HomeMy WebLinkAboutR13-007 Eagle River Meadows Sketch Plan Eagle County,CO 201306874
Teak J Simonton 04/04/2013
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Comrnissloner r..-. moved adoption
of the following Resolution:
RESOLUTION'
of the
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2013 - %..
APPROVAL OF AN EXTENSION TO A SKETCH PLAN FOR THE EAGLE RIVER
MEADOW'S PLANNED UNIT DEVELOPMENT
FILE NO. PR-3987
WHEREAS, on or about September 17. 2012. the Count■ of Fagle. State of Colorado.
accepted for filing a request (Nagle County File No. PR-397)submitted h\ Logic Ri\er:Meadow s.
LC. (hereinafter "the :Applicant") lc►r a two (2) year extension of a Sketch Plan for Planned I 'nit
De elopment (Nagle County File No. PDS-2 313)(the •'P1 1)")to alloy v fi>ra multi-use developn eiiI
consisting 01 240 residential dwelling units.along ith 261.000 square feet of floor area for medical.
health and wellness services uses, including support commercial uses such as retail, restaurant.office
and recreational open space uses. On a 105 acre site previously known as the "B&B Gravel Mine
Site". and located within the Resource ("R' ) /one District in the unincorporated area of Facie
('ounty described as follows:
33115 t' S. 1 iighwa\0. ITTdwards: \ parcel of land located in Sections 31 and 32, I ON\uatip-1
South. Ranee 52 \\est. and: Sections 5 and 0. I ov\nship 5 South. Ran_e 82 \\ est orthe Sisth
Principle Meridian. County of State of Colorado (hereinafter -the L.aule River
Meadows Property-•). and:
W'IIEREAS, the Ilaule County Board of County Commissioners (hereinafter..the Board-)
approved the Sketch Plan for PU1) (F ide County File No. PDS-2 313) for the Nagle River Meadows
Property on February I. 2011, via Resolution No. 2(11 1-01 1 (hereinafter"the 1'aglc Rig cr Meadow s
Pl'I)"). and:
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WHEREAS, in accordance with Section 5- 240.F.2.e (4) — Expiration of Approval, Eagle
County Land Use Regulations (hereinafter "ECLURs "), the Resolution for approval of a Sketch Plan
for PUD by the Board shall be null and void unless an application for a Preliminary Plan for PUD is
submitted and deemed sufficient by the Planning Director within two (2) years after the date of
approval of the Sketch Plan for PUD, and;
WHEREAS, a Preliminary Plan for PUD application was NOT duly submitted to the County
of Eagle, State of Colorado, or deemed sufficient by the Planning Director, within such two -year
period following approval of the Sketch Plan for PUD, and;
WHEREAS, in accordance with Section 5- 240.F.2.e (5) — Extension of Sketch Plan
Approval, ECLURs, approval of a Sketch Plan for PUD shall be voided and extinguished unless the
applicant can demonstrate by competent substantial evidence that:
(1) Failure to proceed with the development of the application was beyond the
Applicant's control;
(2) The development complies with the ECLURs and the Comprehensive Plan;
(3) There is a reasonable likelihood the next step in the development application will be
submitted in the next two years, and;
WHEREAS, no request for extension shall be considered unless a written application
requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days
prior to the date the Sketch Plan for PUD is to expire, and;
WHEREAS, at its regular public hearing on November 13, 2012, the Board considered the
request for an extension of the Eagle River Meadows Sketch Plan for PUD (PR- 3987); associated
plans, materials in support of the request and relevant review criteria; and the statements and
concerns of the Applicant, the Eagle County Community Development and Engineering staff, and
other interested persons, and;
WHEREAS, notice of the extension request was not required by the Eagle County Land Use
Regulations, Section 5- 210.E; and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM ") for
Eagle County, and the Eagle County Open Space Plan, as well as comments of the Eagle County
Department of Community Development, comments of public officials and agencies, and comments
from all interested parties, the Board, finds as follows:
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1. That, in accordance with Section 5- 240.F.2.e (5) — Extension of Sketch Plan Approval,
ECLURs, a written application requesting the second extension WAS submitted to the
Planning Director no later than thirty (30) calendar days prior to the date the Sketch Plan for
PUD was to expire.
2. That, in accordance with 5- 240.F.2.e (5) — Extension of Sketch Plan Approval, ECLURs, the
Applicant did demonstrate by competent substantial evidence that:
(1) Failure to proceed with the development of the application WAS beyond the
Applicant's control;
(2) The development COMPLIES with the ECLURs and the Comprehensive Plan;
(3) There IS a reasonable likelihood the next step in the development application will be
submitted in the next two years, and;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT the request for an extension (Eagle County File No. PR -3987) of the Eagle River
Meadows Sketch Plan for Planned Unit Development (Eagle County File No. PDS- 2313), be
approved, subject to the following conditions:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in any public
meeting shall be adhered to and considered conditions of approval.
THAT, the Eagle River Meadows Sketch Plan for PUD is extended until February 1, 2015,
or until such time as a Preliminary Plan for PUD for the same has been submitted to the County of
Eagle, State of Colorado and deemed sufficient by the Planning Director, whichever comes first;
THAT, the Board directs the Department of Community Development to provide a copy of
this Resolution to the Applicant;
THAT, the Board hereby finds, determines and declares that this Resolution is necessary for
the health, safety and welfare of the citizens of Eagle County.
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MOVED, READ AND ADOPTED by the Board of Cou y Comm'ssioners of the County
of Eagle, State of Colorado, at its regular meeting held the day o 2013,
nunc pro tunc the thirteenth day of November, 2012.
„ , COUNTY OF EAGLE, STATE OF
( COLORADO, by and Through Its
ATTEST: . BOARD OF COUNTY COMMISSIONERS
C4 441
Teak J. Simonton Jo . vney
Clerk to the Board of C • an
County Commissioners
1.2,4_4;1,
Sara J. Fisher
Commissioner
i
Jil J"an
y • mmissioner
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Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Jon Stavney taiki
Commissioner Sara J. Fisher
Commissioner Jill Ryan
This Resolution passed by l vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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