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HomeMy WebLinkAboutR18-069 Approval Lane Family Conservation Subdivision File No. SMA-6856, ZC-6858 •
Commissioner 11/—`.1e`"----% moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2018- W1
APPROVAL OF THE ZONE CHANGE,SPECIAL USE,MINOR TYPE A AND
CONSERVATION SUBDIVISION FOR THE LANE FAMILY CONSERVATION
SUBDIVISION
FILES NO. SMA-6856,ZC-6857,ZS-6858
WHEREAS,on or about April 25, 2017, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Woody Ventures, LLC; and Nothin But Blue Skies,
LLC(hereinafter "Applicant") for approval of the Zone Change, Special Use,Minor Type A
Subdivision, and Conservation Subdivision for the Lane Family Conservation Subdivision(the
"Conservation Subdivision"); and,
WHEREAS,the Applicant requested the approval of a zone change from an expired
PUD Zone District to the Resource Zone District on 28.8 acres of land more particularly
described on Exhibit A attached hereto and incorporated herein; and of a Special Use, Minor
Type A Subdivision and a Conservation Subdivision plan to create four 1.5-acre lots and a 79.8-
acre conservation agricultural tract upon an 85.8-acre parcel more particularly described on
Exhibit B attached hereto and incorporated herein (the two land areas collectively referred to
herein as the "Property"); and
WHEREAS,notice of the proposed Zone Change, Special Use,Minor Type A
Subdivision and Conservation Subdivision was given to all proper agencies and departments as
required by ECLUR Section 5-210.E; and,
WHEREAS,notice of the proposed Zone Change, Special Use,Minor Type A
Subdivision and Conservation Subdivision was mailed to all owners of property located within
and adjacent to the Property and was duly published in a newspaper of general circulation
throughout the County concerning the subject matter of the applications and setting forth the
dates and times of hearings for consideration of the application by the Roaring Fork Regional
Planning Commission (hereinafter the "Planning Commission") and the Board; and,
WHEREAS,on April 19, 2018, the Planning Commission,based upon its findings,
recommended approval with conditions of the proposed Conservation Subdivision; and
1
Eagle County, CO 201815175
Regina O'Brien 09/06/2018
Pgs: 7 11:52:55 AM
REC: $0.00
DOC: $0.00
•
WHEREAS,at its regular public hearing May 15, 2018; the Eagle County Board of
Commissioners (hereinafter "Board"), considered the proposed Zone Change, Special Use,
Minor Type A Subdivision and Conservation Subdivision; associated plans; and the statements
and concerns of the Applicant, the Eagle County Community Development and Engineering
staff, and other interested persons; and the recommendation of the Planning Commission; and
NOW,THEREFORE,based on the evidence, testimony, exhibits, and study of the
Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle
County Community Development Department, comments of public officials and agencies, the
recommendation of the Planning Commission, and comments from all interested parties and the
Staff Report, 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. That all standards have been met as required by the Eagle County Land Use
Regulations for a Zone Change for the property described on Exhibit A, and for the
Special Use, Minor Type A Subdivision and Conservation Subdivision for the property
described on Exhibit B (including approval of density bonus and an ADU for each lot),
and the granting of a variation to improvement standards for road width to allow a 20'
wide road (including shoulders) through the Conservation Subdivision.
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, the applications for the Zone Change
for the property described on Exhibit A, the Special Use, Minor Type A Subdivision and
Conservation Subdivision for the property described on Exhibit B for the Lane Family
Conservation Subdivision be and are hereby approved;
THAT, the Declaration of Covenants, Easements, Conditions and Restrictions for the
Lane Family Conservation Subdivision (including the conservation/agricultural lands
management plan) was approved by the Board and will only be recorded upon satisfaction of
condition 12, set forth herein.
THAT, this Resolution shall serve as an agreement binding the Special Use, Minor Type
A Subdivision and the Conservation Subdivision to the following conditions:
1. Except as otherwise modified by these development permits, all material representations
made by the Applicant in these applications and in public meeting shall be adhered to and
considered conditions of approval.
I
2. Dwelling units in the Conservation Subdivision shall be limited to 5,000 square
feet or less as measured and defined by the Eagle County Land Use Regulations.
