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Home My WebLink AboutR00-128 Interpreting definiton of valid development application - citizen management of growthCommissioner don moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000- /off k INTERPRETING DEFINITION OF VALID DEVELOPMENT APPLICATION L � W WHEREAS, a proposed amendment to the Constitution of the State of Colorado entitled, "Citizen Management of Growth" (the "Amendment ") is likely to be placed on the 2000 General to Cn �w go m w Election Ballot; and rm � m WHEREAS, if the Amendment is placed on the 2000 General Election Ballot and passed � T z by the voters, the County will be required by the Amendment to delineate those areas of land that � m m have been committed to development ( "Committed Areas") not later than December 31, 2001, or m within one year of being subject to this Article; and a WHEREAS, the County is in the best position to understand and interpret its own rules - 6 an` regulations regarding development and identify the extent of its Committed Areas; and WHEREAS, the Board of County Commissioners is charged in taking such actions as it . M ° deems desirable and necessary to implement the Eagle County Land Use Regulations ( "ECLUR ") Section 5- 100(16); and WHEREAS, one of the criterion set forth in the proposed Amendment for identification of Committed Areas and for determination of lands outside Committed Areas that may be developed with County approval is whether a "Valid Development Application," as defined in the Amendment, has been submitted to the local government as of the date on which the 2000 General Election Ballot is certified by the Colorado Secretary of State (the "Ballot Date "); and WHEREAS, the County desires to manage a short-term surge in full development applications which is likely to occur in anticipation of possible passage of the Amendment; and nlr\r \growth.initiative 2 Drafted 8/31/2000 0 11 C) WHEREAS, the County has determined that it is appropriate to identify what constitutes a Valid Development Application for purposes of the Amendment, and for purposes of allowing the County to designate its Committed Areas if the Amendment is placed on the 2000 General Election Ballot and passed by the voters. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. Any of the following shall be considered by the County to constitute a Valid Development Application under the Amendment: a. Any application for a development permit that has been submitted to the County and deemed complete pursuant to ECLUR on or before the Ballot Date, or which has been approved, which approval has not expired, prior to the Ballot Date, including, without limitation- i. Subdivision and PUD Sketch Plans and ii. All manner of project- specific rezonings including conventional zones and PUD (Planned Unit Development) zones iii. Subdivision and PUD Preliminary Plans iv Subdivision and PUD Final Plats, Minor Subdivisions, and Amended Plats V. Subdivision, Easement and Road Vacations vi. Subdivision Exemption Plats vii. Special Use Permits viii. Variances of Use and Dimensional (Board of Adjustment) Variances ix. Limited Review Use Approvals X. All other applications related to land development and which might be reasonably construed to fall within the continuum described above nlr\r \growth.initiative 2 Drafted 8/31/2000 2 I b. Any additional, more specific application as described in La. above which is subsequently submitted and which logically flows from and is consistent with those plans. 2. The designation of an application for development as a Valid Development Application pursuant to this Resolution shall not obligate the County to approve development of the property described in such application, except as may otherwise be set forth in the ECLUR and other pertinent regulations. 3. A development permit application filed before the Ballot Date but which is determined pursuant to ECLUR to be incomplete is not a valid development permit application 4. No vested rights to use or develop a property are expressed or implied in its designation as within a "Committed Area" or by virtue of meeting the above definition of Valid Development Application. 5. The status of an application as a Valid Development Application shall not be affected by any amendment to the application or subsequent applications for additional development approvals related to the proposal that is the subject of the Valid Development Application. 6. The Board of County Commissioners hereby provides notice that, at some future time, the ' County may desire to or be required to amend its determination of what constitutes a Valid Development Application. 7. This interpretation of the Board does not in any way lessen the requirement for compliance with the provisions of the Eagle County Land Use Regulations. MOVED, READ AND ADOPTED by the Board of County Commissioners of the unty of Eagle, State of Colorado, at its regular meeting held the , day of 000. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: f . „ BOARD OF COUNTY COMMISSIONERS Mows% y: lerk to the B d of Tom . Stone County Commissioners Chairman n1rV \growth.initiative 2 Drafted 8/31/2000 3 Michael L. Gallagher P sioner e Phillips Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows; Commissioner Tom C. Stone f �►.[ Commissioner Michael L. Gallagher lt�e Commissioner Johnnette Phillips This Resolution passed by L3 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.