3201.01:   Purpose and Intent

Summit County has established policies (referred to herein as "Rezoning Policies") that apply whenever a rezoning is proposed in the unincorporated area of the County. These Rezoning Policies are intended to ensure that land with development constraints is avoided in accordance with the policies contained herein, and that development contemplates and is designed in a manner consistent with the terrain and natural features of the site and is compatible with existing development in the vicinity. The Rezoning Policies are also intended to ensure that:

1.

there is adequate infrastructure to accommodate a proposed rezoning;

2.

a project site can accommodate the necessary improvements; and,

3.

the available infrastructure and services, in combination with the natural features and location of the site, are sufficient to mitigate wildfire, flooding, and geological hazards to the maximum extent feasible.

3201.02:   Application of Rezoning Policies

The Rezoning Policies in Section 3202 et seq. shall be applied by the Review Authority to all rezoning applications. Notwithstanding the foregoing, if an applicant is seeking a Planned Unit Development ("PUD") modification, and the Review Authority finds that 1) the PUD was previously evaluated per the Rezoning Policies, and that there have not been any substantial changes to such policies, and 2) the proposed PUD modification is not changing the intensity of use for a development parcel or the PUD as a whole or changing the development plan of the adopted PUD, then the Rezoning Policies shall not apply, except that the policies identified under Section 3202.05, Wildfire Hazard Areas, shall apply to all rezoning applications unless waived by the Planning Director based on such factors as slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP), or if such application is to rezone a property to the Open Space zone district as described in Section 3301.18.

3202.01:   Site Characteristics

In determining appropriate densities for a particular property, the Review Authority will take into account: 1) the property's physical characteristics; 2) the location of the property relative to available infrastructure, including but not limited to roads, water, wastewater and other utility services, police protection and fire protection; 3) the degree and intensity of development in the vicinity; 4) the character of the surrounding neighborhood; and 5) applicable master plan and TDR policies (e.g. preserving backcountry areas, preserving land with development constraints such as wildfire, flooding, and geological hazards, or protecting water quality). A proposed zoning amendment will ensure that the proposed land uses, density and overall development plan will be consistent with such standards to the satisfaction of the Review Authority.

3202.02:   Development Constraints

A.

General Provisions:

1.

It is the BOCC's intent to obtain the best possible harmony between the physical characteristics of a site and the type and intensity of development proposed for the site. Accordingly, land having development constraints shall be reasonably avoided, and if development of such land cannot be reasonably avoided, it may be allowed by the County only if the impacts to land with development constraints are justified based on the implementation of a master plan policy, and the impacts to land with development constraints are mitigated to the satisfaction of the BOCC (Potential development constraints are described below).

2.

If it can be demonstrated that areas with development constraints were previously graded and/or disturbed and do not exist in a natural state, then the BOCC may allow disturbance of such areas for development, provided the applicable provisions of this Code are met (e.g. Wetland and Floodplain Regulations) and such impacts are mitigated to the satisfaction of the BOCC. Figure 3-1 contains elaboration on the basis for the County's concerns regarding development constraints.

3.

Notwithstanding the foregoing, isolated areas or pockets of naturally occurring land with development constraints, determined to provide limited functional preservation value, may also be used for development provided the applicable provisions of this Code are met (e.g. Wetland and Floodplain Regulations) and such impacts are mitigated to the satisfaction of the BOCC.

B.

Identification of Development Constraints: An applicant requesting a zoning amendment that may impact land with development constraints shall provide a surveyed existing conditions plan depicting all of the following constraints, unless the Planning Department waives mapping such environmental constraints:

1.

Slopes of greater than 30 percent (%).

2.

Areas subject to geologic hazards including avalanches, landslides, rock falls, mud flows, unstable slopes or soils, seismic effects, ground subsidence or radioactivity.

3.

Any regulatory floodway or flood fringe area as depicted on the County's Floodplain Overlay District Maps.

4.

Tundra as defined by Chapter 15.

5.

Wetlands as defined by Chapter 15.

6.