3. Any Accessory Dwelling Units in the Conservation Subdivision shall not exceed
1800 square feet in addition to other applicable provisions of the Eagle County
Land Use Regulations.
4. With the exception of areas within platted building envelopes, any fences located
in the Conservation Subdivision shall be wire strand or constructed of unpainted
natural materials, and shall be wildlife friendly.
5. Any signage in the Conservation Subdivision shall be limited to those necessary
to provide direction and/or safety on public or private travel routes.
6. Any entry monuments or entry gates in the Conservation Subdivision shall be
designed to conform to the rural character of the area.
7. To ensure that all conservation/agricultural lands identified on the Final Plat for
the Conservation Subdivision will be used accordingly, restrictions shall be
placed on the Conservation Subdivision Final Plat and in each related property
deed conveying a separate interest in the property subject to the Conservation
Subdivision to ensure continued maintenance pursuant to the
conservation/agricultural lands management plan (contained in the Declaration of
Covenants,Easements,Conditions and Restrictions for the Lane Family
Conservation Subdivision) and to prohibit the further subdivision of any
conservation/agricultural land areas.
8. Any lighting associated with the Conservation Subdivision shall be downcast in
accordance with dark/night-sky compliant lighting standards; specifically, any on-
site lighting shall be designed and installed so as not to direct glare onto adjacent
properties.
9. The Applicant and all owners of lots in the Conservation Subdivision shall adhere
to all wildfire mitigation strategies outlined in applicant letter May 28, 2015;
Olsson and Associates letter dated May 19, 2015; and letter from Eagle County
Wildfire Mitigation Coordinated Eric Lovegren dated October 9, 2015.
10.The Applicant and all owners of lots in the Conservation Subdivision shall adhere
to all recommendations from Colorado Geological Survey letter dated May 15,
2015.
11.The Applicant and all owners of lots in the Conservation Subdivision shall adhere
to all requirements articulated in the Basalt and Rural Fire Protection District
3
e•
letter dated January 25, 2018 for road and driveway design, access,rights-of-way,
hydrant, water storage, and construction.
12.The Applicant shall have the right to delay recording of the Final Plat of the Lane Family
Conservation Subdivision and the recording of the Declaration of Covenants,Easements,
Conditions and Restrictions for the Lane Family Conservation Subdivision
("Declaration") until after a court order has been issued in the pending CRCP Rule
106(a)(4) case filed to challenge the approval of the adjoining The Tree Farm Planned
Unit Development ("PUD").The approval of the Lane Family Conservation Subdivision
and the accompanying down-zoning of 28.80 acres from PUD to Resource zoning shall
not become effective until the Final Plat of the Lane Family Conservation Subdivision is
recorded. If the approval of The Tree Farm Planned Unit Development is invalidated by
court order, then the Applicant shall have the right,in its discretion,to choose not to
record the Final Plat of the Lane Family Conservation Subdivision and the Declaration,
in which case the approval of the Lane Family Conservation Subdivision and the
accompanying down-zoning of the 28.80 acres described on Exhibit A shall be null and
void.
THAT,the Board directs the Community Development Director to enter the approved
zone change on the appropriate page of the Official Zone District Map for Eagle County and to
provide a copy of this Resolution to the Applicant; and
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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4
A
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the IV day of
5-rtAAAAhu.-2018, nunc pro tune to the 15th day of May, 2018.
