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HomeMy WebLinkAboutR07-017 Colorado River Ranch Expired Preliminary PUD Commissioner ~ moved adoption of the following resolntion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- D j ::f- RESOLUTION EXTINGUISIDNG EXPIRED PRELIMINARY PUD PLAN APPROVAL FOR COLORADO RIVER RANCH, EAGLE COUNTY FILE NO. PDP-00018 WHEREAS, the Board of County Commissioners, at a hearing held on March 14,2006, denied an application for extension for two years of the Preliminary Plan for the Colorado River Ranch PUD that had been approved on !\1arch 13, 2001, and WHEREAS, the applicant for such extension, the S. Diane Graham Trust, owner of the property covered by the Preliminary Plan, waived its right to a hearing before a hearing officer to consider whether the Preliminary Plan should be extinguished and abandoned its right to pursue extension of the Plan, as reflected in a letter from its attorney of record dated November 29, 2006, a copy of which is attached hereto; and WHEREAS, at a hearing before the Board of County Commissioners held on February 6, 2007, the Board unanimously voted to extinguish the Preliminary Plan based on a failure of the applicant to present any evidence to support a fmding that extinguishment was not appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application for extension of the Colorado River Ranch Preliminary Plan, Eagle County File No. PDP-00018, having been denied by the Board of County Commissioners on March 14, 2006, and such denial having been incorporated into Eagle County Board of County Commissioners Resolution No. 2006-032, on grounds that the applicant did not make the showing necessary to justify such an extension under the Eagle County Land Use Regulations, and the applicant having waived its right to a hearing on whether the Preliminary Plan should be extinguished in accordance with the applicable provisions of the County Land Use Regulations, and the Board, at a hearing held for that purpose on February 6, 2007, having found that the applicant had failed to offer any evidence to justify non-extinguishment of the Plan at a hearing and having voted unanimously to extinguish such Preliminary Plan, such Preliminary Plan be and hereby is extinguished; and be it further resolved, THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens 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 this 20th day of February, 2007. COUNTY OF EAGLE, ST ATE OF COLORADO y and T u its Board of County mi lOners ~ By: Clerk of the Bard of County Commissioners . Menconi, Chairman By -dJ}~Lr;l T;s L_ Sara J. Fisher, omm~slOner B~~~. Peter F. Runyon, Co SSlOner Commissioner :;!--- ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: ~ ~ This Resolution passed by ~ /0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Commissioner Am M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon