HomeMy WebLinkAboutR23-001 Approval of a Amended Final Plat - 2404 Fenno Drive #AFP 009242-2022 DocuSign Envelope ID:2B0C152F-2233-4481-AD11-AB62076CCE0A
Commissioner scherr moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023- 001
APPROVAL OF THE AMENDED FINAL PLAT FOR 2404 FENNO DRIVE
EAGLE COUNTY FILE NO. AFP-009242-2022
WHEREAS,on or about March 29, 2022, the County of Eagle, State of Colorado,
accepted for filing Eagle County File No. AFP-009242-2022, (the "Application") submitted by
Tony Furman (the "Applicant") seeking an amendment to the final plat for 2404 Fenno Drive in
order to amend the building envelope. The subject property, 2404 Fenno Drive (the"Property"),
is 0.810 acres in total and more particularly described as set forth in Exhibit A-Legal
Description; and
WHEREAS, pursuant to Section 5-290.B.3 and Section 5-290.G.3 of the Eagle County
Land Use Regulations, (the"ECLUR") and Section 1.10.1 and Section 1.05.3 of the the
Cordillera Subdivision Eleventh Amended and Restated Planned Unit Development Control
Document(the"PUD Guide"), the Amended Final Plat(the "AFP") application is the
appropriate process to amend the building envelope; and
WHEREAS, pursuant to Section 4-450 of the ECLUR, the Property is located within a
Ridgeline Protection Area; and
WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings
and Section 1.05.3 -Building Envelope Adjustments of the PUD Guide, notice of the Application
was mailed on October 12, 2022 to all owners of property adjacent to the Property concerning
the subject matter of the application and setting forth the dates and times of meeting for
consideration of the Application by the Board of County Commissioners of the County of Eagle
(the"Board"); and notice was posted at the Property on September 29, 2022; and notice in
newspaper was given on October 17, 2022; and
WHEREAS, at its public hearing held on November 14, 2022, the Board considered the
Application, the associated plans, documents, and studies; the statements and concerns of the
Applicant; the statements of Eagle County Community Development and Engineering staff; and
the statements of other interested persons, including the members of the public; and,
WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County
Planning Department, Eagle County Engineering Department, Eagle County Resiliency
Department, public officials and agencies, and comments from all interested parties, the Board
approved the Application by a vote of 3-0 and further finds as follows:
Eagle County, CO 202300095
Regina O'Brien 01/03/2023
Pgs: 4 03:53:34 PM
REC: $0.00
DOC: $0.00
DocuSign Envelope ID:2B0C152F-2233-4481-AD11-AB62076CCE0A
THAT,the Application complies with the requirements and standards set forth in
ECLUR Section 5-290.0 -Procedure, ECLUR Section 5-290.G.3 -Standards for Amended
Final Plat, and Section 1.05.3.vii of the Cordillera Subdivision PUD Guide, as set forth below:
1. Adjacent Property. Pursuant to ECLUR Section 5-290.G.3.a and Section 1.05.3.vii.1) of
the PUD Guide, the Application will not have an adverse impact on adjacent property
owners or substantially impact in an adverse manner the view corridors of adjacent
properties. Based upon the existing conditions of the Property and neighboring
properties, visual impacts to adjacent property owners are minimized with the building
envelope adjustment and proposed deck expansion. Due to compliance with Ridgeline
Protection Standards, there is no need for any additional structural setbacks and/or height
controls on the Property.
2. Final Plat Consistency. Pursuant to Section 5-290.G.3.b and Section 1.05.3.vii.4) of the
PUD Guide, the Application includes all encumbrances on the Property and incorporates
applicable plat notes from the existing Final Plat. No encumbrances or plat notes restrict
the building envelope adjustment. The Application does not propose a change to uses
allowed on the Property. Therefore, the AFP is consistent with the overall intent of the
Existing Final Plat.
3. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.3.c, the
Application conforms to the Final Plat Requirements, including water supply, wastewater
facilities, access, zoning, fire protection, site plans, agreements, and schools.
4. Improvement Agreement. Pursuant to Section 5-290.G.3.d, the Application does not
include public improvements or public improvements agreements. Accordingly, this
standard is not applicable.
5. Restrictive Plat Note Alteration. Pursuant to Section 5-290.G.3.e and Section
1.05.3.vii.4 of the PUD Guide, the Application does not alter any existing restrictive plat
notes. Accordingly, this standard is not applicable.
6. Wildlife Corridors. Pursuant to Section 1.05.3.vii.2 of the PUD Guide, the Property
does not include any known sensitive habitats and the Application will not adversely
affect wildlife corridors.
7. Ridgelines. Pursuant to ECLUR Section 4-450 and Section 1.05.3.vii.3 of the PUD
Guide, the Property will not impact Ridgeline protection.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, this Application for an Amended Final Plat is hereby approved; and
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DocuSign Envelope ID:2B0C152F-2233-4481-AD11-AB62076CCE0A
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 3rd day of January , 2023, nunc pro tunc
November 14, 2022.
�— DocuSigned by:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
EDocuSigned by: DocuSigned by:
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Clerk to the Board Jeanne McQueeney
Chair
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DocuSigned by:
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Kathy Chandler-Henry
Commissioner
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DocuuSigne'dIby,:
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Matt Scherr
Commissioner
Commissioner Chandler-Henry 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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DocuSign Envelope ID:2B0C152F-2233-4481-AD11-AB62076CCE0A
Exhibit A- Legal Description
LOT: 3 TRACT: G CORDILLERA SUBDIVISION FILING NO. 8 according to the plat recorded
June 24, 1993 at Book 612 Page 307