HomeMy WebLinkAboutR08-103 Eagle County Land Use Regulations Sustainable Community Index • EAGLE COUNTY, CO 200820052
TEAK J SIMONTON
R C 1 :92AM 09/17/2008 17/2008
REC� X0.99 DOC :
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Commissioner - moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS Z \/
COUNTY OF EAGLE, STATE OF COLORADO (U (,„•
RESOLUTION NO. 2008 - ( ()
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS;
GENERAL AMENDMENT AFFECTING CHAPTER II, ARTICLE 4
FILE NO. LUR -0081: SUSTAINABLE COMMUNITY INDEX
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, the Eagle County Land Use Regulations need periodic amendments to clarify
language; add new definitions and/or information; and updates which correspond with Colorado State
Statutes; and
WHEREAS, several departments contributed to this amendment including the Attorney's Office,
Community Development, Engineering, and Environmental Health Department; the amendments affect
Chapter 4: Site Development Standards; addition of Section 4 -10 Sustainable Community Index;
WHEREAS, the changes to aforementioned Sections are delineated specifically in the
attachment;
WHEREAS, development has a significant impact on land use, community character, energy
consumption, social capital, public health, quality of life, infrastructure, and environmental health of
Eagle County;
WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use
Regulations as contained herein and attached as Exhibit `A' meet all associated requirements and 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.
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 interested parties, the Board of County Commissioners of the
County of Eagle, State of Colorado, finds as follows:
Page 1 of 21
1. Pursuant to Chapter 2, Section 5-230.B.2., Text Amendment, of the Eagle County
Land Use Regulations:
a. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04
Referrals, the proposed amendments HAVE been referred to the appropriate
agencies, including all towns within Eagle County, and to the Colorado Division
of Local Affairs;
b. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05
Public Notice, Public notice HAS been given;
c. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-
230.B.2 Text Amendment:
(1) The proposed amendments AMEND ONLY THE TEXT of the Eagle
County Land Use Regulations and DO NOT amend the Official Zone
District Map.
(2) Precise wording of the proposed changes HAS been provided (please see
attached)
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 applicable purposes, goals, and policies of the Eagle County
Comprehensive Plan.
b. Compatible with Surrounding Uses. The issue of compatibility IS NOT
applicable to this proposed amendment.
c. Public Benefit. The proposal DOES address a demonstrated community need or
otherwise result in one or more particular public benefits that offset the impacts
of the proposed uses requested, including but not limited to: Affordable local
resident housing; childcare facilities; multi-modal transportation, public
recreational opportunities; infrastructure improvements; preservation of
agriculturelsensitive land.
e. Change of Circumstances. The proposal DOES address or respond to a
beneficial material change that has occurred to the immediate neighborhood or to
the greater Eagle County community.
f. Adequate Infrastructure. There are no "properties" subject to this proposal; the
result of this amendment WILL NOT result in the need for new infrastructure.
Page 2 of 21
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Chapter II: Article 4 of the Eagle County Land Use Regulations is amended by manner 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 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, except as expressly altered, modified and changed in this Amendment, all terms and
provisions of the 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 the County of
Eagle, State of Colorado, at its regular meeting held the day of , 2008, nunc pro
tunc to the 29"' day of July, 2008.
[area left blank intentionally]
Page 3 of 21
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST: ~ o~
~ ~~
BY:
Teak J. Simont *
Clerk to the Board of ~etos~t-a°
County CommissionQrs
~H'•i ~-~ v~ +~
Peter F. Runyon, Chair
BY:
5 ~ e , ommissioner
BY: ~
e o ~, Commissioner
Commissioner ~~-~'`7~ seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Peter F. Runyon <-."