Areas where development has the potential to cause a significant adverse impact on wildlife habitat or wildlife species as defined in Section 4204.05.

7.

Areas subject to wildfire hazards due to slope, aspect, vegetation, and/or availability of fire protection infrastructure (e.g. access, firefighting water supply).

The applicant shall provide an estimate of acreage contained in each of these areas, considered subject to development constraints and outside of the areas listed above.

C.

Treatment of Development Constraints: If avoiding lands with development constraints is not reasonably possible, applicants proposing a zoning amendment that would impact land with development constraints shall provide an analysis of how 1) it is impractical to avoid land with development constraints; and 2) the proposed development plan meets the general provisions contained in Section 3202.02.A. An applicant proposing development on land with development constraints shall propose mitigation measures to reduce hazards or make development on such lands more compatible with the physical conditions on the property. Figure 3-1 contains a list of potential mitigation measures for the different types of development constraints. This list is not all-inclusive. An applicant may propose other methods of mitigation. Proposed mitigation measures shall be included in the applicant's zoning amendment submittal.

3202.03:   Natural Features

To the extent reasonable, the arrangement of land uses shall preserve or complement the natural features of the site, such as but not limited to wetlands, streams, slopes 30% or greater and significant trees.

3202.04:   On Site Accommodation of Necessary Requirements

A zoning amendment proposal shall provide for the required parking, landscaping, open space, snow storage, drainage and all other land use requirements as provided for in this Code. Such uses shall not be placed off-site in order to make more land available for development.

3202.05:   Wildfire Hazard Areas

In determining appropriate densities and/or uses for a particular property, the Review Authority shall take into account: 1) the wildfire hazard potential based on such factors as slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP); 2) the potential impact to the public health, safety and welfare; 3) wildfire mitigation measures as required and/or allowed by the County; and 4) the proximity of the proposed development site to existing fire stations and the corresponding response zone and its inclusion in a designated fire protection district. Development projects seeking a rezoning shall ensure that wildfire hazard areas do not pose an undue risk to the public health, safety and welfare. As a part of a rezoning application, the following is required however the County may waive these requirements if deemed unnecessary by the Review Authority:

A.

The submittal of a forest management plan, fuels reduction plan, or defensible space plan that includes proposed mitigation for any wildfire hazard area shall be reviewed by the Colorado State Forest Service ("CSFS") as well as the US Forest Service, and local fire protection districts as deemed appropriate pursuant to the Review and Referral process per Section 12000.06 unless such a rezoning application involves rezoning a property to the Open Space zone district per Section 3301.18. A forest management plan is typically required for properties of 20 acres or more with significant wildlife values. A fuels reduction plan or defensible space plan is typically required for properties less than 20 acres. When a required Fuels Reduction Plan also meets the requirements of a defensible space plan, only the more comprehensive shall be required. At a minimum, all such plans shall include the following unless deemed unnecessary by the Review Authority:

1.

A purpose statement.

2.

Maps showing property boundaries, existing and proposed roads, existing and proposed building envelopes, defensible space zones, and prescription areas.

3.

An inventory of current fuels. Except when active silviculture activities are a part of a forest management plan, this may be a qualitative statement rather than a quantitative assessment.

4.

The location of subdivision wide shaded fuel or fire breaks.

5.

Identification of overhead power lines and prescriptions for removing hazardous trees in close proximity.

6.

Provision of approved secondary fire apparatus access and emergency water supply (e.g. fire hydrants; cisterns).

7.

Methods and timetables for controlling, changing, or modifying areas on the property. Elements of the plan shall include removal of slash, snags, other ground fuels, ladder fuels and dead trees, and the thinning of live trees.

8.

A plan for maintaining proposed fuel reduction measures.

B.

Inclusion in a fire protection district or other arrangements for fire protection as evidenced by a Can and Will Serve letter or its equivalent from the appropriate fire protection district except for rezonings that would not result in an increase in density or intensity or use or to Open Space District as described in Section 3301.18.

C.

Other measures as deemed necessary to reduce the wildfire hazard including consideration of the goals and policies set forth in the CWPP.