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HomeMy WebLinkAboutR00-071 denying appeal by Two Rivers Village requiring application of preliminary plan amendmentCommissioner Y moved adoption of the following Resolution: of the BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - A RESOLUTION DENYING AN APPEAL BY TWO RIVERS VILLAGE OF A STAFF DECISION REQUIRING IT TO APPLY FOR APPROVAL OF A P.U.D. PRELIMINARY PLAN AMENDMENT WHEREAS, Two Rivers Village Development Company, Inc. (a.k.a. Two Rivers Village Development Co., LLC and William A. Stephens and Annaliese B. Stephens) ( "Applicant ") has an approved Preliminary Plan for Two Rivers Village Planned Unit Development (P.U.D.), File No. PDP -0008 (Resolution No. 98 -137); WHEREAS, on or about November 16, 1999 Applicant submitted to the Eagle County Department of Community Development two separate applications for final plats for portions of the P.U.D., File Nos. PDF -00043 and PDF - 00044; WHEREAS, the Community Development Director determined preliminarily, based on the information submitted, that the final plat applications, while incomplete, could not conform to the approved preliminary plan, its associated P.U.D. Guide, and certain conditions of Resolution No. 98 -137; WHEREAS, the Community Development Director notified Applicant of the need to apply for a P.U.D. preliminary plan amendment to include an amended P.U.D. Guide pursuant to Section 5- 240.F.3.m. of the Eagle County Land Use Regulations, by letter dated March 10, 2000; WHEREAS, Applicant filed an appeal of that decision pursuant to Eagle County Land Use Regulations Section 2 -2400, by letter dated March 21, 2000; WHEREAS, a public hearing was held on April 17, 2000, t which Applicant presented its appeal to the Board of County Commissioners, stating its grounds for appeal and presenting all materials and evidence in support of its appeal; and the Page -1- 1 111111 11III 1111111 1111111111111 1111111 III 111'1 1111 1111 729934 03/16/2000 03:39P 370 Sara Fisher 1 of 3 R 0.00 D 0.00 N 0.00 Eagle CO Is Community Development Department responded; and the Board received and heard all evidence and argument offered by all interested persons; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds: (1) The appeal was timely filed; (2) The proposed final plats are based on construction of public improvements and private improvements in multiple phases, whereas the preliminary plan provided for a single phase development. Development in multiple phases as proposed by Applicant does not conform to the approved preliminary plan, as required by ECLUR §5 -280 B.5. Development in multiple phases as proposed by Applicant is not a minor deviation, provided for in ECLUR §5 -240 F.3.(l); and (3) The proposed final plats are based upon changes to the preliminary plan site plan, e.g., moving the park site into part of what was formerly a lake. Changes in the site plan proposed by Applicant do not conform to the approved preliminary plan, as required by ECLUR §5 -280 B.5. Changes in the site plan as proposed by Applicant are not minor deviations, provided for in ECLUR §5 -240 F.3. (l) ; (4) These changes, alone, require that the P.U.D. preliminary plan be amended, as. provided in ECLUR §5- 240 F.3 . (1) and (m) ; (5) These changes, alone, require that the P.U.D. Guide be amended as need be to conform to any amended preliminary plan as may be approved. THAT, based on the findings, the Board concludes that the Community Development Director's decision properly reflected the Eagle County Land Use Regulations. THAT, the decision of the Community Development Director is affirmed, and Applicant's appeal is denied. THAT, because the final plat applications were incomplete, the Community Development Director's preliminary analysis and Page - 2 - n a decision appealed from, and this Board's action on this appeal, do not address the possibility of other aspects of Applicant's final development plan that may represent nonconformities requiring amendment to the preliminary plan and amendment to the P.U.D. Guide, which changes may be presented in comprehensive application(s) to amend the preliminary plan and P.U.D. Guide. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Cou ty of Eagle, to of Colorado, at its regular meeting held the S day of 2000, nunc pro tunc April 17, 2000. *J COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stone Commissioner Phillips Commissioner Gallagher This Resolution passed by C-1T���_ -�-�'� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page -3- � e k%rt Tom C. Stone, hairman