HomeMy WebLinkAboutR97-084 zone district amendment for sopris mesaCommissioner !: "P` moved adoption
of t e following Resolution:
RESOLUTION
OF THE
. BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO: 9
APPROVAL OF ZONE DISTRICT AMENDMENT
��.�Yil 1-910AIRM6
FILE NO: ZC -00004
WHEREAS, Jay McGarvey did file an
application with the Eagle County Department of Community Development on
or about 1/10/1997 to rezone the herein
described property in Eagle County from RR to
AR (Agricultural Residential) ; and
WHEREAS, at its public hearing /hearings held 5/22/1997
the Planning Commission, based on its findings, recommended
approval of the proposed Agricultural Residential Zone District
Amendment, with certain conditions; and
WHEREAS, a public hearing was held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on
June 17, 1997 , 1997; and
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 the proposed zoning is consistent with the Master
Plan.
3. That the area in question possesses the geological,
physical and other environmental conditions compatible
with the characteristics of the use requested.
4. That the advantages of the use requested outweigh the
disadvantages.
5. 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.
6. A.) That the area for which the rezoning is requested
has changed or is] changing to such a degree that it is
in the public interest to encourage a new use or density
in the area.
1
That the proposed rezoning is necessary in order to
provide land for a demonstrated community need.
7. That for the above stated reasons, the proposed zoning
is in the best interest of the health, safety,
convenience, order, prosperity and welfare of the
citizens of Eagle County, Colorado.
2
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT the petition of Jay McGarvey
File Number ZC -00004 for a Zoning Amendment to
change from the RR Zone District to
the AR (Agricultural Residential) Zone District be and is hereby
approved for the following described property located in the
unincorporated area of Eagle County:
SEE ATTACHED
EXHIBIT "A"
THAT the Board of County Commissioners directs the Director of
the Department of Community Development to enter this amendment on the
appropriate page of the Official District Map and to provide a copy of
this Resolution to the applicant.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the unty of Eagle, State of Colorado, at its meeting held the �n
day of 1992, nunc pro tunc to the 17th day of
June 1997 .
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
B
ohnnette Phillips, Chairman
George A. Gates, Commissioner
3
?ames Johnson, Jr., Commissioner
Commissione seconded adoption
of the foregoing resolutio roll having been called, the vote was
as follows:
Commissioner Johnnette Phillips
Commissioner George A. Gates
Commissioner James E. Johnson, Jr. P_
This Resolution passed by a R vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
51
r,.
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in Sections 21, 22, and 28, Township 7 South, Range 87 West of the
Sixth Principal Meridian in the County of Eagle, State of Colorado according to the Independent
Resurvey of said Township and Range as approved by the Office of the U.S. Supervisor of
Surveys on November 15, 1930. Said parcel being part of the "Future Development" as shown
on the Aspen, Mountain View, Second Filing as on file in the Eagle County Clerk and Recorders
office in book 365 at page 922. Bearings for this description being based on a bearing of
S50 "52' 18 "W between the northeasterly comer of Parcel A as shown hereon, a number five rebar
with a 1 '/z inch aluminum cap found marked "P.L.S. 20695 ", and the Southwest Corner of the
N'' /z of the NE 1/4 of said section 28, a number five rebar with an illegible plastic cap found. Said
Parcel A being more particularly described as follows:
Commencing at the northwest comer of Lot 1 of The Meadows, Aspen, Mountain View, Second
Filing, The Point of Beginning; thence S.00 17'45 "W 476.08 feet along the westerly line of said
Lot'l to a point on the northerly Right of Way line for Fender Lane, a number five rebar with a
1 '/z inch aluminum cap found marked "L.S. 11204 "; thence, leaving said Lot 1, N89 0 43'29 "W
748.38 feet along said northerly Right of Way line; thence N89 "22'04 "W 614.15 feet along said
northerly Right of Way line to the Southwest Comer of the N'' /z of the NE 1/4 of said Section 28,
a number five rebar with an illegible plastic cap found; thence, leaving said right of way line,
NO1 °57'59 "E 1325.51 feet to the North 1/4 Corner of said Section 28, a stone monument with a
3 inch aluminum cap on a one inch bar found marked "H.C.E. Inc. 19598 1995'; thence
S89 0 50'33 "E 1305.42 feet to the Southwest Comer of the SE 1/4 of the SE 1/4 of said Section
21, a number 5 rebar with a 1 '/z inch aluminum cap found marked "R-L. S. 14109 "; thence
N00 0 45'26 "E 1341.98 feet to the Northwest Comer of the SE 1/4 SE 1/4 of said Section 21;
thence S89 °47'31 "E 1308.81 feet to the Northeast Comer of the SE 1/4 SE 1/4 of said Section
21 a number five rebar with a 1 '/z inch aluminum cap found marked "L.S. 5993 Jerome Gamba ";
thence N00 0 55'03 "E 380.00 feet to the Southwest corner of Lot 20 of the Oak Ridge , Aspen
Mountain View, Filing No. 3, a number five rebar with a 1 '/z inch aluminum cap marked "P.L.S.
