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HomeMy WebLinkAboutR83-030 denial of zone change Buck MeadowsRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83- DENIAL OF ZONE CHANCE File No Buck Meadows ZC- 179 -83 WHEREAS, Mike Simonds did file an application with the Eagle County Department of Community Development on or about January 17, 1983, to rezone the herein described property in Eagle County from Resource Zone District to Resource Limited Zone District; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado on March 9th, 1983; 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 not in compliance with the recommendations set forth in the Master Plan for the unincorporated area of the County. •6b, . 3. That the proposed land use will not be compatible with existing and permitted land use in all directions. 4. That the disadvantages of the use requested outweigh the advantages. 5. That changing conditions clearly do not require an amendment to the Zone District designation presently placed on the subject property. 6. That the proposed rezoning is not necessary in order to provide land for a demonstrated community need. zoning. 7. That there is a need for reasonable stability in 8. That for the above stated and other 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Mike Simonds , file number ZC- 179 -83, for a zoning amendment to change from Resource Zone District to Resource Limited Zone District be and is hereby denied relative to the following property lo- cated in the unincorporated area of Eagle County: LEGAL DESCRIPTION A parcel of land located in Tracts 37 and 39, Section 3, T4S, R86W, and Section 34, T3S, R86W, 6th Principal Meridian, Eagle County, Colorado more parti- cularly described as follows: Beginning at a point on line 2 -3 of said Tract 39 whence corner No. 3 of said Tract 39, a Brass Cap found in place bears South, 1940.12 feet; THENCE North 450.11 feet along line 2 -3 of said Tract 39 to a point on the thread line of the Colorado River. THENCE 2962.82 feet along the thread line of said River to a point on line 1 -2 of said Tract 39; THENCE N.89057126 "E. 314.62 feet to the Westerly line of the Denver Rio Grande Western Railroad being 50.30 feet west of the centerline of said Railroad as described in Book 82 at Page 558 in the Office of the Eagle County Clerk and Recorder; THENCE 1054.45 feet along the westerly right -of -way line of said Railroad on the arc of a curve to the right having delta of 16 °01'34 ", a radius of 3769.83 feet, and a chord bearing S.01 0 37116 11W. 1051.01 feet to a point on a Searles curve; THENCE along three chords of said Searles curve a distance of 149.07 feet to a point; THENCE 5.10 °43'05 "W. 1584.24 feet along the Westerly right -of -way of said Railroad to a point; departing said Westerly right -of -way line west 767.85 feet to a point; THENCE 5.36 22'32 "W. 599.36 feet to a point; THENCE 5.47 °21'33 "W. 451.98 feet to a point on the thread line of the Colorado River; THENCE 440.33 feet along the thread line of said River to a point on line 2 -3 of said Tract 39; THENCE north 1149.55 feet along line 2 -3 of said Tract 39 to a POINT OF BEGINNING, containing 80.00 acres, more or less. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the 27th day of aril, 1983, nunc pro tunc to the 9th day of March, 1983. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF C,9 07Y COMMISSIONERS By • _ By: ohnnette Phillips D vid E. Mott, Chairman Clerk to the Board of County Commissioners Dan Williams, Commissioner Keith Troxel, Commissioner