HomeMy WebLinkAboutR95-003 PUD for Upper Bachelor Gulch Villagep commissioner Ai - b moved adoption t ofon: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- APPROVAL OF THE PRELIMINARY PLAN, UPPER BACHELOR GULCH VILLAGE, BEAVER CREEK PLANNED UNIT DEVELOPMENT FILE NO. PD- 100 -94 -P WHEREAS, on or about September 15, 1994, the County of Eagle, State of Colorado, accepted for filing an application submitted by The Vail Corporation d /b /a/ Vail Associates Inc. (hereinafter "Applicant ") for preliminary Plan approval for Upper Bachelor Gulch Village, Beaver Creek Planned Unit Development, (south of) Avon, Colorado (hereinafter the "PUD"), File No. PD- 100 -94 -P; and WHEREAS, the Applicant requested Preliminary Plan approval for 104 dwelling units as more specifically described in the application and F-is amended through the public hearing process; and WHEREAS, notice of the proposed amendments was mailed to all owners of property located within and adjacent to the PUD and was duly published 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 the County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meeting held on November 16, 1994, the Planning Commission, based upon its findings, recommended conditional approval of the proposed Preliminary Plan; and WHEREAS, at its public meeting hearing on December 20, 1994 the Board considered the PUD Preliminary Plan application, as amended through the public hearing process, associated plans and the statements and concerns of the Applicant and the Eagle County staff. 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 makes the following findings: 7 FINDINGS t Pursuant to Section 2.18.02(3) o €.the Eagle County Land Use -� Regulations: (a) The PUD Preliminary Plan application is in general conformance with the Sketch Plan approval. 1 554595 B -658 P -564 01/04/95 03:27P PG 1 OF 3 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 a (b) The PUD Pr w_minary Plan is in generalonformance to these and other applicable regulations policies and guidelines if the staff recommendations are followed. (c) The staff has reviewed the reports on file and others as available pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas and made recommendations, as prepared by the appropriate agencies, to mitigate hazards and to protect resources. and, pursuant to Section 2.18.03(1), Additional Requirements, 1) Approval of this Preliminary Plan shall be valid for a period of 3 years from the date of approval. and, pursuant to Section 2.06.13(7)(a) Preliminary Plan Review. (1) The Final Environmental Impact Report submitted with the previous application is adequate. (2) The issues and information required by the County Commissioners upon approval of the sketch Plan have been addressed. (3) An application for a zone change (PUD Amendment) was previously submitted and approved. (4) A PUD control document has previously been approved and recorded with the Clerk & Recorder and is not being amended as part of this application. WHEREAS, based on the above findings, The Board hereby approves the subject application with the following conditions: 1. The design guidelines must include wildfire mitigation guidelines which are sensitive to potential visual impacts. The Final Plat application must include more detail toward an overall strategy to resolve fire and life safety issues. 2. The first Final Plat application must include a wetland mitigation plan, approved by the U.S. Army Corps of Engineers. 3. The water and sewer line alignment will be further reviewed at Final Plat and must be located to avoid, to the extent practical, sensitive environmental areas, such as, wetlands, riparian corridors and critical wildlife areas. 4. Evidence of School Land Dedication or payment of cash in lieu of land must be submitted with the first Final Plat application. E T he Board ` finds, dete ..p s A. and declares that t L 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 Commissioners of the County of Eagle, Stat of Colorado, at its regular meeting held the ,d, day of 1996, nunc pro tunc to the 20th day of December, 1994. -` By: Sara J. F i -c& er `Akvx Clerk of the Board of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COM Whnnett tte ION RS M By: Phillips, Chair erson By: George A. Gates, Commissioner r *W : o1h J so r issioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates Commissioner James E. Johnson, Jr. T This Resolution passed by 4 3 - vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3