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HomeMy WebLinkAboutR97-089 amendment LUR's 2.05.22Commissioner ( /Yi) moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 - IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATION, 1982, AS AMENDED Section 2.05.22 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, et 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 11 (hereinafter the "L.U.R."), pursuant to Resolution No. 82 -26, and as subsequently amended; and WHEREAS, on June 17, 1997, pursuant to the provisions of Section 1.04 of the L.U.R.,the Board held a hearing to consider the adoption of a temporary regulation due to the Board's intent to establish Regional Planning Commissions within Eagle County, pursuant to the provisions of §30- 28 -10, C.R.S.(hereinafter "Temporary Regulation "), and WHEREAS, by Resolution No. 97 -79, the Board approved the adoption of the Temporary Regulation and adopted the amendment to section 2.05.22 of the L.U.R. and directed the Director of Community Development to initate steps to make said Temporary Regulation permanent, all as set forth therein; and 3 y WHEREAS, in accordance with Section 1.15.04(1) of the L.U.R. the Temporary Regulation was sent out to referral agencies, as well as to the Planning Commission for their review and comment on adoption of the Temporary Regulation as permanent; and WHEREAS, after public notice in the Ejg e Valley Entgrprise, the Eagle County Planning Commission held a public hearing on July 2, 1997 to consider comments and to make a recommendation to the Board on adopting the Temporary Regulation as permanent; and WHEREAS, after public notice in the Eagle Valley Enterprise the Board held a public hearing on July 14, 1997, to consider making the Temporary Regulation permanent, pursuant to the provisions of C.R.S. 30 -28 -133, and Section 1.15 of the L.U.R.; and WHEREAS, having reviewed all of the evidence, testimony, statements and exhibits submitted at the public hearing, as well as the comments and recommendations of the Eagle County Planning Commission and the Eagle County Department of Community Development, the Board finds that the Temporary Regulation should hereby be revoked and that a permanent amendment to section 2.05.22 of the L.U.R. be adopted; and WHEREAS, the Board hereby determines that the proposed amendment to Section 2.05.22 attached hereto as Exhibit "A ", is necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Section 2.05.22, of the Eagle County Land Use Regulations, as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby amended, effective as of the date of this resolution. THAT, the provisions of Resolution No. 97 -79 are null and void and are hereby repealed. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. 3 THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibits, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole 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 public health, safety, and welfare of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the IqU day of July, 1997. ATTEST: Clerk to th Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSION airman By: ohnnette Phi lips, C n ',, James E. Johnson, Jr., Commissioner George,//A. Gates, Commissioner Commissioner �/�, p�� seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates p This Resolution passed by ' -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Mta \c -dev \fur \pcdef.per COMMISSION Commission means the Eagle County Planning Commission, of Eagle, Colorado. 1) PLANNING COMMISSION: As used in these Land Use Regulations, this term refers to either the Eagle County Planning Commission, a Regional Planning Commission, or both (all) depending on the context in which the term appears in these Regulations. (See also definition of Eagle County Planning Commission and Regional Planning Commission.) 2) REGIONAL PLANNING COMMISSION: Regional Planning Commission refers to a Commission established by the Eagle County Board of County Commissioners, and any municipality within the borders of Eagle County, or any adjoining County, pursuant to the provisions of §30- 28- 105(1), C.R.S. Responsibilities of a Regional Planning Commission include adoption of any community plans and review and recommendation on applicable land use applications within its boundaries to the Board of County Commissioners, review and recommendation to the Eagle County Planning Commission about the county -wide master plan and proposed or amended land use regulations, and such other duties as more fully set forth in the Eagle County Resolutions and Intergovernmental Agreements which establish such Commissions. 2) EAGLE COUNTY PLANNING COMMISSION: Eagle County Planning Commission refers to the Countywide Planning Commission established under the provisions of 30- 28- 103(1), C.R.S. Responsibilities of the Eagle County Planning Commission include adoption of the county -wide master plan, review and recommendation to the Board of County Commissioners on applicable land use applications and adoption of community plans for areas within unincorporated Eagle County that are not within the boundaries of a Regional Planning Commission, and review of proposed or amended land use regulations. EXHIBIT