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HomeMy WebLinkAboutR06-046 - amending LUR's strengthen application submittal requirements and water and wastewater for building permits Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 FILE NO. LUR-0060 IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO STRENGTHEN THE APPLICATION SUBMITTAL REQUIREMENTS; CRITERIA; AND THE STANDARDS PERTAINING TO WATER AND WASTEWATER FOR BUILDING PERMITS; SUBDIVISION AND PUD SKETCH AND PRELIMINARY PLANS 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 of 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, 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 environments alike; and WHEREAS, this amendment proposes to modify the Eagle County Land Use Regulations in the following manner: 1. Add a new section to Chapter III: Building Resolution requiring building permit applicants to demonstrate they have a legal, potable source of water before the permit is issued, With this amendment, all development proposals will have to demonstrate that potable water (public or private) and sanitary sewer service/ISDS are available to serve the proposed development, Currently, proof of private, legal water for building permits is not required until after the building permit has been approved and the building is mostly constructed. For those properties served by public water and wastewater, the applicant will be required to provide a "will serve" letter from the district or proof of paid tap Page 1 of 5 fees, For applicants utilizing private wells, a copy of the State approved well permit will be required with the building permit 2, Amend the provisions of Chapter II: Article 5; specifically regarding the water and wastewater requirements for planned unit developments and for subdivision, The proposed amendment to Article 5 intends to strengthen the level of detail required for PUDs and subdivisions proposing either private water/ISDS systems or public water and wastewater systems at both Sketch and Preliminary Plan levels. By requiring this more detailed information, Eagle County can more efficiently analyze the proposed water and wastewater services relative to the anticipated land use. Proposed with this amendment is the ability to require detailed information pertaining to: the feasibility of the proposed development; information regarding water quantity and quality; determination that legal water is available for the development; groundwater information; and geologic information specifically related to wastewater; 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, notice and/or a referral of this amendment was provided to all proper agencies and departments as required by the Eagle County Land Use Regulations, in addition to persons or agencies who may be affected by these changes; and, WHEREAS, at its public hearing(s) held March 1 S\ 2006 the Eagle County Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and, WHEREAS, at its public hearing(s) held March 2nd, 2006 the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and, WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on March 28th, 2005 to consider this amendment and based upon its findings, has approved, of the proposed amendment; and, WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commissions, and comments from all Page 2 of 5 interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. Pursuant to Chapter 2, Section 5-230.B.2., Text Amendment, of the Eagle County Land Use Regulations: (a) The proposed amendments solely amends the text of the Eagle County Land Use Regulations and do not amend the Official Zone District Map or any other map incorporated into the Regulations by reference. (b) Precise wording ofthe proposed changes have been provided (see Exhibit 'A ') 2. Pursuant to Chapter 2, Section 5-230.D., Standards, of the Eagle County Land Use Regulations as applicable: (a) Consistency with Comprehensive Plan. The proposed amendment IS consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the applicable comprehensive/master plans, (b) Compatible with Surrounding Uses. The issue of compatibility IS NOT applicable to this proposed amendment. (c) Changed Conditions, There ARE changed conditions that require this amendment. (d) Effect on Natural Environment. The proposed amendment WILL NOT result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands, (e) Community Need. It HAS BEEN demonstrated that the proposed amendment addresses a community need, (I) Development Patterns. Specific development patterns and services DO NOT apply to this proposed amendment. (g) Public Interest. The area to which the proposed amendment would apply HAS changed or IS changing to such a degree that it is in the public interest to amend the Eagle County Land Use Regulations. Page 3 of 5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter III: Building Resolution as well as Chapter II: Article 5 Administration of the Eagle County Land Use Regulations, is hereby amended, effective 90 from the approval of this Resolution