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HomeMy WebLinkAboutR14-095 Edwards Station, LLC Zone District Amendment Commissioner Ci4-b4-07 - moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014- 9 APPROVAL OF A ZONE DISTRICT AMENDMENT FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL GENERAL ZONING FILE NO. ZC-5001 WHEREAS, on October 21, 2014, Edwards Station, LLC (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 approximately.5 acres,legally described at Exhibit "A" and more particularly described at Exhibit "B", attached hereto and incorporated herein, located at 436 Edwards Access Road in Edwards, Colorado, from PUD Zone District to Commercial General(CG)Zone District. The approximately.5 acres, previously part of the Berry Creek/Miller Ranch PUD,was subdivided and removed from the PUD through associated Planning File SMB-5000, and; WHEREAS,the Applicant is proposing to expand the existing Edwards Station, located at 436 Edwards Access Road in Edwards Colorado, by incorporation of the approximately .5 acres into the Edwards Station site through associated Planning Files PDA-5002, ZS-4957 and AFP-5019, and; WHEREAS, at a public hearing held on November 20, 2013, the Eagle County Planning Commission unanimously voted to recommend approval of Eagle County File No. ZC-4354, with conditions, and; WHEREAS,at a public hearing held on October 21,2014,the Board approved the request with conditions, and concurrently approved the Applicant's requests for a Special Use Permit, a Minor B Subdivision,which created the Edwards Station Parcel,and a request for an Amended Final Plat, which incorporated the Edwards Station Parcel into the Edwards Station site. The Minor B Subdivision was recorded on November 3, 2014, at Reception Number 201418906, in accordance with Eagle County Land Use Regulations.The Amended Final Plat was recorded on November 6, 2014, at Reception Number 201419125, in accordance with Eagle County Land Use Regulations, creating one (1) approximately .5 acre lot, 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 Planning Commission deliberations, 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; 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. 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- 5001) for the rezoning of approximately .5 acres located at 436 Edwards Access Road in Eagle 2 County,Colorado,legally described at Exhibit"A"and more particularly described at Exhibit"B", 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 Applicants. 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. MOVED, READ AND ADOPTED by the Board of CountyS}p missioners of the County of Eagle, State of Colorado, at its regular meeting held the 1 !day of December, 2014, nunc pro tunc the 21st day of October, 2014. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS of"64c ATTEST: p(' .%)2 1, j , --____-- By: ak J. Simonton �s�aa ''Tian H. Ryan, Chai r'an Clerk to the Board of County Commissioners By: 05%-r. ,Ai v f% Sa . J. Fis ter Comm' ..ione By: A lL / _ Kathy 19 andler- Henry, Commission Commissioner d.-- seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher ►L- Commissioner Jillian H. Ryan 14-1A. ' Commissioner Kathy Chandler-Henry �., fr lb vote of the Board of Count Commissioners of the Count This Resolution passed by County County of Eagle, State of Colorado. 4 Property to be Re-zoned Property Description: A parcel of land lying within Tract B, Berry Creek— Miller Ranch Planned Unit Development, according to the plat thereof recorded at Reception No. 799649, County of Eagle, State of Colorado, described as follow: Beginning at a point on the southerly right-of-way of Interstate 70, said point being the northwest corner of said Tract B and marked with a #5 rebar and 1 %" aluminum cap, L.S.#24325; thence along said right-of-way S69°50'14"E 152.25 feet; thence departing said right-of-way S14°15'20"W 79.17 feet; thence S48°35'21"W 24.94 feet; thence S89°18'57"W 156.79 feet; thence N53°24'16"W 46.19 feet to a point on the westerly line of said Tract B; thence along said westerly line N36°35'44"E 149.52 feet to the point of beginning, containing 0.5325 acres, more or less. 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