HomeMy WebLinkAboutR08-148 Land Use Regulations Land Use Application Procedural Changes • EAGLE COUNTY. r 200902771
TEAK J 6i ^lON'0 S
REC t? 20:26AM
02/19/2009
REC: X0.09 COG
•
iJ IIIII i IIIuhI,HhIIIIIIIHlI ,
4 S
moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO X
o
RESOLUTION NO. 2008- 11 O
Eagle County File No. LUR -0076
Land Use Application Procedural Changes and Other General Revisions
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS,
TO:
1) Revise Public Hearing Notice Requirements for Building Resolution amendments to be consistent
with all land use regulation amendment notice requirements;
2) To allow the maximum height for free - standing wireless telecommunication facilities, in all zone
districts, to be determined by the Board of County Commissioners on a case -by -case basis;
3) To limit the length of time that a land use application can remain `open' without any activity;
4) To revise general procedures pertaining to land use application processing;
5) To limit the cumulative length of time that a land use application can be tabled by the body
conducting the public hearing;
6) To specify when new or revised information must be submitted in response to concerns
delineated by the body conducting the public hearing.
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 environment alike; and
WHEREAS, the volume and pace of land development in the County threatens the natural
environmental attributes of Eagle County; and
1
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-0076, applicable to all new land use
applications received by Eagle County Community Development Department, as well as, all active, in
process, land use applications which have not yet received vesting EFFECTIVE JANUARY 1St, 2009;
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 30th day of December 2008, nunc pro tunc to the
16th day of December 2008.
ATTEST:
By:
Teak J. Simont~fi - ~
Clerk to the Board of ~°RAno ~
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO,
by and through its BOARD OF COUNTY
COMMISSIONERS
By; `~
'<i~
Peter F. Runyon, Chai
BY~ ~ll~
Sara J. Fisher, C mmissioner
By:
Arn M. Menconi, Commissioner
Commissioner ~~`"`'~ uti
called, the vote was as follows:
Commissioner Peter F. Runyon
seconded adoption of the foregoing Resolution. The roll having been
~ti
2
Commissioner Sara J. Fisher ~ `^
Commissioner Arn M. Menconi_ ~s ~~;
This Resolution passed by ~ ~ vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
EXHIBIT `A'
EAGLE COUNTY LAND USE REGULATIONS
CHAPTER 1
GENERAL PROVISIONS
1.01-1.15.03 NO CHANGES
1.15.04 Referrals
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*^ +>,° Dl.,r~;~,. r^.....,..;~.,;^~. Before the Department of Community Dcvclopment
issues a staff report to the Planning Commission on Land Use Regulation
alnelzdments, the proposed amendment shall be referred to any appropriate referral
agencies for an advisory opinion. The Planning Commission shall then review the
staff report and advisory opinions prior to rendering a recommendation to the Board
of County Commissioners.
2) If the proposal would affect land lying wholly or partially within three (3) miles or
within the area encompassed by the <bmprehensive Plan of any incorporated
municipality, such proposal shall be referred to the City Clerk of that municipality for
recommendation by the city or town planning commission or city council or town
board, or agents designed by them. Failure of the city to make recommendations
within thirty (30) days constitutes a waiver of its right to do so.
3
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1.15.05 Public Hearing
1) The Planning Commission shall hold a public hearing prior to recommending the
adoption of any amendments or changes to tltese Land Use Regulations or Building
Resolution. The time and place of such public hearing shall be advertised by the
Commission at least fifteen (15) days prior to the hearing in a newspaper of general
circulation within the County. After considering the testimony at the public hearing
and comments from governmental agencies and interested parties, the Planning
Commission shall recommend approval, conditional approval or disapproval of the
proposed changes or amendments to the County Commissioners.
2) The Board, before finally adopting any amendments or changes to these band Use
Regulatians or Building Resolutian, shall hold a public hearing thereon, notice of
which shall be published once in a newspaper of general circulation in the County at
the expense of the applicant at least thirty (30) and not more than sixty (60) days
before the hearing. Such notice shall state the date, time and place of the hearing; the
place where the proposal and relevant materials may be examined; and a telephone
number where inquiries maybe answered. Notwithstanding the foregoing public
notice requirement, notice of a public hearing on any proposed amendments to the
County Building Code shall be given by at least one publication in a newspaper of
general circulation in the county at least fifteen (15 }days prior to said hearing. In no
case shall the area covered by the building Cade be extended or changed unless the
same has been proposed by or is first submitted for the approval, disapproval, or
suggestions of the county planning commission.
