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HomeMy WebLinkAboutR20-038 Final Plat for the Fox Hollow PUD File No. PDF-009042-2019 Eagle County, CO 202007685 DocuSign Envelope ID:08A9214D-85DC-4DC4-8FC3-9B3CB07A1BED Regina O'Brien 05/26/2020 Pgs: 6 11:18:23 AM REC: $0.00 DOC: $0.00 McQueeney Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2020-038 RESOLUTION APPROVING A FINAL PLAT FOR THE FOX HOLLOW PUD Eagle County File No.PDF-009042-2019 WHEREAS, on or about June 5, 2019, the County of Eagle, State of Colorado, accepted for filing an application submitted by Murray Road Property, LLC (the "Applicant") for a final plat (the "Final Plat") for the Fox Hollow Planned Unit Development (the "PUD") to memorialize the incorporation of additional land into the PUD, known as the C&C Ventures Parcel and the reorganization of Lots 2 and 3 and Tract B into two (2) lots (the "Property") through a recent amendment to the Fox Hollow PUD, (the "PUD Amendment"). The Property is more particularly described on Exhibit A.attached hereto and incorporated herein,and; WHEREAS, the Applicant submitted an application for the PUD Amendment on July 17, 2017, and simultaneously submitted an application for an amendment to the official zone district map of Eagle County to change the zoning on the Property from Residential Suburban Low Density to PUD. The PUD Amendment and request for zone change were approved pursuant to Resolution No.2018-086,recorded under Reception No.201818195,and; WHEREAS, the Applicant requested approval of the Plat for the PUD to create a legal lot of record for the Property subject to the PUD Amendment. Following the approval of this Plat for the Property,the Property will be referred to as the Residences at Fox Hollow,and; WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section 5-210.E - Notice of Public Hearings, notice of the Final Plat was mailed to all owners of property adjacent to the Property concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the applications by the Board of County Commissioners of the County of Eagle (the"Board"),and; WHEREAS,at its public hearing held on December 17,2019,the Board considered the Final Plat, associated plans, the statements and concerns of the Applicant, the Eagle County Community Development Department,Engineering staff,other interested persons,and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as the comments of the Eagle County Community Development Department, comments of public officials and agencies, and comments from all interested parties,the Board finds as follows: THAT, the application for the Final Plat complies with the standards in ECLUR Section 5- 280.B.3.e.-Standards,as set forth below: 1 DocuSign Envelope ID:08A9214D-85DC-4DC4-8FC3-9B3CB07A1 BED 1. Conformance with Comprehensive Plan. Pursuant to Section 5-280.B.3.e.1,the proposed subdivision is in substantial conformance, as conditioned,with the purposes, intents,goals, and policies of the Eagle County Comprehensive Plan, the Edwards Community Area Plan (ECAP) and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. TheECAP indicates this area is appropriate for redevelopment. According to the ECAP, there is a shortage of workforce housing in Edwards and across Eagle County,and the EACP strongly encourages the development of new affordable housing units in appropriate places as opportunities allow.The EACP indicates west Edwards as an appropriate place for affordable housing.The PUD Amendment provided appropriate mitigation in accordance with the Affordable Housing Guidelines,which was one of the justifications for approving the PUD Amendment which the Final Plat is memorializing. 2. Consistent with Land Use Regulations. Pursuant to Section 5-280.B.3.e.2, the proposed subdivision complies with all of the standards of this Section and all other provisions of the ECLUR, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. In particular, condition of approval number three requires unit application fees be paid at time of application of Minor Subdivision processes which will create the 87 units approved as part of the PUD Amendment. The permitted use in the area of the Amendment to the Fox Hollow PUD is residential. Variations from applicable standards were approved as part of the PUD Amendment and memorialized in Eagle County Resolution No.2018-086. 