Commissioner Arn M. Menconi ~~-t-+`"
Commissioner Sara J. Fisher
This Resolution passed by ~ / d vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 4 of 21
ARTICLE 5: ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT SPUD
DISTRICT
APPENDIX A:
Attachment to LUR-0081 Sustainable Community Index
Section 5-230.D Amendment to the Land Use Regulations or Zone District Map shall be
amended as follows (changes in italics):
D. 5. 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:
(am.04/04/06)
1. 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: (am.04/04/06)
Section 3.2 General Development
Section 3.3 Economic Resources
Section 3.4 Housine
Section 3.5 Infrastructure and Services
Section 3.6 Water Resources
Section 3.7 Wildlife Resources
Section 3.8 Sensitive Lands
Section 3.9 Environmental Quality
Section 3.10 Future Land Use Map
Section 4 Adopted Area Community Plans
Policies a, c, e, f, g, h, i and k
Policies b, c, d, e, f, h, j, m and o
Policies a, d, e, g and n
Policies a, c, g, i, j, k, m and o
Policies a, b, c, d, e, f, g, h and i
Policies a, b, c, d, e, f and i
Policies a, c, a and g
Policies a, c and d
Policy a
All relevant goals,
policies and FLUM 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:
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
LAND USE REGULATIONS 5-5 EAGLE COUNTY, COLORADO
Article 5 November 7. 2007
ARTICLE 5.' ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT (PUD1
DISTRICT
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. (am.04/04/06)
3. Public Benefit. Does the proposal address a demonstrated community need or otherwise
result in one or more particular public beneEts that offset the impacts of the proposed
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. (am.04/04/06)
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? (am.04/04/06)
5. Sustainable Community Index: The extent to which the proposal meets the intent of the
Sustainable Community Index development standards as listed in Section 4-10 of these
Land Use Regulations.
6. Adequate Infrastructure. Is the property subject to the proposal served by adequate
roads, water, sewer and other public use facilities? (am.04/04/06)
Section 5-240.3.e for Planned Unit Development District shall be amended as follows
(changes in italics):
a. Standards. The Sketch Plan and Preliminary Plan for PUD shall comply with
the following standards:
(1) Unified ownership or control. The title to all land that is part of a PUD
shall be owned or controlled by one (1) person. A person shall be
considered to control all lands in the PUD either through ownership or by
written consent of all owners of the land that they will be subject to the
conditions and standards of the PUD.
(2) Uses. The uses that may be developed in the PUD shall be those uses
that are designated as uses that are allowed, allowed as a special use or
allowed as a limited use in Table 3-300, "Residential, Agricultural and
Resource Zone Districts Use Schedule", or Table 3-320, "Commercial
and Industrial Zone Districts Use Schedule", for the zone district
designation in effect for the property at the time of the application for
PUD. Variations of these use designations may only be authorized
pursuant to Section 5-240 F.3.£, Variations Authorized.
LAND USE REGULATIONS 5-6 EAGLE COUNTY, COLORADO
Article S November 7, 2007
ARTICLE 5: ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT (PUD
DISTRICT
(3) Dimensional Limitations. The dimensional limitations that shall apply
to the PUD shall be those specified in Table 3-340, "Schedule of
Dimensional Limitations", for the zone district designation in effect for
the properly at the time of the application for PUD. Variations of these
dimensional limitations may only be authorized pursuant to Section 5-
240 F.3.£, Variations Authorized, provided variations shall leave
adequate distance between buildings for necessary access and fire
protection, and ensure proper ventilation, light, air and snowmelt
between buildings.
(4) Off-Street Parking and Loading. Off-street parking and loading
provided in the PUD shall comply with the standards of Article 4,
Division 1, Off-Street Parking and Loading Standards. A reduction in
these standards maybe authorized where the applicant demonstrates that:
(a) Shared Parking. Because of shared parking arrangements
among uses within the PUD that do not require peak parking for
those uses to occur at the same time, the parking needs of
residents, guests and employees of the project will be met; or
(b) Actual Needs. The actual needs of the project's residents, guests
and employees will be less than those set by Article 4, Division
1, Off-Street Parking and Loading Standards. The applicant may
commit to provide specialized transportation services for these
persons (such as vans, subsidized bus passes, or similar services)
as a means of complying with this standard.
(5) Landscaping. Landscaping provided in the PUD shall comply with the
standards of Article 4, Division 2, Landscaping and Illumination
Standards. Variations from these standards may be authorized where the
applicant demonstrates that the proposed landscaping provides sufficient
buffering of uses from each other (both within the PUD and between the
PUD and surrounding uses) to minimize noise, glare and other adverse
impacts, creates attractive streetscapes and parking areas and is
consistent with the character of the area.
(6) Signs. The sign standards applicable to the PUD shall be as specified in
Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-
340 D., Signs Allowed in a Planned Unit Devel~ment (PUD), the
applicant submits a comprehensive sign plan for the PUD that is
determined to be suitable for the PUD and provides the minimum sign
area necessary to direct users to and within the PUD.
