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HomeMy WebLinkAboutR24-084 Approval of a Minor Type B Subdivision for West End Property SMB-009295-2022 Docusign Envelope ID:D8227420-44CB-4209-BEC8-5F07D9A6BC79 Eagle County, CO 202414262 Regina O'Brien 11/19/2024 Pgs: 5 04:41:00 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024- 084 RESOLUTION APPROVING A MINOR TYPE B SUBDIVISION FOR WEST END PROPERTY Eagle County File No. SMB-009295-2022 WHEREAS, on or about September 13, 2022, the County of Eagle, State of Colorado, accepted for filing an application for a Minor Type B Subdivision (the "SMB" or"Application") from Edwards West End EW Investor, LLC (the"Applicant") ; and WHEREAS, the Applicant requests to create three (3) legal lots of 4.589 acres, .280 acres, and .152 acres from the combination and re-subdivision of lots created by the West End Property Minor A Subdivision (SMA-9294-2022) , located in the unincorporated area of Eagle County more particularly described in Exhibit A; 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, 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 1 of 5 Docusign Envelope ID:D8227420-44CB-4209-BEC8-5F07D9A6BC79 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 notice of the Minor B Subdivision was mailed on insert date, to all landowners of the land subject to the Applications and all owners of land adjacent to the proposed Minor B 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 Board as required by the Eagle County Land Use Regulations (hereinafter the "ECLUR") Section 5-210.E; and WHEREAS, at a public hearing held on June 27, 2024, August 1, 2024, August 5, 2024, and September 9, 2024, the Board considered the Minor Type B Subdivision, associated materials and plans submitted by the Application, the statements and concerns of the Applicant, the Eagle County Community Development Department and other County staff, and other interested persons, including members of the public, 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 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. THAT, the application for the SMB complies with the standards in ECLUR Section 5-290.G.2 -Standards for Type B Subdivision, as set forth below: a. Access,Water, and Sewer. Pursuant to Section 5-290.G.2.a, the Board finds that all lots created by the West End Minor B Subdivision Final Plat have access to a public ROW or will be combined with a lot providing such access in a subsequent platting action. Water and sewer service is provided by the Eagle River Water and Sanitation District. b. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.2.b, the Board finds the SMB conforms to the Final Plat parameters and applicable regulations, policies, and guidelines. The West End Minor B 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. 2 of 5 Docusign Envelope ID:D8227420-44CB-4209-BEC8-5F07D9A6BC79 C. Improvements Agreements. Pursuant to Section 5-290.G.2.c, the Board finds that the Application proposes no new public improvements or infrastructure which would necessitate an improvement agreement. 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, this application for a Minor Type B Subdivision is hereby approved. THAT, this Resolution shall serve as an agreement binding the rezonings 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. SMB-009295-2022 is conditioned upon the approval of the West End PUD Application and associated files and the recording of the Loop Road Agreement prior to final plat. 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. [Remainder of page left intentionally blank] 3 of 5 Docusign Envelope ID:D8227420-44CB-4209-BEC8-5F07D9A6BC79 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 19th day of November, 2024, nunc pro tune January 9, 2024. Signed by: 1141'1 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its coBOARD OF COUNTY COMMISSIONERS ATTEST: \ Signed by: Signed by: .4144. 611t t,A. By: S'auxr F9D62F246896440... g+E729171aE0473 Clerk to the Board Matt Scherr County Commissioners Chair DocuSigned by: �w,,r-,rti ,,4,.., CMAC128'8M47A.. Jeanne McQueeney Commissioner Signed by: 66,att,,,,t, 86A681FFEB84403 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 passed by a 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 of 5 Docusign Envelope ID:D8227420-44CB-4209-BEC8-5F07D9A6BC79 Exhibit A LEGAL DESCRIPTION: LOT A, LOT B, & LOT C, WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO 5 of 5