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R89-110 Basalt Trade Associates prelimninary plan for Oak Grove Townhouses�°- 3qq Commissioner Gates moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- IN RE THE MATTER OF THE APPLICATION OF BASALT TRADE ASSOCIATES FOR PRELIMINARY PLAN OF THE OAK GROVE TOWNHOUSES, PHASE III, PLANNED UNIT DEVELOPMENT FILE NO. PD- 256 -89 WHEREAS, on or about August 1, 1989, the County of Eagle, State of Colorado, accepted for filing an application submitted by Basalt Trade Associates (hereinafter "Applicant ") for approval of the PUD Preliminary Plan of Oak Grove Townhouses, Phase III, lots 26 & 27 of the Basalt Industrial Park, Filing II, El Jebel, Colorado, File No. PD- 256 -89 and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on September 26, 1989; and WHEREAS, based on the evidence, testimony, exhibits, study of the Master 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 the Eagle County Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided, as required by law, for the hearing before the Planning Commission and Board of County Commissioners. 2. That an environmental impact statement is not required. 3. That information required by the Board of County Commissioners at Sketch Plan is not applicable. 4. That the proposed PUD control document is satisfactory. S 5. That an appropriate zone change application has been received. 6. That the proposed rezoning is consistent with the Master Plan. 7. That the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 8. That the advantages of the use requested outweigh the disadvantages. 9. That the area for which the rezoning is requested 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. 10. That the proposed rezoning is necessary in order to provide land for a demonstrated community need. 11. That for the above stated reasons, the proposed rezoning is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Eagle County, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Basalt Trade Associates for Preliminary Plan of the Oak Grove Townhouses, Phase III, Planned Unit Development be and is hereby granted with the following condition: 1. Prior to Final Plat approval for Phase III of the Oak Grove Townhouses, the applicant shall receive zone Change and Final PUD approval for lot 28 of the Basalt Industrial Park, Filing II. The applicants shall submit an acceptable PUD control document for this lot outlining low impact commercial type uses. The purpose of this zone change to PUD shall be to outline uses compatible with high density residential development and which will serve as a buffer between residential and industrial uses. THAT, the Board directs the Director of the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the office of the Eagle County Clerk and Recorder. S THAT, the Board 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 1 9 day of 0 e-7 - 6 b-2.C- , 1989, nunc pro tunc to tHe 26th day of Septem erg 1989. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: 4 b5L?/!T Richard L. Gustafson Chairman W Donald H. Welch Commissioner GeOrgVA. Gates Commissioner Commissioner Welch seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson - --eA Commissioner Donald H. Welch Commissioner George A. Gates q- 1t This Resolution passed by ' q '4 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.