×

Warning message

The installed version of the browser you are using is outdated and no longer supported by Konveio. Please upgrade your browser to the latest release.

Module 2: Development Standards

The second module of the Land Development Code focuses on updates to the County's development standards. Througout the draft there are footnotes that describe the source section, significant changes, or ocmmentary for many of the provisions that originated from the current Land Develompent Code. Comments are due by September 26th. 

*This draft is intended for Working Group review and comment only - it is not meant for distribution outside of the Working Group*

File name:

-

File size:

-

Title:

-

Author:

-

Subject:

-

Keywords:

-

Creation Date:

-

Modification Date:

-

Creator:

-

PDF Producer:

-

PDF Version:

-

Page Count:

-

Page Size:

-

Fast Web View:

-

Choose an option Alt text (alternative text) helps when people can’t see the image or when it doesn’t load.
Aim for 1-2 sentences that describe the subject, setting, or actions.
This is used for ornamental images, like borders or watermarks.
Preparing document for printing…
0%

Click anywhere in the document to add a comment. Select a bubble to view comments.

Document is loading Loading Glossary…
Powered by Konveio

Comments

View all Cancel

Add comment


Similar to comment above, this may result in sterilization of property.
Since this applies to all developments, one new dwelling would have the burden of finding a secondary access on behalf of 25+ lots. This is a massive burden that may not be able to be overcome in some instances. Could this be viewed as a taking if the property is then unbuildable?
The preface says it applies to all development and not just subdivision
EPC does not review or enforce covenants. What will be the basis for determining they are adequate? By requiring them as part of an application, will EPC now be enforcing private covenants?
This has been problematic for pre-existing private roads. Many people live in rural locations to avoid governmental control and prefer to just work with their neighbors to maintain roads. There are numerous instances where a private road is well maintained, but when those residents are asked to establish an agreement they are extremely resistant.

While this may work for new subdivisions, this is a huge detriment for pre-existing private roads- especially if this applies to all application types (ADD, SFD)
The preface indicates that Chapter 13 will apply to all developments, not just subdivision. A proposed new dwelling or additional dwelling will be required to dedicate ROW. Is this proportional? Is this supported by statute?
above does not include ROW dediation/easements
The PCD Director has no authority over the floodplain administrator and cannot cause them to prepare reports.
above it says applies regardless of if there is a subdivision. Which is it?
Most rural areas do not include street lighting. EPC prides itself on trying to be pro dark sky. This goes against those policies.
Based on the preface that this applies to all development, does this mean that a legal metes and bounds residential parcel would have to establish easements prior to site plan approval? They will need to extend utilities to the property as part of the development regardless and the utility providers will determine if easements are needed as part of the utility connection. Why add another layer of government review?
What about reimbursements for certain improvements? This is allowed in the Code today. I do not think this precludes it, but a clause may be needed.
This is too broad. There should be certain triggers put in place.
here is recommendations but below is requirements.
CPW has recommended that dead trees remain because birds may nest. This is contrary to wildfire requirements and what EPC likely wants in general. Suggest revising to what is regulatory under CPW authority.
This is very broad. There is "wildlife" on every property. Many have argued sites should not develop because there are birds, deer, groundhogs, etc. It should be those protected environments and species, not just wildlife in general.
What if there is an alternative option, such as construction techniques. Suggesting adding a catch-all allowing the director to approve something else that results in reduction.
Meadowlake Airport calls many things a hazard that are not. Suggest being careful with wording and ref. to referral agencies.
this is too broad. Some agencies provide comments on items that they are not experts in (e.g. HOA groups). Suggest rewording to make it clear that it is comments by experts (e.g. CGS)
The hazards listed below are already discussed elsewhere. Why not remove this section?
Grading is an engineering function. Should this stay in the LDC or just in the ECM? Seems like it would result in more updates if it is in both places.
in reply to nina's comment
This was posted to the wrong place and should have been posted above where older reports may be utilized.
above says sketch plan, preliminary plan, and final plat. What if they provide enough detail with the sketch plan?
prior to a driveway permit? individual dwelling or addition? temporary use permit?
Code Enforcement will be trained to do this? Will additional staff be added? If someone does not comply (no money, abandoned property, etc.), will EPC take them to court?
As stated below, this is from a known standard already in place. Once that is updated, the Code will be updated. The authority for ensuring compliance with these Codes is not EPC.
The Code will be outdated likely before the LDC can be updated. The Fire District already has the final say in building permitting. Why add additional staff time, project delays, costs to development when it is ultimately up to the Fire District no matter what EPC Planning says?
Most urban developments do not meet this requirement. If this section applies to all development and additions, you will be creating MANY nonconformities. Even if it applies to new builds, this will be a huge burden for affordable/attainable housing. this will result in more sprawl.
The Fire Department/Districts and PPRBD have stringent requirements in place that are updated on a regular basis. Do the Commissioners want to add a 3rd layer of regulations, that may contradict the other regulations in place today?
No more patio covers?
Is the goal for Code Enforcement to send violations if they are not maintained? If so, will they be trained to identify noncompliance with wildfire?
Will this apply to new individual dwellings? Will this apply to a small addition to a home?
driveways (other than commercial) are not designed until the building permit stage. The fire authority is already a part of the building permit sign off. The front counter staff completes the site plan review of dwellings concurrent with the building permit process. Do the commissioners really want a home owner to go to the BoCC for a driveway? Do the commissioners really want to hold up a permit when the fire authority already has to sign off as part of the building permit process?
Based on the above, most rural developments will require a driveway 24 feet in width (essentially a road). People who buy large acreage tend to want to have their houses setback from the road. Is the rural community aware of this? Based on the above, pre-existing driveways will have to be upgraded if they add/improve their dwelling.
I am curious what the definition of planned building area is. Is this any new building/development area or is it defined based on number of units/type development?
Some rural lots are accessed by an easement and not a private road (the easement only serves them).

