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HomeMy WebLinkAboutR03-050 Approval of Rather Subdivision File No. ZC-00061raM~wnN~w~H~u~n .`+32ae.~fi.. Commissioner LJ~ moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS. COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - ~ ~ APPROVAL OF THE RATHER SUBDIVISION ZONE DISTRICT AMENDMENT FILE NO. ZC-00061 WHEREAS, on or about October 9, 2002, the County of Eagle, State of Colorado,: accepted for filing an application submitted by Ray and Maxine Rather (hereinafter "Applicant") for approval of the Rather Subdivision Zone Change, Eagle County File No. ZC-00061; and, WHEREAS, a Minor A Subdivision, Eagle County File no. SMA-00019 was also. applied for in conjunction with the Zone Change application, but does not require a resolution for approval; and WHEREAS, approval of the application would change the zoning of the Applicant's 13.165 acre parcel from its existing Resource designation to a designation of Agricultural Limited (5 acre minimum), thus allowing a subdivision of the parcel into 21ots, as follows: The Rathers currently own a total of 26.408 acres which is bisected, in an east-west direction by the Eagle / Pitkin County line. This proposal is to change the zoning on that portion of the subject property located within Eagle County (13.165 acres) from Resource to Agricultural Limited (5 acre minimum lot size) in order to facilitate a subdivision of `the site into a 6.706-acre lot and a 5.978-acre lot for single-family residential . development and accessory agricultural uses: Both lots will be served by individual wells and sewage disposal systems. Access is proposed via a private, shazed driveway easement off of Hooks Spur Road. The remaining 13.243 acres located within Pitkin County is simultaneously being platted as a single pazcel of land upon which the Rather's existing residence is located. WHEREAS, at its public hearing held December 19, 2002 the Roaring Fork Valley Regional Planning Commission, based on its findings, recommended approval of the Zone Change application; and WHEREAS, a public hearing was held by the Boazd of County Commissioners (hereinafter the "Boazd") of the County of Eagle, State of Colorado, on March 18, 2003; and, Page 1 of 3 ~ • Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY CONIlVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 -(~ APPROVAL OF THE RATHER SUBDIVISION ZONE DISTRICT AMENDMENT FILE NO. ZC-00061 WHEREAS, on or about October 9, 2002, the County of Eagle, State of Colorado, accepted for filing an application submitted by Ray and Maxine Rather (hereinafter "Applicant") for approval of the Rather Subdivision Zone Change, Eagle County File No. ZC-00061; and, WHEREAS, a Minor A Subdivision, Eagle County File no. SMA-00019 was also. applied for in conjunction with the Zone Change application, but does not require a resolution for approval; and WHEREAS, approval of the application would change the zoning of the Applicant's 13.165 acre parcel from its existing Resource designation to a designation of Agricultural Limited (5 acre minimum), thus allowing a subdivision of the parcel into 21ots, as follows: The Rathers currently own a total of 26.408 acres which is bisected, in an east-west direction by the Eagle / Pitkin County line. This proposal is to change the zoning on that portion of the subject property located within Eagle County (13.165 acres) from Resource to Agricultural Limited (5 acre minimum lot size) in order to facilitate a subdivision of the site into a 6.706-acre lot and a 5.978-acre lot for single-family residential development and accessory agricultural uses. Both lots will be served by individual wells and sewage disposal systems. Access is proposed via a private, shared driveway easement off of Hooks Spur Road. The remaining 13.243 acres located within Pitkin Countyis simultaneously being platted a.s a single parcel of land upon which the Rather's existing residence is located. WHEREAS, at its public hearing held December 19, 2002 the Roaring Fork Valley Regional Planning Commission, based on its findings, recommended approval of the Zone Change application; and WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter the "Board") of the County of Eagle, State of Colorado, on March 18, 2003; and, Page 1 of 3 • • 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 Boazd of County Commissioners of the County of Eagle, State of Colorado, finds as follows: That proper publication and public notice were provided as required by law for the hearings before the Planning Commission and the Boazd; and, Pursuant to Eagle County Land Use Regulations Section 5-230.D., Requirements for a Zone Change; Standards for Amendment to the Official Zone District Map: 1. Consistency with the Master Plan. The proposed zone change designation IS consistent with the purposes, goals, policies and FLUM of the Eagle County Master Plan. 2. Compatible with surrounding uses. The zone amendment IS compatible with the uses that surround the applicant's property, and IS the appropriate zone district for the land.. 3 . Changed conditions. There ARE changed conditions that require an amendment to modify the density and intensity. 4. Effect on natural environment. The proposed amendment WILL NOT result in significantly adverse impacts to the natural environment. 5. Community need. The proposed amendment DOES address a community need. 6. Development patterns. The proposed amendment WILL result in a logical and orderly development pattern and not constitute spot zoning. Further, the resulting development can logically be provided with necessary public facilities and services. 7. Public interest. The extent to which the azea to which the amendment would apply HAS changed and continues to change is such that it is in the public interest to encourage a new density in the azea. NOW, THEREFORE, BE IT RESOLVED by the Boazd of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of the Rather Subdivision Zone Change, File Number ZC-00061, for a zoning change from the. Resource Zone District to the Agricultural Limited Zone District be and Page 2 of 3 C. is hereby approved for the following described property located in the unincorporated azea 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 (Zoning) Map and to provide a copy of this Resolution to the Applicant. THAT, the Boazd hereby fords, determines and declazes that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of ~ 2003, nunc pro tunc to the 18th day of Mazch, 2003. ATTEST: BY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMIVIISSIONERS BY: BY: T Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi This Resolution passed by ~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 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