HomeMy WebLinkAboutR96-126 amendming LUR's to provide for extension of sketch plan approvals
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``}}~, Commnissioner moved adoptioa of
~l the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96-
IN THE MATTER OF AMENDING THE EAGLE
COUNTY LAND USE REGULATION, 1982, AS AMENDED
TO
PROVIDE FOR THE EXTENSION OF
SKETCH PLAN APPROVALS
`~ WHEREAS, the Board of County Commissioners of Eagle, State of
' ) Colorado (hereinafter the "Board"), is authorized, pursuant to
State enabling legislation including, but not limited to,
C.R.S. 30-28-101, g~ secr., to plan for and regulate the use and
development to land in the unincorporated territory of the County
of Eagle, State of Colorado, for the purpose of promoting the
health, safety, convenience, order, prosperity, and welfare of the
present and future inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such zoning and subdivision
regulations, which land use regulations have been incorporated into
one comprehensive document entitled "Eagle County Land Use
Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No.
82-26, and as subsequently amended; and
WHEREAS, on June 18, 1996, pursuant to the provisions of
Section 1.04 of the L.U.R.,the Board held a hearing to consider the
adoption of temporary regulations to provide for the extension of
sketch plan approvals (hereinafter "Temporary Regulations"), and
WHEREAS, by Resolution No. 96-74, the Board approved the
adoption of the Temporary Regulations and adopted the amendments to
sections 2.06.13 and 2.17.03 of the L.U.R., which provide for one
extension to Subdivision and PUD sketch plan approvals, said
extensions are to be for a period of two years, all as set forth
therein; and
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602475 B-706 P-492 09/26/1996 03:17P PG 1 OF 6 REC DOC NOT
Sara J. Fisher Eagle County Clerk & Recorder 0.00
WHEREAS, on July 29, 1996 the Board held a hearing to extend
the effective date of the Temporary Regulations for a period of six
months; and
WHEREAS, by Resolution No. 96-104, the Board approved the
extension of the Temporary regulations for a period of six months,
said six months to expire on December 18, 1996; and
WHEREAS, on August 27, 1996, and again on September 3, 1996,
the Board held a public hearing to consider making the Temporary
Regulations permanent, pursuant to the provisions of C.R.S. 30-28-
133, and Section 1.16 of the L.U.R.; and
WHEREAS, evidence was presented at these public hearings that
it would be unduly burdensome to the development community
to allow for only one extension of a sketch plan approval; and
WHEREAS, having. reviewed all of the evidence, testimony,
statements and exhibits submitted at the public hearing, as well as
the comments and recommendations of the Eagle County Planning
Commission and the Eagle County Department of Community
Development, the Board finds that the temporary regulations should
hereby be revoked and that permanent amendments to sections 2.06.13
and 2.17.03 of the L.U.R. be adopted, such amendments to provide
that extension for a sketch plan approval shall be granted for good
cause show and that each extension shall not exceed two (2) years;
and
WHEREAS, the Board hereby determines that the proposed
amendments to Sections 2.06.13 and 2.17.03 attached hereto as
Exhibit "A", are necessary and proper for the protection of the
public health, safety, welfare and best interest of the County of
Eagle, State of Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO1~IIrtISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: ~ E1
~_
TEAT, Sections 2.06.13 and 2.17.03, of the Eagle County Land v
Use Regulations, as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference, are hereby amended,
effective as of the date of this resolution 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.
602475 B-706 P-492 09/26/1996 03:17P PG 2 OF 6
- TEAT, the provisions of Resolution Nos. 96-74 and 96-104 are
null and void and are hereby repealed.
TEAT, any sketch plan whose approval was extended under the
provisions of either Resolution Nos. 96-74 and 96-104 is valid and
any further extension shall be governed by the permanent
regulations hereby adopted.
TEAT, the Director of Community Development is hereby directed
to transmit a true and correct copy of the Eagle County Subdivision
Regulations, as amended, to the Colorado Land Use Commission.
TEAT, should any section, clause, provision, sentence or word
of this Resolution, including the attached Exhibits, be declared by
a Court of~ competent jurisdiction to be invalid, such decision
shall not affect the validity of this Resolution as a whole or any
parts thereof, other than the part so declared to be invalid. For
this purpose, this Resolution is declared to be severable.
TEAT, this Resolution is necessary for the public health,
safety, and welfare of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the Count of Eagle, Stet of Colorado, at its regular meeting
held the (~ day of ~ , t-'im0~~~ 1996 .
d ~
ATTEST : ~ , ~~
a
'n/ ^ ~ 1
BY : ~ ~tJ~u ~.~
~/
Sara J. Fisher
Clerk of the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and Through Its BOARD OF COUNTY
CODM~lI SS IONERS
a
BY: ~
George Gates, Chairman
C•2
Gh
E1
....
._
602475 B-706 P-49`L 09/'L6/1996 03:17P PG 3 OF 6
hnnette Phillips, Commissioner
Commissioner ~
adoption of the foregoing
the vote was as follows:
ution.
seconded
The roll having been called,
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr. ~P~
This Resolution passed by a - ~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
mta\r\sketch.per
no file
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602475 B-706 P-492 09/26/1996 03:17P PG 4 OF 6
2.06.13 PUD -PLANNED UNIT DEVELOPMENT DISTRICT
5) 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 Boazd of County
Commissioners within two (2) yeazs 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, extensions of
tone may be granted by the Boazd of County Commissioners for
good cause shown. Each extension shall not exceed two (2) yeazs.