3) The proposal shall be available for public inspection in the Department of Community
Development for thirty (30) days prior to the hearing before the Board of County
Commissioners.
NO OTHER CHANGES TO CHAPTER I
4
CHAPTER 2, ARTICLE 3
SECTION 3-300. RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE
SCHEDULE (am. OS/1 S/07)
Notes:
1. Minimum lot area per use maybe further restricted if an individual sewage disposal system is
proposed. For standards see Section 4-690, Sanitary Sewage Disposal Standards.
2. Maximum lot coverage and maximum floor area maybe further restricted by other standards of these
Regulations, including slope development standards. Provided no residential lot shall be so restricted
by minimum lot area per use or maximum floor area ratio limitations that it cannot be occupied by a
single-family dwelling containing no more than fifteen hundred (1,500) square feet of floor area.
3. Exceptions to the stream setback are subject to administrative review. Refer to SECTION 3-340.C.6.
Stream Setbacks. (am. 07/17/06)
4. Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances and
spires, domes, cupolas, towers, antennas intended as an accessory use, and similar non-inhabitable
building appurtenances may exceed the maximum height limitations of the underlying zone district by
not more than thirty (30) percent.. "I'he maximum allowable height for free-standinl; wireless
telecommunication f'acilitics, in all zone districts, shall be dctcrmined by the Board of <~ounty
{'ommissioncrs on a case-by-case basis through the Special Ilse Rcvie~v process, based upon line-of-
site requirements, visual and environmental impacts and view shed analyses. (utri ~;Y%t~Y%XXl
5. A Fulford Parcel is two (2) or more continuous lots, under common ownership as of January 1, 1988,
as recorded in the office of the Eagle County Clerk and Recorder. The interior lot lines of two (2) or
more contiguous lots under common ownership shall not be used to determine setback requirements.
6. Floor area and setback limitations notwithstanding, asingle ownership lot in existence as of January
1, 1988, and as recorded in the office of the Eagle County Clerk and Recorder, shall be permitted to
contain asingle-family residential unit containing up to one thousand (1,000) square feet of floor
area, provided the maximum lot coverage of buildings shall not exceed twenty-five (25) percent of lot
area.
7. Density shall not exceed twelve (12) dwelling units per acre of developable land.
8. Effective density may be reduced by other standards of these Regulations, including the slope
development standards.
9. Minimum lot area may be reduced for a Cluster Development; see Section 3-310 B, Cluster
Development.
10. A combination of compatible uses may be considered as a single use.
5
11. Or such smaller area as may have been legally created prior the adoption of subdivision regulations
by Eagle County on Apri16, 1964.
12. Accessory buildings, excluding garages and unless otherwise approved through special use, shall not
be larger than eight hundred-fifty (850) square feet. The floor area of the accessory building shall
count toward the property's maximum floor area, if the accessory building contains habitable space,
and lot coverage calculations. Its location shall comply with all applicable setback standards and it
shall comply with the applicable height restrictions of the underlying zone district. {orig 03112/02)
(am 11/08/05)
NO OTHER CHANGES TO CHAPTER 2, ARTICLE 3
CHAPTER 2, ARTICLE 5 ADMINISTRATION
6
Mandatory Pre-Application Meeting
Submit Application
Community Development Director Reviews
Application for Sufficiency
Is Sufficient
Is Not Sufficient
Community Development Director Certifies
Application as Complete
Referral to Local, State
and Federal Agencies
Establish Public Hearing Dates
and Legal Published Notice
Prepare Staff Report
Hearing by Review Body(ies)
Application Approved; Approved
Conditionally: Tabled: or Denied
BoCC Resolution Ratifying Final Decision on Consent
Agenda
Submit Approved Documents for Recording, as
Applicable
Staff Review of
Application
Applicant Corrects
Deficiencies
Notify Applicant of
Deficiencies
Stakeholder
Meeting
If No Outstanding
Issues then,
If Outstanding Issues
Remain then, Applicant
Makes Revisions as
Necessary,
OR
Applicant Opts to
Proceed to Hearing with
Outstanding Issues and
Requests, In Writing,
That Hearing Dates be
Scheduled
7
Obtain Executed BoCC Resolution, Certificate of Zoning
Compliance and/or Building Permit
SECTION 5-210. PROVISIONS OF GENERAL APPLICABILITY
A. Application Forms. All applications for development permits shall be submitted with the
applicable County forms, which shall be available from the Community Development
Department. No application shall be considered complete for review unless the requested number
of copies of all required materials are submitted in sufficient detail for the Community
Development Director to determine whether the application complies with the substantive
requirements of these Land Use Regulations.
