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
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REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk
J/U-
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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,
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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.
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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.
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