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HomeMy WebLinkAboutR21-050 Final Plat Cordillera Valley Club PUD Development 009123-2020 Eagle County, CO 202117067 DocuSign Envelope ID:AFE8A2DB-052C-400C-8441-CA7AOCC8D5F8 Regina O'Brien 07/28/2021 Pgs: 5 11:39:32 AM REC: $0.00 DOC: $0.00 Commissioner e(Vier lie i moved adoption of the following Resehution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2021 - 6 5 0 APPROVAL OF THE FINAL PLAT FOR THE CORDILLERA VALLEY CLUB PLANNED UNIT DEVELOPMENT Eagle County File No.PDF-009123-2020 WHEREAS, the Board of County Commissioners ("Board") approved the original Cordillera Valley Club PUD ("CVC" PUD") previously known as the Cottonwood PUD on January 14, 1992, pursuant to Eagle County Resolution, R92-043, recorded in the records of the Eagle County Clerk and Recorder at Reception 473923; and an amendment thereto on May 17, 1994,pursuant to Eagle County Resolution, R94-088, recorded in the records of the Eagle County Clerk and Recorder at Reception 540102; and an amendment thereto on May 22, 2007, pursuant to Eagle County Resolution, R2009-129, recorded in the records of the Eagle County Clerk and Recorder at Reception 200927679,and; WHEREAS, Board approved an amendment to the CVC PUD,file number PDA-9124-2020 on June 15, 2021 (the "PUD Amendment") to amend the existing PUD Guide to transfer 18 units of unused density to the planning area designated as Tract R1 (the "Clubhouse Tract") for development of nine single family homes. The Clubhouse Tract is located at 101 Legends Drive (the "Property") and is more particularly described on Exhibit A, attached hereto and incorporated herein. The PUD Guide does not contain a mechanism to transfer density between planning areas, and therefore, a PUD amendment was necessary. The PUD Amendment also subdivided Tract R1 into separate residential uses, open space, and the clubhouse uses; added provisions relating to water consumption and water use;and included certain recreational uses as permitted uses on the CVC PUD golf course parcel,and; WHEREAS,on or about November 25,2020,the County of Eagle,State of Colorado accepted an application submitted by Windrose Properties, LLC (the"Applicant"),for approval of a final plat for the CVC PUD, file number PDF - 009123-2020 (the "Final Plat"). The Final Plat subdivides the Clubhouse Tract from one parcel into 15 parcels, including the nine lots approved for single family development through the PUD Amendment. The total development area is 7.463 acres. • WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E - Notice of Public Hearings, notice of the Final Plat 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 application by the Board; and notice of Final Plat was posted at the Property setting forth the dates and times of meetings for consideration of the 1 DocuSIgn Envelope ID:AFE8A2DB-052C-400C-8441-CA7AOCC8D5F8 application by the Board; and pursuant to the ECLUR, notice in newspaper is not required for Final Plat applications; and WHEREAS, at its public hearings held on July 6, 2021, the Board considered the Final Plat, associated plans, the statements and concerns of the Applicant, the Eagle County Community Development Department, Engineering staff,and other interested persons. NOW, THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, 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; and THAT, this Final Plat DOES conform with the requirements and standards set forth in ECLUR, Section 5- 280.B.5. Final Plat for Subdivision or Final Plat for PUD and ECLUR, Section 5- 280.3.B.e. Standards for Subdivision, and Section 5-280.B.1.c -Conformance with Preliminary Plan Approval as set forth below: 1. Conformance with Preliminary Plan Approval. Pursuant to Section 5-280.B.1.c,the Final Plat is in conformance with the PUD Amendment conditions of approval, file number PDA-9124-2020, and the approved PUD Guide. The Final Plat meets the conditions of the PUD Amendment approval requiring adherence to design standards for future berm construction and adequate water supply for any remaining and unused density in the CVC PUD. 2. Conformance with the Comprehensive Plan. Pursuant to Section 5-280.B.3.e.1, the Final Plat is in substantial conformance with the Eagle County Comprehensive Plan,the Edwards Area Community Plan, and other adopted documents. Though the CVC PUD was originally approved prior to Eagle County's current adopted plans, however, the Final Plat was reviewed for conformance with the original approval of the CVC PUD,as well as the current adopted County plans. The Final Plat will not affect the design,uses or densities within the PUD, which was previously found to be compatible with the Comprehensive Plan. In addition, the PUD Guide, which is the governing zoning for the Clubhouse Parcel and which allows residential uses on the Clubhouse Parcel,supersedes any inconsistent designation in the Future Land Use Map of the Edwards Area Master Plan. 3. Consistent with Land Use Regulations. Pursuant to Section 5-280.B.3.e.2, the proposed subdivision complies with all of the standards of this Section and all other applicable provisions of the ECLUR, including, but not limited to, the applicable standards of Article 3, Zone Districts Standards, and Article 4, Site Development Standards. The PUD Amendment was reviewed and found to be consistent with the ECLUR,specifically standards relating to uses, dimensional limitations, parking, landscape and illumination, and site development. The land uses identified on the Final Plat are consistent with what was approved with the 2 DocuSign Envelope ID:AFE8A2DB-052C-400C-8441-CA7AOCC8D5F8 PUD Amendment. The Final Plat is consistent with the CVC PUD Guide which is the governing zone district for the Property. The Applicant has entered into an Off-Site Subdivision Improvements Agreement (the "SIA") to address the requirements of Article 4, Site Development Standards. 