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HomeMy WebLinkAboutR96-126 amendming LUR's to provide for extension of sketch plan approvals Q e . ``}}~, 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 ~2 v 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 C': Gr? Ea ~.. \- .S~ V 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. r.~ ~~ ~~ r.. ~. 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. U7 a'} Et .. 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.