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HomeMy WebLinkAboutR95-152 extension of PUD preliminary plan for Homestead Filing 2 Blocks 13-16o n C 580075 B -684 P -70 12/20/95 01:20P PG 1 OF 3 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 Commissioner At moved adoption of the follOW ng Resolution: 'a M�l T d 4 • •i•�i7 RESOLUTION NO. 95 - /,$�a 32q RE THE MATTER OF THE APPLICATION OF HCHESTEAD FILING 2, BLOCKS 13-16 E=4SICN OF ■ PRELIMINARY APPROVAL RESOLT3TICN ALLOWnIG •N FOR A PERIOD OF SEVEN M MO NTHS WHEREAS, On May 11, 1981, the Eagle County Board of County "Board ") "Preliminary Commissioners ( approved the preliminary plan ( 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 j anuary 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 WFMREAS, 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. 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 hereby approves the extension of the Preliminary Plan for Homestead PUD, as to Filing 2, for a period until June 7, 1996, subject to all of the conditions set forth in Resolution 95 -52. 580075 B -684 P -70 12/20/95 01:20P PG 2 r 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 Resolution No. 95 -52, the Eagle County Board of County Commissioners extended the PUD Preliminary Plan approval for a,peri.od of one year, until November 7, and WHEREAS, by that Resolution, the Board directed that a hearing for Warner Developments, Inc. to show cause why the Preliminary Plan was no longer valid be held on or about November 7, 1995; WHEREAS, by Resolution No. 95 -132 Warner Developments, Inc. was granted an extension of its Preliminary Plan until December 11, 1995, at which time the Board would hold a show cause hearing in accordance with Resolution No. 95 -52; and WHEREAS a show cause hearing was duly noticed and held by the Board of County Commissioners of Eagle County, Colorado on December 11, 1995; and 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 COUNTY CMMSSIONERS OF E CKX= OF H OF • •' .• OF 3 2 THAT, as of June 7, 1996, it will be more than fifteen 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. MVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /qqf.— day of 6 °,,,,, p 1995. irk to tht Board o County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its o ette Phiiiips, Commissioner Commissioner seconded adoption of the foregoing reso utio e ro ving been called, the vote was as follows: Commissioner James E. Johnson, Jr. Commissioner George A. Gates Commissioner Johnnette Phillips This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta \r \homestd.2ex December 12, 1995 580075 B -684 P -70 12/20/95 01:20P PG 3 OF 3