BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 00-442

ADOPTED OCTOBER 26, 2000

RECORDED AT RECEPTION NO. 200135724

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RESOLUTION No. 00-442

BOARD OF COUNTY COMMISSIONERS
COUNTY OF EL PASO, STATE OF COLORADO

Commissioner Brown moved adoption of the following Resolution:

WHEREAS, pursuant to Section 30-11-107(1)(e), C.R.S., the Board of County Commissioners of the County of El Paso ("Board"), has the authority to represent the County and manage the business and concerns of the County in all cases where no other provisions are made by law; and

WHEREAS, pursuant to Section 30-28-133.5(1), C.R.S., the process for review and approval of any plat or other plan shall be conducted pursuant to duly adopted county resolutions, ordinances, or regulations; and

WHEREAS, the Board, on May 1, 1991, adopted the current land use regulations in the El Paso County Land Development Code ("LDC") for the stated purpose of ". . . promoting the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of the county, including the implementation of the El Paso County Land Development Guidelines;" and

WHEREAS, the LDC states that the Board is ultimately responsible for, and is the ultimate arbiter of, land use decision making; and

WHEREAS, a number of zoning and subdivision regulations in the LDC collectively act to establish a "Planning Commission Cycle" ("PC Cycle") whereby timelines are set for submitting certain zoning and subdivision proposals for hearing by the Planning Commission, and timelines are set for the Planning Commission to then hear those proposals; and

WHEREAS, due to the growth in the unincorporated area of the County and the unprecedented number of zoning and subdivision proposals that that growth has generated, it has become almost impossible for County staff to complete review of such proposals in a thorough, effective, and timely manner; and

WHEREAS, said difficulty in meeting the current PC Cycle has created undue stress for County staff, and has caused delays for County customers; and

WHEREAS, representatives of the development community and staff, working in conjunction with the County's consultant in the Planning Commission Cycle/Subdivision Process Subcommittee of the Development Streamline Team process, have suggested that the current PC Cycle be suspended for one (1) year, and instead, allow for an "anytime" submittal. They have also endorsed testing this "anytime" submittal, along with other components of the streamlining process, including, but not limited to, Early Assistance, Point of Contact, and enhanced technologies, as part of the pilot project for the duration of the one (1) year period; and

WHEREAS, the intent and objective of suspending the current regulations in the LDC that establish the current PC Cycle is to reduce the overlap of processing cycles to produce a more orderly processing of applications that require Planning Commission and BOCC approval. The intent and objective also is to provide for an "anytime" submittal of applications and allow for the testing and implementation of improved development review system processing components, including project processing, establishing a point of contact, project early assistance, and enhanced technologies; and

WHEREAS, pursuant to Section 30-28-133(1), C.R.S., the Planning Commission is responsible for developing, proposing, and recommending subdivision regulations, and the Board of County Commissioners shall adopt and enforce subdivision regulations; and

WHEREAS, pursuant to Section 30-28-116, C.R.S., the Board of County Commissioners may amend any provision of the zoning resolution after the Planning Commission considers the amendment; and

WHEREAS, pursuant to Sections 30-28-116 and 30-28-133(1), C.R.S., before amending the zoning resolution or finally adopting subdivision regulations, the Board of County Commissioners shall hold a public hearing thereon, and at least fourteen (14) 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; and

WHEREAS, at its regular meeting on October 17, 2000, the El Paso County Planning Commission considered the proposal of the County's consultant, staff, and the Planning Commission Cycle/Subdivision Process Subcommittee to suspend the current PC Cycle for one (1) year, and in its place, allow for an "anytime" submittal with Early Assistance, Point of Contact, enhanced technologies, and other procedures, and to test this process as part of the pilot project for streamlining the County's development review process for a
period of one (1) year. The Planning Commission approved, and certified to the Board for approval, the same; and

WHEREAS, on October 11, 2000, the El Paso County Planning Division caused to be published in the El Paso County News, a newspaper of general circulation in El Paso County, notice of the time and place of the Board of County Commissioners' October 26, 2000, hearing regarding suspending the current PC Cycle; and

WHEREAS, the Board finds that it has complied with all approval and notice requirements related hereto; and

WHEREAS, the Board further finds that it is in the best interest of the County to adopt the recommendations of the County's consultant, staff, the Planning Commission Cycle/Subdivision Process Subcommittee, and the El Paso County Planning Commission to suspend the current PC Cycle for one (1) year, and in its place, allow for an "anytime" submittal with Early Assistance, Point of Contact, enhanced technologies, and other procedures, and to test this process as part of the pilot project for streamlining the County's development review process for a period of one (1) year; and

NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of El Paso County, Colorado, pursuant to its powers set forth above, hereby suspends all references to submittal deadlines and hearing deadlines in the zoning and subdivision regulations in the LDC, as amended, which establish the current PC Cycle, including, but not limited to, the following regulations:

