Statutory Role of Planning Commission and Board of County Commissioners
The regulations, procedures, and amendments pertaining to the functions of the Planning Commission and Board of County Commissioners in zoning resolutions, subdivision regulations, and land development.
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LDC-19-007 Subdivision Amendments
Review Criteria The statutory role of the Planning Commission and Board of County Commissioners is identified below: 30-28-116. Regulations may be amended. From time to time the board of county commissioners may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the zoning resolution. Any such amendment shall not be made or become effective unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. If disapproved by such commission within thirty days after such submission, such amendment to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. Before finally adopting any such amendment, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county. 30-28-133. Subdivision regulations. Every county in the state that does not have a county planning commission on July 1, 1971, shall create a county planning commission in accordance with the provisions of section 30-28-103. Every county planning commission in the state shall develop propose, and recommend subdivision regulations, and the board of county commissioners shall adopt and enforce subdivision regulations for all land within the unincorporated areas of the county in accordance with this section not later than September 1, 1972. Before finally adopting any subdivision regulations, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county. Before adopting any such subdivision regulations, the board of county commissioners may revise, alter, or amend any such subdivision regulations developed, proposed, or recommended by the county planning commission. Such subdivision regulations shall be in full force and effect and enforced by the board of county commissioners.
Summary of Amendments Adding language to specify types of Aquifers in the Code in Chapter 1; Adding a definition for Base Flood Elevation; Adding a definition for Floodway; Revising the definition of Floodplain and Floodplain Administrator; Adding a definition for a Geologic Constraint and a Geologic Hazard; Revising the definition for an On-site Wastewater Treatment System; Removing the definition of Prudent Line and Prudent Line Approaches; Adding a definition for a Soil Profile Test Excavation; Adding and revising acronyms; Adding language to administrative approvals by the Planning and Community Development Executive Director in Chapter 2; To add language to Chapter 7 requiring water sufficiency to be made at the time of preliminary plan approval, if administrative approval of a final plat is sought; To clarify language in the Code regarding waivers in Chapter 7; To add the word constraints with respect to hazards throughout portions of Chapter 8 excluding Flood Plain Hazards; To modify the Flood Plain Hazard language and delete Prudent Line Setback language in Chapter 8 to be consistent with recently approved changes to the Engineering Criteria Manual (2019); To remove Block Standards from Chapter 8; To modify the Water Resource Report requirements of Section 8.4.7, to be consistent with El Paso County Board of Health (2018) regulations; To modify the Wastewater Disposal Report requirements of Section 8.4.8, to be consistent with El Paso County Board of Health (2018) regulations; To modify the Geology and Soils Report requirements of Section 8.4.9, pursuant to recommendations of the Colorado Geological Survey (CGS), State Statute, and in response to comments provided by the local industry professionals; and To remove the language requiring traffic or transportation fees to be paid prior to plat recordation.
State Statute Revision House Bill 19-1274 was signed into law on May 31, 2019, as an amendment to Colorado Revised Statute Section 30-28-133.5, titled Review of plats and other plans and is enabling in nature. Specifically, the language allows the Board of County Commissioners to delegate their authority to administrative officials to approve or deny final plats, amendments to final plats, and correction plats and other agreements associated with a final plat. The proposed amendments to the Land Development Code are intended to implement this allowance under State Statute by authorizing the Executive Director of the Planning and Community Development Department to approval final plats if the Board of County Commissioners has made a finding of water sufficiency in conjunction with the previously approved preliminary plan and if the Board makes a finding at the time of approving the preliminary plan that the location and design of the public improvements proposed in connection with the subdivision are adequate to serve the needs and mitigate the effects of the development. The delegation of authority to administratively approve final plats and other platting actions as stated in the Statute, also requires the County to adopt procedures for public notice and allow for submission of written comments prior to the administrative approval of denial of a final plat or amendment to a final plat and to include procedures for appeals to the Board of County Commissioner of the County of such administrative approval or denial. Staff is proposing to provide a minimum of a 14 calendar day mailed notice to all adjoining property owners of record (based on County Assessor ownership records) prior to taking final action on a final plat. Staff is also proposing a process for appealing an administrative approval or denial to a hearing before the Board of County Commissioners.
ECM Amendments El Paso County Engineering Criteria Manual (2019) (ECM) was amended by the Board of County Commissioners on July 9, 2019. The amendment to the ECM included changes to help ensure the County has the appropriate regulatory mechanisms and control measures in place to address stormwater discharges as required pursuant to El Paso County s Municipal Separate Storm Sewer System (MS4) permit. Results in proposed revisions to language in the Code as it relates to floodplain, and removal of prudent line language.
Water and Wastewater Report Requirements The recommended changes to the report requirements in Chapter 8, Section 8.4.7 of the El Paso County Land Development Code (2019), are intended to expressly identify the report requirements for a water resource report based on Colorado Department of Public Health and Environment, State of Colorado Drinking Water Standards, and El Paso County Public Health. At p. 121-122, 8.4.7.B.4.d Documents Needed for Review by the OCA o Deeds and/or other documents that establish applicant s ownership of water rights for the proposed subdivision. The recommended changes to the report requirements in Chapter 8, Section 8.4.8 of the El Paso County Land Development Code (2019), are intended to expressly identify the report requirements for a wastewater disposal report based on the Regulations of the El Paso County Board of Health, (2018), which guide and enable the reviewing staff of the El Paso County Public Health to make a recommendation regarding the treatment of wastewater at the time of subdivision.
Geology and Soils Standards Report State Statute requires a Geology and Soils Standards and Report to be prepared by a qualified professional, submitted to the Colorado Geological Survey (CGS) for their review at the time of a preliminary plan application. The recommended changes to the report requirements in Chapter 8, Section 8.4.9 of the El Paso County Land Development Code (2019), are intended to expressly identify the report requirements for a Geology and Soils Standards and Report as required by State Statute and based upon the technical recommended changes provided by industry professionals and CGS.
