HomeMy WebLinkAboutR08-147 Bellyache Road Amending Landu Use Regulations.~
Commissioner ~ ~ ~1^ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2008 - (~'1
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS;
GENERAL AMENDMENT AFFECTING CHAPTER II, ARTICLE 4
FILE NO. PR-1471: BELLYACHE ROAD
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, etseq., to plan for and regulate the use and development of 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, Bellyache Road, CR-21 is a public right-of--way controlled by Eagle County; and
WHEREAS, the Board of County Commissioners of Eagle have the authority to control use and
access upon rights-of--way controlled by Eagle County; and
WHEREAS, the Board finds and determines that the amendments to the use and access of CR-21
are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity
and welfare of the present and future inhabitants of Eagle County and are consistent with the County's
goals, policies and plans, including the Comprehensive Land Use Plan; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan
for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community
Development, comments of public officials and agencies, and comments from all interested parties and
stakeholders, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as
follows:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Bellyache Road CR-21 be closed to motorized vehicles from December 1 S` through April
30`x' of each year to reduce erosion and grading/repair costs, as well as user safety during the winter.
Over-snow vehicles (OSVs) no wider than 60" will be allowed during this time, as well as utility
vehicle/emergency access. Flexibility to the closure dates will be allowed as determined by Eagle County
Road and Bridge if dry road conditions warrant late closures/early openings;
THAT, Eagle County will work with stakeholders using the area for development of educational
signage, improvement of the road near the base for dust/mud/erosion abatement, and enforcement of
existing laws to maintain existing uses of the area in a responsible manner to allow for peaceful
enjoyment of adjacent properties;
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THAT, public notice was given and numerous stakeholders and citizens participated in this
public hearing process;
THAT, this Resolution is necessary for the public health, safety, and welfare of the County of
Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the _day of ~, 2008, nunc pro
tunc to the 9`~' day of December, 2008.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST: o~ E^~F
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~' ~
BY: ~
Teak J. Simon n r
Clerk to the Board of °tORAfl°
County Commissioners
~ 4~, ~~kNvi~
BY: ~
Peter F Runyon, Chair
BY:
Sara J. Fisher, ommissioner
BY:
Arn M. Menconi, Commissioner
Commissioner titi u^-seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Peter F. Runyon ~ '~
Commissioner Arn M. Menconi D~ S ~t~ i
Commissioner Sara J. Fisher ~ ~
z~
This Resolution passed by
County of Eagle, State of Colorado.
vote of the Board of County Commissioner of the
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