HomeMy WebLinkAboutR22-056 Approval of 43 Borders Road Amendment Final Plat File No. AFP 009189-2021 DocuSign Envelope ID:3BBF54BC-AFC8-4DFO-A860-AF935D5AD14C Eagle County, CO 20227 ZO26
Regina O'Brien 07/13/2022
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Commissionerscherr
moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2022 - 056
APPROVAL OF 43 BORDERS ROAD AMENDED FINAL PLAT
Eagle County File No.AFP-009189-2021
WHEREAS,on or about September 14, 2021,the County of Eagle, State of Colorado accepted
an application submitted by Stephen Angel and Dolores Angel (the "Applicants"),for approval of an
amended final plat for 43 Borders Road, file number AFP-009189-2021 (the"Amended Final Plat").
The Amended Final Plat amends the building envelope of Parcel Number 210513303017 (the
"Property"), a 0.580 acre parcel in the Beaver Creek Planned Unit Development, to vacate 5,914
square feet of building envelope in one location of the Property and add 5,911 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
and Section 5-290.B.3 of the Eagle County Land Use Regulations (the "ECLUR"), 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 March 29, 2022, 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 Eagle County Engineering 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; and
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DocuSign Envelope ID:3BBF54BC-AFC8-4DFO-A860-AF935D5AD14C
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 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 Amended Final Plat for the Beaver Creek Subdivision, First
Amendment to the Fifth Filing,Lot 2,Block 2,Tract H.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 previously existing Final Plats. 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 previously
existing Final Plats.
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, the proposed AFP complies with the standards in set forth in Section XII.B. of the
Beaver Creek PUD as set forth below:
1. View Corridor. The adjustments to the building envelope on the Property do not
substantially impact views from adjacent properties.
2. Geologic or Other Hazard Considerations. No geologic or other hazards were identified
when reviewing the proposed AFP.
THAT,pursuant to Section 5-290.G.3 of the ECLUR and Section XII.B 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
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DocuSign Envelope ID:3BBF54BC-AFC8-4DFO-A860-AF935D5AD14C
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 citizen of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle,State of Colorado,on this 12thday of J u1 y ,2022,nunc pro tunc the 29th day of March,2022.
OF.EAG`f COUNTY OF EAGLE,STATE OF
y� �o COLORADO,By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
0
„..„)DocuSigned by: `�RAD. p—OocuSigned by:
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1'J2)VtuA, By: ` 1, """V
C1erf84ili 4$oard J e an liFIMMW
Chair
DocuSigned by:
Kathy 171n er henry
Commissioner
, -DocuuSigned by:
114441- Sdarr
Matt Sch- ii 7B2D718E0473...
CommissionerlC
Commissioner seconded seconded adoption of the foregoing resolution. The roll having been
called,the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry 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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