HomeMy WebLinkAboutR24-087 Approving an Amended Final Plat for Gashouse File No. AFP-009327-2023 Docusign Envelope ID:DC3337EA-6557-4CB4-B5B2-D934C3EFE7E7 Eagle County, CO 202414265
Regina O'Brien 11/19/2024
Pgs: 5 04:41:00 PM
REC: $0.00
DOC: $0.00
Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2024- 087
RESOLUTION APPROVING AN AMENDED FINAL PLAT FOR GASHOUSE
Eagle County File No. AFP-009327-2023
WHEREAS, on or about September 28, 2022, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Edwards West End EW Investor, LLC (hereinafter
"Developer") for approval of the West End Planned Unit Development("West End PUD"),
including an application for a Minor Type A Subdivision, File SMA-009294-2022; applications
for amendment to the official zone district map of Eagle County to rezone from the expired and
extinguished 2007 West End PUD to the RSL and CG (File No. ZC-009296-2022 and File No.
ZC-009298-2022); an application for a Minor Type B Subdivision, File No. SMB-009295-2022;
an application for an amendment to the official zone district map of Eagle County to rezone from
RSL, CG and R to West End PUD, File No. 009405-2023 (the "Zone Change"); an application
for a consolidated Sketch Plan for PUD and Preliminary Plan for PUD for West End PUD, File
No. PDSP-009297-2022 (the "Sketch and Preliminary Plan for PUD"); and an application for a
1041 Permit for the West End PUD to construct major extensions of existing municipal and
domestic water and wastewater treatment system, File No. 1041-009300-2022. On or about
December 21, 2022, Developer submitted an application for amendment to the official zone
district map of Eagle County to rezone from the expired and extinguished 2007 West End PUD
to and the R zone districts (ZC-009403-2023). On or about June 16, 2023, Developer submitted
an application for an amended final plat for the Edwards Plaza/West End Amended Final Plat,
File No. AFP-009412-2023 and on or about January 27, 2023, Developer submitted an
application for an amended final plat for the Gas House/West End Amended Final Plat, File no.
AFP-009327-2023. On or about May 20, 2024, the County accepted an application submitted by
Developer(34083 Highway 6, Edwards Area, Parcel ID: 2105-054-00-024), Gas House
Properties, LLC 34185 Highway 6, Edwards area, Parcel ID: 2105-054-14-002), and Edwards
Plaza, LLC (57 Edwards Access Rd, Edwards area, Parcel ID: 2105-054-13-002) seeking a
Variance From Improvement Standards in connection with the access road(the "Loop Road")
which would serve real property and improvements known as the West End Development, the
Gas House, and Edwards Plaza, located in the County of Eagle, State of Colorado; and
WHEREAS, on or about January 27, 2023, the County of Eagle, State of Colorado,
1 of 5
Docusign Envelope ID:DC3337EA-6557-4CB4-B5B2-D934C3EFE7E7
accepted for filing an application submitted by Connie Irons of Gashouse Properties represented
by Mauriello Planning Group (the "Applicant") for an Amended Final Plat Subdivision to add
0.156 acres to the existing Gashouse property and creating an access easement(0.017 acres) to
allow for construction of the loop road, which will provide access to the Edwards Plaza retail
development, Gashouse restaurant, and the West End PUD, and more particularly described as in
Exhibit A (the "Property"); and
WHEREAS, together these applications set forth above allow for development of the
West End PUD and approval of each is set forth in a separate resolution of the Board of County
Commissioners of the County of Eagle (hereinafter the "Board"); and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"),
Section 5-210.E -Notice of Public Hearings, notice of the proposed Amended Final Plat was
mailed to all landowners of the land subject to the Application and 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;
WHEREAS, at its public hearing held on June 27, 2024, August 1, 2024, August 5,
2024, and September 9, 2024, the Board considered the proposed Amended Final Plat ,
associated plans, the statements and concerns of the Applicant, the Eagle County Community
Development Department and other County staff, and other interested persons; and
WHEREAS,based on the evidence, testimony, exhibits, study of the Eagle County
Comprehensive Plan and the Edwards Area Community Plan, comments and recommendations
of the Community Development Department and other County staff, comments of public
officials and agencies, the recommendation of the Planning Commission, and comments from all
other interested parties, including members of the public, the Board finds as follows:
THAT, proper public notice was provided as required by law for the hearing before the
Board; and
THAT, the application for the Amended Final Plat complies with the standards in
ECLUR Section 5-290.G.3 -Standards for Amended Final Plat, as set forth below:
1. Adjacent Property. Pursuant to Section S-290.G.3.a, the proposed Amended Final Plat
Subdivision does not cause adverse effects to adjacent property owners. This AFP is
being proposed for the purpose of consolidating property and providing access to
adjacent lots. It does not change the existing use of the Gashouse property therefore, it
does not adversely affect adjacent property owners.
