Loading...
R85-50 adopting temporary land use regs for west vailCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 85- So IN RE THE MATTER OF THE ADOPTION OF TEMPORARY LAND USE REGULATIONS FOR THE WEST VAIL AREA PENDING THE STUDY AND ENACTMENT OF PERMANENT LAND USE REGULATIONS WHEREAS, the Colorado Court of Appeals, by decision dated August 15, 1985, in the lawsuit entitled Caroselli v. The Town of Vail, et al., Case No. 84CAO737, ruled the annexation proceedings by the Town of Vail involving an area known as "West Vail" were invalid, and remanded the matter to the District Court in and for the County of Eagle with directions to enter judgment declaring the annexation proceedings null and void; and WHEREAS, the Town of Vail has elected not to further appeal the aforementioned appellate decision; and WHEREAS, as a result of the Town's decision not to appeal, it appears the issuance of the order by the District Court formally invalidating the subject annexation proceedings is imminent, whereupon the West Vail area will instantaneously be deemed under the jurisdiction of the County of Eagle, State of Colorado; and WHEREAS, due to the accelerated succession of events resulting in the invalidation of the West Vail annexation proceedings, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), and its staff have not had adequate time to assess, identify, and study those land use impacts which may result from further development and construction in the West Vail area nor to prepare and adopt permanent land use regulations governing and and regulating such development and construction in the West Vail area; and WHEREAS, the Board finds, determines and declares it would be in the best interests of the general public, and the residents, taxpaying electorate and property owners of the West Vail area, to preserve temporarily the status quo of construction and development activity in the West Vail area pending the study and enactment of permanent land use regulations, by the adoption of temporary land use regulations prohibiting for a limited period of time in the West Vail area, the zoning or subdivision of land, or the erection, construction, reconstruction or alteration of any building or structure including, by way of example only, signs, used or to be used for any business, residential, industrial or commercial purposes, as more fully set forth in this Resolution; and WHEREAS, the Board is empowered by state enabling legislation including, but not limited to, Section 30 -28 -121, C.R.S., and Section 29 -20 -101, et �s�__e�qq., C.R.S., to promulgate, by resolution, temporary Inruse regulations of the nature set forth herein; and WHEREAS, the Board is further empowered to adopt such temporary land use regulations of the nature identified herein pursuant to Section 1.05 of the Eagle County Land Use Regulations, 1982, as amended. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, for purposes of this Resolution and the temporary land use regulations enacted hereby, the "West Vail area" shall be defined as all of that certain real property legally described and depicted as the subject of annexation proceedings by the Town of Vail on the Annexation Plat, A Part of Sections 1, 12, 11, 14 & 15, Township 5 South, Range 81 West of the 6th Principal Meridian, Eagle County; Colorado, Sheets 1 through 5, inclusive, recorded in Book 314 at Page 986 under Reception No. 211361, Drawer "V ", Case "2 ", of the real property records of the County of Eagle, State of Colorado. THAT, during and throughout the effective period and duration of this Resolution and the temporary land use regulations enacted hereby, any and all zoning or rezoning of land and variances therefrom, or any subdivision of land, or any erection, construction, reconstruction, or alteration of any building or structure including, by way of example only, signs, used or to be used for any business, residential, industrial or commercial purposes, located within the West Vail area shall be prohibited, except as otherwise provided hereinbelow. THAT, upon the execution of this Resolution, the Board hereby directs the Director of the Eagle County Department of Community Development, the Eagle County Building Official, and their respective officers, deputys, employees, and agents, to forego and not issue any building permits or land use approvals /permits for any land, building or structure located within the West Vail area during and throughout the effective period and duration of this Resolution and the temporary land use regulations enacted hereby, except as otherwise provided hereinbelow. THAT, notwithstanding the foregoing, if prior to the passage of this Resolution, a property owner has been issued a valid building permit by the Town of Vail for the erection, construction, reconstruction or alteration of a building or structure, as those terms are referenced herein, located within the West Vail area, and has incurred substantial expenses in reliance upon and subsequent to the issuance of the subject building permit, such property owner may apply to the Eagle County Building Official or his designated representative(s) for the issuance of an Eagle County building permit to continue such erection, construction, reconstruction, or alteration of the subject building or structure. The Eagle County Building Official or his designated representative(s) shall, without unreasonable delay, make a determination as to whether the foregoing conditions exist and, based thereon, whether to issue the requested Eagle County building permit. The determination of the Eagle County Building Official or his designated representative(s) shall be subject to appeal in accordance with Section 1.17 of the Eagle County Land Use Regulations, - 'I - 1982, as amended. Any building permit issued by the Eagle County Building Official or his designated representative(s) pursuant to this Paragraph shall be issued in accordance with and subject to the Eagle County Building Resolution, with amendments, then in effect. THAT, this Resolution and the temporary land use regulations enacted hereby shall be effective concurrent with the District Court's entry of judgment declaring the West Vail annexation proceedings null and void, and shall remain in effect for an initial period of thrrty (30) days, or to and including October 3, 1985. In accordance with Section 1.05 of the Eagle County Land Use Regulations, 1982, as amended, the effective period and duration of this Resolution and the temporary land use regulations enacted hereby may be extended by the Board for a period not to exceed six (6) months upon a public hearing held within the intial thirty (30) day period to discuss the matter at hand requiring the temporary land use regulations. THAT, it shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure, or to use or subdivide any land, in violation of any of the provisions of this Resolution and the temporary land use regulations enacted hereby. THAT, any person, firm, corporation, property owner, entity, association or other organization violating any provision of this Resolution or the temporary land use regulations enacted hereby shall be subject to appropriate criminal and /or civil proceedings as prescribed in Sections 30 -28 -110, 30 -28 -114, 30 -28 -124, and 30 -28 -209, respectively, C.R.S., and Section 1.15 of the Eagle County Land Use Regulations, 1982, as amended. THAT, this Resolution and the temporary land use regulations enacted hereby are necessary for the public -4- health, safety and welfare. THAT, should any section, clause, provision, sentence or word of this Resolution 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 3rd day of September, 1985. COUNTY OF EAGLE, STATE OF COLORADO By and through its ATTEST: BOARD OF YNTYY COMMISSIONERS Pleof the Board Davj�ott, Chairman Co of County / Commissioners Richard L/ Gdsta c', Commissioner Donald H. Welch, �- Commissioner Commissioner (cJ /a seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott Commissioner Richard L. Gustafson jqL Commissioner Donald H. Welch This Resolution adopted by 4fy/;m,J,`lp vote of the Board of County Commissioners of the County of Eagle, State of Colorado.