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HomeMy WebLinkAboutR24-086 Approval of an Amended Final Plat for Edwards Plaza File No. AFP-009412-2023 Eagle County, CO 202414264 Docusign Envelope ID:3EC44904-5346-410E-9DC6-40C2DBA2E690 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 - 086 RESOLUTION APPROVING AN AMENDED FINAL PLAT FOR EDWARDS PLAZA Eagle County File No. AFP-009412-2023 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 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, on or about June 16, 2023, the County of Eagle, State of Colorado, accepted for filing an application submitted by Schmidt Family Trust represented by Mark O'Sullivan (the "Applicant") for an Amended Final Plat to add 0.280 acres to the existing Edwards Plaza property (the "Application"). The amended final plat also establishes an access 1 of 5 Docusign Envelope ID:3EC44904-5346-410E-9DC6-40C2DBA2E690 easement across the southern portion of the property and a utility easement along the west of the property. The access easement will allow for the construction of the Loop Road, providing access to the Edwards Plaza retail development, Gashouse restaurant, and West End multi-family PUD, and more particularly described as below (the "Property"); and WHEREAS, together these applications set forth above allow for development of the West End 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, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section 5-210.E -Notice of Public Hearings, notice of the proposed Amended Final Plat was mailed to all landowners of the land subject to the Application and to all owners of property adjacent to the Property concerning the subject matter of the Application and setting forth the dates and times of meeting for consideration of the application by the Board of County Commissioners of the County of Eagle (the "Board"), and; WHEREAS, at its public hearing held on June 27, 2024, August 1, 2024, August 5, 2024, and September 9, 2024, the Board considered the proposed Amended Final Plat , associated plans, 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, the Board finds as follows: THAT, proper public notice was provided as required by law for the hearing before the Board; and THAT, the application for the Amended Final Plat complies with the standards in ECLUR Section 5-290.G.3 -Standards for Amended Final Plat, as set forth below: 1. Adjacent Property. Pursuant to Section S-290.G.3.a, the proposed Amended Final Plat Subdivision does not cause adverse effects to adjacent property owners. This AFP is being proposed for the purpose of consolidating property and providing access to adjacent lots. It does not change the existing use of the Edwards Plaza property therefore, it does not adversely affect adjacent property owners. 2. Final Plat Consistency. Pursuant to Section 5-290.G.3.b, the proposed Amended Final Plat Subdivision is consistent with the overall intent of the existing Final Plat and does not propose any new uses or increased square footage. This AFP adds adjacent and contiguous property to the existing Final Plat in a manner that is not inconsistent therewith. 3. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.3.c, the proposed Amended Final Plat is in conformance with the applicable requirements of 2 of 5 Docusign Envelope ID:3EC44904-5346-410E-9DC6-40C2DBA2E690 Final Plats and other applicable regulations, policies and guidelines. The Edwards Plaza AFP 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. 4. Improvements Agreement. Pursuant to Section 5-290.G.3.d, a Subdivision Improvements Agreement is not required as part of this file and is therefore not applicable to this application. 5. Restrictive Plat Note Alteration. Pursuant to Section 5-290.G.3.e, there are no restrictive plat notes proposed to be removed by this AFP and is therefore in conformance. 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 an Amended Final Plat for the Edwards Plaza Property is hereby approved. THAT, this Resolution shall serve as an agreement binding the Amended Final Plats 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. AFP-009412-2023 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 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:3EC44904-5346-410E-9DC6-40C2DBA2E690 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: : 1 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its �oconn0. BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: Signed by: FrtfitAA% oll °briun, By: 64.0 s.dayr 10D82F216806110... 81E7B2D718E0473 . Clerk to the Board Matt Scherr Chair Docu,Siif negned by: E�J / C.A4AC:17RFRAA47A Jeanne McQueeney Commissioner ,—Signed by: 641 " — RtAkpi �86n8 i rEs8 03"" Kathy Chan��er-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:3EC44904-5346-410E-9DC6-40C2DBA2E690 Exhibit A LEGAL DESCRIPTION: LOT 3, EDWARDS PLAZA SUBDIVISION, COUNTY OF EAGLE, STATE OF COLORADO. LOT 2, RESUBDIVISION OF WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO 5 of 5