HomeMy WebLinkAboutR1979-34 Zoning Resolution 1974 1
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, pertaining to time share estates and fractional fee estates.
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
amendment of all zoning plans and plats and the adoption and amendment
of regulations governing such zoning plans and plats by the Board of
County Commissioners, County of Eagle, State of Colorado hereinafter
referred to as the "Board "; and
WHEREAS, the Board at its regular meeting on August 7, 1979,
adopted certain amendments to the Zoning Resolution of Eagle County,
Colorado, 1974, as amended, pertaining to the location and development
of time share estates and fractional fee estates; and
WHEREAS, subsequent thereto, and by reason of substantial
public imput, the Board determined to reconsider said amendments; and
WHEREAS, the following proposed revisions, modifications,
and /or alterations to said amendments to the Zoning Resolution of Eagle
County, Colorado, 1974, as amended, have been recommended by the Eagle
County Planning Commission at its September 19, 1979, meeting; and
WHEREAS, this Board has given notice of public hearing thereon
in newspapers of general circulation in Eagle County, such hearing having
been held on September 26, 1979, and this Board having given full con-
sideration thereto; and
WHEREAS, the Board deems it necessary and advisable to adopt
these amendments and /or modifications 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 e.g impacts on communities which
are permanent in nature rather than resort - oriented and impacts on ser-
vices and recreational facilities provided by the County to its residents,
pursuant to Section 29 -20 -101 et seq. C.R.S. 1973, as amended.
NOW THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, County of Eagle, State of Colorado:
THAT, Section 2.02.87 of the Zoning Resolution of Eagle
County, 1974, as amended, is hereby amended by the repeal and re-
enactment of the definition of "Fractional Fee Estate" is read as
follows:
2.02.87 FRACTIONAL FEE ESTATE
Fractional Fee Estate means any interest in real pro-
perty, including condominiums, owned or leased by five
or more persons or entities or any other device inclu-
ding ownership in a corporation, cooperative, partner-
ship or joint venture whereby the owners or lessees
have formally or informally agreed that such owners
or lessees shall have the preferred or exclusive use
during specified periods of time. Any conveyance of
a fractional fee estate or undivided interest by se-
parate deed is within this definition and to be regu-
lated hereby. A fractional fee estate shall be deemed
to be created upon the marketing, promotion, selling
or offering to sell specified period or periods of
time in one or more residential units.
THAT, Section 3.06.03 entitled "Uses, Special" is hereby
amended with the addition of Subsection (11) to read as follows:
(11) Fractional Fee Estates and Time Share Estates;
THAT, Section 6.00.05 is hereby added to read as follows:
6.00.05 TIP1E SHARE ESTATES AND FRACTIONAL FEE ESTATES
In order to facilitate processing of applications, an
applicant desiring to create a time share estate(s) or
fractional fee estate(s) may proceed concurrently or
simultaneoulsy with his /her special use permit, zone
change and /or subdivision applications.
THAT, any part, section, subsection, sentence, clause or
phrase herein contained that is held to be invalid by any court of
competent jurisdiction shall be considered deleted from this Resolu-
tion, but such deletion shall not in any way affect the validity of
any other part, section, subsection, sentence, clause or phrase herein
contained;
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, Colorado.
MOVED, READ AND UNANIMOUSLY ADOPTED at a regular meeting of
the Board of County Commissioners, County of Eagle, State of Colorado,
held this 26th day of September, 1979.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
ATTEST: B6OF COUNTY COMMISSIONERS
)0 1 P
v erk of the Boa''ll Coun Dan 11 - Tams, Chai
Commissioners ��jy // /f
/i)4 Dale Grant, Commissioner
Keith Troxel, Commissioner