(7) Adequate Facilities. The applicant shall demonstrate that the
development proposed in the Preliminary Plan for PUD will be provided
adequate facilities for potable water supply, sewage disposal, solid waste
LAND USE REGULATIONS 5-7 EAGLE COUNTY, COLORADO
Article 5 November 7. 2007
ARTICLE 5: ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT (PUD)
DISTRICT
disposal, electrical supply, fire protection and roads and will be
conveniently located in relation to schools, police and fire protection, and
emergency medical services.
(8) Improvements. The improvements standards applicable to the
development shall be as specified in Article 4, Division 6, Improvements
Standards. Provided, however, the development may deviate from the
County's road standards, so the development achieves greater efficiency
of infrastructure design and installation through clustered or compact
forms of development or achieves greater sensitivity to environmental
impacts, when the following minimum design principles are followed:
(a) Safe, Efficient Access. The circulation system is designed to
provide safe, convenient access to all areas of the proposed
development using the minimum practical roadway length.
Access shall be by a public right-of--way, private vehicular or
pedestrian way or a commonly owned easement. No roadway
alignment, either horizontal or vertical, shall be allowed that
compromises one (1) or more of the minimum design standards
of the American Association of State Highway Officials
(AASHTO) for that functional classification of roadway.
(b) Internal Pathways. Internal pathways shall be provided to form
a logical, safe and convenient system for pedestrian access to
dwelling units and common areas, with appropriate linkages off-
site.
(c) Emergency Vehicles. Roadways shall be designed to permit
access by emergency vehicles to all lots or units. An access
easement shall be granted for emergency vehicles and utility
vehicles, as applicable, to use private roadways in the
development for the purpose of providing emergency services
and for installation, maintenance and repair of utilities.
(d) Principal Access Points. Principal vehicular access points shall
be designed to provide for smooth traffic flow, minimizing
hazards to vehicular, pedestrian or bicycle traffic. Where a PUD
abuts a major collector, arterial road or highway, direct access to
such road or highway from individual lots, units or buildings
shall not be permitted. Minor roads within the PUD shall not be
directly connected with roads outside of the PUD, unless the
County determines such connections are necessary to maintain
the County's road network.
LAND USE REGULATIONS S-8 EAGLE COUNTY, COLORADO
Article 5 NovemBer 7, 2007
ARTICLE 5: ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT (PUD)
DISTRICT
(e) Snow Storage. Adequate areas shall be provided to store snow
removed from the internal 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 Comprehensive Plan. The PUD shall be consistent
with the Comprehensive Plan, including, but not limited to, the Future
Land Use Map (FLUM). (am. »/O8/os)
(11) Sustainable Community Index. The extent to which the PUD meets the
intent of Section 4-10 Sustainable Community Index of these Land Use
Regulations.
(12) 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.
(13) 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 of 25% of
the 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 Comprehensive 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.
LAND USE REGULATIONS S-9 EAGLE COUNTY, COLORADO
Article 5 November 7. 2007
ARTICLE 5: ADMINISTRATION 5-240. PLANNED UNIT DEVELOPMENT (PUD)
DISTRICT
(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 count towards this minimum standard, even when
they are not usable by or accessible to the residents of
the PUD. All other open space lands shall be
conveniently accessible from all occupied structures
within the PUD.
(b) Improvements Required. All common open space and
recreational facilities shall be shown on the Preliminary Plan for
PUD and shall be constructed and fully improved according to
the development schedule established for each development
phase of the PUD.
(c) Continuing Use and Maintenance. All privately owned
common open space shall continue to conform to its intended
use, as specified on the Preliminary Plan for PUD. To ensure
that all the common open space identified in the PUD will be
used as common open space, restrictions and/or covenants shall
be placed in each deed to ensure their maintenance and to
prohibit the division of any common open space.
(d) Organization. If common open space is proposed to be
maintained through an association or nonprofit corporation, such
organization shall manage all common open space and
recreational and cultural facilities that are not dedicated to the
public, and shall provide for the maintenance, administration and
operation of such land and any other land within the PUD not
publicly owned, and secure adequate liability insurance on the
land. The association or nonprofit corporation shall be
established prior to the sale of any lots or units within the PUD.
Membership in the association or nonprofit corporation shall be
mandatory for all landowners within the PUD.
