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Home My WebLink AboutR07-054 Land Use Regulations Amendment Commissioner 2t-tlA./,. J~I moved adoption of the followi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 -0 Z-:;Z! IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS; GENERAL AMENDMENT AFFECTING CHAPTERS I, II AND III FILE NO. LUR-0071 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 seq., to plan for and regulate the use and development ofland 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 Eagle County Land Use Regulations need periodic amendments to clarify language; add new definitions and/or information; and updates which correspond with Colorado State Statutes; and WHEREAS, several departments contributed to this amendment including the Attorney's Office (proposing the amendments to Chapter I; Chapter 2: Article 7 and Chapter 3); and the Community Development, Engineering, and Environmental Health Departments (proposing the amendments to Chapter 2: Articles 2, 3, 4 and 5). More specifically, the amendments affect the following sections: · Chapter 1 Section 1.14: Enforcement; Chapter 2: Article 7-130 Notification to Correct Violation; 7-140 Other Remedies; and Chapter 3: Building Resolution, Section 3.16 Penalty. These amendments are necessary in order to update the Regulations to reflect current State Statutes pertaining to code enforcement practices and fines; · Chapter 2: Article 2; necessary in order to add new definitions to this section. The new definitions are related to the proposed amendments in the other Articles; · Chapter 2: Article 3; necessary in order to add new uses to Tables 3-300 Residential Use Schedule and 3-320 Commercial Use Schedule; and to modify Table 3-340 Notes; · Chapter 2: Article 4; necessary in order to clarify/update the text in Sections 4-660 Excavation and Grading Standards; and 4-665 Erosion Control Standards; · Chapter 2: Article 5; necessary in order to clarify existing text found in Sections 5- 210.Provisions of General Applicability; 5-210.0.2 Minimum Contents of Application; and 5- 210.0.3 Determination of Completeness; · Chapter 2: Appendix A; necessary in order to reorganize and update the certificates as found in this section. Page 1 of 4 WHEREAS, the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use are awarded in such a manner that will promote and protect the convenience, order, .prosperity and welfare of present and future inhabitants and visitors of Eagle County; and WHEREAS, notice and/or a referral of this amendment was provided to all proper agencies and departments as required by the Eagle County Land Use Regulations, in addition to persons or agencies who may be affected by these changes; and WHEREAS, at its public hearing(s) held April 4th, 2007 the Eagle County Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and WHEREAS, at its public hearing(s) held April 5th, 2007 the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval, of the proposed amendment; and WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter ''the Board") of the County of Eagle, State of Colorado, on May 1 S\ 2007 to consider this amendment and based upon its findings, has approved, the proposed amendment; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commissions, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. Pursuant to Chapter 2, Section 5-230.B.2., Text Amendment, of the Eagle County Land Use Regulations: a. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals. the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs; b. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given; c. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5- 230.B.2 Text Amendment: (1) The proposed amendments AMEND ONLY THE TEXT of Chapter II, Article 4, Section 4-450 Ridgeline Protection and Chapter II, Article 2: Definitions of the Eagle County Land Use Regulations and DO NOT amend the Official Zone District Map. (2) Precise wording of the proposed changes HAS been provided (please see attached) 2. Pursuant to Chapter 2, Section 5-230.D., Standards, of the Eagle County Land Use Regulations as applicable: a. Consistency with Comprehensive Plan. The proposed amendment IS consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the applicable comprehensive/master plans. Page 2 of 4 b. Compatible with Surrounding Uses. The issue of compatibility IS NOT applicable to this proposed amendment. c. Public Benefit. The proposal DOES address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive land. e. Change of Circumstances. The proposal DOES address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. f. Adequate Infrastructure. There are no "properties" subject to this proposal; the result ofthis amendment WILL NOT result in the need for new infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter I; Chapter II: Articles 2, 3, 4,5, 7 and Appendix A; and Chapter III of the Eagle County Land Use Regulations, is hereby amended, effective (thirty) 30 days from the approval of this Resolution to read as set forth in 'Exhibit A' attached hereto and incorporated herein by this reference. THAT, this amendment of the Eagle County Land Use Regulations shall not constitute nor be construed as a waiver of any violations existing at the time of adoption ofthis Resolution. 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, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Eagle County Land Use Regulations shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. 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 ,2007, nunc pro tuncto the 1st day of May, 2007. Page 3 of 4 ATTEST: BY:~d/(e)\:;. Teak J. Simonton Clerk to the Board of County Commissioners Commissioner -IA?Iu2/f seconded adoption ofthe foregoing resolution. The roll having been called, the vote was as follows: Commissioner Arn M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon CetY ~?; This Resolution passed by ;::7;(1 County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page 4 of 4