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HomeMy WebLinkAboutR95-052 application of Homestead Filing 2 Blocks 13-16 extension of preliminary planCommissioner ~IU,~ moved adoption of the followsnq Reso ution: BOARD OF COIINTY COMMISSIONERS COIINTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95-~ IN RE THE MATTER OF THE APPLICATION OF HOMESTEAD FILING 2, BLOCKS 13-16 E%TENSION OF THE PIID PRELIMINARY PLAN APPROVAL RESOLUTION ALLOWING EBTENSION FOR A PERIOD OF ONE (1) YEAR, WHEREAS, On May 11, 1981, the Eagle County Board of County Commissioners ("Board") approved the preliminary plan ("Preliminary Plan") of the Homestead (hereinafter "Homestead PUD"), for 530 Units on 701 acres; and WHEREAS, on August 5, 1981, a portion of the property, consisting of Blocks 1-12, was final platted as The Homestead Planned Unit Development Filing 1, a planned unit development guide was filed at that time for Filing 1 only. WHEREAS, on September 26, 1984, the Board approved an amendment to the Homestead PUD to add an additional parcel of land as Filing 3; and WHEREAS, on January 9, 1985, the Board approved an amendment to the Homestead PUD Preliminary Plan increasing the number of units in Filings 1 and 2 from 530 to 555 units; and WHEREAS, Homestead PUD included, as Filing 2, parcels designated as Blocks 13 through 16, inclusive; and WHEREAS, the project area for Filing 2 only, Blocks 13-16, located within unincorporated Eagle County, is described as: East half of the northeast quarter of Section 8 and the west half of the northwest quarter of section 9 Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado; containing 173.623 acres, more or less. WHEREAS, on September 1, 1994, Warner Developments, Inc., filed a request with the Eagle County Department of Community Development to process its application for final plat for Filing 2, Blocks 13-16; and WHEREAS, Eagle County Land Use Regulation Section 2.06.13(10)(b) provides that if no construction permits have been issued within three years after final approval of the PUD, the PUD shall automatically terminate; and WHEREAS, by letter dated October 13, 1994 Warner Develop- ments, Inc., was informed that its Preliminary Plan approval had expired; and WHEREAS, a show cause hearing was duly noticed and held by the Board of County Commissioners of Eagle County, Colorado on November 1, 1994, and continued and heard on November 7, 1994; and WHEREAS, at the show cause hearing the Developer testified that the water tank, main water line and the main road was constructed at a size so as to be able to handle the needs of Filing 2; and WHEREAS, the Preliminary Plan of Homestead PUD provided that approximately 481 acres of its approximately 701 acres would be restricted to undeveloped open space consisting of undisturbed open space for recreation and utilities and access corridors from the pedestrian/traffic circulation system to the undisturbed open space; and WHEREAS, although final plats for Homestead PUD Filing 1 and previously has been approved, Applicant only platted 3.32 acres open space and 30.22 acres of Common Area, all within Homestead PUD, Filing 1; and WHEREAS, the balance of the open space provided for by the Preliminary Plan is within or contiguous with Filing 2; and WHEREAS, the Preliminary Plan for Homestead PUD and the amendments thereto were approved based upon such open space; and WHEREAS, a PUD Control Guide for the open space is required to conform such space to its zoning pursuant to the Homestead PUD Preliminary Plan approval; and WHEREAS, Warner Developments, Inc. presented evidence at the public hearing as to why the Homestead PUD Preliminary Plan, as amended, had not expired; and 2 WHEREAS, interested parties and members of the public were allowed to make statements and present evidence to the Eagle County Board of County Commissioners; and WHEREAS, the Eagle County Board of County Commissioners has reviewed and considered the evidence, comments and arguments presented at said hearings. NOW, THEN, BE IT RESOLVED BY THE BOARD OF COIINTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the testimony, exhibits, comments of the Eagle County Department of Community Development, and the testimony, comments and argument from all interested parties, the Board finds as follows: 1. Notwithstanding the provisions of Section 2.06.13(10)(a) of the Eagle County Land Use Regulations, permits for construction of public improvements within the area comprising Homestead PUD Filing 2 have been issued and the improvements constructed; and 2. Applicant has constructed public improvements located within Homestead PUD Filing 1 but designed for and compatible with development of Filing 2 consistent with the Preliminary Plan, as amended; and 3. Pursuant to Section 2.18.03(2), Warner Developments, Inc., has shown good cause as to why the Preliminary Plan approval as to Filing 2 should be extended; and 4. Extending approval of the Homestead PUD Preliminary Plan as to Filing 2 promotes the efficient development and preservation of the entire planned unit development and does not affect, in a. substantially adverse manner, the enjoyment of land abutting the Homestead PUD and the public interest. THAT, The Eagle County Board of County Commissioners hereby conditionally approves the request for an extension of the Preliminary Plan for Homestead PUD, as to Filing 2, for a period of one (1) year, until November 7, 1995. The conditions which must be met prior to Final Plat approval are as follows: 1. There will be a maximum of 156 dwelling units in Filing 2. Such units shall be located in the areas depicted in the Preliminary Plan and as further restricted in the Planned Unit Development Guide, which is to be adopted at Final Plat approval. 3 2. Warner Developments, Inc. shall be responsible for preparing a PUD Guide and mapping of the open space which was designated by the Homestead PUD Preliminary Plan and a condition of the approval thereof. 3. A PUD Control Guide for the Homestead PUD Open Space which is not included within the Final Plats for Filings 1, 2 or 3 must be processed contemporaneously with the Final Plat for Filing 2. 4. The application for Final Plat approval shall be subject to current standards for Final Plat approval and shall meet current design standards and criteria. THAT, on November 7, 1995, it will be almost fourteen (14) years from the date of Homestead PUD's Preliminary Plan approval, and, unless Warner Developments, Inc. or its successor has made and is diligently pursuing a Final Plat application Filing 2 prior to that date, the Board directs staff to schedule a hearing for Warner Developments, Inc., or its successor, to show cause, if there be any, why the Preliminary Plan should not be found to be no longer valid. It being the intent of the Board by this Resolution to express its intention that this be the final extension of this Preliminary Plan approval. THAT, this resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOOED, READ AND ADOPTED by the Board of County Commissioi_~~rs of the County of Eagle, State of Colorado, at its regular meeting held the ~~,~ day of 1995. ...rM+cwr~ ~~ ~~ ATTEST: * ~ -- ~eoR~,~o . "o Clerk to he Board of County Commissioners COUNTY OF COLORADO, BOARD OF EAGLE, STATE OF By and Through Its COUNTY COMMISSIONERS Commissioner '.3u~~ seconded adoption of foregoing resolution. The roll having been called, the vote wa follows: the s as 4 Commissioner James E. Johnson, Jr. 2, Commissioner George A. Gates ~ Commissioner Johnnette Phillips This Resolution passed by ~~ -Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta\r\homestd.ext April 21, 1995 5