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HomeMy WebLinkAboutR94-213 denial of special use permit C&B Development Whiskey HillU O a 0 0 U W o N ti wo oro 0 0 v x a� � H M N � U 0 rn o o o N U N N � d tw Cd 0w rn i a t- s. Lo o co 4 1 m PQ - w 00 N c m Cd Lo Cd Commissioner °, n moved adoption lof the following Resoluti._: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9Z/ -• 4f DENIAL OF SPECIAL USE PERMIT C & B Development Whiskey Hill FILE NO. ZS- 358 -94 i . i� �t WHEREAS, C & B Development, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about October 1, 1994, for a Special Use Permit for subdivision of 2 duplex lots into 4 single family units, within the Eagle -Vail P.U.D., in the unincorporated area of Eagle County described as follows: Lots 17 and 18, Whiskey Hill 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 ( "the Board "), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed special use.does not conform to the requirements of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will not be compatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. 5. That for the above - stated and other reasons, the proposed special use is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. 1 Commissioner "moved adoption if the following Resolution,:.' BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9q - g /�3 DENIAL OF SPECIAL USE PERMIT C & B Development Whiskey Hill FILE NO. ZS- 358 -94 WHEREAS, C & B Development, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about October 1, 1994, for a Special Use Permit for subdivision of 2 duplex lots into 4 single family units, within the Eagle -Vail P.U.D., in the unincorporated area of Eagle County described as follows: Lots 17 and 18, Whiskey Hill 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 ( "the Board "), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed special use does not conform to the requirements of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will not be compatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. 5. That for the above - stated and other reasons, the proposed special use is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. 1 NOW, THEREFO'' BE IT RESOLVED BY THE B( '�D OF COUNTY COMMISSIONERS OF <E COUNTY OF EAGLE, STATE C,_,' COLORADO: That the application of C & B Development, File No. ZS -358- 94, for a Special Use Permit for subdivision of 2 duplex lots into 4 single family units within the Eagle -Vail P.U.D. described herein, be denied, subject to the conditions as set forth herein. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regu ar meeting held the day of o �Ini»-,��-e.`_ , 199L, nunc pro tunc to the 6th day of December, 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTE By: By: ohnnette Phillips, Chair an George 9. Gates, Commissioner E. J ioner commissioner seconded adoption of the foregoing Res lution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips aA Commissioner George A. Gates Commissioner James E. Johnson, Jr. 07Q This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. E Clerk to the Board of County Commissioners Commissioner -- 'AO�LnA07t. moved adoption of the folic ,1ng R solution: �� BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94- o h+ APPROVAL OF SPECIAL USE PERMIT o PUBLIC SERVICE COMPANY OF COLORADO P FILE NO. ZS- 359 -94 o WHEREAS, Public Service Company of Colorado, ( "Applicant ") w o did file an application with the Eagle County Department of Community Development on or about September 15, 1994, for a Special Use Permit for Utility Substation, natural gas exchange point and metering facility, within a Residential Suburban Low Zone District, in the unincorporated area of Eagle County as described in Exhibit A: �r w and ov o WHEREAS, based on the evidence, testimony, exhibits, study 0 of the Master Plan for the unincorporated areas of Eagle County, W comments of the Eagle County Department of Community Development, w.� comments of public officials and agencies, the recommendation of w x the Planning Commission, and comments from all interested 00P parties, the Board of County Commissioners of the County of , Eagle, State of Colorado ( "the Board "), finds as follows: v' U ° P, Pursuant to Section 2.09.04 of the Eagle County Land Use rn q Regulations, �a N 0 a) The proposed use is not compatible with the existing N U! residential uses in the area, however the landscape plan provides a significant visual screen. w b) The proposed use will have a negative effect on the a, residential character of the neighborhood, however the CD landscape plan provides significant mitigation. a c) Access to the project is adequate. d) Adequacy of permanent water and sanitation services is not an issue as this project does not require these co c services. e) If approved on this site, the physical arrangement and w landscaping of the proposed site is appropriate. f) The proposal is not entirely consistent with the Eagle N ' County Master Plan, however the landscape plan provides M ti significant mitigation. U') 0 g) An assessment has been prepared and a finding of no '"` significant adverse impact to the environment would result from the proposed action and some benefits would be accrued as a result of improved natural gas service. Pursuant to Section 2.07.07, Industrial and Commercial Performance Standards, Eagle County Land Use Regulations: a) To the extent applicable, the proposed use is in general conformance with these performance standards, and,