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HomeMy WebLinkAboutR92-161 denial of preliminary poan of Wolcott Exchange PUDCommissioner moved adoption of he following Resolution: RESOLUTION F?� OF THE 6 COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 -�_ DENIAL OF THE COMBINED SKETCH AND PRELIMINARY PLAN OF THE WOLCOTT EXCHANGE MINOR PLANNED UNIT DEVELOPMENT (INCLUDING ZONE DISTRICT AMENDMENT) FILE NO: - PD- 301- 91 -S /P n cl� WHEREAS, on or about March 15, 1991, the County of Eagle, State of Colorado, accepted for filing an application submitted by William L. Williams (hereinafter "Applicant ") for approval of the PUD Combined Sketch and Preliminary Plan of the Wolcott Exchange Planned Unit Development, File No. PD- 301- 91 -S /P; and, WHEREAS, approval of the Application would allow for the development of 1.321 acres approximately one -fifth of a mile north of Wolcott on the west side of Highway 131; and, WHEREAS, pursuant to Section 2.06.13(9) (Minor Planned Unit Development) of the Eagle County Land Use Regulations, Sketch Plan and Preliminary Plan may be combined; and, WHEREAS, at its public hearings held on April 17, May 1, June 5, June 19, July 17, 1991, the Planning Commission reviewed the Application and declined to make a recommendation on the proposed Combined Sketch and Preliminary Plan of the Wolcott Exchange Minor Planned Unit Development; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on July 23, 1991; and, � G m� y A mi tai rte- b ri bG tTj Gy rr't ti. r_ y Cr Cam; r) r m 1. I Q w. G r° G r` G G G G 13 0 0 WHEREAS, 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, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds 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 all criteria of Section 2.06.13(4) (PUD Sketch Plan Application) and Section 2.06.13(5) (PUD Sketch Plan Review) of the Eagle County Land Use Regulations have been considered. 3. That there is not conceptual evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. 4. That the land included in the proposed Sketch Plan is not suitable for subdivision. 5. That comments and recommendations from the agencies listed in Eagle County Land Use Regulations, Section 2.17.02(1), have been considered. 6. That the evidence shows that access which is capable of servicing the development from the state highway system to the parcel of land proposed for subdivision cannot be built by the Applicant to meet applicable County standards. 7. That an appropriate zone change application has been received. 8. That the proposed Sketch and Preliminary Plan is not in conformance with the Master Plan, policies, guidelines, zoning and other applicable regulations. 2 C C 9. That the area in question does not possess the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 10. That the advantages of the use requested do not outweigh the disadvantages. lla. That the area for which the rezoning is requested has not changed or is not changing to such a degree that it is in the public interest to encourage a new use of density in the area; and llb. That the proposed rezoning is not necessary in order to provide land for a demonstrated community need. 12. That for the above stated reasons, the proposed rezoning 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 application submitted by William L. Williams for approval of a Zone District Amendment and of the combined Sketch and Preliminary Plan for the Wolcott Exchange Planned Unit Development be and is hereby denied for the following described parcel of land: A parcel of land located in Tract 48, Section 15, Township 4 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Dependent Resurvey of said Township and Range as approved on October 17, 1977: said parcel being more particularly described as follows: Beginning at a point on the Northerly Line of said Tract 48 and on the Westerly Right -of -Way Boundary Line of Colorado State Highway No. 131 from which the Closing Corner for the North Line of said Tract 48 and Sections 14 and 15 of said Township and Range, a brass cap monument found in place, bears East 2621.02 feet distant; thence along said Westerly Right -of -Way 381.75 feet along the arc of a curve to the right having a radius of 220.90 feet, the chord of which bears South 320 50' 54" West 336.78 feet; thence continuing 3 C, 0 along said Westerly Right -of -Way 49.14 feet along the arc of a curve to the left having a radius of 289.80 feet, the chord of which bears South 770 03' 18" West 49.08 feet; thence departing said Westerly Right -of -Way North 000 O1' 05" East 293.93 feet to a point on the North Line of said Tract 48; thence along said Northerly Line East 230.41 feet to the point of beginning. Said parcel contains 1.321 acres, more or less. MOVED, READ, AND ADOPTED by the Board of County Commissioners of the gunty of Eagle, State of Colorado, at its meeting held the day of AW- , 1992, nunc pro tunc to the 23rd day of July, 1992. ATTESTaQ COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS BY: �, . �� BY: Johnnet ar �` Richard L. Gustafson, Chairman Clerk of YMe � rd of County Commissioners a. BY: Geor a Gates, Commissioner BY: g- \" Donald H. Welch, Commissioner Commissioner adoption to the foregoing resolution. called, the vote was as follows: seconded The roll having been Commissioner Richard L. Gustafson 4a-o ' Commissioner George A. Gates #T1t Commissioner Donald H. Welch i414-e- This resolution passed by C)''I vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4