B. Fees. ,All applications shall be accompanied by the applicable fee required by the County fee
schedule. The fee schedule shall be established and may be revised from time to time by the
Board of County Commissioners. Its purpose shall be to defray the costs of processing
applications. The fee schedule shall be available for review in the Community Development
Department during normal business hours.
C. Pre-application Conference.
1. General Overview. Apre-application conference is mandatory prior to the submission
of Sketch Plan, Preliminary Plan, Special Use Permit, Zone Change, Amended Final Plat,
Minor Type B Subdivision proposing the subdivision of unimproved property and Minor
Type A Subdivision applications. The purpose of apre-application conference is to
familiarize the applicant with those provisions of these Land Use Regulations applicable
to the proposed development and to confirm that the development review procedures will
be consistent with Colorado law. (am. 05/01/07)
2. Initiation of Pre-application Conference. An applicant requesting a mandatory pre-
application conference shall make a request for apre-application conference with the
Community Development Director. Along with the request for the pre-application
conference, the applicant shall provide to the Community Development Director a
description of the character, location, and magnitude of the proposed development and
the type of development permit sought.
3. Scheduling of Pre-application Conference. The Community Development Director
shall schedule apre-application conference within ten (10) working days of receipt of a
request for apre-application conference, and shall notify the applicant of the time, date,
and place of the pre-application conference. (am. 05/01/07)
4. Pre-application Conference. At the pre-application conference, the applicant, the
Community Development Director, and any other County staff and/or State and/or
federal representatives the Community Development Director deems are appropriate to
attend the pre-application conference, shall discuss the proposed development, and based
upon the information provided by the applicant and the provisions of these Land Use
Regulations, determine in general what provisions of these Land Use Regulations apply
to the proposed development. The pre-application meeting must occur within two (2)
months prior to the formal application. (az~z..~.~1.~:~~ ~:~)
5. Written Summary. Within five (5) working days of completion of the pre-application
conference, the Community Development Director shall mail to the applicant a written
summary of the pre-application conference. (am. 05/01/07)
8
D. Common Procedure for Review of Applications. Unless otherwise stated in this Article, the
submission of an application for, determination of the completeness of, staff review of, and notice
and scheduling of public hearings on all applications for development permits shall comply with
the procedures of this subsection.
1. Initiation. Applications for development permits shall be submitted to the Community
Development Director by the owner, or any other person having a recognized interest in
the land for which the development is proposed, or their authorized agent.
a. Applicant is Not the Owner. If the applicant is not the owner of the land, or is a
contract purchaser of the land, the applicant shall submit a letter signed by the
owner consenting to the submission of the application.
b. Applicant is Not the Sole Owner. If the applicant is not the sole owner of the
land, the applicant shall submit a letter signed by the other owners or an
association representing the owners consenting to or joining in the application for
development permit.
2. Minimum Contents of Application. The application shall be submitted in a form
established by these Land Use Regulations and made available to the public. All
applications shall include, at a minimum, the following materials:
a. Applicant's Identity. The applicant's name, mailing address, telephone, email
address and fax number. If the applicant is to be represented by an agent, a letter
signed by the applicant granting power of attorney to the agent shall be
submitted, authorizing the agent to represent the applicant and stating the
representative's name, mailing address, telephone, email address and fax number.