to read as set forth in 'Exhibit A' attached hereto and incorporated herein by this reference, THAT, this amendment of the Eagle County Land Use Regulations shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution, THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity ofthis 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, except as expressly altered, modified and changed in this Amendment, all terms and provisions ofthe Eagle County Land Use Regulations shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of ~ of Eagle, State of Colorado, at its regular meeting held the 17- day of , 2006, nunc pro tunc to the 28th day of March, 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: Clerk to the Board of County Commissioners Page 4 of 5 BY: Commissioner ~seconded adoption of the foregoing resolution, The roll having been called, the vote was as follows: Commissioner Peter F, Runyon Commissioner Tom C. Stone Commissioner Am M, Menconi This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 5 of 5 Exhibit 'A' Chapter 111- Building Resolution 3.03 PERMIT REQUIREMENTSI REFERENCES 3,03,01 Table 1 entitled "Eagle County Permit Requirements" as set forth in the Tables included in the text hereof is hereby incorporated herein by this reference, Table 1 sets forth the projects which may require permit(s), if any, and identifies the specific type of permit(s) required and the site inclusion requirements, Additional permits not identified in Table 1 may also be required, 3,03,02 It shall be the duty of the person and/or entity of a proposed project which is not specifically set forth in Table 1 to contact the Building Official of the Department of Community Development, County of Eagle, Colorado, for a determination of the type of permit(s) required, if any, and the site inclusion requirements. 3,03.03 Proof of Water: Proof of adequate, potable water supply is required with building permit application for all new habitable construction containing plumbing fixtures. By descending order of preference, building permit applicants shall verify a legal source of potable water as follows: a) A written commitment to serve from a public or private water service provider, or a copy of receipt for payment of public water tap specific to the lot, parcel or tract of land that is the subject of the building permit application; b) A copy of a current valid well permit issued by the Colorado State Division of Water Resources specific to the lot, parcel or tract of land that is the subject of the building permit application; c) If the parcel or tract of land that is the subject of the building permit application is legally and properly subdivided except that a public water supply system is not available or that the individual well water source is not viably potable then, an alternative water supply system such as holding tanks or cisterns may be utilized upon approval of the Director of the Eagle County Department of Environmental Health, Page 1 of 13 Chapter 11- Article 5 Section 5-240.F.2 Sketch Plan for PUD 1. Sketch Plan for PUD. a. Initiation. Applications for development permits for a Sketch Plan for PUD may be submitted at any time to the Community Development Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for PUD is proposed, or their authorized agent. The application shall contain the materials specified in Section 5-21 O.Dol., Minimum Contents of Application, and the following information: (1) Reasons PUD procedure is more desirable than conventional plan, (2) Proposed land uses, commercial, industrial and multi-family building locations, residential densities, and commercial square footages. (3) Proposed vehicle circulation pattern indicating the status of street ownership. (4) Proposed pedestrian circulation, and links to other external path systems, (5) Proposed open space, (6) Proposed grading and drainage pattern, (7) Proposed method of water supply and sewage disposal. Including: Proposed water augmentation plan (if applicable); or an 'ability to serve' letter from applicable water and/or wastewater provider, Information regarding existing water rights including, but not limited to: Evidence of ownership or right of acquisition of or use of existing and proposed water rights; historical use and estimate yield of claimed water rights; and Amenability of existing rights to a change in use, Ifthe water supply is proposed to be an existing well, a copy of a current valid well permit and location map identifying the location of the existing well must be provided, If individual wells are proposed, an alternatives assessment performed by a qualified Registered Professional Engineer must be submitted and include the following minimum information: Anticipated dependability of source; anticipated yield of source; anticipated depth to groundwater; anticipated water quality; estimated cost of individual well construction; and anticipated rate Page 2 of 13 of water delivery, If sewage disposal is proposed to be via on-site, Individual Sewage Disposal System (ISDS), an alternatives assessment must be prepared by a qualified Professional Engineer evaluating the ability of the natural environment to support on-site systems with commensurate levels of sewage treatment, along with the physical ability of each property to support a site and an alternate site for wastewater disposal. The applicant must be prepared to estimate cost of installation and maintenance and state how the systems are proposed to be maintained, (am 03/28/06) (8) Proposed PUD Guide setting forth the proposed land use restrictions, (9) Wildlife Analysis pursuant to Section 4-410, (10) Geologic Hazards Analysis pursuant to Section 4-420, (11) Ridgeline Visual Analysis pursuant to Section 4-450. (12) Conceptual Landscape Plan pursuant to Section 4-220, (13) Environmental Impact Report pursuant to Section 4-460. (14) Vegetation Management Plan pursuant to Section 4-430. (orig, 12/17/02) (15) Any or all of the following requirements, as determined by the Community Development Director, based on the complexity of the proposal: b) Proposed schedule of development phasing; (c) Statement as to the impact of the proposed PUD upon the County school system; (d) Statement of estimated demands for County services; (e) Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; (f) Conceptual site plans, and conceptual architectural plans; (g) Proposed method of fire protectiont. Including information demonstrating a legal, adequate water supply for fire fighting purposes; Page 3 of 13 (h) Employee housing plan, Section 5-240.F.3 Preliminary Plan for PUD 2. Preliminary Plan for PUD. a. Application Contents. An application for a Preliminary Plan for PUD shall contain the materials specified in Section 5-21 O,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 and the following application materials: (am 03/28/06) (a) Preliminary Utility Plan, pursuant to Section 4-430, 4-670, 4-680 and 4-690. Plans shall be prepared at the same scale as the Preliminary Plan including: (orig, 03/28/06) (i) Water Supply - If a central water supply and distribution system is to be provided, the details of the system shall be provided demonstrating that: (orig, 03/28/06) aa. Source - Adequate evidence prepared by a Registered Professional Engineer verifying that the quality and quantity of the water Page 4 of 13 supply is sufficient to supply the subdivision proposed, Physical evidence may be required including but not limited to: aquifer pump testing in addition to appropriate geotechnical studies or investigations (orig, 03128106) i. Evidence of ownership, right of acquisition or use of existing and proposed water rights, (orig, 03128106) ii. Final, water court-approved augmentation plan. (orig, 03128106) iii. Evidence confirming the potability of the proposed water supply for the subdivision, (orig, 03128106) iv. Evidence from the local fire jurisdiction confirming that the proposed water supply for fire fighting purposes is sufficient. (orig, 03128106) bb. The nature of the legal entity which will own and operate the water system shall be provided as well as the proposed method of financing, (orig, 03128106) CC. If connection to an existing system is proposed, the following information shall be provided: (orig, 03128106) i. The nature of the public or private legal entity which will supply water to the proposed subdivision; (orig, 03128106) ii. Agreement with the above entity to service the proposed subdivision; (orig,03128106) iii. Information on the water supplier's present service requirements, future commitments and present water supply capabilities, including but not limited to: (orig. 03128106) Page 5 of 13 (aa) A summary of water rights owned and controlled by the entity (orig, 03/28/06) (bb) The anticipated yield of the rights in an average and a dry year (orig, 03/28/06) (cc) The present demand and anticipated demand for current commitments not yet being supplied (orig, 03/28/06) (dd) The uncommitted firm supply (orig, 03/28/06) (ee) A map ofthe entity's service area (orig, 03/28/06) dd. If individual well water systems are proposed, a report must be prepared by a Professional Engineer or Geologist indicating the availability of groundwater, which includes the depth to the groundwater supply throughout The report must address the water quality, rates of delivery and long-term yield of such wells. The cumulative effect upon existing water rights due to the use of individual domestic wells shall be considered in the report. (orig, 03/28/06) (ii) Sanitary Sewage Disposal - If public collection and treatment systems or the use of on-site, individual sewage systems are to be provided, the details of the collections system, treatment facilities and individual components shall be provided including: (orig, 03/28/06) aa. Public Treatment - Agreement to serve from a public sewage treatment provider and evidence to support that the provider possesses adequate sewage treatment capability and capacity to serve the proposed subdivision; (orig, 03/28/06) bb. The nature of the legal entity which will