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 for PUD is to
expire. The Plan shall be deemed extended until the Boazd 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 for
PUD null and void.
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602475 B-746 P-492 09/26/1996 03:17P PG 5 OF 6
EXHIBIT
2.17.03 ADDITIONAL REQUIREMENTS
Expiration. The approval of the Sketch Plan by the Boadd 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, extensions of time may be granted by the
Boadd of Caunty Commissioners for good cause shown. Each extension shall not
exceed two (2) yeazs. 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) calendaz 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.
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602475 B-706 P-492 09/26/1996 03:17P PG 6 OF 6
EXHIBIT
Commissioner Nh~,~~ moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96-
IN THE MATTER OF AMENDING THE EAGLE
COUNTY LAND USE REGULATION, 1982, AS AMENDED
TO
PROVIDE FOR THE EXTENSION OF
SKETCH PLAN APPROVALS
WHEREAS, the Board of County Commissioners of Eagle, State of
Colorado (hereinafter the "Board"), is authorized, pursuant to
State enabling legislation including, but not limited to,
C.R.S. 30-28-101, ~ seer., to plan for and regulate the use and
development to land in the unincorporated territory of the County
of Eagle, State of Colorado, for the purpose of promoting the
health, safety, convenience, order, prosperity, and welfare of the
present and future inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such zoning and subdivision
regulations, which land use regulations have been incorporated into
one comprehensive document entitled "Eagle County Land Use
Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No.
82-26, and as subsequently amended; and
WHEREAS, on June 18, 1996, pursuant to the provisions of
Section 1.04 of the L.U.R.,the Board held a hearing to consider the
adoption of temporary regulations to provide for the extension of
sketch plan approvals (hereinafter "Temporary Regulations"), and
WHEREAS, by Resolution No. 96-74, the Board approved the
adoption of the Temporary Regulations and adopted the amendments to
sections 2.06.13 and 2.17.03 of the L.U.R., which provide for one
extension to Subdivision and PUD sketch plan approvals, said
extensions are to be for a period of two years, all as set forth
therein; and
n
WHEREAS, on July 29, 1996 the Board held a hearing to extend
the effective date of the Temporary Regulations for a period of six
months; and
WHEREAS, by Resolution No. 96-104, the Board approved the
extension of the Temporary regulations for a period of six months,
said six months to expire on December 18, 1996; and
WHEREAS, on August 27, 1996, and again on September 3, 1996,
the Board held a public hearing to consider making the Temporary
Regulations permanent, pursuant to the provisions of C.R.S. 30-28-
133, and Section 1.16 of the L.U.R.; and
WHEREAS, evidence was presented at these public hearings that
it would be unduly burdensome to the development community
to allow for only one extension of a sketch plan approval; and
WHEREAS, having reviewed all of the evidence, testimony,
statements and exhibits submitted at the public hearing, as well as
the comments and recommendations of the Eagle County Planning
Commission and the Eagle County Department of Community
Development, the Board finds that the temporary regulations should
hereby be revoked and that permanent amendments to sections 2.06.13
and 2.17.03 of the L.U.R. be adopted, such amendments to provide
that extension for a sketch plan approval shall be granted for good
cause show and that each extension shall not exceed two (2) years;
and
WHEREAS, the Board hereby determines that the proposed
amendments to Sections 2.06.13 and 2.17.03 attached hereto as
Exhibit "A", are necessary and proper for the protection of the
public health, safety, welfare and best interest of the County of
Eagle, State of Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONII~IISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Sections 2.06.13 and 2.17.03, of the Eagle County Land
Use Regulations, as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference, are hereby amended,
effective as of the date of this resolution 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 provisions of Resolution Nos. 96-74 and 96-104 are
null and void and are hereby repealed.
THAT, any sketch plan whose approval was extended under the
provisions of either Resolution Nos. 96-74 and 96-104 is valid and
any further extension shall be governed by the permanent
regulations hereby adopted.
THAT, the Director of Community Development is hereby directed
to transmit a true and correct copy of the Eagle County Subdivision
Regulations, as amended, to the Colorado Land Use Commission.
THAT, should any section, clause, provision, sentence or word
of this Resolution, including the attached Exhibits, be declared by
a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this Resolution as a whole or any
parts thereof, other than the part so declared to be invalid. For
this purpose, this Resolution is declared to be severable.
THAT, this Resolution is necessary for the public health,
safety, and welfare of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the Count of Eagle, St e of Colorado, at its regular meeting
held the -~~LyJ~- day of ~G` x.~ 1996.
COUNTY OF EAGLE, STATE OF COLORADO
~,~ ~~t~ By and Through I t s BOARD OF COUNTY
ATTEST: ~~,~ COMMISSIONERS
~s ~
BY: ~~ Y:
Sara J. Fi her George A Gates, Chairman
Clerk of the Board of
County Commissioners
hnnette Phillips, Commis inner
a
Commissioner ( _
adoption of the foregoinc
the vote was as follows:
resolution.
seconded
The roll having been called,
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr. /»
This Resolution passed by ~ ' ~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
mta\r\sketch.per
no file
2.06.13 PUD -PLANNED UNIT DEVELOPMENT DISTRICT
5) 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, extensions of
time may be granted by the Boazd of County Commissioners for
good cause shown. Each extension shall not exceed two (2) years.
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 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 by this Section shall render the Sketch Plan for
PUD null and void.
IXHIBIT
2.17.03 ADDITIONAL REQUIREMENTS
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, extensions of time may be granted by the
Board of County Commissioners for good cause shown. Each extension shall not
exceed two (2) years. 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.