HomeMy WebLinkAboutR88-117 Land Use Regulations0 2 0
Commissi / i pt i on -
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS «'NNE' T"TE PHILLIP
%TY. RE62ADER
COUNTY OF EAGLE, STATE OF COLORADO
Dec � 4 �� PM `8
RESOLUTION NO. 88-
IN RE THE MATTER OF AMENDING AND READOPTING THE ZONING
RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO,
1979, AS AMENDED, AND THE SUBDIVISION REGULATIONS OF THE
COUNTY OF EAGLE, STATE OF COLORADO, 1972, AS AMENDED, AS
THE SAME ARE INCORPORATED AND MADE A PART OF THE EAGLE
COUNTY LAND USE REGULATIONS, 1982, AS AMENDED -
AMENDMENT OF REGULATIONS FOR CONSTRUCTION WITHIN
THE PUBLIC WAY OF EAGLE COUNTY
WHEREAS, the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter the "Board "), is authorized,
pursuant to State - enabling legislation including, but not limited
to, Sections 30 -28 -101, et se g., C.R.S., to plan for and regulate
the use and 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 land use regulations
including, but not limited to, the Zoning Resolution of the County
of Eagle, State of Colorado, 1979, as amended, and the Subdivision
Regulations of the County of Eagle, State of Colorado, 1972, as
amended; 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., 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 Regulation; and
WHEREAS, Section 30 -28 -110, 30 -28 -133, and 30 -28 -137
respectively, 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, The Eagle County Attorney's Office, on behalf of the
Board, drafted collateral provisions to be included within Section
5.09 - COLLATERAL FOR FAITHFUL PERFORMANCE, L.U.R., which provision
set forth the manner for providing collateral for public and
private utility companies applying for road cut permits; and
• •
WHEREAS, The Eagle County Planning Commission reviewed the
proposed amendment on November 16, 1988, and certified its 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 on December 5, 1988, in the Board of
County Commissioners' meeting room, McDonald Building, Eagle,
Colorado, to consider comments and such proposed amendment; and
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
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, hereby
determines that the proposed amendment to the Zoning Resolution of
the County of Eagle, State of Colorado, 1979, as amended, and the
Subdivision Regulations of the County of Eagle, State of Colorado,
1972, as amended, (and consistent therewith, to Chapter II of the
L.U.R.), 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
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Zoning Resolution of the County of Eagle, State of
Colorado, 1979, as amended, and the Subdivision Regulations of the
County of Eagle, State of Colorado, 1972, as amended, (and in
conjunction therewith, Chapter II of the Eagle County Land Use
Regulations), are hereby amended as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference.
THAT, the entirety of the Zoning Resolution of the County of
Q1 Eagle, State of Colorado, 1979, as amended, and the Subdivision
Regulations of the County of Eagle, State of Colorado, 1972, as
amended, (and in conjunction therewith Chapter II of the L.U.R.),
., as the foregoing are herein amended, are hereby readopted.
THAT, this amendment and readoption of the Zoning Resolution
of the County of Eagle, State of Colorado, 1979, as amended, and
the Subdivision Regulations of the County of Eagle, State of
Colorado, 1972, as amended, (and in conjunction therewith 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, Public Utility Companies may submit a corporate bond
without sureties to fulfill the collateral requirements established
by Eagle County for a period of time defined within the bond.
Private Utility Companies may submit for collateral requirements
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• •
a yearly corporate bond without sureties, subject to approval by
the Board, based upon that private utility company's financial
strength.
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 and the amendments attached thereto as
Exhibit "A" shall be effective immediately upon the execution of
this Resolution by the Board.
THAT, this Resolution is necessary for the public health,
safety and welfare.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the 4LtO day of zDgZbe r , 1988.
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COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Geor A. Ga es
Chairman
It- _
-_
Sri
a-1
•
In
Commissioner (,; 057¢, -- o A seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner George A. Gates.
Commissioner Donald H. WelchT
Commissioner Richard L. Gustafson -0- 42,
This Resolution passed by +Oq&5 vote of the Board of
County Commissioners of the County o Eagle, State of Colorado.
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f�I
AMENDMENT TO THE EAGLE COUNTY LAND
USE REGULATIONS - SECTION 5.09.04
5.09.04 Public Utility Companies may submit a corporate bond
without sureties to fulfill the collateral requirements established
by Eagle County for a period of time defined within the bond.
Private Utility Companies may submit for collateral requirements
a yearly corporate bond without sureties, subject to approval by
the Board, based upon that private utility company's financial
strength.
EXHIBIT A