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R89-111 Duncan Conway amendment for Creamery Gulch PUD3 T 8 sjb Commissioner C 47t - 2 5 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- J/ IN RE THE MATTER OF THE APPLICATION OF DAVID B. DUNCAN AND JOHN CONWAY FOR AMENDMENT OF THE CREAMERY GULCH RANCH PLANNED UNIT DEVELOPMENT FILE NO. PD- 231 -89 -A WHEREAS, on or about July 28, 1989, the County of Eagle, State of Colorado, accepted for filing an application submitted by David B. Duncan and John Conway (hereinafter Applicant) or amendment of the Creamery Gulch Ranch Planned Unit Development, (hereinafter the "PUD "), File No. PD- 231 -89 -A; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the Creamery Gulch Ranch PUD Guide to replace the Primary "Use by Right" (single family dwelling) on Lots 1 and 2 with a new use (duplex dwelling); and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD 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 hearings for consideration of the application by the Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meeting held September 20, 1989, the Planning Commission, based upon its findings, recommended denial of the proposed PUD amendment; and WHEREAS, at its regular meeting held September 26, 1989, the Board considered the PUD amendment application, associated plans and the statements and concerns of the Applicant, the Public, and the Eagle County staff. Based on the evidence before it, THE BOARD FINDS AS FOLLOWS: 1. That the proposed amendment to the Creamery Gulch Ranch Planned Unit Development is not consistent with the efficient development and preservation of the entire Pun. Page Two 2. The proposed amendment would affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest. 3. Granting of the proposed amendment would confer a special benefit on the applicants. 4. Although the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested, the proposed rezoning is not consistent with the Eagle County Master Plan, nor do the advantages of the use requested outweigh the disadvantages. 5. Conceptual evidence has been provided to show that the land has access and can be serviced with water and sewage disposal systems appropriate with the new use requested. 6. The area for which rezoning is requested has not changed and is not changing to such a degree that it is in the public interest to encourage a new use or density in the area. 7. The proposed rezoning is not necessary in order to provide land for a demonstrated community need. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF E AGLE , STATE OF COLORADO: THAT, the application submitted by David B. Duncan and John Conway for amendment of the Creamery Gulch Ranch Planned Unit Development be and is hereby denied. 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. t 1 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 (qobe COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: 10)5 -eA Richard L. Gustafson Chairman \ �� hi Do a . Welc Commissioner Geor A. G ates Commissioner Commissioner �j-e'l 4") seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson b52f�� Commissioner Donald H. Welch - Commissioner George A Gates q �� This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado.