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HomeMy WebLinkAboutR94-079 zone district amendment for N. A. RanchCommissioner moved adoption of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 94- 79 APPROVAL OF ZONE DISTRICT AMENDMENT \ N.A. Ranch Robert D. Adams i FILE NO: ZC- 260 -94 7/ o WHEREAS, Robert D. Adams did file an application with the Eagle County Department of Community Development on or about February 25, 1994 to rezone the herein described property in Eagle County from ,Agricultural Residential to Resource and r WHEREAS, at its public hearing held April 20, 1994 the Planning Commission, based on its findings, recommended approval of the proposed N.A. Ranch 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 May 3, 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 consistent with the Master Plan. 538907 B -642 P -860 06/15/94 12:55P PG 1 OF 4 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 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, and B.)_ 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Robert D. Adams, N.A. Ranch File Number ZC- 260 -94 , for a Zoning Amendment to change from the Agricultural Residential Zone District to the Resource 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 Commission of the C unty of Eagle, State of Colorado, at its meeting held the day of �(tr _ , 1994, nunc pro tunc to the 3rd day of Mav 1994. 2 ATTEST• / G� BY' f 7 Zy BY: Clerk to toe- of County = mess oI ?. , s COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS James E. Johnson, Commissioner Y J hnnette Phil ips, Cha rman 6 � �2 George Gates, Commissioner Commissioner z Z�Ig 9 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates c _ Commissioner James E. Johnson C1Yf C This Resolution passed by a Lf��/i,��mw�� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 EXHIBIT A A PARCEL OF LAND IN TRACT 79, SECTION 9, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP & RANGE AS APPROVED BY THE U.S. SURVEYOR GENERAL IN DENVER, COLORADO, ON JUNE 22, 1922; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING BRASS CAP MONUMENT MARKING THE CLOSING CORNER OF SAID TRACT 79; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT 79 NORTH 89 DEGREES 59 MINUTES 57 SECONDS WEST, 1,750.11 FEET TO AN EXISTING BRASS CAP MONUMENT MARKING CORNER NO. 3 OF SAID TRACT 79; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 79 NORTH 00 DEGREES 12 MINUTES 08 SECONDS EAST, 1,464.40 FEET; THENCE ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 9 SOUTH 89 DEGREES 55 MINUTES 54 SECONDS EAST, 1,322.24 FEET TO THE INTERSECTION OF THE LINE BETWEEN CORNER NUMBERS 1 AND 6 OF SAID TRACT 79; THENCE ALONG THE LINE BETWEEN CORNER NUMBERS 1 AND 6 OF SAID TRACT 79 SOUTH 00 DEGREES 03 MINUTES 23 SECONDS WEST, 143.21 FEET TO AN EXISTING REBAR AND ALUMINUM CAP SET FOR CORNER NO. 6 OF SAID TRACT 79; THENCE ALONG THE LINE BETWEEN CORNER NUMBERS 6 AND 5 OF SAID TRACT 79 SOUTH 89 DEGREES 39 MINUTES 51 SECONDS EAST, 426.73 FEET; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 9 SOUTH 00 DEGREES 10 MINUTES 06 SECONDS WEST, 1,321.71 FEET TO THE POINT OF BEGINNING. FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. TOGETHER WITH AN EASEMENT, 30 FEET IN WIDTH, FOR INGRESS AND EGRESS LOCATED IN THE COUNTY OF EAGLE, STATE OF COLORADO, LOCATED IN TRACT 79, SECTION 10, TOWNSHIP SSOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE U.S. SURVEYOR GENERAL IN DENVER, COLORADO ON JUNE 22, 1922; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING BRASS CAP MONUMENT MARKED CORNER NO. 5 OF SAID ZRACT 79; THENCE ALONG THE EASTERLY LINE OF SAID TRACT 00 22 79 S. '23" W. 30.00 FEET; THENCE N. 89 ° 39'51" W. $91.79 FEET; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 10 N. 00 10'06" E. 30.00 FEET; THENCE ALONG THE LINE BETWEEN CORNER NUMBERS 6 AND 5 OF SAID TRACT 79 S. 89 ° 39'51" E. 891.90 FEET, TO THE POINT OF BEGINNING.