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HomeMy WebLinkAboutR24-013 Special Use Permit for Schofield Residence ADU File No. ZS 009378-2023 DocuSign Envelope ID:818A27F4-0CE4-44C9-9F24-1 F712093566A Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024- 013 APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR SCHOFIELD RESIDENCE ACCESSORY DWELLING UNIT EAGLE COUNTY FILE NO. ZS-009378-2023 WHEREAS, on or about July 31, 2023, the County of Eagle, State of Colorado, accepted for filing Eagle County File No. ZS-009378-2023 (the"Application"), submitted by the Levi Schofield Trust(the"Owner/Applicant"); and WHEREAS, the Application requests a Consolidated Special Use Permit("SUP") for 8430 Colorado River Road in the Gypsum area, Parcel No. 1935-034-01-001, (the"Property") to allow for the construction of an Accessory Dwelling Unit("ADU"); and WHEREAS,the Property is zoned Resource (R) and is 15.44 acres size and is more particularly described as set forth in Exhibit A -Legal Description; and WHEREAS, table 3-300 and section 3-310.A.3 of the Eagle County Land Use Regulations (the "ECLUR") permit an ADU of up to 1,800 square feet as a use by right on parcels that are 35 acres or greater within the Resource (R) zone district; and WHEREAS, sections 6-120.A.2 and 3-310.A.3 of the ECLUR permit an ADU of up to 1,800 square feet through a SUP on parcels of less than 35 acres within the Resource (R) zone district; and WHEREAS,because the Property is a legal, nonconforming parcel that is less than 35 acres, an SUP pursuant to ECLUR section 5-250 is the appropriate mechanism to permit an ADU on the Property; and WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings, notice of the Application 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 meetings for consideration of the application by the Eagle County Planning Commission(the"ECPC")no less that fourteen calendar days to the hearing; and notice was posted at the Property; and notice in the newspaper was published on September 28, 2023; and WHEREAS, at a public meeting held on October 18, 2023, the ECPC unanimously recommended approval with conditions to the Board of County Commissioners for the County of Eagle, State of Colorado (the"Board"); and 1 of 5 Eagle County, CO 202401707 Regina O'Brien 02/20/2024 Pgs: 5 01:38:02 PM REC: $0.00 DOC: $0.00 DocuSign Envelope ID:818A27F4-0CE4-44C9-9F24-1F712093566A WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings, notice of the Application 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 meetings for consideration of the application by the Board no less that fourteen calendar days to the hearing; and notice was posted at the Property; and notice in the newspaper was published on November 16, 2023; and WHEREAS, at a public meeting held on December 4, 2023, the Board considered the Application, the associated plans, documents, and studies; the statements and concerns of the Applicant; the statements of Eagle County Community Development and Engineering staff; the recommendation of the ECPC; and the statements of other interested persons, including the members of the public; 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 Planning Department, Eagle County Engineering Department,public officials and agencies,the recommendations of the ECPC, and comments from all interested parties, the Board approved the Application by a vote of 3-0 and further finds the following: THAT,the Application complies with the requirements and standards set forth in ECLUR Section 5-250.B -Standards, with conditions, as set forth below: 1. Consistent with Comprehensive Plan. This Application is in substantial conformance with numerous aspects of the Eagle County Comprehensive Plan as required by ECLUR 5-250.B.1, including the careful monitoring of development through the SUP process; the desire to preserve vestiges of the County's western heritage with the caretaker residing in the ADU maintaining the agriculture on the parcel; providing for housing; the allowance of ADUs within appropriate zone districts; and conforms to the Rural land designation of the Future Land Use Map.. 2. Compatibility. The proposed ADU is compatible with and similar to both existing and permissible uses on adjacent land, services, and infrastructure as outlined in ECLUR 5- 250.B.2 because the Property is surrounded by properties zoned for ADU uses through various review processes and because the proposed ADU is sufficiently spaced from adjacent properties. 3. Zone District Standards. The proposed ADU is in compliance with applicable Resource Zone District standards as required by ECLUR 5-250.B.3 and the standards of Section 3- 310.A-Accessory Dwelling Units containing specific standards for ADU's in the Resource (R) Zone District. The proposed ADU will not exceed the maximum 1,800 square foot requirement and meet all Dimensional Limitations. The proposed ADU will not be sold separately or condominiumized. Parking Standards have been met along with Location and Ownership standards identified in ECLUR section 3-310.A. 2of5 DocuSign Envelope ID:818A27F4-0CE4-44C9-9F24-1 F712093566A 4. Design Minimizes Adverse Impact. The proposed ADU reasonably avoids adverse impacts to adjacent properties as the ADU is internal to a home that has previously been approved in a building permit and will not create any adverse visual, traffic/parking, or nuisance issues as required by ECLUR 5-250.B.4. 5. Design Minimizes Environmental Impact. The proposed ADU minimizes any environmental impact as the ADU is internal to a recently approved single family residence and will not cause deterioration of water and air resources, wildlife habitat, scenic resources, natural resources as required by ECLUR 5-250.B.5. 6. Impact on Public Facilities. The proposed ADU will be adequately served by necessary facilities and services including roads, water and sewer,police, and fire protection. The ADU will have access off the adjacent major arterial road. Water and sewer are provided onsite and the police and fire protection will continue to serve the property. The proposed ADU will comply with the Site Development 7. Site Development Standards. p p p y Standards of Article 4, ECLUR. Required parking for the ADU is provided. A landscape and illumination plan is not required. No signs are proposed. Commercial Standards are not applicable. Improvement standards will be met per the submitted Site Plan and Transportation Impact Fees are not required. 8. Other Provisions. This standard is met as it is not applicable. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,this Application for a Consolidated Special Use Permit is hereby approved, subject to the following conditions agreed to by the Applicant, and that violation of any condition shall be the basis for revocation of this approval pursuant to the ECLUR: 1. The Applicant shall obtain a court decree adjudicating water rights for the proposed ADU prior to issuance of a Certificate of Occupancy for the ADU. 2. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. THAT,the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and 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. [Remainder of page left intentionally blank] 3 of 5 DocuSign Envelope ID:818A27F4-0CE4-44C9-9F24-1F712093566A MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 20th day of February, 2024, nunc pro tunc December 4, 2023. DocuSigned by: te,6(GA � . COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: DocuSigned by: CietlaAA, olibriu,A, re 24 eese44o ... By: 1 7B D718ce479... Clerk to the Boareed Matt8Scherr Chair DocuSigned by: CA4AC1201-0AA47A. Jeanne McQueeney Commissioner DocuSigned by: 6441 1 v(I — fittArli Kathy CIiand'1er-Henry Commissioner Commissioner chandler-Henry seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4 of 5 DocuSign Envelope ID:818A27F4-0CE4-44C9-9F24-1 F712093566A Exhibit A-Legal Description LOT Cl, WOLTER AND ELLARD EXEMPTION PLAT, COUNTY OF EAGLE, STATE OF COLORADO. 5 of 5