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HomeMy WebLinkAboutR04-057 Land Use Regulations Updating Building Resolution II II 1111 1111 111 III I II 879110 1 /n L • Page: 1 of 4 06/02/2004 03:07P Teak J Simonton Eagle, CO a 0 R 0.00 D 0.00 Commiss j kk /P ,, xA moved adoption of the following Resolution: BOARD OF COUN'T'Y COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004- 65 RESOLUTION APPROVING THE AMENDMENT AND RESTATEMENT OF RESOLUTION NO. 2003-165 IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO INCORPORATE LANGUAGE PERTAINING TO UPDATING EAGLE COUNTY BUILDNG RESOLUTION LUR -0046 WHEREAS, on December 9, 2003, a resolution (Resolution No. 2003 -165), In the Matter of Amending the Eagle County Land Use Regulations, to Incorporate Language Pertaining to Updating Eagle County Building Resolution LUR -0046 was previously adopted by the Board of County Commissioners (hereinafter referred to as the "Board "), County of Eagle, State of Colorado; and WHEREAS, Pursuant to Section 30 -28 -204, Colorado Revised Statutes, the Board of County Commissioners, from time to time, by resolution may alter and amend any county building code after a public hearing. However, the area covered by a building code cannot be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions to the Eagle County and Roaring Fork Planning Commission; and WHEREAS, this procedure was followed, however, what was presented to the Eagle County Planning Commission, the Roaring Fork Planning Commission and finally the Board for Adoption was printed incorrectly in Resolution No. 2003 -165, Table 7, Mechanical Permit Fees and Table 8, Plumbing Permit Fees. At both Planning Commission hearings and the Board meeting, the Eagle County Building Department staff represented that the permit fees were proposed to be increased approximately 10% - 15 %. Mechanical and Plumbing Fees would change from a fixture based schedule to valuation based fees similar to the Building and Electrical fees. Notwithstanding, Table 7 and 8, as adopted by the Board reflects that the total valuation shall be the actual value of work or calculated at a minimum %2% of the building valuation whichever is greater; and WHEREAS, Table 7 and Table 8 was a scrivener's error and the Eagle County Building Department would like to correct the error amending and restating Resolution No. 2003 -165; and WHEREAS, Table 7, Mechanical Permit Fees and Table 8, Plumbing Permit Fees shall be amended to show a change from a fixture based schedule to valuation based fees similar to the Building and Electrical fees; and WHEREAS, amending and restating Resolution 2003-165 is necessary for the public health, safety and welfare of the citizens of Eagle County, State of Colorado; and WHEREAS, this Amended and Restated Resolution is intended to, and shall, supersede and replace in its entirety Resolution 2003-165; and WHEREAS, the Board of County Commissioners of Eagle, State of Colorado, is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30-28-01, 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, pursuant to such authority, the Board has adopted zoning, subdivision, and building regulations, which regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "E.C.L.U.R."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-116, and Section 5-230 of the E.C.L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, 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 5-230 of the E.C.L.U.R., in order to incorporate revisions pertaining to Eagle County Building Resolution. Such proposed amendments were referred to both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission for their review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on November 19, 2003 and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on November 20, 2003 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 public hearings to consider comments on such proposed amendments on December 9, 2003 in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, based on the evidence, testimony, exhibits for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, 2 comments of public officials and agencies, recommendation of the Planning Commission and comments from all interested parties, the Board hereby determines that the proposed amendments to Chapter Three of the E.C.L.U.R., are necessary and proper for the protection of the public health, safety, welfare and best interest of the inhabitants 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, the proposed amendments have been referred to the appropriate municipalities and agencies for their advisory opinions; the appropriate hearings have been conducted after proper notice; and there has been compliance with all applicable standards for amendment contained within the E.C.L.U.R. THAT, Chapter III of the Eagle County Land Use Regulations are hereby amended, effective Thursday, January 1, 2004. THAT, the amendment of Chapter III of the E.C.L.U.R. shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. 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 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 citizenry 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 June, 2004. A Clerk to the Bo. Commissioners r, ~ `„ ~ ~:) ~ ! .t ~ '~:~ /!~! ~~yyo F4a4V~~Y of County Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote as follows: Commissioner Stone Commissioner Gallagher Commissioner Menconi This Resolution passed by ~ 3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\WM\Reso amendment and restatement of buildng resolution.DOC 4 COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY