TC Res. No. 2007-02 APPROVING AN AGREEMENT BETWEEN THE COUNTY OF EAGLE,RESOLUTION 07-02
Series of 2007
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE COUNTY OF EAGLE,
STATE OF COLORADO AND THE TOWN OF AVON RELATED TO MCGRADY ACRES
PUD AND NOTTINGHAM COTTAGES PUD
WHEREAS, a portion of the Nottingham Cottages PUD was annexed into the Town
of Avon in connection with road right-of-way for construction of Post Boulevard ; and
WHEREAS, an unused portion of the annexed property that was replatted as Tract B
through the Town of Avon was reconveyed to the owners of Nottingham Cottages PUD via Special
Warranty Deed; and
WHEREAS, the owners of Lot 7, McGrady Acres and Nottingham Cottages PUD
applied to Eagle County for a PUD amendment; and
WHEREAS, Tract B is a part of the requested PUD amendment and is still within
the Town of Avon; and
WHEREAS, the PUD Amendment was approved by Eagle County with the
condition that the Town execute an intergovernmental agreement with the County that the Town
will take no legislative action with respect to Tract B that is inconsistent with the terms of the
PUDs.
NOW, THEREFORE, BE IT RESOLVED:
That the AGREEMENT BETWEEN THE COUNTY OF EAGLE. STATE OF
COLORADO AND THE TOWN OF AVON attached hereto as Exhibit l is hereby approved.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th
day of February 2007.
17
_ . - . Ronald C. Wolfe, Mayor
ATTEST: t T-. -
a y Mc enn To Clerk
):\Tomm C lerk\CounciMesolut ions\2 007\Resolut ion No. 07-02 Eagle Co IGA Mcgrady Acres.Doc
OVN
PO Box 975
400 Benchmark Road
Avon, CO 81620
Telephone: 970-748-4000
Fax # 970-949-9139
MEMO
To: Bob Morris, Deputy County Attorney
From: Patty McKenny, Town Clerk
Date: 4/3/07
RE: Materials for Nottingham Cottages PUD
Please find the following items recently approved by the Avon Town Council related to
the Nottingham Cottages PUD:
Agreement between the County of Eagle, State of Colorado and the Town of
Avon
Exhibit A - Resolution No. 07-02 Approving the above named agreement
Exhibit B - Amended Final Plat
Please note there are 3 executed originals of the Agreement.
Please return one original upon execution of the document along with the exhibits.
Please note that Exhibit B is not very clear, if you should have a more readable version
please provide that when you return the Town original.
Will the county record this document?
Please return to:
Patty McKenny
Town of Avon
PO Box 975
Avon, CO
Thanks.
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF AVON
t1-
THIS AGREEMENT, made this day of _ C , 2007, by and between the
County of Eagle, State of Colorado ("County"), a body corporate and politic, by and through its
Board of County Commissioners, and The Town of Avon, Colorado ("Town"), a body corporate
and politic, by and through its Town Council,
WITNESSETH:
WHEREAS, in 1991 the County approved the McGrady Acres PUD and in 1998
approved the Nottingham Cottages PUD a contiguous development (jointly, "PUDs"); and
WHEREAS, in 2002, the Town of Avon/Traer Creek Metropolitan District condemned a
portion of the Nottingham Cottages PUD in order to construct the road right-of-way for William
J. Post Blvd, and after completion of the road improvements, the unused portion of the
condemned property (renamed "Tract B" by virtue of being platted in the Town of Avon) was
returned via Special Warranty Deed from the Traer Creek Metropolitan District to the owners of
the Nottingham Cottages PUD; and
WHEREAS, on or about June 14, 2006, the owners of the Nottingham Cottages PUD
and Lot 7 of the McGrady Acres PUD (hereinafter "Applicants") both (a) applied to the County
for approval of a Planned Unit Development Amendment (hereinafter "PDA"), File No. PDA-
00066 that would recognize the modification of a shared lot line between both PUDs as well as
the re-inclusion of Tract B in the amended PUDs by eliminating the internal lot line of Tract B,
and (b) submitted a proposed Amended Final Plat reflecting the changes proposed in the
amendment; and
WHEREAS, Tract B is too small to support proceedings to legally disconnect it from the
Town of Avon and return it to unincorporated Eagle County; and
WHEREAS, at its public hearing held November 1, 2006, the County Planning
Commission, based upon its findings, recommended approval with conditions of the proposed
PUD Amendment; and,
WHEREAS, a public hearing was held by the Board of Eagle County Commissioners
(hereinafter the Board) on November 21 2006 to consider the PUDs Amendment application,
and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of the County, comments of the County Department of
Page] of 3
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission, and comments from all interested parties, the Board approved, with
conditions, the proposed amendments to the PUDs (the "PUD Amendments") at a public hearing
on December 19, 2006 (copy of Board Resolution attached as Exhibit A hereto); and
WHEREAS, a condition of the approval of such PUD amendments by the Board is
execution of an intergovernmental agreement with the Town of Avon acceptable to the County
Attorney; and
WHEREAS, Town is willing to cooperate with County in facilitating the PUD
amendments described hereinabove by entering into this Agreement with County.
NOW, THEREFORE, County and Town agree:
(1) that Tract B (as shown on the Amended Final Plat attached as Exhibit -B hereto) shall
be treated by Town for all purposes as controlled by the applicable provisions of the PUD
Amendments; and
(2) that such Tract B is restricted to use as open space; and
(3) that Town will take no legislative action with respect to such Tract B that is
inconsistent with the terms of the PUD Amendments and the Amended Final Plat; and .
(4) in the event of a proposed further amendment of the PUD or Amended Final Plat, the
County will notify the Town of the proposed amendment and
(a) the Town shall have the right of review of any proposed further amendment
that affects Tract B, and the County will not approve a further amendment affecting Tract
Bdirectly or indirectly, or impacting Nottingham Ranch Road or William J. Post
Boulevard, without written consent to such an amendment by the Town;
(b) the County will not approve a further amendment that does not affect Tract B,
directly or indirectly, or impact Nottingham Ranch Road or William J. Post Boulevard,
without first obtaining the Town's comments on such further amendment and giving full
consideration to any possible direct or indirect impacts of such amendment on the Town.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first set forth above.
BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK
Nee 2 of 3
COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS BOARD OF
COUNTY COMMISSIONERS
By:
Am M. Menconi, Chairman
ATTEST:
By:
Teak J. Simonton,
Clerk to the Board of County Commissioners
TOWN ON, COLD O 9V By - c Attest:
By:
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COUNTY OF EAGLE, STATE OF COLORADO
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EXHIBIT
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RESOLUTION 07-02
Series of 2007
A_ RESOLUTION APPROVING AN AGREEMENT BETWEEN THE COUNTY 'OF EAGLE,
STATE OF COLORADO AND THE TOWN'OF AVON RELATED TO MCGRADY ACRES
PUD AND NOTTINGHAM COTTAGES PUD
WHEREAS, a portion of the Nottingham Cottages PUD was annexed into the Town
of Avon in connection with road right-of-way for construction of Post Boulevard ; and
WHEREAS,.an unused portion of the annexed property that was replatted as Tract B
through the Town of Avon was reconveyed to the owners of Nottingham Cottages PUD via Special
Warranty Deed; and
WHEREAS, the owners of Lot 7, McGrady Acres and Nottingham Cottages PUD
applied to Eagle County for a PUD amendment; and
WHEREAS, Tract B is a part of the requested PUD amendment and is still within
the Town of Avon; and
WHEREAS, the PUD Amendment was approved by Eagle County with the
condition that the Town execute an intergovernmental agreement with the County that the Town
Will take'no legislative action with respect to Tract B that is inconsistent with the terms of the
PUDs.
NOW, THEREFORE, BE IT RESOLVED:
That the AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF
COLORADO AND THE TOWN OF AVON attached hereto as Exhibit 1 is hereby approved.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th
day of February 2007.
Ronald C. Wolfe, Mayor
ATTEST: i ,E AIL
a„v~ c • j~®L®fl Ao®
ajtty Mc enny, To~rn Clerk
IATown Clerk\Council\Resolutions\2007\Resolution No. 07-02 Eagle Co IGA Mcgrady Acres.Doc
MEMORANDUM
TO: Town Council
FROM: Town Attorney
DATE: March 27, 2007
SUBJECT: Nottingham Cottages PUD
At the last meeting of Council, a resolution was adopted authorizing an
intergovernmental agreement between the Town and Eagle County relating to the Nottingham
Cottages PUD. It was a condition of the resolution, to which the County representatives agreed,
that the IGA be changed to provide that any amendment to the Nottingham Cottages PUD would
require the consent of the Town. The motion also authorized the mayor and the town attorney to .
approve the final form of the IGA.
Included under Old Business on the Council agenda is the final form of the IGA
received from the County. The County Attorney's office has been advised that the form does not
comply with the condition contained in the motion. Rather, it seeks to limit the requirement of
Town consent to only those amendments affecting Tract B, which is the portion of the PUD located
within the Town.
The County Attorney's office asked for the opportunity to address Council as to
whether the IGA may be so limited. That request has been honored and the matter placed under
Old Business.
If Council wishes to agree to the present form of the IGA, a council member should
move to amend the motion passed on March 13 to limit the requirement of Town consent to
amendments affecting Tract B. If that action is not taken, the County will have the choice of
accepting an IGA which complies with the March 13 motion or having no IGA with the Town.
The effect of there being no IGA would be to allow the Town to zone Tract B as it wishes.
JWD:ipse
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: February 2, 2007
Re: Resolution No. 07-02, Series of 2007 - A Resolution Approving Agreement
Between the County of Eagle, State of Colorado and the Town of Avon
Related to McGrady Acres PUD and Nottingham Cottages PUD
Summary: A portion of the land annexed into the Town in conjunction with the
acquisition of right-of-way for construction of Post Boulevard was conveyed back to the
owner of Nottingham Cottages PUD, following construction of the road. This portion is
identified as Tract B and is a very small parcel that was located in the original Nottingham
Ranch Road right-of-way that was no longer required following completion of Post Boulevard
and the relocation of Nottingham Ranch Road. This parcel is still within the Town Boundary
but is also attached to Nottingham Cottages PUD which is under the jurisdiction of Eagle
County.
The owners of Lot 7, McGrady Acres and Nottingham Cottages PUD applied to Eagle
County for a PUD Amendment. The PUD Amendment approved modifications of the. PUD
Boundaries to allow the approval of an Amended Final Plat modifying the shared lot line and
vacating the internal lot line of Tract B. No other changes to the PUDs were requested or
approved. The PUD Amendment was subsequently approved by Eagle County with the
condition that an intergovernmental agreement between Eagle County and the Town of Avon
stipulating that the County and Town agree that Tract B will be treated by the Town for all
purposes as controlled by the provisions of the Amended PUDs and that the Town will take
no legislative action with respect to Tract B that is inconsistent with the terms of the PUDs.
Resolution No. 07-02 approves an intergovernmental agreement between the Town and
County that complies with the condition of the Eagle County PUD Amendment Approval.
We recommend approval of Resolution No. 07-01, Series of 2007, A Resolution Approving
Agreement Between the County of Eagle, State of Colorado and the Town of Avon Related to
McGrady Acres PUD and Nottingham Cottages PUD.
Section 16.2 of the Town Charter requires a 2/3 vote of the entire council for approval of
intergovernmental agreements.
I:\Engineering\Avon Village\2.0 Filing l\Annexations\Res 07-02 Memo.Doc
r
Recommendation: Approve Resolution No. 07-02, Series of 2007, A Resolution
Approving Agreement Between the County of Eagle, State of Colorado and the Town of
Avon Related to McGrady Acres PUD and Nottingham Cottages PUD.
Proposed Motion: I move to approve Resolution No. 07-02, Series of 2007, A
Resolution Approving Agreement Between the County of Eagle, State of Colorado and the
Town of Avon Related to McGrady Acres PUD and Nottingham Cottages PUD.
Note: Approval requires a 2/3 vote of the entire Council.
Town Manager Comments:
Attachments:
A - Resolution No. 07-02
1AEneineering\Avon Village\2.0 Filing I\Annexations\Res 07-02 Memo.Doc 2
* u~~ Q
RESOLUTION 07-02
Series of 2007
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO AND
THE TOWN OF AVON RELATED TO MCGRADY ACRES
PUD AND NOTTINGHAM COTTAGES PUD
WHEREAS, a portion of the Nottingham Cottages PUD was annexed into the Town
of Avon in connection with road right-of-way for construction of Post Boulevard ; and
WHEREAS, an unused portion of the annexed property that was replatted as Tract B
through the Town of Avon was reconveyed to the owners of Nottingham Cottages PUD via Special
Warranty Deed; and
WHEREAS, the owners of Lot 7, McGrady Acres and Nottingham Cottages PUD
applied to Eagle County for a PUD amendment; and
WHEREAS, Tract B is a part of the requested PUD amendment and is still within
the Town of Avon; and
WHEREAS, the PUD Amendment was approved by Eagle County with the
condition that the Town execute an intergovernmental agreement with the County that the Town
will take no legislative action with respect to Tract B that is inconsistent with the terms of the
PUDs.
NOW, THEREFORE, BE IT RESOLVED:
That the AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF
COLORADO AND THE TOWN OF AVON attached hereto as Exhibit 1 is hereby approved.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th
day of February 2007.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
I:\Engineering\Avon Village\2.0 Filing 1\Annexations\Res 07-02 Eagle Co IGA.Doc
exlYlg T /
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF AVON
THIS AGREEMENT, made this day of , 2007, by and between the
County of Eagle, State of Colorado ("County"), a body corporate and politic, by and through its
Board of County Commissioners, and The Town of Avon, Colorado ("Town"), a body corporate
and politic, by and through its Town Council,
WITNESSETH:
WHEREAS, in 1991 the County approved the McGrady Acres PUD and in 1998
approved the Nottingham Cottages PUD a contiguous development (jointly, "PUDs"); and
WHEREAS, in 2002, the Town of Avon/Traer Creek Metropolitan District condemned a .
portion of the Nottingham Cottages PUD in order to construct the road right-of-way for William
J. Post Blvd, and after completion of the road improvements, the unused portion of the
condemned property (renamed "Tract B" by virtue of being platted in the Town of Avon) was
returned via Special Warranty Deed from the Traer Creek Metropolitan District to the owners of
the Nottingham Cottages PUD; and
WHEREAS, on or about June 14, 2006, the owners of the Nottingham Cottages PUD
and Lot 7 of the McGrady Acres PUD (hereinafter "Applicants") both (a) applied to the County
for approval of a Planned Unit Development Amendment (hereinafter "PDA"), File No. PDA-
00066 that would recognize the modification of a shared lot line between both PUDs as well as
the re-inclusion of Tract B in the amended PUDs by eliminating the internal lot line of Tract B,
and (b) submitted a proposed Amended Final Plat reflecting the changes proposed in the
amendment; and
WHEREAS, Tract B is too small to support proceedings to legally disconnect it from the
Town of Avon and return it to unincorporated Eagle County; and
WHEREAS, at its public hearing held November 1, 2006, the County Planning
Commission, based upon its findings, recommended approval with conditions of the proposed
PUD Amendment; and,
WHEREAS, a public hearing was held by the Board of Eagle County Commissioners
(hereinafter the Board) on November 21 2006 to consider the PUDs Amendment application;
and,
Page 1 of 3
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of the County, comments of the County Department of-
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission; and, comments from all interested parties, the Board approved, with
conditions, the proposed.PUDs amendments at a public hearing on December 19, 2006 (copy of
Resolution attached as Exhibit A); and
WHEREAS, a condition of the approval of such PUD amendments by the Board is
execution of an intergovernmental agreement in substantially the form attached as Exhibit 1 to
such approval resolution, with such modifications of such intergovernmental agreement as may
be. approved by the County Attorney, recognizing that Tract B is included in a the amended
PUDs and amended final plat for such PUDs; and
WHEREAS, Town is willing to cooperate with County in facilitating the PUDs.
amendments described hereinabove by entering into this Agreement with County.
NOW, THEREFORE, County and Town agree that Tract B as shown on the Amended
Final Plat attached hereto as Exhibit I shall be treated by Town for all purposes as controlled by
the provisions of the Amended PUDs attached hereto as Exhibit A, and. Town will take no
legislative action with respect to such Tract B that is inconsistent with the terms "of the'PUDs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the.date
first set.forth above.
BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK
2
COUNTY OF EAGLE, STATE. OF. COLORADO
BY AND THROUGH ITS .BOARD. OF
COUNTY COMMISSIONERS
By:
Am M. Menconi, Chairman..