4. Spatial Pattern Shall Be Efficient. Pursuant to Section 5-280.B.3.e.3, the proposed subdivision will not cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. The location for this subdivision is served by existing utilities and services including Holy Cross Energy,Black Hills Energy,the UERWA,the ERWSD,the Eagle River Fire Protection District, Eagle County Sheriff, and the Eagle County Paramedic Services and does not necessitate a change in the service plans. Minor utility line improvements to provide service to the proposed nine single family lots is necessary.Such lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. Because this proposal is within the existing CVC PUD, there are no extensions or modifications to the existing roadway network.Access to the new lots will be from existing roads with new driveways proposed to reach the individual units. 5. Suitability for Development. Pursuant to Section 5-280.B.3.e.4, the proposed subdivision is suitable for development, considering the topography, environmental resources and natural or man-made hazards that may affect the potential development of the Property,and existing and probable future public improvements to the area. The original CVC PUD approvals, File Numbers PD-296-94-A and PD-296-94-P, considered the topography and natural and man-made hazards as well as the environmental resources. Over time, it was learned that there is a drainage with debris flow potential that is above the CVC PUD. The CVC Metro District and CVC Property Owners Association (the "POA") worked with an engineer to address the debris flow concerns and modify the storm drainage system to slow any debris flow and allow for debris to settle before the storm drainage enters the storm sewer. No additional significant impacts to environmental resources and hazards are anticipated.The Final Plat is supported by adequate roads,wastewater facilities,water,and utilities. 6. Compatible with Surrounding Uses. Pursuant to Section 5-280.B.3.e.5, the proposed subdivision is generally compatible with the existing and currently permissible future uses of adjacent land, and other substantially impacted land, services, or infrastructure improvements. With the exception of minor improvements to serve the proposed nine single-family lots, all infrastructure required to serve the proposed development currently exists and is adequate. The aforementioned minor improvements include modifications to the storm sewer system in the area of the development, new utility stub outs for utility services to the individual lots, extension of the sanitary sewer main, and roadway repairs necessary as a result of constructing those items.These improvements are collateralized by the Applicant through the SIA. There are no additional improvements to the existing infrastructure needed. 3 DocuSign Envelope ID:AFE8A2DB-052C-400C-8441-CA7AOCC8D5F8 7. Adequate Facilities.Pursuant to Section 5-280.B.3.e.6,the Applicant demonstrated that the PUD would be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. The UERWA provided the Applicant With Ability to Serve letter demonstrating adequate water supply and wastewater facilities for the proposed development on July 1, 2021. The Final Plat does not make any changes to the existing solid waste disposal and trash services. Services related to solid waste disposal and trash service are controlled and governed by the POA. The proposed development is tied into all services and fees controlled by the POA.The proposed development is served by Holy Cross Energy. The Final Plat is adequately served by ERFPD and emergency services. With the development of the CVC PUD, the private roadway system was constructed for the CVC PUD to provide access throughout the subdivision and included dual access. This subdivision is served adequately by the existing roadways. In conjunction with the Final Plat Filing No.1 of the CVC PUD, this requirement was satisfied with the original approval of the CVC PUD, File Numbers PD-296-94-A and PD-296-94-P. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT this Final Plat(Eagle County File No.PDF-9123) described herein is hereby approved. THAT, the Subdivision Improvements Agreement for the CVC PUD is hereby approved and can be found in the records of the Eagle County Clerk and Recorder as Reception No. z 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado,on this 21 day of July 2021,nunc pro tunc July 6, 2021. 4 DocuSign Envelope ID:AFE8A2DB-052C-400C-8441-CA7AOCC8D5F8 (t:GLE COy COUNTY OF EAGLE,STATE OF �` COLORADO, By and Through Its i BOARD OF COUNTY COMMISSIONERS ATTEST: o / ,---DocuSigned by: CO LOP%1 / , DocuSigned by: IA 611 b iUA, e : half S LIT Clerk two t`1int°dKI40 Matt Slims,E7B2D718E0473 Chair r—DocuSigned by: Jeanne)Vrd/a6 RF6y,47A Commissioner DocuSigned by: CIA m,1111 r-R i Kathy ali l - -y Commissioner Commissioner(_I`fnr1L'CI an seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Cc. Commissioner McQueeney Commissioner Scherr This resolution passed by .3 6, vote of the Board of County Commissioners of the County of Eagle,State of Colorado. 5