3. Spatial Pattern Shall Be Efficient. Pursuant to 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.The PUD is an infill development along HWY 6 in west Edwards, and at the time of the PUD Amendment approval the spatial pattern was assessed and confirmed to adhere to requirements. No additional public utility extensions are required to serve the additional 87 units approved as part of the PUD Amendment because utilities were already put in place as part of the original PUD approval.The C&C Ventures parcel was incorporated into the PUD via the PUD Amendment, and was an unplatted parcel with limited utilities.This Final Plat will create a legal lot of record for all of the Property subject to the PUD Amendment. 4. Suitability for Development. Pursuant to Section 5-280.B.3.e.4, the Property proposed to be subdivided is 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. The PUD Amendment incorporated the adjacent C&C Ventures and was approved for 87 additional units on October 23, 2018.The purpose of this Final Plat is to remove the lot lines between the existing parcels and reorganize to form 2 new parcels to comply with the PUD Amendment approval. 5. Compatible with Surrounding Uses. Pursuant to Section 5-280.B.3.e.5, the proposed subdivision is generally compatible with the existing and currently permissible future uses of adjacent land, and other substantially impacted land, services, or infrastructure 2 DocuSign Envelope ID:08A9214D-85DC-4DC4-8FC3-9B3CB07A1 BED improvements. The compact development of the PUD is similar to other approved, surrounding land uses and the general, existing land use pattern in west Edwards. The project's proximity to uses of similar density and type helps to create a smooth transition from east to west along Highway 6 and I-70 Corridors. 6. Adequate Facilities. Pursuant to Section 5-280.B.3.e.6, the Applicant has demonstrated that the development approved as part of the PUD Amendment will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection,and roads and will be conveniently located in relation to schools,police and fire protection, and emergency medical services. The adjacent utilities are sufficient to accommodate the density associated with the PUD Amendment,and the utilities are located at multiple connection points within close proximity of the project. The service providers are Upper Eagle Water Authority/ERWSD (water and sewer), Black Hills Energy Corporation (natural gas), Holy Cross Energy (electric) and CenturyTel/CenturyLink (telecom).Eagle County School District stated their preference for the developer to provide cash-in-lieu as opposed to land to fulfill the required school dedication per ECLUR Article 4. The Eagle County School District is in agreement that the Applicant or developer shall pay $208,108.98 the school land dedication fee in lieu, per condition five prior to the recording of the Final Plat. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT,the approval of the Final Plat is conditioned upon the following: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval; 2. The Applicant/developer shall record deed restrictions in a form approved by the Eagle County Housing Department restricting 32 of the residential units within the development as Resident Occupied units (which must be sold in accordance with the Eagle County Affordable Housing Guidelines, as may be amended from time to time, and the Eagle County Affordable Housing Guidelines: Administrative Procedures, as may be amended from time to time) and restricting 4 one-bedroom units as Price Capped units. The initial sales price of the 4 Price capped unit will be set at prices affordable to Households earning 100%AMI. The applicable deed restrictions shall be recorded immediately following the recording of each condominium map for the PUD. The deed restrictions shall be first and prior to any and all interest in, lien upon or obligation recorded of record against the PUD Property. After the initial developer sales,Price Capped unit resales will be completed through the Program Administrator or its designee per the Eagle County Affordable Housing Guidelines: Administrative Procedures as may be amended from time to time. Resales of the Resident Occupied units may be listed by any means the homeowner chooses with the requirement that the Program Administrator confirms Resident Occupant eligibility prior to any sale. 3 k . DocuSign Envelope ID:08A9214D-85DC-4DC4-8FC3-9B3CB07A1 BED 3. As agreed to with the Applicant,the unit application fee,normally paid at Final Plat, will be collected during the applicable Minor Subdivision processes creating the 87 units approved as part of the PUD Amendment. 