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HomeMy WebLinkAboutR93-030 denial of zone district amendment for Edwards Building CenterCommissioner. L :JZ�00�2� moved adoption of the f flowing Resolution: RESOLUTION OF THE a BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 93-_3Q_ DENIAL OF ZONE DISTRICT AMENDMENT B &D Limited Partnership /Edwards Building Center FILE NO: PD- 310 -92 WHEREAS, B &D Limited Partnership did file an application with the Eagle County Department of Community Development on or about December 15, 1992, to rezone the herein described property in Eagle County from Resource to Planned Unit Development in order to legalize a pre- existing non - conforming use and allow for expansion; and WHEREAS, at its public hearings held on February 3 and March 3, 1993, the Planning Commission, based on its findings, recommended denial of the proposed Zone District Amendment; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on March 9, 1993; and WHEREAS, based on the evidence, testimony, exhibits, study of the Eagle County Master Plan and the Edwards Sub -Area Plan, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the 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 consistent with the Eagle County Master Plan and the Edwards Sub -Area Plan. 3. That the area in question does not possess the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 4. That the advantages of the use requested do not outweigh the disadvantages. 500895 B -604 P -810 03124193 10:36 PG 1 OF 4 REC DOC SARA J. FISHER EAGLE COUNTY CLERK, COLORADO 0.00 0.00 5. Thal there is conceptual evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. 6. A) That the area for which the rezoning is requested has not changed to such a degree that it is in the public interest to encourage a new use or density in the area. B) That the proposed rezoning is not necessary in order to provide land for a demonstrated community need. 7. That for the above stated 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, Colorado. In addition, the proposal does not meet the standards and requirements, of Section 2.06.13, Planned Unit Development District: a) The PUD is not consistent with the intent of the Master Plan and the Edwards Sub -Area Plan and policies therein. b) The design and construction of the PUD does not include adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off- street parking and loading space. C) Access is adequate for the existing development but may not be adequate for expanded use. Fire protection appears to be adequate. The setbacks proposed are not adequate to insure compatibility with other development in the area. d) There is no open space proposed within the PUD. e) The developer has provided within the PUD central water and sewer facilities. f) The development does not provide for mixed land uses, such as, recreational and educational facilities. g) The site is not large enough and the applicant has not proposed to provide clustered buildings, open space and variety in type, design and layout of buildings. h) Maximum height of structures has been proposed to be 25 feet. 3. Criteria for Evaluation of the PUD The Edwards Building Center Planned Unit Development is not in conformance with the following criteria which shall be utilized by the Planning Commission and the County Commissioners in evaluating a Planned Unit Development: 2 a) Open Space - It is recommended that a minimum of 25 percent of the total PUD area be devoted to open air recreation or other usable open space, public or quasi - public. The applicant failed to comply with this criteria. b) Residential Density - N/A C) Density of Other Uses - N/A d) Architecture - N/A e) Mixed Uses - The PUD proposed retail, commercial with outside storage, offices and one caretaker unit. No recreational or educational amenities are proposed. f) Minimum Area - The PUD is proposed for a parcel of land less than 5 acres in area, and thus, does not meet minimum area requirements. g) Maintenance of Open Space - Open Space was not proposed as part of this PUD. h) Employee Housing - The applicant proposed one employee /caretaker unit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of B &D Limited Partnership, File Number PD- 310 -92, for a Zoning Amendment to change from the Resource Zone District to a Planned Unit Development Zone District be and is hereby denied for the following described property located in the unincorporated area of Eagle County: 33636 Highway 6, Tax Parcel Number 2105 - 052 -00 -002 THAT the Board of County Commissioners directs the Director of the Department of Community Development to provide a copy of this Resolution to the applicant. 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the '2.3 day of q�:X, 199_x, nunc pro tunc to the 9th day of March, 1993. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS BY: E. Commissioner of the foregoing resolu as follows: . The ro Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Gates, , Commissioner rbn seconded adoption g been called, the vote was This Resolution passed by a S -0 vote Commissioners of the County of Eagle, State of 9 of the Board of County Colorado.