HomeMy WebLinkAboutR97-024 amending LUR's for merger of contiguous parcelsCommissioner moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 -'Z)/,/_
IN THE MATTER OF AMENDING THE EAGLE
COUNTY LAND USE REGULATION, 1982, AS AMENDED
TO
ADOPT A REGULATION FOR MERGER OF CONTIGUOUS PARCELS
UNDER COMMON OWNERSHIP
WHEREAS, the Board of County Commissioners of Eagle, State of
Colorado (hereinafter the "Board ") , is authorized, pursuant to
State enabling legislation including, but not limited to,
C.R.S. 30 -28 -101, at sea., to plan for and regulate the use and
development to land in the unincorporated territory of the County
of Eagle, State of Colorado, for the purpose of promoting the
health, safety, convenience, order, prosperity, and welfare of the
present and future inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such zoning and subdivision
regulations, which land use regulations have been incorporated into
one comprehensive document entitled "Eagle County Land Use
Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No.
82 -26, and as subsequently amended; and
WHEREAS, pursuant to the provisions of Section 1.04 of the
L.U.R., the Board may promulgate, by resolution at a public
meeting, regulations of a temporary nature to be effective for a
limited time period not to exceed thirty days; and
WHEREAS, the Board desires to adopt a temporary regulation to
codify the policy of the Eagle County Department of Community
Development that unplatted contiguous parcels under common
ownership are considered merged and consequently treated as one
parcel,(hereinafter referred to as "Merger Regulation "); and
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Commissioner moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 -'Z)/,/_
IN THE MATTER OF AMENDING THE EAGLE
COUNTY LAND USE REGULATION, 1982, AS AMENDED
TO
ADOPT A REGULATION FOR MERGER OF CONTIGUOUS PARCELS
UNDER COMMON OWNERSHIP
WHEREAS, the Board of County Commissioners of Eagle, State of
Colorado (hereinafter the "Board ") , is authorized, pursuant to
State enabling legislation including, but not limited to,
C.R.S. 30 -28 -101, at sea., to plan for and regulate the use and
development to land in the unincorporated territory of the County
of Eagle, State of Colorado, for the purpose of promoting the
health, safety, convenience, order, prosperity, and welfare of the
present and future inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such zoning and subdivision
regulations, which land use regulations have been incorporated into
one comprehensive document entitled "Eagle County Land Use
Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No.
82 -26, and as subsequently amended; and
WHEREAS, pursuant to the provisions of Section 1.04 of the
L.U.R., the Board may promulgate, by resolution at a public
meeting, regulations of a temporary nature to be effective for a
limited time period not to exceed thirty days; and
WHEREAS, the Board desires to adopt a temporary regulation to
codify the policy of the Eagle County Department of Community
Development that unplatted contiguous parcels under common
ownership are considered merged and consequently treated as one
parcel,(hereinafter referred to as "Merger Regulation "); and
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WHEREAS, it is the Board's opinion that conditions require
this action; and
WHEREAS, a copy of the proposed Merger Regulation is attached
hereto, marked as Exhibit A, and incorporated herein by this
reference; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, pursuant to the authority granted to them by law and
Section 1.04 of the L.U.R., the Board of County Commissioners
temporarily amends the L.U.R. to include the Merger Regulation.
THAT, the adoption of this regulation is to codify a policy of
the Eagle County Department of Community Development and in no way
diminishes the effects of this policy.
THAT, Section 2.07.14, of the L.U.R., as set forth in Exhibit
"A ", attached hereto and incorporated herein by this reference, is
hereby added, effective as of the date of this resolution.
THAT, the Director of Community Development is directed to be
caused to be published a 15 day public notice of hearings to
discuss this matter and to allow the Board to extend the effective
date of this temporary regulation for period not to exceed six
months.
THAT, the Director of Community Development is directed to
initiate such action as may be necessary to make a permanent
amendment to Section 2.07.14 of the L.U.R.
AND BE IT FURTHER RESOLVED that the provisions of this
temporary regulation are effective immediately.
THAT, this Resolution is necessary for the public health,
safety, and welfare of the County of Eagle, State of Colorado.
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MOVED, READ AND ADOPTED by the Board of County Commissioners
of the CountyJ�1f Eagle, State of Colorado, at its regular meeting
held the _,dday of `��� , 1997.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through Its BOARD OF COUNTY
ATTEST: COMMISSIONERS
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By:
Clerk to the Board of ohnnette Phillips,
County Commissioners Chairman
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George//A. Gates,
Commissioner
Commissioner seconded adoption of the fore-
going resolution. The roll having been called, the vote was as
follows:
Commissioner Phillips
Commissioner Johnson
Commissioner Gates
This Resolution passed by /G"/"LGjl/fZG� vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
mta \r \merger.tem
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Section 2.07.14 Merger of Contiguous Parcels
Merger means that any lot or parcel is inseparably a part of another lot or parcel and
cannot be severed from it or separated out into a new lot, parcel or subdivision without
the prior approval of Eagle County as prescribed in these Regulations.
In the event that two (2) or more contiguous lots or parcels of land, previously separately
conveyed or described, shall come under single ownership, regardless of diverse times
of acquisition by the single owner and whether or not the property was acquired before
adoption of this regulation, the division of such land into two (2) or more lots, tracts, sites,
parcels, separate interests, interests in common, or other division, even if divided along
the line(s) of a previously described or conveyed lot(s) or parcel(s), shall constitute a
subdivision of land. Nothing herein shall be deemed to apply to a lot shown on any
recorded subdivision plat if such subdivision has been approved and signed by the Board
of County Commissioners.
No portion of such a lot or parcel shall be used or sold which does not meet the
development standards set forth in these Regulations, nor shall any division of the lot or
parcel be made which leaves remaining any lot or parcel which does not meet the
development standards prescribed in these Regulations.
"Single ownership" shall refer to the fee owner(s) of the lots or parcels in question, and
shall mean ownership by the same person. In considering the issue of single ownership,
consideration will be based upon the available facts whether any transfer of ownership or
execution of contract was not bona fide but was done for the purposes of evading the
combination requirements of this section.
The adoption of this regulation is not intended to make legal any previous illegal
subdivision of land, but is to give expression to the merger doctrine heretofore enforced
in Eagle County as implicit in the regulations and in Colorado law.
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EXHIBIT A
