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HomeMy WebLinkAboutR04-078 Eaton Ranch Zone Change Approval Commissioner i moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 04 - APPROVAL OF THE ZONE CHANGE FOR EATON RANCH File No. ZC -00067 WHEREAS, on or about March 9, 2004, the County of Eagle, State of Colorado, accepted for filing applications submitted by Bruce C. Eaton and Grimshaw- Edwards, LLC, (hereinafter "Applicant ") to re -zone the herein described property in Eagle County from the Resource [R] Zone District to the Resource Limited [RL] Zone District per File No. ZC- 00067; and, WHEREAS, at its public hearings held on June 16, 2004, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed Zone Change from Resource to Resource Limited; and WHEREAS, at its public hearings held July 6, 2004, 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. BASED ON THE EVIDENCE BEFORE IT, the Board finds as follows: 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. Pursuant to 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: 1 II II II I III I III III I 884522 Page: 1 of 6 07/19/2004 12:16P 'teak J Simonton Eagle, CO 370 R 0.00 D 0.00 2. Consistency With Master Plan. The proposed amendment is consistent with the purposes, goals, policies and Future Land Use Map of the Master Plan; 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; 4. Changed conditions. There are changed conditions that require an amendment to modify the present zone district and/or its density/intensity; 5. 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. 6. Community need. It has been demonstrated that the proposed amendment meets a community need. 7. 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 necessary public facilities and services; and 8. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Bruce C. Eaton and Grimshaw-Edwards, LLC, File No. ZC-00067, for a Zoning Amendment to change from the Resource [R] to the Resource Limited [RL] 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 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 applicant. 2 THE BOARD further finds, determines and declares 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 , 2004, nunc pro tunc to the 6t" day of July, 2004. ATTEST: BY: County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: Tom C. Sto e, C airman BY: M' ae L. Gallagher, m issioner B ' 'Ark M Menconi, Commissioner p Commissioner '~~~~'''-~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi ~l Commissioner Tom C. Stone This Resolution passed by ~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 3 Clerk of the Board of I' Exhibit "A'° Legal Description Parcel B, Eaton Ranch (Proposed) A parcel of land located in Section 5, Township 5 South, Range 82 West of the 6th Principal Meridian, with all bearings contained herein based upon a bearing of S89°44' 13"E as measured between the North Quarter Corner of said Section 5, being marked on the ground by a 3 1 /4" BLM brass cap on a 2 1 /2" iron pipe, dated 1972, and the East Sixteenth Corner between said Section 5 and Section 32, Township 4 South, said Range 82 West of the 6th Principal Meridian, being marked on the ground by a 2 1/2" brass cap on a 2" iron pipe, LS #2568, being more particularly described as follows: Beginning at a point on the south right-of--way line of the Union Pacific Railroad, also being the northeast corner of the B&B Parcel, recorded