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HomeMy WebLinkAboutR24-090 Approval of a 1041 Permit to Serve the West End PUD File No. 1041-9030-2022 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1 F831 EC704CD Eagle County, CO 202414268 Regina O'Brien 11/19/2024 Pgs: 9 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- 090 APPROVAL OF A 1041 PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING MUNICIPAL DOMESTIC WATER AND WASTEWATER TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE THE WEST END PLANNED UNIT DEVELOPMENT LOCATED IN EDWARDS, COLORADO Eagle County File Number 1041-9030-2022 WHEREAS, on or about September 13, 2022, Edwards West End EW Investor, LLC ("Applicant") submitted to Eagle County an application for a 1041 Permit(the "Application") on behalf of the Upper Eagle Regional Water Authority("Authority") and the Eagle River Water and Sanitation District("District"), to allow extensions of the Authority's domestic water treatment system and District's wastewater treatment system to serve the proposed West End Planned Unit Development(the "West End PUD"or the "Project"); and WHEREAS, the Project includes 275 residential dwelling units, on the approximately 4.589 acre property located in Edwards, Colorado, and more particularly described at Exhibit A, attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Project is located within the service area of the Authority and the District; 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 1 of 9 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1 F831 EC704CD 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,notice of the proposed 1041 Permit was mailed to all owners of property adjacent to the Property and was duly published 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 "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 1041 permit; associated applications for the PUD, associated plans, documents, and studies; and the statements and concerns of the Applicant, the Eagle County Community Development, Housing and Engineering 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 1041 permit; and WHEREAS, the Board, acting as the Permit Authority, conducted public hearings on June 27, 2024, August 1, 2024, August 5, 2024, and September 9, 2024, to consider the Application; and, WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at the hearings; and the recommendation of the Planning Commission and makes the following findings with regard to the 1041 Permit Application as it pertains to Chapter VI, Section 6.04.01, 6.04.02 and 6.04.03 of the Eagle County Land Use Regulations: Pursuant to Eagle County Land Use Regulations, Section 6.04.01,Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials and staff's reports dated June 27, 2024: (1) Documentation has been provided that prior to site disturbance for the Project,the applicant will have obtained all necessary property rights, permits and approvals. The West End PUD will be required to receive all necessary permits and approvals prior to site disturbance for the Project. 2 of 9 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1F831EC704CD (2) The Project will not impair property rights held by others. All easements exiting on the Property will either be accommodated in the project design or moved with the permission of the easement holder. The West End 1041 Permit does not impact adjacent properties in a manner that would negatively impact their ability to be utilized or developed in accordance with their property rights or existing land use approvals. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The governing planning documents for the Property are the 2005 Eagle County Comprehensive Plan("Comp Plan") and the Edwards Area Community Plan(EACP). Related Goals, Policies, and Strategies related to the Property and related Application are identified in italics below as well as conformance with each. (4) The Applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. The Board has not made a definitive analysis of the Applicant's financial position in regards to their ability to develop this project, it notes the Applicant has significant experience with development in Eagle County and a track record of completed projects. (5) The Project is technically and financially feasible. Review of the project has not uncovered any constraints or issues that warrant it infeasible from a technical standpoint. While the Board has not made a definitive analysis of the financial feasibility of the project, it finds that in general, multifamily projects in Eagle County are generally constructed upon approval and therefore should be assumed to be financially feasible. (6) The Project is not subject to significant risk from natural hazards. The CGS found that the site contains only isolated areas of steep slopes, is located outside of the Eagle River flood hazard zone, and does not contain, nor is it exposed to, any identified geologic hazards that would preclude the proposed development. Eagle County Wildfire Mitigation found that the wildfire hazard rating for the subject Property is low. (7) The Project will not have a significant adverse effect on land use patterns. The West End PUD is consistent with applicable land use plans and therefore the Board finds that it will not have an adverse impact on existing or future land use patterns. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. The West End PUD was analyzed for its impact to services and infrastructure. A conditional ability to serve letter was received by the Eagle River Water and Sanitation District. The Board finds that 3 of 9 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1 F831 EC704CD the development will not have an adverse effect on the ability of Eagle County to provide services. (9) The Project will not create an undue financial burden on existing or future residents of the County. The Board finds that the West End PUD is not expected to create a financial burden on existing or future residents. The development will be required to install and maintain all required infrastructure and pay all applicable impact fees. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. The Board finds that the West End PUD will not degrade any current or foreseeable sector of the local economy and as it is providing deed restricted housing it is expected to support local economic growth. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The West End PUD is adjacent to the Eagle River Preserve ("Preserve"). The Board finds that through the application review process it has been determined that its impacts on the Preserve have been mitigated to the extent possible. (12) The planning, design and operation of the Project will reflect principles of resource conservation, energy efficiency and recycling or reuse. The Board finds that aspects of energy conservation and water efficiencies have been included within the Application and the West End PUD is proposing a net-zero energy consuming building. (13) The Project will not significantly degrade air quality. The Board finds that the West End PUD is not expected to significantly degrade air quality as a net zero building reduces green house gas emissions. visual quality (no ridgelines or other important view impacted), or surface or groundwater quality (stormwater water quality treatment provided). (14) The Project will not significantly degrade existing visual quality. The Board finds that the West End PUD is not expected to significantly degrade existing visual quality as no ridgelines or other important views are impacted. (15) The Project will not significantly degrade surface water quality. The Board finds that the West End PUD is not expected to significantly degrade surface water quality as stormwater quality treatment is provided. (16) The Project will not significantly degrade groundwater quality. The Board finds that the West End PUD is not expected to significantly degrade groundwater quality. (17) The Project will not significantly degrade wetlands and riparian areas. The Board finds that the West End PUD will not significantly degrade wetlands and riparian areas as no such areas are on or directly adjacent to the site. 4 of 9 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1F831EC704CD (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The Board finds that the West End PUD will have limited impacts to wildlife but are not expected to cause significant degradation to wildlife species or habitats. Per the Colorado Parks and Wildlife referral, the proposal will likely significantly increase recreational use of the Preserve, which could increase human and domestic dog conflicts and interactions with wildlife. There will also likely be an increase in ambient disturbances (visual, auditory, olfactory) from the development proposal that could change wildlife behavior, including that of the 20-30 elk that are regularly observed utilizing the Preserve throughout winter. Another anticipated impact is human-wildlife conflict and interaction, particularly with black bears and mountain lions. The Board finds that Impacts to wildlife are mitigated to the extent possible utilizing the mitigation recommendations provided by CPW. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. The Board finds that the the West End PUD will not significantly degrade terrestrial plant life or plant habitat as the site was previously developed and not currently home to unique or endangered plant communities (20) The Project will not significantly deteriorate soils and geologic conditions. The Board finds that per the CGS review, that the site contains only isolated areas of steep slopes, is located outside of the Eagle River flood hazard zone, and does not contain, nor is it exposed to, any identified geologic hazards that would preclude the proposed development. (21) The Project will not cause a nuisance. The Board finds that the West End PUD will not create a nuisance. External impacts such as traffic, visual impacts, and lighting have been mitigated to the extent possible. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. The Board finds that no areas of paleontological, historic, or archaeological importance have been identified on the subject Property. (23) The Project will not result in unreasonable risk of releases of hazardous materials. The Board finds that no hazardous materials beyond what is customarily used in a multifamily development are expected to be on-site and therefore it is expected that the project will not result in unreasonable risk of releases of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. The Board finds that the West End PUD proposes multifamily housing, which is generally seen as a desired development type in Eagle County, in a location where that development type is 5 of 9 I Docusign Envelope ID:02594AE8-DA98-4277-86FE-1 F831 EC704CD expected and planned for and therefore the benefits are expected to outweigh any negative impacts. Pursuant to Eagle County Land Use Regulations Section 6.04.03,Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems. and as more specifically described in the application materials and staff's reports dated June 27, 2024: (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. The Board finds that the West End PUD proposes multifamily housing, which is generally seen as a desired development type in Eagle County, that is reasonably necessary to address the housing shortage and support community development and population demands (2) To the extent feasible,wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The Board finds that the West End PUD will connect with to existing public water and sanitary mains facilitating the consolidation of new development within areas that are served by existing facilities (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. The Board finds that the West End PUD will connect with existing public water and sanitary mains resulting in the proper utilization of existing treatment plants and will not negatively impact the development of the domestic water and sewage treatment systems of adjacent communities. (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. The Board finds that the West End PUD is proposed in an area that is planned for growth and development and therefore it has been determined that there is the financial and environmental capacity of that area to sustain such growth. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY: THAT, subject to the conditions set forth below, the permit for Major Extension of Existing Water and Sewage treatment Systems and for Efficient Utilization of a Municipal Water Project be and is hereby APPROVED. 6 of 9 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1F831EC704CD THAT, this Resolution shall serve as an agreement binding the 1041 permit 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. 1041-009300-2022 is conditioned upon the approval of the West End PUD Application and associated files and recording of the Loop Road Agreement prior to final plat. THAT, the Board, sitting as the Permit Authority, hereby 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] 7 of 9 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1 F831 EC704CD MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 19th day of November, 2024, nunc pro tunc to the 9th day of September, 2024. Signed by: < COUNTY OF EAGLE, STATE OF caoRe5.° COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: Signed by: rrtlitAA% 1 f 7Vttet& By: Akag Sc ,vr 1-90621-246096440... 01C702D71000473.. Clerk to the Board Matt Scherr Chair ,-DocuSigned by: 17va '-CA4AC12RFRAA47A Jeanne,McQueeney Commissioner Signed by: MAAR1FFFRR4409 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 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 8 of 9 Docusign Envelope ID:02594AE8-DA98-4277-86FE-1 F831 EC704CD Exhibit A LEGAL DESCRIPTION: LOT 1, A RESUBDIVISION OF WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO 9 of 9