(am 05/01/07)
b. Legal Description. The legal description and street address, if such exists, of the
parcel on which development is proposed to occur.
c. Disclosure of Ownership. A disclosure of ownership of the parcel on which the
development is to occur, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements that run with
the land. The disclosure of ownership mey shall be in the form of a current
certificate from a title insurance company (title commitment), or ownership and
encumbrance report. The title comrtnitment ar oc~mership and encumbrance
report shall be dated within two {2) months prior to formal application submittal.
(am 05/01/07) (arrr ~Y<Y%~Y.%~'Xr)
d. Vicinity Map. An eight and one-half inch by eleven inch {~ '/"x11") vicinity
map, locating the subject parcel within Eagle County. The map shall, at a
minimum, have a scale bar and clearly identify the sul?ject parcel(s) and the
nearest adjacent public road. nr ° ~-'~* ~„a ~ ~'~~'~' ~4 , ;~~ :..,.,. ~--. ~,~-=~r ~, , ~
e. Written Description. A written description of the proposal and an explanation
in written, graphic or model form of how the proposed development complies
with the review standards applicable to the application.
9
f. Environmental Impact Report, when applicable. (See Section 4-460).
g. Adjacent Property Owners. A list of all adjacent property owners, compiled by
the applicant using the most recent County ad valorem tax rolls, is required for
all applications and shall be submitted to the Community Development Director
as part of the application for development. In addition to submitting a written
list, the applicant shall also submit typed addresses on individual adhesive labels
or in the form of pre-addressed envelopes. Hand written labels or envelopes are
unacceptable. (am 9/27/99) (am 05/01/07)
h. Additional Requirements. Submittal requirements as outlined in the specific
development permit section of these Land Use Regulations.
3. Determination of Sufficiency. Within ten (10) working days of receipt
of the application, the Community Development Director shall determine if the
application is sufficient and includes data in adequate detail to evaluate the application to
determine whether it complies with the appropriate substantive requirements of these
Land Use Regulations. Final Plat, Amended Final Plat, and Minor Type B Subdivision
applications shall not be subject to Section 5-210.D.3.c. (am 05/01/07)) (uttr ,Y;Y%Y~Y"lam
a. Determined Insufficient. If the Community Development Director determines
the application is insufficient, a written notice shall be mailed to the applicant
specifying the application's deficiencies. No further action shall be taken on the
application until the deficiencies are remedied. If the applicant fails to correct
the deficiencies within sixty (60) calendar days, the application shall be
considered withdrawn and returned to the applicant. The applicant may appeal
the Community Development Director's determination to the Board of County
Commissioners pursuant to Section 5-2400 of these Land Use Regulations. (am
05/01/07)
b. Determined Sufficient. The Community Development Director shall notify the
applicant, in writing, when the application has achieved sufficiency. Depending
on the application, the Community Development Director may simultaneously
request a specified number of application copies for referral purposes. For Final
Plat, Amended Final Plat, and Minor Type B Subdivision applications, referral
copies may not be necessary, and the application may be scheduled for hearing
pending review of the final, executed Mylar. (am 05/01/07)
c. Determined Complete. Once the Community Development Director has
received the requested number referral copies, the application shall be deemed
complete; ,
.,t,;,.>, ,.>,..tt >,e ,,,, t.,+o.. +~,.,~ ~ .,+., rim ,t,,.,~ .,r+o,. +t,o ,t.,+o +>,e ,. ..t;,,,,+;,... .
. (orig. 05/01/07)) (arn XX,!Y:Y'r,Y:Y)
d. Referral illailing. Within five (>) calendar days from the date that the requested
number of referral copies is received by the Community Development
Department, the Community Development Director shall mail the application
materials provided to the appropriate review- agencies. (um ,Y;k%Y;Y%XX)
Referral Time Period. The length of the referral period shall be a minimum of
twenty-one (21) calendar days for Sketch and Preliminary Plans for
10
Subdivision; Minor Type `~' Subdivisions; Sketch and Preliminary Plans for
I'UD; 1'UI} Amendments; `Lone Changes; Special Use Permits; Variances, and
1041 Pernlits.
The length of the rcfcrral period shall be fourteen ("14) calendar days for: Final
Plats; Minor Ty~ac `B' Subdivisions; Atncndcd Final Plats; Exemption Plats; and
Special District Service Plans. (arrr ,Y;Y%XX/.Y:Y)
The length of the referral period shall be thirty (30) calendar days for any
amendments or changes to these Land Use Regulations or Building Resolution.
