The URL can be used to link to this page

Home My WebLink AboutR08-128 Flatwater Ranch Zone Change EAGLE COUNTY, CO 200825b0 • TEAK J SIMONTON ;40PM Pgs= 10 12/04/2008 1111111111111 111 11 REC= $0.00 DOC: • Commissioner T S move a option of the following Resolution: IV BOARD OF EAGLE COUNTY COMMISSIONERS N ` COUNTY OF EAGLE, STATE OF COLORADO 6 1 RESOLUTION NO. 2008- 0 APPROVAL OF A ZONE CHANGE FOR THE "FLATWATER RANCH" PROPERTY TO REZONE FROM RURAL RESIDENTIAL (RR) TO RESOURCE(R) ZONING FILE NO. ZC- 001561 WHEREAS, on July 28, 2008 the current owner of the Flatwater Ranch property requested that the the Board of County Commissioners (hereinafter the "Board") rezone said parcel from Rural Residential (RR) to Resource (R). WHEREAS, at a public hearing held on October 16, 2008 the Roaring Fork Regional Planning Commission, based on that hearing, recommended approval of the proposed Zone Change from Rural Residential (RR) to Resource (R). WHEREAS, a public hearing was held by the Board on October 28, 2008; and the Board based on that hearing, approved of the proposed Zone Change from Rural Residential (RR) to Resource (R). NOW THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive 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 finds as follows: THAT proper publication and public notice were provided as required by law for hearings before the Planning Commission and the Board; and, Page 1 of 9 Pursuant to Eagle County Land Use Regulations, Section 5-230.D. Standards for a Zone Change: STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.1J Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Section 3.2 General Development Policies a, c, e,,f, g, h, i and k ^ Policy `a' states that, "Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations". This proposal to rezone `Resource' zoning on the subject property satisfies this policy. ^ Policy `c' states that, "Growth should be managed toward future sustainability - a healthy balance between economic success, quality of life and the preservation of the environment". Not applicable. ^ Policy `e' states that, "Urban and suburban type growth should be appropriately designed and should be located within or immediately contiguous to existing towns and community centers". This proposal to restore Resource' zoning on the subject property satisfies this policy. ^ Policy `f states that, "New communities proposed for unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria". Not applicable. ^ Policy `g' states that, "Redevelopment and/or revitalization of currently underdeveloped, outdated, rundown, or otherwise dysfunctional areas should be encourages". Not applicable. • Policy `h' states that, "Open corridors between towns and community centers should be preserved". Not applicable. • Policy `i' states that, "A cluster style of development should be encouraged, especially in areas where cultural, environmental or scenic resources at risk". Not applicable. ^ Policy `k' states that, "Local communities should establish unique venues, attractions and design standards directed toward enhancing individual community character and developing a sense of place". Not applicable. Page 2 of 9 Section 3.3 Economic Resources Policies b, c, d, e, f, h, j, m and o ^ Policy `b' states that, "A healthy, attractive business environment, appropriate to the area's character and resources, should be fostered". Not applicable. ^ Policy `c' states that, "Those qualities that make Eagle County a world class tourist destination and a great place to live, work and play should be identified, promoted and protected". This proposal to apply `Resource' zoning to the subject property satisfies this policy. ^ Policy `d' states that, "The potential impacts of second-home ownership and an aging resident population in Eagle County should be identified and incorporated into the decision making process". Not applicable. ^ Policy `e' states that, "Commercial development should occur at a pace commensurate to growth in Eagle County". Not applicable. ^ Policy `f states that, "Commercial uses should be appropriately scaled and should be located within towns and community centers". Not applicable. ^ Policy `h' states that, "Commercial development should fit a regional economic structure that promotes a coherent regional `community' while respecting sub-area character and identity". Not applicable. ^ Policy `j' states that, "Agricultural land uses should be retained to preserve Eagle County's historical heritage and scenic quality for the benefit of future generations". This proposal to establish `Resource' zoning on the subject property satisfies this policy. ^ Policy `k' states that, "Timber harvesting and mining should be recognized as viable economic activities, so long as negative social, cultural and environmental impacts are appropriately mitigated". Not applicable. ^ Policy `m' states that, "Economic infrastructure should be planned for in advance, and should be adequate to support existing and future business needs". Not applicable. ^ Policy `o' states that, "Future economic development in Eagle County should center on the area's existing amenities while encouraging new knowledge and technology based enterprises". Not applicable. Section 3.4 Housing Policies a, d, e, g and n ^ Policy `a' states that, "Affordable workforce housing should be located near job centers". Not applicable. ^ Policy `d' states that, "Efforts to increase the stock of affordable rental units for local workers should be supported". Not applicable. ^ Policy `e' states that, "Adequate housing options for Senior Citizens should be available". Not applicable. ^ Policy `g' states that, "Well designed mobile home subdivisions, modular home subdivisions and mobile home parks should be encouraged where appropriate". Not applicable. Page 3 of 9 ^ Policy `n' states that, "Development should share responsibility for fulfilling Eagle County's workforce housing needs". Not applicable. Section 3.5 Infrastructure and Services Policies a, c, g, i, j, k, m and o ^ Policy `a' states that, "Developed areas in Eagle County should be served by multiple modes of transportation". Not applicable. ^ Policy `c' states that, "Residential neighborhoods should include an appropriate mix of community services and community centered retail spaces that can be accessed by alternative modes of transportation". Not applicable. ^ Policy `g' states that, "Eagle County should be adequately and efficiently served by mass transportation systems and facilities". Not applicable. ^ Policy `i' states that, "Exemplary emergency and community services should be available to all residents, visitors and second home owners". Not applicable. ^ Policy `j' states that, "The management and distribution of recreation areas and facilities in Eagle County should be implemented in an environmentally conscientious manner". Not applicable. ^ Policy `k' states that, "Adequate and efficient infrastructure should exist within community centers and suburban neighborhoods for the delivery of domestic drinking water and for the treatment of domestic sewage". Not applicable. ^ Policy `m' states that, "Communication infrastructure should be sufficient to support all anticipated needs in Eagle County". Not applicable. ^ Policy `o' states that, "The service and infrastructure needs of all socio- economic, age and cultural groups present in Eagle County should be fully addressed". Not applicable. Section 3.6 Water Resources Policies a, b, c, d, e, f, g, h and i ^ Policy `a' states that, "The long term viability of both ground and surface water sources should be protected". Not applicable. ^ Policy `b' states that, "Minimum in-stream flows should be maintained and efforts to establish optimum in-stream flow standards in Eagle County should be supported". Not applicable. ^ Policy `c' states that, "Water conservation efforts by all water users in Eagle County should be implemented". Not applicable. ^ Policy `d' states that, "New water diversions and water storage projects should result in positive impacts to Eagle County's economy and environmental quality". Not applicable. ^ Policy `e' states that, "Collaborative efforts on regional land and water use planning efforts to address future growth, water supply, and stream flow protection should be encouraged". Not applicable. ^ Policy `f states that, "Water quality in Eagle County should meet the highest applicable standards". Not applicable. Page 4 of 9 Policy `g' states that, "Surface and groundwater supplies should be protected from