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HomeMy WebLinkAboutMinutes 06/03/2024 PUBLIC HEARING June 3, 2024 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner 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: Site Visit - El Jebel 1. Site Visit for ZS-009342-2023 Lava Drive Mobile Home Park- Special Use Permit Troy Hangen, Community Development Executive Summary: Site visit for Planning File No. ZS-009342-2023 Lava Drive Mobile Home Park-Special Use Permit- at 223 Lava Drive (Parcel 2465-031-27-002)in El Jebel. The site visit is intended for orientation purposes only and is open to the public. However,members of the public should refrain from asking questions concerning the merits of the application,reserving comments for the public hearing. This site visit is intended to familiarize the Board of County Commissioners with the Property in anticipation of the public hearing. Planning File - Mt. Sopris Room 1. ZS-009342-2023 Lava Drive Mobile Home Park Troy Hangen, Community Development Executive Summary: Request for approval for a Special Use Permit for the installation of five new for sale mobile homes. On or about April 12, 2023,Eagle County received an application for a Consolidated Special Use Permit("SUP") from Williams 2004,LLC(the"Applicant") for the installation of five new for sale mobile homes(the "Application"). The Applicant intends to retain ownership of the underlying land, located at 223 Lava Drive in the El Jebel area and identified as parcel#2465-031-27-002 (the"Property"), and lease pad sites to each individual mobile home owner. The Property is approximately 1.19 acres in size and is located within the Residential Suburban Medium Density(RSM)zone district. The Property is accessed from Lava Drive. Project Name: Lava Drive Mobile Home Park File No.: ZS-009342-2023 Location: 223 Lava Drive,El Jebel area(Parcel#2465-031-27-002) Owner: Williams 2004 LLC Representative: Grafton Smith-Grafton Planning Staff Planner: Troy Hangen, Senior Planner The Property was legally created through the McCauley-Williams Subdivision Exemption(recorded at reception number 201905062 in the Office of the Eagle County Clerk and Recorder). The Property previously had a residence,but the structure was lost in the Lake Christine Fire in 2018 and is now vacant. 1 06/03/2024 Troy Hangen, Eagle County Staff planner, stated that the applicant requested a Special Event Permit to allow for a five-dwelling mobile home park. Grafton Smith,with Grafton Planning,thanked the board for the site visit and appreciated staff's hard work. He introduced the applicant, Quent Williams who stated that his mother purchased the parcel in 1984. A single-family dwelling was built on the parcel and was destroyed by fire in the Lake Christine Fire. Mr. Williams was very experienced in the development,maintenance, and management of mobile home parks. Mr. Williams lived about a mile from the property, so he would be involved in the project. The project had been reviewed by a lot of eyes, and there had been three successful reviews by Planning&Zoning. There had been some public comments regarding the increase in density represented by the project but the project only represented a 1.7 increase in density relative to the 300 El Jebel mobile home park. All the utilities on site would be underground and the project would improve Lave Drive appropriately. Regarding Lave Drive access, the granting of the variations requested would allow the increase in spacing between units. The project addressed the need for moderate-priced housing,and the project proposed to resident occupy deed-restrict both of the single-wide mobile homes in the park. Regarding energy efficiency,the applicant would restrict the use of gas stoves and appliances, however, a decision had not been made regarding gas furnaces. Mr. Hangen stated that the applicant wished to install five new for-sale mobile homes on the property, requiring a special use permit in accordance with the ECLUR(Eagle County Land Use Regulations). The applicant intended to retain ownership of the land and lease the pad sites to each mobile home owner. Staff recommended approval with the conditions of the application as it met the standards in ECLUR. He reviewed the zoning map and indicated that the proposed subdivision was a residential suburban medium-density zone. He showed an aerial of the existing conditions of the property,the proposed site plan, and the proposed landscaping plan. Public notice was provided per the land use regulations; 33 agencies received the file and had 14 days to respond. Seven responded with comments. He reviewed the agency responses as presented in the PowerPoint. He reviewed the standards and indicated that the proposed special use needed to be in substantial conformance with 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. Based