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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: S F Page 3 of 3 E s LE F s I v a V Q Q C I r a ^ r I ~ j o~ c z fill iii !ill 1 h r~ NNNNNN~ ! j P~ rim X . fl11 ~ J E /,Jp 1,_ i r1 a r! ) I a~ ;mss" t 1j.~ I' .i . I ' 1 . j ~1lJ+ 1 ~ ! il' l; I 1~ E s a V• ;I 4 Ji. r . , 'mow-- ;1•' 1 f ~h f r I 3r ~e1 i f~ f-•E qua ~ fh1 I r I ~ t B ~I .I 0 f AMENDED nNAL PLAT LOT 1, NOTTINGHAM COTTAGES P.U.D. AND LOT 7, MCGRADY ACRES COUNTY OF EAGLE, STATE OF COLORADO ...fie . r .GL •tla i t -I AN ~ ~•'Y er+c aw ~.rlNi~~'afrio,vwrl.G .:,d .Ut :.m.~M4.n=•aisr~. 4•• ~.w R Cw'+hn 4.2E..Ml FC ht~c r- Qr~ ~`o - - - - -rozorc- usa.a:ae.•r aaaw qw -bm--r M. EXHIBIT F E \V-~ 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 'U ' Val S aa 1 i ~ '.i m , o ~ ~y57 il~~~v ~1If a1 ~Da~1 ~ ~ 0 AMENDED FINAL PLAT LOT 1, NOTTINGHAM COTTAGES P.U.D. AND LOT 7, MCGRADY ACRES COUNTY OF EAGLE, STATE OF COLORADO ®IIIO •rM. ~r}.~y~ 1y u . - rr._.rw.~...rrn-r.....,.....~r.rsrrw~ w.L.~Y,I./_..1.YG Y ~MRNi M-Y--••••rw Mme., r rx ~r a» r I 007... " y~AV~ nRIIffiG~6eeff ~ `-jt$66L.._..... r 1_ wrrr»._.r._ J..T/n . iYO x- 4 4M1r.1.~ T . ,......w...._ .,»►.~..,.~r.... ...rya ~ r, • •~Z_r~._ L/!~O'r.». . XOIIF n'ew.. _ rJspp~'MIOIIpp f7 ~N 7aY i•,pp' _ li.~ll ~'~l~ .._r.Tir~.i ~ w.►.r.~`r~=- yy.~ . • i i • . w . Virrl:ee,•vr wmr•' »1. 1_r m.m 6.wa. _..IIm_ ~ sra~- .a._I.o..,..,r ~mwl.m......,m.l.,,,~ M.'~"e..'..~^~:_.w....~~T...~....m g~~'_~-..._-- ~1_~ .r--•. EXHIBIT m \Ik