agricultural, industrial and development related impacts". Not applicable. Policy `h' states that, "Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts". Not applicable. Policy `i' states that, "Water-related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments". Not applicable. Section 3.7 Wildlife Resources Policies a, b, c, d, e, f and i ^ Policy `a' states that, "The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved". This proposal to restore `Resource' zoning on the subject property satisfies this policy. ^ Policy `b' states that, "The well-being of wildlife species of economic importance should be actively monitored and protected". Not applicable. ^ Policy `c' states that, "The well-being of wildlife species of less economic importance and those on the rare and endangered species list should be actively monitored and protected. Not applicable. ^ Policy `d' states that, "Development in areas critical to the continued well being of Eagle County's wildlife populations should not be allowed". Not applicable. ^ Policy `e' states that, "Where disturbances to wildlife habitat cannot be avoided, development should be required to fully mitigate potential negative impacts". Not applicable. ^ Policy `f states that, "Broad development patterns and the cumulative impacts of incremental development on wildlife habitat and wildlife populations should be accounted for in the decision making process". Not applicable. ^ Policy `i' states that, "Access to public lands and opportunities for public land recreation should be balanced with the need to preserve quality wildlife habitat". Not applicable. Section 3.8 Sensitive Lands Policies a, c, a and g ^ Policy `a' states that, "Development should avoid areas of significant natural hazard". Proposed building sites do avoid known Evaporite deposit sink holes located on the subject property ^ Policy `b' states that, "The mitigation of natural hazards should be done in a manner that protects the integrity of the natural environment and the visual quality of the area". Not applicable. ^ Policy `c' states that, "Development and development patterns should preserve landscapes that include visual, historic and archeological value". This proposal to apply `Resource' zoning on the subject property satisfies this policy. ^ Policy `e' states that, "A variety of approaches should be utilized preserve land as open space". Not applicable. Page 5 of 9 Policy `g' states that, "Appropriate access should be provided to public lands and rivers". Not applicable. Section 3.9 Environmental Quality Policies a, c and d ^ Policy `a' states that, "Air quality should meet the highest applicable safety standards, as well as the aesthetic expectations of local residents". Not applicable. ^ Policy `c' states that, "Noise should be minimized to meet the highest applicable safety standards, as well as the aesthetic expectations of local residents". Not applicable. ^ Policy `d' states that, "Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County". Not applicable. Section 3.10 Future Land Use Man ~ Policy a ^ Policy `a' states that, "Zone changes and site-specific land use proposals should reflect the written policies of this Comprehensive Plan, the land use designations of the Future Land Use Map and the goals and objectives set forth within Area Community Plans, as applicable". Section 4 Adopted Area Community Plans All relevant goals, policies and FLUM designations The Future Land Use Map identifies the subject property as appropriate for `Rural' development. This proposal to apply `Resource' zoning on the subject property satisfies this policy. Additionally, all relevant goals & policies of the following plans or such equivalent plans and/or future plans, which maybe in effect at the time of application for zone change: Eagle County Open Space Plan Eagle County Trails Plan (Roaring Fork) Eagle County Comprehensive Housing Plan EXCEEDS MIlVIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Compatible with Surrounding Uses. Section 5-230.D.2J Does the Page 6 of 9 proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. The proposed zone change to apply `Resource' zoning upon the subject property is compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property. Most surrounding lands are