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HomeMy WebLinkAboutR24-050 Approval of the Special Use Permit - Lava Drive Mobile Home Park Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA d, 10 N g 0 1- co vit' N 0 N N 6 Commissioner chandler-Henrymoved adoption 0 N "- of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO O RESOLUTION NO.2024- 050 m 0 0 0 o p APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR m CO 00 LAVA DRIVE MOBILE HOME PARK 9 �' �,w 8 EAGLE COUNTY FILE NO. ZS-009342-2023 w CL a tr 0 WHEREAS, on or about April 12,2023,the County of Eagle, State of Colorado, accepted for filing Eagle County File No. ZS-009342-2023 (the "Application")submitted by Grafton Smith Planning (the"Representative")on behalf of Williams 2004, LLC(the"Applicant"); and WHEREAS, the Application requested a Consolidated Special Use Permit("SUP")for 223 Lava Drive, identified as Assessor's parcel number 2465-031-27-002 (the"Property"), for the development of a five (5)unit mobile home park; and WHEREAS,the Property, as more particularly described in Exhibit A-Legal Description, is zoned Residential Suburban Medium(RSM)and totals 1.194 acres; and WHEREAS,Table 3-300 of the Eagle County Land Use Regulations("ECLUR")identifies a mobile home park as a Special Review Use within the Residential Suburban Medium(RSM) zone district subject to the specific standards outlined in ECLUR Section 3-310.Y; and WHEREAS,pursuant to ECLUR Section 5-250,a Special Use Permit(SUP)is the appropriate mechanism to permit a Special Review Use on the Property; and WHEREAS,in accordance with ECLUR Section 5-210.E -Notice of Public Hearings,notice concerning the subject matter of the Application and setting forth the dates and times of meetings for consideration thereof by the Roaring Fork Valley Regional Planning Commission(the"RFVRPC")was published in the Eagle Valley Enterprise and Aspen Times newspapers on August 24,2023. The notice was mailed to all adjacent property owners on August 21,2023.Notice was posted at the Property on August 23,2023; and WHEREAS, at a public meeting held on October 19,2023, the RFVRPC unanimously recommended approval of the Application with one condition to the Board of County Commissioners for the County of Eagle, State of Colorado(the"Board"); and WHEREAS,on November 8,2023,the Applicant submitted a Variation request per ECLUR Section 5-250.0- Variations Authorized to the required access width of 40 feet for a Rural Access VII Road per ECLUR Table 4-620.J-Summary of Environmental, Geometric and Design Standards to allow for a access width of 30 feet to the Property; and WHEREAS,in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice concerning the subject matter of the Application and Variation request and setting forth the dates and times of meetings for consideration thereof by RFVRPC was published in the Eagle Valley Enterprise 1 of 8 Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA and Aspen Times newspapers on November 23, 2023. The notice was mailed to all adjacent property owners on November 22, 2023.Notice was posted at the Property on or before November 22, 2023; and WHEREAS, at a public meeting held on December 7,2023,the RFVRPC unanimously recommended approval of the Variation request to the required access width of 40 feet for a Rural Access VII Road per ECLUR Table 4-620.J-Summary of Environmental, Geometric and Design Standards to allow for a access width of 30 feet to the Board; and WHEREAS,on February 7, 2024,the Applicant submitted a Variation request per ECLUR 5- 250.0 - Variations Authorized from certain standards for an Internal Suburban Residential Road(a Suburban Residential Road-Residential per ECLUR 4-620.D.5 and Table 4-620.J) as follows: 1. Required surface type; 2. Required minimum structural section of 3" HBP(hot bituminous pavement)on 8"ABC; 3. Required shoulder type; 4. Required right-of-way width minimum; 5. Required lane width; 6. Required shoulder width; 7. Required maximum grade; 8. Required structure clear width from centerline; 9. Required obstruction free area from centerline; and 10.Required sidewalks or paths; and WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings,notice concerning the subject matter of the Application and Variation request and setting forth the dates and times of meetings for consideration thereof by RFVRPC was published in the Eagle Valley Enterprise and Aspen Times newspapers on February 22, 2024. The notice was mailed to all adjacent property owners on February 21,2024.Notice was posted at the Property on or before February 21,2024; and WHEREAS, at a public meeting held on March 4,2024,the RFVRPC unanimously recommended approval of Variation requests for a Internal Suburban Residential Road(a Suburban Residential Road-Residential per ECLUR 4-620.D.5 and Table 4-620.J)to the Board; and WHEREAS, in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice of the Application concerning the subject matter of the Application and Variations and setting forth the dates and times of meetings for consideration thereof by the Board was mailed to all adjacent property owners on May 16,2024.Notice was posted at the Property on or before May 16, 