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HomeMy WebLinkAboutR96-146 amending LUR's for special use in resource zone district, sales and service of recreational vehicles\ ~ ~ , Commissioner moved adoption of the following Resolution: - BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9~- IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATION, 1982, AS AMENDED TO PROVIDE FOR, AS A SPECIAL USE IN THE RESOURCE ZONE DISTRICT, THE SALES AND SERVICE OF RECREATIONAL VEHICLES WITHIN RECREATIONAL FACILITIES EAGLE COUNTY FILE NO. LiTR-021-96 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, ~, seQ., 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, C.R.S. 30-28-116, and Section 1.15 of the L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, C.R.S. 30-28-133, and Section 1.15 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on July 3, 1996, Steve Pittel and Gregory Caretto DBA Nova Guides, initiated a proposed amendment to Chapter 2, Section 2.06.01(3)h)17) of the L.U.R., in order to provide for ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 60?421 11/14/1996 04:29P BK 711 PG 443 370a9e~ 1 of 3 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk J/U- O vehicles within a recreational facility, such proposed amendment was referred to the Eagle County Planning Commission for its review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendment on September 18, 1996 and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on October 29, 1996, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; 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, together with the various studies and land use plans of the County including the Eagle County Master Plan, the Board hereby determines that the proposed amendment to Chapter 2 of the L.U.R., is contrary to the above referenced plans and therefore is not necessary for the protection of the public health, safety, welfare and is not in the best interest of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CON~IISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the request by Nova Guides to amend Chapter 2, Section 2.06.01(3)h)17) of the Eagle County Land Use Regulations, is hereby denied. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, 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, 2 safety, and welfare 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 12th day of November, 1996, nunc pro tunc to the 29th day of October,. ,1996. :. ~,,.r: ~ _~. 4; ~~. ~~ COUNTY OF EAGLE, STATE OF COLORADO ~b`'7 °~.L"r ~ ` B and Through Its BOARD OF COUNTY ~,~ Y ATTEST: ~~Q~ BY: BY: Sara J. Fisher Clerk of the Board of County Commissioners BY: BY- COMMISSIONERS George Gates, Chairman -~ ._ ohnnette Phillips, Commissioner s E. Jo n J ommissioner Commissioner n seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. _~iwo This Resolution passed by ~/I2~um~-~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3