own and operate the sewer system shall be described, as well as the proposed method of financing; (orig, 03/28/06) Page 6 of 13 cc. If sanitary sewage disposal will be accomplished by individual sewage disposal systems, a suitability analysis as determined by the Environmental Health Department must be performed. Such analyses may include but is not limited to, soil profile observations to identify soil classifications and horizons; adequate separation to bedrock or ground water; soil percolation tests, etc. Location(s) of soil analyses shall be indicated on the plan and must be performed by a Professional Engineer, Geologist or person qualified to do this work. (orig, 03/28/06) (b) Public Water and/or Wastewater System. (orig,03/28/06) (i) If is has been determined that the proposed water and/or wastewater system is a public system, the required application for a 1041 permit (pursuant to Chapter 6: Matters of State Interest) , and evidence that the associated application(s) administered by the Colorado Department of Public Health and Environment have been made, shall be submitted concurrently with the Preliminary Plan application. (orig, 03/28/06) Section 5-280.8.3 Sketch Plan for Subdivision 3. Sketch Plan for Subdivision. a. Initiation. Applications for a Sketch Plan for Subdivision may be submitted at any time to the Community Development Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for Subdivision is proposed, or their authorized agent. Prior to submission of an application for a Sketch Plan for Subdivision, an applicant should hold a pre-application conference with the Community Development Director pursuant to Section 5-21 O.c., Pre-application Conference. The application shall contain the materials specified in Section 5-210,D,2" Minimum Contents of Application, and the following information: (1) Tract boundary, block and lot pattern with the area and use oflots indicated by note. Page 7 of 13 (2) Street and pedestrian circulation system with gradients and widths indicated by note; the relationship of proposed streets and paths to existing streets, and paths, both on and adjoining the Sketch Plan site, including proposed street access to a public highway, shall be shown, (3) Existing development on the subject and adjacent property shall be shown, (4) Soil types based upon the National Cooperative Soil Survey, U.S,D,A., Soil Conservation Service, as well as interpretations of soil types, Vegetation shall be described and tree masses, live and intermittent streams, floodplains, water bodies, dry washes, springs and wetlands shown, (5) A survey and report on the general geological, drainage, wildlife, wildfire, minerals, radiation and other conditions on the subject of adjacent property which could affect development on the subject property; the survey shall include information and recommendations of reports referred to in Article 4 of these Regulations and pertinent reports on file in the office of the Planning Department. Equal attention should focus on the potential effects of the proposed development upon the above conditions of contiguous and adjacent property. (6) Proposed method of water supply and sewage disposal. Including: Proposed water augmentation plan (if applicable); or an 'ability to serve' letter from applicable water and/or wastewater provider. Information regarding existing water rights including, but not limited to: Evidence of ownership or right of acquisition of or use of existing and proposed water rights; historical use and estimate yield of claimed water rights; and Amenability of existing rights to a change in use, If the water supply is proposed to be an existing well, a copy of a current valid well permit and location map identifying the location of the existing well must be provided, If individual wells are proposed, an alternatives assessment performed by a qualified Registered Professional Engineer must be submitted and include the following minimum information: Anticipated dependability of source; anticipated yield of source; anticipated depth to groundwater; anticipated water quality; estimated cost of individual well construction; and anticipated rate of water delivery, If sewage disposal is proposed to be via on-site, Individual Sewage Disposal System (ISDS), an alternatives assessment must be prepared by a qualified Professional Engineer evaluating the ability of the natural environment to support on-site Page 8 of 13 systems with commensurate levels of sewage treatment, along with the physical ability of each property to support a site and an alternate site for wastewater disposal. The applicant must be prepared to estimate cost of installation and maintenance and state how the systems are proposed to be maintained (am 03/28/06) (7) 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. (am 03/28/06) (8) Proposed method of fire protection including details regarding an adequate legal water supply for fire fighting purposes; (am 03/28/06) Section 5-280.8.3.e Standards. e. Standards. The Subdivision shall comply with