HomeMy WebLinkAboutR1979-23 Amending the 1972 Subdivision Regulations 41 %, 4/ 41/
RESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
Amending the Definition of the Terms "Subdivision" and "Subdivided
Land" Found in Section 1.08 of the Eagle County Subdivision Regula-
tions 1972, as amended.
WHEREAS, Colorado Revised Statutes 1973, Title 30, Article 28,
including Colorado Revised Statutes 30 -28 -101, 30 -28 -110 and 30 -28 -133, as
amended, provide for the adoption and amendment of all subdivision
plans and plats and the adoption and amendment of regulations govern-
ing such plans and plats by the Board of County Commissioners; and
WHEREAS, the following proposed amendments to the Subdivi-
sion Regulations of Eagle County, 1972, 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 Subdivision Regulations for the purpose of pro-
moting and protecting the health, safety and welfare of the citizens of
Eagle County; to better and further define subdivision activity within
Eagle County; and to establish minimum standards for the subdivision of
land into "Time Share Estates" and "Fractional Fee Estates" 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 1.08 of the Subdivision Regulations of Eagle
County, Colorado, 1972, as amended, be amended by the repeal and reen-
actment of the definition of "Subdivision" or "Subdivided Land" to read
as follows:
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1.08 SUBDIVISION OR SUBDIVIDED LAND
A tract or parcel of land in the unincorporated
area of Eagle County which is divided into two
(2) or more lots, tracts, sites, parcels, separate
interests, interests in common or other division,
including but not limited to land to be used for
condominiums, apartments, or any other multiple -
dwelling units unless exempted pursuant to Sec-
tion 1.08.01 and /or Section 1.08.02 herein. "In-
terest" means any and all interest in the surface
of land (including leasehold interests) but exclu-
ding any and all subsurface interests. Included
(not by way of limitation) within the definition
of "subdivision" or "subdivided land" is:
1. A parcel of land to be used for the con-
struction (for lease or sale) of condominiums
(commercial or residential), cooperatives, apart-
ments, time sharing units, fractional fee estates,
or multi- family units, whether or not constructed
on a previously subdivided lot or parcel (unless
such land, when previously subdivided, was accom-
panied by a filing of an application for improve-
ments (with substantially the same density) which
complied with all provisions of the state subdivi-
sion law and county subdivision regulations and
was approved thereunder).
THAT, Section 1.22 of the Subdivision Regulations of Eagle County,
1972, as amended, is hereby added to read as follows:
1.22 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.
THAT, Section 1.23 of the Subdivision Regulations of Eagle County,
1972, as amended, is hereby added to read as follows:
1.23 PROJECT INSTRUMENTS
The declaration, the bylaws, and any other set of
restrictions or restrictive covenants, by whatever
name denominated, which limit or restrict the use
or occupancy of condominium units. "Project Instru-
ments" includes any lawful amendments to such in-
struments. "Project Instruments" does not include
any ordinance or other public regulation governing
subdivisions, zoning, or other land use matters.
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