also zoned Resource. X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Public Benefit. [Section 5-230.D.3J Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. This proposal to apply `Resource' zoning upon the subject property will preserve agricultural lands in a rural region of the county. P X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Change of Circumstances. [Section 5-230.D.4J Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community? The proposal addresses and responds to a beneficial material change of land use through down zoning the subject property from 2-acre minimum lot size to 35-acre minimum lot size 0 EXCEEDS MINIMUM STANDARDS Page 7 of 9 X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Adequate Infrastructure. (Section 5-230.D.SJ Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? This rezone will not result in the need for new infrastructure. EXCEEDS MDVIlVIUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS X NOT APPLICABLE NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado, in a unanimous vote APPROVED the Change of zoning of the Flatwater Ranch from the Rural Residential [RR] Zone District to the Resource [R] Zone District, Eagle County File No. ZC-1561 for the following described property, attached as Exhibit `A', located in the unincorporated area of Eagle County subject to compliance with the following condition: 1. Areas of geologic concern indicated by Colorado Geologic Survey should be mapped and memorialized within the Zone Change Resolution and implemented at the time of building permit application. This step will also be used to advise prospective property owners of the sinkhole potential (Exhibit A) 2. Except otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. THAT the Board of County Commissioners directs the Director of Community Development 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. 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. Page 8 of 9 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 18th day of November, 2008. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: i ,~ ~~~ B ~ aj' Peter F. Runyon, Chairman By: !Commissioner By: Teak J. Simontor~ `'otoR o " Clerk to the Board of County Commissioners Arn1GI-1FIencom. Commissioner Commissioner ~~~'~ - seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Sara J. Fisher Commissioner Arn M. Menconi ~/ D This Resolution passed by of Eagle, State of Colorado. Y -'-~1~ ' ~L vote of the Board of County Commissioners of the County Page 9 of 9 i ~.~~~ ~~ „/ ;,~.~_ `\ \ ~\'C`~.\ '°,i`+,\ -x~ \~` !,tom J~ ~- ------ '~ 1 l~ ,~~~~ I i t' ; .~.,__ I ~' a~~ ~ ~k'Mp~. ~- ~ ~ .~. -. .1, `r~i a {' , il ~ . ~ i l~'ill ryl ~ +~' ' ~ ~ ~ ~ ~r ~ ~\ f ~~ ~ t~ ` i III ~i+'~ :! , i `; ~~: ,,'' ~?ill;;', 1 , . ,r ~ + ~; i t l ez-esu .. YML NtpRifpl ;i '~~ • ~ • ' M ~. ~~ ~ ~ 1 ''1 y{~ W'~'iMF~Mw~tAN^ S Li •9 ~~ 1 1~! i r >- x s a e ~ x~ '; } 1.., . r.,..~. ,~ 1 i : i rx-uc.rmn :~~~`~ ~' ~}`~~~- ;i, l~~~> f~ ' ,~ , ~ ~. _f ~ % , IIF/%;;,%."~^ ~n-~.--I'll i;~ir Ili%!r; fi ii' f / k~ jfi~.,%7iJ`° ""-"':~~. '"~'l t+'; 'll~ ''- -'~~ =.--'-..~' =``' iif,i~ ft'r.rf /ir,'r"~.' `„`~.,~' , ~,>i x~ %.?;;'i~' ~; ~ ~ r t 1,,:' ,;~~ I ~ I'I~i~ \~\._'~' L ,- !. _ _ ."'~ ~ /} f r~.~$y,%f~'1-% '`" ,iy .---,!"`/~xy,,:/~~' ~1 ~~ ,~1 ~' ii.sf`~i'v Il~ `_-.~ % n !''. X'w' ~.1 _- - i .,~ LIp! k / ,r.~,... ^~4...,.f~~' F/: ~i._ i;,j 1 ;i."5`~_-- -~T-._ ~PRfRvSFv'1--''P G ;/; f,,~;f~~~~sl .r%°es `~-~„a~`'j//' "/~ ~~, fj' 0!`% J'~f -"__ `.. --'" $6T1~'1.[N_~`~4fr'E14-~'-2' ~'~i/`ff/`'/~i~r~1",;%'---{1,=~~_./~ /~. %/. ,f~;~,~,%~ __-__ -_~``^-~. `~ _ './{JpJ///'~!'r~lf, ~/r,'RW'~,//'~v -''I ~` rY/= ~ /,~!%/jl if --: -- ~-- -~--`w ~~~'~. i~ ..'' -- ~ /~ ~sr ff6~ f~,-ff ~,,,+~~' ~ /'~,.'J"/%„ jam' % i~/<~`! - _ '... `y~~ -- - Y "j''~~'~ r. f~ ~," ,, ~ r /~ / // 1, li i\ \\\ ~ ~ ,: ~ ~i~// i ip' .' r '~~~ ' Y_/..-~ !'ray J j(` ~. (`tin` ~~"".,'`~ !..-:!/~__,~%: ''~'~ i./~~~// /!%".r"~-"=~ i// // i ,1 ,,i l ~ 1 `'li ? t ,ij '~',,/fwd.-+~''_ i ~,,.~"_~../-"Yy i/ fr 4 / :_, Inferred Slnk Hales Proposed Budding Areas ~'. .I ill A ~~I \,~ "',; I t i y~ { e„~ '~4 ~aa ~RttUI~D~ EN6INHSR6 N£+ CON$LJ6.TRidT$ GEOf_OGIC HAZARD JOB NO CS-61122 DRAYVN BY -~Hg _ . _ _ FGVRE 2 '~ APPRO'JEO BY BRS CADFItE NAME BB22S'TE DWrJ