2024.Notice was published in the Eagle Valley Enterprise and Aspen Times on May 16, 2024; and WHEREAS, at a public meeting held on June 3, 2024,the Board considered the Application,the Variation requests,the associated plans, documents, and studies; the statements and concerns of the Applicant;the statements of Eagle County Community Development and Engineering staff;the recommendations of the RFVRPC; and the statements of other interested persons, including 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 RFVRPC,and comments from all interested parties,the Board approved the Application by a vote 2 of 8 Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA of 2-1 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 the Eagle County Comprehensive Plan,Area Community Plans,and any applicable ancillary County adopted documents. The Application is in substantial conformance with numerous aspects of the Eagle County Comprehensive Plan, including,but not limited to, Sections: 3.2 -General Development- the mobile home park is similar to the cluster design of the surrounding neighborhood and the Application has mitigated all related impacts to the natural and built environment; 3.4-Housing-the mobile home park will be creating residences, including two which are deed restricted,near jobs and public transportation; 3.5 -Infrastructure and Services- water, sewer, and access are present and available to the Property; 3.7 -Wildlife Resources-the mobile home park is being constructed on a previously developed parcel and not eliminating additional wildlife habitat; 3.8 - Sensitive Lands-no new impact to sensitive lands is anticipated; and 3.9-Environmental Quality-the mobile home park will be built to current building codes and should not alter the air quality, ambient noise levels, and quality of the night sky. The Application is in substantial conformance with the Mid-Valley Community Area Plan including Policies: 1.1.2 -the mobile home park will accommodate an appropriate mix of sized mobile homes and it parallels the adjacent density; 1.1.9-the mobile home park mimics the intent and character traits of the Medium Density Residential classification as it retains the like surrounding density and different housing options;4.2.2 -the mobile homes will be built offsite in a controlled warehouse and mitigate the impact of an unpaved road with an approved palliative to reduce dust; 4.2.3 - the mobile park will be engineered to minimize surface runoff; 4.2.4-the mobile home park is being constructed on a previously developed parcel which will minimize impacts to wildlife habitat;4.3.1 -the mobile home units will be constructed in a warehouse which is more efficient construction than to build onsite; and 4.3.2 -the mobile home park will use a recycling program. Finally,the Application conforms to the Moderate Density Residential designation of the Future Land Use Map(FLUM). The Application is also in conformance with the Eagle County Affordable Housing Guidelines. Because the Application proposes the development of five (5)residential units,the Applicant is required to mitigate impacts to housing through the provision of one(1)deed-restricted unit. The Applicant proposes to deed restrict two(2)mobile home units consistent with Condition#1 provided below. 2. Compatibility. The proposed mobile home park is compatible with the surrounding development which is primarily characterized by the large 300 unit El Jebel Mobile Home Park adjacent to the Property. The density of the proposed mobile home park is generally compatible with the density of the adjacent El Jebel Mobile Home Park and is within the density recommended by the Mid- Valley Community Area Plan and FLUM, which allows for seven(7)units per acre. Additionally, the Applicant has been granted geometrical Variations to the Suburban Residential Road road classification standards in Standard 5-250.0 to ensure general compatibility with other impacted land, services, and infrastructure. 3. Zone District Standards. The proposed mobile home park is in compliance with applicable Residential Suburban Medium(RSM)zone district standards as required by ECLUR 5-250.B.3 and the use specific standards of Section 3-310.Y, including Table 3-340 pertaining to dimensional limitations and site design. 3 of 8 Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA 4. Design Minimizes Adverse Impact. The proposed mobile home park reasonably avoids adverse impacts to adjacent properties and should not create any visual,traffic/parking, or nuisance issues as required by ECLUR 5-250.B.4. The proposed landscape will shield the new mobile homes from neighbors and the mobile homes will be built offsite to reduce onsite construction. Odor, noise,and glare should not be a nuisance when compared to the surrounding number of mobile homes present. 5. Design Minimizes Environmental Impact. The proposed mobile home park minimizes any environmental impact and will not cause deterioration of natural resources as required by ECLUR 5-250.B.5. This Application has addressed and is in compliance with the standards listed in Article 4 of the ECLUR related to the environment and potential impacts to water and air resources,wildlife habitat, and scenic values. The proposed mobile homes are within the required size and location and they will be shielded with the newly proposed landscaping. Water and wastewater services will continue to be provided and there is no proposed impact to water providers. 