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HomeMy WebLinkAboutREZONE Findings and Resolutions 1272 Giant Track Rd 2001-01-24RCPTN # 2001005153 01/24/2001 11:31:00 # PAGES - 4 FEE - $.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITION OF DANIEL AND NANCY BROWN The petition of Dale and Nancy Brown to rezone the property described on Exhibit "A" attached hereto from "A-1" Accommodations/Low intensity to "A" Accommodations has heretofore been filed with the Board of County Commissioners of the County of Larimer. The Estes Valley Planning Commission on November 21, 2000, conducted a public hearing on said petition, and having duly considered the same and the evidence presented to the Board, by resolution recommended approval. On December 18, 2000 in the County Board Hearing Room of the Larimer County Courthouse, Fort Collins, Colorado, the Board of County Commissioners of the County of Larimer conducted a public hearing on this petition. The Board of County Commissioners, having heard the testimony and evidence adduced at said hearing, and having considered and carefully weighed the same, now makes the following findings: 1. The petition to rezone and the public hearing thereon have been duly advertised in a local newspaper of general circulation. 2. The general characteristics of the property are as follows: a. b. c. d. Location: Area: Existing land use: Surrounding Zoning and Land Use: East: West: North: South: e. Access: 1272 Grant Track Road 2.5 acres "A-1" Accomodations/Low Intensity E-1/Single-family E-1/Single-family E-1/Single-family E-1/Single-family Track Road/Private drive 3. Conditionally rezoning the subject property as requested would fit into the general scheme of development for the area. 4. To conditionally rezone the area as requested would thus promote the harmonious development of the area, would be in the best interest of the people of Larimer County, would increase the tax base, and would promote the convenience, prosperity and general welfare of the immediate inhabitants of the area. Findings and Resolution Brown Rezoning Page 2 RESOLUTION WHEREAS, the Board of County Commissioners has made its findings upon the petition and upon the resolution of the Larimer County Planning Commission, which findings precede this resolution, and by reference are incorporated herein and made a part hereof; and WHEREAS, the Board of County Commissioners has carefully considered the petition, resolution, evidence and testimony presented to it and has given the same such weight as it in its discretion deems proper, and is now fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED, that the petition of Daniel and Nancy Brown to rezone the property described on Exhibit "A" from "A-1 Accomodations/Low intensity to "A" Accommodations as provided in the Estes Valley Development Code be and the same hereby is approved. This rezoning and development of the property are conditioned upon the following: 1. High intensity accommodation uses such as hostels, hotel/motels, RV parks or campgrounds shall not be permitted. 2. No additional units may be constructed without review under the provisions and standards of the Estes Valley Development Code. 3. If the Browns' current active building permit expires (including one extension as pen lifted), then they will be required to reapply in accordance with the EVDC. IT IS FURTHER RESOLVED that the Deputy Clerk of this Board shall forthwith cause a certified copy of this resolution to be filed with the Clerk and Recorder for the County of Larimer and that the County Planning Depailiuent shall cause the Official Zoning District Map for the County, filed in the County Clerk's office, a part of the Estes Valley Development Code, to be amended and to amend the maps in the office of the County Planning Department in accordance with this resolution. Findings and Resolution Brown Rezoning Page 3 Commissioner Disney, Olson and Rennels voted in favor of the Findings and Resolution, and the same were duly adopted. Dated this c day of , 2001. By: eputy Clerk BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO Chair DATE: \ APPROVED A TO FORM: ASSISTANT OUNTY ATTORN Y 4)/0, EXHIBIT "A" POR IN 35-5-73; BEG AT A PT ON S LN OF SD SEC 35 WH BEARS N 89 36' W 208.7 FT FROM S 1/4 COR, TH N 302.42 FT; TH N 88 00' W 504.26 FT; TH S 00 36' E 12.78 FT; THS 33 25' 10" E 208.43 FT ALG E LN OF HEID TR; TH S 49 13' E 48.60 FT; TH S 45 21' E 142.70 FT TO PT ON S LN OF SW 1/4; TH S 89 36' E 241.80 FT TO POB CONT 2.69 AC M/L LESS BK 2158 PG 1461 & 2158-1465 (SPLIT FROM 35350 00 003) Proof of Publication STATE OF COLORADO COUNTY OF LARIMER Bill Ferguson Being duly sworn, deposes and says: 1. That he is the publisher of the Estes Park Trail - Gazette, a semi -weekly newspaper printed and pub- lished in the Town of Estes Park, County of Larimer and State of Colorado. 2. That the said Estes Park Trail -Gazette is printed and published at regular intervals, two times each week, Wednesday and on Friday, and that it has a general circulation in the County of Larimer, and elsewhere. 3. That the said Estes Park Trail -Gazette was estab- lished and has been printed and published in said county uninterruptedly and continuously during a period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said Notice of Rezoning Request/Dan & Nancy Brown A copy of which is hereunto attached. 4. That the Estes Park Trail -Gazette is a semi -weekly Newspaper of general circulation, and is printed and Published in whole or part in the said Town of Estes Park and County of Larimer in which said Notice of Rezoning Request/Dan & Nancy Brown Is required by law to be published, a copy of which is hereunto attached. 5. That the said Estes Park Trail -Gazette is a semi - Weekly newspaper within the meaning of an act con- Cerning Legal Notices and Advertisements being Chapter 109 of the Colorado Revised Statutes of 1953. 6. That the said annexed Notice of Rezoning Request/Dan & Nancy Brown Was published in the regular and entire edition of the Estes Park Trail -Gazette, a duly qualified semi -weekly Newspaper for that purpose, within the terms and Meanings of the above named acts. 7. That the said annexed Notice of Rezoning Request/Dan & Nancy Brown Is a full, true and correct copy of the original which was Regularly published in each of the regular and entire Issues of said newspaper, a legally qualified paper for That purpose, once each week, on the same day of Each week for one (1) week, By one (1) insertion and that the first publication Thereof was in the issue dated November 3, 2000 and that the last publication was in the issue dated November 3, 20 Bill Fergus Subscribed end -orn to me this 27th day Of November, 2000. amoiL__ 4, eLte_L-Q Bebe L. Pickel, Notary Public My commission expires November 30, 2003. (Published in the Trail -Gazette on Fri., Nov. 3; 2000.) NOTICE Notice is hereby given that on Tuesday, November 21, 2000, at 11:00 a.m, in the Board Room (Room 130) of, the Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, the Estes Valley Planning Commission will consider a Rezoning Request for the property and purpose described below. Also there will be a public hearing ; before the Board of County Commissioners on Monday, Dec. 18, 2000, at 3:00 p.m, in the Board of County Commissioners Hearing Room of the Latimer County Courthouse, 200 W. Oak, Fort Collins, Colorado, con- cerning this request. Legal Description Considering the South line of the Southwest quarter of -Section 35, Township 5 North, Range 73 West of the 6th P.M: as bearing N.89 36'W. as per the G.L.O. Resurvey of said township dated 1928, and with all bearings herein relative thereto: Beginning at a point on the South line of said Section 35 which bears N.89 36'W,, 208.7 feet from the S.1/4 _comer of said Section 36; thence N.01 41'25'E., 302,42 feel; thence N.88 00' W., 504.26 feet; thence S.00 36' E., 12.78 feet thence S.33 25'10"E., 208.43 feet along the East line of the Heid tract; thence S.49 13'E., 48.60 feet to the N.E. comer of the Kelinson tract; thence along the East line of the said tract S.45 21' E., 142.70 feet to a point on the South line of the SW1/4 of said Section 35; thence along the South line of said SW1/4, SO) 36' E., 241.80 feet, to, the point of begin- ning. Location 1272 & 1280 Giant Track Road Tvoe and Intensity al Use A-1 Zoning Rezone from A-1 to A Accommodations. Applicant Dan & Nancy Brown Any person may appear at such hearing =i and present evidence upon any matter to be considered. For more information, contact Russ Legg, 970-498.7690.