By:
Teak J. Simonton,
Clerk to the Board of County Commissioners
TOWN OF AVON, COLORADO
:By -
Attest:
By:
3
Commissioners moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006 -
APPROVAL
OF NOTTINGHAM COTTAGES PUD AND MCGRADY ACRES PUD,
PUD AMENDMENT
FILE NO. PDA-00066
WHEREAS, on or about June 14, 2006, the County of Eagle, State of Colorado,
accepted for filing an application submitted by the owners of the Nottingham Cottages PUD and
Lot 7 of the McGrady Acres PUD (hereinafter "Applicant") for approval of a Planned Unit
Development Amendment (hereinafter "PDA") File No. PDA-00066; and
WHEREAS, the Applicants requested the approval of a Planned Unit Development
Amendment which would recognize the modification of a shared lot line between both PUDs as
well as the reconnection of "Tract B"; and
WHEREAS, the Nottingham Cottages PUD and the McGrady Acres PUD are contiguous
developments; Nottingham Cottages PUD was approved in 1998 and the McGrady Acres PUD
was approved in 1991; and
WHEREAS, in 2002, the Town-of Avon/Traer Creek Metropolitan District condemned a
portion of the Nottingham Cottages PUD in order to construct the road right-of-way for William
J. Post Blvd. After completion of the road improvements, the remaining property (renamed Tract
B by virtue of being platted in the Town of Avon) was returned via Special Warranty Deed from
the Traer Creek Metropolitan District to the owners of the Nottingham Cottages PUD; and
WHEREAS, Tract B is too small to legally disconnect from the Town of Avon and
returned to unincorporated Eagle County; and
WHEREAS, there is an Intergovernmental Agreement, recorded with the Eagle County
Clerk and Recorder, which recognizes that Tract B, although part of the Town of Avon, shall be
EXHIBIT
governed by the Nottingham Cottages PUD as part of common space,. as was its previous
designation prior to condemnation; and
WHEREAS, this PUD amendment simply recognizes that the boundaries of the PUDs
are being modified. No other modifications of either PUD are being requested; this is simply a,
technical exercise. In addition to this PUD amendment, the applicant has also submitted an
Amended Final Plat; the mechanism for modifying the shared lot line/vacating the internal lot
line of Tract B; and
WHEREAS, Tract B, as amended, shall. be used for "common-area." as was the former
use of that portion of land prior to condemnation and formation of Tract B; and
WHEREAS, a copy of this plat is attached to this resolution as Exhibit "A"; and
WHEREAS, notice of the PUD Amendment was given to all proper agencies and
departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and,
WHEREAS, at its public hearing(s) held November .l, 2006, the Eagle County Planning
Commission, based upon its findings, recommended approval with conditions of the proposed
PUD Amendment; and,
WHEREAS, a public hearing was held by the Board of County Commissioners
(hereinaf3er the "Board'I of the County of Eagle, State of,Colorado, on November 21', 2006 to
consider the PUD Amendment application;' and,
WHEREAS, 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; the recommendation of the.
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado ("the Board".), finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.x Standards' for
the review of a Sketch. and Preliminary plan for PUD:
(1) United ownership or control The title to all land that is part of both of the PUDs
IS owned or controlled by one (1) person and/or entity.
(2) Uses: The uses that may be developed in the PUDs ARE uses that- are designated
as uses that are allowed, allowed as a special use or allowed as a limited for the
zone district designation in effect for the property at the time of the application for
the PUD Amendment.
Page 2 of 6
(3) Dimensional Limitations. The dimensional limitations that shall apply to the
PUDs ARE those specified in Table 3-340, "Schedule of Dimensional
Limitations", for the-zone district designation in effect for the property at the time
of the application for PUD.
(4) Off-street Parking and Loading: It HAS been demonstrated that off-street
parking and loading provided in the PUDs comply. with the standards of Article 4,
Division l,.Off-Street Parking and Loading Standards, without a necessity for a
reduction in the standards.
(5) Landscaping. It HAS previously been demonstrated that landscaping provided in
the `PUDs can comply with the standards of Article 4, Division 2, Landscaping
and Illumination' Standards.
(6) Signs The sign standards applicable to the PUDs ARE as specified in. Article 4,
Division 3, Sign Regulations.
(7) Adequate Facilities. The Applicant HAS clearly demonstrated that. the
development, that was proposed in the. Preliminary Plans for both PUDs were
provided adequate facilities for roads; the applicant HAS clearly demonstrated
that the development, that was proposed in the Preliminary Plans for both PUDs,'
were provided adequate facilities for potable water; sewage disposal, solid waste
disposal, electrical supply and fire protection. In addition, the Applicant HAS,
previously demonstrated that the PUDs are conveniently located in relation to
schools, police, and fire protection, and emergency medical services.
(8) Improvements. It HAS been clearly demonstrated that the improvements
standards applicable to the development will be as specified in Article,4, Division
6, Improvements Standards regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) . Principal Access Points.
(e) Snow Storage
(9) Compatibility. With Surrounding Land Uses: The. development previously
approved for both PUDs IS compatible with the character. of surrounding land
uses.