This standard will not work for rural developments.
Suggestion
By including remodels you are putting a road upgrade on one individual property owner (which could be a small dwelling). This may result in neighborhood blight where people are not improving their property because they cannot afford to improve the dwelling and upgrade the road. This seems extremely problematic.

This is also concerning from a legal standpoint. How can the impact of an addition be equivalent to upgrading a road?
suggest making alternative separate section along with when on central services.
There are many instances where the fire authority and BoCC agree an alternative water supply is appropriate. suggest including a specific section regarding alternative.
Suggestion
This is not always possible. Some property is too far away for any district to want/be able to serve. This section of the code sterilizes property from development.
Fire mitigation is an ongoing effort that is never "really" completed. It is not even substantially completed until the building is constructed. The FA would be put up by the developer who usually sells the lots to builders and then has no control over the timing of completion. I realize this is in the Code today, but I am not aware of any instance where it has been utilized. The BoCC can condition approvals anyway they wish regardless of the Code. I suggest removing.
Some fire districts have provided comments in opposition to providing this level of detail. Applicants will be set up for failure in these districts.
Suggestion
The more recent policy has not required the fire protection report to be prepared by a qualified professional.
Suggestion
what if the Fire district will not provide comment or recommendation? The Code cannot force another governmental entity to review or provide comment.
Suggestion
EPCPH standards change. If they do change, the Code is now out of date and must be updated. Has EPC considered just ref to the standards so that when they change there isn't a need to update the Code too? It seems like duplicating the regs of others anywhere in the Code will not work well long-term.
Question
Can an applicant still request a waiver to the BoCC, or can a deviation still be requested?
Question
The Nonconformities chapter (Chapter 22 in Module 1, Chapter 24 in Module 2) remains unwritten and is marked '[To be drafted in Module 3: Administration and Procedures]'.
Without a completed Nonconformities chapter, existing property owners have no way to know:
1. Whether existing operations are grandfathered under these new regulations
2. What happens if structures are damaged and need rebuilding
3. Whether existing operations can be expanded
4. What triggers loss of nonconforming status
I demand the Nonconformities chapter be completed and circulated for public comment BEFORE any adoption of the LDC. Adopting regulations without defining protections for existing uses violates due process and creates unconstitutional uncertainty.
The County cannot expect property owners to comment on regulations when we don't know if we're protected from them.