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HomeMy WebLinkAboutR24-088 Approval of the Variance From Improvement Standards for West End File No. VIS-009445-2024 Docusign Envelope ID:80662C88-E09F-4FD8-A26F-58DC61C85EAC Eagle County, CO 202414266 Regina O'Brien 11/19/2024 Pgs: 6 04:41:00 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 - 088 APPROVAL OF THE VARIANCE FROM IMPROVEMENT STANDARDS FOR WEST END Eagle County File No. VIS-009445-2024 WHEREAS, on or about May20, 2024, the Countyof Eagle, State of Colorado, accepted an application("Application") submitted by Edwards West End EW Investor, LLC (34083 Highway 6, Edwards Area, Parcel ID: 2105-054-00-024), Gas House Properties, LLC 34185 Highway 6, Edwards area, Parcel ID: 2105-054-1400-0024), and Edwards Plaza, LLC (57 Edwards Access Rd, Edwards area, Parcel ID: 2105-054-13-002) (collectively "Applicants") seeking a Variance From Improvement Standards ("VIS") in connection with the access road(the "Loop Road") which would serve real property and improvements known as the West End Planned Unit Development, the Gas House, and Edwards Plaza, located in the County of Eagle, State of Colorado (collectively"Properties"); 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 1 of 6 Docusign Envelope ID:80662C88-E09F-4FD8-A26F-58DC61C85EAC 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, pursuant to the Eagle County Land Use Regulations ("ECLUR") Section 5-230.D.5 -Adequate Infrastructure and Section 5-240.F.3.e.(8)(a) -Safe, Efficient Access, a zone change and a PUD Preliminary Plan require demonstration that the circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length; and WHEREAS,because the Loop Road is proposed on three separate parcels and not entirely within the PUD boundary, a PUD Variation as defined by ECLUR Section 5-240.3.f- Variations Authorized is not applicable and an application was necessary to achieve the requested deviation from the ECLUR Standards; and WHEREAS, ECLUR Division 4-6 -Improvement Standards establishes the minimum design criteria and standards for infrastructure development in unincorporated Eagle County to protect and promote the public health, safety, and welfare of the residents and visitors of Eagle County and is applicable to all development within unincorporated Eagle County; and WHEREAS, ECLUR Section 4-620 -Roadway Standards requires access roads such as Loop Road serving developments of more than three residences to meet Eagle County Roadway Standards prior to the issuance of building or development permits; and WHEREAS, the maximum vehicular volume on the Loop Road is estimated to be 1,975 vehicle trips per day; and WHEREAS, the Loop Road must either comply with ECLUR Section 4-620 -Roadway Standards or receive a variance to improvement standards pursuant to ECLUR Section 5-260.G - Variance from Improvement Standards; and WHEREAS, the Applicants are requesting variances of the Associated Average Daily Traffic (1,975 vpd versus <750 vpd) and the Minimum Centerline Radius (91-feet versus 2 of 6 Docusign Envelope ID:80662C88-E09F-4FD8-A26F-58DC61C85EAC 100-feet) standards of the Internal Urban Residential Road standard as defined by ECLUR Section 4-620.D.6.b and Table 4-620.J; and WHEREAS, under ECLUR Section 5-260.G - Variance from Improvement Standards, Applicants proposed and requested approval of a VIS by the Board of County Commissioners (the "Board") from ECLUR improvement standards relating to roadway standards, specifically, those standards relating to dual access and geometric standards for a Rural Residential road set forth in the ECLUR Section 4-620 -Roadway Standards, as detailed in the Application and the Staff Report previously submitted to the Board; and WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings, notice concerning the subject matter of the Application and setting forth the dates and times of meetings for consideration by the Board was published in the Eagle Valley Enterprise and Vail Daily on June 13, 2024, mailed to all owners of property adjacent to the Property on June 12, 2024, and posted on the Property on or before June 12, 2024; and WHEREAS, the Board conducted a site visit on June 27, 2024 to view the Properties and the other land associated with the West End PUD and associated files, including the Loop Road, the surrounding topography, and adjacent parcels; 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 Application and the Staff Report; presentations from the Applicant; presentations from Eagle County Planning Department and Engineering Department staff; and statements and concerns of interested parties, including members of the public; and WHEREAS, at the conclusion of the hearing on September 9, 2024, the Board unanimously voted to approve the VIS with two (2) conditions, concluding that the hardship to the Applicants from denial of the requested variances outweighed the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the land affected. