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Home My WebLink AboutR21-078 Approval of Final Plat 89 Elk Track Court File No. AFP-009151-2021 • Eagle County, CO 202122229 DocuSign Envelope ID:95DE0B51-11B1-4B71-BOEF-F711E55D2C4B Regina O'Brien 09/30/2021 Pgs: 5 03:53:35 PM REC: $0.00 DOC: $0.00 McQueeney Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2021- 078 APPROVAL OF THE FINAL PLAT FOR THE 89 ELK TRACK COURT AMENDED FINAL PLAT Eagle County File No.AFP-009151-2021 WHEREAS, on or about March 18, 2021,the County of Eagle,State of Colorado accepted an application submitted by Nancy Morovich Denault and Leo P. Denault (the "Applicants"), for approval of a building envelope amendment for 89 Elk Track Court,file number AFP-009151-2021 (the"Amended Final Plat");and WHEREAS, the Amended Final Plat adjusts the building envelope on Parcel Number 210524401003 by reducing the building envelope area on the northwest and southeast sides by a total of 1,254 square feet,and expanding the northeast corner by 1,219.45,as well as a small 34.55 square foot addition to the east side of the building envelope of 89 Elk Track Court(the"Property"), 1.05 acres,legally described in Exhibit A;and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E - Notice of Public Hearings, staff mailed notice of the Amended Final Plat to all adjacent property owners concerning the subject matter of the application and setting forth the date and time of the Board of County Commissioners' (the "Board") public hearing for consideration of the application. The Applicants posted notice of Final Plat at the Property setting forth the date and time of Board public hearing on the application. Pursuant to the ECLUR,notice in newspaper is not required for Amended Final Plat applications;and WHEREAS, at its regular meeting the Board held a public hearing on June 29, 2021 and considered the Amended Final Plat, the Applicants' statements and concerns, the Eagle County Community Development Department staff report, the Engineering staff report, and other interested persons comments. 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, 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 1 DocuSign Envelope ID:95DE0B51-11B1-4B71-BOEF-F711E55D2C4B THAT, this Amended Final Plat DOES conform with the requirements and standards set forth in ECLUR, Section 5-290.G.3 -Standards for Amended Final Plat and ECLUR, Section 5-290.0 - Procedure,and in Section XII of the Beaver Creek Subdivision PUD Guide as set forth below: 1. Adjacent Property. Pursuant to Section 5-290.G.3.a, the Amended Final Plat should not present adverse impacts to adjacent property owners and the potential for future adverse impacts will be mitigated. The building envelope is reduced in size when viewed from the Oerspective of the adjoining lots to the southwest and nortlpeast. The view corridor of the adjoining lot to the northwest may potentially be altered,'as the Proposal will create a building envelope that appears wider when viewed from that perspective, however, this will also result in the total building envelope being farther away from that adjoining lot. Furthermore,approximately 60 feet of vegetation separates the new building envelope area and the existing building envelope on the adjoining lot to the northwest. 2. Final Plat Consistency. Pursuant to Section 5-290.G.3.b, the Amended Final Plat is in substantial conformance with the existing Final Plat for the Beaver Creek Subdivision Second Filing, Tracts D, L, F, and J. No encumbrances or plat notes restrict a building envelope adjustment. The Amended Final Plat includes all encumbrances on the Property and has incorporated all applicable plat notes from the existing Final Plat. The Amended Final Plat is consistent with the overall intent of the existing Final Plat,to plat 20 Residential Low Density lots and associated easements in Tract F of the Beaver Creek Subdivision, Second Filing. 3. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.3.c, the proposed Amended Final Plat complies with all of the Final Plat requirements, including proof of adequate water supply,wastewater facilities, access, zoning,fire protection,school land dedication or fees, site plans, avoidance of hazards, and conformance with applicable agreements. Additionally, the Amended Final Plat does not remove any restrictive plat notes. 4. Improvement Agreements.Pursuant to Section 5-290.G.3.d,an amended final plat must be reviewed for the adequacy of applicable improvements agreements and/or off-site road improvements agreements. There are no proposed public improvements or associated public improvement agreements identified as part of this application. This standard is not applicable to the proposed Amended Final Plat. 5. Restrictive Plat Note Alteration. Pursuant to Section 5-290.G.3.e,the proposed Amended Final Plat must meet certain criteria in order to remove restrictive plat notes. However,this Amended Final Plat does not propose to remove any restrictive plat notes,and all restrictive notes on the existing Final Plat have been carried through to this Amended Final Plat. This standard is not applicable to the proposed Amended Final Plat. 6. Adjacent Property Owner View Corridor and Geologic Hazard. Pursuant to Section XII B.of the Beaver Creek PUD Guide,a proposed building envelope amendment must either be found to not substantially impact the view corridors of adjacent property owners, or the amendment must be required by geologic or other hazards, in order to be approved by the 2 DocuSign Envelope ID:95DE0B51-11B1-4B71-BOEF-F711E55D2C4B Board. There are no geologic hazards that require a building envelope amendment. As discussed in Section 1 above, regarding adverse impacts to adjacent property owners, the Amended Final Plat does not present any adverse impacts to adjacent property owners,and any future potential impacts will be mitigated. THAT, pursuant to Section 5-290.G.3 of the ECLURs and Section XII of the PUD Guide, the Amended Final Plat DOES conform with ALL applicable conditions of approval;and THAT,the application for the Amended Final Plat b 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. [The remainder of this page is intentionally left blank] 3 DocuSign Envelope ID:95DE0B51-11B1-4671-BOEF-F711E55D2C4B MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado,on this 28 day of September,2021. COUNTY OF EAGLE,STATE OF EAGif COLORADO,By and Through Its ec BOARD OF COUNTY COMMISSIONERS ATTEST: ,—DocuSigned by: e--DocuSigned by: I U)ktt '}�lF CI& By: hag S-darr Clerk-To Tf1eFffin l° Matt Sc�ie 7B2D718E0473.. Chair —DocuSigned by: Jeanne`IvtEQl6fdZi17A Commissioner --DocuSigned by: 616/ (k&r-cam Kathy ElefEHtilty Commissioner Commissioner Chandler 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 4 EXHIBIT A LEGAL DESCRIPTION Legally described as: LOT 5, TRACT F, THIRD AMENDMENT BEAVER CREEK SUBDIVISION - SECOND FILING, ACCORDING TO THE PLAT RECORDED AUGUST 4, 1982 UNDER RECEPTION NO. 240116,COUNTY OF EAGLE,STATE OF COLORADO.