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HomeMy WebLinkAboutR06-027 vacation of final plat for Valley View Clinic Parcel A Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - VACATION OF THE FINAL PLAT FOR V ALLEY VIEW CLINIC, PARCEL A File No. SMA-00012 WHEREAS, on October 2, 2000, the Board of County Commissioners approved a final plat for Valley View Clinic, Parcel A, for the purpose of allowing the Applicant to develop a medical clinic; and WHEREAS, Section 5-280.B.5.d., Effect of Approval of a Final Plat for Subdivision, in the Eagle County Land Use Regulations, provides that all final plats are valid for five (5) years from the date of their issuance; and WHEREAS, Section 5-280.B.5.d., Effect of Approval of a Final Plat for Subdivision, in the Eagle County Land Use Regulations, further provides that if the developer has not installed infrastructure required for the subdivision, the Board of County Commissioners shall initiate a hearing to determine whether to extinguish the final plat for subdivision; and WHEREAS, infrastructure, pursuant to the development proposed for the Valley View Clinic, Parcel A, has not been installed within five (5) years of the approval of the final plat; and WHEREAS, the Applicant, who is the owner of that parcel of land referred to as Valley View Clinic, Parcel A, and certain adjacent property, no longer desires to develop the site as a medical clinic, but does now desire to build a child care center, pursuant to Eagle County File No. lS-00135, Solara Child Care Center, in a location and in a manner which is not consistent with the final plat approved for Valley View Clinic, Parcel A; and 1 WHEREAS, Crawford Properties, LLC, ("Applicant") did file a request with the Eagle County Department of Community Development on or about November 15, 2005, that the final plat for the Valley View Clinic, Parcel A be vacated and the related approvals extinguished; and WHEREAS, notice of the request for vacation of the final plat was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on February 14, 2006; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and 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, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board") finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Failure to proceed with the development of the application was not beyond the applicant's control; 3. The development is not speculative in nature; 4. The development complies with these Land Use Regulations and the Master Plan; and 5. There is not a reasonable likelihood the next step in the development application will be submitted, or the development itself will be initiated in the next two (2) years. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the final plat for Valley View Clinic, Parcel A, be and is hereby VACATED AND THE RELATED APPRO V ALS EXTINGUISHED. 2 THAT, the Board of County Commissioners 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 ftt:issioners of the County of Eagle, State of Colorado, at its regular meeting held the . day of ~ , th - 2006, nunc pro tunc to the 14 day of February 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY ATTEST: By: Clerk to the Board of County Commissioners gW2&~'Z . Tom C. Stone, Commissioner Commissioner .~ seconded edoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi ~ 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