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HomeMy WebLinkAboutR92-121 denial of zone district amendment for Red Barn Garden CenterCommissioner (.,%� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 92 --/AI DENIAL OF ZONE DISTRICT AMENDMENT Matthews & Associates - Red Barn Garden Center FILE NO: PD- 287 -90 WHEREAS, on or about December 15, 1989, Richard T. Matthews, on behalf of Matthews & Associates, did file an application with the Eagle County Department of Community Development to rezone the following property located within the unincorporated area of Eagle County from Residential Multiple Family Zone District to Planned Unit Development Zone District: See Exhibit "A" attached hereto and incorporated herein by this reference. and WHEREAS, the Applicant desired the zone change in order to relocate its garden center to the subject property; and WHEREAS, at its public hearing /hearings held the Planning Commission, based on its findings, recommended approval of the proposed Zone District Amendment, with certain conditions; and WHEREFORE, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, and of the Planning Commission, and comments from all interested parties, the Board, at its public hearing of March 13, 1990, found as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 3. That there is conceptual evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. HOWEVER, the Board further found: 4. That the proposed zoning is not consistent with the Master Plan. 5. That the advantages of the use requested do not outweigh the disadvantages. 6. That the area for which the rezoning is requested has not changed to such a degree that it is in the public interest to encourage _ a new use or density in the area. 7. That the proposed rezoning is not necessary in order to provide land for a demonstrated community need. 8. That -for the above stated reasons, the proposed zoning is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Matthews & Associates, File Number PD- 287 -90, for a Zoning Amendment to change from the Residential Multiple - Family Zone District to the Planned Unit Development Zone District be and is hereby denied. MOVED, READ AND ADOPTED by the Board of County Commissioners- -odf the County of Eagle, State of Colorado, at its meeting held the ay of ", , 1992, nunc pro tunc March 13, 1990. a -2- COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BORE V� COUNTY COMMISSIONERS wz A0_4 Of } I 0 8 C 0 Q�A � -� -1�11L� �- Donald H. We ch, Commissioner Zz : � 4- -�' � �-- - Z-7 " - Georg A. Gates, Commissioner Commissioner 6-)Ill seconded adoption of the foregoing resolution. The roIl having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates 9 Commissioner Richard L. Gustafson This Resolution passed by G1tf"f`/Y["S vote of the Board of County Commissioners of the County of Eagle, State of Colorado. PD- 287 -90 -3- a e ♦ j 3 EXHIBIT "A" C, Legal Description for the R. Ruder Property, the R. Matthews Rezoning Application, J•an•..1920 That portion of the Whitewater Condominiums Plat Phase I, as denoted "Future Development ", as recorded in the records of the Eagle County Clerk and Recorder, in Book 334, at Page 918, Rec. No. 231273, which property lies in the W 1/2, SW 1/4, Sec. 7, T5S, R 81 W, 6th P.M. , Eagle County, Colo., containing 1.55 acres more or less.. METES AND BOUNDS DESCRIPTION Beginning at the southwest corner of Lot 1, Block 2, Eagle —Vail Subdivision, Filing No. 2; thence N 63 10' 00" W 168.09 feet; thence N 00 48' 04" E 63.76 feet; thence N 65 35' 17" W 50.91 feet; thence N 11 40' 38" W 150.00 feet; thence N 83 29' 18" E 409.37 feet; thence S 13 00' 57" W 351.40 feet to the point of beginning.