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HomeMy WebLinkAboutMinutes 08/11/2022 SPECIAL MEETING August 11, 2022 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry 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. Minor Type A Subdivision, SMA 9163-2021, Grandy Subdivision David McWilliams, Community Development Project Name: Minor Type A Subdivision, Grandy File No.: SMA-9163-2021 Location: TBD Castle Drive,Parcel#2467-013-00-001 Owner: Christina Grandy Applicant: Christina Grandy Representative: Doug Pratt, The Land Studio Staff Planner: TJ Dlubac,AICP Contracted County Planner Staff Engineer: Julie Pranger, PE, CFM, Staff Engineer County Attorney: Matt Peterson,Assistant County Attorney I.Executive Summary The applicant requests approval of a Minor Type A Subdivision(the"Subdivision") for a 20.63 acre property located at Parcel#2467-013-00-001 (the"Property"),just north of Frying Pan Road in the Basalt area. The parcel is zoned Resource(R)District and will continue to remain the same zoning. The Property was created via deed on December 27, 1976. This deed is recorded with the Eagle County Clerk and Recorder at Reception#148880. The lot was not subdivided per the Eagle County Subdivision Regulations in effect at the time and therefore the property is not a legal lot of record. Per the Eagle County Land Use Regulations 1-140.C.1.d,the County cannot issue any development or building permits on the Property because of the illegal status of the lot. The Owner is not proposing any development at this time and seeks to legalize the Property through this Minor A Subdivision to allow for future development(the"Application'). IL Background The Property was created via deed on December 27, 1976. This deed is recorded with the Eagle County Clerk and Recorder at Reception#148880. The lot was not subdivided per the Eagle County Subdivision Regulations in effect at the time and therefore the property is not a legal lot of record; it is also nonconforming because it does not meet the 35 acre minimum lot size requirement for the Resource(R)zone district(ECLUR Table 3-340). The Owner seeks to legalize the Property with the intent of selling the lot as a buildable lot for a single-family home. Currently the County cannot issue any development or building permits on the Property because of the illegal status of the lot. Should this Application be approved, future development on the lot will be governed by Article 6 of the Eagle County Land Use Regulations since the Applicant seeks to establish a legal but nonconforming lot. The mechanism for legalizing the lot is a Minor Type A Subdivision.A Subdivision Exemption(SE)process was taken under consideration by the Community Development Director and the County's legal team. However, staff determined that the Property was not eligible for a SE because the lot was created after the May 5, 1972 cut-off date that allows 1 08/11/2022 illegal lots to be subdivided through the exemption process (ECLUR Section 5-270.A.1.c.). Therefore, a Minor Type A Subdivision is appropriate. Doug Pratt,with the Land Studio who was representing the applicant, stated that the applicant had withdrawn the rezoning application and was just looking at a Type A Minor Subdivision at this time. He stated that the applicant supported staff's findings and recommendation of approval. He believed that Mr. McWilliams' presentation was thorough. He had nothing to add but was open to questions. David McWilliams, Eagle County staff planner, stated that the request was to plat an existing 20.63 acre parcel created by a deed in 1976. Future uses on the site required to comply with the standards for the Resource District and building permits would be required for future development. The property was a couple of miles up the Frying Pan River from Basalt and was zoned Resource in a neighborhood of Resource zoned properties. The application was referred to 39 referral agencies,and most of the comments expressed no concerns with the proposal. Other referral comments had been satisfied with a series of plat notes and would be addressed during the building review process. One condition was suggested with regards to a US Fish&Wildlife Service comment. Staff recommended approval of the application based on the conformance with the review criteria. Matt Peterson. Assistant Eagle County Attorney,noted that the notice provided for this application indicated that the hearing would be held at the El Jebel building in the Roaring Fork Valley however, due to a scheduling conflict the hearing had to be held in Eagle. Planning Director Bill Gibson was present during the hearing to provide any members of the public who appeared the opportunity to participate in the process. As such, by providing the opportunity to appear in El Jebel and participate virtually,the notice requirements for this meeting were met. Mr. Gibson noted that no one had shown up in the room in El Jebel. Chairman McQueeney opened and closed public comment. As there was none. Commissioner Chandler-Henry asked if there had been any public comment received by neighbors. Mr. David stated that there had been no comments received. Commissioner Chandler-Henry asked about the Fish&Wildlife concerns regarding habitat and if they were due to the bald eagle nest on the property. Mr. Pratt stated that when the project was referred to Colorado Parks&Wildlife there was an eagle's nest identified on the property and nest setbacks could range from.5 mile to one mile for development. The response was that at the time of building permit application, any applicant would have to work with US Fish&Wildlife. Chairman McQueeney stated that she didn't have any additional comments. Mr. Pratt stated that he supported staff's opinion but clarified that there were some agricultural uses that were some uses-by-right. There was a barn on the property and agricultural uses on site. Commissioner Chandler-Henry stated that there were a wide number of uses allowed under the Resource zoning. She concurred that all the standards were met with the exception of standard six(6)which was not applicable. Chairman McQueeney concurred with staff's findings. Commissioner Chandler-Henry moved to approve file no. SMA 9163-2021, incorporating staff's findings, as the application met the standards for approval of a Minor Type A Subdivision with one condition. Chairman McQueeney seconded the motion. Of the two voting commissioners,the vote was unanimous. 0E EAG(E. c, CMG There being no further busing.s • i. ,ard,the meeting was adjourned until August 15,2022. c'o 49RAOO eOutii--t-j Attes . Clerk to the Board Chairm n 2 08/11/2022