No preview available
HomeMy WebLinkAboutR99-140 amending LUR's II, 3, 3.310.ICommissioner C)42 moved adoption of the following R olution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99- IN THE MATTER OF AMENDING CHAPTER II, ARTICLE 3, SECTION 3.310.2 of the EAGLE COUNTY LAND USE REGULATIONS, NOVEMBER, 1998 FILE NO. LUR -00030 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 sea ., 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 WHEREAS, C.R.S. 30 -28 -116, and Chapter 1.15 and Chapter 2, Section 5 -230 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 1.15 and Chapter 2, Section 5 -230 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on May 3, 1999, the Eagle County Department of Community Development, initiated proposed amendment to Chapter 2 of the L.U.R., in order amend Chapter II, Article 3, Section 3.310.I to provide for a demonstrated community need, such proposed amendment was referred to the Roaring Fork Valley s 11111111111111111111 111111111111111111111111111 l i l l l l l 1 1 710601 09/30/1999 01:08P 370 Sara Fisher of 6 R 0.00 D 0 .00 N 0.00 Eagle CO Regional Planning Commission and the Eagle County Planning Commission for their review and comment; and WHEREAS, Roaring Fork Valley Regional Planning Commission and the Eagle County Planning Commission reviewed the proposed amendment on July 7, 1999 and July 21, 1999 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 amendment on August 2, 1999, in the Board of County Commissioners meeting room, in the Eagle County Building, Eagle, Colorado; 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 Planning Commission and the Eagle County Department of Community Development, 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 amendment to Chapter II, Article 3, Section 3.310.I of the L.U.R., is necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado, finding as follows: 1. Pursuant to Chapter 1, Section 1.15.04 Referrals of the Eagle County Land Use Regulations: (a) The proposed amendment HAS been referred to the appropriate referral agencies for an advisory opinion. (b). The proposed amendment HAS been referred to the City Clerk of all incorporated municipalities for recommendation by the city or town planning commission or city council or town board, or agents designed by them. (c) The proposed amendment HAS been referred to the Division of Planing of the Department of Local Affairs for advice and recommendation. (d) The proposed amendment IS NOT significant amendments to provisions of these Land Use Regulations relating to subdivision matters and therefore HAS NOT been referred to the Land Use Commission for comment K 3. Pursuant to Chapter 1, Section 1.15.05 Public Hearing of the Eagle County Land Use Regulations: Public notice HAS been given pursuant to Section 1.15.05.(1), Section 1.15.05.(2) and Section 1.15.05.(2) of this Chapter. 4. Pursuant to Chapter 2, Section 5- 230.B.2. Text Amendment of the Eagle County Land Use Regulations: (a) The proposed amendment SOLELY AMENDS THE TEXT of the Eagle County Land Use Regulations and DOES NOT amend the Official Zone District Map or any other map incorporated into the Regulations by reference. (b) Precise wording of the proposed change HAS been provided. 5. Pursuant to Chapter 2, Section 5- 230.D. Standards of the Eagle County Land Use Regulations as applicable: (a) The proposed amendment IS consistent with the purposes, goals, policies, and Future Land Use Map of the Eagle County Master Plan. (b) The proposed amendment DOES address a demonstrated community need. (c) The proposed amendment IS in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II, Article 3, Section 3.310.I of the Eagle County Land Use Regulations, is hereby amended, effective AUGUST 9, 1999 and applicable to any 1041 applications to which it pertains which are then pending or thereafter submitted, as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, this amendment of Chapter II, Article 3, Section 3.310.I 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. 3 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 9 day of AUGUST, 1999, nunc pro tunc to the 2 day of AUGUST, 1999. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY 1W ohnn Phi li s hz it m E. Johnson, Commis oner Tom C. Stone, Commissioner Commissioner d ( seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips GtrAA. Commissioner James E. Johnson, Jr. LY�nC Commissioner Tom C. Stone This Resolution passed by 5 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. T. EXHIBIT A To Resolution 99- of the Board of Eagle County Commissioners Section 3.310.I of the Eagle County Land Use Regulations MI Major New Domestic Water or Sewer Systems, Major Extensions of Such Systems and Municipal and Industrial Water Projects. 1. Major new domestic water or sewer systems, major extensions of such systems and municipal and industrial water projects shall comply with the following standards: a. Abstract. The applicant shall submit an abstract of the proposal indicating the scope and need for the facility. b. State Review. Preliminary review and comment on the proposal by the appropriate agency of the Colorado Department of Natural Resources and the Colorado Department of Health shall be provided within sixty (60) days of submission of the application to the County. C. Alternatives. Alternatives to the proposed facility shall be evaluated, including but not limited to alternative locations and the no development alternative. d. Demographic Data. Any demographic data needed to fulfill the requirements of this Section shall be consistent with the data used for the 208 Area wide Waste Treatment Management Planning for Region XII, Colorado. 2. Waiver Provision. The Special Review Use permit application for a major new domestic water or sewer systems, major extension of such systems, and municipal and industrial water projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 5 y A permit application pursuant to Chapters 3, 4, and /or 5 of the Guidelines and Regulations of Areas and Activities of State Interest of the County of Eagle, State of Colorado, 1980, as amended, has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. b. Compliance with the Special Review Use permit requirements would be unreasonably burdensome for the applicant. Such a waiver may be granted upon a determination by the Board of County Commissioners that requiring a Special Review Use permit in addition to the permit(s) required under the Guidelines and Regulations of Areas and Activities of State Interest of the County of Eagle, State of Colorado, 1980, as amended, would serve no further legitimate planning, zoning or other land use objective.