HomeMy WebLinkAboutR06-016 denial of preliminary plan for Palmerosa Ranch Subdivision
Commissioner ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006 - {)/~
DENIAL OF THE SUBDIVISION PRELIMINARY PLAN
FOR THE P ALMEROSA RANCH SUBDIVISION
FILE NOS. SUP-00008
WHEREAS, on or about October 3,2005, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Palmerosa Development Company, LLC,
(hereinafter "Applicant") for approval of the Subdivision Preliminary Plan for the Palmerosa
Ranch Subdivision, File No. SUP-00008; and,
WHEREAS, the Applicant requested the approval of a Subdivision Preliminary Plan for
a proposed development consisting of 5 residential lots, on a 43.689 acre site generally referred
to as Palmerosa Ranch; and,
WHEREAS, notice of the Preliminary Plan was given to all proper agencies and
departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and,
WHEREAS, at its public hearing held on December 7, 2005, the Eagle County Planning
Commission, based upon its findings, recommended approval with conditions of the proposed
Subdivision Preliminary Plan; and
WHEREAS, at its regular public hearings of December 20,2005, and February 7,2006,
the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed
Subdivision Preliminary Plan; associated plans; and the statements and concerns of the
Applicant, the Eagle County Community Development and Engineering Staff, and other
interested persons; and the recommendation of the Eagle County Planning Commission.
I
BASED ON THE EVIDENCE BEFORE IT, THE BOARD FINDS AS FOLLOWS:
Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for
the review of a Preliminary Plan for Subdivision:
1. Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The Subdivision is not
consistent with the Master Plan, specifically Chapter 4, Guiding Policies and
Implementing Actions, Section A., Environmental Quality, Guiding Policy 1, even
though it is consistent with the Future Land Use Map (FLUM).
2. Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - It has not
been demonstrated that the proposed subdivision complies with all of the
standards of this Section and all other provisions of these Land Use Regulations,
specifically Section 4-410, Wildlife Protection.
3. Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed
subdivision is located and designed to avoid creating spatial patterns that cause
inefficiencies in the delivery of public services, or require duplication or
premature extension of public facilities, or result in a "leapfrog" pattern of
development.
4. Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to
be subdivided is not suitable for development, considering its topography,
environmental resources and natural or man-made hazards that may affect the
potential development of the property, and existing and probable future public
improvements to the area.
5. Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - With the
recommended conditions of approval, the proposed subdivision is not compatible
with the character of existing land uses in the area and would adversely affect the
future development of the surrounding area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT the application for the Preliminary Plan for the Palmerosa Ranch Subdivision be
and is hereby denied.
2
THE BOARD further 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;J-ommiSSioner~
County of Eagle, State of Colorado, at its regular meeting held the L.L day of ::f; A
2006, nunc pro tunc to the 7th day of February 2006.
COUNTY OF EAGLE, STATE OF
by and Through Its
ATTEST: OF COUNTY COMMISSIO
Clerk to the Board of
County Commissioners
.
~~
Tom . Stone
Commissioner
Commissioner I~ seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Am M. Menconi 0Jt
Commissioner Peter F. Runyon ~
Commissioner Tom C. Stone
This Resolution passed by ~ vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
3