HomeMy WebLinkAboutR24-083 Approval of a Minor Type A Subdivision for West End Property SMA-009294-2022 Docusign Envelope ID:787ECD4D-00AA-46CD-AA96-6BCD5246274F Eagle County, CO 202414261
Regina O'Brien 11/19/2024
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Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2024-083
RESOLUTION APPROVING A MINOR TYPE A SUBDIVISION FOR
WEST END PROPERTY
Eagle County File No. SMA-009294-2022
WHEREAS, on or about September 28, 2022, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Edwards West End EW Investor, LLC
(hereinafter the "Applicant") for a Minor Type A Subdivision for the purpose of creating three
(3) legal lots in the location of the expired West End Planned Unit Development in the
unincorporated area of Eagle County more particularly described in Exhibit A:
WHEREAS, the Applicant requested approval of a Minor Type A Subdivision (Eagle
County File No. SMA-9294-2022) to create three(3) legal lots of 0.181 acres, 3.069 acres, and
2.041 acres through a Minor Type A Subdivision process. The purpose of the Minor Type A
(West End Property Final Plat) Subdivision is to address a former illegal subdivision of the
property by creating three legal lots to allow for the rezoning and development of the West End
Planned Unit Development; and
WHEREAS, on or about September 28, 2022, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Edwards West End EW Investor, LLC (hereinafter
"Developer") for approval of the West End Planned Unit Development("West End PUD"),
including an application for a Minor Type A Subdivision, File SMA-009294-2022; applications
for amendment to the official zone district map of Eagle County to rezone from the expired and
extinguished 2007 West End PUD to the RSL and CG(File No. ZC-009296-2022 and File No.
ZC-009298-2022); an application for a Minor Type B Subdivision, File No. SMB-009295-2022;
an application for an amendment to the official zone district map of Eagle County to rezone from
RSL, CG and R to West End PUD, File No. 009405-2023 (the "Zone Change"); an application
for a consolidated Sketch Plan for PUD and Preliminary Plan for PUD for West End PUD, File
No. PDSP-009297-2022 (the "Sketch and Preliminary Plan for PUD"); and an application for a
1041 Permit for the West End PUD to construct major extensions of existing municipal and
domestic water and wastewater treatment system, File No. 1041-009300-2022. On or about
December 21, 2022, Developer submitted an application for amendment to the official zone
district map of Eagle County to rezone from the expired and extinguished 2007 West End PUD
to and the R zone districts (ZC-009403-2023). On or about June 16, 2023, Developer submitted
an application for an amended final plat for the Edwards Plaza/West End Amended Final Plat,
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Docusign Envelope ID:787ECD4D-00AA-46CD-AA96-6BCD5246274F
File No. AFP-009412-2023 and on or about January 27, 2023, Developer submitted an
application for an amended final plat for the Gas House/West End Amended Final Plat, File no.
AFP-009327-2023. On or about May 20, 2024, the County accepted an application submitted by
Developer(34083 Highway 6, Edwards Area, Parcel ID: 2105-054-00-024), Gas House
Properties, LLC 34185 Highway 6, Edwards area, Parcel ID: 2105-054-14-002), and Edwards
Plaza, LLC (57 Edwards Access Rd, Edwards area, Parcel ID: 2105-054-13-002) seeking a
Variance From Improvement Standards'in connection with the access road(the "Loop Road")
which would serve real property and improvements known as the West End Development, the
Gas House, and Edwards Plaza, located in the County of Eagle, State of Colorado; and
WHEREAS, together, these applications set forth above allow for development of the
West End Planned Unit Development(the "PUD") and approval of each is set forth in a separate
resolution of the Board of County Commissioners of the County of Eagle (hereinafter the
"Board"); and
WHEREAS, notice of the proposed Minor Type A Subdivision was mailed to all
landowners of the land subject to the Applications and all owners of land adjacent to the
proposed Minor Type A Subdivision and was duly published on insert date in a newspaper of
general circulation throughout the County concerning the subject matter of the Application and
setting forth the dates and times of meetings for consideration of the application by the Eagle
County Planning Commission (hereinafter the "Planning Commission") and the Board of County
Commissioners of the County of Eagle (hereinafter the "Board") as required by the Eagle County
Land Use Regulations (hereinafter the "ECLUR") Section 5-210.E; and
WHEREAS, at its meetings on June 27, 2024, August 1, 2024, August 5, 2024, and
September 9, 2024 the Board of County Commissioners (hereinafter"the Board") considered the
proposed Minor Type A Subdivision; associated plans; the statements and concerns of the
Applicant, the Eagle County Community Development staff, and 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 comments of the Eagle County
Community Development Department and other County staff„ comments of public officials and
agencies, and comments from all interested parties, including members of the public, the Board
finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Board.
