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HomeMy WebLinkAboutR01-030 amending LUR's issuing grading permits prior to final platCommissioner moved adoption of the follow g 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, 1982, AS AMENDED SECTION 1 -140C3 WITH RESPECT TO ISSUING GRADING PERMITS PRIOR TO THE FINAL PLAT WHEREAS, the Board of County Commissioners of the County 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 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. 98 -147, and as subsequently amended; and WHEREAS, the Board is authorized pursuant to Section 5 -2600 of the L.U.R., to promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to exceed thirty days; and WHEREAS, on January 16, 2001, pursuant to the provisions of Section 5 -2600 of the L.U.R., the Board held a hearing to consider the adoption of temporary regulations to explain why grading permits may be issued prior to the fmal plat where the work is located on land acquired by Public Law 103 -255 (hereinafter "Temporary Regulation "); and WHEREAS, by Resolution No. 2001 -016 the Board approved the Temporary Regulation amending the L.U.R. to include Section 1- 1400, which provides 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, the Board desires to extend the effectiveness of this Temporary Regulation for a period of six months; and 750551 Page: 1 of 4 02/27/2001 09:49A Sara Fisher Eagle Cty, CO 370 R 0.00 D 0.00 Commissioner moved adoption of the follow g 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, 1982, AS AMENDED SECTION 1 -140C3 WITH RESPECT TO ISSUING GRADING PERMITS PRIOR TO THE FINAL PLAT WHEREAS, the Board of County Commissioners of the County 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 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. 98 -147, and as subsequently amended; and WHEREAS, the Board is authorized pursuant to Section 5 -2600 of the L.U.R., to promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to exceed thirty days; and WHEREAS, on January 16, 2001, pursuant to the provisions of Section 5 -2600 of the L.U.R., the Board held a hearing to consider the adoption of temporary regulations to explain why grading permits may be issued prior to the fmal plat where the work is located on land acquired by Public Law 103 -255 (hereinafter "Temporary Regulation "); and WHEREAS, by Resolution No. 2001 -016 the Board approved the Temporary Regulation amending the L.U.R. to include Section 1- 1400, which provides 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, the Board desires to extend the effectiveness of this Temporary Regulation for a period of six months; and � C WHEREAS, notice of the date, time and location and purpose of the hearing to extend the Temporary Regulation for a period of six months was duly published in the Eagle Valley Enterprise, a newspaper of general circulation, on February 1, 2001, pursuant to Section 5 -2600 of the L.U.R.; and WHEREAS, it is the Board's opinion that conditions require this action. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Temporary Regulation is amended, effective February 20, 2001, as set forth in Exhibit A attached hereto and incorporated herein. . 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. by extending the effect of the Temporary Regulation for a period of six months, said six months to expire on August 19, 2001. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents 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 &M;day of February, 2001. County Commissioner ("k nirmnn Commissioner Ain . Menconi C I/ C Commissioner r seconded adoption of the foregoing resolution. The roll having been called, e vote was as follows: Commissioner Stone Commissioner Gallagher Commissioner Menconi This Resolution passed by c3 "C vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:Uackie\Reso \C -Dev \Temp LUR.wpd m C' Section 1 -140 Applicability Amending §1- 1.40.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. EXIHBIT A