HomeMy WebLinkAboutR13-006 Bair Family Subdivision Sketch PlanEagle County, CO 201306875 ` ) Teak J Simonton 04/04/2013 Pgs: 5 04:58:05 PM REC: $0.00 DOC: $0.00 WnnikAoncr � �` �= moped adoption of the following Resolution: RESOLL -HON of the BOARD ()F COUNTY CONI NI ISS ION ERS COUATY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013 - C 1 v APPROVAL: OF AN EXTENSION TO A SKETCH PLAN FOR THE' BAIR FAYIII.Y S111DIVISION PLANNED UNIT DEVELOPMEN"f FILE NO. PR -4060 XN`YI !:Rh:AS, on or about October 24, 2012.. the State ofColorado. accepted for filing a request (I:aple County Vile No. PR -4060) submitted by Lowell and Virghha Bair (hereinafter "the Applicant ") for a second, two (2) year extension ofa Sketch Plan tar Planned Unit Development (file No. PDS- 00054) (thc ` PUD -) to allow the subdivision ora 1437 acre parcel to ercatc six (6) Singled'arridy Residential lots ranging in size from 0.365 acres to 0.587 acres. alone "Ah a 718 acrc common open space on propert; Located "Win the .1griculttlral Residential ( -AR-) /.one District in the unincorporated area of Lagle County described as folio "s: 675 I'ry in:-, ]'an Road. Basalt: Lot 1. (;rant -Smith I jpc A Minor Stl, A i.shm. ucc viting to the plat September 4. 1996 in Book 704 at Kjc 3=18 as Reception No. WAR Cotlnty A Ingle, We of Colorady more particularl% described on HUGE -A- an ached hereto and Aworpomted herein (hercinaller the "Bair Property "). and: NVIIEREAS, the l,agiv County Board ol'C'ounty Con'tniissioncrs (hercinnflcr..the Board") approved the Sketch Plan for PLII) (hole Count) file No. PUT0054) far the Bair Prefect, oil Novcrnber 18, 2008. via Resolution No. 200S -127 (hereinaRerthe "Bair Famih Subdivision P1:lY). and: WIIERIt AS, in accordance with Section 5- 244h2e (4) Fxpiration of Af)proval, kagde Kum, Lund Use Regulations (hereinafter "EC URs "), the Resolu0011 1o1 al Ofn Sketch Plan for P[ '1) by the Board shall be null and void unless an application for a Preliminar, Plan for PUD is submitted and deemed sufficient by the Planning Director whMn two (2) pars after the date of approval ofthe Sketch Plan for Pt.,D, and; I] «� IIFRE.,kS, a Prclirninary Plan to I, I I U D application was NUT du l) submitted tO the C'01.1111� o[, I.a le. State of Colorado. or decrned sufficient by the Planning Director. "ithin such tit oear period following approval ofthe Sketch Plan for PUD. and; WHEREAS, in accordance with Section 5- 240.1:.2.e (5) — Extension of Sketch Plan Approval, l CTURs, approval ofa Such Plan AV P1 17 shall he voided and CXtin!.uishCd unless the applicant can demonstrate h) competent substantial evidence that: (1) Failure to proceed "AtS the development of the application %%as beyond the ,Appikam's control: (2) The devclopmcnt complies with the F.CLI IS and the ('nmprchcriVe Ilan- (3) A here is a reasonable likelihood the next step in the del Oopnwnt oppli wimI "ill he submitted in the next uvo years, anT WHEREAS, no rcqucst for extension shall be considered unless a �� rittCn application requesting the extension is submitted to the Plannin"), llircctor no later than thirty 0,0) calendar dai s prior to the date the S1.etch flan for PUD is to expire, and: WHEREAS, the .1pphcant did request and vas crarited one ( I ). tGw (2) yearextcnsjon 1'or the Bair 1:amily Subdivision Sketch Plan Rw PUD on December 14, 2010 (Eagle County File No 162804L and: VOIEREAS, such extension was valid until November 18, 2012. and; WHERh:AS, a Preliminary Plan fir M, 1) application was NU'l duly submitted 10 the County of l�:agle. State of Colorado. or deemed sufficient b� the Planning llircctor. "ithin such t"o -Fear period following. approval of the first extension of We Bair