2. Pursuant to ECLURs Section 5-290.G.1 - Standards for the review of a Minor Type A
Subdivision, all standards required for the Minor Type A Subdivision have been met as
required by the ECLURs as follows:
a. Consistent with Comprehensive Plan. The proposed subdivision shall be in
substantial conformance with the purposes, intents, goals and policies of the Eagle
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County Comprehensive Plan, Area Community Plans and any applicable ancillary
County adopted documents pertaining to natural resource protection, affordable
housing or infrastructure management. The proposed subdivision IS in substantial
conformance with the purposes, intents, goals, and policies of the Eagle County
Comprehensive Plan, Area Community Plans, and any applicable ancillary County
adopted documents pertaining to natural resource protection, affordable housing, or
infrastructure management. Specifically, the Application complies with the 3.2
General Development, 3.2.3 Growth Policies, 3.3 Economic Resources, 3.3.2
Economic Vision Policies, 3.3.4 Commercial Development, 3.5 Infrastructure and
Services and 3.5.3 Emergency and Community Services of the Eagle County
Comprehensive Plan. The parcels created(Lots A, B, & C) would allow for
development that is consistent with the Eagle County Comprehensive Plan, Edwards
Area Community Plan and other applicable plans. The three parcels will allow for
the West End property zoning to revert from the expired West End PUD zoning to the
previous zone districts, R-Resource, CG—Commercial General, and RSL -
Residential Suburban Low Density. The Future Land Use Map (FLUM) designates
the subject property as Mixed Use Commercial Residential. Development of this
parcel with residential uses as allowed in the RSL zone district, commercial uses as
allowed in the GC zone district, and open space or trails as allowed in the R zone
district would be consistent with this future land use designation.
b. Consistent with Land Use Regulations. The proposed subdivision shall comply with
all of the standards of this Section and all other provisions of these Land Use
Regulations, including,but not limited to, the applicable standards of Article 3, Zone
Districts, and Article 4, Site Development Standards. The proposed subdivision
DOES comply with all of the standards of this Section and all other provisions of
these Land Use Regulations, including, but not limited to, the applicable standards of
Article 3, Zone Districts, and Article 4, Site Development Standards. The three lots
created by this subdivision are consistent with the Land Use Regulations including
Article 3 with the exception that Lot C does not conform with the minimum lot size
regulations of the R-Resource zone district(35 acres). However, as this subdivision
is an intermediate step in the development of the West End PUD and Lot C will be
combined into a conforming parcel by the Minor Type B subdivision included as part
of the associated West End applications referenced above. Therefore, the Board finds
that the temporary condition is consistent with the Land Use Regulations and further
finds that the proposed subdivision is in conformance with this standard.
c. Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and
designed to avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or required duplication or premature extension of public facilities, or
result in a leapfrog pattern of development. 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.
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Docusign Envelope ID:787ECD4D-00AA-46CD-AA96-6BCD5246274F
(1) Utility and Road Extensions. Proposed utility extensions ARE consistent with the
utility's service plan or shall require prior County approval of an amendment to
the service plan. As no site specific development plans are proposed under the
West End Minor Type A subdivision no road or utility extensions are proposed.
(2) Service Ultimate Population. Utility lines ARE sized to serve the planned
ultimate population of the service area in order to both avoid future land
disruption, and the necessity of upgrading undersized lines. As no site specific
development plans are proposed under the West End Minor Type A Subdivision
final Plat and no utility extensions are proposed.
d. Suitability for Development. The property proposed to be subdivided shall be 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 improvements to the area. 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 improvements to the area. While no
site specific development is proposed as part of this Minor Type A Type Subdivision,
document included as part of the related West End PUD applications including
relevant geologic reports and an environmental impact report indicate that the site IS
generally free from environmental resources or hazards, natural or man made, that
would preclude development. The site's topography is generally suitable for
development.
e. Compatible with Surrounding Uses. The proposed subdivision shall be generally
compatible with the existing and currently permissible future uses of adjacent land
and other substantially impacted land, services or infrastructure improvements. 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 improvements. The subject property is located in the
Edwards Commercial Core, adjacent to other residential and commercial
development. development in the subdivision under the RSL, GC, or R zone districts
would be compatible with the surrounding uses.
f. Improvements Agreements. The adequacy of the proposed Improvements Agreement,
where applicable. This subdivision DOES NOT require any Improvements
Agreement. As no improvements are proposed with the West End Minor Type A
Subdivision Final Plat no improvements agreement is required.
g. Conformance with Final Plat Requirements. Its conformance with the Final Plat
requirements and other applicable regulations, policies, standards, and guidelines.
This subdivision DOES conform with the Final Plat requirements and other
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Docusign Envelope ID:787ECD4D-00AA-46CD-AA96-6BCD5246274F
applicable regulations,policies, standards, and guidelines. The West End Minor Type
A Subdivision Final Plat document has been prepared by a professional land surveyor
registered in the State of Colorado, reviewed by County staff, and conforms with the
applicable Eagle County requirements.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, subject to the conditions set forth below, the Minor Type A Subdivision
Application for property in the location of the expired West End Planned Unit Development in
the unincorporated area of Eagle County more particularly described above is hereby approved.
