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HomeMy WebLinkAboutR17-051 Approval Chaves Parcel Lot 2 File No. SMA-6420 4110 'Ad-Commissioner GU�C.K-r+IL•-i moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- 05 RESOLUTION APPROVING A MINOR A SUBDIVISION FOR CHAVES PARCEL LOT 2 FILE NO.SMA-6420 WHEREAS, on or about August 5, 2016, the County of Eagle, State of Colorado, accepted for filing an application submitted by Merrill C. Lahman and Marisa I. Lahman (hereinafter the "Applicant") for the purpose of creating three (3) legal lots through a Minor A subdivision process consolidated with a variance from improvement standard s(hereinafter the "Property"), located in the Resource and Rural Residential Zone Districts in the unincorporated • area of Eagle County more particularly described as follows: Lot 2, Chaves Parcels, according to the plat recorded October 6, 2005 at Reception No. 932154, County of Eagle, State of Colorado;and WHEREAS, the Applicant requested approval of a Minor A Subdivision(Eagle County File No. SMA-6420) to create three legal lots through a Minor A Subdivision process consolidated with a Variance from Improvement Standards. Lot 2A would be 36.85 acres, Lot 2B would be 2.08 acres and Lot 2C would be .311 acres and designated open space; and WHEREAS, a Variance from Improvement Standards from a 40 foot right-of-way width under the ECLUR 4-620.J Geometric Design Standards was approved for a non-conforming road segment currently existing on Lot 2B. The road segment is utilized for access to 6 parcels, including Lot 2A; and WHEREAS, notice of the Minor A Subdivision was given to all proper agencies and departments as required by Section 5-210.E, ECLURs—Notice ofPublic Hearings; and WHEREAS, public notice was posted in a newspaper of general circulation and said notice was sent to all adjacent property owners as required by the Section 5-210.E, —Notice of Public Hearings, ECLURs;and • Eagle County, CO 201716791 Regina O'Brien 08/30/2017 Pgs: 5 01:26:14 PM REC: $0.00 DOC: $0.00 WHEREAS, at its regular meeting on May 2, 2017 and June 20, 2017, the Board of • County Commissioners (hereinafter "the Board") considered the proposed Minor A Subdivision with the Variance from Improvement Standards; associated plans;the statements and concerns of the Applicant, the Eagle County Community Development staff, and other interested persons; 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 Community Development Department, comments of public officials and agencies, and comments from all interested parties,the Board finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Board. 2. That pursuant to ECLURs Section 5-290.G.1 - Standards for the review of a Minor A Subdivision, all standards required for the Minor A Subdivision have been met as required by the ECLURs as follows: a. Consistent with Comprehensive Plan. The proposed subdivision IS in substantial conformance with the purposes, intents, goals and policies of the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. 1111 b. Consistent with Land Use Regulations. The proposed subdivision DOES comply 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. c. Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or required duplication or premature extension of public facilities, or result in a leapfrog pattern of development. (1) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. 2 • (2) Service Ultimate Population. Utility lines ARE sized to serve the planned ultimate population of the service area in order to both avoid future land disruption, and the necessity of upgrading undersized lines. d. Suitability for Development. The property proposed to be subdivided IS 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 improvements to the area. e. Compatible with Surrounding Uses. The proposed subdivision IS generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services or infrastructure improvements. f. Improvements Agreements. This subdivision DOES NOT require any Improvements Agreement. g. Conformance with Final Plat Requirements.This subdivision conforms with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines. 3. That pursuant to ECLURs Section 5-260.G.2.- Standards for a Variance from Improvement Standards, all standards required for the Variance have been met as required by the ECLURs as follows: a. The Board of County Commissioners balanced the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected and determined that the hardships outweighed the adverse impact. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Minor A Subdivision application for the Chaves Parcel 2, located in the Resource and Rural Residential Zone District,on the Property located in the unincorporated area of Eagle County described herein,be approved, subject to the following conditions: 3 • 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Prior to the recording of the plat, the Applicant shall provide satisfactory evidence, for each proposed lot, demonstrating the existence of a wastewater disposal system, or other lawful means of disposing of human wastes, which complies with all applicable public health laws. 3. Prior to recording of the plat, the Applicant shall add a plat note for Lot 2B stating, "The applicant for building permit shall provide a site specific geologic hazards investigation report to the Eagle County Engineering Department and demonstrate that geologic hazards impacting any development on the site have been mitigated. THAT,the Board directs the Planning Department 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. 4 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the l5I«day of 154alt ST , 2017,nunc pro tunc to the 20th day of June, 2017. 44``P t't, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY CO SIONERS ATTEST: caLQaPO .olt_..t k U ICJ RA 11--44 By: Clerk to the Board of Jil "'� . Ry:. County Commis oners Cam�.: i 1. LI/rr//i 441 i i �. A el Kathy rd andler-Henry / Coi�mi/sio r m (-C J41 e McQueeney �T• umissioner Commissioner W _t)U _ - seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Ryan • Commissioner Chandler-Henry 14.4.• Commissioner McQueeney ,. This resolution passed by J U vote of the Board of County Commissioners of the County of Eagle, State of Colorado 5