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HomeMy WebLinkAboutR96-056 approval of zone district amendment Grant Smitht~,rl n~ ~; ~~'' ~ ~ Commissioner ~ ' moved adoption of the following Resolution: RESOLIITION OF THE BOARD OF COUNTY COI~iISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLIITION NO: 9~-~ ~, ,~- APPROVAL OF ZONE DISTRICT AMENDMENT ~ Grant-Smith t~ J ~.~ V FILE NO: ZC-273-96 WHEREAS, Michael Bair did file an application with the Eagle County Department of Community Development on or about February 1, 1996 , to rezone the herein described property in Eagle County from Resource & RPs~dential Suburban Medium Density (RSM) to agricultural Residential & Residential Suburban Medium Density (RSM); and WHEREAS, at its public hearing held April 18. 1996 the Planning Commission, based on its findings, recommended approval of the proposed AR &RSM 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 Aril 30 199,_; 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 5yU6U3 B-694 P-6U8 U5/15/y6 U'L:4'LP PG 1 OF 6 REC DOC Sara J. Fisher Eagle County Clerk & Recorder U.UU ,. ., officials and agencies he recommendation of the anning 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 compatibly 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. ~ 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. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Michael Bair File Number ZC-273-96, for a Zoning Amendment to change from the Resource (R) and Residential Suburban Medium Density (RSM) Zone Districts to the Agricultural Residential and Residential Suburban Medium Density (RSM) Zone Districts be and is hereby approved for the following described property located in the unincorporated area of Eagle County: Page 2 of 3 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 County of Eagle, State of Colorado, at its meeting held the day of ,~`~~, 199, nunc pro tunc to the 30th day of April 1996. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS ATTEST: / By:~ Sara J. Fisher Clerk to the Board of County Commissioners By: George A. Gates, Chairman J nnette Phillips, Commis Toner James E. Johnson, Jr., Commissioner Commissioner ~~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips ~-C,-,C~'/ Commissioner George A. Gates ~~ o .~ -T Commissioner James E. Johnson, Jr. /1/.~~7i~is~-~ ,~ ~ This Resolution passed by a ~ ~ / vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 3 of 3 EXHIBIT "A" The following property description describes the entire property being rezoned. The subsequent description (Parcel 1B) is that portion of the entire property rezoned to RSM (0.733 acres). The remainder of the property is rezoned to AR (10.397 acres). A PARCEL OF LAND SITUATE^v IN TRACT 49, SECTfON B, -TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SiXTN PRINCIPAL MERIDIAN. COUNTY OF EAGLE, STATE OF COLORADO; SAIC PARCEL OF LAND BEING MORE PARTICULARLY DESCR!BED AS FOL~OYVS: COMMENCING AT ANGLE POINT NUMBER FOUR OF TRACT 47, A ?926 GLO BRASS CAP FOUND IN PLACE: ThENCE N 00'05'21' E tT47.28 FEET TO A POINT CN THE NORTHERLY RIGHT-OF-WAY LINE OF FRYING PAN ROAD. THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-0F-WAY