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HomeMy WebLinkAboutR17-005 Dennis Property File No. ZS-6242 w►ws 1 SS 1 o Mt-4=1-1v n Ut.4(- • 1-1-4-4-4 IAA UV�XJ
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2017- bbd
RESOLUTION APPROVING ZONE DISTRICT AMENDMENT
FOR
THE DENNIS PROPERTY FROM RURAL RESIDENTIAL (RR)ZONE DISTRICT TO
THE RESOURCE (R) ZONE DISTRICT
FILE NO. ZS-6242
WHEREAS, on or about August 9, 2016, LD Development Holdings, LLLP. (the
"Applicant") submitted an application with the Eagle County Community Development
Department requesting to amend the Official Zone District Map for certain real property in the
Eagle area of unincorporated Eagle County, Colorado, located in the Rural Residential (RR)
Zone District in the unincorporated area of Eagle County more particularly described as follows:
A 105 acre parcel of land located in Tract 43 and 44, Sections 19 and 30,
Township 4 South, Range 84 West of the 64" P.M., County of Eagle, State of
Colorado (the"Property"), and;
WHEREAS, the Applicant requested approval of a Zone District Amendment (Eagle
County File No. ZC-6424) to allow for the rezoning of the Property from the Rural Residential
(RR) Zone District to the Resource (R)Zone District, and;
WHEREAS, the Property has been zoned Rural Residential since February 11, 1980
(Eagle County File No. ZC-119-80), and;
WHEREAS,prior to February 11, 1980,the Property had been zoned Resource (R), and
WHEREAS, notice of the Zone District Amendment was given to all proper agencies
and departments as required by Section 5-210.E, Eagle County Land Use Regulations
(hereinafter"ECLURs")-Notice of Public Hearings, and;
WHEREAS, public notice was posted in a newspaper of general circulation and said
notice was sent to all adjacent property owners as required by the Section 5-210.E, - Notice of
Public Hearings, ECLURs, and;
WHEREAS, at its regular meeting held on December 21, 2016, the Eagle County
Planning Commission (hereinafter the "Planning Commission") voted to recommend approval of
the Zone District Amendment,with conditions, and;
WHEREAS, at its regular meeting held on January 3, 2017, the Board considered the
requested Zone District Amendment, and;
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By: r �l
E.&E&Coun y Attorney's Office
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WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, the Eagle Area Community Plan, as well as
comments of the Eagle County Community Development Department, comments of public
officials and agencies, the recommendation of the Planning Commission, and comments from all
interested parties, the Board finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. That pursuant to ECLURs Section 5-230.D. - Standards for the review of a Zone District
Amendment, all standards required for the Zone District Amendment have been met as
required by the ECLURs, and;
WHEREAS, at its regular meeting on January 3, 2017, the Board voted unanimously to
approve the Zone District Amendment with conditions as listed herein and authorized the Chair
to sign on its behalf the foregoing resolution evidencing such approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the Zone District Amendment application for the Property, currently located in
the Rural Residential Zone District in the unincorporated area of Eagle County described herein,
be approved, subject to the following conditions:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public meeting
shall be adhered to and considered conditions of approval.
2. The Applicant shall work with the Eagle County Engineering Department and the
Greater Eagle Fire Protection District to complete the following improvements
prior to or concurrent with the issuance of a building permit for either a new
single-family residential structure, or an Accessory Dwelling Unit (ADU) on the
subject Property,whichever occurs first:
a. Vegetation along both the shared driveway and the private driveway be
trimmed back three (3) feet from the edge of the existing gravel driveways;
b. Apparatus pull-offs be placed at two locations along the shared driveway:
i. At the top of the crest located at 1537 Eby Creek Road
ii. Just prior to the entrance of 1539 Eby Creek Road
c. Apparatus pull-offs must be engineered to hold a static weight of 56,000 lbs
(28 tons).
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THAT, the Board of County Commissioners directs the Director of Community
Development to enter this Zone District Amendment on the appropriate page of the Official Zone
District Map and to provide a copy of this Resolution to the applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the l day of
c-u,v-4 l4-may , 2017, nunc pro tunc to the 3rd day of January, 2017.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
a41/'m e_ OF COUNTY COMMISSIONERS
ATTEST: 1At l � ,
BY: __ _ eo• ; BY. AL
Re.;.*I . O rien ,'lian H. Ryan, Chai
Cle to' e Board of
County Commissioners
Commissioner V'\ Qt.)L.r�.._i . seconded approval of the Zone District
Amendment. The roll having been called, the vote was as follows:
Commissioner Jillian H. Ryan Aye
Commissioner Kathy Chandler-Henry Aye
Commissioner Jeanne McQueeney Aye
Approval of the Zone District Amendment passed by a unanimous vote of the Board of County
Commissioner of the County of Eagle, State of Colorado.
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