(14) Natural Resource Protection. The PUD shall consider the
recommendations made by the applicable analysis documents, as well as
the recommendations of referral agencies as specified in Article 4,
Division 4, Natural Resource Protection Standards.
In Section 5-250.B: Standards for Special Uses shall be amended as follows (in italics):
LAND USE REGULATIONS 5-70 EACLECOUNTY, COLORADO
Article 5 November 7, 2007
ARTICLE s: ADMINISTRATION s-2s0. SPECIAL USES
A. 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. Where the application is for a Concept Evaluation Special Use Permit,
the applicant must demonstrate that there is the substantial potential to satisfy the following
standards; however, final project designs are not required. (am. 10/02/07)
1. Consistent with 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 Comprehensive Plan and the FLUM of the Comprehensive Plan, including
standards for building and structural intensities and densities, and intensities of use. (am
11/osios)
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. Sustainable Community Index. The extent to which the proposed Special Use meets
Section 4-10 Sustainable Community Index in these Land Use Regulations (applies to
major special use files only).
5. Design Minimizes Adverse Impact. The design of the proposed Special Use shall
minimize adverse impacts, including visual impact of the 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.
6. 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.
7. 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 ire protection, and emergency medical services.
8. Site Development Standards. The proposed Special Use shall comply with the appropriate
standards in Arricle 4, Site Development Standards.
LAND USE REGULATIONS s-II EAGLE COUNTY, COLORADO
Article 5 November 7. 1007
ARTICLE 5: ADMINISTRATION 5-280. SUBDIVISION
9. 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.
Section 5-280.3.e shall be amended as follows (changes in italics):
e. Standards. The Subdivision shall comply with the following standards:
(1) Consistent with Comprehensive Plan. The proposed subdivision shall
be consistent with the Eagle County Comprehensive Plan and the FLUM
of the Comprehensive Plan; (am 11/08/05)
(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 Coun 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 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.
LAND USEREGULAT/ONS S-I2 EAGLE COUNTY, COLORADO
Article S November 7, 2007
ARTICLES: ADMINISTRATION 5-280. SUBDIVISION
(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) Sustainable Community Index. The proposed subdivision shall
meet the intent of Section 4-10 Sustainable Community Index.
(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)
Chapter 2, Article 2: Definitions shall be amended to include the following
definition:
Sustainable Community is a community which fosters economic opportunity and social capital while
protecting and restoring the natural environment upon which people and economies depend.
In Chapter 2, Article 4: Site Development Standards, the following language shall be
added:
DIVISION 4-10: SUSTAINABLE COMMUNITY INDEX
SECTION 4-1000: PURPOSE
The Sustainable Community Index (SCI) is a development review tool to comprehensively analyze how
new developments contribute toward sustainable development. The intent of the SCI is to give staff,
developers, and decision makers an indicator as to the level of sustainability a project includes within it, as
well as its contribution to the broader community.
Sustainable Community shall be defined as: a community which fosters economic opportunity and social
capital while protecting and restoring the natural environment upon which people and economies depend.
SECTION 4-1010: APPLICABILITY
The SCI shall apply to all proposed PUDs, PUD amendments, Final Plats, Major Special Use Permits, and
Zone Changes as a required finding to be met for approval.
LAND USE REGULATIONS 5-73 EAGLE COUNTY, COLORADO
Article S November 7. 1007
ARTICLE 5: ADMINISTRATION 5-180. SUBDIVISION
SECTION 4-1020 POINT REQUIREMENTS
The SCI shall utilize the following point thresholds to be incorporated into the SCI finding:
140+ EXCEEDS MINIMUM STANDARDS
70-139 MEETS MINIMUM STANDARDS
0-69 DOES NOT MEET MINIMUM STANDARDS
NOT APPLICABLE
The point scale above assumes a maximum point score of 210, with 70 (meets minimum standards) and
140 (exceeds minimum standards) representing 33% and 66% thresholds of this maximum number,
respectively. For proposals where certain line items from the SCI which are not applicable to the project,
the total maximum points and point thresholds shall be adjusted and pro-rated accordingly. A non-
applicable point or line item is one which is impossible to include in the project because of its location or
existing condition. A point or line item cannot become non-applicable due to a proposed design or recent
actions taken by the applicant.
