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HomeMy WebLinkAboutR05-118 zone change for portion of Eaton Ranch Subdivision Parcel A Commissioner ~o; moved adoption of the follow' g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - APPROVAL OF THE ZONE CHANGE FOR A PORTION OF PARCEL A, EATON RANCH SUBDIVISION File No. ZC-00075 WHEREAS, on or about June 14,2005, the County of Eagle, State of Colorado, accepted for filing an application submitted by Bruce Eaton and Grimshaw Edwards, LLC, (hereinafter "Applicant") to re-zone the herein described property in Eagle County from the Resource [R] Zone District to the Resource Limited [RL] Zone District per File No. ZC-00075; and, WHEREAS, at its public hearings held on August 17,2005, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed Zone Change froill Resource to Resource Limited; and WHEREAS, at its public hearings held August 30, 2005, the Board of County Commissioners of the County of Eagle, State of Colorado, has considered the evidence, testimony, exhibits, the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development and the Eagle County Engineering Department, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties. BASED ON THE EVIDENCE BEFORE IT, the Board finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Eagle County Planning Commission and the Board. 1 Pursuant to Eagle County Land Use Regulations, Section 5-230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District Map: 2. Consistency With Master Plan. The proposed PUD is consistent with the purposes, goals, policies and Future Land Use Map of the Master Plan; 3. Compatible with surrounding uses. The proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; 4. Changed conditions. There are changed conditions that require an aillendment to modify the present zone district and/or its densitylintensity; 5. Effect on natural environment. The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not liillited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. 6. Community need. It has been demonstrated that the proposed amendment meets a community need. 7. Development patterns. The proposed amendment will result in a logical and orderly development pattern, does not constitute spot zoning, and may logically be provided with necessary public facilities and services; and 8. Public interest. The area to which the proposed amendment would apply 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Bruce Eaton and Grimshaw Edwards, LLC, File No. ZC-00075, for a Zoning Amendment to change from the Resource [R] to the Resource Limited [RL] Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: See Exhibit "A" and Exhibit "B" attached hereto and thereby incorporated herein by reference 2 THAT the Board of County Commissioners directs the Director of Community Developillent to enter this amendment on the appropriate page of the Official Zone District Map and to provide a copy of this Resolution to the applicant. THE BOARD further 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 commissio~ County of Eagle, State of Colorado, at its regular illeeting held the (3 day of 2005, nunc pro tunc to the 30th day of August 2005. COUNTY OF EAGLE, STATE OF COLO , By and Through Its ATTEST: BO OUNTY COMMISSIONERS Clerk of the Board of County Commissioners Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M Menconi ~ Commissioner Peter F. Runyon Comillissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 3 LEGAL DESCRIPTION Vacated Portion of Parcel A, Eaton Ranch A parcel ofland located in Section 5, Township 5 South, Range 82 West of the 6th Principal Meridian also being within Parcel A, Eaton Ranch recorded at Reception No. 883785 at the Eagle County Clerk and Recorder's Office, Eagle, Colorado, with the bearings descn'bed herein based on a bearing ofSSgo44'13''E for the North line of said Section 5 between the North 1/4 Comer, being a 3 1/4 inch brass cap on 2 1/2 inch iron pipe and the East 1/16 Comer, being a 2 1/2 inch brass cap on 2 inch iron pipe, said parcel being more particularly described as follows: Beginning at the northwest comer of said Parcel A from which said North 1/4 Comer bears N22"Sl W~,m:03feet; thence 4epamng said northwest comer along a line common to said Parcel A and Parcel B of said Eaton Ranch Slgct19'04"E, 197.30 feet; thence N74012 '25"W, 119.06 feet to a point on the northwest boundary of said Parcel A; thence along said northwest boundary N18018'20"E, 1 07.76 feet; thence N16042' 11 "E, 53.75 feet to the Point of Beginning. Said parcel containing 0.219 acres, more or less. Exhibit "A" Of Eaton Ranch EAGLE COUNTY Zone Change - R to RL 9,539.64 s.f. Area Rezoned R to RL tTI ;x: ;::r [ Portion of lot t:d line re-aligned . by AFP-00220