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HomeMy WebLinkAboutR96-046 amendment to Blue Ridge PUDCo.....~issioner moves adoption ~~ of the following Resolution: n.~ ~_ RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.9~-~ APPROVAL OF AMENDMENT OF '-~ THE BLUE RIDGE PLANNED UNIT DEVELOPMENT `:~ FILE NO. PD-311-94-A ~~ , ~~ WHEREAS, on or about _November 15. 1995 ,the County of Eagle, State of Colorado, accepted for filing an application submitted by Kevin and Tammy Tucker (hereinafter "Applicant") for amendment of the Blue Ridae Planned Unit Development, EI Jebel ,Colorado (hereinafter the "PUD"), File No. PD-31195 A ;and WHEREAS, the Applicant requested the amendment of the PUD for the pur{~oses of .7GGNIIV 1+V111VICtC ICIICI nunl u1C u r~mrnnarv vian conaition or ao~rovai reauirmq aealCailOn ana collateralization of Blue Ridge Lane from the east edgQ of Phase I through the Ace Lane I?J~R~ to~he intersection of Highway 82 and the ~oQOSed realigned Willits Lane ; 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 Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board"); and WHEREAS, at its public meetings held _Januarv 4 and February 8.1996 ,the Planning Commission, based upon its findings, recommended denial of the proposed PUD Amendment; and ~' C° .>a ~«r 589464 B-693 P-468 U4/3U/96 U3:14P PG 1 OF 4 REC DOC Sara J. Fisher Eagle County Clerk & Recorder U.UU WHEREAS, at its public hearings of January 16. February 20 an~March 12. 1996 ,the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: 1. The proposed amendment to the Blue Ridge 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 shall not solely confer a special benefit upon any person. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Kevin and Tammy Tucker for amendment of the Blue Ridge Planned Unit Development be and is hereby granted subject to the following conditions: When the Level of Service for Blue Ridge Lane to EI Jebel Road reaches a Level of Service D as determined by the County Engineer, or when the Level of Service at the Blue Ridge Lane/EI Jebel Road intersection reaches a level of Service E as determined by the County Engineer, and, in both cases, if Blue Ridge Lane through Kodiak Park to State Highway 82 at the realigned intersection of Willits Lane has not been constructed, then the Subdivider will secure any and all necessary land rights-of--way or easements for the construction of the remaining portion of Blue Ridge Lane, and to have them deeded to the County. Should Subdividers be unable to secure the necessary lands, rights-of--way or easements for the construction of the remaining portion of Blue Ridge Lane, the Subdividers: 1. Shall schedule a meeting with the Board of County Commissioners to discuss the Subdividers' inability to secure such property, and should the Board determine that such property is required, it shall assist the Subdividers in fulfilling its obligations under this contract, by using its power of eminent domain. 2. The Subdividers shall secure after consultation with the County Attorney, an appropriate appraiser to conduct the appraisal of the property. Page 2 of 4 • 1 .. ~. 3. After an appraisal, agood-faith offer in conformance the statute shall be made to the owner of the property. 4. If the offer of the County is not accepted, the County shall proceed to condemn the property. 5. All expenses of said condemnation, including all legal and attorneys' fees, costs, appraisal fees and incidental expenses, shall be paid as they are due by the Subdividers, it being understood that the condemnation proceeding may be prosecuted by the County Attorney or Special Counsel retained by the Board of County Commissioners. The Subdividers shall further pay any deposit necessary for the County to secure immediate possession as well as the final award to the owner. Phase III shall necessitate the construction of the road. 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 ,~_~ , 1996, nunc pro tunc to the 12th day of March , 19 9~. ;~' `'~,~ COUNTY OF EAGLE, STATE OF COLORADO, By . ~ `~ ~~~ ~ and Through Its BOARD OF COUNTY ,~ ~ ~, COMMISSIONERS ATTEST: ~~~o~ ~~Q __---- BY: BY: Sara J. Fisher George .Gates, Chairman Clerk of the Board of County Commissioners , B ohnnette Phillips, Commissi ner BY: James E. Johnson, Jr., Commissioner Page 3 of 4 Commissioner ~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips rr~,C__ Commissioner James E. Johnson, Jr. _- This Resolution passed by~Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 4 of 4