For example, a project with 30 non-applicable points would have a maximum of 180 points and the
following SCI finding thresholds would apply accordingly.•
120+ EXCEEDS MINIMUM STANDARDS
60-119 MEETS MINIMUM STANDARDS
0-59 DOES NOT MEET MINIMUM STANDARDS
NOT APPLICABLE
SECTION 4-1030: POINT DETAILS
SECTION 4-1030.1 SITE/LOCATION:
1.1 LOCATION INFILL/REDEVELOPMENT:
The project is either infill or adjacent to an existing town or community center (defined as an area with
multiple private businesses and services within walking distance of each other).
• Infill site: The site is surrounded on all sides by development. 4 points
• Adjacent site: The site is adjacent to existing development as part of a town or community center
on at least one side of the project. 2 points
• Previously developed (deconstruction required): 1 point
1.2 TRANSIT:
Over 50% of the development is within walking distance (1/4 mile) to public transit.
3 points
1.3 PROXIMITY TO EXISTING WATER/WASTEWATER:
• The project water distribution and sewer collection infrastructure connects to
existing infrastructure on site or immediately adjacent to the property and is
served by water and wastewater treatment facilities operated by the regional water
and wastewater treatment provider. 4 points.
LAND USE REGULATIONS 5-14 EAGLE COUNTY, COLORADO
Article 5 November 7, 2007
ARTICLE 5: ADMINISTRATION 5-280. SUBDIVISION
• OR, the developer is working with an existing regional water and wastewater
service provider to obtain efficient infrastructure tie-in and service. 2 points.
1.4 WILDLIFE/ECOLOGICAL COMMUNITIES:
Upon biological study of the area, a wildlife plan shall be completed to the satisfaction of the CDOW for
any critical wildlife habitats as defined by the CDOW. Identify and protect any wildlife movement
route/corridors on or near the property. 5 points.
1.5 RIPARIAN/WETLAND PRESERVATION:
For any site with wetland/stream/water body(s), any development is setback at least 100 feet from the edge
of the delineated riparian/wetland vegetation, and avoids any floodplain. 1 point. For any project within
200 feet of a wetland, stream, or water body, a water quality management plan is submitted, including
erosion and impact control measures and water quality testing before, during, and after construction to
demonstrate no impact to water quality. 2 additional points.
1.6 AGRICULTURAL LAND PRESERVATION:
The project is either on previously developed land or is not located on land historically used for agriculture
or suitable for agricultural use as defined by the Natural Resources Conservation Service. 2 points
1.7 EXISTING VEGETATION PRESERVATION:
The project avoids disturbance of existing trees and mature shrub species (2 points), or disturbs no more
than 10% of existing trees/shrubs on the site (1 point). Such vegetation is fenced off outside of limits of
disturbance during construction. If no such vegetation exists on site, item inapplicable.
1.8 BROWNFIELDBLIGHT REDEVELOPMENT:
The project redevelops an area that is currently dilapidated or blighted. `Blight' is defined as: an unsightly
condition including the accumulation of debris, litter, rubbish, or rubble; fences or structures characterized
by holes, breaks, rot, crumbling, cracking peeling, rusting or damage; and any other similar conditions of
disrepair and deterioration regardless of the condition of other properties in the neighborhood. 2 points
OR
The project cleans up a Brownfield lot. In this case `Brownfield' is a property with actual demonstrated past
commercial or industrial contamination. A contamination cleanup plan would need to be documented and
administered. 3 points
1.9 STEEP SLOPES/RIDGELINES:
The project avoids ridgelines and slopes steeper than 20%. 3 points
1.10 STORMWATER MANAGEMENT:
At least 30% of the runoff is reduced/detained during a 1-inch rain event. 1 point
100% of surface runoff travels through bioswales, engineered wetlands, landscaped detention areas, and/or
other vegetated drainage features that remove particulates and pollutants from surface runoff, provide
LAND USE REGULATIONS 5-IS EAGLE COUNTY, COLORADO
Article 5 November 7. 2007
ARTICLE 5: ADMINISTRATION 5-280. SUBDIVISION
onsite rainwater irrigation, and promote natural groundwater recharge. No vegetated drainage feature that
drains to a live stream shall be less than 100'. 2 points
SECTION 4-1030.2: CONNECTIONS/USES:
2.1 OPEN COMMUNITY:
The project is not gated, roadsJpathsJamenities are open to the public for use and connected to the
community outside the development project. 2 points
2.2 PUBLIC ACCESS:
The project provides public access to existing or appropriate trailheads or access points to public lands or
rivers (new access points must include approval from appropriate jurisdictional authority). 4 points.
