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HomeMy WebLinkAboutR25-045 Approval of an Amended Final Plat for 173 S Fairway Dr File No. AFP-009473-2024 Docusign Envelope ID:3B9658D2-D752-4D17-9632-05A7DB19F61 C Commissioner Scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2025- 045 RESOLUTION FOR THE APPROVAL OF AN AMENDED FINAL PLAT FOR 173 S Fairway DR Eagle County File No.AFP-009473-2024 WHEREAS, on or about August 23, 2024, the County of Eagle, State of Colorado, accepted for filing Eagle County File No. AFP-009473-2024 (the "AFP"or"Application") submitted by property owner Mountain Sunset Perch, LLC (the "Applicant"); and WHEREAS,the Application requests an amendment to the final plat for property located at 173 South Fairway Drive in the Beaver Creek area and also known as Assessor's Parcel #2105-131-01-002 (the "Property"). The Property is legally described in Exhibit A; and WHEREAS, the intent of the AFP is to amend the existing building envelope on the Property in order to incorporate existing encroachments and to allow for future home exterior expansion; and WHEREAS, the Property is located within the Beaver Creek Planned Unit Development and is governed by the Amended and Restated Guide to the Beaver Creek Planned Unit Development(the "PUD Guide"); and WHEREAS,pursuant to Section 5-290.B.3 of the Eagle County Land Use Regulations (the "ECLUR") and Section XII.B of the PUD Guide, an AFP is the appropriate process to amend the building envelope for the Property; and WHEREAS, in accordance with ECLUR Section 5-210.E.1 -Notice in Newspaper and Section XII.B of the PUD Guide, notice considering the subject matter of the AFP and setting forth the date and time for consideration of the AFP by the Board of County Commissioners for the County of Eagle (the"Board")was posted in the Aspen Daily News newspaper on February 5, 2025. Per ECLUR Section 5-210.E.2 -Mailed Notice and Section XII.B of the PUD Guide, adjacent property owner notification was sent on February 4, 2025. Per ECLUR Section 5- 210.E.3 -Posted Notice,the Applicant posted a hearing sign on the Property on February 6, 2025; and 1 of 5 Eagle County, CO 202506827 Becky Close 05/28/2025 Pgs: 5 11:28:58 AM REC: $0.00 DOC: $0.00 Docusign Envelope ID:3B9658D2-D752-4D17-9632-05A7DB19F61C WHEREAS, at its public hearing held on March 11, 2025, the Board considered the AFP and associated plans and the statements and concerns of the Applicant, the Eagle County Community Development Department, Engineering staff, and other interested persons, and; WHEREAS,based on the evidence, testimony, exhibits, the comments of the Eagle County Community Development Department, comments of public officials and agencies, and comments from all interested parties,the Board finds as follows: THAT,the AFP complies with the standards in ECLUR Section 5-290.G.3 as set forth below: 1. Adjacent Property. Pursuant to Section 5-290.G.3.a,the proposed AFP will not have an adverse impact on adjacent property owners because the Property has been improved for over 40 years and it has become an integral component of the neighborhood. In addition, the adjacent lots are heavily treed or are framed by golf course fairways, and the proposed building envelope modification is away from the street. The location of the proposed building envelope modification incorporates the existing house improvements and provides for exterior expansion in locations which will not adversely impact adjacent property owners. 2. Final Plat Consistency. Pursuant to Section 5-290.G.3.b, the AFP is consistent with the original final plat for the Property as it maintains existing plat notes, retains necessary easements, and is in accordance with the overall intent of the single-family use of RLD-Residential Low Density as designated within the PUD Guide. 3. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.3.c,the proposed AFP conforms to the final plat parameters and applicable regulations, policies, and guidelines pursuant to ECLUR Sections 5-280.B.5.a.(1) & (2) and state statute. The AFP includes all encumbrances on the Property and has incorporated the applicable plat notes from the originating final plat; water service is currently provided to the Property by the Upper Eagle Regional Water Authority and sewer service is by the Eagle River Water and Sanitation District; uses on the Property will be in compliance with the PUD Guide once the AFP plat is recorded; access to the Property is existing and adequate; and fire protection is provided by Eagle River Fire Protection District. Although a small area in the southwest corner of the Property has slopes greater than 30%, that area is well separated from the existing and proposed building envelope. A Site Plan has been submitted with the Application, no Subdivision Improvements Agreement is necessary: all relevant restrictions and plat notes have been carried forward on the plat; and no school land dedications are required. 2 of 5 Docusign Envelope ID:3B9658D2-D752-4D17-9632-05A7DB19F61C 4. Improvements Agreement. Pursuant to Section 5-290.G.3.d, this standard is not applicable because no public improvements or infrastructure are proposed or required by the Application. 5. Restrictive Plat Note Alteration. Pursuant to Section 5-290.G.3.e, this standard is not applicable because all original Beaver Creek PUD plats notes have been carried forward with the AFP. THAT, the Application also complies with the standards of Section XII.B.i and ii of the PUD Guide as the AFP does not create adverse impacts to any view corridor nor are the proposed modifications the result of any geologic or other known hazards. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, this application for an Amended Final Plat is hereby approved with the following condition: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. THAT,the Board directs the Community Development Department 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:3B9658D2-D752-4D17-9632-05A7DB19F61 C MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on 27th day of May, 2025, nunc pro tunc March 11, 2025. Signed by: ,,,C3 COUNTY OF EAGLE, STATE OF • COLORADO, By And Through Its Board of `aoe,5° County Commissioners Signed by: ATTEST: fittidi CtSt, By: Clerk to the IS0 ra f8A4C8. Jeanne McQueeney County CommissionersJl Chair Signed by:: I-,•65 F5F448... Commissioner - Signed by: n ,"tAl l SdAkrr an scne T"... Commissioner Commissioner Boyd seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Absent Commissioner Boyd Aye Commissioner Scherr Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4of5 Docusign Envelope ID: 3B9658D2-D752-4D17-9632-05A7DB19F61 C EXHIBIT A LEGAL DESCRIPTION LOT 13, TRACT I, BEAVER CREEK SUBDIVISION, FOURTH FILING, ACCORDING TO THE PLAT RECORDED JULY 1, 1980 IN BOOK 304 AT PAGE 875, COUNTY OF EAGLE, STATE OF COLORADO. 5 of 5