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HomeMy WebLinkAboutR01-016 amending LUR's issuing grading permits prior to final plat.141 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001- IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER 1998, AS AMENDED TO t ADOPT A TEMPORARY REGULATION AMENDING SECTION 1 -1400 WITH RESPECT TO ISSUING GRADING PERMITS PRIOR TO THE FINAL PLAT 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 sec,., 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, pursuant to the provisions of Section 5 -2600 of the L.U.R., the Board may promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited time period not to exceed thirty days; and WHEREAS, the Board desires to adopt a temporary regulation to codify the policy of the Eagle County Department of Community Development that grading permits may be issued prior to the final plat where the work is located on land acquired by Public Law 103 -255; and WHEREAS, it is the Board's opinion that conditions require this action; and WHEREAS, a copy of the proposed temporary amended regulation is attached hereto, marked as Exhibit A, and incorporated herein by this reference; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, pursuant to the authority granted to them by law and Section 5 -2600 of the L.U.R., the Board of County Commissioners temporarily amends the L.U.R. to include 1- 1400. 11111 M 11111MI 1X1 11MIIIIN Page: ,am 9e'.m Sara Fisher Eagle County, R 0.00 D r THAT, the adoption of this regulation is to codify a policy of the Eagle County Department of Community Development and in no way diminishes the effects of this policy. THAT, Section 1 -1400 of the L.U.R., as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby added, effective as of the date of this resolution. THAT, the Director of Community Development is directed to be caused to be published a 15 day public notice of hearings to discuss this matter and to allow the Board to extend the effective date of this temporary regulation for period not to exceed six months. THAT, the Director of Community Development is directed to initiate such action as may be necessary to make a permanent amendment to Section 1 -140 of the L.U.R. AND BE IT FURTHER RESOLVED that the provisions of this temporary regulation are effective immediately. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. Commissioner Commissioner r seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stone Commissioner Gallagher Commissioner Menconi This Resolution passed by C 3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. A Section 1 -140 Applicability Amending ยง1- 140.C.3 as follows: 3. Approvals and permits for building construction, grading and infrastructure development shall be issued only as part of or after final plat approval. (a) Not withstanding the above, grading permits may be issued prior to the final plat where the work is located on land acquired by Public Law 103 -255. EXHIBIT A