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Home My WebLink AboutR94-078 denial of zone district amendment for Arnold MeadowsCommissioner ,�� ' moved adoption _ of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 9 -V - /6 DENIAL OF ZONE DISTRICT AMENDMENT Arnold Meadows Subdivision d` FILE NO: ZC- 259 -94 WHEREAS, Robert and Gloria Arnold and Don Byers did file an application with the Eagle County Department of Community Development on or about February 1, 1994, to rezone the herein described property in Eagle County from Resource to Residential Multiple Family (RMF); and ;..� WHEREAS, at its public hearing /hearings held March 17, 1994, 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 March 28, 1994; 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. 538908 B -642 P -861 06/15/94 12:58P PG 1 OF 4 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 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 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 not changed 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. or 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 Robert and Gloria Arnold and Don Byers, File Number ZC- 259 -94, for a Zoning Amendment to change from the Resource Zone District to the Residential Multiple Family (RMF) Zone District be and is hereby denied 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 provide a copy of this Resolution to the applicant. 2 a t MOVED, REAL-AND ADOPTED by the Board of County Commissioners cf the b ounty of Eagle, State of Colorado, at its meeting held the day of Vt,(jzA , 199 k / , nunc Pro tunc to the 28th day of March, 1994. ATTEST. By ZE�`fra/ii,� Sara J. Fisher Clerk to the •a o as County Commi mss'° o a a, COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: U ohnnette Phillips, Chai an Georg A. Gates, Commissioner James E. Johnson, Jr., Commissioner Commissioner /z seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates, Commissioner James E. Johnson, Jr. 72 This Resolution passed by a /_iir Si rrrru2c I vote of the Board of County Commissioners of the County of Eagle, State of Colorado. X EXHIBIT "A" PROPERTY DESCRIPTION LOT 3 (ZONING) A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1 /4SE1 /4, THE S1 /2NE1 /4 AND IN THE SEl / /4NE1 /4 OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP IN PLACE; THENCE N 30 °52'44" W 3453.72 FEET TO A POINT ON THE WESTERLY LINE OF BLUE LAKE P.U.D., SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 439189 OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE THE TRUE POINT OF BEGINNING THENCE LEAVING SAID WESTERLY LINE N 77 0 11 1 26" W ALONG THE NORTHERLY LINE OF SAID RECEPTION NO. 439189 572.38 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 38 0 08'04" W 158.25 FEET TO A POINT ON THE WESTERLY LINE OF EAGLE COUNTY; THENCE N 00 0 00 1 20" E ALONG THE WESTERLY LINE OF EAGLE COUNTY 885.74 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION N0. 205501 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 89 °39'16" E ALONG SAID SOUTHERLY LINE 376.10 FEET; THENCE LEAVING SAID SOUTHERLY LINE N 1 8 ° 43'24" E 106.08 FEET; THENCE N 00 °39'52" E 663.43 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 495345; THENCE N 89 °42 E ALONG SAID SOUTHERLY LINE 237.95 FEET TO THE NORTHWEST CORNER OF BLUE LAKE P.U.D.; THENCE LEAVING SAID SOUTHERLY LINE S 00 0 00'01" W 1655.49 FEET TO THE TRUE POI NT,OF BE SAID PARCEL CONTAINING 16.959 ACRES, MORE OR LESS. EXCEPTING FROM THE ABOVE DESCRIBED LOT THAT PORTION OF RECEPTION NO. 205501 AS RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE WHICH AFFECTS SAID LOT; SAID EXCEPTION CONTAINING 0.604 ACRES, MORE OR LESS. SAID PARCEL CONTAINING A NET ACREAGE OF 16.355 ACRES, MORE OR LESS. 93097.01 DECEMBER 27, 1993