HomeMy WebLinkAboutR90-039 Dillon Edwards Interchange Zone District Amendment • . . RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 90- 3 ZONE DISTRICT AMENDMENT - Dillon /Edwards Interchange FILE NO: ZC- 238 -89 WHEREAS, Gerald L. Dillon did file an application with the Eagle County Department of Community Development on or about October 1, 1989, to rezone the herein described property in Eagle County from the Commercial Limited Zone District to the Commercial General Zone District; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on February 13, 1990; 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 Eagle County 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. . 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. 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 the proposed rezoning is necessary in order to provide land for a demonstrated community need. 8. 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 Tr RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: 'TIBIAT the petition of Gerald L. Dillon, File Number ZC- 238 -89, for a zoning amendment to change from the Commercial Limited Zone District to the Commercial General Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: SEE ATTACHED EXHIBIT "A" TEAT the Board of County Commissioners directs the Director of the Department of Community Development to enter District Map and record the change in the office of the Eagle County Clerk and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting M.eld the 8th ,ay of August, 1989, nunc pro tunc to the - day of /9104.,aL. 1983.9( COUNTY OF EAGLE, STATE OF COLORADO 4 o 141 By and Through its r� � ` BOARD OF COUNTY COMMISSIONERS 3 ) i /, , ATTEST • � � • BY: BY: lerk t• d e Board/of Don. • H. a ch, Chairman County Com issioners A.. c' and G'"rafs? , Coy, ssioner Bud es, Commissioner • 4116 Or) EXHIBIT "A" That part of the NW 1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado more particularly described as follows: Beginning at a point of intersection of the South right of way line of Interstate Highway No. 70 with the East right of way line of Road "E ", said point being the terminal point of course 9 of Parcel 28 described in deed to the Department of Highways, State of Colorado, recorded in Book 215 at Page 133, under Reception Number 110676, Eagle County records; thence S 25 26' 30" W along the easterly line of said Parcel, 27.00 feet to_ the True Point of Beginning; thence S 25 26' 30" W along the easterly line of said Parcel, 132.30 feet to a point; thence continuing along the easterly line of said Parcel, on a curve to the right (curve is not tangent to previous course) having a radius of 577.5 feet, a central angle of 19 56' 36 ", an arc length of 201.01 feet, and whose long chord bears S 41 36' 18" W a distance of 200.00 feet; thence S 54 37' 12" E, 400.00 feet; thence N 35 56' 28" E, 487.09 feet to a point 25.00 feet southerly of the southerly right of way line of Interstate Highway No. 70 as said line is described in said Parcel 28, said 25.00 feet being measured at right angles to said right of way line; thence N. 70 22' 00" W parallel with and 25.00 feet southerly of said right of way line, 21.37 feet; thence N 86 46' 00" W parallel with and 25.00 feet southerly of said right of way line, 148.20 feet to the True Point of Beginning. Containing 3.800 acres, more or less, reserving, however, unto Lessor an easement of ingress and egress over, across and through that portion of the herein demised premises described as "A tract of land 25 feet in width lying immediately adjacent to the East right of way line of Road "E" and being more particularly described as the westerly 25 feet of the above described parcel, also known and numbered as: I -70 and Road E being the same property conveyed to Getty Refining and Marketing Company from S. K. Koprivnikar, by Deed dated June 23, 1987 and recorded June 25, 1987 in Book 465, Page 15, in Book of Deeds of said County.