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Home My WebLink AboutR20-034 Extension of Temporary Moratorium on the Filing of Applications for Land Use Development DocuSign Envelope ID:60F88821-4FCC-4876-A166-D4FFD4A9ED6B Scherr Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO 034 RESOLUTION NO. 2020 AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM ON THE FILING OF ALL APPLICATIONS FOR LAND USE DEVELOPMENT PERMITS AND ON THE SCHEDULING OF ANY PUBLIC HEARINGS OR WORKSESSIONS THROUGH MAY 31,2020 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 10, 2020, the Governor of Colorado declared a State of Emergency related to the presence of COVID-19 in the State; and WHEREAS, on March 13, 2020, Eagle County Public Health& Environment("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, on March 17, 2020, the Board of County Commissioners(the"Board") held a public hearing, and based on evidence and testimony received, adopted Eagle County Resolution 2020-024, implementing a temporary moratorium on the filing and processing of land use development permit applications and on the scheduling of public hearings and work sessions for a period of forty-four(44) days, ending at 11:59 p.m. on April 30, 2020 (the "Temporary Moratorium"); and Page 1 of 4 DocuSign Envelope ID:60F88821-4FCC-4876-A166-D4FFD4A9ED6B WHEREAS, on March 18, 2020, Eagle County Public Health issued a revised Public Health Order, restricting the number of people in an event or gathering to less than 10, and specifying which businesses are closed, limited or excluded by the Order; and WHEREAS, on March 26, 2020, in response to COVID-19,the Governor issued a state- wide stay-in-place order, requiring all residents to remain in their homes; and WHEREAS, on April 6, 2020,Eagle County Public Health issued a revised Public Health Order, extending the timeframe of the initial Public Health Order through April 30, 2020, and, among other things, outlining the list of critical businesses allowed to operate and social distancing requirements, and clarified restrictions associated with some recreational activities; and WHEREAS, on April 16, 2020, Eagle County requested approval for exemptions from some portions of the state's COVID-19 public health orders. The exemptions would provide Eagle County Public Health limited flexibility to start implementing plans that could slowly and incrementally reopen portions of the community in an approach that still aims to prevent a resurgence of the virus. The Governor approved the requested exemptions on April 23, 2020; and WHEREAS,the Temporary Moratorium ends on April 30, 2020, and the County desires to continue to take necessary precautions to reduce the spread of COVID-19 during the period of partial relief from Colorado stay-at-home orders. Therefore,the County has determined it is necessary to extend the temporary moratorium on the scheduling of public hearings or work sessions and on the filing and processing of land use development permit applications for an additional 31-day period,through May 31, 2020, in order to both avoid additional community spread of COVID-19 and to evaluate the operations of the County and monitor the spread of the virus; and WHEREAS,the Board of County Commissioners("Board")held a public hearing on April 28,2020,and based on evidence and testimony received,hereby determines that a 31-day extension through May 31, 2020, of the 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 April 30, 2020 at 11:59 p.m.: (1) For a period of 31 days, ending at 11:59 p.m. on May 31, 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 Page 2 of 4 DocuSign Envelope ID:60F88821-4FCC-4876-A166-D4FFD4A9ED6B 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 31 days, ending at 11:59 p.m. on May 31, 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 31 days, ending at 11:59 p.m. on May 31, 2020, no public hearings or work sessions shall take place before the Board, planning commissions or any other County authority, commission, committee or board. (4) The extension 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. 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 28th day of April, 2020. Page 3 of 4 DocuSign Envelope ID:60F88821-4FCC-4876-A166-D4FFD4A9ED6B COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD (OF EAGL > OF COUNTY COMMISSIONERS ATTEST: yQ DocuSigned by: ,—DocuSigned by: By: .t&.a. 1-'f nun, 1 By: 6 u1 auumatx-RuArti Regina O9 BriefiD62F246896440 Q�QR�� - Kathiy ,l ffd °i enry, Chair Clerk to the Board of County Commissioners /--DocuSlgnedby: �,/I ",'. 1 By: jt,aunan�, hix"""" '—CA4AC128F8AA47A... Jeanne McQueeney, Commissioner e—DocuSigned by: By: AitAtt S.gu v 1E7B2D7 Eg473... Matt Scnerr, Lommissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Kathy Chandler-Henry Aye Commissioner Jeanne McQueeney Aye Commissioner Matt Scherr Aye This Resolution passed by 3/0 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 4 of 4