on staff's review, the application also met the Zone District Standards per Table 3-340 of the ECLUR. The applicant was requesting variations from Driveway, Design, and Affordable Housing Standards as outlined in the staff report. Rickie Davies,Eagle County Staff Engineer, explained that the current road leading to the parcel was a suburban residential road. The driveway that served two single-family homes needed to be reclassified as a roadway because it would be serving more than three units. He reviewed the roadway standards and the variation requests. There would be no improvements from El Jebel Road to the subject parcel,but there would be significant improvements made on the subject parcel. Matt Peterson,Assistant County Attorney stated that the proposed improvements being made would only be on the subject parcel. Commissioner McQueeney asked about the road improvements to the road after the fire. Mr. Davies stated that road improvements were not required for those wanting to rebuild after the fire to account for additional traffic. Mr. Hangen explained the basis for granting variations. Based on staff's findings, staff recommended approval of the application for Lava Drive Mobile Home Park with conditions. He reviewed each of the conditions of approval as presented in the staff report. Commissioner Chandler-Henry asked about the road maintenance. Mr. Davies stated that from El Jebel Road to the subject parcel there was a road maintenance agreement in place. If road improvements were made,the subject parcel would pay their proportionate share of the improvements. Commissioner Chandler-Henry asked about exterior storage space. Mr. Hangen stated that storage was not a topic of discussion in the standards. Commissioner Chandler-Henry asked who would be purchasing the mobile homes. Mr. Williams stated that he would be purchasing the homes and selling them individually. Chairman Scherr asked about the possibility of gas going to the units. 2 06/03/2024 Mr. Smith stated that there was gas going to the property so each one of the units could be plumbed for gas if the decision was made to install gas furnaces. Chairman Scherr stated that he was struggling with the design qualities variance. Mr. Hangen stated that it went back to the dimensional and desirable design quality. Chairman Scherr asked about the density calculation. Mr. Hangen stated that the mobile home park north of the site was about 5.5 dwelling units per acre. This one was about 5.29 dwelling units per acre. Commissioner McQueeney found that the mobile home park to the north was laid out more in line with topography,and this one being proposed was laid out in a grid pattern. This was where it felt very different to her in terms of density. Chairman Scherr asked about the fire mitigation measures. Mr. Hangen stated that the landscape plan was in line with this type of construction and development. Chairman Scherr asked about the dust mitigation during construction. Mr. Smith stated that the applicant would be responsible for dust mitigation during the construction and would be proactive after construction. Mr. Peterson stated that this was a representation that had been made and the county would enforce it,as such a condition was not necessary. Commissioner Chandler-Henry asked if staff could talk about the fire and emergency services turnaround. Mr. Hangen stated that Brooke Stott with the Roaring Fork Fire signed off on the design. Chairman Scherr asked about the maintenance agreement and if it was relative to the county's standards. Mr. Peterson noted that there were several parties to this agreement, so if someone was not performing their obligations under the maintenance agreement,there would be a private cause of action to address the matter. Chairman Scherr asked about the concerns for power lines and the condition of the road. Brooke Stott,Deputy Fire Marshal with Roaring Fork Fire Rescue, spoke. She supported underground power lines. With regards to the road surface,they did not require asphalt. She was comfortable with this number of homes, as long as the road was maintained and would not deter their response. Chairman Scherr opened public comment. Bill McCauley, former adjacent property owner, spoke. He stated that the roadway was a deeded right of way. After the Lake Christine Fire,they tried to get approval to rebuild on their property. It took some to finally get approval. He spoke about the current road conditions and expressed concerns about the width of the road during an emergency. He would like to see a single-home residence built on the property and believed that five homes were too many. He believed the concentration of traffic was a bit much. If he mirrored the existing trailer park,three to an acre,he had no complaints. Adele Hubbell stated that she wrote a letter and submitted it to the commissioners. She