HomeMy WebLinkAboutR1979-21 Amendment to Zoning Resolution 1974 00 11110
RESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
Amendment to the Zoning Resolution of Eagle County, Colorado,
1974, as amended.
WHEREAS, Colorado Revised Statutes 1973, Title 30, Article
28, including Colorado Revised Statutes 30 -28 -101, 30 -28 -102, 30 -28 -111,
30 -28 -112 and 30 -28 -116, as amended, provide for the adoption and amend-
ment of all zoning plans and plats and the adoption and amendment of re-
gulations governing such zoning plans and plats by the Board of County
Commissioners; and
WHEREAS, the following proposed amendments to the Zoning Re-
solution of Eagle County, Colorado, 1974, as amended, have been recom-
mended by the Eagle County Planning Commission at its July 5, 1979,
meeting; and
WHEREAS, this Board has given notice of public hearing there-
on in newspapers of general circulation in Eagle County, such hearings
having been held on July 9, 1979 and July 24, 1979, and this Board hav-
ing given full consideration thereto; and
WHEREAS, this Board deems it necessary and advisable to adopt
these amendments to the Zoning Resolution for the purpose of promoting
and protecting the health, safety and welfare of the citizens of Eagle
County; to regulate the location of activities and developments which
may result in significant changes in population density and to regulate
the use of land on the basis of the impact thereof on the community or
surrounding areas pursuant to Section 29 -20 -101 et seq. C.R.S. 1973, as
amended.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Eagle County, State of Colorado:
THAT, Section 2.02.86 of the Zoning Resolution of Eagle County,
1974, as amended, is hereby added to read as follows:
•• •i
2.02.86 TIME SHARE ESTATE
Time share estate includes:
1. "Interval Estate" - a combination of:
a) an estate for years terminating on a
date certain, during which years title to
a time share unit circulates among the in-
terval owners in accordance with a fixed
schedule, vesting in each such interval
owner in turn for a period of time estab-
lished by the said schedule, with the ser-
ies thus established recurring annually
until the arrival of the date certain.
b) a vested future interest in the same
unit, consisting of an undivided interest
in the remainder in fee simple, the magni-
tude of the future interest having been es-
tablished by the time of the creation of
the interval estate either by the project
instruments or by the deed conveying the
interval estate. The estate for years shall
not be deemed to merge with the future in-
terest, but neither the estate for years nor
the future interest shall be conveyed or en-
cumbered separately from the other. "Inter-
val estate" also means an estate for years as
described hereinabove where the remainder es-
tate, as defined either by the project instru-
ments or by the deed conveying the interval
estate, is retained by the developer or his
successors in interest.
2. "Time -span Estate" - a combination of:
a) an undivided interest in a present estate
in fee simple in a unit, the magnitude of the
interest having been established by the time
of the creation of the time -span estate either
by the project instruments or by the deed con-
veying the time -span estate;
b) an exclusive right to possession and oc-
cupancy of the unit during an annually recur-
ring period of time defined and established
by a recorded schedule set forth or referred
to in the deed conveying the time -span estate.
, .v
•0 •S
THAT, Section 2.02.87 of the Zoning Resolution of Eagle
County, 1974, as amended, is hereby added to read as follows:
2.02.87 FRACTIONAL FEE ESTATE
A tenancy in common interest in improved
real property, including condominiums,
created or held by two or more persons,
partnerships, corporations, or joint ven-
turers (and similar entities) wherein the
joints tenants or tenants in common have
formally or informally arranged (by oral
or written agreement or understanding) for
the preferred or exclusive use by one or
more of the tenants in common during spe-
cified periods of time.
THAT, Section 3.07.03 titled "Uses, Special" is hereby amended
with the addition of (34) to read as follows:
(34) Fractional Fee Estates and Time Share Estates;
THAT, Section 3.11.02 is hereby amended by the addition of
subparagraph (i) to read as follows:
(i) Unless otherwise designated, time share estates
and fractional fee estates shall be considered
a commercial use;
THAT, the Board hereby finds, determines and declares that
this Resolution is necessary for the public health, safety and welfare
in the County of Eagle, State of Colorado.
MOVED, READ AND UNANIMOUSLY ADOPTED at a regular meeting of
the Board of County Commissioners, County of Eagle, State of Colorado,
—47— held this - day of , 1979.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By : d . '2 i' / /,�,d By : 1� _ /�
, .
''erk of the Boar Count / Dan Williams, Chairma
'ommissioners