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HomeMy WebLinkAboutR96-074 adoption of temporary LUR's for extension of sketch plan approvalsCommissioner ~L~/~D/j moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96 - ~y A RESOLUTION AUTHORIZING THE ADOPTION OF TEMPORARY LAND USE REGULATIONS TO PROVIDE FOR THE EXTENSION OF SKETCH PLAN APPROVALS WHEREAS, the Eagle County Board of County Commissioners (hereinafter "Board") is authorized pursuant to Section 1.04 of the Eagle County Land Use Regulations, may promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to exceed thirty days; and WHEREAS, the Board here desires to amend Sections 2.06.13 and 2.17.03 of the Land Use Regulations, to provide for the extension of a sketch plan approval; and WHEREAS, the amendment to section 2.06.13 is attached hereto as Exhibit "A", incorporated herein by this reference; and WHEREAS, the amendment to section 2.17.03 is attached hereto as Exhibit "B", incorporated herein by this reference; and WHEREAS, the District Court of Eagle County, State of Colorado has found that the current Eagle County Land Use Regulations do not provide for the extension(s) of a sketch plan approval; and WHEREAS, while the Board is appealing that District Court decision the Board finds it is necessary to amend the Land Use Regulations to allow for such extension(s). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE nF COLORADO: THAT, pursuant to the authority grar:~.,:d them by law and Section 1.04, the Board of County Commissioners temporarily amends Sections 2.06.13 and 2.17.03 as set forth in the attached Exhibits "A" and "B". THAT, the Director of the Department of Community Development is directed to cause to be published a 15 day public notice of hearings to discuss this matter and to allow the Board to extend the effective date of these temporary regulations for a period not to exceed six months. THAT, the Director of the Department of Community Development is directed to initiate such action as may be necessary to make a permanent amendment (non-temporary) to Sections 2.06.13 and 2.17.03 to allow for extensions of sketch plan approval. AND BE IT FURTHER RESOLVED that the provisions of these ~mporary regulations are effective immediately and shall apply to diiy valid sketch plan which has requested an extension but which has not yet been granted or denied by this Board. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents 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 /~~U day o.f. June, 1996. fig, .~-~ +'r '~'i `"'~{~.Y~~' : "~~ COUNTY OF EAGLE STATE OF Sda ~ '" ~ '` ~ f i ~`' ` ~,~; ~' COLORADO , By and Through I t s ATTEST: ~~~~-~"'~" ~ BOARD OF COUNTY COMMISSIONERS ~ By: Jerk to the Board of George Gates, Chairman County Commissioners Johnnette Phillips, Commissioner mes E. Jo on, ., Commissione Commissioner ~~~ seconded adoption of the forego~~~g resolution. he roll having been called, the vote was as follows: Commissioner Gates Commissioner Phillips Commissioner Johnson This Resolution passed by ~.ClL.''kJ6'1C-r~o ~ote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta\r\sktchplan.tem no file 2.06.13 PUD- PLANNED UNIT DEVELOPMENT DISTRICT 5) Sketch Plan Review Add: c) Expiration. The approval of the Sketch Plan for PUD by the Board of County Commissioners shall be null and void unless a Preliminary Plan for PUD is approved by the Board of County Commissioners within two (2) years after the date of approval of the Sketch Plan for PUD. Such time period will not be extended with transfer of ownership. Upon written request, one (1) extension of time may be granted by the Board of County Commissioners for a period not to exceed two (2) years for goad cause shown. No request for an extension shall be considered unless written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Sketch Plan for PUD is to expire. The Plan shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the time limits established in this Section shall render the Sketch Plan for PUD null and void. EXHiw. A 2.17.03 ADDITIONAL REQUIREMENTS Replace existing language with: Expiration. The approval of the Sketch Plan by the Board of County Commissioners shall be null and void unless a Preliminary Plan is approved by the Board of County Commissioners within two (2) years after the date of approval of the Sketch Plan. Such time period will not be extended with transfer of ownership. Upon written request, one (1) extension of time may be granted by the Board of County Commissioners for a period not to exceed two (2) years far good cause shown. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Sketch Plan is to expire. The Plan shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Sketch Plan null and void. r\pud ERHIBIi B