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HomeMy WebLinkAboutR99-188 approval of miller's creek on eagle river filing 2 PUDCommissioner Q moved adoption of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 99 - a APPROVAL OF THE ZONE CHANGE FOR THE MILLER'S CREEK ON THE EAGLE RIVER, FILING 2 PLANNED UNIT DEVELOPMENT FILE NO. ZC -00033 WHEREAS, on or about May 7, 1999 the County of Eagle, State of Colorado, accepted for filing the application submitted by S- Mac Miller's Creek L.L.C., A Colorado Limited Liability Company (hereinafter "Applicant ") for to rezone the herein described property in Eagle County from Resource [R] to Planned Unit Development [PUD]; and WHEREAS, at its public hearing held August 18, 1999, the Planning Commission, based on its findings, recommended approval of the proposed Zone Change Amendment from Resource to PUD; and WHEREAS, public hearings were held by the Board of County Commissioners of the County of Eagle, State of Colorado, on August 30, 1999, September 13, 1999, and October 25, 1999; 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 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 1 thenning Commission and the and of County Commissioners. 2 Pursuant to Section 5 -230.D of the Land Use Regulations, in determining whether to adopt, adopt with modifications, or disapprove the proposed amendment [to the Official Zone District Map], the Board of County Commissioners considered the following: (1) Consistency With Master Plans. The proposed PUD amendment and the extent of the proposed PUD amendment ARE generally consistent with the purposes, goals, policies and FLUM of the Master Plan. (2) Compatible-with surrounding uses. The proposed PUD Amendment and the extent of the proposed PUD Amendment ARE compatible with existing and proposed uses surrounding the subject land, and PUD IS the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. (3) Changed conditions. There ARE sufficient changed conditions, and extent of changed conditions, that require an amendment to modify the use or density / intensity. (4) Effect on natural environment. The proposed PUD amendment and the extent of the proposed PUD amendment would NOT result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands. (5) Community need. The proposed PUD amendment and the extent of the proposed PUD amendment DOES address a demonstrated community need. (6) Development patterns. The proposed PUD amendment and the extent of the proposed PUD amendment WILL result in a logically and orderly development pattern and not constitute spot zoning, and the resulting development CAN logically be 2 prov_ d with necessary public f _.pities and services. (7) Public interest. The area to which the proposed PUD amendment would apply, and the extent of the area to which the proposed PUD 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of S -Mac Miller's Creek L.L.C., A Colorado Limited Liability Company, File Number ZC- 00033, for a Zoning Amendment to change from the Resource [R] Zone District to the Planned Unit Development [PUD] Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: See: EXHIBIT A Attached hereto and thereby incorporated herein by reference 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 Map and to provide a copy of this Resolution to the applicant. MOVED, READ AND ADOPTED by the Board of County Commissioners of th ounty of Ea State of Colorado, at its meeting held the day of �, 1999, nunc pro tunc to the 25` day of October, 1999. ATTE Clerk County K to the Board of Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS Tom C. 9tone, Commissioner Commissioner seconded adoption to the foregoing Kresolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips - a.W4f Commissioner James E. Johnson, Jr. Commissioner Tom C. Stone This resolution passed by C3 `O vote of the Board of County Commissioners of the County of Eagle, State of Colorado. M a a Attachment A to Resolution for File ZC -00033 LEGAL DESCRIPTION LEGAL DESGRIP770N A parcel of land located in the Southwest 114 of the Southeast 1/4 and in the Southeast 1/4 of the Southwest 114 of Section 4, Township 5 South, Range 82 West of the 6th Principal Meridian according to this Dependent Resurvey and Survey of said Township and Range accepted September 7, 1977 more particularly described as follower eeginniag at a point, being the South 1/4 corner of Section 4 a 3" brass cap monument found in place, thence along the west line of the Southeast 114 of Section 4 N 02° 01'34" S 12.85 feet; thence departing said west line and along the east line of the Reserve On The Eagle River N 00 0 50'31" Ts 459.96 feet to a point on the Southerly Right- Of-Way S 67 9 38 1 40 0 8 10.14 feet to a point on the west line of the Southwest 114 of section 4; thence continuing along said Southerly right -of -way and along said Westerly line of the Southeast 114 of Section 4 N 02 0 01'34" 8 49.72 feet; thence departing from the Westerly line of the Southeast 114 of Section 4 and continuing along said southerly right-of-way along the are of a non - tangent curve to the left 182.99 feet, having a radius of 1960.00 feet a central angle of 05 0 20 1 57 4 and a chord which bears S 72 0 03'09" 8 182.92 feet to the Northwest Corner of Miller's Creek Subdivision; thence along the Went line of said Subdivision s 02 0 01 1 51" W 469.20 feet to a point on the South line of the Southeast 1%4 of Section 4; thence along said'South line N 89 °00'58" W 175.89 feet To The point of Beginning. COONTY OF SAGLS STATE OF COLORdDO