in the office of the Eagle County Clerk and Recorder in Book 520 at Page 620, from where said North Quarter Corner of Section 5 bears N28°11'08"E, 429.72 feet; thence along said south right-of--way line the following two (2) courses: 1) 362.44 feet, along anon-tangent curve to the left having a radius of 5829.65 feet, a tangent of 181.28 feet, a delta of 3°33'44" and a chord of 362.38 feet which bears S64°29' 19"E, 2) S66° 16' 10"E, 1102.50 feet, to a point on the north right-of--way line of County Road; thence leaving said south right-of--way line, along said right-of--way of County Road and the Eaton Homesite Exemption, recorded in said office in Book 374 at Page 592, the following two (2) courses: 1) SO 1 ° 18' 13"W, 842.66 feet, 2) S49°35'36"E, 216.29 feet, to a point on the south line of said Eaton Homesite Exemption, also being the northern most corner of the Edwards Plaza, recorded in said office in Book 464 at Page 513 and the centerline of the Eagle River; thence leaving said south line along said centerline of the Eagle River, the following seventeen (17) courses: 1) N57°41'50"W, 207.95 feet, 2) N66°22'50"W, 101.91 feet, 3) N71°34'17"W, 115.40 feet, 4) N49° 14'49"W, 87.31 feet, 5) N28°18'35"W, 101.00 feet, 6) N43°55'47"W, 85.48 feet, 7) N67°01'08"W, 81.76 feet, 8) N61°19'25"W, 108.25 feet, 9) N51°21'02"W, 131.42 feet, 10)N35°50'52"W, 75.94 feet, 11) N21 °25' S7"W, 96.75 feet, 12)N13°27'12"W, 107.84 feet, 13)N19°25'13"W, 124.97 feet, 14) N35°00'07"W, 111.34 feet, 15)N57°44'02"W, 128.12 feet, 16) N86°03'23"W, 132.60 feet, 17) S75°01'53"W, 256.81 feet; thence departing said centerline of the Eagle River, N19°19'04"W, 197.30 feet, to the east line of said B&B Parcel; thence along said east line, N16°42' 11"E, 373.36 feet, to the Point of Beginning. Said Parcel B contains 20.008 acres more or less. o . ' st ~•. • ~ e ~ames S. Ku el: ./P.L. s ~Pr~side~~ ; Johnson, Ku el't~ Associ~ ~ 2 Date .,,' c0 0o v rn r cn ~ ~ ~ w ~ N ~ .~ ,~ r O r co r oD r ~ r rn r v, r ~ r t~ r N r m _ I ~ N N ~ ~ -' ~ co O w (Jl -' W -' ~ ~ w Ut ~ ~ ~ v ~ (Ii ~ ~ N ~ ~ O m Z fTl ~ ~ O O ~ ? ~ ~ N N O~ OO ' O ~ ~ ~ O O N ~ lt C O - (n c0 = D Z (n Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z (n ~ ca v cn 00 rn (1~ .i W cn ~ ca -+ w N W cn (n p O) .i ~ W N oo •P ca ~ ~ O rn (J1 ~ -P ca ~ ~,.~ f rTl -' O O ~ O N N tJ (~i 1 ~ p Ui ~ (,W {~i ~i ~;y D ~ W -P O CJi ~I C7~ O p C7i W -P •P N (Tt ~ O C7~ N O O -' C7~ (r O N O ~ W ~ ~ Ul U1 W Z ~'_ W W N v W N ~I N N Ln OD ~I Cn cD ~I O O m O `z ~ ~ `L ~ ~ ~ ~ ~ ~ ~ `2 ~ ~ ~2 `z ~ `2 fTl •\C ti THE EDWP,RDS FROJEC'T Fil_,N~ N0. 2 - QLD EDWARDS ESTATES Book 318, pace 172 CI~J ("1 //^^ T v ~V' n , !!ti_O ~ ~~ Qv, V !~ ~ Q ~~ ~~ L7 c ~^ ~~ Q C7 CD m 0 o p~ x cn ~ r,? Gp ~~ o D ~~ ~ n fTt 6ri- hJ C1 ~ ~ fTl O X ~ ~ ~ Q Cn r--H Q ~ ~/ Q n 2 ~ O ~ Z 7 ~ O ~ ~ N ~~ ~ ~ ~ p W ~ \ r -• ~ W (~ _ l _ ~ ~~ ~~ ~ ~ ~ 1 a ~ r ~ n (a ~ .+ . V o N ~ 7 ~~ N ~ ~• ~~ (.,J ca ~ l .~' M ~_IIW Q1 lrn ~• QQ i ~ -,i m o _ ~~ zNa•~ ~, n \ ~ N o Ul ~ ~ ~ ~ ~ _~ rnv N~1 N 0 (~D ~ (n rn cNi, z o ~mx-~ o n m a ~ a~ ~ o w ~ N Johnson Kunkkel DRAWN BY SLM y & Associates, 1110. -~.~•~ ` errainVisio SCALE CHECKED BY.• SHEET .;f r: ,'i#ut~~•rrI •,x `.:e; 1 321. _ /OB NO.: EA04018 LAND SURVEYING MAPPING P.o. eox aos, 1286 CHAMBERS AVE., p2oo EAGLE, CO 81631 DATE.• 5/16 04 ~ STRUCTURAL & CIVIL ENGINEERING PHONE: (970) 3WWWJI3G4tJ~AF O~(970~ 328-1035 300 ft DRAWING NO.: Porce/ B OF