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Home My WebLink AboutR19-011 Replacing Previoius Resolution Eagle County, Co 201909116 Regina O'Brien 06/19/2019 Pgs: 5 04:50:23 PM REC: $0.00 DOC: $0.00 moio - ILS yN2 3 c � � Commissioner v 0 �- - moved adoption o o" i of the following Resolution: y o N o c 4 d 4 4 RESOLUTION c o of the � , a " BOARD OF COUNTY COMMISSIONERSy a d g COUNTY OF EAGLE STATE OF COLORADO w o F % Fe ao c . o `c m 4 o RESOLUTION NO.2019- � °'� � c le c ti u APPROVAL OF THE FOURTH EXTENSION TO THE FINAL PLAT FOR THE VINES . d AT VAIL PLANNED UNIT DEVELOPMENT FILE NO.PR-7789 WHEREAS, on September 5, 2006, the Eagle County Board of County Commissioners (hereinafter "the Board") approved the Preliminary Plan for the Vines at Vail Planned Unit Development ("Vines at Vail"), a single phase project consisting of 31 residential dwelling units and up to 80,500 square feet of other uses including retail,restaurant, office,recreation,lodging, conference, open space, and agriculture located certain real property located in the Wolcott area,' further 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, on November 6, 2007, the Board approved the Final Plat for the Vines at Vail Subdivision(Eagle County File No. PDF-00098), and; WHEREAS, in accordance with ECLUR Section 5-280.B.5.d (1), Length of Approval, all Final Plats for subdivision are valid for five(5)years from the date of their issuance, and; WHEREAS, in accordance with ECLUR Section 5-280.B.5.d (2) Infrastructure Installed, 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 for Subdivision shall remain valid without any further time limitation, and; This Resolution and this recording replaces and supersedes the previous Resolution and recording of the Board of Eagle County Commissioners Resolution No. 2019-011 recorded March 12, 2019, at Reception No. 201903323 and to correct certain clerical errors. This recording fully replaces the previous recording. WHEREAS, in accordance with ECLUR Section 5-280.B.5.d (3), Extension of Final Plat Approval, a Final Plat for Subdivision shall be voided and extinguished on the date of expiration unless the owner can demonstrate that (a) failure to proceed with the development of the application was beyond the Applicant's control; (b) the development still 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 ECLUR Section 5-280.B.5.d (3), Extension of Final Plat Approval, the Board, upon receipt of a request for Final Plat Extension, may grant an extension of final plat approval for two (2)years, and; WHEREAS, on or about October 1, 2012 the County. of Eagle, State of Colorado (the "County"), accepted for filing a request submitted by Kiwa Associates,LLC ("Kiwa") for a two (2) year extension of the Final Plat for Vines at Vail Subdivision (Eagle County File No. PR-4083), and; WHEREAS, any extension period granted by the Board shall be based on the original date of Final Plat for Subdivision approval, and; WHEREAS, at its regular public hearing on March 19, 2013,the Board granted a two (2) year extension to the Final Plat for the Vines at Vail Subdivision, nunc pro tunc to November 6, 2012, as memorialized in Resolution 2013-043, and; WHEREAS on or about May 2, 2014, the County of Eagle, State of Colorado, accepted for filing a request submitted by Kiwa for a second two (2) year extension of the Final Plat for the Vines at Vail Subdivision(Eagle County File No.PR-4856), and; WHEREAS, at its regular public hearing on July 8, 2014, the Board granted a second two (2) year extension of the Final Plat for the Vines at Vail Subdivision, nunc pro tunc to November 6,2014, as memorialized in Resolution 2014-074, and; WHEREAS on or about September 6, 2016, the County accepted for filing a request submitted by Kiwa for a third two (2) year extension of the Final Plat for the Vines at Vail Subdivision(Eagle County File No. PR-6481), and; WHEREAS, at its regular public hearing on April 11, 2017, the Board granted a third two (2) year extension of the Final Plat for Vines at Vail Subdivision, nunc pro tunc to November 6,2016, as memorialized in Resolution 2017-042, and; 2 WHEREAS on or about July 19, 2018, the County accepted for filing a request submitted by Kiwa for a fourth two (2) year extension of the Final Plat for the Vines at Vail Subdivision(Eagle County File No. PR-7789),and; WHEREAS, at its regular public hearing on December 4, 2018, and January 19, 2019, the Board considered the fourth request for an extension of the Final Plat for the Vines at Vail Subdivision (PR-7789); 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 df 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 Wolcott Area Community Plan, the Future Land Use Map ("FLUM")for the Wolcott Area,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 granted the fourth request for an extension of the Vines at Vail Subdivision and found as follows: 1. That 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 in accordance with ECLUR Section 5-280.B.5.d(3),Extension of Final Plat Approval. 2. That, as conditioned, the Applicant did demonstrate by competent substantial evidence that: (1) The 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 fourth two (2) year extension of the Final Plat for the Vines at Vail Subdivision be and is hereby approved, subject to the following conditions: 3 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in their application and in any public meeting shall be adhered to and considered conditions of approval. 2. The Applicant shall provide to the satisfaction of the Eagle County Engineer a revised Subdivision Improvements Agreement (the "SIA") with a detailed Construction Schedule, and collateral in the form of a Letter of Credit for the estimated cost of construction of 100% of the Public Improvements for the PUD within six(6)months of the Extension Approval,or as otherwise approved by the County Engineer. THAT, The Vines at Vail Final Plat for Subdivision is extended until the earlier of November 6, 2020, or such time as 50% of the infrastructure required to develop the PUD has been completed, inspected and deemed sufficient by the County of Eagle, State of Colorado; 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 12th day of March, 2019, nunc pro tunc the 19th day of February,2019. The rest of this page intentionally left blank 4 COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: • IL ' '4 t4)V-A tom.. By: ft) Clerk to the Board of J nne McQueeney Coun• Comm' sioners C ttallia f � Kathy C fl dler-Henry Commissioner Matt Scher' Commissioner Commissioner 3e.14-4_114--47-- seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney 14-m Commissioner Chandler-Henry 1Q-ti. 4 Commissioner Scherr 5