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HomeMy WebLinkAboutR96-104 adoption of temporary LUR's to provide extension of Sketch Plan approvalst ~° ~./ S'~- Commissioner moved ~s~?,c~~tiox~ of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96 - 10 ~ 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, on June 18, 1996, by Eagle County Resolution No. 96- 74 the Board approved such temporary regulations to provide for the extension of sketch plan approvals (hereinafter "Temporary Regulations", all as set forth therein; and WHEREAS, in accordance with Section 1.04, on July 9, 1996 the Director of the Eagle County Department of Community Development held a hearing before the Board 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; and WHEREAS, notice of the date, time and location and purpose of said hearing was duly published in the Eagle Valley Enterprise, a newspaper of general circulation, on June 20, 1996, pursuant to Section 1.04 of the Eagle County Land Use Regulations; and 5y7177 13-701 Y-1£39 07/;i0/y6 OG : U7r YG 1 Dr' 5 k~;c llDc Sara J. Wisher Bale County Clerk ~ kecorder U.00 ~' H N~ WHEREAS, after considering all the evidence and testimony before it, the Board hereby finds that the Temporary Regulations to provide for the extension of sketch plan approvals shall be extended for six months to expire on December 18, 1996; 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 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 CONIl~IISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, pursuant to the authority granted them by law and Section 1.04 of the Eagle County Land Use Regulations, 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" for a period of six months, said six months shall expire on December 18, 1996. ~ ~a ~l THAT, the Director of the Department of Community Development N' 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 Cry to allow for extensions of sketch plan approval. AND BE IT FURTHER RESOLVED that the provisions of these temporary regulations are effective immediately and shall apply to any 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. 597177 13-701 ~-133 07/30j96 02:07Y YG L Ub' 5 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ / ~ day of July, 1996, nuns pro tunc July 9, 1996. ,~~~ ~ ~~,~'`'~,~. , ~~ COUNTY OF EAGLE, STATE OF $ "~ ~ ~*6~ ~ ~ ~-~ "~ COLORADO , By and Through I t s <~ s ~.t~ ~f~` ~~ . ~ ATTEST: .,~"'~~, "~""~ „ BOARD OF COUNTY COMMISSIONERS Clerk to the 'Board of County Commissioners By: Georg Gates, Chairman seconded ado tion of the Commissioner ,Q s~ P foregoing resolution. The roll having been called, the vote was as follows : ~~ ~' Commissioner Gates ~ Commissioner Phillips ~ ~ Commissioner Johnson This Resolution passed by ~~ '"~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta\r\sktchplan.six no file 5971'77 13-7u1 !'-1~iy u7/~u/yb Oz:U7P YG 3 Ub' S hnnette Phillips, Commissioner ' 2.06.13 Add: pUD- PLANNED UNIT DEVELOPMENT DISTRICT 5) 5y7177 13-7U1 EXHIBIT Sketch Plan Review 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 good 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. ~----~ N Y-lfiy U7/30/3b UL:071' i'G 4 Ur' 5 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 for 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 !~,.~' 597177 ~-`lU1 F-1139 u7/30/9b UZ : U7Y YG 5 U~' 5 EX IBIT