COUNTY OF EAGLE, STATE OF
A C0 OLORADO, by and Through Its
ATTEST; B t ARD OF COUNTY COMMISSIONERS
Coco I ,
• r i By: (/UL ,dd ,/I 1,4 ,45 ",it
Regina O'Brien Kathy handler-Henry
Clerk to the Board of Chairman
County Commissioners
m �►
J ne McQueeney
ommissioner
Jill/H.Ryan
C•mmissioner
Commissioner to (i)uLt.�f...4seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Jillian H. Ryan 145-1 b
Commissioner Jeanne McQueeney 4-1.4
Commissioner Kathy Chandler-Henry
This Resolution passed by 6 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
5
1
EXHIBIT A: Legal Description for 28.8 acres of land subject to a zone
change from expired PUD Zone District to Resource Zone District
A PARCEL OF LAND SITUATED IN TRACT 38 AND TRACT 46 OF SECTION 2,TOWNSHIP 8 SOUTH, RANGE 87 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADQ;BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35,TOWNSHIP/SOUTH, RANGE 87 WEST;THENCE
S3719'54"E A DISTANCE OF 1675.92 FEET TO A POINT IN THE CENTER OF THE ROBINSON DITCH,THE POINT OF
BEGINNING;THENCE ALONG SAID CENTER OF DITCH THE FOLLOWING.NINE (9)COURSES:
1.) S75°19'33"E A DISTANCE OF 77.90 FEET;
2.) N76°4725"E A DISTANCE OF 139.57 FEET;
3.)N52°01'27"E A DISTANCE OF 91.88 FEET;
4.) N04°25'33"E A DISTANCE OF 72.31 FEET;
5.) N48°1112"E A DISTANCE OF 69.90 FEET;
6.)N57°46'29"E A DISTANCE OF 59.03 FEET;
7.)N48°40'36"E A DISTANCE OF 111.43 FEET;
8.)N79°33'45"E A DISTANCE OF 67.36 FEET;
9.) N46°58'36"E A DISTANCE OF 18.38 FEET;
THENCE LEAVING SAID CENTER OF DITCH S42°30'00"E A DISTANCE OF 740.60 FEET;THENCE S02°30'00"W A DISTANCE
OF 496.04 FEET;THENCE N88°00'01"E A DISTANCE OF 255.02 FEET;THENCE N47°30'00"E A DISTANCE OF 154.06 FEET
TO A POINT IN THE AFOREMENTIONED CENTER OF THE ROBINSON DITCH;THENCE ALONG SAID CENTER OF DITCH
THE FOLLOWING FNE(5)COURSES:
1.) S11°41'53"E A DISTANCE OF 135.86 FEET;
2.)S00°12'29"E A DISTANCE OF 52.21 FEET;
3.) 539°25'15"W A DISTANCE OF 131.56 FEET;
4.) S00°05'40"W A DISTANCE OF 238.51 FEET;
5.) S13°06'00"W A DISTANCE OF 81.38 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE AMENDED PLAT OF
LAURA J. ESTATES AS RECORDED IN BOOK 264 ON PAGE 119 IN THE OFFICE OF THE CLERK AND RECORDER OF THE
COUNTY OF EAGLE;THENCE ALONG SAID WESTERLY BOUNDARY OF LAURA J. ESTATES THE FOLLOWING FIVE(5)
COURSES:
1.) S05°52'07"E A DISTANCE OF 52.54 FEET;
2.)S02°27'53"W A DISTANCE OF 51.41 FEET;
3.) S22°46'53"W A DISTANCE 108.46 FEET;
4.) S00°05'07'E A DISTANCE OF 205.14 FEET;
5.) S11°09'07"E A DISTANCE OF 29.69 FEET;
THENCE LEAVING SAID WESTERLY BOUNDARY OF AMENDED PLAT OF LAURA J. ESTATES N42°30'00'W A DISTANCE OF
209.26 FEET;THENCE N68°32'28"W A DISTANCE OF 254.69 FEET;THENCE N42°30'00"W A DISTANCE OF 890.99 FEET;
THENCE N17°30'00"E A DISTANCE OF 212.31 FEET;THENCE N42°30'00"W A DISTANCE OF 408.52 FEET;THENCE
N22°30'00"W A DISTANCE OF 266.20 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 28.80 ACRES
MORE OR LESS.
