HomeMy WebLinkAboutR21-053 Approval of Final Plat for the 10 Acre PUD Final Plat PDF-009129-2021 Eagle County, CO 202117561
DocuSign Envelope ID:5E44A773-5AA0-4486-9F6C-46ED76DC7C48 Regina O'Brien 08/04/2021
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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.2021-053
APPROVAL OF THE FINAL PLAT FOR THE 10 ACRE PUD FINAL PLAT
Eagle County File No.PDF-009129-2021
WHEREAS, the Board of County Commissioners approved the 10 Acre Planned Unit
Development (the "10 Acre PUD") on August 25, 2020, pursuant to Eagle County Resolution,
R2021-012, recorded in the records of the Eagle County Clerk and Recorder at Reception
202104169, and;
WHEREAS, on or about January 12,2021,the County of Eagle,State of Colorado accepted an
application submitted by 10 Acres Holdings, LLC (the "Applicant"), for approval of a final plat for
the 10 Acre PUD, file number PDF-009129-2021 (the"Final Plat").The Final Plat subdivides Parcel
Number 246503400036 (the "Property"), a 10.016 acre lot, legally described in Exhibit A, into five
single-family residential lots accompanied by common open space, utility and access easements,
and public right-of-way;and
WHEREAS, the Final Plat (the "Plat") application is the final step in the planned unit
development process that, once approved, permits the issuance of building permits for the
Property;and
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
application by the Board; and pursuant to the ECLUR, notice in newspaper is not required for Final
Plat applications;and
WHEREAS, at its regular public hearing held on July 27, 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, 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
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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 10 Acre PUD Preliminary Plan conditions of approval, file
numbers File Numbers PDSP-9012 and ZC-9017, and the approved PUD Guide. The Final
Plat meets the conditions of the 10 Acre PUD approval requiring: dedication of right-of-way
along Willits Lane conveyed to the Town of Basalt; demonstration that a bike lane is feasible
along Willits Lane through easements provided by the Applicant; demonstration through
construction plans that the first 30 feet of the access drive to Willits lane from the 10 Acre
PUD is paved; and demonstration that the Final Plat is in conformance with all material and
representations of the PUD Preliminary Plan Approval.
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 Mid
Valley Area Community Plan, and Eagle County Affordable Housing Guidelines. The
Preliminary Plan and Final Plat are specifically in conformance with policies related to
General Development, Economic Resources, Housing, Infrastructure, Water Resources,
Wildlife Resources and Sensitive Lands,and Environmental Quality.Pursuant the Mid Valley
Area Community Plan, the Property is located within the Highway 82 character area and is
designated as "Large Lot Residential" on the FLUM. This density and land use is consistent
with the stated future vision of the Property and promotes development in an area that is
walkable to the Willits Town Center. Pursuant to the Eagle County Affordable Housing
Guidelines, the Final Plat is subject to the Housing Plan contained in the PUD Guide and
detailed in the Housing Plan Agreement Contract Number 21-217. Prior to recording the
Final Plat, the Housing Agreement requires a payment in lieu of housing to meet Eagle
County Affordable Housing Requirements. The Applicant provided payment in lieu funds to
Eagle County.
3. Consistent with Land Use Regulations. Pursuant to Section 5-280.B.3.e.2, the proposed
FINAL PLAT 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.Allowances governed by
Article 3, in most cases require variations, and therefore, a PUD Guide is created to
delineate the allowances specific to the 10 Acre PUD. The Final Plat is consistent with the
applicable requirements of the PUD Guide and does not deviate.Staff analyzed components
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of the PUD Guide including: Section 5- Common Areas Plan, Section 6- Uses, and Section 7
-Dimensional Limitations. The Applicant has entered into an Off-Site Subdivision
Improvements Agreement (the "SIA") to address the requirements of Article 4, Site
Development Standards. The Applicant has paid the collateral requirements pursuant to the
SIA.
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. No additional coordination of utility development or connectivity for the
ultimate population is required to be routed through the Property. Water and wastewater
are provided by the MVMD. The Final Plat application includes a line extension agreement
between MVMD and the Applicant dated April 21,2021 and recorded with the Eagle County
Clerk & Recorder at reception number 202110553. All other utilities are obtained by
extending existing utility lines in the Willits Lane right-of-way or the existing electric line
crossing the Property. This results in a non-incremental extension of a single service or
utility. The Final Plat does not require any road extensions as the Property is accessed
directly off Willits Lane, a public right-of-way owned by the Town of Basalt. The Eagle
County Road Capital Improvements Plan does not contemplate proposed road extensions
through the Property. Additionally, the Applicant committed to providing an agricultural
access easement to the Adjacent Property 743 Willits Lane in the PUD Preliminary Plan.
This easement is provided on the Final Plat and dedicated in plat note 11.
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. Staff evaluated the probable
future public improvements to the area during the review of the PUD Preliminary Plan.This
assessment ensured that development was supported by adequate roads, wastewater
facilities, water, and utilities. The Board found that the PUD Preliminary Plan was suitable
for future public improvements. The Final Plat is consistent with the PUD Preliminary Plan
approval. The Property is not located within a key wildlife protection area, hillside, or
ridgeline, therefore those considerations do not apply to the application.The Environmental
Impact Report submitted and reviewed with the PUD Preliminary Plan did not identify
sensitive lands or endangered species that should be protected as part of the development.
The Applicant included fence restrictions in the PUD Guide that support wildlife migration
through the Property and has indicated that fencing should be consistent with the
recommendations of Colorado Parks and Wildlife. The PUD Guide mirrors the County's
current recommendations for wood burning devices in Section 10 of the PUD Guide. The
project will be subject to all Eagle County wildfire mitigation requirements including
buffering and building materials.
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
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improvements. During the evaluation of the Preliminary Plan the now approved uses in the
PUD were found consistent and compatible with the surrounding land uses. The Final Plat
does not deviate from the approved Preliminary Plan,and therefore,is also compatible with
the surrounding land uses. The 10 Acre PUD's approved uses, lot sizes, and infrastructure
improvements are consistent with all surrounding adjacent land uses.
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.Water and
sewer service will be provided by MVMD. The Applicant has provided evidence of a will
serve letter for the PUD.Solid waste disposal, electrical service, fire protection, law
enforcement and emergency services are available for the Property. The Applicant has
provided will-serve letters from Intermountain Waste Disposal service and Holy Cross
Energy. Emergency services are provided by Roaring Fork Fire Rescue Authority, as the
Property is located within its service area. The Property is accessed from Willits Lane, a
public road owned and maintained by the Town of Basalt, and the Applicant has obtained
Access Permit from the Town of Basalt.The Applicant provided an appraisal of the Property
and an estimated cash-in-lieu amount to be distributed to the Roaring Fork School District
to address the Eagle County School Land Dedication. The Roaring Fork School District
reviewed the Final Plat application and approved of the Applicant's appraisal and cash-in-
lieu amount.
THAT, pursuant to Section 5-280.5B.1.c,the Final Plat DOES conform with ALL conditions of
approval associated with the approved PUD,Eagle County File Nos.PDSP-9012 and ZC-9017;and
THAT, a Subdivision Improvements Agreement IS required and said Agreement has been
executed by the Applicant for this file and can be found in the records of the Eagle County Clerk and
Recorder as Reception No.1431'(114 ;and
THAT,the application for the Final Plat be and is 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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MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle,State of Colorado,on this 27 day of July,2021.
OS VIGo COUNTY OF EAGLE,STATE OF
y`' % COLORADO,By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
--Docusigned by: O0ORA CO,' i DocuSlgnedby:
1' By: 11 t4 SCuI W
ClerIZTui R&Th5 tt° Matt serplE7B20718E0473..
Chair
,—DocuSigned by: fey
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J e a n n e'IvEc Q4 7 A...
Commissioner
, —DocuSigned by:
Cb A.I1Lr—chi
Kathy,ThatittktriFERetRy
Commissioner
McQueeney
Commissioner seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
Commissioner Scherr Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the County
of Eagle,State of Colorado
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A PARCEL OF LAND SITUATED IN TRACT 47, TOWNSHIP'S S. H,RANGE 87 WEST
OF THE 6TH P.M.; SAID PARCEL BEING ENTIRELY WITHIN T „ 1 ,ROPERTY
DESCRIBED IN THAT DOCUMENT RECORDED JUNE 12, 1985,. S'pCEPTION NO.
313171 OF THE EAGLE COUNTY, COLORADO RECORDS; SAID PARCEL LYING WEST
OF THE COUNTY ROAD KNOWN AS WILLITS LANE,AS SAID ROAD WAS USED AT
THE DATE OF THE EXECUTION OF THAT CERTAIN WARRANTY DEED DATED
DECEMBER 24, 1903 RECORDED IN BOOK 65 AT PAGE 532 OF THE RECORDS IN THE
EAGLE COUNTY RECORDER'S OFFICE,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY RECORDED AS
RECEPTION NO. 313171, SAID POINT BEING A POINT AT THE INTERSECTION OF
THE NORTH LINE OF TRACT 47 AND THE WEST EDGE OF THE ASPHALT OF SAID
WILLITS LANE(WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF
S.89°54'55"E. BETWEEN THE WITNESS CORNER FOR AP4, TRACT 47, MONUMENTED
BY A#5 REBAR AND 1.25" CAP STAMPED L.S. 14111 AND THE WITNESS CORNER
FOR AP3, TRACT 47, MONUMENTED BY A 2"ALUMINUM PIPE AND 3.25" CAP
STAMPED L.S. 28643); THENCE S.00°29'29"E.,ALONG THE EASTERLY BOUNDARY
LINE OF SAID RECEPTION NO. 313171 AND SAID WEST EDGE OF ASPHALT,A
DISTANCE OF 565.16 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY LINE
AND SAID WEST EDGE OF ASPHALT N.89°54'55"W.,A DISTANCE OF 537.96 FEET;
THENCE N.50°44'11"W.,A DISTANCE OF 143.47 FEET; THENCE N.29°38'18"W.,A
DISTANCE OF 110.61 FEET; THENCE N.62°47'41"W.,A DISTANCE OF 174.90 FEET;
THENCE N.00°05'05"E.,A DISTANCE OF 298.71 FEET MORE OR LESS TO SAID NORTH
LINE OF TRACT 47; THENCE S.89°54'55"E. ALONG SAID NORTH LINE OF TRACT 47,
A DISTANCE OF 854.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO