HomeMy WebLinkAboutR17-042 Vines at Vail PUD Third Extension - Eagle County, Co 201716789
Regina O'Brien 08/30/2017
Pgs: 4 01:26:14 PM
REC: $0.00
• DOC: $0.00
Commissioner C-1-14a4c►DULfl- - moved adoption
of the following Resolution:
RESOLUTION
of the
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2017 - 041/
APPROVAL OF THE THIRD EXTENSION TO THE FINAL PLAT FOR THE VINES
AT VAIL PLANNED UNIT DEVELOPMENT
• FILE NO.PR-6481
WHEREAS, on September 5, 2006, the Eagle County Board of County Commissioners
(hereinafter "the Board") approved the Preliminary Plan for the Vines at Vail Planned Unit
Development, a multi-phase project consisting of 31 residential dwelling units and up to 80,500
square feet of other uses including retail, restaurant, office, recreation, lodging, conference, open
space, and agriculture in the Wolcott area,further described as follows:
A part of Tract 48,Township 4 South,Range 83 West, Sixth Principal Meridian;in
County of Eagle,State of Colorado, and;
WHEREAS,on November 6,2007, the Board approved the Final Plat for the Vines at Vail
Subdivision(Eagle County File No. PDF-00098), and;
WHEREAS, in accordance with ECLUR Section 5-280.B.5.d(1),Length of Approval, all
Final Plats for subdivision are valid for five(5) years from the date of their issuance, and;
WHEREAS, in accordance with ECLUR Section 5-280.B.5.d(2)Infrastructure Installed,a
Final Plat shall remain valid without any further time limitation if 100% of the infrastructure
required to develop the first phase of a multi-phase subdivision is installed within five (5)years of
the date of approval, and;
•
WHEREAS,in accordance with ECLUR Section 5-280.B.5.d(3),Extension of Final Plat
Approval, a Final Plat for Subdivision shall be voided and extinguished on the date of expiration
unless the owner can demonstrate that(a)failure to proceed with the development of the application
was beyond the Applicant's control;(b)the development still complies with the ECLURs;(c)there
is reasonable likelihood the next step in the development application will be submitted within the
next two(2)years, and;
WHEREAS,in accordance with ECLUR Section 5-280.B.5.d (3),Extension of Final Plat
Approval, the Board,upon receipt of a request for Final Plat Extension, may grant an extension of
final plat approval for two(2) years, and;
WHEREAS,on or about October 1,2012,KIWA Associates,LLC applied for a two(2)year
extension of the Final Plat for Vines at Vail (Eagle County File No. PR-4083), an application that
was subsequently approved by the Board on March 19, 2013, nunc pro tune to November 6, 2012
(Resolution 2013-043). On May 2, 2014, KIWA Associates, LLC applied for a second two year
extension(Eagle County File NO.PR-4856)which was subsequently approved by the Board on July
8, 2014 (Resolution 2014-074), said time frame for the extension commencing on November 6,
2014, and;
WHEREAS on or about September 6, 2016 the County accepted for filing a request
submitted by Kiwa Associates,LLC for a third two(2)year extension of the Final Plat for the Vines
at Vail Subdivision(Eagle County File No. PR-46481), and;
WHEREAS,at its regular public hearing on April 11,2017,the Board considered the third
request for an extension of the Vines at Vail Final Plat for Subdivision(PR-46481);associated plans,
materials in support of the request and relevant review criteria; and the statements and concerns of
the Applicant, the Eagle County Community Development and Engineering staff, and other
interested persons, and;
WHEREAS, based on the evidence, testimony,exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County,The Wolcott Area Community Plan,the Future
Land Use Map("FLUM")for the Wolcott Area,and the Eagle County Open Space Plan, as well as
comments of the Eagle County Department of Community Development, comments of public
officials and agencies, and comments from all interested parties, the Board finds as follows:
1. That a written application requesting the extension WAS submitted to the Planning Director
no later than thirty(30)calendar days prior to the date the Final Plat for Subdivision was to
expire in accordance with ECLUR Section 5-280.B.5.d (3), Extension of Final Plat
Approval.
2
2. That the Applicant did demonstrate by competent substantial evidence that:
(1) The failure to proceed with the development of the application WAS beyond the
Applicant's control;
(2) The development COMPLIES with the ECLURs and the Comprehensive Plan;
(3) There IS a reasonable likelihood the next step.in the development application will be
if
submitted in the next two years, and; ..' . '.' ::,N,
. ,
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle,State of Colorado:
THAT the request for a third two(2) year extension of the Final Plat for the Vines at Vail
Subdivision be approved, subject to the following conditions:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in their application and in any public
meeting shall be adhered to and considered conditions of approval.
THAT, The Vines at Vail Final Plat for Subdivision is extended until the earlier of
November 6, 2018,or such time as 100%of the infrastructure required to develop the first phase of
the PUD has been completed, inspected and deemed sufficient by the County of Eagle, State of
Colorado;
THAT,the Board directs the Department of Community Development 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 citizens of Eagle County.
3
MOVED,READ AND ADOPTED by the Board of Csunty Commissioners of the County
of Eagle,State of Colorado,at its regular meeting held the 1,S nzlay of U `1 ,2017, nunc
pro tunc the eleventh day of April, 2014.
COUNTY OF EAGLE, STATE OF
o(f,44ieci•
OLORADO, by and Through Its
ATTEST: •ARD O F COUNTY COMMISSIONERS
blow- By: siOle/ Adi°
Regina Obrien ian H. Ryan
Clerk to the Board of Chairman
County Commissioners /
J; ?'ne cQueeney
t .m i issio .r
Kathy t andler-Henry
Commissioner
Commissioner W% - ksecbnded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Jillian H.Ryan 4414,
Commissioner Sara J.Fisher -..
Commissioner Kathy Chandler-Henry 4-44 e
This Resolution passed by ` b vote of the Board of County Commissioners of the
County of Eagle,State of Colorado.
4
