HomeMy WebLinkAboutR21-025 Zone District Amendment - 77 Bellyache Ridge Road, Wolcott ZC-9113-2020 DocuSign Envelope ID:9F513C28-76A9-4B84-9F15-1B9E23096894
Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021-025
RESOLUTION APPROVING AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF EAGLE
COUNTY FOR 77 BELLYACHE RIDGE ROAD,WOLCOTT
Eagle County File No.ZC-9113-2020
WHEREAS,on or about August 7, 2020 the County of Eagle,State of Colorado,accepted for
filing an application ("Application") submitted by Mervyn Lapin Revocable Trust (the "Applicant")
for an amendment to the official zone district map of Eagle County to rezone the property known as
77 Bellyache Ridge Road,Wolcott,and more particularly described as: •
A parcel of land described in Deed at Book 545 at Page 283 located in Tract 49 of Sections 14,
15, 22 and 23 of Township 4 South, Range 83 West of the Sixth Principal Meridian, Eagle
County,Colorado,described being more particularly described as follows:
Beginning at a point common to the North right of way for Interstate 70, and those lands
described in Book 545 at Page 283,along with the lands described in Book 658 at Page 351,
thence along said North right of way line of Interstate 70,N 51 °19'00"W, 535.00 feet to the
intersection of said North right of way line and the East right of way line of an access road;
thence along the East access road right of way the following three(3) courses:
N 33°24'30"E,331.90 feet;
N 28°20'49"E,213.02 feet;
Along a curve to the left having a radius of 552.50 feet,a central angle of 7°56'09",a
length of 76.53 feet;
Thence departing said East access road right of way and along said lands described in Book
658 at Page 351,the following two(2)courses:
S 73°19'09"E,530.22 feet;
S 29°10'09"W,821.68 feet;to the Point of Beginning,
County of Eagle, State of Colorado (the "Property") from Planned Unit Development ("PUD") to
Commercial Limited ("CL") (the"Zone Change");and
WHEREAS, the Property was previously part of and subject to the Wolcott Planned Unit
Development("Wolcott PUD"),a multi-phase PUD approved on October 15,2013,pursuant to Eagle
County Resolution No. 2013-102, consisting of approximately 373 acres and inclusive of 577
residential units and 156,500 square feet of commercial space. The Wolcott PUD approval expired
1
DocuSign Envelope ID:9F513C2B-76A9-4B84-9F15-1B9E23096B94
due to lack of development,and was formally extinguished on January 7,2020. Pursuant to Section
5-240.3.k.(5) of the Eagle County Land Use Regulations ("ECLUR"),once a PUD is extinguished, the
property is rezoned to the zone district classification in effect prior to the time that the PUD was
originally approved.Accordingly,the purpose of the Application was to request a rezoning from the
expired PUD zone district to the CL zone district,which was the zone district in effect for the Property
prior to the approval of the Wolcott PUD;and
WHEREAS,in accordance with ECLUR Section 5-210.E -Notice of Public Hearings, notice of
the proposed Zone Change was mailed to all owners of property adjacent to the Property 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(the"Board");and
WHEREAS,at its public hearing held on January 20, 2021,the Planning Commission, based
upon its findings,unanimously recommended approval of this proposed Zone Change;and
WHEREAS, at its public hearing held on February 16, 2021 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 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 Zone
Change is in substantial conformance with the 2005 Eagle County Comprehensive Plan as it
advances policies related to general development,economic resources,and infrastructure by
allowing small scale community services such as Banks, Food and Beverage Stores, and
Medical or Dental Clinics.The Zone Change is also in conformance with the 2005 Eagle County
Comprehensive Plan Future Land Use Map (the."FLUM") designation of"Sub Plan Areas",
which relies heavily on recommendations of the adopted sub area plan.The Zone Change is
in substantial conformance with the 2009 Wolcott Area Community Plan (the"WACP").The
Zone Change is also consistent with the WACP Future Land Use Map(the"FLUM")designation
of "Character Preservation" for the Rural Center scenario and "Residential Community
Footprint" in the Residential Community scenario. Both development scenarios of the
WACP's Valley Floor Character Area envisioned the area of the Property as a small scale
commercial node.As a result,the proposed rezoning is consistent with this standard.
2. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2, the Zone Change is
compatible with surrounding uses. The surrounding properties are mostly undeveloped at
this time,however,within short distances of the Property there are limited commercial,light
2
DocuSign Envelope ID:9F513C2B-76A9-4B84-9F15-1B9E23096B94
industrial,and low density residential uses with similar dimensional limitation requirements
as the Property.Also,the Zone Change is compatible with either scenario contemplated for
the Valley Floor Character Area of the WACP,as the CL zone district allows for a smaller scale
site development with the appropriate community serving uses. As a result, the proposed
rezoning is compatible with surrounding uses.
3. Public Benefit. Pursuant to Section 5-230.D.3, staff analyzed whether the proposed Zone
Change addressed a demonstrated community need or otherwise resulted in one or more
particular public benefits that offset the impacts of the proposed uses. The proposed Zone
Change was a down zone from PUD to CL,which occurred as a result of the extinguishment
of the Wolcott PUD. The Application was not accompanied by a specific development
proposal,therefore,the impacts of the CL zone were evaluated based on the allowed uses and
dimensional limitations as compared to the permitted uses for the Property under the
expired PUD zoning for the Property. The CL zone district allows for similar uses and
intensities. Therefore, there is no increase of impacts above and beyond what was
contemplated and approved with the PUD.Based on this evaluation the proposed rezoning is
consistent with this standard.
4. Change of Circumstances.Pursuant to Section 5-230.D.4,the rezoning of the Property is in
response to the extinguishment of the Wolcott PUD which is a material change to the
immediate neighborhood and is therefore consistent with this standard.
5. Adequate Infrastructure. Pursuant to Section 5-230.D.5, the Property can be adequately
served by all necessary public services.The Property has direct access and approved access
permit from Highway 131, a public right-of-way owned and maintained by the Colorado
Department of Transportation. The Property is within the Greater Eagle Fire Protection
District and the Eagle County Sheriffs Department service districts.The Property has water
service from an existing well, however, additional water and wastewater services will be
required to serve any future development proposed for the Property.Development for uses-
by-right will demonstrate water and sewer at building permit application.Development for
uses requiring further land use approval must demonstrate adequate water and wastewater
at time of application.As a result,the proposed Zone Change 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 (Eagle County File No. ZC-9113-2020) is hereby
approved and the Property is hereby rezoned from PUD to the Commercial Limited 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.
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
3
DocuSign Envelope ID:9F513C2B-76A9-4B84-9F15-1B9E23096B94
Eagle,State of Colorado,at its regular meeting held on this 11th day of May,2021 nunc pro tunc
February 16,2021.
%.cE FAQ COUNTY OF EAGLE,STATE OF
44, COLORADO,By and Through Its
s BOARD OF COUNTY COMMISSIONERS
ATTEST: `
DocuSigned�n by:
,¢,,� \ I1�DocuSigned/by:
..._
�40itzt v`'1/r►ut. `OR C/ �� I J'(UAxr
Clerk to the oarci Matt Vcnerr 4'3.._
County Commissioners Chair
DocuSigned by:
6161 acauAlt-r—kwini
k ff'ruff5M6r-Henry
Commissioner
,-DocuSigned by:
`eammacMeQueeney
Commissioner
Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll having been
called,the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
4