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HomeMy WebLinkAboutR14-074 The Vines at Vail PUD 2nd Extension to Final Plat Approval Commissioner_ Ff S moved adoption of the following Resolution: RESOLUTION of the BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014 - 011 APPROVAL OF THE SECOND EXTENSION TO THE FINAL PLAT FOR THE VINES AT VAIL PLANNED UNIT DEVELOPMENT FILE NO. PR-4856 WHEREAS,on or about May 2,2014,. the County of Eagle, State of Colorado, accepted for filing a request(Eagle County File No. PR-4856)submitted by KIWA Associates LLC,(hereinafter "the Applicant") for a second, consecutive two (2) year extension of a Final Plat for The Vines at Vail Planned Unit Development (herein after"the Final Plat for Subdivision"), and; WHEREAS,The Vines at Vail PUD is a multi-use development consisting of 31 residential dwelling units, up to 80,500 square feet of floor area for "non-residential" uses including retail, restaurant, office, recreation, lodging, conference, open space, and agricultural uses on a 38.5 acre site located in the Wolcott area of unincorporated Eagle County, described as follows: A part of Tract 48, Township 4 South, Range 83 West, Sixth Principal Meridian; in County of Eagle, State of Colorado, and; WHEREAS, the Eagle County Board of County Commissioners (hereinafter"the Board") approved the Final Plat for Subdivision (Eagle County File No. PDF-00098)on November 6, 2007 (Final Plat attached hereto as Exhibit `A'), and; WHEREAS, the Board entered into a Subdivision and Off-Site Improvements Agreement with the Applicant, dated on or about September, 2007, for the Final Plat for Subdivision, and; WHEREAS,in accordance with Section 5-280.5.d(1)—Length of Approval,Eagle County Land Use Regulations(hereinafter"ECLURs"), all Final Plats for Subdivision are valid for five(5) years from the date of their issuance, and; WHEREAS,in accordance with Section 5-280.5.d (1)—Length of Approval, ECLURs,the Board has the option to extend these time periods, and; WHEREAS,in accordance with Section 5-280.5.d(2)—Infrastructure Installed,ECLURs,if the infrastructure required to develop at least fifty (50) percent of the lots in a single phase subdivision or the infrastructure required to develop the first phase of a multi-phase subdivision is installed, the Final Plat shall remain valid without any further time limitation, and; WHEREAS, The Vines at Vail is a multi-phase subdivision wherein the infrastructure required to develop the first phase of the development has not been installed, and; WHEREAS, in accordance with Section 5-280.5.d (3)—Extension of Final Plat Approval, ECLURs, approval of a Final Plat for Subdivision shall be voided and extinguished unless the Applicant can demonstrate by competent substantial evidence that (a) failure to proceed with the development of the application was beyond the Applicant's control; (b)the development complies with the ECLURs; (c)there is reasonable likelihood the next step in the development application will be submitted within the next two (2) years, and; WHEREAS, in accordance with Section 5-280.5.d (3)—Extension of Final Plat Approval, ECLURs, and pursuant to Resolution No. 2013-043, the Board granted a two-year extension to the Final Plat for Subdivision (Eagle County File No. PR-4083) based upon the competent demonstration by the Applicant that such request met the requirements of Section 5-280.5.d (3)— Extension of Final Plat Approval, ECLURs, which became effective November 6, 2012, and; WHEREAS, such two (2) year extension is scheduled to expire on November 6, 2014, and the infrastructure required to develop the first phase of the subdivision has not been installed, and; WHEREAS,in accordance with Section 5-280.5.d (3)—Extension of Final Plat Approval, ECLURs, 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 Final Plat for Subdivision is to expire, and; 2 WHEREAS, the Applicant duly filed a written request for a second, two (2) year extension for the Final Plat for Subdivision to the Planning Director within such period prior to expiration of the Final Plat for Subdivision, and; WHEREAS, the aforementioned extension request is based, in part, on a failure of the Applicant to complete installation of the infrastructure required to develop the first phase of a multi- phase subdivision, and; WHEREAS, at its regular public hearing on July 8. 2014, the Board considered the request for an second extension of the Final Plat for Subdivision(PR-4856); 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, the Applicant, based on the application materials submitted as well as testimony delivered during the public hearing, did demonstrate by competent substantial evidence that (a) failure to proceed with the development of the application was beyond the Applicant's control; (b)the development complies with the ECLURs; (c)there is reasonable likelihood the next step in the development application will be submitted within the next two (2) years, and; WHEREAS, any extension period granted shall be based on the original date of Final Plat for Subdivision approval, in this case November 6, 2007, and; WHEREAS, notice of the extension request was not required by the ECLURs, Section 5- 210.E—Notice of Public Hearings; 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: 1. That,in accordance with Section 5-280.5.d(3)—Extension of Final Plat Approval,ECLURs, a written application requesting the extension WAS submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Final Plat for Subdivision was to expire. 3 2. That,in accordance with Section 5-280.5.d(3)—Extension of Final Plat 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-4856) of the Final Plat for Subdivision, 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. 2. The Applicant shall work with Eagle County staff to update the Subdivision and Off-Site Improvements Agreement, inclusive of details specific to jointly financed and constructed infrastructure by and between the Vines at Vail developer,the Wolcott PUD developer,and the Eagle River Water and Sanitation District. In the event that the Wolcott Development does not proceed prior to the expiration of The Vines at Vail Final Plat, or in the event that such coordinated approach to financing and construction of infrastructure is not diligently pursued by and between the above referenced parties,the Applicant shall be required to update and execute the SIA for the Vines at Vail PUD prior to commencing construction of the first phase of the development. THAT,The Vines at Vail Final Plat for Subdivision is extended until November 6,2016,or until such time as the infrastructure required to develop the first phase of the subdivision has been completed, inspected and deemed sufficient by the County of Eagle, State of Colorado, or the Applicant has made subsequent request for additional extension according to the ECLURs; THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; 4 • 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 3(D day of 14.Al(aVS t ,2014, nunc pro tunc the eighth day of July, 2014. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: oc,LE BOARD OF COUNTY COMMISSI0 • ERS . — L� � ice.►. Y: I. A L Teak J. Simo f on %tly Jil ..n H. Ryan Clerk to the Board of airman County Commissioner_____ Sara J. Fishe Commissioner W / / Kathy C ndler-Henry Commissioner 1\-L1-4 42–■A CommissionerC-4Ct1)IALO-seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan vt '^ Commissioner Sara J. Fisher 1, ` Commissioner Kathy Chandler-Henry 5 This Resolution passed by /u vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5