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HomeMy WebLinkAboutR03-077 Approval Bear Trail Estates Zone District Amendment File No. ZC-00054,~ ~ a, ~`'~ n ~ t Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMNIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - v z -i APPROVAL OF THE BEAR TRAII, ESTATES ZONE DISTRICT AMENDMENT FILE NO. ZC-00054 WHEREAS, on or about October 28, 2001, the County of Eagle, State of Colorado, accepted for filing an application submitted by Donald and Dee Ann Pressley (hereinafter "Applicant") for approval of the Beaz Trail Estates Zone Change, Eagle County File No. ZC- 00054; and WHEREAS, a Minor Type A Subdivision, Eagle County File No. SMA-00018, 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 37.3 acre pazcel from its existing Resource (R)designation to a designation of Agricultural Residential (AR, 10 acre minimum), thus allowing a subdivision of the pazcel into 21ots, as follows: SEE ATTACHED EXHIBIT "A", FINAL PLAT, SHEET 2 OF 3; and WHEREAS, at its public hearing held February 5, 2003, the Eagle County 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 "Board") of the County of Eagle, State of Colorado, on June 3, 2003; 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 ~ IVIIIYIIY~~IIIIIIVIIIIIIIIVIIAIIIIII ~'e~°?.,rif3 • • Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COD'IlVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - ~~' APPROVAL OF THE BEAR TRAIL ESTATES ZONE DISTRICT AMENDMENT FILE NO. ZC-00054 WHEREAS, on or about October 28, 2001, the County of Eagle, State of Colorado, accepted for filing an application submitted by Donald and Dee Ann Pressley (hereinafter "Applicant") for approval of the Bear Trail Estates Zone Change, Eagle County File No. ZC- 00054; and WHEREAS, a Minor Type A Subdivision, Eagle County File No. SMA-00018, 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 37.3 acre parcel from its existing Resource (R)designation to a designation of Agricultural Residential (AR, 10 acre minimum), thus allowing a subdivision of the parcel into 21ots, as follows: SEE ATTACHED EXHIBIT "A", FINAL PLAT, SHEET 2 OF 3; and WHEREAS, at its public hearing held February 5, 2003, the Eagle County 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 June 3, 2003; 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 Page 1 of 3 • Planning Commission, and comments from all interested parties, the Board 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 Board; and, Pursuant to Eagle County Land Use Regulations Section 5-230.D., Requirements for a Zone ChanEe; 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 FLLTM 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 I5 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 nataral 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 area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of the Bear Trail Estates, File Number ZC-00054, for a zoning change from the Resource Zone District to the Agricultural Residential Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: SEE ATTACHED EXHIBIT "B", LEGAL DESCRIPTION Page 2 of 3 • THAT the Boazd 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 finds, determines and declares that this Resolution is necessary for the health, safety and welfaze of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Boazd of Count~Commiss'oners of the County of Eagle, State of Colorado, at its regular meeting held th day o 2003, nunc pro tunc to the 3`d day of June, 2003. ATTEST: BY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: Michael L. al agher, ~, air BY: Tom. stone, Commissioner BY: Commissioner Commissioner ~.^' ~ "1' seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone U Commissioner Michael L. Gallagher Commissioner Arn M. Menconi ~ ~~ This Resolution passed by ~e~~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 3 of 3 Clerk of the Boazd of County Commissioners