HomeMy WebLinkAboutR92-177 Berry Creek Planned Unit Development Amendment Approval CommissioneS C� '� - e ilp moved adoption
of the following Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 9 - /77
AD
APPROVAL OF AMENDMENT OF
THE BERRY CREEK PLANNED UNIT DEVELOPMENT
FILE NO. PD- 108 -92A
WHEREAS, on or about February 2, 1992, the County of Eagle, State of
( -)o Colorado, accepted for filing an application submitted by J. L. Wuhrman
and the Berry Creek Metropolitan District (hereinafter "Applicant ") for
amendment of the Berry Creek Planned Unit Development, Edwards, Colorado
(hereinafter the "PUD "), File No. PD- 108 -92A; and
WHEREAS, the Applicant requested the amendment of the PUD for the
c,0 purposes of transferring the allowed density of Lot 97, Filing 1 (8
units), to Lot 22, Block 3, Filing 3 which would then have an allowed
density of 48 units. 2.5 acre of open space from Tract C adjacent to Lot
22 will be transferred to Lot 22. Ownership of Lot 97, Filing 1 which is
1.3 acres, will be transferred to the Berry Creek Metropolitan District
and designated as open space, Lot 22, Block 3, Berry Creek Third Filing
will increase in size by 2.5 acres with an increase in allowed density to
48 units, and Tract C will decrease in size by 2.5 acres; and
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WHEREAS, notice of the proposed amendment was mailed to all owners
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of property located within and adjacent to the PUD and was duly published
r C) in a newspaper of general circulation throughout the County concerning
� > the subject matter of the application and setting forth the dates and
times of hearings for consideration of the application by the Planning
Commission and the Board of County Commissioners of County of Eagle,
17; State of Colorado (hereinafter the "Board "); and
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{ WHEREAS, at its public meeting held March 18, 1992, the Planning
Commission, based upon its findings, recommended approval of the proposed
PUD Amendment; and
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H WHEREAS, at its public meeting hearing of March 31, 1992, the Board
7,- considered the PUD Amendment application, associated plans and the
t ; ' u„ statements and concerns of the Applicant and the Eagle County staff.
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Based on the evidence, testimony, exhibits, review of the Eagle
County Master Plan, the recommendation of the Planning Commission and
staff, and comments from all interested parties, the Board finds as
follows:
1. The proposed amendment to the Berry Creek Planned Unit
Development is consistent with the efficient development and
preservation of the entire PUD.
2. The proposed amendment does not affect in a substantially
adverse manner either the enjoyment of the land abutting upon
or across the street from the PUD or the public interest.
3. The proposed amendment shall not solely confer a special
benefit upon any person.
4. The proposed change in land use designation from Multi- family
to Open Space is necessary because the area for proposed
designation is changing to such a degree that it is in the
public interest to encourage a new use or density.
5. A change in land use designation to Open Space is consistent
with the Master Plan and the area possesses the geological,
physical, and other environmental conditions compatible with
the characteristics of the use requested.
6. The advantages of the proposed change in land use designation
outweigh the disadvantages.
7. The affected land has access and can be serviced with water and
sewage disposal systems appropriate for the land use
designation being sought has been provided.
8. Review of the proposed resubdivision of land has adequately
shown that the subdivision conforms to the Final Plat
requirements, and other applicable regulations, policies, and
guidelines.
9. Adequacy of the proposed improvements agreement and /or off -site
road improvements agreement has been shown to be in accordance
with Section 2.20 of the Eagle County Land Use Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by J.L. Wuhrman and the Berry Creek
Metropolitan District for amendment of the Berry Creek Planned Unit
Development be and is hereby granted:
The Board finds, determines, and declares that this Resolution is
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necessary for the hch, safety, and welfare o•he inhabitants of the
County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the
( C day of `)/l -eLtdt.444,Lt&L -c' , 19 , nunc pro tunc to the
31st day of March, 1992.
COUNTY,-OF EAGLE, STATE OF COLORADO, By
and hrough Its BOARD OF COUNTY
CO Iv SSIONERS
By : ✓,1.i... � �� �Ar/ . By
erk of the Board of he Richard L V'Gu `afso,,/ Chairman
-oard of County Commissioners
By: _/ , Ai - `''c:[,
eorg : / A. Gates, Commissioner
By:
Donald H. Welch, Commissioner
Commissioner 1/0 seconded adoption of the
foregoing Resolution. The roll having been called, the vote was as
follows:
Commissioner Richard L. Gustafson
Commissioner George A. Gates ce—
Commissioner Donald H. Welch
This Resolution passed by /y0A / vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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