The length of the rcfcrral period for any other type of application not listed herein
shall be determined, as applicable, on a case-by-case basis by the Community
Development Director. (un~ ~'~~`.k:k1Y;Y)
~. Post Referral Period Stakeholder IVleeting.
a. kY'ithin ten {10) working days following completion of the rcfcrral period as
delineated in Section 5-210.D.~t.ci, Referral Process, if the referral response(s)
disclose deficiencies, the Community Development Director or assilm will
schedule a stakeholder meeting with tl~e applicant including any other County
staff ancl,%ar any other applicable agency representatives the Community
Development Director deems appropriate, to discuss all identified concerns of the
Community Devclopmcttt Department, as 'well as, each referral response received
and the applicant's necessary cotirsc of action to adequately respond to and
rcmcdy all concerns, deficiencies and rccommcndations set forth in the referral
responses received. (arrr .k;k Y;Y~/XX}
b. bk'ithin ninety (90) calendar days, the applicant shall respond to and/or remedy all
concerns, deficiencies and reconmlendations set forth in the referral responses
received and shall submit a thorough response to the Community Development
Director or assign. If the applicant fails to submit a thorough response within
ninety (~30) days and has not communicated a viable reason fur delay to the
Community Development Tirector or assign, then the application shall be
considered withdrawn and returned to the applicant. (ctm .k'k%:k;~'/;Y;Y)
c. Within ten {10) working days following receipt of the applicant's response the
Commumty Development Director or assign and any other County staff and,~or
any other applicable agency representatives that provided referral responses shall
review the resubmitted application materials and prepare written comments far
the applicant clearly delineating what, if any, outstanding concerns, deficiencies
and unsatisfied recommendations remain. (anr ,Y;YXX/.k:k~
1`he written camrtnents shall also clearly delineate which outstanding concerns,
deficiencies and recommendations identified in the referral responses recei~-ed
have been acceptably addressed or resolved. (cam .k'~'lk:k%,k;Y)
d. kY%ithin ninety (90) calendar days, the applicant shall respond to and/or rcmcdy all
concerns, deticiencies and unsatisfied recommendations remaining as set fot•th in
11
the written comments provided and shall submit a thorough response to the
Community Development Director or assign. If the applicant fails to submit a
thorough response within ninety (90) days and has not communicated a viable
reas<m far delay to the Community Development Directar or assign, then the
applicatian shall be considered withdrawn and returned to the applicant. (am
<Y~Y%XX%~I')
e. Steps `c' and`d' above shall be repeated until such time that all of the initially
provided referral responses have been addressed or resolved to the satisfaction of
the Community Development Director. (arrr <Y<Y%YX/_~'_X')
f; Once all outstanding concerns, deficiencies and recammcndations idcntii`ied in
the referral responses received have been acceptably addressed and~`ar resolved,
the applicatian shall be scheduled far the next available public hearing for which
proper notice of public hearings can be achieved as delineated in Section >-
210.Iv. Notice of Public Hearin s. (am _~'~'/.Y:Y'/;Y1Y)
g. In the event that the Community Development Director and the applicant are not
able to resolve deficiencies as delineated in Section 5-210.D.4.a., above,
regarding acceptable resolution of Community Development Deparlment
concerns and the referral respanses received then the applicant may request, in
writing, that the applicatian be scheduled for the next available public hearing.
