HomeMy WebLinkAboutR02-082 approval of zone district amendmenty for Pilgrim Downs BBK SubdivisionC
Commissioner t, moved adoption
Of the f lowing Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 - K)Rd
APPROVAL
OF THE PILGRIM DOWNS PUD / BBK SUBDIVISION
ZONE DISTRICT AMENDMENT
FILE ZC -00052
WHEREAS, on or about December 3rd, 2001, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Joseph and Joan Goltzman, Lot 813, BBK
Subdivision and Dennis and Gail Mathisen, Lot 16, Pilgrim Downs PUD (hereinafter
"Applicants ") for approval of a Zone Change on a portion of Lot 813 of the BBK Subdivision,
Eagle County File No. ZC- 00052; and,
WHEREAS, a PUD Amendment of the Pilgrim Downs PUD, Eagle County File no.
PDA- 00036, as well as an Amended Final Plat, Eagle County File no. AFP -00140 were also
applied for in conjunction with the Zone Change application; and
WHEREAS, the owner of Lot 16, Pilgrim Downs PUD, inadvertently constructed
improvements (retaining wall, landscaping, etc) on Lot 8B, BBK Subdivision, outside of the
designated access easement which crosses lot 813; and
WHEREAS, the owners of Lot 8B, BBK Subdivision, have agreed to sell a portion of
their lot, which contains said improvements, to the owners of Lot 16, Pilgrim Downs PUD.
WHEREAS, approval of the application would change the zoning of the (approximately)
2.2 acre portion of the BBK Subdivision, from its existing Resource Limited (20 acre minimum)
designation to (Pilgrim Downs) Planned Unit Development. The parcels are described as
follows:
A portion of Lot 8B, BBK Subdivision, 2419 Colorow Rd,
and Lot 16, Pilgrim Downs PUD, 0975 Pilgrim Drive
M
WHEREAS, at its public hearing held May 1 S` , 2002, the Eagle County Planning
Commission, based on its findings, recommended approval of the Zone Change application; and
Page - 799505
Page: 1 of 4
06/24/2002 02:15P
Sara J Fisher Eagle, CO 370 R 0.00 D 0.00
C l) #
WHEREAS, a public hearing was held by the Board of County Commissioners
(hereinafter the 'Board ") of the County of Eagle, State of Colorado, on May 14` 2002; 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
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado, finds as follows:
That proper publication and public notice were provided as required by law for the
hearings before the Planning Commission and the Board; and,
Pursuant to Eagle County Land Use Regulations Section 5- 230.D., Requirements for
a Zone Change Standards for Amendment to the Official Zone District Map:
1. Consistency with the Master Plan. The proposed zone change designation IS
consistent with the purposes, goals, policies and FLUM of the Eagle County
Master Plan.
2. Compatible with surrounding uses. The zone amendment IS compatible with
the uses that surround the applicant's property, and IS the appropriate zone
district for the land.
3. Changed conditions. There ARE changed conditions that require an amendment
to modify the density and intensity.
4. Effect on natural environment. The proposed amendment WILL NOT result in
significantly adverse impacts to the natural environment.
5. Community need. The proposed amendment DOES address a community need.
6. Development patterns. The proposed amendment WILL result in a logical and
orderly development pattern and not constitute spot zoning. Further, the resulting
development can logically be provided with necessary public facilities and
services.
7. Public interest. The extent to which the area to which the amendment would
apply HAS changed and continues to change is such that it is in the public interest
to encourage a new density in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
Page 2 of 3
i C
THAT the petition of the approval of the application would change the zoning of the
(approximately) 2.2 acre portion of the BBK Subdivision, from its existing Resource Limited (20
acre minimum) designation to (Pilgrim Downs) Planned Unit Development,
SEE ATTACHED EXHIBIT "A"
THAT the Board of County Commissioners directs the Director of the Department of
Community Development to enter this amendment on the appropriate page of the Official
District (Zoning) Map and to provide a copy of this Resolution to the Applicant.
THAT, the Board hereby 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 Commis ' ners of the
County of Eagle, State of Colorado, at its regular meeting held the /��ay o�2002, nunc
pro tunc to the 14 day of May, 2002.
BY:
Tom C. St ne, Commissioner
Commissioner 6��.4 seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Michael L. Gallaghe
Commissioner Am M. Menconi
Commissioner Tom C. Stone
This Resolution passed by _ — y vote of the Board of County Commissioner of the County of
Eagle, State of Colorado.
Page 3 of 3
Exhibit "N' C,
BBK/PILGRIM DOWNS ZONE CHANGE
New Portion of
j Lot 16, Pilgrim Downs PUD. i ` --
Formally, a Portion of
Lot 8B, BBK Subdivision (RL)
Lot 8
Lot
16
-'UU--tk6
Lake Creek
W est Lake C
1
24
Drive
i Eagle County Files:
ZC- 00052; PDA- 00036; AFP -00140
200 0 200 400 600 800 Fee
N