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HomeMy WebLinkAboutR24-021 Approval of the Minor Type A Subdivision for 117 Wolcott Springs Road File No. SMA 009321-2023 DocuSign Envelope ID:67005E85-3332-4ACA-91 B9-7D5FB736592A Eagle County, CO 202403488 Regina O'Brien 04/03/2024 Pgs: 5 09:43:24 AM REC: $0.00 DOC: $0.00 Commissioner Chandler-Henry moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2024- 021 RESOLUTION APPROVING A MINOR TYPE A SUBDIVISION FOR 117 WOLCOTT SPRINGS ROAD EAGLE COUNTY FILE NO. SMA-009321-2023 WHEREAS,on or about December 16, 2022,the County of Eagle, State of Colorado, accepted for filing an application submitted by Stephen Fischer and Paula Denissen(collectively the"Applicant") for the purpose of creating two (2)lots through a Minor Type A Subdivision process(the"Application" or"SMA"), located in the Agricultural Residential (AR)Zone District in the unincorporated area of Eagle County at 117 Wolcott Springs Road((Parcel# 1941-272-00-047), and legally described in Exhibit A (the"Property"); and WHEREAS,the Applicant requested approval of the Application to create two (2) lots,Lot 1A containing 26.244 acres and Lot 2A containing 10.000 acres; and WHEREAS,public notice was posted in a newspaper of general circulation,was posted on the Property, and sent to all adjacent property owners as required by Section 5-210.E—Notice of Public Hearings of the Eagle County Land Use Regulations (the"ECLUR"); and WHEREAS,at its hearing on February 27, 2024,the Board of County Commissioners(the "Board")considered the proposed SMA; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development staff,and 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 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: 1. That proper publication and public notice was provided as required by law for the hearing before the Board. 2. That pursuant to ECLUR 5-290.G.1 -Standards for the review of a Minor Type A Subdivision, all applicable standards have been met as required by the ECLUR as follows: a. Consistent with Comprehensive Plan. The Application IS in substantial conformance with the purposes, intents, goals,and policies of the Eagle County Comprehensive Plan,Area • Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection,affordable housing, or infrastructure management. Specifically, the Application complies with the 2005 Eagle County Comprehensive Plan with respect to Goals 3.2 General Development, 3.2.2 Quality of Life, 3.2.3 Growth, 3.2.4 Development, 3.5.2 Efficient Transportation,and 3.5.3 Emergency and Community Services of the Eagle County Comprehensive Plan by modeling the existing zoning on the Property with an appropriate development pattern of two lots. Additionally,the subdivision is in conformance with the Wolcott Area Community Plan Policy 1.1.1, guiding development to be consistent DocuSign Envelope ID:67005E85-3332-4ACA-91B9-7D5FB736592A with the intent of the plan,Policy 2.1.1 that seeks to preserve/enhance vistas,view corridors, and natural features, Goal 2.3 Wildlife Resources which seeks to preserve the quality of wildlife habitat and the vitality of wildlife populations,Policy 2.5.2, which seeks an adequate and reliable fire fighting water supply and appropriate hazard reduction in areas of moderate, high and extreme wildfire hazard, and Policy 3.3.1,which seeks to fit development to the natural landscape,utilizing flatter areas for buildings and roads by avoidance of ridge tops, steep slopes, drainages and areas of natural hazard. Lastly, as the Property is currently zoned Agricultural Residential,the Comprehensive Plan anticipated the subdivision of parcels into ten-acre lots. b. Consistent with Land Use Regulations. Pursuant to ECLUR 5-290.G.1.b, and with the conditions noted below, the Application COMPLIES with all of the standards of this Section and all other provisions of these Land Use Regulations,including,but not limited to, the applicable standards of Article 3,Zone Districts, and Article 4, Site Development Standards. c. Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a leapfrog pattern of development. (1) Utility and Road Extensions. There are no proposed utility or road extensions. (2) Service Ultimate Population. Utility lines ARE currently sized to serve the planned ultimate population of the service area in order to both avoid future land disruption,and the necessity of upgrading undersized lines. d. Suitability for Development. The Property proposed to be subdivided 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. e. Compatible with Surrounding Uses. The proposed subdivision IS generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land,services or infrastructure improvements. f. Improvements Agreements. This subdivision DOES NOT require any Improvements Agreements. g. Conformance with Final Plat Requirements. This subdivision DOES conform with the Final Plat requirements and other applicable regulations,policies,standards,and guidelines. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: • THAT the Minor Type A Subdivision Application, located in the Agricultural Residential Zone District on the Property located in the unincorporated area of Eagle County described herein,be approved,with the following conditions: DocuSign Envelope ID:67005E85-3332-4ACA-91 B9-7D5FB736592A MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the.1st. day of Apri 1 ,2024,nunc pro tunc to the 27th day of February,2024. L"J9 DocuSigned by: 43,,,,v.Q-, COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its DocuSigned by: BOARD OF COUNTY COMMISSIONERS vv• --,, Littzdt Signed by: AA ATTEST: roDc2rz4coo� auxr o.. By: SClerk to the Board of MattB2D718E0473... County Commissioners Chair Jeanne McQueeney Commissioner DocuSigned by: rI ''AA ,416,_" 8,„wrrcee44o3... Kathy Chandler-Henry Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Absent Commissioner Chandler-Henry Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 1 DocuSign Envelope ID:67005E85-3332-4ACA-91B9-7D5FB736592A 1. The Applicant shall install-a distribution box on the existing Onsite Wastewater Treatment System for new Lot IA to serve the existing single family residence within six (6)months of the recordation of the Subdivision Minor Type A plat. 2. The Applicant shall obtain approval for the Variation from Improvement Standards(File No. 009366-2023) from the Board of County Commissioners prior to obtaining approval for the Subdivision Minor Type A application(File No. 009321-2023). 3. 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 Planning Division to provide a copy of 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. [Remainder of page left intentionally blank] DocuSign Envelope ID:67005E85-3332-4ACA-91 B9-7D5FB736592A Exhibit A-Legal Description A PARCEL OF LAND HEREBY DESIGNATED AS TRACT A-1, LOCATED WITHIN TWO PRIVATE PARCELS OF LAND DESCRIBED AS PARCEL "A" AND PARCEL"B" IN BOOK 509 AT PAGE 999 OF THE EAGLE COUNTY RECORDS, IN SECTION 27, TOWNSHIP 4 SOUTH, RANGE 83 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF EAGLE, STATE OF COLORADO, SAID TRACT A-1 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT A-1 FROM WHICH AN EXISTING BRASS CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 27 BEARS NORTH 78 DEGREES 06 MINUTES 36 SECONDS EAST 2857.03 FEET DISTANT WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF SOUTH 88 DEGREES 55 MINUTES 51 SECONDS EAST BETWEEN A REBAR AND ALUMINUM CAP WITH LS#14109 MARKING THE NORTHEAST CORNER OF TRACT 21 AND A SIMILAR MONUMENT MARKING THE SOUTHEAST CORNER OF TRACT 17 AS DESCRIBED IN BOOK 509 AT PAGE 999 OF THE EAGLE COUNTY RECORDS,THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 1059.50 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL "B"; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING FIVE COURSES: 1.NORTH 73 DEGREES 04 MINUTES 20 SECONDS WEST 39.87 FEET 2. 143.42 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 215.99 FEET AND A CENTRAL ANGLE OF 38 DEGREES 02 MINUTES 40 SECONDS,THE CHORD OF WHICH BEARS SOUTH 87 DEGREES 54 MINUTES 20 SECONDS WEST 140.80 FEET DISTANT 3. SOUTH 68 DEGREES 53 MINUTES 00 SECONDS WEST 102.00 FEET 4. 123.47 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 213.78 FEET AND A CENTRAL ANGLE OF 33 DEGREES 05 MINUTES 30 SECONDS, THE CHORD OF WHICH BEARS SOUTH 85 DEGREES 25 MINUTES 45 SECONDS WEST 121.76 FEET DISTANT 5.NORTH 78 DEGREES 01 MINUTES 30 MINUTES WEST 74.81 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A": THENCE ALONG THE BOUNDARY OF SAID PARCEL "A" THE FOLLOWING EIGHT COURSES: 1. 404.60 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 961.59 FEET AND A CENTRAL ANGLE OF 24 DEGREES 06 MINUTES 30 SECONDS,THE CHORD OF WHICH BEARS SOUTH 89 DEGREES 55 MINUTES 15 SECONDS WEST 401.63 FEET DISTANT 2. SOUTH 77 DEGREES 52 MINUTES 00 SECONDS WEST 189.31 FEET 3. 239.48 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 333.10 FEET AND A CENTRAL ANGLE OF 41 DEGREES 11 MINUTES 30 SECONDS,THE CHORD OF WHICH BEARS NORTH 81 DEGREES 32 MINUTES 15 SECONDS WEST 234.35 FEET DISTANT 4. NORTH 60 DEGREES 56 MINUTES 30 MINUTES WEST 170.21 FEET 5. NORTH 16 DEGREES 43 MINUTES 28 MINUTES WEST 292.55 FEET 6. 459.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 666.04 FEET AND A CENTRAL ANGLE OF 39 DEGREES 30 MINUTES 50 SECONDS, THE CHORD OF WHICH BEARS NORTH 03 DEGREES 01 MINUTES 57 SECONDS EAST 450.28 FEET DISTANT 7. NORTH 22 DEGREES 47 MINUTES 22 SECONDS EAST 153.85 FEET 8. 142.50 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 823.04 FEET AND A CENTRAL ANGLE OF 09 DEGREES 55 MINUTES 11 SECONDS, THE CHORD OF WHICH BEARS NORTH 17 DEGREES 49 MINUTES 46 SECONDS EAST 142.32 FEET DISTANT THENCE DEPARTING SAID PARCEL "A"BOUNDARY NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 1393.05 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO, CONTAINING 36.244 ACRES MORE OR LESS; OTHERWISE KNOWN AS 117 WOLCOTT SPRINGS ROAD