The applicant shall have the right to request, in writing, that the applicatian be
scheduled for the next available public hearing for which proper notice of public
hearin~,~s can be achieved as delineated in Section 5-210.1„ Notice of Public
IIearin~s at any point in the process following the initial stakeholder meeting as
delineated in Sectian 5-210.D.~.a., abavc. (utn.kk%Y;Y%Y~Yj
If an applicant requests, in writing, that the applicatian be scheduled far the next
available hearing prior to resolution of the referral respanses received to the
satisfaction of the Community Development Director, it is understood by the
applicant that the Staff Report shall describe, in detail, all outstanding
deficiencies and whether the application complies with all appropriate standards
of these Land tJsc Rcgulatians. The Staff Report Shall also recommend any
changes in the development and~or conditions far approval necessary to bring the
development rota compliance with the appropriate review standards, or
disapproval. Conditions far appraval. if necessary, are intended to eliminate any
areas of nancompliance or mitigate any adveese effects of the proposed
develapment. (m~a <~'~~ Y~Y;!Y;Yj
12
h. Upon the scheduling of public hearing dates, or at the submission of` the written
request as delineated in 5ectian 5-210.ll.4.g above, no new additional or altered
information may be submitted by the applicant. (orig. `~?L!XX~XX)
5.4. Staff Report by Community Development Director. ~~~rt3~
th~~att6~~e~613~F°i;,,.,;r,,.-., ~i.,,, ~;,.,,i ni,.* ~ .. c„t,a;.,;~;~n~a
The Community Development Director shall
prepare and clistz-ibute a detailed Staff Report evaluating the application ert
°'~~"'~° -„°~'°a to the applicant and n~le make the report available to the public no later
than f-ive (5) calendar days before the first scheduled public hearing on the application.
The Staff Report shall describe whether the application complies with all appropriate
standards of these Land Use Regulations; it shall also recommend any changes in the
development, as submitted, and the conditions for approval, if any, necessary to bring the
development into compliance with the appropriate review standards, or disapproval.
Conditions for approval may also be recommended to eliminate any areas of
noncompliance or mitigate any adverse effects of the proposed development. (um
(i.3: Scheduling of Public Hearing(s). The Community Development Director shall ensure
that the appropriate public hearing or public hearings on the application shall be
scheduled pursuant to Section 5-210.E., Notice of Public Hearings, for a regularly
scheduled meeting or a meeting specially called for that purpose by the decision-making,
administrative, or advisory body reviewing the application. 'T'''° ~--°* ~~~'~'~°''°°,.:r,. ~'~~"
°+~°° -'° °„+~ +°''° ~°+~~~'°a. (am 9/27/99) (afn ,k;k%Y~Y~XX1
E. Notice of Public Hearings. All proposed amendments to the Comprehensive Plan and any
applications for development permits that require public hearings, unless otherwise noted, shall
follow the provisions of this subsection with regard to public notice and the conduct of such
public hearings. Minor Subdivisions shall comply with the provisions of this subsection except
that Type Minor B Subdivisions are exempt unless the application is for the creation of three (3)
or fewer lots from otherwise unimproved land. The Community Development Director shall be
responsible for: (1) placing notice in the newspaper; (2) mailing notice to adjoining landowners;
and (3) furnishing a copy of the sign to the applicant. The applicant shall be responsible for: (1)
providing the Community Development Director with a list of adjacent landowners from the most
recent County ad valorem tax rolls; (2) paying for the costs of publishing notice and mailing
notice; (3) posting the sign(s) on the property; and (4) submitting an affidavit that notice was
properly posted on the property. (am 9/27/99), (am 3/12/02) (am.ll/08/05)
Notice in Newspaper. All proposed amendments to the Comprehensive Plan and
applications for development permits, with the exception of Final Plats, Amended Final
13
Plats, Subdivision Exemptions, Minor Type B Subdivisions, and Limited Review
Applications, shall be advertised in the legal notice section of an official County
newspaper. Notice of an application for amendments to the text of these Land Use
Regulations or the Zoning District Map, amendments to the Comprehensive Plan and all
development permits requiring a public hearing except those for Subdivision shall be
published no less than fourteen (14) calendar days prior to the date of the first public
hearing. Notice of an application for a Sketch Plan or Preliminary Plan for Subdivision
shall be published a minimum of twenty-one (21) days before the Planning Commission
public hearing and thirty (30) days before the Board of County Commissioner's public
hearing. In the event the Planning Commission tables a file beyond the original Board of
County Commissioners published hearing date, the file must be re-advertised a minimum
of 15 days prior to the reestablished Board of County Commissioners hearing unless the
Board of County Commissioners at such hc~ring tables the file to a date certain. (am.
