HomeMy WebLinkAboutR97-092 amending LUR's 2.25.03Commissioner oa& 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 2.25.03 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 11 L.U.R. 11 ), pursuant to Resolution No. 82 -26, and as subsequently amended; and WHEREAS, on June 3, 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 for scheduling of Board consideration of Planning Files (hereinafter "Temporary Regulation "); and WHEREAS, by Resolution No. 97 -67 the Board approved the adoption of the Temporary Regulation and adopted the amendment to section 2.25.03, all as set forth therein; and WHEREAS, on July 1, 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- , 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 Eagle Valley Enterprise 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 2.25.03 of the L.U.R. be adopted; and WHEREAS, the Board hereby determines amendment to Section 2.25.03 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, of Eagle, State of r' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Section 2.25.03 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 -67 and 97 -_ 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. 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 day of July, 1997. ATTEST: —J14-a Clerk to th Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS By: A illips, ohnnet hairman James E. Johnson, Jr., Commissioner George A. Gates, Commissioner Commissioner seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Commissioner Commissioner Phillips Johnson Gates This Resolution passed by C9 - D vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Mta \c -dev \fur \meetday.per QN 2.25.03 HEARING SCHEDULE APPLICATION ACCEPTED AS COMPLETE 1) 2) 3) A. 1st working day of month B. 15th of month A. 1st working day of month B. 15th of month M- E A 9 F N •• • (am. 5/31/94), (am. 10/31/95) HEARINGS 3rd Wednesday or the Thursday following the 3rd Wednesday of the subsequent month 1st Wednesday or the Thursday following the 1st Wednesday of the second month Planning Commi sign 1st Wednesday or the Thursday following the 1st Wednesday of the subsequent month 1st Wednesday or the Thursday following the 1st Wednesday of the second month 2nd Monday or Tuesday following Planning Commission Meeting 2nd Monday or Tuesday following Planning Commission Meeting `. 2nd Wednesday of subsequent month 2nd Wednesday of second month Shall be presented to the Board of County Commissioners after review by the appropriate agencies. ON