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R85-04 denial of zone change Lake Creek Squaret RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 85-4 DENIAL OF ZONE CHANGE AMENDMENT - Lake Creek Square Jack A. Witkin FILE 90-: - ZC- 205 -84 WHEREAS, i -plan, inc. did file a petition with the Eagle County Department of Community Development on or about October 15th, 1984 to rezone the herein described property in Eagle County from Resource Zone District to Commercial General Zone District; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on December 11th, 1984, 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 the Board of County Commissioners. 2. That the proposed zoning is not in compliance with the recommendations set forth in the Master Plan for the unincorporated area of the County. 3. That the proposed land use will not be compatible with existing and permitted land use in all directions. t 4�w 4. That the area in question does not possess the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 5. That the disadvantages of the use requested outweighs the advantages. 6. That changing conditions clearly do not require an amendment to the Zone District designation presently placed on the subject property. 7. That the proposed rezoning is riot necessary in order to provide land for a demonstrated community need in zoning 8. That there is a need for reasonable stability 9. That for the above - stated and other reasons, the proposed zoning is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: That the petition of Lake Creek Square, File No: ZC- 205 -84 for a zoning amendment to change from Resource Zone District to Commercial General Zone District be and is hereby denied relative to the following described property located in the unincorporated territory of Eagle County: LEGAL ATTACHED i MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting this da y of ( 19 i �C� { -� ��� � •;3 nunc pro tunc to 11th day of December 19 84 COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COBRUY COMMISSIONERS Johnnette Phillips'- David E. Mott,- Chairman Clerk to the Board of County Commissioners Donald H, Welch, Commissioners d L! Gustafson', Commissioners LEGAL DESCRIPTION Lake Creek Square A parcel located in the Northwest Quarter (NW1 /4) of Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Dependent Resurvey of said Township and Range as approved on September 7, 1977; said parcel being more particularly described as follows: Beginning at a "point on an existing fenceline, from which the North Quarter Corner of said Section 5, a brass cap monument found in place, bears N.35042 "20 "E. 1540.44 feet distance; thence 5.43057 "16 "W. 427.60 feet; thence 5.87004 "56 "W. 207.75 feet to a point on the West Line of the Southeast Quarter of the Northwest Quarter (SE1 /4,NW1/4) of said Section 5; thence along said West line 5.01058 "40 "W. 680.00 feet to a point on the Northerly Right -of -Way Boundary of U.S. Highway No. 6; thence along said boundary N.76035'08 "W. 120.00 feet; thence departing said boundary N.01058 "40 "E. 340.00 feet; thence S.76035 "08 "E. 120.00 feet to the West line of the Southeast Quarter of the Northwest Quarter (SEl /4,NW1 /4) of said Section 5 containing 40,800 square feet (0.936 acres), more or less.