3/12/02) (am. l l /08/05)
Notices shall contain the following information:
a. Type of Application. The type of application sought: i.e. amendment to the
Official Zone District Map, amendment to the text of these Land Use
Regulations, Planned Unit Development (PUD) District, Special Use Permit,
Variance Permit or Subdivision.
b. Description of Action. A short description of the proposed action requested.
c. Location of Land. The common street address and part of the County (name of
community, where applicable) of the land subject to the application, a general
legal description of the land, and a description of the area (size) of the land.
d. Location, Date, Time. The location, address, date, and time of the public
hearing.
e. Where Information Maybe Obtained. Information on where the full details of
the application may be obtained including, if it is a proposed amendment to the
Official Zone District Map or the text of these Land Use Regulations, the place
where the text or the map maybe examined.
2. Mailed Notice. A notice containing all the information required under Section
5-210.E.1., Notice in Newspaper, shall be sent by mail, first-class postage prepaid, to all
landowners of the land subject to the application and all adjacent landowners of the land
subject to the application no less than fifteen (15) calendar days prior to the public
hearing. All applications, except for Minor Type B Subdivisions involving the
subdivision of condominiums, patio homes, townhomes and duplexes, shall comply with
this section. (am 3/12/02)
3. Posted Notice. All lands subject to a public hearing except for Minor Type B
Subdivisions involving the subdivision of condominiums, patio homes, townhomes and
duplexes, and Limited Review Applications, shall be posted with at least one (1) notice (a
sign) of the public hearing at least fifteen (15) calendar days prior to the public hearing.
The dimensions of the sign(s) shall be a minimum of two (2) feet by three (3) feet. The
sign(s) shall state the type of application sought for the land, the Eagle County file name,
and number, and that more detailed information is available about the application in the
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Community Development Department. Signs are available in the Department of
Community Development during regular business hours. (am 3/12/02)
The sign(s) shall be set back no more than twenty-five (25) feet from the street, and shall
be erected in full view of the public on each street side of the land subject to the
application. Where the land does not have frontage on a public or private street, the
sign(s) shall be erected on the nearest street right-of--way with an attached notation
indicating generally the direction and distance to the land subject to the application. The
materials to which the sign(s) is affixed shall be sturdy and waterproof or shall have a
waterproof covering.
The posting of such sign(s) will be the responsibility of the applicant, and applicant shall
make every reasonable effort to maintain a sign upon the property for the duration of the
posting period. Prior to public hearing ,the applicant will provide a sworn certification
that such notice was posted on the property in accordance with these guidelines, and that
property has remained so posted for the required number of days prior to the public
hearing. The sign(s) shall be removed after the decision is rendered on the application.
The failure of any such posted notice to remain in place after the notice has been properly
posted, without the applicant's knowledge and despite applicant's reasonable efforts to
maintain the sign(s), shall not be deemed a failure to comply with the standards, or be
grounds to challenge the validity of any decision made on the application. (am 9/27/99)
F. Public Hearing Procedure. A public hearing held pursuant to these Land Use Regulations shall
comply with the following procedures.
1. Examination and Copying of Documents. At any time upon reasonable request during
normal business hours, any person may examine an application and materials submitted
in support of or in opposition to an application in the Community Development
Department. Copies of such materials shall be made available upon reasonable notice,
and payment of a fee for copying pursuant to the County's fee schedule.
2. Request for Notification of Public Hearing. Notification of all public hearings shall be
provided by the Community Development Director to any person who requests
notification in writing from the Community Development Director, and pays the costs of
the processing and mailing of the notification.
3. Staff Report. A Staff Report shall be available to the applicant and the public at least
five (5) calendar days prior to the public hearing. The Staff Report shall address each
standard/finding required to be considered by these Land Use Regulations prior to
approval of the application, and recommend approval, approval with conditions, or
disapproval, whichever is appropriate.
4. Site Visit. As part of its hearing to consider the application for development permit, the
advisory or decision-making body may inspect the site of the proposed development.
Upon reasonable request of the Community Development Director, the applicant shall
mark the development site before the site visit to locate property boundaries, building
envelopes and other site development features.
5. Conduct of Public Hearing. The conduct of a public hearing shall comply with the
following procedures.
