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HomeMy WebLinkAboutR97-098 denial of zone district amendment for Spring Creek TerraceCommiss' er -- moved ac 1von of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 9Z--(FZ DENIAL OF ZONE DISTRICT AMENDMENT Spring Creek Terrace, Lot 3 FILE NO: ZC -00007 WHEREAS, David and Corliss Faulkenberg did file an application with the Eagle County Department of Community Development on or about April 25, 1997, to rezone the herein described property in Eagle County from Agricultural Residential to Agricultural Limited; and WHEREAS, at its public hearing held June 18, 1997, the Planning Commission, based on its findings, recommended denial of the proposed Zone District Amendment; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on July 1, 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 not consistent with the Master Plan. 3. That the area in question does not possess the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 4. That the advantages of the use requested do not outweigh the disadvantages. 5. That there is conceptual evidence that the land can be serviced with water and sewage disposal systems appropriate with the zone district being sought, but that there is not conceptual evidence that the land has access. 1111111111111111111111111111111111111111111111111111 HIM 11 1111 IN 629420 07/31/1997 04:07P 8733 P463 1 of 3 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 6; A.) That the area for which "rezoning is requested has not chs ,ged or is not changing to such a degree that it is in the public interest to encourage a new use or density in the area. And B.) That the proposed rezoning is not necessary in order to provide land for a demonstrated community need. 7. 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 David and Corliss Faulkenberg, File Number ZS- 00007, for a Zoning Amendment to change from the Agricultural Residential Zone District to the Agricultural Limited Zone District be and is hereby denied for Lot 3 of the Spring Creek Terrace Subdivision located in the unincorporated area of Eagle County. THAT the Board of County Commissioners directs the Director of the Department of Community Development to provide a copy of this Resolution to the applicant. MOVED, READ AND ADOPTED by the Board of CountA Commissioners of the County of Eagle, State of Colorado, at its meeting held the c24?tday 199-t, nunc pro tunc to the day of July 1, 1997. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Johnnette Phillips, 6hairman L71ames E. Joh r., issioner eorge A. Gates, Commissioner Commissione seconded adoption of the foregoing resolution. 2 The rol! having been called, tht -Ste was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. _ Commissioner George A. Gates a This Resolution passed by a(2 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.