had a natural barrier between her home and Shadowrock and Lava between her home and the mobile homes below her. There was no natural barrier between her house and what was proposed. She would not object to three homes on the lot that mirrored the properties to the north. Jeff Tankersley, owner of 227 Lava Drive(former McCauley property), spoke. He had concerns with the inadequate roadway and the spacing between the units. His biggest concern was the stewardship of the property and maintenance of the road. He wondered about if there would be limits to the number of tenants,pets, and vehicles. He believed the neighborhood was tranquil and could be ruined. All of the adjacent property owners were opposed to the application. He also asked about the covenants. Joanie Haggerty stated that her main concern was with the density. She believed the density had to come with restrictions for cars,people, lights, and noise. The highway traffic was getting worse, and Lava Dr.was not safe. Chairman Scherr closed public comment. 3 06/03/2024 Mr. Smith stated that there were two 8ft. lanes and a 2ft. curb and gutter. There was a 30 ft. wide easement the entire length of the roadway which was adequate for a 20 ft. road. Concerning the density,under the code,they could apply for six units. The variation would allow them to increase the spacing between the units by an additional 10%. The covenants attached to the application included a maintenance plan that specified responsibility for upkeep and maintenance. Chairman Scherr asked if the design standards applied to the road because it was a private road. Mr. Davies stated that the driveway became classified as a road because of the number of units. The net increase in traffic on the road was 26.16 vehicle trips per day. Mr. Peterson stated that the decision to place covenants on the property was the decision of the private property owner. The county did not have legal authority to impose covenants. This was a Special Use Permit which was conditional, and if any conditions were violated the county would have the authority to reinforce or revoke the permit. Chairman Scherr asked about the limit of three spaces per unit. Mr. Peterson stated that the county would not enforce parking issues. The standard relates only to the number of spaces available. Commissioner Chandler-Henry asked the applicant if there was anything in their plan that addressed maximum occupancy per unit. Mr. Williams stated that he would be limiting the units to families. Commissioner McQueeney stated that she did not believe the proposal was compatible with the Comprehensive Plan. She appreciated the work by staff to help the applicant but in terms of density, she did not support the application. Commissioner Chandler-Henry shared those same concerns. It appeared that the application met the standards,but there was some lack of agreement about whether it met the density of the current mobile home park. The variances were reasonable and met design standards. The Zone District standard was met but she struggled with the compatibility because of density. Commissioner McQueeney stated that having walked on the property during the site visit, it felt much more dense. It was not entirely accurate to compare it to the multi-level Shadowrock. Chairman Scherr stated that he agreed with staff that the application met the standards. He had some concerns with density,but staff presented it as somewhat less. Rick Davies presented a GIS map that demonstrated the density of the current mobile home park. The property was 20 acres with 83 mobile homes which equated to 4.15 units per acre. This proposal was similar with 4.20 units per acre. Chairman Scherr stated that he agreed with the conditions as proposed by staff. He believed it met the standards and prepared to vote to approve. Commissioner McQueeney stated that the homes in the existing mobile home park worked with the topography as they put the mobile homes where it worked instead of rows. This is where she had difficulty with compatibility with the comprehensive plan. Commissioner Chandler-Henry stated that she agreed that it felt too dense but was not according to the standards. Having been shown by staff that the density was compatible with surrounding properties, she was willing to vote in favor. Commissioner Chandler-Henry moved to approve File No. ZS 009342-2023, incorporating staff's findings and recommended conditions,because the application, as conditioned and with the requested Variations, meets the standards for approval of a Special Use Permit. Chairman Scherr seconded the motion. The motion passed by a vote of two to one with Commissioner McQueeney voting against. 4 06/03/2024 EAGi fCOG There being no further business b7 • :e d, the meeting was adjourned until June 4,2024. loRAO0 Attest: lerk to the Board Chairman 5 06/03/2024