2 of 5
Docusign Envelope ID:DC3337EA-6557-4CB4-B5B2-D934C3EFE7E7
2. Final Plat Consistency. Pursuant to Section 5-290.G.3.b, the proposed Amended Final
Plat Subdivision is consistent with the overall intent of the existing Final Plat and does
not propose any new uses or increased square footage. This AFP adds adjacent and
contiguous property to the existing Final Plat in a manner that is not inconsistent
therewith.
3. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.3.c, the
proposed Amended Final Plat is in conformance with the applicable requirements of
Final Plats and other applicable regulations, policies and guidelines. The Gashouse AFP
has been prepared by a professional land surveyor registered in the State of Colorado,
reviewed by County staff, and conforms with the applicable Eagle County requirements.
4. Improvements Agreement. Pursuant to Section 5-290.G.3.d, a Subdivision Improvements
Agreement is not required as part of this file and is therefore not applicable to this
application.
5. Restrictive Plat Note Alteration. Pursuant to Section 5-290.G.3.e, there are no restrictive
plat notes proposed to be removed by this AFP and is therefore in conformance.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, subject to the conditions set forth below, this application for an Amended Final
Plat for the Property is hereby approved.
THAT, this Resolution shall serve as an agreement binding the amended final plat to the
following conditions:
1. Except as otherwise modified by this development permit, all material representations.
made by the Applicant in this application and in any public meeting shall be adhered to
and considered conditions of approval.
2. Approval of File No. AFP-009327-2023 is conditioned upon the approval of the West
End PUD Application and associated files and the recording of the Loop Road
Agreenient prior to final plat.
THAT, the Board directs the Department of Community Development to provide a copy
of this Resolution to the Applicant.
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.
3 of 5
Docusign Envelope ID:DC3337EA-6557-4CB4-B5B2-D934C3EFE7E7
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, on this 19th day of November. 2024 nunc pro tunc
September 9, 2024.
Signed by: COUNTY OF EAGLE, STATE OF
710- COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: �,(ORP.°
Signed by: Signed by:
ErtlilAA el.'brit,lA, By: Ault
sdaw, .
F9062F246896440... 81 E782D718E0473
Clerk to the Board Matt Scherr
CouEnty Commissioners Chair
DocuSigned by:
,--(2Q
CA4AC128F8AA47A.
Jeanne McQueeney
Commissioner
C1FF44fl31
Siignedby:
Kathy Chandler-Henry
Commissioner
Commissioner chandl er-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 a 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
4 of 5
Docusign Envelope ID:DC3337EA-6557-4CB4-B5B2-D934C3EFE7E7
Exhibit A
LEGAL DESCRIPTION:
PARCEL I: PARCEL A, THE GASHOUSE SUBDIVISION, EXCEPTING THEREFROM
THAT PORTION CONVEYED TO THE DEPARTMENT OF TRANSPORTATION, STATE OF
COLORADO IN WARRANTY DEED RECORDED SEPTEMBER 12, 2018 UNDER
RECEPTION NO. 201815466, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL II: BEING A PORTION OF LOT 1, THE WEST END P.U.D. FINAL PLAT
RECORDED JULY 14, 2009 AT RECEPTION NO. 200914505 IN THE RECORDS OF THE
EAGLE COUNTY CLERK AND RECORDERS OFFICE, LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1 ON THE
NORTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 6;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1 AND SAID
NORTHERLY RIGHT-OF-WAY, BEING A NON-TANGENT CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 00°55'59", A RADIUS OF 2,915.00 FEET, AN ARC
LENGTH OF 47.47 FEET, THE CHORD OF WHICH BEARS NORTH 54°19'32" WEST, A
DISTANCE OF 47.47 FEET;
THENCE NORTH 34°40'03" EAST, A DISTANCE OF 28.93 FEET TO A POINT OF
CURVATURE;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 86°08'23", A RADIUS OF 62.50 FEET, AN ARC LENGTH OF 93.96
FEET, THE CHORD OF WHICH BEARS NORTH 77°44'14" EAST,A DISTANCE OF 85.36
FEET; THENCE SOUTH 59°11'34" EAST, A DISTANCE OF 57.17 FEET TO THE
SOUTHEASTERLY LINE OF SAID LOT 1;
THENCE SOUTH 69°56'02" WEST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE
OF 117.55 FEET TO THE POINT OF BEGINNING,
COUNTY OF EAGLE, STATE OF COLORADO.
*Please note, staff has determined that the reception number identified in the second paragraph
of the legal description above should instead be 200914605.
5 of 5