HomeMy WebLinkAboutR21-019 Approving Two Minor Type B Subdivisions for 185 Elk Track Road Eagle County, CO 202106662
DocuSign Envelope ID:77B5948D-FB1A-4B5E-BEA6-A9D453D50292 Regina O'Brien 03/24/2021
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Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO. 019
RESOLUTION APPROVING TWO MINOR TYPE B SUBDIVISIONS FOR 185 ELK TRACK ROAD
Eagle County File No.SMB-9121 and SMB-9127
WHEREAS,on or about October 13,2020 and November 19,2020,the County of Eagle,State
of Colorado, accepted for filing applications submitted by Tambi Katieb of Land Planning
Collaborative,Inc.on behalf of EDGECREEK LLC(the"Applicant")for two Minor Type B Subdivisions
of 185 Elk Track Road(the"Property"),more particularly described as:
SMB-9121: PEREGRINE VILLAS, EIGHTH AMENDMENT, BEAVER CREEK
SUBDIVISION,4TH FILING,TRACT M,LOTS 1 AND 2;and
SMB-9127-2020: PEREGRINE VILLAS - PHASE 2, A SUBDIVISION OF PEREGRINE
VILLAS,LOT A;and
WHEREAS, the Applicant sequentially submitted an application for a Minor Type B
Subdivision of the Property to subdivide Lot 1 into a common area,a single-family lot,and a future
development area("Lot A"),and a Minor Type B Subdivision to re-subdivide the newly created Lot A
into a single-family lot and two lh duplex lots;and
WHEREAS, in accordance with Eagle County Land Use Regulations (the"ECLURs"), Section
5-210.E -Notice of Public Hearings, notice of the proposed Minor Type B Subdivision was mailed to
all owners of property adjacent to the Property concerning the subject matter of the application and
setting forth the dates and times of meetings for consideration of the applications by the Board of
County Commissioners of the County of Eagle (the"Board");and
WHEREAS, at its public hearing held on December 29, 2020,the Board considered the two
proposed Minor Type B Subdivisions,associated plans,the statements and concerns of the Applicant,
the Eagle County Community Development Department,Engineering staff,other interested persons.
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 Comprehensive Plan for
the unincorporated areas of Eagle County,as well as 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,proper public notice was provided as required by law for the hearing before the board;
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DocuSign Envelope ID:77B5948D-FB1A-4B5E-BEA6-A9D453D50292
and
THAT,the applications for the Minor Type B Subdivisions DO comply with the standards in
ECLUR Section 5-290.G.2-Standards for Type B Subdivision,as set forth below:
1. Access,Water and Sewage.Pursuant to Section 5-290.G.2.a,the proposed Subdivision has
adequate access,potable water,and sewage disposal.The Property is accessed through an 80
foot wide private access easement off of a private access road that is owned and maintained
by the Beaver Creek Metropolitan District.The Building Department reviewed and approved
physical access under building permit RES-12-18-20507 prior to submission of the two
Minor Type B Subdivision applications.Thus,the Property has adequate legal and physical
access to a public right-of-way.The Property is within the Beaver Creek Metropolitan District,
which is a part of the Upper Eagle Regional Water Authority and the Eagle River Water and
Sanitation District ("ERWSD"). The Property has adequate water as demonstrated by a
construction plan approval letter for the Property that Staff received from ERWSD indicating
adequate water on 12/18/2020, which was dated 8/22/2020. The Property also receives
wastewater services from ERWSD. County staff received written confirmation of adequate
wastewater services for the Property through the construction plan approval letter for the
Property that Staff received from ERWSD indicating adequate wastewater services on
12/18/2020, which was dated 8/22/2020. Therefore, the proposed Minor Type B
Subdivisions have access,water,and sewage service per the requirements of the ECLUR.
2. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.2.b, the two
Minor Type B Subdivisions both conform to the Final Plat requirements and applicable
regulations,policies,standards,and guidelines.The subdivision plats for SMB-9121 and SMB-
9127 accurately document the size,shape,and location of the subdivided lots,and both plats
accurately identify access streets and all easements recorded on the Property.The site plan
shows various utilities throughout the Property including electric and gas, which serve
individual dwelling units and common elements. The plat for SMB-9121 establishes a
perpetual non-exclusive blanket utility easement for EDGECREEK, LLC, its successors,
assings, and licensees for utility work. The proposals are consistent with the land use
designations for the tract, according to the Beaver Creek PUD Guide. Therefore, both
applications are in conformance with the Final Plat requirements and the PUD guidelines.
3. Improvement Agreement. Pursuant to Section 5-290.G.2.c,this standard is not applicable,
as the application does not propose any new public infrastructure that would necessitate an
improvement agreement.
THAT,these applications for Minor Type B Subdivisions are hereby APPROVED;and
THAT, the Board directs the Department of Community Development to provide a copy of
this Resolution to the Applicant;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.
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DocuSign Envelope ID:77B5948D-FB1A-4B5E-BEA6-A9D453D50292
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle,State of Colorado,on this 23rd day of March 2021,nunc pro tunc December 29,2020.
EP��E C004, COUNTY OF EAGLE,STATE OF
o� �� COLORADO,By and Through Its
W BOARD OF COUNTY COMMISSIONERS
ATTEST:
DocuSigned by: • O ,—DocuSigned by:
l` 0-115iwt, c°Lce By: hag Sdu,IN'
aerRliff fftettland MarrsEN BEo473..
County Commissioner Chair
,—DocuSigned by:
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Ka1Ti396C ' 0eHenry
Commissioner
�DocuSigned by:
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JeanftrlWare hey
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been
called,the vote was as follows:
Commissioner Scherr Aye
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye •
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