HomeMy WebLinkAboutR19-076 Amendment to the Offical Zone District Map of Eagle County - Rezone a 5.58 Acre Parcel File No. ZC-6659 y
Commissioner t-.14.4.-41--41- moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2019- 01
RESOLUTION APPROVING AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF EAGLE
COUNTY TO REZONE A 5.58 ACRE PARCEL FROM RESOURCE TO PLANNED UNIT
DEVELOPMENT
Eagle County File No.ZC-6659
WHEREAS, on or about January 12, 2017 the County of Eagle, State of Colorado, accepted
for filing an application submitted by Red Mountain Ranch Partnership LLC (the "Applicant") for an
amendment to the official zone district map of Eagle County for a 5.58 acre parcel of land located in
the County of Eagle, State of Colorado and more particularly described on Exhibit A attached hereto
and incorporated herein by reference (the "Property"), from Resource to Planned Unit
Development, (the "Zone Change") and;
WHEREAS,the Applicant simultaneously submitted an application for an amendment to the
Red Mountain Parcel L-1 Planned Unit Development ("PUD") to amend the existing PUD Guide to
incorporate the Property into the PUD and to add a solar farm over 80K as a use permitted in the
PUD by special review; and an application for an amendment to the final plat for the PUD to
incorporate the Property into the PUD,and;
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section
5-210.E -Notice of Public Hearings, notice of the proposed Zone Change was mailed to all owners of
property adjacent to the proposed Zone Change and was duly published in a newspaper of general
circulation throughout the County concerning the subject matter of the application and setting forth
the dates and times of meetings for consideration of the applications by the Eagle County Planning
Commission (the "Planning Commission") and the Board of County Commissioners of the County of
Eagle,State of Colorado(the"Board") and;
WHEREAS, at its public hearing held on June 19, 2019 the Planning Commission, based
upon its findings,unanimously recommended approval of this proposed Zone Change,and;
WHEREAS, at its public hearing held on July 30, 2019 the Board considered the proposed
Zone Change, associated plans, the statements and concerns of the Applicant, the Eagle County
Planning Department, Engineering staff, other interested persons, and the recommendation of the
Planning Commission,and;
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County
Community Development Department, comments of public officials and agencies, the
recommendations of the Planning Commission, and comments from all interested parties, the
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Board finds as follows:
THAT, the application for a Zone Change for the Property complies with the standards in
ECLUR Section 5-230.D-Standards for Zone Change,as set forth below:
1. Consistency with the Comprehensive Plan. Pursuant to Section 5-230.D.1.a-c, the
Property will be consistent with the Future Land Use Map (FLUM) of the Eagle Area
Community Plan.This plan identifies the subject Property as Agriculture/Rural Lands.This
proposed zone change will not alter the nature of this use because the Property will be
incorporated in the PUD through the companion PUD Amendment.As a result,the proposed
rezoning is consistent with this standard.
2. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2,this proposal does not
negatively alter the compatibility that was demonstrated in the original approval of the PUD
and Zone Change in 1985.The current residential and agricultural land uses in the PUD are
identical to those on the Property subject to this Zone Change as well as to similar
properties in the vicinity. If a special use permit is sought for the solar farm then
compatibility must be demonstrated for that use at the time of that application.As a result,
the proposed rezoning is compatible with surrounding uses.
3. Public Benefit. Pursuant to Section 5-230.D.3, the PUD Guide removes some of the uses
allowed in the Resource zone district, such as an 1800 square foot ADU. Restricting uses
reduces the intensity of uses on the land.In this case,the public benefit is that no increase in
density or intensity of use is being requested through this rezoning.The proposed rezoning
is consistent with this standard.
4. Change of Circumstances. Pursuant to Section 5-230.D.4, the recent purchase of the
adjacent Horn Ranch by Eagle County Open Space and the designation of surrounding areas
as Community Buffer in the Eagle County Comprehensive Plan help to create increased
compatibility with large acre parcels. Inclusion of the Property into the PUD to create a
larger parcel is therefore consistent with this standard.
5. Adequate Infrastructure. Pursuant to Section 5-230.D.5, all facilities are sufficient to
support this proposed rezoning. Access Permits from both CDOT and Union Pacific have
been provided and been determined by staff to be valid.The site will be served by well and
septic for potable water and sewage disposal. As a result, the proposed rezoning is
consistent with this standard.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County
of Eagle,State of Colorado:
THAT, this application for a Zone Change is hereby approved and the Property is hereby
rezoned from Resource to the PUD zone district, and the official zone district map of Eagle County,
Colorado shall be updated to reflect such change.
THAT, the Board directs the Department of Community Development to provide a copy of
this Resolution to the Applicant.
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THAT,the Board hereby finds,determines and declares that this Resolution is necessary for
the health,safety,and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, on this 22 day of October, 2019, nunc pro tunc July 30, 2019.
COUNTY OF EAGLE,STATE OF
oF EAGlF COLORADO,By and Through Its
��c BOARD OF COUNTY COMMISSIONERS
ATTEST:
�p.� l411
14-0
Clerk to the Board J ne McQueeney
County Commissioners Chair
Kathy Chandler-Henry
Commissioner
—711 -41
Matt Scherr
Commissioner
Commissioner VIVA U ULs tt4$ econded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner McQueeney 14.14 '
Commissioner Chandler Henry �-"'4I
Commissioner Scherr
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EXHIBIT A
Legal Description of the Property
Parcel L,Red Mountain Ranch Filing No.4,according to the plat recorded May 20, 1985 in Book 414
at Page 480,County of Eagle,State of Colorado.
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