HomeMy WebLinkAboutR06-045 - lifting temporary moratorium on zone change applications/residential dwelling unts per acre/commercial or industrial uses by right on presently zoned ag
Commissioner moved for adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006-CXf-:(
AUTHORIZING THE LIFTING OF THE TEMPORARY MORATORIUM ON ALL
ZONE CHANGE APPLICATIONS THAT WOULD RESULT IN MORE
RESIDENT AL DWELLING UNITS PER ACRE THAN THE PRESENT
GOVERNING ZONE DISTRICT ALLOWS, AND ALL ZONE CHANGE
APPLICATIONS THAT WOULD RESULT IN COMMERCIAL OR INDUSTRIAL
USES-BY -RIGHT ON PROPERTY THAT IS PRESENTLY ZONED FOR
AGRICULTURAL OR RESIDENTIAL USES
WHEREAS, Eagle County, Colorado (the "County") is a political subdivision of the
State of Colorado (the "State"), duly organized and existing pursuant to the laws and the
Constitution of the State; and
WHEREAS, The Local Government Land Use Control Enabling Act, ~ 29-20-101. et
seq" c.R.S, ("Land Use Act"), and the County Planning Code, ~ 30-28-101 et seq" C.R.S.
("Planning Code") expressly delegate paramount authority to counties to implement land use
regulations on unincorporated territory within their boundaries; and
WHEREAS, Eagle County is experiencing rapid population growth which will affect the
ability of the County to maintain an adequate level of public services; and
WHEREAS, the County is in the process of amending the Eagle County Land Use
Regulations ("LUR") and researching various balanced "growth management" tools which may
take a variety of forms, including but not limited to amended zone change criteria, enhanced
water/wastewater requirements, berming regulations, stream setback requirements, and ridgeline
and slopeside regulations; and
WHEREAS, on October 4,2005, a temporary moratorium on all zone change
applications that would result in more residential dwelling units per acre than the present
governing zone district allows and on all zone change applications that would result in
commercial or industrial uses-by-right on property that is presently zoned for agricultural or
residential uses ("Resolution 2005-121") was approved by the Eagle County Board of County
Commissioners (the "Board"); and
WHEREAS, the purpose of Resolution 2005-121 was to enable the County sufficient
time to review, study, hold public hearings and prepare and adopt amendments to the County's
LUR relating to the allowance or development of certain commercial uses, residential uses and
industrial uses in unincorporated Eagle County; and
WHEREAS, the County has now completed amendments to its zone change criteria; and
WHEREAS, the County has made and will continue to make additional amendments to
its LUR that will assist the County to better manage growth which is essential to protect and
preserve the environment, the public health, welfare and safety of the County and its citizenry;
and
WHEREAS, the Board recognizes that amending the LUR is an ongoing process, In
light of the ongoing progress made to date regarding amendments to the LUR, the Board has
determined that the temporary moratorium on all zone change applications should now be lifted.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, as of April 11, 2006, the temporary moratorium on all zone change applications
that would result in more residential dwelling units per acre than the present governing zone
district allows and on all zone change applications that would result in commercial or industrial
uses-by-right on property that is presently zoned for agricultural or residential uses is hereby
lifted.
THA T, the County will now accept and take action on applications for zone changes that
would result in more residential dwelling units per acre than the present governing zone district
allows and on any application on any zone change that would result in commercial or industrial
uses-by-right on property that is presently zoned for agricultural or residential uses,
MOVED, READ AND ADOPTED, by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 11th day of April, 2006.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its BOARD OF COUNTY
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Commissioner seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon
Commissioner Stone
Commissioner Menconi
This Resolution passed by vote of the Board of County Commissioners of the County of
Eagle, State of Colorado,
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