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Home My WebLink AboutR97-090 amending LUR's 2.07.14Commissioner ( ;JZ� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 - _qL.� IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATION, 1982, AS AMENDED Section 2.07.14 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" (hereinafter the "L.U.R."), pursuant to Resolution No. 82 -26, and as subsequently amended; and WHEREAS, on March 18, 1997, pursuant to the provisions of Section 1.04 of the L.U.R., the Board held a hearing to consider the adoption of temporary regulations to explain how contiguous parcels under common ownership may be treated as single parcels (hereinafter "Temporary Regulation "); and WHEREAS, by Resolution No. 97 -24 the Board approved the adoption of the Temporary Regulation and adopted the amendment to section 2.07.14, which provides that all contiguous lands under common ownership outside of County approved subdivisions are treated as merged for the purposes of the Land Use Regulations, all as set forth therein; and WHEREAS, on May 6, 1997, the Board held a hearing to extend the effective date of the Temporary Regulation for a period of six months; and WHEREAS, by Resolution No. 97 -48, the Board approved the extension of the Temporary Regulation for a period of six months, and directed the Director of Community Development to initiate steps to make said Temporary Regulation permanent, all as set forth therein; and 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 Ea Valley Enter 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 Enlgrprise, 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 2.07.14 of the L.U.R. be adopted; and WHEREAS, the Board hereby determines amendment to Section 2.07.14 attached hereto necessary and proper for the protection of safety, welfare and best interest of the Count Colorado. that the proposed as Exhibit "A", is the public health, y of Eagle, State of WHEREAS, it is the Board's opinion that conditions require this action. } t NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Section 2.07.14, 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 Nos. 97 -24 and 97 -48 are null and void and are hereby repealed. THAT, the adoption of this permanent regulation is to codify a policy of the Eagle County Department of Community Development. 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. 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 —J4 L & = day of July, 1997. ATTEST: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS By: d� kohtte Phillips, C airman James E. Johnson, Jr., Commissioner George,A. Gates, Commissioner Commissioner ��j 4 n seconded adoption of the fore- going resolution. The olr 1 having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates This Resolution passed by �� `-- vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Mta \c -dev \fur \merger.per 2107.14 CONTI0tOUS PARCELS r' Any two or more contiguous parcels of land under one ownership constitute a single parcel and cannot be divided into separate ownerships 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 in the Fulford Historical Zone District or a lot which is 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.