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a. Rights of All Persons. Any person may appear at a public hearing and submit
evidence, either individually or as a representative of an organization. Upon
request of the Chairman, anyone representing an organization shall present
written evidence of their authority to speak on behalf of the organization in
regard to the matter under consideration. Each person who appears at a public
hearing shall be identified, state an address, and if appearing on behalf of an
organization, state the name and mailing address of the organization.
b. Order of Proceedings. The Chairman conducting the public hearing may
exclude testimony or evidence that is found to be irrelevant, immaterial or unduly
repetitious. The order of the proceedings shall be as follows:
(1) Description. The Community Development Directbr shall present a
narrative and/or graphic description of the application.
(2) Staff Report. The Community Development Director shall present a
Staff Report which includes a written evaluation .This
evaluation shall address each standard required to be
considered by these Land Use Regulations prior to approval of the
application.
(3) Applicant Presentation. The applicant shall present any information
the applicant deems appropriate.
(4) Public Testimony. Public testimony shall be heard.
(5) Applicant Response. The applicant may respond to any testimony or
evidence presented by the public.
(6) County Staff Response. The Community Development Director, or
Community Development Department staff, the County Attorney, and
any other County staff may respond to any statement made by the
applicant or the public.
c. Testimony. If any testimony or evidence is excluded as irrelevant, immaterial or
unduly repetitious, the person offering such testimony or evidence shall have an
opportunity to make a proffer in regard to such testimony or evidence for the
record. Such proffer shall be made at the public hearing.
d. Continuance of Public Hearing. The body conducting the public hearing may,
on its own motion or at the request of any person, continue the public hearing to
a fixed date, time and place. ^„ ~ „'~°~„* ~'~~"''°~~° *'~° ri~'~* *° r° °~* .,ra ~.°
^•-~~*°a °r° ~' ` °°„*~~~~~~°°. All ~ continuances shall be granted at the
discretion of the body conducting the public hearing only upon good cause
shown; however, no public hearing shall be continued for more than forty (40)
days from the date of commencement of the public hearing without the written
consent of the applicant. Linder no circumstances shall an application be
continued f'or more than six months after the date of initial hearin~~ before the
body considering the application. (a1ra. ~Y;YiXX/_X~')
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c. Submittal of 1\ew Additional and/or Revised Information. When an
application is tabled for the purpose of allo«-ing the applicant opportunity to
respond to concerns delineated by the body conducting the public hearing, staff
or any other person then, ne~~ additional andlor revised information shall be
submitted to County staff no later than 1S working days in advance of the
continued public hearing date. (o~•ig..~'.~i;~;k'/,~;~)
fe. Withdrawal of Application. An applicant shall have the right to withdraw an
application at any time prior to the action on the application by the decision-
making body.
g.~ Record.
(1) Recording of Public Hearing. The body conducting the public hearing
shall record the public hearing by any appropriate means, including
transcription, audiotape, or videotape. A copy of the public hearing
record may be acquired upon reasonable notice by any person upon
application to the Community Development Director and payment of a
fee to cover the costs of duplication of the record, pursuant to the Eagle
County fee schedule. (am 9/27/99)
(2) The Record. The written or taped record of oral proceedings, including
testimony and statements of personal opinions, the minutes of the Clerk,
all applications, exhibits and papers submitted in any proceeding before
the decision-making, administrative, or advisory body, the Staff Report
and the decision of the body shall constitute the record.
(3) Location of Record/Inspection. All records of decision-making,
administrative, or advisory bodies shall be public records, open for
inspection. Persons may determine the location of particular records by
coming to the offices of the Community Development Director during
normal business.
G. Actions by Decision-Making, Administrative, and Advisory Bodies. No change proposed.
H. Any land use application request that has been dormant for a period of ninety (90) calendar days,
without a substantive and sufficient response by the Applicant to pending requests by the County
for additional information and other changes in the application, or other, similar failure of the
Applicant to demonstrate due diligence in pursuing the application in a timely manner w-ithaut
communicating a i-iable reason for delay to the Community Development Director or assi},m, shall
be deemed to be formally withdra~~~1. "I"he land use application file and its contents will be
archived or returned to tlac applicant.
I. Extinguishment of Approvals. No change proposed.
J. Consolidation. No change proposed.
K. Subsequent Permits. No change proposed.
L. Successive Applications. No change proposed.
NO OTHER CHANGES TO CHAPTER 2, ARTICLE 5
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