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R89-093 Blue Lake Development preliminary plan approvalRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. gq IN RE THE MATER OF THE APPLICATION OF BLUE LAKE DEVELOPMENT COMPANY FOR P.U.D. PRELIMINARY PLAN APPROVAL RELATIVE TO THE BLUE LAKE PLANNED UNIT DEVELOPMENT, PHASE III, FILE NO: PD- 207 -89 -P - FINDINGS AND ORDER WHEREAS, Blue Lake Development Company did file with the Eagle County Department of Community Development an application requesting Preliminary Plan approval relative to the Blue Lake Planned Unit Development, Phase III, File No.: PD- 207 -89 -P, in accordance with Section 2.18 of the Subdivision Regulations of Eagle County, Colorado, 1972, as amended, as the same are set forth and incorporated in Chapter II of the Eagle County Land use Regulations, 1982, as amended ( "L.U.R.). The proposed development is on an approximate 276.93 acres parcel of land generally located north of State Highway No. 82 near the Garfield -Eagle County line in Sections 33 and 34, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Eagle, Colorado, and more particularly described in Exhibit " A " attached hereto and incorporated herein by this reference. WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That the Preliminary Plan is generally in conformance with the previously approved Sketch Plan and any information requested by the County Commissioners upon approval of the Sketch Plan. 3. That the proposed subdivision conforms to the Eagle County Land use Regulations and other applicable regulations, policies and guidelines. 4. That all reports on file have been reviewed pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource and significant wildlife areas. 5. That the applicant has proven to the satisfaction of the Board that the requested development is necessary in order to provide land for a demonstrated community need, and is otherwise in conformance with the requirements of Section 2.14.04 of the Eagle County Land Use Regulations, 1982, as amended. 6. Written restrictions to ensure the future availability of affordable housing shall not be required for Phase III in the manner required for Phases I & II. 7. A 50 foot setback from the high water mark of Blue Creek must be maintained throughout Phase III. y 4 NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the testimony and evidence presented at the public hearing, and the Findings of the Board of County Commissioners relative thereto as set forth in this Resolution, the Board hereby approves the application of the Blue Lake Development Company for Preliminary Plan approval of a Planned Unit Development relative to the Blue lake Planned Unit Development, Phase III, File No.: PD- 207 -89 -P. THAT, the Board hereby imposes the following conditions on its Preliminary Plan approval of Phase III of the Blue Lake Planned Unit Development, which conditions shall be fully complied with to the satisfaction of the Board prior to Final Plat approval of any portion thereof: 1. A 50 foot setback from the high water mark or the 100 year floodplain of Blue Creek must be maintained. 2. A statement of disclosure must be added to any future Final Plats which makes reference to the fact that Blue Lake lies in the inundation zone of the Spring Park Reservoir, as mapped by the Dam Safety Section of the Colorado Division of water Resources. 3. If deemed necessary the existing Colorado State Highway access permit must be amended to allow for any increased use being proposed. 4. More detailed information must be provided regarding possible sinkhole development in Phase III as suggested in the Colorado Geological Survey letter dated March 6, 1989. THAT, all provisions of the subject application, as subsequently modified by the Applicant during the preliminary plan process, which are not inconsistent with this Resolution are hereby incorporated herein by this refernece as if fully set forth at length. THAT, this Resolution is necessary to preserve the public health, welfare and safety. MOVED, READ AND ADOPTED by the Board of County Commissioners LE at its regular meeting 1989. AGLE, STATE OF yy"\ nd Through Its UN Y COMMISSIONERS L. GotaWon, ChAitman Welch, Commissioner George 4K. Gates, Commissioner Commissioner /}jzs seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates �1 Commissioner Donald H. Welch �e- Commissioner Richard L. Gustafson This Resolution passed by a �(alWA1;>yellS vote of the Board of County Commissioners of the County, of Eagle, State of Colorado. of the County of Eagle, State of Colorado, held the � day of (1 _ COUNTY E I THAT, all provisions of the subject application, as subsequently modified by the Applicant during the preliminary plan process, which are not inconsistent with this Resolution are hereby incorporated herein by this refernece as if fully set forth at length. THAT, this Resolution is necessary to preserve the public health, welfare and safety. MOVED, READ AND ADOPTED by the Board of County Commissioners LE at its regular meeting 1989. AGLE, STATE OF yy"\ nd Through Its UN Y COMMISSIONERS L. GotaWon, ChAitman Welch, Commissioner George 4K. Gates, Commissioner Commissioner /}jzs seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates �1 Commissioner Donald H. Welch �e- Commissioner Richard L. Gustafson This Resolution passed by a �(alWA1;>yellS vote of the Board of County Commissioners of the County, of Eagle, State of Colorado. of the County of Eagle, State of Colorado, held the � day of (1 _ COUNTY E