(10) Consistent with -Comprehensive Plan. The proposed PUDs CAN be shown to be
appropriate for its proposed location and be consistent with the purposes, goals,,
objectives and policies of the Comprehensive Plan and FLUM, including .
standards for building and structural intensities and. densities, and intensities of
use.
Page 3 of 6
Ok
(11) Phasing. A phasing plan IS NOT necessary for this development.
(12) Common Recreation and Open Space. The PUDs HAVE demonstrated that the
proposed development will comply with the common recreation and open space
standards with respect to:
(a) Minimum area;
(b) Improvements required;
(c) Continuing use and maintenance; or . .
(d) Organization.
(13) Natural Resource Protection: The PUDs DO demonstrate that the.
recommendations made by the applicable analysis documents available at the time
the application was submitted, -as well as the recommendations of referral
agencies as specified in Article 4, Division 4, Natural Resource Protection
Standards: have been considered.
2. Pursuant to Eagle Comity Land Use Regulations Section 5-286.B. 3.e.'Standards for
the review of a Sketcb'and Preliminary Plan for Subdivision:
(1) Consistency with Comprehensive Plan. The PUDs ARE consistent with the
Comprehensive Plan, and ARE consistent.with the Future Land Use Map
(FLUM).
(2) Consistent with Land Use Regulations. The Applicant HAS fully demonstrated
that the previous subdivisions complied with all of the standards of this Section
and all other provisions of these Land Use Regulations, including; but not limited
to, the applicable. standards of Article 3, Zone Districts„ and Article 4, Site
Development Standards.
(3) Spatial Pattern Shall Be Ercient The existing subdivisions ARE located and
designed. to avoid creating spatial patterns that. cause inefficiencies in the delivery
of public services, or require duplication or premature extension of public
facilities, or result in a "leapfrog" pattern of development: ' , .
(4) Suitability jor Development The properties ARE suitable for development,
considering its topography, environmental resources and natural or man-made
hazards that may affect the potential development of the property, and existing
and probable future public improvements to the area.
(5) Compatibility with Surrounding Uses The existing PUDs'ARE compatible with
the character of existing land uses,in the area and SHALL NOT.adversely affect,
the future development of the surrounding area.
Page 4 of 6
P
3. Amendment to Preliminary Plan for PUD. No substantial modification, removal, or
release of the provisions of the plan shall be permitted except upon a finding by the County,
following a public hearing called and held in accordance with the provisions of section
24-67-104(l)(e) Colorado Revised Statutes that;
(1) Modification. The modification, removal, or release is consistent with the efficient
development and preservation of the entire Planned Unit Development; (am m2m)
(2) Adjacent Properties. The PUD Amendment does not effect, in a substantially
adverse manner, either the enjoyment of land abutting upon or across a street from
the Planned Unit Development or the public interest;
(3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon
any person.
The application has been submitted by both of the owners of existing PUDs which
currently supports this amendment. In addition, this amendment alleviates any potential
access issues for future/any of the residents and/or owners of property within either PUD.
5. Pursuant to Section 5-280.B.4, Preliminary Plan for Subdivision, Staff finds this
application in conformance with all required application contents, including, an adequate,
Preliminary Plan Map.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the PUD Amendment for the Nottingham Cottages PUD and the McGrady Acres
PUD File No. PDA-00066, be and is hereby approved.
THAT, the PUD Amendment submitted under this application and hereby approved does
not constitute a "site specific development plan" as that phrase is defined and used in C.R.S.
Section 24-68-101, et seq.
THAT the Board further finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado.
Page 5 of 6
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held this _a day of 7
2006, nunc pro tunc to the I" day of November, 2006.
COUNTY OF EAGLE, STATE OF COLORADO, By and
ugh its-~OARD OF COUNTY COMMISSIONERS
ATTEST:
j
BY: `BY:
Teak J. Simonton Peter F. Runyon, Chair
Clerk to the Board of f7 ,eel
County Commissioners BY;
BY:
T
Am M. Menconi. Commissioner
Commissioner -~~E`~~econded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Peter F. Runyon C>
Commissioner Tom C. Stone
Commissioner Arn M. Menconi
IC7
This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 6 of 6
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AMENDED FINAL PLAT
LOT 1, NOTTINGHAM COTTAGES P.U.D. AND LOT 7, MCGRADY ACRES
COUNTY OF EAGLE, STATE OF COLORADO
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EXHIBIT
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