HomeMy WebLinkAboutR08-143 Modification Building Resolution TERKEJCSIMONTONO 200903161
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Commissioner 1�"Y�� , I J JL I 1JJJJJ I
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO 7 iL /
RESOLUTION NO. 2008- 14 S
Resolution for the Approval of the Modifications for the Eagle County Building Resolution
FILE NO. LUR -2050
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado
(hereinafter the "Board "), is authorized, pursuant to State enabling legislation including, but not
limited to, C.R.S. 30 -28 -101, et sue., to plan for and regulate the use and development to 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, pursuant to such authority, the Board has adopted zoning, subdivision, and
building regulations, which regulations have been incorporated into one comprehensive
document entitled "Eagle County Land Use Regulations" (hereinafter the "E.C.L.U.R. "), pursuant
to Resolution No. 82 -26, and as subsequently amended; and
WHEREAS, C.R.S. 30 -28 -133, and Section 5 -230 of the E.C.L.U.R., provide for the
adoption and amendment of subdivision regulations by the Board; and
WHEREAS, on or about October, 21, 2008 the Eagle County Department of Community
Development initiated proposed amendments to Chapter III of the E.C.L.U.R., in order to
incorporate language pertaining to updating Eagle County Building Resolution. Such proposed
amendments were referred to both the Eagle County Planning Commission and the Roaring Fork
Valley Regional Planning Commission for their review and comment; and
WHEREAS, the Eagle County Planning Commission reviewed the proposed
amendments on December 3, 2008 and certified their comments and recommendations with
respect thereto to the Board; and
WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the
proposed amendments on December 4, 2008 and certified their comments and recommendations
with respect thereto to the Board; and
WHEREAS, after public notice was given pursuant to law, the Board held public
hearings to consider comments on such proposed amendments on December 16, 2008 in the
Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado;
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and
WHEREAS, based on the evidence, testimony and exhibits for the unincorporated areas
of Eagle County, comments of the Eagle County Department of Community Development,
comments of public officials and agencies, recommendation of the Planning Commission and
comments from all interested parties, the Board hereby determines that the proposed amendments
to Chapter Three of the E.C.L.U.R., are necessary and proper for the protection of the public
health, safety, welfare and best interest 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 proposed amendments have been referred to the appropriate municipalities
and agencies for their advisory opinions; the appropriate hearings have been conducted after
proper notice; and there has been compliance with all applicable standards for amendment
contained within the E.C.L.U.R.
THAT, Chapter III of the Eagle County Land Use Regulations are hereby amended,
effective January 1, 2009 to read as set forth in Exhibit A attached hereto and incorporated herein
by this reference.
THAT, this amendment of Chapter III of the E.C.L.U.R. shall not constitute nor be
construed as a waiver of any violations existing at the time of adoption of this Resolution.
THAT, the Director of Community Development is hereby directed to transmit a true and
correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land
Use Commission.
THAT, should any section, clause, provision, sentence or word of this Resolution,
including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other
than the part so declared to be invalid. For this purpose, this Resolution is declared to be
severable.
THAT, except as expressly altered, modified and changed in this Amendment, all terms
and provisions of the Eagle County Land Use Regulations shall remain in full force and effect
and hereby are ratified and confirmed in all respects as of the date hereof.
THAT, this Resolution is necessary for the public health, safety, and welfare of the
inhabitants of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
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County of Eagle, State of Colorado, at its regular meeting held the December 23, 2008.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY
COMMISSIONERS
ATTEST:. ~~`~ Y~c:: ~~, `+
~' `'~
,~.~~..~ ri' "tip .~,, ~,
~;: .
By: ~~~~~' ~ ~ By:
Te ~ ;;~~t n Peter F. Runyon, Commissioner, Chairman
Clerk to the Board of
County Commissioners ---
By: ~
Sara J. Fishe ,Commissioner
By:
M. Menconi, Commissioner
Commissioner }- (S ~' 4° seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Commissioner Peter F. Runyon ~ ~ s
Commissioner Sara J. Fisher ~q~ ~.-
Commissioner Arn M. Menconi ~^ ~ -~
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