LINE ALONG AN ARC OF THE CiIRVE TO THE LEFT HAVING A RADIUS OF 590.00 FEET, A OISTANC~ OF 60.95 FEET AND A CENTRAL ANGLE~OF 05'S5'a8' (CHORD BEARS S 88'46'12' W 60.92 FEET); THENCE L.t`AVfNG SAID NORTHERLY RIGHT--CF-WAY LINE N 00'21'38" Yv 464,70 FEET; THENCE N 73'4?'2t" E 67.36 FEET; THENCE N 00'Q5'21'_ E~~24.t~~FEET TO A POINT ON THE NORTH LINE AS DESCRIBED IN A OEEQ ©~TED APRIL 4, 1969, BETWEEN THE FIRST NATIONAL BANK OF GLENW000 ,SPR.INGS AND DALE AND ALOHA GRANT, SAID POINT ALSO BEING THE CENTER ~tNE QF A 40.00 FOOT WIDE ACCESS EASE!~AENT; THENCE S 77'04'08" E ALONG SAID NORTH LINE AND THE CENTER LINE OF SAID ACCESS EASEItitENT 27.43 FEET;• THENCE CONTINUING ALONG SAID NORTH LlNt AND SAID CENTER L1NE S 22'04'50" E 99.00 FEAT; THENCE CONTINUING ALONG SAID NORTH LINE AND SAID CENTER LINE S 38'00'09" E 50.23 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND SAID CENTER LINE S 79'09'39" E 206.39 FEET; THENCE CONTINUING ALONG SAID NORTH LINE ANO..SAlD CENTER LINE S 58'39'39" E 102.37 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND SAIp CENTER LINE S 83'03'31" E 57.9' FEET;. THENCE CONT I NlJ I NG ALOt~IG SA I D NORTH L { NE AND SAID . C€NTER !; I NE N 69'34'2'" E 71.00 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND SAID CENTER LINE N 78'39'44" E 96.30 FEET; THENCE CONTINUING ALONG SAID NCRT~ LINE AND SAID CENTER LINE N 62'51`31" E 55.71 FEci; THE'vCE CONTfNU!"NG ALONG SAID NORTH L{NF AND SAID CENT, ER LINE IV 63'23'21" E ?26.99 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND SAID CENTER LINE N 46'26'21" E 41.59 FEET; THENCE LEAVING SAID NORTH LINE AND SAID CENTER LINE S 00'59'39' E 846.12 FEET TO A POINT ON 7HE APPRCXIr\AATE NORTH BANK OF THE FRYING PAN RIVER; T-,E~JCi_ S 8''51'10" W ALONG SAfD NORTH BANK 93.15 FEET; THENCE LEA~J!NG SA10 NORTH BAr~K N 03'43'40" W 248.00 FEET; THENCc N 8'46'32" W 115.24 FEET; TNE~~CE N 84'23'i6" W 240.58 FEET; THENCE N 85'21'32" W 398.29 FEET; THENCE S 00'05'21" W 198.96 _ FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CCNTAINIP~G 11.129 AC4ES, MGRS OR LESS. PRc~pBRTY DESCRIP'TIt71ti LoT ~$ A PARCEL OF LAND SITUATED IlV' TRACT 49, SEC7I4h' S, TOWNSHIP 8 SOUTH, RANGE 86 WEST, OF THE SIXTH PRINCIPAL ?~1ERIDIAN, COLTNXY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOI.LOw'S: . COM3~NCING .4T Aa~`tGI,E POL1"T ON'E, 4r TRACT 47, ALSO BEIi~IG A POINT ON THE .WESTEr2LY LIlVE OF TRACT 47, A 19? 6 GLO BRASS CAP IN PLACE; THE'`r'CE S 29°5?'~ B 1482.28 FEET TO THE 1VOR'Tf:IWEST CORNER OF SAID PARCEL OF LAND, THE ?'RUE POTNT OF BEC~INNI~'G; TE~NCE N 89 °00'21 " E 113.17 FEET TO A PO]N`Y' ON A LINE, AS ESTABLISHEY7 BX QUIT CLAIM DEED, RECORDED A5 RECEPTION YO. 4?6 i3, IN THE OFFICE OR THE CLERK gT,ID RECORDER, COUNTY OF EAGLE; T~'~CE 5 QO°59'39" E ALO~'G SAID LINE 314.47 BEET TO A POIl4'~ ON THE :NORTH BANK OF TF~ FRYING PAN RIVER; THENCE S 87°51' 10 W ALONG SAID NORTH BANK OF TIC FRYING PAN RIVER 93.15 FEET; 'THENCE LEAYIl~G SAID NORTH BANK N 03°43'40" W ALONG A FENCE LINE EXTENDED A3~'D EXIS'T'ING FENCE LINE 248.00 FEET TO Alti ~S$TYritG FENCE CORNER; THENCE N 07°48'42", W 69.12 FEET TD TH" BE ; SAID PARCEL CONTAiNYNG 0.733 ACRES, MORE QiF LESS.