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HomeMy WebLinkAboutR22-001 Final Plat Approval 106 Holden Road File No. AFP-009182-2021 DocuSign Envelope ID:5BBF5222-D71C-4F8B-8E0E-C9987CA5E704 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2022 - 001 APPROVAL OF THE FINAL PLAT FOR THE 106 HOLDEN ROAD AMENDED FINAL PLAT Eagle County File No.AFP-009182-2021 WHEREAS, on or about August 3, 2021, the County of Eagle, State of Colorado accepted an application submitted by Steven Roitman and Julie Roitman (the "Applicants"), for approval of an amended inal plat for 106 Holden Road, ile number AFP-009182-2021 (the'Amended Final Plat"). The Amended Final Plat amends the building envelope of Parcel Number 210513203003 (the "Property"), a 0.531 acre parcel in the Beaver Creek Planned Unit Development, to vacate 5,730 square feet of building envelope in one location of the Property and add 5,730 square feet of building envelope in another location of the Property; and WHEREAS,pursuant to Section XII.B. of the Beaver Creek Planned Unit Development Guide, the Amended Final Plat (the "AFP") application is the appropriate process to accomplish a building envelope amendment and a lot combination; and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E - Notice of Public Hearings, notice of the Amended 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 Amended Final Plat was posted at the Property setting forth the dates and times of meetings for consideration of the application by the Board; and WHEREAS, at its regular public hearing held on December 7, 2021, the Board considered the Amended Final Plat,the statements and concerns of the Applicant,the Eagle County Community Development Department,the Eagle County Engineering Department,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, comments of the Eagle County Department of Community Development, comments of the the Eagle County Engineering Department, comments of public of icials and agencies, and comments from all interested parties, the Board inds as follows: THAT, proper public notice was provided as required by law for the hearing before the Board; and Eagle County, CO 202200238 Regina O'Brien 01/05/2022 Pgs: 3 12:50:52 PM REC: $0.00 DOC: $0.00 DocuSign Envelope ID:5BBF5222-D71C-4F8B-8E0E-C9987CA5E704 THAT, this AFP 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 PUD Guide,attached hereto as Exhibit B,as set forth below: 1. Adjacent Property. Pursuant to Section 5-290.G.3.a, the AFP has no adverse impact on adjacent property owners. The AFP amends the building envelope on the Property. The adjustments to the building envelope on the Property do not change the permissible type or intensity of development and do not substantially impact views from adjacent properties. 2. Final Plat Consistency. Pursuant to Section 5-290.G.3.b, the AFP is in substantial conformance with the existing Final Plat for the Beaver Creek Subdivision, Second Filing - Tracts 'D', 'L', 'F', & `J (Block 1)'. No encumbrances or plat notes restrict a building envelope adjustment. The AFP includes all encumbrances on the Property and has incorporated all applicable plat notes from the existing Final Plat. The AFP will not alter the land use designation of this lot, nor will it expand the maximum number of dwelling units allowed. Therefore,this plat is consistent with the intent of the existing Final Plat 3. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.3.c, the proposed AFP 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 AFP does not remove or alter any restrictive plat notes. 4. Improvement Agreements. Pursuant to Section 5-290.G.3.d, AFPs 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. 5. Restrictive Plat Note Alteration. Pursuant to Section 5-290.G.3.e, the proposed AFP must meet certain criteria in order to remove restrictive plat notes. The AFP does not propose to remove any restrictive plat notes and all restrictive notes on the existing Final Plat have been carried through to the AFP. THAT, pursuant to Section 5-290.G.3 of the ECLUR and Section XII of the Beaver Creek PUD Guide,the AFP DOES conform with ALL applicable conditions of approval; and THAT,the application for the AFP 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 inds, 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 1/4/2022 , nunc pro tunc the day of December, 2021. 2 DocuSign Envelope ID:5BBF5222-D71C-4F8B-8E0E-C9987CA5E704 COUNTY OF EAGLE,STATE OF h� 1EAG���o COLORADO, By and Through Its � � BOARD OF COUNTY COMMISSIONERS ATTEST: FDocuSigned/�by:,Q �0 DocuSigned by: rtlitIAA IT/I/YIt.bL Ogn.,p E Clerkffffe419PdMatt1t1E7B2D718E0473... Chair e--Drw�ocuSigned by: JeannIvreqtifiefiedra Commissioner DocuSigned by: (i r �J - ,, Kath laBliry Commissioner Commissioner Chandler-Henry 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 3