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HomeMy WebLinkAboutR91-092 amending LUR's to control polluiont caused by wood smokeCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO IN RE THE MATTER. OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, 1982, AS AMENDED, TO PROVIDE FOR THE CONTROL OF POLLUTION CAUSED BY WOOD SMOKE WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "the Board ") is author- ized pursuant to State - enabling legislation including, but not limited to Sections 30 -28 -101, et, seq., C.R.S., to plait for and regulate the use and development of land in the unincor- porated 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, Section 30 -28 -116, C.R.S., and Section 1.16 of the L.U.R., 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, Section 30 -28 -133, C.R.S., and Section 1.16 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, C.R.S. 30 -15 -401 (c) provides that the Board may adopt reasonable regulations for controlling pollution caused by wood smoke; and WHEREAS, the Eagle County Department of Community Develop- ment initiated proposed amendments to Chapter II of the L.U.R. to provide for the control of wood smoke, and referred such proposed amendments to the planning commissions and to the Board for their review and comment; and WHEREAS, after public notice published in the Eagle Valley Enterprise four consecutive times beginning October 3, 1991, the Eagle and Colorado Valley Planning Commission and Roaring Fork Valley Planning Commission held a public hearing on November 6, and November 7, respectively, 1991, to consider comments and to make a recommendation to the Board on the proposed amendments; and WHEREAS, after public notice of a public meeting also duly published in the Eagle Valley Enterprise, the Board held a public hearing on November 12, 1991, to consider comments and the respective Planning Commissions' recommendations on such proposed amendments; the Board tabled the matter to November 25, 1991, in order to further consider the proposed amendments; 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 Department of Community Development and the respective Planning Commissions, 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 i /g'�; , to provide for the control of pollution caused by wood smoke, as described 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 anv violations existing at the time of adoption of this Resolution. THAT, the Director of Communitv 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. -2- THAT, should any section, clause, provision, sentence or word of this Resolution, including 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. 4D AND ADOPTED by the Board of County Commissioners ty of Eagle, State of Colorado, at its regular the day of November, 1991. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ' Ls By: 6 lerk to the Board o ountv Commissioners George V. Gates Chairman 0�i►i�u�. �V�. �. - . - Commissions. (,tJlek seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates _ Commissioner Richard L. Gustafson Commissioner Donald H. Welch {a y This Resolution passed by OA14yo/- drioUS vote of the Board of County Commissioners of the Counter Eagle, State of Colorado. -3- #83 -101