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HomeMy WebLinkAboutR19-073 Approval of an Amendment to the Zone Distict Map - Brush Creek Valley Ranch and Open Space ZC-7393 Commissioner Mmoved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2019- 01 g5 RESOLUTION APPROVING AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF EAGLE COUNTY FOR THE BRUSH CREEK VALLEY RANCH AND OPEN SPACE Eagle County File No.ZC-7393 WHEREAS, on or about January 11, 2018, the County of Eagle, State of Colorado, accepted for filing an application submitted by Eagle County, Colorado (hereinafter "Applicant") for an amendment to the official zone district map of Eagle County for the property more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), formerly part of the Frost and Salt Creek Planned Unit Development ("Frost and Salt Creek PUD"), also formerly known as Adams Rib PUD, from Planned Unit Development to Resource,(hereinafter "Zone Change"),and; WHEREAS, the Applicant simultaneously submitted an application for an amendment to the Frost and Salt Creek PUD to remove the Property from the PUD Guide and to rename the PUD to the Frost Creek PUD, and an application for an amendment to the final plat for the PUD to remove the Property from the PUD, and to incorporate the Property into the Brush Creek Valley Ranch and Open Space, and; WHEREAS, the Property is approximately 520 acres in size and the Applicant requested approval of a Zone Change so that the zoning on the Property would be consistent with the zoning applicable to other portions of the Brush Creek Valley Ranch and Open Space,and; WHEREAS, in accordance with Eagle County Land Use Regulations (hereinafter the "ECLURs"), Section 5-210.E - Notice of Public Hearings, notice of the proposed Zone Change was mailed to all owners of property adjacent to the proposed Zone Change and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the applications by the Eagle County Planning Commission (hereinafter the "Planning Commission") and the Board of County Commissioners of the County of Eagle(hereinafter the"Board"),and; WHEREAS, at its public hearing held on June 5, 2019, the Eagle County Planning Commission, based upon its findings, unanimously recommended approval of this proposed Zone Change,and; WHEREAS, at its public hearing held on July 2,2019,the Board of County Commissioners of the County of Eagle, State of Colorado ("Board") considered the proposed Zone Change,associated 1 Eagle County, CO 201917209 Regina O'Brien 10/11/2019 Pgs: 4 01:19:10 PM REC: $0.00 DOC: $0.00 plans, the statements and concerns of the Applicant, the Eagle County Planning Department, Engineering staff, other interested persons, and the recommendation of the Eagle County Planning Commission,and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendations of the Planning Commission,and comments from all interested parties,the Board finds as follows: THAT, the application for a Zone Change for the Property complies with the standards in ECLUR Section 5-230.D-Standards for Zone Change,as set forth below: 1. Consistency with the Comprehensive Plan. Pursuant to Section 5-230.D.1.a-c, the Property will be limited to the uses allowed by the Resource zone district. The rezoning from PUD to Resource is beneficial to Eagle County and neighboring lands.The Property will be limited to the uses allowed by the Resource zone district. The more recently adopted 2010 Eagle Area Community Plan provides strong support for the protection of natural resources and the preservation of open space in the Brush Creek Valley,which will be an outcome of this rezoning on the Salt Creek Development area. As a result, the proposed rezoning is consistent with this standard. 2. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2, surrounding properties include significant land area owned by the United States Bureau of Land Management. Other adjacent properties are zoned Resource, Agricultural Residential, Agricultural Limited, along with the existing Frost Creek PUD. The use of the Property as open space is compatible with the existing and permissible land uses of adjacent land,thus is compatible with surrounding uses. 3. Public Benefit. Pursuant to Section 5-230.D.3, the acquisition of this Property serves multiple public benefits, including recreational opportunities and preservation of lands of high conservation value.The proposed rezoning is consistent with this standard. 4. Change of Circumstances.Pursuant to Section 5-230.D.4, the rezoning of the Property will allow the parcel to be consistent with the remainder of the Brush Creek Valley Ranch and Open Space property. This proposed rezoning addresses this change of ownership and is therefore consistent with this standard. 5. Adequate Infrastructure. Pursuant to Section 5-230.D.5, the existing infrastructure is adequate to serve the Property because the use of this Property will be limited based on the Resource zone district.As a result,the proposed rezoning is consistent with this standard. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: 2 l S THAT, this application for a Zone Change is hereby approved and the Property is hereby rezoned from PUD to the Resource zone district, and the official zone district map of Eagle County, Colorado shall be updated to reflect such change. THAT,the Property is no longer subject to the PUD Guide for the Frost Creek PUD. THAT, the Board directs the Department of Community Development 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado,on this Ibl`day of 0 0-2k A WA" 2019,nunc pro tunc July 2,2019. COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its AT EAGLE coGJAI BOARD OF COUNTY COMMISSIONERS �uP yam` • ` er//the Board ,COR, J:a ne McQueeney C air /4.7' 7,„ Kathy Chalk ler-Henry Commissioner Matt Sch- Commissioner Commissioner 5U-6kCAL$-- seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Commissioner Chandler-Henry 4-14 ` Commissioner Scherr a-44 4, 3 EXHIBIT A Lot 1, Tracts A, B, C, and D,Adam's Rib Ranch Road, Salt Creek Road and Brush Creek Road, Frost Creek and Salt Creek PUD, Filing No. 2 Salt Creek, According to the plat recorded July 8, 2008 at Reception No. 200814345, County of Eagle, State of Colorado; containing 520.3858 acres, more or less and the same has been laid out, platted and subdivided into lots and blocks as shown on the Final Plat under the name and style of Final Plat, Brush Creek Valley Ranch and Open Space, a Resubdivision of Filing No. 2, Salt Creek, Frost Creek and Salt Creek PUD in the County of Eagle, State of Colorado recorded at Reception No. Z-0 V 9 I 4