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HomeMy WebLinkAboutR14-057 Salt Creek Ranch Lots 1 and 3 Zone District Amendment Approval Commissioner 9 - I4-tom,flefved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014- V CJ APPROVAL OF A ZONE DISTRICT AMENDMENT FOR THE "SALT CREEK RANCH LOTS 1 AND 3 FROM AGRICULTURAL RESIDENTIAL ON LOT 1 (AR)AND RESOURCE ON LOT 3 (R) TO RESOURCE LIMITED ZONING FILE NO. ZC-4354 WHEREAS,on June 17, 2013, Peggy Brasington and Jason Hershman (hereinafter the "Applicant")submitted a request to the Board of County Commissioners(hereinafter the"Board")to amend the Official Zone District Map for Eagle County, Colorado; and WHEREAS,the Applicant specifically requested to rezone the real property known as Salt Creek Ranch Lots 1 and 3, described under Exhibit "A" attached hereto and incorporated herein, consisting of 24.89 acres and located at 2980 Salt Creek Road in the Salt Creek Ranch Subdivision (the "Property"), from Agricultural Residential (AR) Zone District on Lot 1 and the Resource(R) Zone District on Lot 3 to Resource Limited (RL) Zone District for both Lots; and WHEREAS, the Applicant's request for a rezoning was submitted in conjunction with an application for a Special Use Permit(Eagle County File ZS-4356), and a request for approval of an Amended Final Plat to combine Salt Creek Ranch Lots 1 and 3 to create one lot known as "Lot 1" (Eagle County File AFP-4353)to allow for the operation of a dog kennel; and WHEREAS, a Final Plat for Subdivision for Salt Creek Subdivision was approved on October 23, 2007, and subsequently recorded on September 5, 2008, at Reception Number 200819194, in accordance with Eagle County Land Use Regulations (the "Final Plat"), creating three (3) lots. The Final Plat additionally memorialized the existing residence built on Lot 1, the associated building envelope for Lot 2, an Agricultural Parcel on Lot 3, and associated easements (Eagle County File No. SMA-00029); and Page 1 of 4 WHEREAS, the Eagle County Planning Commission (hereinafter the "Planning Commission")held public hearings on the application on September 18,2013,October 16,2013 and November 20, 2013. On November 20, 2013, the Planning Commission, based on its findings, unanimously voted to recommend approval of Eagle County File No.ZC-4354,with conditions;and WHEREAS,at a public hearing held on January 7,2014,the Board approved the request for rezoning with conditions, and concurrently approved the Applicant's request for a Special Use Permit and for an Amended Final Plat. The Amended Final Plat was recorded on June 13,2014,at Reception Number 201409785,in accordance with Eagle County Land Use Regulations,combining Lots 1 and 3 and creating Lot 1, consisting of 24.89 acres; and NOW THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive 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 Planning Commission,and comments from all interested parties,the Board finds as follows: THAT, proper publication and public notice were provided as required by law for hearings before the Planning Commission and the Board, and; THAT,pursuant to Eagle County Land Use Regulations, Section 5-230.D. Standards for a Zone Change: STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.1] The proposed amendment DOES consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and IS consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designation. STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2] The proposal DOES provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property; dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. STANDARD: Public Benefit. [Section 5-230.D.3] The proposal DOES address a demonstrated community need or otherwise results in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. Page 2 of 4 STANDARD: Change of Circumstances. [Section 5-230.D.4] The proposal DOES address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. STANDARD:Adequate Infrastructure. [Section 5-230.D.5] The property subject to the proposal IS served by adequate roads, water, sewer and other public use facilities. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado,that the Zone District Amendment(Eagle County File No.ZC- 4354) for the"Salt Creek Ranch Lots 1 and 3", located in Eagle County, Colorado, as described under Exhibit"A"attached hereto,is hereby APPROVED subject to compliance with the following condition: 1. Except otherwise modified by this development permit, all material representations made by the Applicants in this application and in public meeting shall be adhered to and considered conditions of approval. 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. THAT the Board hereby 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 4 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 'i vt,\-1 2014, nunc pro tunc the 7th day of January, 2014. �J COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its o3.ft ' OF COUNTY CO ■ - IONERS ATTEST: _ �o i By: � Teak J. Simonton '' /Ian H. Ryan, Chairman Clerk to the Board of County Commissioners , /604_, - v By: jaAa_ Sara J. Fishe , Commissioner By , /_ / / / G Kathy 10 andler-Henry, Commission Commissioner `�'1 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher Commissioner Jillian H. Ryan Commissioner Kathy Chandler-Henry eth This Resolution passed by 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 4 of 4 .. .W IQ N rysl 11 i•W ��. 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