the following standards: (1) Consistent with Master Plan. The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master 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, (3) Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan, (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of Page 9 of 13 necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatible With Surrounding Uses. The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. (6) Adequate Facilities. The applicant shall demonstrate that the development proposed in the Sketch or Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services (orig. 03/28/06) Section 5-280.8.4 Preliminary Plan for Subdivision (v) Preliminary Utility Plan, pursuant to Section 4-430, 4-670, 4-680 and 4-690, on a plan supplemental to and at the same scale as the Preliminary Plan, including: (am 03/28/06) (i) Water Supply - If a central water supply and distribution system is to be provided, the details of the system shall be provided demonstrating that: (am 03/28/06) aa. Source - Adequate evidence prepared by a Registered Professional Engineer verifying that a the quality and quantity of the water supply is to supply the subdivision proposed. Physical evidence may be required including but not limited to: aquifer pump testing in addition to appropriate geotechnical studies or investigations (am 03/28/06) i. Evidence of ownership, ef right of acquisition ef-or use of existing and proposed water rights. (am 03/28/06) Page 10 of 13 ii. Final, water-court approved augmentation plan (am 03/28/06) Hi. Evidence confirming the potability of the proposed water supply for the subdivision. (am 03/28/06) iv. Evidence from the local fire jurisdiction confirming that the proposed water supply for fire fighting purposes is sufficient. (orig. 03/28/06) bb. The nature of the legal entity which will own and operate the water system shall be described as well as the proposed method of financing. (am 03/28/06) cc. If connecting to an existing system is proposed the following information shall be provided: (am 03/28/06) i. The nature of the public or private legal entity which will supply water to the proposed subdivision; (am 03/28/06) ii. Agreement with the above entity to service the proposed subdivision; (am 03/28/06) Hi. Information on the water supplier's present service requirements, future commitments and present water supply capabilities, including but not limited to: (am 03/28/06) (aa) A summary of water rights owned and controlled by the entity (orig. 03/28/06) (bb) The anticipated yield of the rights in an average and a dry year (orig. 03/28/06) (cc) The present demand and anticipated demand for Page 11 of 13 current commitments not yet being supplied (orig. 03/28/06) (dd) The uncommitted firm supply (orig. 03/28/06) (ee) A map of the entity's service area (orig. 03/28/06) dd. If individual well water systems are proposed, a report must be prepared by a Professional Engineer or Geologist indicating the availability of groundwater which includes the depth to the groundwater supply throughout the proposed subdivision. The report must address the water quality, rates of delivery and long-term yield of such wells. The cumulative effect upon existing water rights due to the use of individual domestic wells shall be considered in the report (am 03/28/06) (ii) Sanitary Sewage Disposal - public collection and treatment systems or the use of on-site, individual sewage systems ts are to be provided, the details of the collections system and treatment facilities and individual components shall be provided including: (am 03/28/06) aa. Public Treatment - Agreement to serve from a public sewage treatment provider and evidence to support that the provider possesses adequate sewage treatment capability and capacity to serve the proposed (am 03/28/06) bb. The nature of the legal entity which will own and operate the sewer system shall be described, as well as the proposed method of financing; (am 03/28/06) cc. If sanitary sewage disposal will be accomplished by individual sewage disposal systems, a suitability analysis as determined by the Environmental Health Department must be performed. Such analyses may include but is not limited to, soil profile observations to identify soil classifications and horizons; adequate separation to Page 12 of 13 bedrock or ground water; soil percolation tests, etc. Location(s) of soil analyses shall be indicated on the plan and must be performed by a Professional Engineer, Geologist or person qualified to do this work. (am 03/28/06) (w) Public Water and/or Wastewater System. (orig.03/28/06) (i) If is has been determined that the proposed water and/or wastewater system is a public system, the required application for a 1041 permit (pursuant to Chapter 6: Matters of State Interest), and evidence that the associated application(s) administered by the Colorado Department of Public Health and Environment have been made, shall be submitted concurrently with the Preliminary Plan application. (orig. 03/28/06) Page 13 of 13