2.3 COMPACT DEVELOPMENT:
Residential has a minimum average gross density of 7 units per acre. Non-residential has a minimum floor
area ratio (FAR) of 0.50 for mixed use, 0.70 for non-residential only. 5 points
2.4 REDUCED FOOTPRINT:
The project is located entirely upon previously developed areas of the property. 1 pt.
And/or: Total footprint does not exceed 50% of the property: 1 point.
2.5 CLUSTERING
The project utilizes efficient infrastructure and reduced site impacts by concentrating development in
compact clusters or nodes of development and creates or maintains open space on the property. (2 points)
2.6 OPEN SPACE:
The project creates or maintains open space through conservation easement that meets the intent of the
Eagle County Open Space Criteria (available on the Eagle County website www.eaglecoun ..us). The
abbreviated criteria and associated points are as follows:
1. Scenic Landscapes and Vistas 3 points
Preserve the protect Eagle County's outstanding natural beauty and visual quality.
2. Regional Heritage, Agriculture and Ranching 3 points
Retain Eagle County's history, culture, and agricultural land uses.
3. Wildlife, Wildlife Habitat and Migration Routes 3 points
Set aside areas critical to the long term health and vitality of indigenous wildlife.
4. Sensitive Lands and Environments 3 points
Protect and enhance riparian areas, flood plains, and other sensitive, unique, or endangered
ecosystems or environments.
5. Physical and Visual Buffers 3 points
Promote community separation and distinction, and provide separation between developed areas
and sensitive lands.
LAND USE REGULATIONS 5-16 EAGLE COUNTY, COLORADO
Article 5 November 7. 2007
ARTICLE 5: ADMINISTRATION 5-280. SUBDIVISION
6. Access to Streams, Rivers, Public Lands, and Recreation Opportunities
Provide access to public and/or private lands, and improve opportunities for high quality dispersed
recreation. 3 points
Open Space Potential points: 3 to 18 points
2.7 REDUCED PARKING FOOTPRINT:
• No more than 20% of the total development footprint is represented in surface parking. 2 points
10% or less: 3 points
• For nonresidential projects, 10% of parking spaces are reserved for carpool vehicles of 2 or more
passengers. 1 point
• Covered bicycle storage for minimum 15% of occupants. 1 point
• Covered bicycle storage for rninimum 25% occupants. 2 points
2.8 PARKING LOCATION:
For all non-residential andJor multi-family buildings, all surface parking must be at the side or rear of the
structure, leaving building frontages and streetscapes free of parking lots. Side parking must be adequately
screened. For single family/duplex units, garages cannot protrude from the front fagade; side/rear parking,
access via alley, etc. to promote pedestrian access.
Parking only to rear of structure(s): 4 points
Parking to side of structure (not obstructing entrance): 2 points
2.9 REDUCED PARKING:
Onsite parking does not exceed LUR requirements by more than 5%. 1 point
A transportation demand management plan demonstrates at least a 15% reduction in parking need than
required: 2 points.
A 25% reduction in on-site parking: 3 points.
(Onsite parking does not exceed the plan's recommendations for parking.)
2.10 JOBS/HOUSING:
For a commercial project, at least 25% of the floor area is residential. Sobs that would provide incomes
able to support 50% of potential residents either exist onsite or within a half mile of the project. 4 points
For a residential project, at least 25% of the floor area is for commercial uses. The commercial component
would create jobs with incomes able to support 50% of potential residents. 4 points
2.11 SCHOOL PROXIMITY:
A public school is located within a mile of the project. Children are able to walk or ride from the
development to the school safely on designated routes or paths. Distance is measured as traveled on such
routes. 3 points.
