities in conformance with the County's road standards, In addition, the applicant shall provide information which demonstrates that no significant impact will occur to other roads, intersections or highway facilities as a result of the proposed change, with consideration given to all potential changes in the vicinity or how the applicant intends to mitigate the impact. j) If the proposed Zone Change is located within an Overlay District identified by maps officially adopted by the County, the applicant shall submit information which either documents how the County regulations concerning Overlay Districts have been satisfied or documents how the applicant intends to meet the requirements of the County regulations concerning Overlay Districts. 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 the procedures established in Section 5-21O,D, Common Procedure for Review of Applications. 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. However, 6 if the Planning Commission has recommended disapproval of a zone change application the zone change application shall only be approved by a majority vote of the entire membership of the Board of County Commissioners, 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 for Zone Change, No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands, In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and the following standards: (Amended 3/2112006) I) Consistency with the Comprehensive Plan, Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Section 3.2 General Development Policies a, c, e, f, g, h, i and k Section 3.3 Economic Resources Policies b, c, d, e, f, h, j, m and 0 Section 3.4 Housing Policies a, d, e, g and n Section 3,5 Infrastructure and Services Policies a, c, g, i, j, k, m and 0 Section 3,6 Water Resources Policies a, b, c, d, e, f, g, hand i Section 3,7 Wildlife Resources Policies a, b, c, d, e, f and i Section 3,8 Sensitive Lands Policies a, c, e and g Section 3.9 Environmental Quality Policies a, c and d Section 3,10 Future Land Use Map Policy a Section 4 Adopted Area Community Plans All relevant goals, policies and PLUM designations Additionally, all relevant goals & policies of the following plans or such equivalent plans and/or future plans, which may be in effect at the time of application for zone change, shall also be considered: Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan (Roaring Fork) Eagle County Comprehensive Housing Plan Eagle County Airport Sub-Area Master Plan 2) Compatible with Surrounding Uses, Does the proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property, 3) Public Benefit. Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed 7 uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. 4) Change of Circumstances, Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community? 5) Adequate Infrastructure, Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? E. ZONE CHANGE CONDITIONS OF APPROV AL. The Board of County Commissioners may establish conditions for any approval of a change in zoning as deemed necessary to ensure that the justification and standards for the zoning change will be satisfied, F, RESUBMITT AL IF ZONE CHANGE REQUEST IS DENIED. If a request for a zone change is denied, no person may submit a request to change the zoning of the same property within one year from the date of such denial. 8