4. The owner/Applicant shall demonstrate that Lot 2 and Tract Al complies with the Residences at Fox Hollow Irrigation System and Soil Requirements as stated in Section 9.0 of the Fox Hollow PUD Guide prior to the issuance of any temporary certificate of occupancy or certificate of occupancy for the PUD. 5. The Applicant/developer shall provide payment to the County in the amount of $208,108.98 for the school land dedication fee in lieu as required due to the increase in density approved as part of the PUD Amendment, prior to the recording of the Fox Hollow Final Plat. 6. The Applicant shall comply with the recommended conditions of the Colorado Geological Survey Referral Letter dated, November 22, 2017, concerning mitigation of the rockfall hazard prior to the issuance of any building permits for the PUD.The Applicant shall provide an updated geotechnical report and perform rockfall mitigation measures prior to any temporary certificate of occupancy for the PUD. 7. The Applicant/developer shall be responsible for the installation of, and the Residences at Fox Hollow Homeowners Association shall be responsible for all maintenance and repair of the segment of Murray Road west of Fox Hollow Lane and the associated on-street parking spaces.This segment of Murray Road shall be dedicated to the public. 8. The developer of the Fox Hollow PUD shall be responsible for the installation of and The Residences at Fox Hollow Homeowners Association shall be responsible for the maintenance,repair,and replacement of all trails and sidewalks associated with the Fox Hollow PUD,including all internal PUD trails and sidewalks,the sidewalk on the north and south sides of Murray Road,the asphalt sidewalk along the south side of US Highway 6 across the frontage of the PUD Property. the asphalt sidewalk along the south side of US Highway 6 across the adjacent property to the east of the PUD, and the trail/path from Building 1 of the PUD to the picnic area to the north of Building 1. The trails and sidewalks described herein and on the Final Plat shall be constructed prior to the issuance of the last temporary certificate of occupancy for the PUD and shall be hereby dedicated for the use of the public forever. THAT, the Board 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, on this 21 day of April 2020, nunc pro tunc December 17, 2019. 4 K K DocuSign Envelope ID:08A9214D-85DC-4DC4-8FC3-9B3CB07A1BED (101010.- COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: � y O DocuSigned by: BOJ 319d1 � QocuSignedby:-�- ifs a evrxitAit, By: half c / t v' efffiftlinbard Matt RScherr Chairman Pro-Tern --DocuSigned by: �46""ti-S JeaifeiteN� ney Commissioner Absent Kathy Chandler-Henry Commissioner Scherr Commissioner seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Absent Commissioner McQueeney Aye Commissioner Scherr Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle,State of Colorado 5 Y DocuSign Envelope ID:08A9214D-85DC-4DC4-8FC3-9B3CB07A1 BED EXHIBIT A PARCEL A: A TRACT OF LAND SITUATED IN LOT 4 OF SECTION 6,TOWNSHIP 5 SOUTH,RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,LYING SOUTHERLY OF U.S.HIGHWAY NO.6 AND 24,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY WHENCE THE NORTHWEST CORNER OF SAID SECTION 6 BEARS NORTH 62 DEGREES 04 MINUTES 11 SECONDS WEST 675.22 FEET; THENCE SOUTH 69 DEGREES 02 MINUTES EAST 100.04 FEET ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID HIGHWAY; THENCE SOUTH 00 DEGREES 49 MINUTES WEST 706.09 FEET; THENCE NORTH 66 DEGREES 58 MINUTES 43 SECONDS WEST 101.44 FEET; THENCE NORTH 00 DEGREES 49 MINUTES EAST 702.22 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY,THE POINT OF BEGINNING, COUNTY OF EAGLE,STATE OF COLORADO. NOTE:THE ABOVE LEGAL DESCRIPTION IS REAL PROPERTY ONLY AND DOES NOT INCLUDE MANUFACTURED HOUSING. PARCEL B: LOTS 2,3,AND TRACT B,FOX HOLLOW PUD,ACCORDING TO THE PLAT RECORDED APRIL 28, 2006 UNDER RECEPTION NO.200610925,COUNTY OF EAGLE,STATE OF COLORADO. 6 R