HomeMy WebLinkAboutR20-024 Temporary Moratorium on Filing Applications for Land Use Development - During the Month of April 2020 CommissionerIM@.( V 1AL gAil owed adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO OLORADO
RESOLUTION NO. 2020 -1
AUTHORIZING THE ADOPTION OF A TEMPORARY MORATORIUM ON THE
FILING OF ALL APPLICATIONS FOR LAND USE DEVELOPMENT PERMITS AND
ON THE SCHEDULING OF ANY PUBLIC HEARINGS OR WORKSESSIONS DURING
THE MONTH OF ARPIL 2020
WHEREAS, Eagle County, Colorado (the"County") is a political subdivision of the
State of Colorado (the "State"), duly organized and existing pursuant to the laws and the
Constitution of the State; and
WHEREAS,the Local Government Land Use Enabling Act, 29-20-101, et seq., C.R.S.
("Land Use Act"), and the County Planning Code, 30-28-101 et seq., C.R.S. ("Planning Code")
expressly delegate paramount authority to counties to implement land use planning and zoning
on unincorporated territory within their boundaries; and
WHEREAS, on March 6, 2020, Eagle County declared a Local Disaster Emergency
related to COVID-19. On March 10, 2020,the Governor of Colorado declared a State of
Emergency related to the presence of COVID-19 in the State. The Colorado Department of
Public Health and Environment has confirmed that COVID-19 continues to spread through the
State of Colorado, and community transmission of the illness has been confirmed in Eagle
County; and
WHEREAS, on March 13, 2020,Eagle County Public Health issued a Public Health
Order, setting forth guidance and requirements for, as well as a prohibition on, events of more
than 50 people to slow the spread of the COVID-19 virus (the"Public Health Order"); and
WHEREAS, due to the spread of the COVID-19 virus and the potential impact on Eagle
County Community Development Department staff and its ability to process new applications for
land use development permits,the County has determined that a moratorium on the filing and
processing of applications for new land use development permits is necessary; and
WHEREAS,although some public hearings may not attract 50 people or more,the
County has determined that additional precautions are necessary to reduce the spread of COVID-
19; accordingly,regardless of the number of participants, no public hearings or work sessions
shall be held during the remainder of the month of March or in the month of April 2020; and
Page 1 of 4
WHEREAS,the County finds it essential to protect and preserve the public, health,
safety and welfare of the County and its citizenry, and that it is in the County's best interest,
consistent with the Land Use Act and the County Planning Code, and the Public Health Order to
impose a temporary moratorium on the filing and processing of land use development permit
applications and on the scheduling of public hearings and work sessions; and
WHEREAS,the Board of County Commissioners("Board")held a public hearing on March
17, 2020, and based on the evidence and testimony received, and comments from all interested
parties,the Board hereby determines that a temporary moratorium on the filing and processing of
land use development permit applications and on the scheduling of public hearings and work
sessions is necessary and proper for the protection of the health,safety,welfare and best interests 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, from and after the adoption date of this Resolution:
(1) For a period of forty-four(44) days, ending at 11:59 p.m. on April 30, 2020, no
application for any land use development permit for any property located in unincorporated Eagle
County shall be filed, accepted, or processed by Eagle County. For purposes of this Resolution,
"land use development permit" shall include, but not be limited to, the following: any application
for a sketch or preliminary plan for subdivision; Minor A or Minor B subdivision; Subdivision
Exemption; sketch or preliminary plan for planned unit development("PUD"); PUD
Amendment; 1041 permit review; special use permit; rezoning; final plat; amended final plat;
requests for variances from the ECLUR; requests for Finding of No Significant Impact; requests
for limited review; and requests for exceptions to the Eagle County Comprehensive Plan.
(2) For a period of forty-four(44) days, ending at 11:59 p.m. on April 30, 2020, no
application for a land use development permit received prior to the adoption date of this
Resolution shall be scheduled for any public hearing.
(3) For a period of forty-four(44) days, ending at 11:59 p.m. on April 30, 2020, no
public hearings or work sess ons shall take place before the Board,planning commissions or any
other County authority, commission, committee or board.
(4) The imposition of this moratorium is not intended to otherwise affect the review
and processing of any application for a land use development permit that has undergone a
completeness check by the Eagle County Community Development Department as of March 16,
2020, subject to staff capacity and availability.
Page 2 of 4
THAT,public hearings and work sessions shall not be scheduled with.applicants or
noticed for hearing until the Board determines that the additional precautions described herein
are no longer necessary.
THAT, it is not the purpose of this Resolution to deny building permits for uses that are
permitted by-right and which otherwise comply with all applicable codes,regulations and
policies of the County.
THAT,the imposition of this moratorium is not intended to affect the regular or special
meetings of the Board.
THAT,the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 17th day of March,2020.
COUNTY OF EAGLE, STATE OF
COLORADO,By and Through Its BOARD
OF COUNTY COMMISSIONERS
ATTEST:
By: Pa• Vjk, By: S kir
Regina O'Brien Kathy Chandler-Henry, Chair
Clerk to the Board of
County Commissioners ilt
By: 11110
e nne McQueene ,'ommissioner
By: _ I 9
Matt :.414'", ommissioner
Page 3 of 4
Commissioner 5ex-t.ts-. seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Kathy Chandler-Henry %V-4-1 I
Commissioner Jeanne McQueeney 1414 6
Commissioner Matt Scherr
This Resolution passed by / vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 4 of 4