No preview available
HomeMy WebLinkAboutMinutes 06/27/2022 PUBLIC HEARING June 27, 2022 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Matt Peterson Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Planning File - Eagle County Room 1. SMA-9154-2021 77 Bellyache Ridge Minor A Subdivision Kris Valdez, Contracted Planner for Eagle County Community Development Executive Summary: The applicant requests approval of a Minor Type A Subdivision for an 8.45-acre property located at 77 Bellyache Ridge Rd,parcel number 194115400023,just north of Interstate 70 and on the East side of Bellyache Ridge Road. Location: 77 Bellyache Ridge,Wolcott Owner: Mervyn Lapin Revocable Trust Applicant: Mervyn Lapin Representative: Scot Hunn,AICP, Hunn Policy&Planning Staff Planner: Kris Valdez,AICP, Consulting Planner Staff Engineer:Nicole Mosby, CFM, PE, County Attorney: Matt Peterson,Assistant County Attorney The Applicant is not proposing development at this time,but a Minor Type A subdivision approval is required because the lot was created by deed, on July 19, 1989 between George P. Jouflas and Henry C. Hall Jr.,which did not follow the legal subdivision requirements. The Applicant or any future property owner must have a legal lot to proceed with any development proposal in the future. In 1988,the Property wasp rezoned from Resource("R")to CL. The Property was then purchased by the applicant on December 08, 1992 and included in the PUD approved in 2013. The PUD was approved through files PDP-3830 and ZC-3881. Within the PUD,the Property was included in two Planning Areas("PA"), 17A and 32,which allowed commercial development up to 5,000 sq. ft. on PA 17A and"Commercial Parking"on PA 32. Following the approval of the PUD in 2013, the Property and the area in general has experienced minimal to no change.The Eagle County Board of County Commissioners (the"BoCC")approved the zone change from PUD back to Commercial Limited on February 16,2021. Eagle County then received this Application for review on March 25, 2021. Kris Valdez, Contracted Planner for Eagle County Government,introduced Scot Hunn with Hunn Policy& Planning and Eric Eves,representative for the property owner. The application would legalize a parcel in the Wolcott area. Staff had not received any public comment nor any written letters. Mr. Hunn stated that he did not have a presentation but would be happy to answer any questions. The process concerning this property began 2 1/2 years ago. The parcel was created illegally in 1988, and this process was the final step to getting the plat corrected. 1 06/27/2022 Commissioner Chandler-Henry asked Mr. Hunn to explain what was meant by the parcel was created illegally. Mr. Hunn stated that people used to deed off portions of property that typically did not adhere to a minimum lot size of the zone district,did not follow a subdivision process, or both. Ms.Valdez stated that the application was received in March of 2021. Based on referral comments,the process took a little longer than normal. Staff reached out to 36 external referral agencies, and public comment had been open since August of 2021. She had not received any public comment. The property was zoned Commercial Limited surrounded by Planned Unit Development. The property had direct access from Hwy 31. It had a commercial well permit for water, so should a developer want to do residential work,the developer would be required to get a new well permit. The parcel was created by a deed in 1989, and the applicant needed to legalize the parcel to apply for any development permits. There were seven standards of approval for a Minor Subdivision. She reviewed each one of the standards and indicated that the application was in conformance with the standards. Based on a thorough analysis of the materials as presented, staff found that all standards of approval were met. Staff recommended approval of File No. SMA-9154-2021 based upon findings that the proposed Minor A Subdivision met applicable standards of approval as outlined in the ECLUR. Commissioner Chandler-Henry asked about the sort of development that would be allowed by uses by right on this commercial property. Ms. Valdez stated that schools,medical facilities,childcare, libraries,restaurants,hardware stores, gas stations, auto repair shops,and things like that would be allowed. Commissioner Scherr asked about the negotiations with Colorado Parks and Wildlife(CWP). Ms.Valdez stated that prior to or concurrent with any development permit application,the landowner would be required to work with CPW to establish the need for a location and dimensions of a wildlife movement corridor on or over portions of the property which amounted to a wildlife mitigation plan. This was inline with the comprehensive plan to preserve critical wildlife habitat. The correspondence with CPW was included in the referral packet. Chairman McQueeney wondered if there were other lot lines that needed to be legalized. Ms.Valdez stated that she was unsure about the legality of the adjacent properties. Mr. Peterson stated that it would depend on what the state of the adjacent properties were. Chairman McQueeney opened and closed public comment, as there was none. Commissioner Scherr found the file to be straightforward and met all the standards. He agreed with the staff findings. Commissioner Chandler-Henry concurred and believed it met all the standards. She appreciated the applicant's work to correct the matter. Chairman McQueeney appreciated staff's detailed review of the application. Commissioner Chandler-Henry moved to approve File No. SMA 9154-2021, incorporating staff's findings, as the application met the standards for approval of a Minor A Subdivision. Commissioner Scherr seconded the motion. The vote was declared unanimous. SEAL OFe There being no further busine: , - t ard,the meeting was adjourned until July 7,2022. ro -i-- Attest: J' 0- .,„.,..,„e ler o the Board Chairman 2 06/27/2022