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R89-071 amending LUR's 1982Commissioner 0-,4 re- 5 moved adoption of the following Reso ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- 'r IN RE-THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, 1982, AS AMENDED WHEREAS. the Board of County Commissioners of Eagle County, State of Colorado (hereinafter the "Board "), is authorized, pursuant to. State enabling legislation including, but not limited to, Section 30 -28 -101 et seq., C.R.S., to plan for and regulate the use development of 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 WHEREAS, Section 30 -28 -116, C.R.S., and Section 1.16 of the L.U.R., 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, Section 30 -28 -133, C.R.S., and Section 1.16 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on March 30, 1989, the Eagle County Department of Community Development initiated proposed amendments to Chapter II of the L.U.R.. and referred such proposed amendments to the Board for its review and comment; and WHEREAS after public notice was given pursuant to law the Board held a public hearing to consider comments on such proposed amendments on May 2 , 1989. in the Board of County Commissioners' meeting room in the Courthouse Building, Eagle. Colorado; and 3 WHEREAS, the Board, 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 Department of Community Development, together with the various studies and land -use plans of the County including the Eagle County Master Plan, hereby determines that the proposed amendments to Chapter II of the L.U.R., are necessary and prover 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 COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II of the Eagle County Land Use Regulations, is herebv amended as follows: 2.06.02(3) Add "Kennels" as a special use. 2.06.03(3) Add "Kennels" as a special use. THAT, this amendment of Chapter II of the L.U.R. shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. 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 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, safety, and welfare of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the CCUnt_r of Eagle, Sta C Colorado, at its regular meeting held the ') - day Of _ C l/ 1989, nllinc pro tune may 23, 1989. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD CO NTY COMMISSIONERS By Richard /GU .afs 1 Chairman/ OR Do � -� Welch Commissioner ZPo,_ A. Gates Commissioner Commissioner /A1 -e&L seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner Donald H. Welch . Commissioner George A. Gates T_ This Resolution passed by �,j �fJ,`c);/t /� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3