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Home My WebLink AboutR14-105 Tree Farm PUD Approval of Second Extension Commissioner CA-tai, O t.+t,sa.-- F- i. -inoved adoption of the following Resolution: RESOLUTION of the BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014 - 109 APPROVAL OF THE SECOND EXTENSION TO THE SKETCH PLAN FOR THE TREE FARM PLANNED UNIT DEVELOPMENT FILE NO. PR-4395 WHEREAS,on or about July 11,2013,the County of Eagle,State of Colorado,accepted for filing a request(Eagle County File No. PR-4395)submitted by Woody Ventures,LLC,(hereinafter "the Applicant") for a second, consecutive two (2) year extension of the Sketch Plan for Planned Unit Development for the Tree Farm PUD (herein after"the Sketch Plan")to allow for a multi-use development consisting of 319 residential dwelling units totaling 392,819 square feet, and up to 96,375 square feet of commercial and mixed-use floor area, including retail, restaurant, service, office, light industrial and recreational uses, on a 71.71 acre site located at 401 Tree Farm Drive in the El Jebel area of unincorporated Eagle County, described as follows: A tract of land situated in Section 2, Township 8 South, Range 87 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 Sketch Plan(Eagle County File No.PDS-1567)for the Tree Farm PUD on September 1, 2010; and, WHEREAS,in accordance with Section 5-240.F.2.e(3)—Length of Approval,Eagle County Land Use Regulations (hereinafter "ECLURs"), all Sketch Plans for Planned Unit Development ("PUD") are valid for two (2) years from the date of their issuance, and; WHEREAS,in accordance with Section 5-240.F.2. (4)—Expiration of Approval,ECLURs, the resolution for approval of a Sketch Plan for PUD by the Board of County Commissioners 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, in accordance with Section 5-240.F.2.e (5) — Extension of Sketch Plan Approval,ECLURs, the Board has the option to extend these time periods, and; WHEREAS, in accordance with Section 5-240.F.2.e (5) — Extension of Sketch Plan Approval, ECLURs, and pursuant to Resolution No. 2011-61, the Board granted a two-year extension!(Eagle County File No. PR-3147)to the Sketch Plan on December 8,2011,nunc pro tune the first day of September, 2011, and; WHEREAS, such two (2) year extension was scheduled to expire on September 1, 2013, and; WHEREAS, the Applicant failed to submit a Preliminary Plan for PUD on or before September 1, 2013, and; WHEREAS, in accordance with Section 5-240.F.2.e (5) — Extension of Sketch Plan Approval,ECLURs,approval of a Sketch Plan 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 5-240.F.2.e (5) — Extension of Sketch Plan 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 Sketch Plan for PUD is to expire, and; HEREAS, duly fi fora second, ve extensio for the Sketch the Plan Applicant to the Planning led a Director written within such period prior to consecuti expiration two(2)of the Sketch Pl n for PUD, and; HEREAS,the aforementioned second extension request is based,in part, on a failure of the Applicant to submit a complete application for Preliminary Plan for PUD by September 1,2013, and; WHEREAS, at its regular public hearing on August 20, 2013, the Board considered the request fdr a second extension of the Sketch Plan(PR-4395);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 2 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 expiration date of the first extension of the Sketch Plan for PPUD, in this case September 1, 2013, 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 5-240.F.2.e (4) — Expiration of 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 Sketch Plan was to expire. 2. That, in accordance with Section 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 a second extension (Eagle County File No. PR-4395)of the Sketch Plan,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 Sketch Plan for PUD for the Tree Farm PUD is extended until September 1, 2015; 3 T11AT,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. MbVED,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 , 2014, nunc pro tunc the 20th day of August, 2013. //remainder of page intentionally left blank// 4 COUNTY OF EAGLE, STATE OF COLORADO,by and Through Its ATTEST: o� k.BOARD OF COUNTY COMMISSIONERS EAGt Irk ♦ z dir Teak J. Simonto °to w o * J. an H. Ryan � Y Clerk to the Board of Chairman County Commissioners — Sara J. Fisher Commissioner (1(ag j thy C dler-Henry Commissioner Commissioner 1ic"-e--% seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan 1 w Commissioner Sara J. Fisher - Commissioner Cathy Chandler-Henry yQ-A^ " ?— This Resolution passed by �U vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 9b q M �