LAND USE REGULATIONS 5-17 EAGLE COUNTY, COLORADO
Article S November 7, 1007
ARTICLE S: ADMINISTRATION 5-280. SUBDIVISION
2.12 DIVERSITY OF USES:
The project includes the following non-residential uses (one point for each type):
Bank
Child care facility (licensed)
Community/civic center
Convenience store
Hair care
Hardware store
Health club or recreation facility
Laundry/dry cleaner
Library
MedicaUdental office
Office, general (not in-home)
Pharmacy
Church
Police/fire station
Post office
Restaurant
School
Senior care facility
Supermarket
Theater
Bar
Liquor Store
2.13 DIVERSITY OF HOUSING TYPES:
To enable citizens from a wide range of economic levels and age groups to live within a community, a
diversity of housing types is necessary. One point for each housing type above 2 as defined in the
following list:
Detached residential large (> 1800 ft2, not to exceed 3000 ft2)
Detached residential small (< 1800 ft2)
Duplex or townhouse large (> 1200 ft2, not to exceed 2000 ft2)
Duplex or townhouse small (< 1200 ft2)
Multifamily large (> 1000 ft2, not to exceed 2000 ft2)
Multifamily small (< 1000 ft2)
Live/work large (> 1200 ft2)
Live/work small (< 1200 ft2)
Accessory Dwelling Unit large (> 850 ft2, not to exceed 1000 ft2)
Accessory Dwelling Unit small (< 850 square feet)
2.14 AFFORDABLE HOUSING:
One points for each affordable housing unit provided above what is called for in the housing guidelines.
2.15 AFFORDABLE RENTAL HOUSING:
Onsite rental housing is provided.
1. Minimum 15%onsite rental housing is attainable for households up to 50% AMI 2 points.
2. Beyond item above, 15% additional onsite rental housing is available for households up to 80% AMI.
2 additional points.
SECTION 4-1030.3: TRANSPORTATION:
3.1 WALKABLE STREETS:
1. Each building has a principle front entry that faces a functional public pedestrian space. A functional public
pedestrian space is one that has gathering areas nearby and is connected to pedestrian walkways. 2 points
LAND USE REGULAT/ONS 5-18 EAGLE COUNTY, COLORADO
Article S November 7, 2007
ARTICLE 5: ADMINISTRATION 5-280. SUBDIVISION
2. A minimum of 30% of all frontages comply with a building to streetscape ratio of 1:3. 1 point
3. Sidewalks, footpaths, or woonerfs are available on all streets within and bordering the project. 2 points A
`woonerf is defined as a multi-modal plaza or street where pedestrians and bicycles have legal priority
over motorists. Cars have access through woonerfs, but their designed speed is 5 mph.
4. The public realm is entirely ADA accessible. REQUIRED
5. 10' wide sidewalks in front of non-residential buildings. 1 point
6. All streets facing non-residential mixed-uses have road designs for 25 mph or slower. 2 points
7. All streets in residential-only blocks have road designs for 20 mph or slower. 2 additional points
8. At least 50% of the building frontages have less than 18-foot setback tying it to functional sidewalks,
pedestrian routeslareas. 2 points
9. The front facades of non-residentiaUmixed-use buildings are contiguous to the sidewalk/public realm (zero
setback). 2 points
10. Functional entryways for non-residentiaUmixed-use buildings occur at least every 75 feet on average. 2
points
11. All ground-level non-residential interior space has at least 30% transparent glass on the ground-level
fagade. 2 points
12. No blank walls longer than 50 feet occur along sidewalks. Windows, doors, artwork or murals act as
breaks to blank walls. 2 points
13. On-street parking is provided for at least 70% of streets. 2 points
14. Street trees occur between the street and sidewalk at least every 40 feet. 2 points
15. For non-residential projects, at least 50% of ground level space is retail or service (banks/real estate not
included). 2 points
16. Trees, awnings, or other structures provide shade to at least 50% of sidewalks (tree shading at maturity). 2
points
17. Pet pickup stations are provided in appropriate locations throughout the development. 1 point
3.2 STREET NETWORK:
The project has a traditional small-block grid pattern. 2 points
If not a grid pattern, At least 50% of cul-de-sacs have abicycle/pedestrian path through-connection. If topographic
or other limitations prevent connection, those are not included in calculation. 1 point
3.3 TRANSIT FACILITIES:
Provide transit stops designed pursuant to Eco-Transit design specifications for covered, partially enclosed, lighted
facilities with bicycle racks, maps and route signage information. 2 points Covered bicycle storage: 1 additional
point.
