HomeMy WebLinkAboutR93-031 vacate plats of obsolete subdivisionsCommissioner rn.179Lo, a,1A;aQ moved adoption
of the followin4 Resolution: I
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93 - ,3/
IN SUPPORT of HOUSE BILL 1285 REGARDING the AUTHORITY
of LOCAL GOVERNMENT in COLORADO to VACATE the PLATS of
OBSOLETE SUBDIVISIONS
WHEREAS, there exist certain areas within Eagle County which
were platted prior to May 5, 1972, which are not developing or
cannot develop as platted in substantial compliance with current
subdivision or zoning regulations; and
WHEREAS, such obsolete subdivisions may interfere with the
orderly development of land within Eagle County, tend to perpet-
uate obsolete development standards, may create financial burdens
and environmental problems for local governments, and reduce the
quality of life for persons residing within Eagle County; and
WHEREAS, Representative Strom has introduced before the
Fifty -Ninth General Assembly of the State of Colorado, House Bill
1285 for an Act empowering local governments in Colorado to
vacate the plats of obsolete subdivisions; and
WHEREAS, the Board of County Commissioners of Eagle County,
Colorado ( "the Board "), deems said bill to be in the interests of
and to the advantage of the people of Eagle County.
NOW,
, BE IT RESOLVED:
THAT the Board supports House Bill 1285, and urges the
Fifty -Ninth General Assembly to pass said bill.
THAT copies of this resolution be sent to Mr. Strom, to the
Speaker of the House of Representatives, and to the President of
the Senate of the Colorado General Assembly.
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MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the c-R day of Z2�? � , 1993.
COUNTY OF EAGLE, STATE OF
,� Z��y COLORADO, By and Through Its
ATTEST: sJr�h a r.'9 BOARD OF COUNTY COMMISSIONER
1./..1 `B{ mil• i�1S�y�� ,{ (�(JJ/
Board of George Y. Gates, Chairman
Commissioners
Johnnette Phillips,
Commissioner
es E. J son, J .,
4ommissio6er
Commissioner seconded adoption of the fore-
going resolut' n. TheVroll having been called, the vote was as
follows:
Commissioner Gates
Commissioner Phillips
Commissioner Johnson
This Resolution passed by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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2431 E. Wesley Avenue
Denver, Colorado 80210
January 25, 1993
Dear Planning Director,
In the next ten days, the Colorado legislature will begin
deliberation on a bill sponsored by Representative Bernie Strom and
drafted by APAColorado. The bill, if enacted, will allow local
governments to review obsolete subdivisions and, if appropriate,
vacate them.
We have heard from planners and elected officials across the state
that the power to vacate obsolete subdivisions is important to
counties. Now we must demonstrate that fact to the legislature,
and we need your help.
Enclosed you will find the a draft version of the bill, a one page
fact sheet, and a draft resolution. We ask that you review the
bill with you commissioners, request that they adopt the
resolution, and send a copy of the signed resolution to the APA
legislative committee at the following address:
Chuck Malick
APAColorado Governmental Relations
2431 E. Wesley
Denver, Colorado 80210
We will present your resolution, along with those from other
counties, at the first legislative committee hearing. We believe
that your resolution will be essential in convincing the
legislature that Colorado has an obsolete subdivision problem.
We appreciate your assistance, and ask that you act as soon as
possible. Should you have any questions about the bill or about
the legislature's review of the bill, please contact the
legislative committee co- chairs - Mike Hughes at 442 -7367 or
Gretchen Williams at 871 -0601.
Thank you for your help.
Sincerely,
Michael Hughes AICP
Legislative Co -Chair
APAColorado
RECEIVED
44K
EAGLE COUNTY
COMMUNITY DEVELOPMENT
AN ACT
Draft 12/16/92
CONCERNING THE AUTHORITY OF LOCAL GOVERNMENTS IN COLORADO TO
VACATE THE PLATS OF OBSOLETE SUBDIVISIONS.
Section 1. Article 20 of Title 29 is amended BY THE ADDITION
OF A NEW PART 2 to read:
29- 20-201. Legislative Declaration. The general assembly
hereby finds and declares that obsolete subdivisions interfere
with the orderly development of land within the State,
perpetuate obsolete development standards, creata financial
burdens on local governments, create serious environmental
problems and reduce the quality of life for persons who live in
or near the obsolete subdivisions.
29- 20-202. Definitions. As used in this Part 2, unless
the context requires otherwise:
(1) "Local government" - defined in part 1 of Article 20.
(2) "Obsolete subdivision " - means a subdivision which was
platted and the plat thereof recorded prior to May 5, 1972 and
which is not developing or cannot develop as platted in
substantial compliance with current subdivision regulations or
zoning regulations.
(2) "Subdivider" - defined in 30 -28- 101(9).
(3) "Subdivision" - means any division of land for which
a plat or map has been filed of record in the county in which
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such property is located. This does not include documents
recorded in the county which were not intended to create legal
building sites.
(4) "Undeveloped lots" - any lot which has not had
Public utilities or roadways which meet local government
standards constructed up to the frontage of the lot and which
does not have a building intended for human occupancy
constructed upon it.
