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Home My WebLink AboutR81-17 Readopting and Amending the Subdivision Regulations (ZESOI_I IT I Ofl ~f~ THE GOARD OF COUNTY COf•U-1ISSICflERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0. /~ A RESOLUTION READOPTI~JG AND AMENDIfdG THE SUBDIVISIOfd P,EGULATIOfdS OF THE COUPITY OF EAGLE, STATE OF COLORADO, 1972, AS Af-1ENDED. !~JHEREAS, Sections 30-23-110, 30-23-133 and 30-23-137, respectively, C.R.S. 1973, as amended, provide for the adoption and amendment of all sub- division plans and plats and the adoption and amendment of regulations governing such p?ans and plats by the Board of County Commissioners; and !•JHEREAS , on 4th day of March, 19 81 the Eagl e County P1 anni ng Commission did consider amendments to the Subdivision Regulations of the County of Eagle, Colorado, 1972, as amended, as set forth in Exhibit "A", attached hereto and incorporated herein by this reference; and 4JHEREAS, on the 13tYt1ay of April 19 81 a public hearing was held before tl~e Board of County Commissioners, County of Eagle, State of Colorado, to consider the adoption of the amendments set forth in Exhibit "A"; and tiIHEREAS, notice stating the time and place of the public hearing was duly given by one publication in a newspaper of general circulation in the County of Eagle at least thirty days prior to said public hearing; and 1"1FiEREAS, the Board of County Commissioners has determined that such amendments to the Subdivision Regulations are necessary and designed for the purpose of promoting the I~ealth, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle by establishing minimum standards for the design and development of subdivisions. NO!•! THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Subdivision Reguiations of tl~e County of Eagle, Colorado, 1972, as amended. is hereby amended as set forth in Exhibit "A". • ~ ]• i~t, L.'1;? `"1L11'C'.'_ ~' i.~l~' .J~C~I'J1S1i 11 -,~?~:U~ 1`,rn~ i~~ ':t~'_ ~:,;lfl~•, Or Ld~]le, CO~U''~~0, }~'i-, .l`.i al"„'nc1Cd, ,l lid ,~> 1`•'t'''^i'1 ,li~~E?n~yP'l, l~ Icnt^nr,~ t-nad~ntnd_ TH;T, this ar"erldmont and reador,ric~n or the `;u:~division Regulations of the County of Eagle, Colorado, ?97~, ,is ar,ended, shall not constitute or be CorlstrUed a5 a ';lalVer Of any V101atlOnS Cxl;ting alt the tliile Of ad0[)L10n of this Resolution. THAI , an•~ subdivider, or agent of a subdivider, G•rho transfers or sells or agreES to sell or offers to sell any subdivided land before a final plat for such subdivision land has been approved by the Board of County Comm- issioners and recorded or filed in the office of the County Clerk and Recorder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each parcel or interest in subdivided land which is sold or offered for sale. THAI, the Board of County Cori.missioners has the power to bring an action to enjoin any subdivider from selling, agreeing to sell, or offering to sell subdivided land before a final plat for such subdivided land has been approved by the Board of County Commissioners. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached exhibit, be declared by a court of the corpetent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a ~vhole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County. THAT, the provisions of this Resolution shall be deemed in full force and effect on the 13th day of April lg 81 MOVED READ AND UNA(JI(~10USLY ADOPTED by the board of County Commissioners, County of Eagle, Colorado, at its regular meeting field this 13th day of April , 19 81 ATTEST: Jerk of the Boa of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS B Y : ~ ~a Dale F\ Grant, Chan man LI ~ Vic,. /n 1//li Dan Williams, Commissioner ~~ ~~ Keith Troxel, Comm'ssioner i. r AMENDMENT TO THE SUBDIVISION REGULATIONS Adopted 13 April 1981 Page # Section # 21 4.02.01.(m) School Land Dedication or Cash in Lieu Thereof. Pursuant to ~ 30-28-133 (4) (a), C.R.S. 1973, as amended, the subdivider of land in each residential subdivision or portion of a subdivision which is intended for residential use, shall allocate and convey sites and land areas for schools when such are reasonably necessary to serve the proposed subdivision and the future residents thereof, by the application of formulas set forth below: Single Family and Duplex Number of Units X .014495 Multi-Family Number of Units X .002676 Mobile Home Number of Units X .022300 = Dedication Requirement in Acres = Dedication Requirement in Acres = Dedication Requirement in Acres When land is dedicated for the purpose of providing a school site, it shall be that which is useable by the respective School District for such purpose, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to Dedication that such school site is not reasonably necessary the Board may, at the request of the School District, sell such land. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the full market value of such sites and land areas for schools. ~. ., Full market value shall mean the current market value of unimproved land. This value shall be set annually by the Board of County Commissioners on an acre basis with recommendations from the School District. The same value per acre shall be used throughout the County. If a subdivider does not agree with the value per acre, such subdivider can submit a report by a qualified appraiser, who is a member of the M.A.I., which establishes a new value. The Board of County Commissioners shall review such report and determine if said value is reasonable. Based upon their review, the Board will determine the value of such land. When money in lieu of land is required or when moneys have been paid to the Board from the sale of such dedicated sites for schools, it shall be held by the Board for the acquisition of reasonably necessary sites for the construction of school facilities or employee housing, for the purchase of housing units for the School District employee housing, or for the development of said sites. If housing units are purchased, a deed restriction restricting their use to School District employee housing shall be required and ownership shall remain in the name of the School District. Said subdivision school dedication shall apply only once to the same land area. Dedications shall not be required of resubdivisions of the same land when a dedication has previously been made.