LAND USE REGULATIONS 5-19 EAGLE COUNTY, COLORADO
Article 5 November 7, 2007
ARTICLE S: ADMINISTRATION 5-280. SUBDIVISION
3.4 WALKABLE VICINITY ACCESS:
Outside services and stores are within walkable distance to the project location. Use www.walkscore to establish the
vicinity walkability of the project. A score of:
10-25 gets 1 point
26-50 gets 2 points
51-75 gets 3 points
76-100 gets 4 points
3.5 BICYCLE NETWORK:
The project provides accessibility and connection to bicycle paths and routes connecting it to a town of community
center or Eco-Trails Core Valley Trail. Appropriate bicycle parking/storage exist. 3 points
3.6 ACCESS TO PUBLIC SPACES:
90% dwelling units and/or non-residential spaces are within a 1/4 mile of a public green space that is at least '/4 acre
in size (cannot be a narrow strip of greenspace). 2 points
3.7 ACCESS TO ACTIVE SPACE:
The project allows access to public outdoor recreation areas.
1. 90% of dwelling units are within''/z mile of a public active space of at least 1 acre (soccer felds, ball fields,
basketball court, park with active recreational facilities, etc.) 2 points
2. 50% of dwelling units are located within 'h mile of a recreation path or network or that is least 3 miles in
length. 1 point
3. 50% of dwelling units are located within 3/4 mile of a dog park area (pickup stations required) 1 point.
3.8 LOCAL FOOD PRODUCTION:
The project allows for private gardens in sideyards, backyards, attics, and/or balconies. 1 point
Neighborhood gardens exist as dedicated areas of 100 square feet per dwelling unit that include fencing, irrigation,
and raised beds. 2 points
The project is within 3 miles of a farmer's market that has been in place at least 2 years and includes no less than 3
local agricultural producers. 1 point
SECTION 4-1030.4: RESOURCE EFFICIENCY
4.1 REDUCED WATER USE:
Less than 25% of landscaped areas are irrigated turf grass. 2 points
Irrigated turf grass areas use a species that requires on average 25% or less irrigation than Kentucky blue grass. 2
points
LAND USEREGULATlONS 5-20 EAGLE COUNTY, COLORADO
Article S November 7, 1007
ARTICLE 5: ADMINISTRATION 5-180. SUBDIVISION
4.2 DIVERSE NATIVE LANDSCAPING:
The project uses over 10 or more species of native low-water plant species as a part of its landscape plan. 2 points
4.3 XERISCAPE:
The landscape plan demonstrates utilization of the seven principles of xeriscape design:
2 points
1. thoughtful landscape plan for dry/wet zones and plant maturity
2. select low-water-use plants as identified by CSU or recognized source.
3. minimize or eliminate turf areas
4. use efficient irrigation (drip systems, EV schedules, etc.)
5. Improve the soil
6. Use mulches
7. Demonstrate appropriate maintenance plan
4.4 SOLAR ORIENTATION:
75% of all buildings in the project have solar orientation. The south-facing facade of the buildings must be at least
1.5 times the east-west facades, and at least 50% of the south-facing facade area is capable of mounting a solar
collection device which would generate at least 90% of an ideal aspect as calculated on www.pvwatt.com. Spoints
4.5 RENEWABLE ENERGY:
Provide on-site renewable energy system(s). 3 points for each 5% of total energy consumption offset by system(s).
4.6 INFRASTRUCTURE RECYCLED CONTENT:
Concrete and/or asphalt is at least 75% recycled content. 1 point
Any mulch is recycled wood waste chip, and/or recycled tire mulch (for play areas). 1 point
4.7 RECYCLING:
The project is designed with recycling containers for co-mingled, newspaper, and cardboard for non-residential,
mixed-use, and multi-family projects (REQUIRED).
4.8 LIGHT POLLUTION:
The project utilizes dark sky fully shielded down-facing lighting for infrastructure. Lighting doesn't create glare or
be unnecessarily overpowered. Buildings shall only have exterior illumination necessary for safety requirements
and minimal signage illumination fot commercial uses (REQUIRED).
4.9 INNOVATION IN DESIGN:
Demonstrate other components of the design that meet the intent of the Sustainable Design Index which is to
promote resource efficiency, renewable power, reduced impacts, and social capitaUequity. Points reviewed on a
case by case basis.
LAND USE REGULATIONS 5-21 EAGLE COUNTY, COLORADO
Article 5 November 7, 1007