26095 "; thence the following five courses along the southerly line of said Oak Ridge III:
1) thence S48 °59'47 "E 405.93 feet to a number five rebar with a 1 '/z inch aluminum cap found
marked "P.L.S. 20695 ";
2) thence S63'02'43 "E 100.86 feet to a number five rebar with a 1 %z inch aluminum cap found
marked "P.L.S. 20695 ";
3) thence S05 °25'59 "E 100.00 feet to a number five rebar with a 1 '/z inch aluminum cap found
marked "P.L.S. 20695 ";
4) thence 205.79 feet along the arc of a nontangential curve to the left having a radius of
622.40 feet a central angle of 36 °35'34 ", the chord of which bears N66* 16'14"E 390.78 feet;
, 5) thence N47 ° 5827E 311.13 feet to a point on the Westerly line of Lot 16 of The Meadows,
Aspen, Mountain View, Second Filing, a number five rebar with a 1 '/z inch aluminum cap marked
N,
}
"P.L.S. 20695 "; thence, leaving said Oak Ridge III, SIV 11'19"E 479.02 feet along the westerly
line of said Lot 16, thence SIO °00'00"W 591.59 feet along said westerly line, thence, leaving said
Lot 16, N80 0 00 1 00 "W 512.58 feet to a point on the northerly he of a 15 foot Equestrian
easement as platted in said Aspen, Mountain View, Second Filing, thence N73 ° 18'03"W 208.81
feet along the northerly line of said easement; thence, leaving said easement, S60 °03'39 "W 421.05
feet; thence N70° 1T02 "W 54.34 feet; thence N73 *09'09"W 77.35 feet; thence S76 °22'09 "W
114.50 feet; thence S64 °34'5 1 "W 58.48 feet; thence N87 °4T30"W 104.24 feet; thence
N42 °38'5 1 "W 81.62 feet; thence N60 48.51 feet; thence S85 °36'52 "W 30.09 feet;
thence S63° 14'22 "W 48.75 feet; thence S74 °4427 "W 72.74 feet; thence N82 °55'41 "W 55.19
feet; thence N86 °54'51 "W 116.14 feet; thence N71 ° 14'04"W 54.22 feet; thence S26 °48'04 "W
40.26 feet; thence S24 °18'22 "W 67.42 feet; thence S02 °20'04 "E 94.40 feet; thence S63 0 20'46 "W
106.52 feet; thence S25 0 00 1 00 "E 80.00 feet; thence 698.92 feet along the arc of a curve to the
right, having a radius of 470.00 feet and a central angle of 85 ° 12'10 ", the chord of which bears
S17 0 36'05 "W 636.28 feet; thence S60 °12'10 "W 80.86 feet; thence S00 °1T45 "W 516.17 feet to
the Point of Beginning
Said parcel contains 88.677 acres or 3,862,780 square feet, more or less.
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