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HomeMy WebLinkAboutR09-019 Public use of CR-21 Bellyache Road TEAK 200906505 Pgs: 2 02:35: 10PM 04/10/2009 REC: $0.00 DOC: $ Commissioner moved adoption of the foil ing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO J RESOLUTION NO. 2009 -D 9 = ",A °ity IN THE MATTER OF PUBLIC USE OF CR -21 BELLYACHE ROAD FILE NO. PR -1471: BELLYACHE ROAD 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 of 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, Bellyache Road, CR -21 is a public right -of -way controlled by Eagle County; and WHEREAS, the Board of County Commissioners of Eagle have the authority to control use and access upon rights -of -way controlled by Eagle County; and WHEREAS, the Board finds and determines that the amendments to the use and access of CR -21 are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the Comprehensive Land Use Plan; 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, and comments from all interested parties and stakeholders, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Bellyache Road CR -21 be closed to motorized vehicles from December 1 st through April 30 of each year to reduce erosion and grading/repair costs, as well as user safety during the winter. Over -snow vehicles will be allowed during this time, as well as utility vehicle /emergency access. Flexibility to the closure dates will be allowed as determined by Eagle County Road and Bridge if dry road conditions warrant late closures /early openings; THAT, an over -snow vehicle shall be defined as a vehicle no wider than 60" designed for use over snow that runs on a track or tracks and/or skis; THAT, Eagle County will work with stakeholders using the area for development of educational signage, improvement of the road near the base for dust/mud/erosion abatement, and enforcement of Page 1 of 2 existing laws to maintain existing uses of the area in a responsible manner to allow for peaceful enjoyment of adjacent properties; THAT, public notice was given and numerous stakeholders and citizens participated in this public hearing process; 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 24`h day of March, 2009, nunc pro tunc to the 9"' day of December, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Thr,jts BOARD OF COUNTY COMMISSIONERS ATTEST: BY: Teak J. Simonton Clerk to the Board of County Commissioners ~~,~~ B B BY: Jon Stavney, Commissioner Commissioner ~~seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon __ Commissioner Sara J. Fisher Commissioner Jon Stavney C" This Resolution passed by ~` ~ vote of the Board of County Commissioner of the County of Eagle; State of Colorado.. Page 2 of 2