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,based on the evidence, testimony, exhibits, and study of the ECLUR and Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of Eagle County Engineering Department staff,the statements and concerns of Applicants, comments of public officials and agencies, and comments from all interested parties, the Board finds as follows: THAT,proper public notice was provided as required by law for the hearing before the 3 of 6 Docusign Envelope ID:80662C88-E09F-4FD8-A26F-58DC61C85EAC Board; and THAT, the Application complies with the requirements and standards set forth in ECLUR, Section 5-260.G - Variance From Improvement Standards, and further finds that the hardship to the Applicant of not granting the requested variances to ECLUR Section 4-620 - Roadway Standards, outweighs the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected; and THAT, the hardships to Applicants of not granting the VIS include meeting the classification standards for an Urban Residential Collector, which would require significantly wider travel lanes (15-ft versus 10-ft), a wider right-of-way(60-ft versus 50-ft), a longer centerline radius (300-ft versus 100-ft), and wider building setbacks (25-ft versus 50-ft). The cumulative effect of constructing a road to these standards would create a hardship for both the existing adjacent Gas House and Edwards Plaza developments and the proposed West End development due to the location of and interference with existing buildings on the adjacent properties and existing site conditions. Further, constructing the Loop Road to Urban Residential Collector standards would disturb significantly more area, create more impervious area, and increase run-off and contamination from the additional pavement; and THAT, the hardship to Applicants outweighs the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected because adverse impacts will be minimized due to the short length, low speed and volume of the Loop Road, and because the Loop Road meets the standards of an Internal Urban Residential Road with the exception of the associated daily traffic volume and the minimum centerline radius which will ensure functionality of Loop Road, consistent with ECLUR Section 4-610.A.2 - Standards Are Not Inflexible, which allows alternate designs where the alternate design can be shown to provide performance and/or environmental sensitivity which reflects community values equal to or better than the ECLUR's Roadway Standards; and THAT, the above-described Application for the VIS be and is hereby APPROVED as to each variance relating to dual access and geometric standards for a Rural Residential road set forth in the ECLUR Section 4-620 -Roadway Standards, subject to the following conditions which are necessary to ensure that the hardship of not granting the requested variances is not outweighed by the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected: 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. VIS-009445-2024 is conditioned upon the approval of the West End 4 of 6 Docusign Envelope ID:80662C88-E09F-4FD8-A26F-58DC61C85EAC PUD Application and associated files and the recording of the Loop Road Agreement prior to final plat. THAT, violation of any of the listed conditions shall be the basis for an enforcement action pursuant to the ECLUR; and THAT, the Board directs the Engineering Department to provide a copy of this Resolution to Applicants; and 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] 5 of Docusign Envelope ID:80662C88-E09F-4FD8-A26F-58DC61C85EAC 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 to the 9th day of September, 2024. Signed by: co>A COUNTY OF EAGLE, STATE OF AriCCOLORADO, By and Through Its ��m BOARD OF COUNTY COMMISSIONERS ATTEST: ,—Signed by: Signed by: 4 1G't3nun, SG yr -F9D62F246896440... By' 81E7B2D718E0172... Clerk to the Board Matt Scherr County Commissioners Chair • DocuSigned by: L - cA4Ac12eropA47A. Jeanne McQueeney Commissioner Signed by: 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 Ave This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 6of6