HomeMy WebLinkAboutR92-093 amendment of Elliott Ranch PUDCommission - TE _ moved adoption P of the following Reaolu —; n: P RESOLUTION COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 �- - 47 3 _ APPROVAL OF AMENDMENT OF THE ELLIOTT RANCH PLANNED UNIT DEVELOPMENT FILE NO. PD- 281 -92A r C WHEREAS, on or about July 2, 1992, the County of Eagle, State of Colorado, accepted for filing an application submitted by Steven G. Zorichak (hereinafter "Applicant ") for amendment of the Elliott Ranch Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD"), File No. PD- 281 -92A; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of perserving the historical character of the Elliott Cabin by amending the P.U.D. Guide as follows; 1. Add to the definition section of the PUD Guide the, Elliott Cabin Lot- A lot which can be used for residential purposes and upon which not more than two dwelling units shall be permitted. The total floor area allowed on Lot 4 shall not exceed a total of 3,900 sq. ft., with no single structure of more than 2,100 sq. ft. of floor area. The Exterior of the Historic Elliott Cabin shall not be substantially altered. On Lot 4 an artist studio would be considered an accessory use with the approval of the adjacent property owners of Lots 1, 2, and 3 in the Elliott Ranch PUD. This lot, Lot 4, Elliott Ranch PUD, shall not be further subdivided, nor can the dwelling units be sold separately. 2. Section (3) Uses a) Delete Lot 4 from the Primary /Secondary category. b). Add the Elliott Cabin Lot category. C) Designate Lot 4 as Elliott Cabin Lot.; and 1�.�8 P, 1 OF S P, EC 00� JOHNNETTE PHILLIPS E-4GLL COUNTY CLZ17K, COLORADO 0.00 0 00 is 9 :. ,WHEREAS, notice % the proposed amendment mailed to all owners e�f property located within and adjacent to the PUD 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 hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado�(hereinafter the "Board "); and WHEREAS, at its public meeting held August 19, 1992, the Planning Commission, based upon its findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its public meeting hearing of August 25, 1992, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: 1. The proposed amendment to the Elliott Ranch Planned Unit Development is consistent with the efficient development and preservation of the entire PUD. 2. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest. 3. The proposed amendment shall not solely confer a special benefit upon any person. 4. The proposed change in land use designation from Primary /Secondary to Elliot Cabin Lot is necessary because the area for proposed designation is changing to such a degree that it is in the public interest to encourage a new use or density. 5. A change in land use designation to Elliot Cabin Lot is consistent with the Master Plan and the area possesses the geological, physical, and other environmental conditions compatible with the characteristics of the use requested. 6. The advantages of the proposed change in land use designation outweigh the disadvantages. 7. The affected land has access and can be serviced with water and sewage disposal systems appropriate for the land use designation being sought. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Steven G. Zorichak for amendment of the Elliot Ranch Planned Unit Development be and is hereby granted. 0) The Board finds, determines, and declares that this Resolution is necessary for the 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 Coun y of Eagle, "tat of Colorado, at its regular meeting held the day of ' �, 1992, nunc pro tunc to the 25th day of Au st, 19 92. M and yhrough CO NE r{". P By . By lerk of the Board of he i hard L. Board of County Commissioners STATE OF COLORADO, By BOARD Off, COUNTY on, cirman By: George Gates, Commissioner By. Donald H. Welch, Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson `-- Commissioner George A. Gates Commissioner Donald H. Welch This Resolution passed by q Ik S vote of the Board of County Commissioners of the County of Eagle,,, State of Colorado. 3