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HomeMy WebLinkAboutR24-082 Approval of an Amended Final Plat for 133 & 139 Kimberwick Way File No. AFP-009386-2023 Docusign Envelope ID:5F9CBC2A-5886-41 ED-A4F7-660DCE4B235D Eagle County, CO 202414260 Regina O'Brien 11/19/2024 Pgs: 5 04:40:59 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2024- 082 RESOLUTION FOR THE APPROVAL OF AN AMENDED FINAL PLAT FOR 133 & 139 KIMBERWICK WAY Eagle County File No.AFP-009386-2023 WHEREAS,on or about August 22,2023,the County of Eagle, State of Colorado, accepted for filing Eagle County File No. AFP-009386-2024(the"AFP"or"Application") submitted by the property owner Kenneth and Debra Dunn(collectively,the"Applicant"); and WHEREAS,the AFP requests an amendment to the final plat for Lot 9 and Lot 10 of the Final Plat of Cordillera Subdivision Filing 37,Phase 2. The properties are located at 133 and 139 Kimberwick Way in the Edwards Area, also known as Parcel nos. 2107-161-12-009, 2107-152-08-001, 2107-161-12-010, and 2107-152-08-002, and are legally described in Exhibit A(collectively,the "Property"); and WHEREAS,the intent of the AFP is to combine Lots 9 and 10 into a single lot,proposed Lot 9A,by vacating the common lot line. The building envelope on Lot 10 will be vacated,resulting in a single building envelope on Lot 9A.The existing drainage and utility easement coincidental with the vacated lot lines will be relocated and the building envelope of the current Lot 9 will be adjusted in order to allow a future expansion of the existing residence on Lot 9A; and WHEREAS,the Property is located within the Cordillera Subdivision Planned Unit Development and is governed by the Cordillera Subdivision Eleventh Amended and Restated Planned Unit Development Control Document(the"PUD Guide"); and WHEREAS,pursuant to Section 5-290.B.3 of the Eagle County Land Use Regulations(the "ECLUR")and Section 1.05.3 of the PUD Guide,the AFP is the appropriate process for a lot line vacation, a building envelope amendment, and the modification of a utility and drainage easement on the Property; and WHEREAS, in accordance with ECLUR Section 5-210.E.1 -Notice in Newspaper,and Section 1.05.3.vii of the PUD Guide,notice considering the subject matter of the AFP and setting forth the date and time for consideration of the AFP by the Board of County Commissioners for the County of Eagle (the"Board")was published in the Eagle Valley Enterprise and Vail Daily newspapers on September 12, 2024. Per ECLUR Section 5-210.E.2. -Mailed Notice and Section 1.05.3.vii of the PUD Guide, adjacent 1 of 5 Docusign Envelope ID:5F9CBC2A-5886-41 ED-A4F7-660DCE4B235D property owner notifications were mailed on September 13,2024. Per ECLUR Section 5-210.E.3 -Posted Notice, the Applicant posted a hearing sign on September 21,2024; and WHEREAS,at its public hearing held on October 22, 2024,the Board considered the AFP and associated plan, and the statements and concerns of the Applicant,the Eagle County Community Development Department, Engineering staff, and other interested persons, and; WHEREAS,based on the evidence,testimony, exhibits,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 AFP complies with the standards in ECLUR Section 5-290.G.3 as set forth below: 1. Adjacent Property.Pursuant to Section 5-290.G.3.a,the proposed AFP will not have an adverse impact on adjacent property owners as it will reduce potential impacts(noise,viewshed,traffic, wildlife, irrigation, etc.) of two dwellings by allowing only one dwelling. There is no evidence of any adverse impacts upon adjacent property owners. 2. Final Plat Consistency.Pursuant to Section 5-290.G.3.b,the AFP is consistent with the original final plat for the Property as it maintains existing plat notes,retains necessary easements, and is in accordance with the overall intent defined within the Planning Parcel Ul as defined by Section 3.24 of the PUD Guide. 3. Conformance with Final Plat Requirements.Pursuant to Section 5-290.G.3.c,the proposed AFP conforms to the final plat parameters and applicable regulations,policies, and guidelines pursuant to ECLUR Section 5-280.B.5.a.(1)&(2) and state statute. Water Supply is provided by the Upper Eagle Regional Water Authority and sewer service is provided by the Eagle River Water& Sanitation District,who will monitor the removal of existing taps at 139 Kimberwick Way. Access to the combined Lot 9A will remain from Kimberwick Way and is adequate. The Eagle River Fire Protection District will continue to serve the parcel. No mapped geologic hazards were identified on the Property,however the plat for the Cordillera Subdivision,Filing 37 contains a plat note stating"A site specific geotechnical report,prepared by a Registered Professional Engineer, is required for all structures prior to the issuance of a building permit." This requirement is maintained through a plat note stating that the properties are subject to the restrictions and notes on the plat of Cordillera Subdivision,Filing 37,Phase 2. The Application contained a Site Plan for the Property. No Subdivision Improvements Agreement,nor school land dedication are required by this Application. 4. Improvements Agreement.Pursuant to Section 5-290.G.3.d,this standard is not applicable as no public improvements or infrastructure are proposed by the Application. 5. Restrictive Plat Note Alteration.Pursuant to Section 5-290.G.3.e,this standard is not applicable as all original Cordillera PUD plat notes have been carried forward with the AFP. THAT,the Application also complies with the standards in Section 1.05.03.vii of the PUD Guide. 2 of 5 Docusign Envelope ID:5F9CBC2A-5886-41 ED-A4F7-660DCE4B235D NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,this application for an Amended Final Plat is hereby approved with the following condition: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. THAT,the Board directs the Community Development Department 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. [Remainder of page left intentionally blank] 3 of 5 Docusign Envelope ID:5F9CBC2A-5886-41 ED-A4F7-660DCE4B235D MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on the 19th day of November,2024,nunc pro tunc October 22, 2024. Signed by: r`f.AGNy COUNTY OF EAGLE, STATE OF X COLORADO,By and Through Its \F„c`°" BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: Signed by: Ktlivut 0-16 iwk, B M.af{- %A r r3D62124683C440... y 81F7390718ic0473 Clerk to the Board Matt Scherr County Commissioners Chair cDocut,Siiiggsneed by: `J le-9 oa CAdAG12RFAAA47A Jeanne McQueeney Commissioner ESigned by: RRAAA1FFFRAdd09 Kathy Chandler-Henry Commissioner Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution pass by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • 4of5 Docusign Envelope ID:5F9CBC2A-5886-41 ED-A4F7-660DCE4B235D EXHIBIT A LEGAL DESCRIPTION Lot 9,Cordillera Subdivision Filing No. 37, Phase 2,Lot 9, according to the Plat thereof filed December 6, 2005 at Reception No. 939091,County of Eagle, State of Colorado. and Lot 10,Cordillera Subdivision,Filing No. 37,Phase 2, according to the Plat recorded February 20, 2001 at Reception No. 750210, County of Eagle, State of Colorado 5 of 5