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HomeMy WebLinkAboutR00-146 amendment of PUD Guide for ChadwickC J Commissioner moved adoption of the foll1wing Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000- 1q-6 -- APPROVAL OF AMENDMENT OF THE PLANNED UNIT DEVELOPMENT GUIDE OF THE CHADWICK PUD IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF FILE NO. PDF -00033 WHEREAS, on or about March 12, 1999 the County of Eagle, State of Colorado, accepted for filing an application submitted by The Vail Corporation (hereinafter "Applicant ") for a Final Plat of the Chadwick Planned Unit Development, Eagle County Colorado (hereinafter the "PUD"), File No. PDF- 00033; and WHEREAS, in approving the Preliminary Plan for the Chadwick PUD by Resolution 97 -160 of the Board of Eagle County Commissioners, recorded December 12, 1997 in Book 746 at Page 76, the Board did require as Condition 2 of that Resolution that "A clarification of 'no permitted uses' other than open space, including the portion across the Eagle River, of the property will be made to the PUD guide [sic.] and the Final Plat. The remainder of the site shall remain open space, excluding passive recreation structures and uses." and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meeting hearing the 16 of October, 2000 the Board considered the Chadwick PUD Final Plat application and this required PUD Guide Amendment and the statements and concerns of the Applicant and the Eagle County staff. s $ U Based on the requirements of Resolution 97 -160, evidence, testimony, exhibits, review of the Eagle County Master Plan, and comments from all interested parties, the Board finds as follows: 1. The proposed amendment to the Chadwick Planned Unit Development is consistent with the efficient development and preservation of the entire PUD. 2. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest. 3. The proposed amendment does not solely confer a special benefit upon any person. 4. The proposed amendment satisfies that condition of approval of the Final Plat of the Chadwick PUD (File PDF- 00033) set forth in Resolution 97 -160 as Condition 2. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT this Chadwick Property Amended and Restated PUD Guide amends, restates, and supersedes in its entirety the previously approved Chadwick Property PUD Guide in order to fulfill the requirement of Resolution 97 -160, and to ensure the orderly use of the property in accordance with the standards, restrictions and regulations which govern the use of land within the Chadwick Planned Unit Development. THAT, the application submitted by The Vail Corporation for amendment of the Chadwick Planned Unit Development be and is hereby granted subject to the following conditions: 1. Approval of File PDF- 00033, Final Plat, Chadwick PUD and the signing of the Plat. The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants 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 day of 2000, nunc pro tunc to the 16 day of October, 2000. 2 ATTE BY: Clerk of the Board of County Commissioners 1 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: (7 0 - 41�' Tom C. Stone, Chairman BY: LIWA chael L. Gallaghr, Commissioner A //// ohnnette Phillips, Comnfissioner r . Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Johnnette Phillips This Resolution passed by 3 -0 . vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 C c CHADWICK PROPERTY AMENDED AND RESTATED PUD GUIDE PURPOSE: A. WHEREAS Resolution 97 -160 of the Board of Eagle County Commissioners, recorded December 12, 1997 in Book 746 at Page 76, requires that "A clarification of `no permitted uses' other than open space, including the portion across the Eagle River, of the property will be made to the PUD guide [sic.] and the Final Plat. The remainder of the site shall remain open space, excluding passive recreation structures and uses." B. THEREFORE, this Amended and Restated PUD Guide amends, restates, and supersedes in its entirety the previously approved Guide to the Chadwick Property in order to fulfill the requirement of Resolution 97 -160, and to ensure the orderly use of the property in accordance with the standards, restrictions and regulations which govern the use of land within the Chadwick Planned Unit Development. C. The Chadwick PUD is a single lot, restricted use, development which will serve solely as a location for parking, accessory uses, and open space for the RiverEdge project immediately adjacent to the east. 1. Definitions a. Open Space shall mean all that area of the Chadwick Parcel not used for parking or the siting of residential accessory recreational structures as set forth in C.2.a and C.2.b below. Construction within open space shall be restricted to the south side of the Eagle River, and be limited to one foot path, irrigation structures, and erosion protection devices. 2. Permitted Uses a. Fifteen parking spaces to serve solely the RiverEdge property. b. Common residential accessory recreational uses and structures to serve solely the RiverEdge property, including, but not limited to, swing sets and playground equipment, barbecue and picnic facilities, and pedestrian trails. C. Open space, which shall be all other portions of the Chadwick property not used for the purposes set forth in items a and b above, including, but not limited to the Eagle River, steep slopes, river banks and riparian areas, wetlands, and all that portion of the property lying north of the Eagle River. 2. No Other Permitted Uses No uses other than those above shall be permitted in the Chadwick PUD.