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HomeMy WebLinkAboutR22-037 Approving Minor Type A Subdivision for JLT Valley, LLC SMA 9185-2021 Eagle County, Co 202209175 DocuSign Envelope ID:CF16A8CC-5335-4918-9622-52936D29C603 Regina O'Brien 05/20/2022 Pgs: 4 04:13:40 PM REC: $0.00 DOC: $0.00 Commissioner Scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2022- 037 RESOLUTION APPROVING MINOR TYPE A SUBDIVISION FOR JLT VALLEY,LLC Eagle County File No.SMA-9185-2021 WHEREAS, on or about August 10, 2021,the County of Eagle,State of Colorado,accepted for filing an application submitted by JLT Valley, LLC (the "Applicant") for a Minor Type A Subdivision, for a 1.16 acre property located at 33885 Highway 6,and more particularly described as set forth in Exhibit A(the"Property");and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"),Section 5-210.E - Notice of Public Hearings, notice of the proposed Minor Type A Subdivision was mailed 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, public notice was posted in a newspaper of general circulation as required by Section 5-210.E,-Notice of Public Hearings,ECLURs; and WHEREAS, at its public hearing held on May 3, 2022, the Board considered the proposed Minor Type A Subdivision,associated plans,the statements and concerns of the Applicant,the Eagle County Community Development Department,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 the 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: THAT, the application for the Minor Type A Subdivision complies with the standards in ECLUR Section 5-290.G.1 -Standards,as set forth below: 1. Conformance with the Comprehensive Plan. Pursuant to Section 5-290.G.1.a, the proposed Minor Type A Subdivision is in conformance with the policies of the 2005 Eagle County Comprehensive Plan including the goals of General Development, Economic Resource, Infrastructure, and Services. Specifically, as set forth in the staff report,the Minor Type A Subdivision meets a number of the master plan goals, policies, and objectives while adhering to the FLUM designation. Areas of conformance include: growth policies, 1 DocuSign Envelope ID:CF16A8CC-5335-4918-9622-52936D29C603 development, economic resources, economic vision policies, commercial development, and emergency and community services. The proposed Minor Type A Subdivision is in compliance with the 2016 Edwards Area Community Plan. Whereas specific uses are not under review with this application, legalizing the parcel will address and meet the Comprehensive Plan's goals. 2. Conformance with Land Use Regulations. Pursuant to Section 5-290.G.1.b, the proposed Minor Type A Subdivision is in conformance with the Land Use Regulations including the minimum lot size for a parcel within the Commercial-General District. When/if future development occurs on the property, site development will be subject to review in accordance with the Eagle County Land Use Regulations. 3. Spatial Pattern Shall be Efficient. Pursuant to Section 5-290.G.1.c, the proposed Minor Type A Subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies or leapfrogging of development. Development currently exists directly south of the property, across Highway 6. Additionally, a plat note was included by the Applicant confirming that the property cannot be developed without required building permits,and at that time,adequate facilities will be reviewed again. 4. Suitability for Development. Pursuant to Section 5-290.G.1.d, the proposed Minor Type A Subdivision 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. 5. Compatible with Surrounding Uses. Pursuant to Section 5-290.G.1.e, the proposed Minor Type A Subdivision is compatible with existing and currently permissible future uses of adjacent land and other substantially impacted land, services,or infrastructure and will not have an adverse impact on adjacent property owners. Specifically, south of the property, across US Hwy. 6, is a variety of uses including but not limited to, fire and emergency services,medical offices,bank,restaurant,and retail. 6. Improvements Agreement. Pursuant to Section 5-290.G.1.f, a Subdivision Improvements Agreement is not required as part of this file and is therefore not applicable to this application. 7. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.1.g, the proposed Minor Type A Subdivision conforms to the Final Plat parameters and applicable regulations,policies,and guidelines.All technical requirements for the Plat have been met. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT,this application for a Minor Type A Subdivision for the Property is hereby approved. THAT, the Board directs the Department of Community Development to provide a copy of 2 DocuSign Envelope ID:CF16A8CC-5335-4918-9622-52936D29C603 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado,on this 17th day of May ,2022 nunc pro tunc May 3,2022. h``P�oc EA64, oG� COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its �o�oaaoo BOARD OF COUNTY COMMISSIONERS ATTEST:&Oita ocuSigned by: DocuSigned by: DJLr2reo9e44e... CA4AC,28IMAA4TA.. Clerk to the Board Jeanne McQueeney County Commissioners Chair Absent Kathy Chandler-Henry Commissioner —DocuuSig(nne'd'by.: nA " l 'aitfaeu11I U4 s.. Matt Scherr Commissioner Commissioner 2/0 seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Aye Commissioner McQueeney Commissioner Chandler-Henry Absent Commissioner Scherr Aye 3 DocuSign Envelope ID:CF16A8CC-5335-4918-9622-52936D29C603 • EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 5, TOWNSHIP 5 SOUTH,RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, ACCORDING TO THE DEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED ON SEPTEMBER 7, 1977 AND LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY BOUNDARY OF U.S.HIGHWAY NO.6; SAID PARCEL,WITH ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF NORTH 01 DEGREES 50 MINUTES 00 SECONDS EAST FOR THE WEST LINE.OF-'SA.ID SECTION 5,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: y`'' ? J �y BEGINNING AT A POINT FROM WHICH THE SOUTHEAST CORI F SAID SECTION 5 BEARS SOUTH 35 DEGREES 51 MINUTES 40 SECONDS EAST 3312.93 FEET DISTANT; THENCE SOUTH 01 DEGREES 40 MINUTES 54 SECONDS WEST 183.43 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY BOUNDARY OF U.S. HIGHWAY 6; THENCE ALONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING TWO (2) COURSES: 1.) 571.72 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2913.55 FEET, THE CHORD OF WHICH BEARS NORTH 70 DEGREES 57 MINUTES 32 SECONDS WEST 570.80 FEET. 2.) NORTH 76 DEGREES 36 MINUTES 05 SECONDS WEST 77.90 FEET. THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY SOUTH 88 DEGREES 04 MINUTES 09 SECONDS EAST 621.09 FEET ALONG AN EXISTING FENCE LINE TO THE POINT OF BEGINNING. 4