ZONING
Chapter IV. § 2.A.3
Chap. IV, § 2.A.7.d

SUBDIVISION
Chap. V, § 47.B.4
Chap. V, § 47.C.3
Chap. V, § 47.D.3
Chap. V, § 47.E.1.d
Chap. V, § 47.F
Chap. V, § 47.I.3

BE IT FURTHER RESOLVED that the Board hereby suspends the current time requirements for submitting additional information for review prior to Planning Commission hearings in all regulations including, but not limited to, the following, and changes those times from fourteen (14) days, or other times, to twenty-one (21) days:

ZONING
Chapter IV. § 2.A.5

BE IT FURTHER RESOLVED that the following procedures and timelines shall apply and be tested as part of the pilot project during the one-year suspension period:

1. Applicants can submit a project application "anytime" during the week or the month. The County will process and distribute the application in the most efficient manner possible for noticing and distribution to reviewing agencies. Estimated initial County review turnaround times will be based upon the specific application submittal date.

2. The County will create and refine procedures to enable "Early Assistance" for projects. Early Assistance will be designed by the County to provide clarity to the application process by enabling the development of a tailored list of submittal requirements and an estimated timeline for the application. As a part of the process, Early Assistance will be strongly encouraged to improve the application process. The County will develop "prototypical timelines" for the most common projects that are submitted, in conjunction with the improvements to the overall development review system. The County will also develop a mechanism for requesting Early Assistance service, such as a faxed form requesting the service without a call.

3. The County will establish a point-of-contact on appropriate project applications at the time of Early Assistance or Submittal. The point-of-contact will facilitate the early assistance and the application process with the applicant. The point-of-contact responsibilities will be refined and enhanced as the County's system improvements are implemented. Technical experts from the required departments and divisions will be assigned to assist the point-of-contact with the application.

4. Application intake and completeness check will be performed at or near the submittal point. For most applications, the applicant will be given a submittal appointment for the project and as much of the completeness check will be performed at that time by staff. If not appointed at early assistance, the applicant's point-of-contact will be appointed at the time of submittal and be responsible for the application submittal process. Some follow-up completeness check may occur for more complex applications. Application packages that are inconsistent with the tailored list of submitted requirements will not be accepted.

5. The applicant will provide revised submittal plans and documents to respond to the staff's and other agency's comments and issues. The staff and applicant will work together in a cooperative effort to resolve such issues. The point-of-contact will act to facilitate the issues and comments.
Resolution No. 00-442
Page 5

6. During the suspension of the current PC Cycle, all other processing and statutory requirements will remain the same. These include, but are not limited to, the following:
Ø Does not affect the adopted fee schedule/structure;
Ø Reviewing agencies will remain the same;
Ø Statutory, code, and development criteria requirements remain the same;
Ø Public notice and hearing procedures remain the same; and
Ø Number of Planning Commission meetings will remain the same.

7. The project application will be scheduled for the first available (agenda permitting) Planning Commission hearing after the applicant has resolved all issues and adequately addressed departmental and review agency comments. All such comments and issues must be resolved by the applicant and the County at least twenty-one days prior to the hearing to allow for the required public notice and agenda processing. If issues and comments cannot be resolved between the applicant and the County, the Planning Director or his designee may schedule the application for hearing and resolution/direction by the Planning Commission.

8. The Planning Director or his/her designee will make the administrative determination for when an application is ready for hearing. Applicants can appeal the Planning Director's administrative determination to the BOCC, in accordance with the Land Development Code appeal process, if they disagree with that decision.

BE IT FURTHER RESOLVED that the PC Cycle suspension period set forth in this resolution shall become effective on November 29, 2000, and will not apply retroactively, but rather, will apply to all submittals received on or after the effective date. The suspension period will be in effect for a period of one (1) year from the effective date. The PC Cycle suspension may be shortened or lengthened by resolution.

BE IT FURTHER RESOLVED, that Ed Jones, duly elected, qualified, acting member and Chairperson of the Board of County Commissioners of El Paso County, Colorado, be and is hereby authorized to execute this Resolution and any other necessary documents to implement this change in procedure on behalf of the Board of County Commissioners.

DONE this 26th day of October, 2000, at Colorado Springs, Colorado.

BOARD OF COUNTY COMMISSIONERS
OF EL PASO COUNTY, COLORADO

 

ATTEST:

 

By: /S/ Ed Jones, Chairman

/s/ Eileen Gilbert, Deputy County Clerk

Commissioner Beedy seconded the adoption of the foregoing Resolution. The roll having been called, all five Commissioners voted "aye," and the Resolution was unanimously adopted by the Board of County commissioners of the County of El Paso, State of Colorado.

 

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