6. Impact on Public Facilities:The proposed mobile homes will be adequately served by necessary facilities and services including roads,water and sewer,police, and fire protection with the variations and Condition#2 noted below. Access to the property is served by an existing driveway from Lava Drive. Lava Drive is a private road and will continue to be maintained by the Applicant and other private parties pursuant to a separate road maintenance agreement. The Special Use is and will be adequately served by public facilities and services. The proposed site plan has been approved by both the Sheriff and Fire Department for adequate access and circulation. Condition#2 further ensures fire protection for the Property and the proposed mobile home park. A Will Serve Letter has been submitted by the water and sanitation district. 7. Site Development Standards. The proposed mobile home park will comply with the Site Development Standards of Article 4 of the ECLUR with the variations identified below. Off Street parking has been dedicated to at least(2)parking spaces per unit and the Application meets all the standards required for Landscaping. Natural Resource protection has been addressed as the proposed development is proposed on a parcel that was previously developed parcel that has addressed protection issues in the past. Improvement standards have been addressed as the Applicant has requested Variations from the drive and access standards and have been approved. Emergency Service Impact Fees will be submitted at the time of building permit. 8. Other Provisions. This standard is met as it is not applicable. 9. Variations Authorized and Basis for Granting Variations. Per ECLUR 5-250.D.9, the Application provides evidence that the requested Variations are necessary to"Obtain Desired Design Qualities"by allowing the integration of multiple sizes of mobile home units on the Property,which promotes a variety in the unit type, design,and layout which are compatible with,and a continuation of,the existing land use adjacent to the north and exists in the surrounding area and along Lava Drive. A narrower right-of-way for access with varied shoulders,grades,and site distances allows for increased spacing of units on the Property for better compatibility and fire protection and allows for the addition of double-wide mobile homes on the Property. Additionally, and consistent with Condition#1,granting the Variations allows for an incentive for the Applicant to provide"Affordable Housing"by providing increased 4 of 8 Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA density with five mobile homes,two of which are deed restricted,on the Property as opposed to one detached,unrestricted home as would otherwise be allowed by right on the Property. The approved variations are listed in Exhibit B,which is incorporated herein by reference. 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 place resident occupied deed restrictions on two(2)mobile home units prior to issuance of a Certificate of Occupancy of the third mobile home. 2. An all weather surface shall be constructed for a Roaring Fork Fire Rescue truck at time of building permit. 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 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] 5 of 8 Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 13th day of August, 2024, nunc pro tunc June 3, 2024. c-- Signed by: COUNTY OF EAGLE, STATE OF 06* t COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST. Signed by: e--tSiggnneed by:"� rieLIIIAA L 01 brit AA. B : maul S.davr 111 10D62F246806140... y 1E B2D710E0473... Clerk to the Board Matt Scherr Chair r 'DoocuuSig�ned by: „", CMAC12010AA474... Jeanne McQueeney Commissioner e—Signed by::at‘"i',y `-86 81 FF 84403. Kathy Chandl .. er-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 Nay 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 6 of 8 Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA Exhibit A Legal Description LOT 2, MCCAULEY-WILLIAMS SUBDIVISION EXEMPTION, ACCORDING TO THE PLAT RECORDED APRIL 18, 2019 UNDER RECEPTION NO. 201905062, COUNTY OF EAGLE, STATE OF COLORADO. 7 of 8 Docusign Envelope ID:48C3EA2B-9E6F-488F-A734-A4DAB7FA9EEA Exhibit B Variation Table Suburban Residential Suburban Residential Suburban Residential Road Road Road Required Existing Proposed Associated Average Daily Traffic <750 539 45 Lane Surface Type Pavement Pavement Gravel Minimum Structural Section 4" HBP on 12"ABC ? 6"ABC Shoulder Type Curb and Gutter Gravel Gravel Right of Way Width Minimum 50' 30' 30' Lane Width 10' Varies 6'- 13' 8' Shoulder Width 24" Mountable C&G Gravel Varies 2-6' Gravel Design Speed MPH 30 Not Posted Not Posted Maximum Grade(%) 6% - 8% 9.10% 4% Structure Clear Width from Centerline 11.5' Varies 11' -23' 15' Obstruction Free Area from Centerline 15' Varies 11' -23' 15' Detached Sidewalks or Paths Extensive Paths None None 8 of 8