HomeMy WebLinkAboutR03-024 Approval of Zone Change for Lot 5, Mosher Subdivision ZC-00057°~ I ~ • r Commissioner 'L_ >_/~'y/ ~ ; moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 -~,~ APPROVAL OF THE ZONE CHANGE FOR LOT 5, MOSHER SUBDIVISION File No. ZC-00057 WHEREAS, on or about 11 September 2002, the County of Eagle, State of Colorado, accepted for filing applications submitted by Ronald D. Marmon and Jan K. Karchele (hereinafter "Applicants") to re-zone the herein described property in Eagle County from the Resource [R] Zone District to the Agricultural Limited [AL] Zone District per File No. ZC- 00057; and, WHEREAS, at its public hearings held on 6 November 2002, the Eagle County Planning Commission, based upon its findings, gave its advisory opinion recommending denial of the proposed Zone Change from Resource to Agricultural Limited; and WHEREAS, at its public hearings held 19 November 2002 and 14 January 2003, the Board of County Commissioners of the County of Eagle, State of Colorado, has considered the evidence, testimony, exhibits, the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development and the Eagle County Engineering Department, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties. NOW, THEREFORE, BASED ON THE EVIDENCE BEFORE IT, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: 1. THAT, proper publication and public notice was provided as required by law for the hearings before the Eagle County Planning Commission and the Board. IINm,~I~~I~N~IIYMJflI~IN~fl 824330 Commissioner ~~ v moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 -~~ / APPROVAL OF THE ZONE CHANGE FOR LOT 5, MOSHER SUBDIVISION File No. ZC-00057 WHEREAS, on or about 11 September 2002, the County of Eagle, State of Colorado, accepted for filing applications submitted by Ronald D. Marmon and Jan K. Karchele (hereinafter "Applicants") to re-zone the herein described property in Eagle County from the Resource [R] Zone District to the Agricultural Limited [AL] Zone District per File No. ZC- 00057; and, WHEREAS, at its public hearings held on 6 November 2002, the Eagle County Planning Commission, based upon its findings, gave its advisory opinion recommending denial of the proposed Zone Change from Resource to Agricultural Limited; and WHEREAS, at its public hearings held 19 November 2002 and 14 January 2003, the Board of County Commissioners of the County of Eagle, State of Colorado, has considered the evidence, testimony, exhibits, the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development and the Eagle County Engineering Department, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties. NOW, THEREFORE, BASED ON THE EVIDENCE BEFORE IT, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: 1. THAT, proper publication and public notice was provided as required. by law for the hearings before the Eagle County Planning Commission and the Board. 2. THAT, Applicants' proposed zone change complies with Eagle County Land Use Regulations, Section 5-230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District. Map. Specifically: a. Consistency With Master Plan. The proposed PUD is consistent with the purposes, goals, policies and Future Land Use Map of the Master Plan; b. Compatible with surrounding uses. The proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; c. Changed conditions. There aze changed conditions that require an amendment to modify the present zone district and/or its density/intensity; d• Effect on natural environment. The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. e. Community need. It has been demonstrated that the proposed amendment meets a community need. f. Development patterns. The proposed amendment will result in a logical and orderly development pattern, does not constitute spot zoning, and may logically be provided with necessazy public facilities and services; and g. Public interest. The area to which the proposed amendment would apply 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. 3• THAT, the petition of Ronald D. Mazmon and San K. Karchele, File No. ZC-00057, for a Zoning Amendment to change from the Resource [R] to the Agricultural Limited [AL] Zone District be and is hereby approved for the property located in the unincorporated area of Eagle County set forth in the attached Exhibit A, which is incorporated herein by this reference. 2 • 4. THAT, the Boazd of County Commissioners directs the Director'of Community Development to enter this amendment on the appropriate page of the Official Zone District Map and to provide a copy of this Resolution to the Applicants. 5. THAT, this Resolution is necessary for the health, safety and welfaze of the inhabitants of the County of Eagle, State of Colorado. MOVED, BEAD AND ADOPTED by the Boazd of County C~~o~~'ssion of the County of Eagle, State of Colorado, at its regulaz meeting held the,~~~~zday 2003, Hunt pro tunc to the 14~' day of J ~c~ 003. ®`~ co G~ v ATTEST• * o* ~~~ ~ o~ ~~. BY: Teak J. Simonton ~ / Clerk of the Boazd of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: ae . Gallaghe an BY. Arn M Menconi, Commissioner BY: Tom .Stone, Commissioner c Commissioner seconded adoption of the foregoing resolution. The roll having been calle ,the vote was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi Commissioner Tom C. Stone This Resolution passed by ~'1 to of the Boazd of County Commissioner of the County of Eagle, State of Colorado. 3 - • .. . - - - Legal Description - - EXHIBIT A Parcel No. 5 Marmon Property . A Parcel of land situated in Tract No. 72 of Section 23, Township 5 So West of Sixth principal Meridian, described as follows: ~ Range 84 Beginning a# a point on the Westerly line of said Tract No. 72 said point bein - center of a 50 foot road easement whence Angle point No. 3~ of said Tract Nog72 bears: S.00°33'39" W 1238.66 feet; thence N 00°33'39" E. 617.18 feet along the Westerly line of said Tract No. 72; thence Fast 705.00 feet; thence S. 00°23'38" W: 617.16 feet to a point in the center of said road easement; thence West 706.80 fee# along the center of said road ~ to a point on the Westerly line of said Tract No. 72, the point of i~gwwng, containing 10.00 acres, more or less. The above descn~ed.parcel of land is subject to a 25 foot road easement ,fig ~ alon the Southerly line. ~ g