HomeMy WebLinkAboutR10-148 Bair PUD Extrension Request EAGLE COUNTY. CO 201025618 TEAK J SIMONTON Pgs: 3 03:28:I4PM 0 DOC: $ 12/17/2010 REC: $0.0 III 1 11 I 11 1 1 1111 1 1111 II L VX.• tn Commissioner - 6.... moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2010 - 1 IN THE MATTER OF GRANTING AN EXTENSION TO PREVIOUSLY APPROVED BAIR FAMILY SUBDIVISION PLANNED UNIT DEVELOPMENT PDS-00054 FILE NO. PR-3006: BAIR FAMILY SUBDIVISION PLANNED UNIT DEVELOPMENT EXTENSION REQUEST WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30-28- 101, et seq., to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Planned Unit Development Sketch Plan. PI)S-00054 was approved by the Board of County Commissioners on November 18, 2008; and WHEREAS, Section 5-240,1-.2.e(3) of the Eagle County Land Use Regulations states that: ( Expiration. • .The approval oJ a Sketch Plan Pr PUD by the Board of County Commissioners shall be null and void unless a Preliminary Plan for PUD is approved by the Board of County Commissioners and recorded in the Office of the Eagle County Clerk within two (2) years after the date of approval of the Sketch Plan for PUD. And WHEREAS, a Preliminary Plan for the Bair Family Subdivision Planned Unit Development has not been submitted nor approved to date; and WHEREAS, Section 5 of the Eagle County Land Use Regulations states that: (2) Extension. Upon written request, an extension of the Sketch Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates that failure to obtain approval of the Preliminary Plan for PUD was beyond the applicant's control (allowing reasonable time pr the review process), the Sketch Plan for PUD is not speculative in nature, the Sketch Plan for PUD still complies with these Lam/ Use Regulations and the Comprehensive Plan, and there is a reasonable likelihood the Preliminary Plan Pr PUD will be developed in the next two (2) years. No request for a 17 extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Sketch .Plan Pr PUD is to expire. The permit shall he deemed extended until the Board of County Commissioners has acted upon the request Page 1 of 3 for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Sketch Plan for PUD null and void. (am.11 /08/05) WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds THAT, the Extension request PR -3006: BAIR FAMILY SUBDIVISION PLANNED UNIT DEVELOPMENT EXTENSION has demonstrated compliance with all of the relevant standards and processes previously identified in the Eagle County Land Use Regulations; P P Y g Y THAT, the extension request is granted until November 18, 2012, or until a preliminary plan has q g P YP been approved for PDS -00054 BAIR FAMILY SUBDIVISION PLANNED UNIT DEVELOPMENT; whichever comes first; THAT, this Resolution is necessary for the public health, safety, and welfare 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 H. day of DL.. , 2010, nunc pro tunc to the 16 day of November, 2010. Page 2 of 3 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS F EAcLF ATTEST: o }, ° BY: do►.f_,r + ` * BY: _40, .. W te■:# T-ak J. Simo in % a J. Fisher, So air Clerk to the Board of ., County Commissioners B ` . Ara !:rff- fit; ( . cpt)1 -y, ,1/1.. ;. B / S‘ fr Peter F. Runyon, Commission- Commissioner )1P- 4 adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher Commissioner Jon Stavney 1 Commissioner Peter F. Runyon 1 This Resolution passed by U vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 3 of 3