Familu Sketch flan for Pt It aml: "'llEREAS, there is no limit to the numhcr of extension requests that niziy he rcyuested or ._ranted accurdin�g, the I:(TL:Rs. and: NNIIIE.R EAS, at its regular public hearing on December 4, 2012, the Board considered the second request for an extension ofthe Bair family Subdi-ision Pt ,I) (Eagle County bile No. PR- 30Ny associated plans: the statements and concerns of die :'applicant. the kagic (Alum) Community ON clopment and I -:ngineering staff. and other interested persons. arid: WHEREAS, notice ofthe extension request was not required by the 11A 1114 Section 21 i),I'_; and 2 �,VIIEREAS, based on the evidence, tcstimon�. exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County. the Future Land the NQp (the "1 LL NVI for Nagle County, and the floe County Open Space Plan, as well as comments Athe lAgic AUQ Department of Community Development. corments ofp the officials and agencies, and comments h-oin all interested parties. the Board. finds as fofloy�s: 1. That. in accordance with Section 50=10.HY (5) -- 1,xtension of Sketch Plan Approval. LCIJ)Rs.. a written application retluestinu the second extension \\ ;AS suhrnitted to the Planning Director no later than thirty (30) calendar days prier to the date the Sketch flan for PUD vgas to expire. 2. That. in acconkmee "Ah 5- 240.Kle ( ) limnsion ofSkctch Piwi ApproN A. RIAR, the Applicant did demonstrate by competent suhstantial evidence that: (1 ) failure to proceed "Ah the development of the application NN AS heyond the Applicant's comrol: (2) The development CONII'LlES with the FCLURs and the C'ornprehensiN e Plan: (>) There IS a reasonable likelihood the next step in the development application will he submitted in the next tv10 years, and: NOW,- I- IIIA:REEORE, BE: 11' RESOLVED It the Boad oCCOLInt� ('<,rnlnissione)s of'the County of I LIC. State of Colorado: the rerfuest for a second extension (1 gle County bile \ o. PR -4000) of the Bair l-antily Subdivision Sketch 1'1,111 for PUD (1'agle County bile No. 111)S-00054). he ahpro� cd, subject to the lo)lov ing conditions: 1. Except as otllemVe modified by this development permit, all material representations made by the applicant ill this application and in am public meeting shall he adhered to and considered conditions of approy al. fIIA "T. the Bair l fflmily Subdivision Sketch Plan for PUD is extended until xo�cink 18, 1014. or until such time as a Prehminary flan for PUD for the same has been submrtted to the County of 100c. Mate of Uhnadu and deemed sufficient by the Planning Dirccior, whichcm- comes first: TIIXA the Board LRCAs the Department of Community Dcv clopment to pr:7VA a cult of this ReSOlulioll to the :applicant; 3 THAT. the Board hereby linds. determines and declares that this R,,,solutiffll IS necessary for the health, saletv and welfarc oftlic citi/ens off"*a,gle County. MOVEJ), READ AND ADOPTED by the Board ofCounty Commissioners ol'the CowllN of I ado. at its regular mect ng held the da% cd' l Stale ol'Colol 1 1 20 1 intac pro time to the 4"' day of December. 2012. BY-1 I cal: J. S1111011t011 Clerk to the Board of County Commissioners 201306875 4 C () t N, I' Y OF I : , ."\( 11.1 . , " 1ATF OF COLORADO, b� and 1111-01.11)h Its BOARD ()I- COUN I Y CONMISSION116 k", 1 --- �11 Climrm4zi R Y., S'i ra .1 Flshcr. Ck �1111111SsIoll'dr Jllj'l�yall. t_ oll-IIIIIS4,611,:1. � Commissioner _l���! seconded adoption o[flbc <6rrgoiogruso!uuoo. Thc roll 6uvin� been called, the voic, ��as as follow's, Commissioner ]on8turncv Commissioner 5uruJ. Fisher Commissioner ]iU Ryan A �/ h This Kcso|u|ionpas / s�d by _ Cuuniyo[2au]c' State o[(:o|ondo. 201300875 vote uf tile Board o[[oun�'(-'omn/iuion:ro[\hc