WOODY VENTURES, LLC
COUNTY OF EAGLE - STATE OF COLORADO
TRUE NORTH
TRUE NORTH COLORADO, LLC.
gyp LIC�����i A LAND SURVEYING AND MAPPING COMPANY
COLORADOS P t R ••.S� RR 1118 BENNETT AVENUE
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A LAND SURVEYING AND MAPPING COMPANY 0•0 s�1/ CC (970)945-1105
A3 2 5 o i www.truenorthcolorado.com
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•
I EXHIBIT B: Legal Description for Lane Family Conservation Subdivision
°A TRACT OF LAND SITUATED IN SECTION 35 OF TOWNSHIP 7 SOUTH, RANGE 87 WEST AND SECTION 2 OF TOWNSHIP 8 SOUTH, RANGE 87
WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF EAGLE,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35,THE POINT OF BEGINNING;THENCE N01°05'20"E ALONG THE WEST LINE OF
SAID SECTION 35 A DISTANCE OF 670.15 FEET TO THE SOUTH-SOUTH 1/64 CORNER OF SECTIONS 34 AND 35,THENCE LEAVING SAID WEST
LINE S89°57'22"E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 35 A
DISTANCE OF 2622.19 FEET TO THE CENTER-SOUTH-SOUTH 1/64 CORNER OF SAID SECTION 35;THENCE LEAVING SAID NORTH LINE S00°21'04"E
ALONG THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 35,A DISTANCE OF 66738 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION 35,ALSO BEING ANGLE POINT 1 OF TRACT 38 OF SAID SECTION 2,THENCE S00°21'18"E ALONG LINE 1-6 OF SAID TRACT 38 A
DISTANCE OF 1593.92 FEET TO ANGLE POINT 6 OF SAID TRACT 38;THENCE LEAVING SAID LINE 1-6 OF TRACT 38,ALONG THE NORTH LINE OF
TRACT 46, N88°44'17"E A DISTANCE OF 116.95 FEET TO ANGLE POINT 6 OF SAID TRACT 46;THENCE S00°10'09"W ALONG THE EAST LINE OF
SAID TRACT 46 A DISTANCE OF 1320.31 FEET TO ANGLE POINT 5 OF SAID TRACT 46,ALSO BEING THE NORTHWEST BOUNDARY OF THE
AMENDED PLAT OF LAURA J.ESTATES AS RECORDED IN BOOK 264 ON PAGE 119 IN THE OFFICE OF THE CLERK AND RECORDER OF THE
COUNTY OF EAGLE,STATE OF COLORADO;THENCE S89°20'53"W ALONG THE NORTH BOUNDARY OF SAID LAURA J.ESTATES A DISTANCE OF
182.82 FEET;THENCE CONTINUING ALONG SAID NORTH BOUNDARY N00°11'05"E A DISTANCE OF 364.73 FEET;THENCE CONTINUING ALONG
SAID NORTH BOUNDARY S89°57'53"W A DISTANCE OF 236.80 FEET TO A POINT IN THE CENTER OF THE ROBINSON DITCH;THENCE ALONG THE
CENTER OF SAID DITCH THE FOLLOWING FIVE(5)COURSES:
1) S05°52'07"E A DISTANCE OF 52.54 FEET;
2) S02°2733"W A DISTANCE OF 51.41 FEET;
3) 522°46'53"W A DISTANCE OF 108.46 FEET;
4) S00°05'07"E A DISTANCE OF 205.14 FEET;
5) S11°09'07"E A DISTANCE OF 29.69 FEET;THENCE LEAVING SAID CENTER OF DITCH N42.30'00"W A DISTANCE OF 209.26 FEET;THENCE
N68°32'28"W A DISTANCE OF 254.69 FEET;THENCE N42°30'00"W A DISTANCE OF 890.99 FEET;THENCE N17°30'00"E A DISTANCE OF 108.31 FEET;
THENCE S78°00'00"E A DISTANCE OF 600.00 FEET;THENCE S30°00'00"E A DISTANCE OF 370.00 FEET;THENCE N90°00'00'E A DISTANCE OF 280.00
FEET;THENCE N30°00'00"E A DISTANCE OF 261.92 FEET;THENCE N00°00'00"W A DISTANCE OF 1716.57 FEET;THENCE N43°11'40"W A DISTANCE
OF 1440.13 FEET;THENCE N90°00'00"W A DISTANCE OF 556.60 FEET;THENCE 500°00'00"E A DISTANCE OF 502.89 FEET;THENCE S43°11'40"E A
DISTANCE OF 902.31 FEET;THENCE 546°48'20"W A DISTANCE OF 564.78 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF A PARCEL OF
LAND RECORDED IN BOOK 335 AT PAGE 987 IN THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE;THENCE ALONG SAID NORTHERLY
BOUNDARY S75°12'51"W A DISTANCE OF 451.26 FEET;THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY S85°03'00"W A DISTANCE OF
619.91 FEET;THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N8993'12"W A DISTANCE OF 34.94 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF SAID PARCEL;THENCE ALONG SAID WESTERLY BOUNDARY S05°49'24"W A DISTANCE OF 130.90 FEET TO A POINT IN
THE CENTER OF SAID ROBINSON DITCH;THENCE LEAVING SAID WESTERLY BOUNDARY N72°02'43"W A DISTANCE OF 111.27 FEET TO A POINT
ON THE EASTERLY BOUNDARY OF A PARCEL OF LAND RECORDED IN BOOK 547 AT PAGE 436 IN THE EAGLE COUNTY CLERK AND RECORDER'S
OFFICE;THENCE ALONG SAID EASTERLY BOUNDARY N00°04'18"W A DISTANCE OF 35.53 FEET;THENCE CONTINUING ALONG SAID EASTERLY
BOUNDARY N17°31'03"E A DISTANCE OF 62.61 FEET TO THE SOUTHEAST CORNER OF THE FINAL PLAT OF SHADOWROCK TOWNHOMES,PHASE
1 AS RECORDED IN RECEPTION NUMBER 200732940 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF EAGLE,STATE OF
COLORADO;THENCE ALONG THE EASTERLY BOUNDARY OF SAID SHADOWROCK TOWNHOMES,PHASE 1,N17°26'24"E A DISTANCE OF 71.13
FEET TO THE SOUTHEAST CORNER OF THE FINAL PLAT OF SHADOWROCK TOWNHOMES,PHASE 2, BUILDING N AS RECORDED IN RECEPTION
NUMBER 201406014 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF EAGLE,STATE OF COLORADO;THENCE ALONG THE
EASTERLY BOUNDARY OF SAID SHADOWROCK TOWNHOMES, PHASE 2 THE FOLLOWING FIVE(5)COURSES:
1) N17°26`24"E A DISTANCE OF 13.17 FEET;
2) N10°35'36"E A DISTANCE OF 206.63 FEET;
3) N11°59'44"E A DISTANCE OF 149.29 FEET;
4) N01°47'14"E A DISTANCE OF 23.73 FEET;
5) N28°16'10"W A DISTANCE OF 18.51 FEET TO THE SOUTHEAST CORNER OF TRACT C OF THE
AFOREMENTIONED SHADOWROCK TOWNHOMES, PHASE 1;THENCE LEAVING SAID EASTERLY BOUNDARY
OF SAID SHADOWROCK TOWNHOMES PHASE 2,ALONG THE EASTERLY BOUNDARY OF SAID TRACT C
THE FOLLOWING FIVE(5)COURSES:
1) N28°16'10"W A DISTANCE OF 159.64 FEET;
2) N11°3626"E A DISTANCE OF 49.39 FEET;
3) N07°51'14"W A DISTANCE OF 98.27 FEET;
4) N19°17'21"W A DISTANCE OF 34.40 FEET;
5) N28.12'44"W A DISTANCE OF 31.00 FEET TO ANGLE POINT 3 OF TRACT 38,
THENCE N00"1230"W ALONG LINE 3-2 OF TRACT 38 A DISTANCE OF 331.43 FEET
TO THE POINT OF BEGINNING.CONTAINING 85.796 ACRES,MORE OR LESS.
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COUNTY OF EAGLE - STATE OF COLORADO
TRUE NORTH
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1118 BENNETT AVENUE
COLORADO .O tP.C} �j GLENWOOD SPRINGS,COLORADO 81601
A LAND SURVEYING AND MAPPING COMPANY ,5! 38215 132• i (970) 945-1105
A10,..•(2..s.t •��p/ " www.truenorthcolorado.com
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• � DRAWLS.•°, PROJECT NO:2017-163 RIRC SHEET
DATE:December 5,2017 SURVVEVYED 1 OF 1