The URL can be used to link to this page

Home My WebLink AboutR03-068 New York Mountain Project File No. SUP-00012, ZC-00062~~.~~ ,a Commissioner ~ - moved adoption of th following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - ~~~ APPROVAL OF LOT 10.2 OF THE NEW YORK MOUNTAIN PROJECT FILE NO. SUS-00012, SUP-00007, ZC-00062 Ivv .WHEREAS, on or about February 18, 2003, the County of .Eagle, State of Colorado,, accepted for filing an application submitted by David W. Benbow and Luann R. Benbow (hereinafter "Applicant") for approval of a Subdivision Sketch and Preliminary Plan and Zone Change far Lot 10.2 of the New York Mountain Project, File Nos. SUS-00012, SUP-00007, ZC- 00062; and, WHEREAS, the Applicant requested the approval of a Subdivision Sketch and Preliminary Plan which would allow the existing, platted, Lot 10.2 of the New York Mountain Project to incorporate an additiona13.346 acre portion of land, which is currently part of the Benbow's adjacent, unplatted, 38.64 acre parcel; and, WHEREAS, approval of the application would change the zoning of the 3.346-acre portion of land from Resource, to match the existing designation of Lot 10.2, which is Resource Limited (20 acre minimum); and, See attached Exhibit `A' WHEREAS, upon the loss of 3.346 acres of the unplatted parcel adjacent to Lot 1a:2, the remaining acreage is 35.294 acres; and, WHEREAS, notice of the Sketch and Preliminary Plan, as well as the Zone Change were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, Page 1 of 1 835970 Page: 1 of B 86/06/2003 04:52P Teak 3 Simonton Eagle, CO 37~ R 0.00 D 0.00 ~• • ~ Commissioner ~ ~~~ ~ moved adoption of the ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - APPROVAL OF LOT 10.2 OF THE NEW YORK MOUNTAIN PROJECT FILE NO. SUS-00012, SUP-00007, ZC-00062 WHEREAS, on or about February 18, 2003, the County of Eagle, State of Colorado, accepted for filing an application submitted by David W. Benbow and Luann R. Benbow (hereinafter "Applicant") for approval of a Subdivision Sketch and Preliminary Plan and Zone Change for Lot 10.2 of the New York Mountain Project, File Nos. SUS-00012, SUP-00007, ZC- 00062; and, WHEREAS, the Applicant requested the approval of a Subdivision Sketch and Preliminary Plan which would allow the existing, platted, Lot 10.2 of the New York Mountain Project to incorporate an additional 3.346 acre portion of land, which is currently part of the Benbow's adjacent, unplatted, 38.64 acre parcel; and, WHEREAS, approval of the application would change the zoning of the 3.346-acre portion of land from Resource, to match the existing designation of Lot 10.2, which is Resource Limited (20 acre minimum); See attached Exhibit `A' and, WHEREAS, upon the loss of 3.346 acres of the unplatted parcel adjacent to Lot 102, the remaining acreage is 35.294 acres; and, WHEREAS, notice of the Sketch and Preliminary Plan, as well as the Zone Change were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, Page 1 of 1 • WHEREAS, at its public hearing(s) held April 16, 2003, the Eagle County Planning Commission, based upon its findings, recommended approval, of the proposed Subdivision Sketch and Preliminary Plan, as well as the Zone Change; 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 May 6~', 2003 to consider this Sketch and Preliminary Plan, as well as the Zone Change application; and, WHEREAS, based on the evidence, testimony, exhibits, and 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 Boarrd. 2. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch and Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The proposed subdivision is consistent with the Eagle County Master Plan and the Future Land Use Map (PLUM) of the Master Plan. (2) Consistent with Land Use Regulations. The proposed subdivision does comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone.Districts, and Article 4, Site Development Standards. (3) Spatial Pattern Shall Be Efficient The proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (4) Suitability for Development The property to be subdivided is suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatibility with Surrounding Uses. The proposed subdivision is compatible with the character of existing land uses in the area, and shall not adversely affect the future development of the surrounding area. Page 2 of 2 3. Pursuant to Eagle County Land Use Regulations Section ~-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 development proposed for the subdivision IS considered compatible with the chazacter of surrounding land uses. (3) Changed conditions. There are no changed conditions that require an amendment to modify the density and intensity, however, it is not necessary for the intent of this proposal. (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 area 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 Subdivision Sketch and Preliminary Plan and Zone Change for Lot 10.2 of -the New York Mountain Project, File Nos. SUS-00012, SUP-00007, ZC-00062 be and is hereby approved. THAT, the Subdivision Sketch and Preliminary Plan submitted under this application and hereby approved does not constitute a "site specific development plan" as that phrase is defined and used in C.R.S. Section 24-68-101, et seq. THAT the Boazd further finds, 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. Page 3 of 3 MOVED, READ AND ADOPTED by the Board of County ommissioner of the County of Eagle, State of Colorado, at its regular meeting held this day ° °~ ¢ , 2003, nunc pro tunc to the 6~` day of May, 2003. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ~~~ ~~%~~~ BY: ~~~~ , f~~~~~~~ ~~ Teak J. Simonton Clerk to the Board of County Commissioners ®~ ~ot~o b c°~oaAO° * BY: Michael L. Galls , Chairmen BY: BY: Commissioner 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 ~/~~,c~ , Commissioner Arn M. MencoIlt / p~~ , This Resolution passed by ~,(/'~~~~~~vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 4 of 4 EXHIBIT'A' ~ Page 5 Lot 10.2, New York Mtn Project SUS-00012, SUP-00007, ZC-00062 a, Edwards Hwy6 N ~~'" ,~~~; ; SITE DETAIL '~ ~/~ ` ,* ~ ,~j~j, ~;yR~pw _ Y ~ ~ ~. ~ a ~Tr~, ~`4 "' r i' ~ 3.346 acres ° d ed Q~ ' ,~; K~ be~r-~ ~ Creek Road ~ o ~~°~ y~~ , ;A ~ . ~ '~ ' ~ ~ Unplatted ~ • - {~" ~~ •, ~,, Q O 35.294 acres ~ :, ~~ ~ _ a, t. ,. /~ '~1 ~: ~, .. ate„ P ,y ~ '~llr "'~' a 0 a cc ~. 0 24 ~ 9 20 r. ~ ° N 2000 0 2000 4000 6000 8000 10000 Feet LEGEND 3 ni Road Edgeprres '~'~ e""' NOTES N Bluets ~. ~~ j Ruda USE OF THIS MAP SHOULD BE FOR Public LerM Survey Grid GENERAL AND INFORMATIONAL PURPOSES ® Eagle Courriy Boundary ONLY. EAGLE COUNTY DOES NOT fflSLi CC7U~ITY WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN.