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Home My WebLink AboutR24-044 Special Use Permit - Eagle River Presbyterian Pastor Housing ZS 009383-2023 Docusign Envelope ID:5E9313B5-0343-45E7-8CCO-23633BB 1 C2BC Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024- 044 APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR EAGLE RIVER PRESBYTERIAN-PASTOR HOUSING EAGLE COUNTY FILE NO. ZS-009383-2023 WHEREAS, on or about August 15, 2023, the County of Eagle, State of Colorado, accepted for filing Eagle County File No. ZS-009383-2023 (the "Application"), submitted by the Eagle River Presbyterian Church(the "Applicant"); and WHEREAS, the Application requests a Consolidated Special Use Permit("SUP") for 545 Nottingham Ranch Road in the Avon area, Parcel No. 2103-074-07-006, (the"Property")to allow for the construction of a dwelling unit; and WHEREAS, the Property, owned by the Presbyterian Church of Minturn, is within the McGrady Acres Planned Unit Development (PUD) zone district and is 1.440 acres in size and is more particularly described as set forth in Exhibit A-Legal Description; and WHEREAS, Section 10(e)(ii)(2)(a) of the PUD Guide the McGrady Acres PUD Guide allows for the proposed dwelling unit through the SUP process, subject to standards as outlined in Eagle County Land Use Code (the "ECLUR") Section 5-250.B; 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 March 14, 2024; and WHEREAS, at a public meeting held on April 3, 2024, the ECPC unanimously recommended approval of the Application with conditions to the Board of County Commissioners for the County of Eagle, State of Colorado (the"Board"); 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 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 April 18, 2024; and 1 of 5 Docusign Envelope ID:5E9313B5-0343-45E7-8CCO-23633BB1C2BC WHEREAS, at a public meeting held on May 7, 2024, 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 2-0 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. Pursuant to ECLUR Section 5-250.B.1, the Application is in substantial conformance with numerous aspects of the Eagle County Comprehensive Plan, including the careful monitoring of development through the SUP review process; providing for needed housing; and supporting efforts by employers to address their own housing needs; and the Application conforms to the designation of Existing Approved Development of the Future Land Use Map. 2. Compatibility. Pursuant to ECLUR Section 5-250.B.2, the Application is compatible with the existing and permissible future uses of adjacent land, including a church, golf course, a proposed church staff housing unit(which is a use by right on the Property), river corridor, and railway. Existing services and infrastructure are located adjacent to and are available to the Property. 3. Zone District Standards. Pursuant to ECLUR Section 5-250.B.3, the PUD zoning and the Property's Plat include standards for height, setbacks, roof materials, and building walls that are all adhered to in this Application. There are no additional standards identified in Section 3-310 for the specific use or the Application. Stream Setbacks and Water Resource Protection are maintained by the SUP. 4. Design Minimizes Adverse Impact. Pursuant to ECLUR Section 5-250.B.4,the Application is not expected to create any more noise, odor, glare, or other nuisances than is expected for a residential home, which is generally considered a low impact use, on any given property. The Application complies with the PUD Guide, ECLUR Division 4- 1 -Parking and Loading Standards and ECLUR 5-250.B.7 -Site Development Standards. The size of the Property and separation from uses on adjacent properties provides for additional diminutization of impacts. S. Design Minimizes Environmental Impact. Pursuant to ECLUR Section 5-250.B.5, the Application does not deteriorate water and air resources, wildlife habitat, scenic 2 of 5 Docusign Envelope ID:5E9313B5-0343-45E7-8CCO-23633BB1C2BC resources, or other natural resources beyond that which is expected of a residential single family dwelling. 6. Impact on Public Facilities. Pursuant to ECLUR Section 5-250.B.6, the Application, as conditioned and with the approved variation, is adequately served by necessary facilities and services including roads, water and sewer, police, and fire protection. A small "Y" turnaround is proposed that does not meet the International Fire Code Appendix D or ECLUR Section 4-620.D.11 - Vehicle Turnarounds. Based upon Section 5-250.D -Basis for Granting Variations, the Board hereby finds that approval of the variation. will allow the Applicant to Obtain Desired Design Qualities and to Avoid Natural Resources and Natural Hazards. The variation permits the integration of residential uses on the site, promotes more efficient land use patterns and increased open space, minimizes site disturbance, and properly allocates space on the limited site. The granting of the variations is necessary for those purposes to be achieved. The Board therefore approves the variance request for the SUP. Additionally, Condition#1, which requires a fire suppression system for all habitable space, will ensure the Application is adequately served by fire protection services. 7. Site Development Standards. Pursuant to ECLUR Section 5-250.B.7, the Application as conditioned and with the approved variation, complies with the Site Development Standards of Article 4, ECLUR. Required parking is provided. The landscape plan meets standards and evidence of compliance with illumination standards is required to receive a building permit. No signs are proposed. Commercial Standards are not applicable. Improvement standards are met per the submitted site plan, except for the approved variation and condition#1 required to meet ECLUR Section 4-620.D.11 - Vehicle Turnarounds. Transportation Impact Fees will be assessed and paid at the time of building permit issuance. 8. Other Provisions. Pursuant to ECLUR Section 5-250.B.8, no other provisions of the ECLUR for use, layout, and general development characteristics in addition to those already referenced and/or addressed have been found applicable to this Application and the 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. A Fire Suppression Sprinkler System shall be provided for all habitable spaces on Lot 12 of the McGrady Acres PUD. 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. 3 of 5 Docusign Envelope ID:5E9313B5-0343-45E7-8CCO-23633BB1C2BC 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. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 16th day of July , 2024, nunc pro tunc May 7, 2024. c— DocuSigned by: 43 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its �aoa�e° BOARD OF COUNTY COMMISSIONERS ATTEST: (--DocuSigned by: \ DocuSigned by: —.gD62F216896140... By: ClE7D2D710E0473.. Clerk to the Board Matt Scherr Chair DocuSigned by: CA4AC120r0401,47A... Jeanne McQueeney Commissioner Absent 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 Ave Commissioner Chandler-Henry Absent This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4 of 5