HomeMy WebLinkAboutR94-130 amendment to land use regulations final plat hearing�p
Comm'.:- s'_oiier moved adoption
of t:oe fo; lowing R olution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 9__q- /3
IN THE MATTER OF AMENDING THE EAGLE
COUNTY LAND USE REGULATION, 1982, AS AMENDED
TO PROVIDE FOR MODIFICATION TO THE FINAL PLAT HEARING SCHEDULE
BY CREATING A TYPE II REVIEW PROCESS.
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 se q., 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, C.R.S. 30 -28 -116, and Section 1.16 of the L.U.R.,
respectively, provide that, from time to time, the Board may
amend the number, shape, boundaries, or area of any district, or
any regulation of or within such district, or any other
provisions of the County's Zoning Resolution; and
WHEREAS, C.R.S. 30 -28 -133, and Section 1.16 of the L.U.R.,
provide for the adoption and amendment of subdivision regulations
by the Board; and
WHEREAS, on April 20, 1994, the Eagle County Department of
Community Development, initiated proposed amendments to Chapter
II, of the L.U.R., in order to provide for modification to the
Final Plat hearing schedule by creating a Type II review process,
such proposed amendments were referred to the Eagle County
Planning Commission for its review and comment; and
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545546 B -649 P -506 09/08/94 02:32P PG 1 OF b REC DOC
Tara J. Fisher Eagie County Clerk & Recorder 0.00
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WHEREAS, the Eagle & Colorado Valley Planning Commission and
the Roaring Fork Valley Planning Commission reviewed the proposed
amendments on May 18, 1994 and May 19, 1994, respectively, and
certified their comments and recommendations with respect thereto
to the Board; and
WHEREAS, after public notice was given pursuant to law, the
Board held a public hearing to consider comments on such proposed
amendments on May 31, 1994, in the Board of County Commissioners
meeting room, in the Eagle County Building, Eagle, Colorado; and
— Eoi KF:AS 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
Developm' rt, together with the various studies and land use plans
of the County including the Eagle County Master Plan, the Board
hereby determines that the proposed amendments to Chapter II of
the L.U.R., are 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, Chapter II of the Eagle County Land Use Regulations,
is hereby amended, effective May 31, 1994, as set forth in
Exhibit A attached hereto and incorporated herein by this
reference.
THAT, this amendment of Chapter II of the L.U.R. shall not
constitute nor be construed as a waiver of any violations
existing at the time of adoption of this Resolution.
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 Exhibit, 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.
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,
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, Sta e of Colorado, at its regular meeting
held the 6V4--� day of nunc
pro tunc to the 31st day of May, 1994.
COUNTY OF EAGLE, STATE OF COLORADO
G By and Through Its BOARD OF COUNTY
ATTEST: ���., COMMISSIONERS
By: By ?ohnnette 4i�o c Board of Phillips, C1iairman
County Commissioners
Commissioner
adoption of the fo
called, the vote was as follows:
Commissioner Johnnette Phillips
Commissioner George A. Gates'
Commissioner James E. Johnson, Jr.
This Resolution passed by c? — 0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
By: A eZK.e—
George . Gates, Commissioner
EXHIBIT A .
2.25 SUBMITTAL L... ES, REVIEW PROCEDURES AND FEES
2.25.01 PRGCZDURER AND GENERAL REQUIREMENTS
1) For each ap ?lication heard by the Planning Commission,
the Planning Commission shall forward one of the
following recommendations to the Board of County
Commissioners or they may table an application for a
maximum of 45 days to receive additional, information.
With t2+E consent of'the Planning Commission, an
applicant may request and receive a continuance for a
per;cd of up-to 6 months:
r "cve the application as subm.ttcc or with
Uercain conditions as stated;
h; LE,ty the application with all xeasc..s> clazarly
2) k - ar eactf application heard by the Eoard of County
'an.liis9inners or the Zoning Board of Adjustment, the
T_-__td small take action within a 45 ca3 period from the
Whpletion of the Public Meeting. The Board may also
table an application for a maximum of 45 days to
receive additional information or with the Board's
cvnsant, an applicant may request and receive a
continuance for a period of up to 6 zuonths. If final
action is taken, it shall consist of one of the
following:
a) Approve the application as submitted-or with
certain conditions as stated;
h) Deny the application with all reasons clearly
stated.
3) A Public Hearing shall be required for the following
types of applications:
a) Zone District Amendment;
b) Special. Use;
C) P.U.D. District;
d) Zoning Variance.
When a Public Hearing is required, one public notice
shall be placed in a newspaper of general circulation
in the County at least 10 days prior to the Planning
Commission meeting and at least 30 days prior to the
Board of County Commissioners' or Zoning Board of
Adjustment's meeting stating the nature of the proposed
change, use, or variance and the date, time, and place
of the hearing. Said notice shall set the date of both
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the Planing Commission and County Commissioner's or
Zoning Board of Adjustment's hearing with the
requirement that a new public notice be published at
least 15 days prior. to the Board of County
Commissioners' or the Zoning Board of Adjustments's
meeting in the event that an application is tabled by
the Planning Commission.
4) Notice of the date and time of the hearing of the
Planning Commission for the following types of
applications shall be sent tr% tbE subdivider, the.
owners of subsurface mineral interests in the proposed
land to be subdivided and t;izix lessees, if any, the
record owners of land contiguorns•to the subdivision and
any other party which bas requested ir writing to be
notified of such proceedings,, et least five (5) days
prior to the date set fox sr,.,! ,hearings:
a) Zone District Amendment;
b) Special Use;
C) P.U.D. District;
d) Zoning.Variance;
e) Subdivision, Sketch;
f) Subdivision, Preliminary.
2.25 '.02 TYPES OF APPLICATIONS (am. 11/9/93)
1) Type I: Camper Park;
Mobile Home Park;
P.U.D. District;
Special Use;..
Subdivision, Sketch;
Subdivision, Preliminary;
' s ubdivision, pinair
Zone District Amendment.
2) ...... �YPe _� ,Bstbdxvis�nm, ifinal
3) Type III: Zoning Variance.
4) Type IV: Minor Subdivision
Amended Final Plat
Temporary Housing
Exemption (am. 11/9/93)
7,5. 03 NEARING SCHE
APPLICATION ACCEPTED
AS COMPLETE
1) Type I Applications
A. lst working day
of month
B. 15th of month
3)
4)
A. 1st working day
of month
B. 15th of month.
Type IV Applications
(am. 11/9/93)
HEARINGS
Planning
Commission
Hoard of County
Commissioner
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
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 Tuesday
following Planning
Commission Meeting
2r.d 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.
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Type III Applications Planning Zoning Board
Commission of Adiustment
