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HomeMy WebLinkAboutR24-085 Approval of an Amendment to Zone District Map West End PUD Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831 B1 F5A Eagle County, CO 202414263 Regina O'Brien 11/19/2024 • Pgs: 8 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 - 085 APPROVAL OF AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF EAGLE COUNTY AND APPROVAL OF THE SKETCH PLAN AND PRELIMINARY PLAN FOR PLANNED UNIT DEVELOPMENT FOR THE WEST END PLANNED UNIT DEVELOPMENT EAGLE COUNTY FILE NO. ZC-009296-2022 EAGLE COUNTY FILE NO. ZC-009298-2022 EAGLE COUNTY FILE NO. ZC-009403-2023 WHEREAS, on or about September 13, 2022 and December 21, 2022, the County of Eagle, State of Colorado ("County"), accepted for filing applications submitted by Edwards West End EW Investor, LLC, (hereinafter"Applicant") for approval of amendments to the official zone district map of Eagle County(the "Zone Change"), File Nos. ZC-009296-2022, ZC-009298-2022, and ZC-009403-2023 to revert the zonings on three separate parcels, Lot A, Lot B, and Lot C, created by the Resubdivison of the West End Property, a Minor Type A Subdivision, to the zone districts in place prior to the establishment of the expired 2007 West End PUD, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"or"Properties"); and WHEREAS, the Applicant requested approval of applications for the Zone Change to rezone Lot A to RSL -Residential Suburban Low Density, Lot B to CG- Commercial General, and Lot C to R- Resource zone districts; 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 1 of 8 Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831 B1 F5A 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 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, the 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 Zone Changes was mailed to all owners of property adjacent to the Properties and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the applications and setting forth the dates and times of meetings for consideration of the applications by the Eagle County Planning Commission(hereinafter the "Planning Commission") and the Board as required by the Eagle County Land Use Regulations (hereinafter the "ECLURs") Section 5-210.E; and WHEREAS, at its public hearings held on January 17, 2024 and February 7, 2024, the Planning Commission considered the proposed Zone Changes; associated plans, documents, and studies; and the statements and concerns of the Applicant, the Eagle County Community Development, Housing, and Engineering staff and Open Space and Natural Resources staff, and other interested persons, including members of the public; and WHEREAS, on February 7, 2024, the Planning Commission recommended approval with conditions of the proposed Zone Changes; and WHEREAS, at its public hearings held on June 27, 2024; August 1, 2024; August 5, 2024; and September 9, 2024 the Board considered the proposed Zone Changes; associated plans, documents, and studies; and the statements and concerns of the Applicant, the Eagle County Community Development, Housing and Engineering staff and Open Space and Natural 2 of 8 Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831B1F5A Resources staff, other interested persons, including members of the public; and the recommendation of the Planning Commission; and WHEREAS,based on the evidence, testimony, exhibits, study of the Eagle County Comprehensive Plan and the Edwards Area Community Plan, comments and recommendations of the Community Development Department and other County staff, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all other interested parties, including members of the public, the Board finds as follows: THAT, the change in zoning is justified in that the advantages of the uses requested substantially outweigh the disadvantages to the County and the neighboring lands. In making such determination the Board finds the application for a Zone Change for the Properties complies with the standards in ECLUR Section 5-230.D - Standards for Zone Change, as set forth in the staff reports (defined below) and as outlined below: with theComprehensive Plan. [Section 5-230.D.1.a c. —The 1. Conformance wrt � .fP proposed change in zoning is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan, and any applicable Area Community Plan and the proposed change in zoning is in substantial conformance with the goals, policies, and intents of any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. The Board finds that the Zone Changes are in substantial conformance with the purposes, intents, goals, and policies of the 2005 Eagle County Comprehensive Plan (the "Comprehensive Plan"), the 2017 Edwards Area Community Plan(the "EACP"), and all other applicable ancillary County adopted documents including the Eagle County Affordable Housing Guidelines, and those pertaining to natural resource protection, and infrastructure management. As set forth in staff's reports dated June 27, 2024, and staff's presentations and memos for the West End PUD (collectively "staff reports"), the Zone Changes are in substantial conformance with master plan goals, policies, objectives, and implementation strategies, as well as Future Land Use Map ("FLUM") designations and land uses. ZC-009296-2022-Lot A The FLUM designates the subject property as Mixed Use Commercial Residential. Development of this parcel with residential uses as allowed in the RSL zone district would be consistent with this future land use designation. ZC-009298-2022—Lot B The FLUM designates the subject property with a Mixed Use Commercial Residential land use designation. Development of this parcel with commercial uses as allowed in the GC zone district would be consistent with this future land use designation. ZC-009403-2022-Lot C 3 of 8 Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831B1F5A The FLUM designates the subject property with a Mixed Use Commercial Residential land use designation. Development of this parcel with uses allowed in the R zone district such as open space or trails would be consistent with the allowance for "Open space, trails, and recreational facilities commensurate to the location and nature of the development" included in the Intent statement of this land use designation. 2. Compatibility with Surrounding Uses. [Section 5-230.D.2.] - The proposed change in zoning is compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property. Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing or permissible uses surrounding the subject property. The Board finds that the Zone Changes are compatible with the type, intensity, character, and scale of existing and permissible land uses surrounding the Property. Dimensional limitations of the proposed zone districts will result in development that will be harmonious with the physical character of existing or permissible uses surrounding the Property. The surrounding properties are currently occupied by the Gashouse restaurant and Edwards Plaza commercial development (east, zoned GC), ERP (north, zoned R), a contractor's storage yard(west, zoned GC), and Highway 6 and Edwards Village (south, zoned CG). ZC-009296-2022-Lot A Development of this site with the uses allowed under the RSL zone district, including generally low to medium density residential uses, would be compatible with the surrounding existing or currently permissible future uses of the surrounding properties. ZC-009298-2022—Lot B Development of this site with uses allowed under the CG zone district, including retail or other services would be compatible with the surrounding existing or currently permissible future uses of the surrounding properties. ZC-009403-2022-Lot C Development of this site with uses allowed under the R zone district including open spaces or trails,would be compatible with the surrounding existing or currently permissible future uses of the surrounding properties. 3. Public Benefit. [Section 5-230.D.3.] - The proposed change in zoning addresses a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; transportation efficiencies, public recreational opportunities; infrastructure improvements; preservation of lands of high conservation value, senior housing, or medical facilities. 4 of 8 Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831 B1 F5A ZC-009296-2022 -Lot A,ZC-009298-2022—Lot B, ZC-009403-2022 -Lot C The Board finds that the zone changes for these Properties is an intermediate step required for the West End Planned Unit Development and zone change applications for the West End PUD and that it is therefore not necessary to evaluate these zone changes against the public benefit standard. The zone change for the establishment of the West End PUD has been evaluated against this standard and has been found to comply as outlined in the companion Board Resolution for approval of the Consolidated Sketch and Preliminary Plan for PUD and the Zone Change for the West End PUD. 4. Change of Circumstances. [Section 5-230.D.4.] - The proposal change in zoning addresses or responds to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. ZC-009296-2022 -Lot A, ZC-009298-2022—Lot B, ZC-009403-2022 -Lot C The Board finds that the extinguishment of the 2007 West End PUD represents a change of circumstances that is required to be addressed by the reversion of these parcels back to their previous zone district as is being proposed by these zone change applications. 5. Adequate Infrastructure. [Section 5-230.D.5.] - The property subject to the proposed change in zoning is, or may be served by adequate roads, water, sewer and other public use facilities. The Board finds that the Property will be served by adequate roads, water, sewer, and other public use facilities. ZC-009296-2022 -Lot A There exists adequate roads, water, sewer, and other public use facilities to serve development of Lot A with uses allowed in the RSL zone district. ZC-009298-2022—Lot B There exists adequate roads, water, sewer, and other public use facilities to serve development of Lot B with uses allowed in the CG zone district. ZC-009403-2022 -Lot C There exists adequate roads, water, sewer , and other public use facilities to serve development of Lot C with uses allowed in the R zone district. 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 applications for a Zone Change (Eagle County File Nos. ZC-009296-2022, ZC-009298-2022, ZC-009403-2023), and as subsequently amended and revised, are hereby approved and the Properties more particularly described at Exhibit A are hereby rezoned from the expired 2007 West End Planned Unit 5 of 8 Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831 B1 F5A Development to the Resource, Commercial General, and Residential Suburban Low Density zone districts; THAT, this Resolution shall serve as an agreement binding the Zone Changes to the following conditions: For ZC-009296-2022 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. ZC-009296-2022 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. For ZC-009298-2022 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. ZC-009298-2022 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. For ZC-009403-2023 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. ZC-009403-2023 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 Community Development Director to provide a copy of this Resolution to the Applicant; and THAT,the Board further finds, determines and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. 6 of 8 Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831B1F5A 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. c-- Signed by: i�G \ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its CO(°R,,,o BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: Signed by: rcittiut (9-1°Uvim, By: Aug SGIUAT FOD62F218.06110.. 81E7B2D718E0473... Clerk to the Board Matt Scherr Chair DocuSigned by: i,d?....6/ CM/N�128c2AA^7A Jeanne McQueeney Commissioner . Signed by: LILcO3LX 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. 7 of 8 Docusign Envelope ID:9E35DBBB-F415-467E-BF85-4B3C831B1F5A Exhibit A LEGAL DESCRIPTION: FILE NO. ZC-009296-2022 LOT A, WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO FILE NO. ZC-009298-2022 LOT B, WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO FILE NO. ZC-009403-2023 LOT C, WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO 8 of 8