29 -20 -203. Power to vacate mats - notice - hearino.(1)
The governing board of a local government shall have the power,
after notice as provided in subsection (2) of this section, and
a public hearing, to vacate any subdivision, or part thereof,
when the governing body finds that the subdivision is an
obsolete subdivision and that such vacation would not deprive
the owner of any lot remaining after the vacation of access to
such lot or vacate an existing open space easement which
accesses the lot. The local government shall only vacate
contiguous undeveloped lots in common ownership in a
subdivision or a portion or portions of a subdivision. Any
sale of property with in a subdivision or portion or portions
of a subdivision as the result of a common plan or transaction
entered into to evade a vacation proceeding, after publication
of notice of hearing to consider vacations of said property and
before final action by the local government, shall not preclude
the local government from vacating the portion of the plat
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where that pzdperty is located.
(2) Public notice of a hearing by the local government on
consideration of the vacation of a subdivision plat or a
portion or portions of a subdivision shall be given not less
than thirty days prior to any such hearing. The notice shall
include the time and place of the hearing and a description of
the subdivision or portion or portions thereof to be considered
for vacation, and the reasons why vacation is being considered.
Such notice shall be published once in a newspaper of general
circulation in the county. In addition, a copy of the notice
shall be mailed to each surface owner or owners of each lot
within the subdivision, any easement holder within the
subdivision whose interest is recorded in the office of the
county clerk and recorder, and to any district formed pursuant
to title 32 whose service area includes all or part of the area
considered for vacation at least thirty (30) days before the
public hearing. The written notice to the surface owners and
the title 32 districts shall be sent to the address contained
in the records of the county assessor. The written notice to
the easement holders shall be sent to the address on the
document conveying the interest. Failure to receive written
notice shall not be grounds to set aside the vacation
proceedings.
(3) Nothing in this part 2 shall be construed as denying
or limiting the power of a local government to limit the time
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period for which final plat approval is b'fective under local
subdivision regulations.
(4) Nothing in this part 2 shall be construed as denying
or limiting the power of home rule local governments to control
the subdivision of land within their jurisdiction.
29 -20 -204. vacation, resolution or ordinance - recording_
(1) Any resolution or ordinance by a local government which
vacates all or a portion or portions of an obsolete subdivision
shall be recorded in the office of the Clerk and Recorder for
the county in which the subdivision is located in the plat book
where such plats are recorded or in any other set of records
where county plats are customarily recorded.
(2) Upon the recordation of a resolution or ordinance
vacating all or any part of a subdivision, the county clerk and
recorder shall write in legible letters across that portion of
the subdivision plat which has been vacated the word "vacated ",
and shall clearly delineate on the plat that portion of the
subdivision which is vacated. The county clerk and recorder
shall also make a reference on the subdivision plat to the
volume and page of the records in which the resolution of
vacation is recorded.
29 -20 -205 Effect of plat vacation. (1) Notwithstanding
any law to the contrary, the vacation of all or a portion or
portions of an obsolete subdivision shall have the effect of
vacating all public easements, roads and rights of way within
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the portion vx portions of the subdivision being vacated
unless the government in its resolution or ordinance of
vacation expressly provides that any easement, roadway or
right -of -way has not been vacated. The vacation of all or any
portion or portions of an obsolete subdivision shall not have
the effect of interfering with any privately owned easements,
roadway or right -of -way unless the owner consents to such
vacation. The title to lands that have been vacated shall vest
as provided in section 43 -2 -302.
(2) After all or a portion or portions of the plat of an
obsolete subdivision is vacated, the land within such
subdivision or portion or portions thereof may not be
subdivided without complying with the the:, applicable state and
local zoning and subdivision regulations, and it shall be
unlawful to sell or develop any lot within the portion or
Portions of an obsolete subdivision that was vacated without
complying with the then applicable state and local zoning and
subdivision regulations.
29 -20 -205. Vested Rights. Nothing in this part 2 shall
be deemed to authorize a local government to interfere with any
vested right created pursuant to Article 68 of Title 24 or
which may have been created under the common law of this State.
Section 2. This part 2 shall become effective July 1, 1993.
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SAMPLE RESOLUTION CONCERNING AN OBSOLETE SUBDIVISION BILL
Board of County Commissioners of
Concerning a bill before the Fifty -ninth
General Assembly of the State of Colorado
regarding the authority of local governments
in Colorado to vacate the plats of obsolete
subdivisions.
County
WHEREAS, obsolete subdivisions interfere with the orderly
development of land within County and perpetuate
obsolete development standards; and
WHEREAS, obsolete subdivisions are a misallocation of
land resources which can create financial burdens, cause serious
environmental problems, and reduce the quality of life for persons
within County; and
WHEREAS, Representative Strom has introduced before the
Fifty -ninth General Assembly of the State of Colorado a bill for an
act concerning the authority of local governments in Colorado to
vacate the plats of obsolete subdivisions; and
WHEREAS, the Board of County Commissioners deems such
bill to be in the interests of and to the advantage of the people
of County; now, therefore,
BE IT RESOLVED by the Board of County Commissioners of
_ County:
That the Board of County Commissioners supports and urges
the Fifth -ninth General Assembly of the State of Colorado to pass
the bill sponsored by Representative Strom concerning the authority
of local governments in Colorado to vacate the plats of obsolete
subdivisions.
That copies of this resolution be sent to Representative
Strom, the Speaker of the House of Representatives, and the
President of Senate of the General Assembly of the State of
Colorado.
Passed and adopted at a regular meeting of the Board of
County Commissioners of ,� Q, County this day
of 7 4 1993.
Signat es as required
270{1.1 MS 011 9:0
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