HomeMy WebLinkAboutR19-057 Extension to the Sketch Plan Fieds Subdivision File No. PR-8006 3Commissioner 1 moved adoption
of the following Resolution:
RESOLUTION
of the
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2019-
APPROVAL OF AN EXTENSION TO THE SKETCH PLAN FOR SUBDIVISION FOR
THE FIELDS SUBDIVISION
FILE NO. PR-8006
WHEREAS, on or about October 30, 2018, the County of Eagle, State of Colorado,
accepted for filing a request (Eagle County File No. PR-8006) submitted by The Fields
Development Group, LLC, (hereinafter"the Applicant") for a consecutive two(2) year extension
of the Sketch Plan for Subdivision (hereinafter the "Sketch Plan") for the Fields Subdivision to
allow for a residential development consisting of 97-110 residential dwelling units on a 19.39
acre parcel in the El Jebel area more particularly described as follows:
554 Valley RD, Arlian Ranch Subdivision Lot: 5,APN 2391-334-01-003, in the County
of Eagle, State of Colorado (the "Property"), and;
WHEREAS, the Eagle County Board of County Commissioners (hereinafter "the
Board") approved the Sketch Plan (Eagle County File No. SUS-5557) for the Fields Subdivision
on December 1, 2016; and,
WHEREAS, in accordance with Eagle County Land Use Regulations ("ECLUR")
Section 5-280.B.3.f(3) -Length of Approval, all Sketch Plans for Subdivision are valid for two
(2)years from the date of their issuance, and;
WHEREAS, in accordance with ECLUR Section 5-280.B.3.f.(4) — Expiration of
Approval, the resolution for approval of a Sketch Plan for Subdivision by the Board of County
Commissioners shall be null and void unless an application for a Preliminary Plan for
Subdivision is submitted and deemed sufficient by the Planning Director within two (2) years
after the date of approval of the Sketch Plan for Subdivision, and;
WHEREAS, in accordance with ECLUR Section 5-280.3.f.(5) —Extension of Sketch
Plan Approval,the Board has the option to extend this time period, and;
WHEREAS, the applicant failed to submit a Preliminary Plan for Subdivision on or
before December 1, 2018, and;
WHEREAS, in accordance with ECLUR Section 5-280.B.3.f.(5) - Extension of Sketch
Plan Approval, approval of a Sketch Plan 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 these Land Use Regulations and the Comprehensive Plan; and (c)
there is a 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 Section 5-280.B.3.f.(5) —Extension of
Sketch Plan Approval, 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 Subdivision is to expire, and;
WHEREAS, the applicant duly filed a written request for a two (2) year extension for
the Sketch Plan for Subdivision to the Planning Director within such period prior to expiration of
the Sketch Plan for Subdivision, and;
WHEREAS, at its regular public hearing on May 28, 2019, the Board considered the
request for a two-year extension of the Sketch Plan for the Fields Subdivision; 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 expiration date of the
Sketch Plan for Subdivision for the Fields Subdivision, in this case December 1, 2018, and;
„ r
WHEREAS, proper notice of the extension request was given as required by the
ECLURs, Section 5-210.E.,Notice ofPublic Hearings, and;
WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, the Mid Valley Area Community Plan, the
Future Land Use Map ("PLUM”) for the Highway 82 Corridor Character 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 finds as follows:
1. That, in accordance with ECLUR Section 5-280.B.3.f(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 for
Subdivision was to expire.
2. That, in accordance with ECLUR Section 5-280.B.31,(5)— Extension of Sketch Plan
Approval, 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 two (2) year extension (Eagle County File No. PR-8006) of the
Sketch Plan for Subdivision for the Fields 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 their application and in any
public meeting shall be adhered to and considered conditions of
approval.
THAT, the approval for the Sketch Plan for Subdivision for the Fields Subdivision is
extended until December 1, 2020.
3
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 Commissions s of the
County of Eagle, State of Colorado, at its regular meeting held on the 1Jt day of
AUC S , 2019 , nitric pro tunc the 28th day of May, 2019.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
c� % BOARD OF COUNTY COMMISSIONERS
ATTEST:
* tit)11-1-� BY: �6)
Clerk to the Board of Je McQueen
Co - Commissioners Ch.
Kathy a!andler-Henry
Commissioner
Matt hel
Commissioner
Commissioner C-1-� -��i"D ULA3- 'A�'seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney a
Commissioner Chandler-Hemy
Commissioner Scherr
3
This Resolution passed by l 6 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
4