THAT, this Resolution shall serve as an agreement binding the Minor Type A Type
Subdivision to the following conditions:
1. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in any public meeting shall be adhered to
and considered conditions of approval.
2. Approval of File No. SMA-009294-2022 is conditioned upon the approval of the West
End PUD Application and associated files, and the recording of the Loop Road
Agreements prior to final plat.
THAT, the Board directs the Community Development Director 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]
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Docusign Envelope ID:787ECD4D-00AA-46CD-AA96-6BCD5246274F
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 19th day of November, 2024 ,
nunc pro tunc to the 9th day of September, 2024.
,— Signed by:
.p°`�"EN COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ca°aao BOARD OF COUNTY COMMISSIONERS
ATTEST:
Signed by: Signed by:
brtlit&a, (9 i ntAA, By: Ault S.ck Yr
F9D62F246896440... 81 E7p9r17+8E(1471
Clerk to the Board Matt Scherr
County Commissioners Chair
DocuSigned by:
01.141414- 174(?
CA4AC128F8M17A...
Jeanne McQueeney
Commissioner
Signed by: UW l',N
86A681FFEB81103...
Kathy Chandler-Henry
Commissioner
Commissioner chandl er-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 passed by a 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
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Docusign Envelope ID:787ECD4D-00AA-46CD-AA96-6BCD5246274F
Exhibit A- Legal Description
PARCEL A: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 5,TOWNSHIP 5
SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF
COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
EAST QUARTER CORNER OF SAID SECTION 5 AND CONSIDERING THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 5 TO BEAR SOUTH 89°43'32" EAST WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89°43'32" WEST,
ALONG THE NORTH LINE OF SAID SOUTHEAST OUARTER OF SECTION 5, A DISTANCE OF
1370.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02°01'41" WEST, A DISTANCE
OF 403.75 FEET; THENCE SOUTH 69°56'03" WEST, A DISTANCE OF 163.57 FEET TO A POINT
ON A CURVE ON THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 6; THENCE ALONG
SAID NORTHERLY RIGHT OF WAY LINE, ALONG THE ARC OF A NON-TANGENT CURVE TO
THE LEFT HAVING A CENTRAL ANGLE OF 11°39'46",A RADIUS OF 2915.00 FEET, AN ARC
LENGTH OF 593.36 FEET, THE CHORD OF WHICH BEARS NORTH 59°41'24" WEST TO THE
SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED IN
BOOK 485 AT PAGE 727 IN THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER:
THENCE NORTH 01°29'41" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL, A DISTANCE
OF 163.96 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER:
THENCE CONTINUING NORTH 01°29'41" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF
20.33 FEET TO THE WESTERLY END OF THE PROPERTY LINE DESCRIBED IN PROPERTY LINE
AGREEMENT RECORDED UNDER RECEPTION NO. 200606039, IN THE RECORDS OF THE
EAGLE COUNTY CLERK AND RECORDER; THENCE ALONG SAID PROPERTY LINE DESCRIBED
IN THE PROPERTY LINE AGREEMENT RECORDED UNDER RECEPTION NO. 200606039, THE
FOLLOWING FOUR(4) COURSES: 1. SOUTH 87°32'45" EAST, A DISTANCE OF 56.61 FEET;
2. SOUTH 89°09'51" EAST, A DISTANCE OF 97.26 FEET; 3. SOUTH 88°17'33" EAST, A
DISTANCE OF 229.33 FEET; 4. SOUTH 87°16'09" EAST, A DISTANCE OF 87.15 FEET TO THE
WESTERLY END OF THE PROPERTY LINE DESCRIBED IN THE PROPERTY LINE AGREEMENT
RECORDED UNDER RECEPTION NUMBER 200731521, THE FOLLOWING TWO (2) COURSES:
1. THENCE SOUTH 87°56'01" EAST, A DISTANCE OF 179.12 FEET; 2. THENCE NORTH
87°27'30" EAST, A DISTANCE OF 25.53 FEET; THENCE SOUTH 02°01'41" WEST, A DISTANCE
OF 3.40 FEET TO THE POINT OF BEGINNING.
PARCEL B: AN EASEMENT CREATED BY AND SUBJECT TO THE TERMS, CONDITIONS,
PROVISIONS STATED IN THAT CERTAIN EASEMENT BY AND BETWEEN BRUCE C EATON AND
WINIFRED W GRIMSHAW, THEIR SUCCESSORS AND/OR ASSIGNS AND ROBERT E HAVENER
AND PATRICIA A HAVENER, THEIR SUCCESSORS AND/OR ASSIGNS AND EAGLE RIVER WATER
AND SANITATION DISTRICT, A QUASI-MUNICIPAL CORPORATION OF THE STATE OF
COLORADO WITHIN THE COUNTY OF EAGLE, DATED OCTOBER 22, 1996 AND RECORDED
NOVEMBER 12, 1996 IN BOOK 711 AT PAGE 177 UNDER RECEPTION NO. 607155.
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