HomeMy WebLinkAboutR82-066 Amending Zoning RegulationsDOOK
344 241098 Recordaa at 10:30 AM August 25, 1982
Page Record,, Johnnette Phillips\ Eagle Cc a Iy
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RESOLUTION
j OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 82- � L2
IN RE THE MATTER OF AMENDING AND READOPTING
RESOLUTION OF THE COUNTY OF EAGLE, STATE OF
AS AMENDED, AND THE SUBDIVISION REGULATIONS
EAGLE, STATE OF COLORADO, 1972, AS AMENDED,
INCORPORATED AND MADE A PART OF THE EAGLE Ci
REGULATIONS, 1982.
No Fee
THE ZONING
COLORADO, 1979,
OF THE COUNTY OF
AS THE SAME ARE
)UNTY LAND USE
WHEREAS, the Board of County Commissioners of the
County of Eagle, State of Colorado, hereinafter referred to
as the "Board ", is authorized pursuant to state enabling
legislation including, but not limited to, Section 30 -28 -101
et see., and Section 29 -20 -101 et spec., respectively, C.R.S.
1973, as amended, 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 referred to as "L.U.R. ", pursuant to Resolution
No. 82 -26; and
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WHEREAS, Section 30 -28 -116, C.R.S. 1973, as amended,
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 Resolution; and
WHEREAS, Sections 30 -28 -110, 30 -28 -133, and 30 -28 -137,
respectively, C.R.S. 1973, as amended, and Section 1.16 of
the L.U.R., provide for the adoption and amendment of all
subdivision plans and plats and the adoption and amendment of
regulations governing such plans and plats by the Board; and
WHEREAS, on or about July, 1982, the Eagle County
Department of Community Development on behalf of the Board,
initiated proposed amendments to the Zoning Resolution of the
County of Eagle, Colorado, 1979, as amended, and the
Subdivision Regulations of the County of Eagle, Colorado,
1972, as amended, as the same are incorporated in Chapter II
of the L.U.R., and referred such proposed amendments to the
Eagle County Planning Commission for its review and comment;
and
WHEREAS, the Eagle County Planning Commission reviewed
the proposed amendments on July 7, 1982, 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 to consider comments on such
proposed amendments on August 9, 1982, at 9:00 A.M. in the
Board of County Commissioners' room, McDonald Building,
Eagle, Colorado; and
WHEREAS, the Board having reviewed all of the evidence,
testimony, statements and exhibits submitted at the public
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hearing, as well as the comments and.tecommerndations 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 amendments to the Zoning Resolution of the County of
Eagle, Colorado, 1979, as amended, and the Subdivision
Regulations of the County of Eagle, 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 interests of the
inhabitants 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,
Colorado, 1979, as amended, and the Subdivision Regulations
of the County of Eagle, 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 amendemtns set forth in Exhibit A shall
become effective upon adoption by the Board and the recording
thereof in the property records of the County of Eagle, State
of Colorado.
THAT, the entirety 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.,as the foregoing are herein amended,
are hereby readopted.
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k.
THAT, this amendment and readoption of the Zoning
Resolution of the County of Eagle, Colorado, 1979, as
amended, and the Subdivision Regulations of the County of
Eagle, Colorado, 1972, as amended, and in conjunction
therewith, Chapter II of the L.U.R., shall not constitute or
be construed as a waiver of any violations existing at the
time of adoption of this Resolution.
THAT, should any section, clause, provision, sentence
or word of this Resolu
be declared by a court
invalid, such decision
Resolution as a whole,
part so declared to be
Resolution is declared
tion, including the attached
of a competent jurisdiction
shall not affect the validi
or any parts thereof, other
invalid. For this purpose,
to be severable.
exhibit,
to be
ty of this
than the
this
THAT, this Resolution is necessary for the public
health, safety and welfare.
MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of
County Commissioners of the County of Eagle, State of
Colorado, at its regular meeting held this day of
1982.
ATTEST:
ler K. or tn'e- board'o
ounty Commissioners
El
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By Y,
Dale F. Grant, hairm n
Keith Troxel, GOffimissioner
Dan it Tams, ommissioner
^ 14�.,.� � „7 emu✓'
EXHIBIT "A ",
TO RESOLUTION No. 82 -�4
(AMENDMENTS 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, AS THE SAME ARE INCORPORATED IN CHAPTER II OF THE
EAGLE COUNTY LAND USE REGULATIONS, 1982.)
I. Subparagraph (4)(b) of Subsection 2.17.01 (Sketch
Plan Application) of Chapter II of the Eagle County Land Use
Regulations is hereby amended to read as follows:
(4)(b) "Street system with gradients and widths
indicated by note; the relationship of
proposed streets to existing streets, both
on and adjoining sketch plan site,
including proposed access to a public
highway, shall be shown."
II. Subsection 2.17.02 (Sketch Plan Review) of Chapter
II of the Eagle County Land Use Regulations is hereby amended
by the addition of a new subparagraph (3)(d) therein to read
as follows:
(3)(d) "Evidence that the parcel of land proposed
for subdivision has access to the state
highway system capable of servicing the
development."
III. Subsection 2.14.04 (Review of Zone District
Amendments) of Chapter II of the Eagle County Land Use
Regulations is hereby amended by the addition of a new
subparagraph (1)(b) therein to read as follows:
(1)(b) "Conceptual evidence that the land has
access and can be serviced with water and
sewage disposal systems appropriate with
the zone district being sought."
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By reason of the addition of a new subparagraph
(1)(b) within Subsection 2.14.04 referred to next above, the
subparagraph originally numbered (1)(b) within Subsection
2.14.04 as set forth in Resolution No. 82 -27, is hereby
renumbered to now read subparagraph (1)(c) within Subsection
2.14.04.
IV. Subparagraph (3) of Subsection 2.18.03 (Additional
Requirements - Preliminary Plan) of Chapter II of the Eagle
County Land Use Regulations is hereby amended to read as
follows:
(3) "For subdivision of 8 lots or less, the
County Commissioners may waive the Sketch
and /or Preliminary Plan requirements if the
necessary information showing that those
requirements have been met is provided,
including but not limited to:
(a) Conformance with the Master Plan
(b) Suitability of land for subdivision
(c) Access to the proposed subdivision
(d) Documentation of water supply
(e) Adequacy of sewage disposal system.
V. Subsection 2.06.01 (R- Resource) of Chapter II of
the Eagle County Land Use Regulations is hereby amended by
the addition of a subparagraph (3)(d)(22) therein to read as
follows:
(3)(d)(22) "Contractor's yard."
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