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HomeMy WebLinkAboutR06-032 denial of extension of preliminary plan for Colorado River Ranch PUD Commissioner 0T OL-t \l moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - DENIAL OF A REQUEST TO EXTEND THE LIFE OF THE APPROVAL OF THE PRELIMINARY PLAN FOR THE COLORADO RIVER RANCH PLANNED UNIT DEVELOPMENT File No. PDP-00018 WHEREAS, on March 13, 2006, the Board of County Commissioners approved a Preliminary Plan for the Colorado River Ranch Planned Unit Development, for the purpose of allowing the Applicant to develop a resort facility consisting of: A club facility that would consist of: 18 hole golf course; Clubhouse facility with a pro shop, cart storage, restaurant and 16 overnight rooms; 25 small ranch homesteads, most with building envelopes of 1:t acres, and a few with building envelopes of 6:t acres, the latter allowing for horses; A Children's pavilion; Maintenance facility with an employee dorm; Pool(s), tennis court(s), sporting clays, etc.; and Related facilities including comfort stations, range building, pump-houses. A fire station with two bays and an employee unit housing up to 4 employees. Agricultural uses (a ranch operation) and open space, covering approximately 872 acres; and WHEREAS, Section 5-240.F.3.k (2), Length of Approval, in the Eagle County Land Use Regulations, provides that PUD preliminary plans are valid for five (5) years from the date of their issuance; and WHEREAS, Section 5-240.F.3.k (3), Extension, in the Eagle County Land Use Regulations, further provides that upon written request, an extension of the Preliminary Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in 1 length, if the applicant demonstrates by competent substantial evidence that failure to complete development of the PUD was beyond the applicant's control, the Preliminary Plan for PUD is not speculative in nature, the Preliminary Plan for PUD still complies with the Land Use Regulations and the Comprehensive Plan, and there is a reasonable likelihood the PUD will be developed in the next two (2) years; and WHEREAS, the S. Diane Graham Trust, ("Applicant") did file a request with the Eagle County Department of Community Development on or about February 9,2006, that the Preliminary Plan's life be extended; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on March 14,2006; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Comprehensive 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. Failure to proceed with the development of the application was not beyond the applicant's control; 2. The development is speculative in nature; 3. The development does not comply with the Land Use Regulations and the Comprehensive Plan; and 4. 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: and WHEREAS, pursuant to Section 5-21O.H, Extinguishment of Approvals, in the Eagle County land Use Regulations, the Board of County Commissioners shall initiate a hearing to determine whether to extinguish the Colorado River Ranch Planned Unit Development ("PUD"); and WHEREAS the Board of County Commissioners must direct the Community Development Director to notify the Applicant by United States Mail at least thirty (30) calendar days in advance that a hearing will be scheduled before a Hearing Officer on whether the PUD 2 should be extinguished; and WHEREAS, the Board of County Commissioners has appointed a Hearing Officer to conduct the hearing and the Eagle County shall be represented by the Community Development Director or his delagee and the Applicant shall be represented by himself or his representative. All evidence shall be presented under oath, and the parties involved shall be permitted to cross-examine witnesses. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the request that the life of the Preliminary Plan for the Colorado River Ranch Planned Unit Development be extended be and is hereby DENIED. THAT, the Board of County Commissioners directs the Community Development Director to notify the Applicant by United States Mail at least thirty (30) in advance of scheduling the Extinguishment hearing. THAT, the Board of County Commissioners appoints George H. Hass as the Hearing Officer to conduct hearing on expiration of Special Use Permits, SketchlPreliminary Plan for PUD and Sketch PlanlPreliminary Plan or Final Plat for Subdivision(s). 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 Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of 2006, nunc pro tunc to the 14th day of March 2006. 3 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY OMMISSIONERS Teak J. Simonton Clerk to the Board of County Commissioners Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Runyon Commissioner Stone Commissioner Menconi '1 This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4