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HomeMy WebLinkAboutR24-056 Approval of Subdivision Exemption for Sonnenalp Golf Course Driving Range SE 009357-2023 Docusign Envelope ID: 12A0B61C-089D-45E5-B484-61CB74EF9980 Eagle County, CO 202410137 Regina O'Brien 09/03/2024 Pgs: 5 10:54:09 AM REC: $0.00 DOC: $0.00 Commissioner chandl a r-Hen rymoved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2024- 056 RESOLUTION FOR APPROVAL OF A SUBDIVISION EXEMPTION FOR SONNENALP GOLF COURSE DRIVING RANGE Eagle County File No. SE-009357-2023 WHEREAS,on or about April 26,2023, SPI Golf,Inc. (the Applicant") submitted an application for a Subdivision Exemption(the"SE"or"Application")to the County of Eagle, State of Colorado; and WHEREAS,the Applicant requested a Subdivision Exemption to legalize a parcel that is currently part of the Sonnenalp Golf Course Driving Range located at 2100 Winslow Road in the Edwards area, and also known as Assessor's Parcel#2105-032-00-001 as legally described in Exhibit A (the"Property"); and WHEREAS,the intent of the SE was to legalize a parcel which was created by federal patent through a land swap with the US Forest Service("USFS"). In December of 2001,the USFA Decision Notice and Finding of No Significant Impact for the Vassar Meadows Land Exchange("Decision Notice")was released authorizing the transfer of several separate parcels, one of which was the Property, to private ownership in exchange for privately held property transferred to the USFS. The Property was identified as"NFS Parcel F-4 Sonnenalp Golf Course"within the Decision Notice and was ultimately transferred to the Applicant by federal patent without consideration of applicable subdivision standards outlined in the Eagle County Land Use Regulations(the"ECLUR"); and WHEREAS, Section 5-270.A.1 of the ECLUR provides that the Eagle County Board of County Commissioners (the"Board")may exempt divisions of land from the County's subdivision regulations identified in Section 5-280 of the ECLUR where the division of land is"not within the purposes of Section 5-280"of the ECLUR; and WHEREAS,because the Property was originally established pursuant to a land swap between the Applicant and the USFS and division of the Property was analyzed by the Decision Notice, such division of the Property was not within the purposes of Section 5-280 of the ECLUR. Therefore, Section 5-270.A.1 of the ECLUR,the SE provides an appropriate process to establish the Property as a legal lot; 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 date and time of the meeting for consideration thereof by the Board was mailed to all owners of property adjacent to the Property on June 14,2024 and published in the Vail Daily and Eagle Valley Enterprise newspapers on June 13, 2024. Notice of the Application was posted on the Property on or before June 13, 2024; and WHEREAS,at its public hearing held on July 2, 2024,the Board considered the SE, associated plans,the statements and concerns of the Applicant,and the statements and concerns of the Eagle County Community Development Department,Engineering staff,and other interested persons, including the members of the public,and; 1 of 5 Docusign Envelope ID: 12A0B61C-089D-45E5-B484-61CB74EF9980 WHEREAS,based on the evidence,testimony, and exhibits,and the 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: THAT,the SE complies with the standards in ECLUR Section 5-270.A. -Subdivision Exemption, as set forth below: 1. Not Within the Purposes of Section 5-280. The division of land creating the Property was not within the purposes of Section 5-280 of the ECLUR. The purpose of Section 5-280 of the ECLUR to"establish the minimum standards for division of land"and to address concerns regarding equitable procedures for the division of land,traffic impacts,the conservation of natural resources,minimization of pollution,conformance with the Eagle County Comprehensive Plan, and accurate legal descriptions. The Property was previously divided by federal patent which was issued following the Decision Notice issued by the USFS. Division of the Property followed equitable procedures through conformance with federal law and the Property does not create impacts to traffic. Impacts to natural resources and pollution were analyzed by the USFS through the Decision Notice, and the Property has been utilized in conformance with the Comprehensive Plan as it has been and is still being used for active recreation.An accurate legal description for the Property was established by the patent. Accordingly, division of the Property through a land swap analyzed by the USFS was not within the purposes of Section 5-280 of the ECLUR and the SE is appropriate. 2. Adequate access, adequate potable water, and adequate sewage treatment facilities are available. The Application provides for adequate facilities as outlined below. THAT, the Application also complies with the standards in Section 5-270.B.1 -Subdivision Exemption as set forth below: 1. Survey. A certified survey of the parcel meeting the requirements of 38-51-106 C.R.S. and 38- 51-108 C.R.S. was submitted with the Application. 2. Access.The parcel has legal and physical access to a public street. While the Property does not front a public street, an easement has been recorded in the Eagle County Clerk and Recorder's Office at Reception No. 202401248 that provides access for the Property to a public street. 3. Water Supply.The Application demonstrates that the parcel has an adequate legal and physical water supply for the existing use as a golf course driving range. The Application further demonstrates that the Property will be served with a legal,physical, adequate, and dependable potable water supply with the addition of Condition 1 identified below. The Applicant can comply with Condition 1 as the Applicant owns adjacent properties currently served with potable water and this water service can be extended to the Property. 4. Wastewater Disposal.The Application demonstrates that the parcel has access to adequate wastewater disposal for the existing use as a golf course driving range. The Application further demonstrates that the Property will be served with a wastewater disposal system or other lawful means of waste disposal if necessary in the future with the addition of Condition 1 stated below. 5. Hazards.The Application demonstrates that the SE will not create hazards and the lot contains a safe and adequate building site with the addition of Condition 2 listed below. While there are no 2 of 5 Docusign Envelope ID: 12A0B61C-089D-45E5-B484-61CB74EF9980 natural hazards on the Property, a drainage way flows across the Property onto the adjacent associated golf property as addressed in the drainage plan prepared as part of the Application. This drainage plan relies on stormwater flowing from the Property onto an adjacent turf grass buffer across the adjacent golf course property. Accordingly,while the drainage plan is allowable given the Applicant's ownership of the adjacent property, Condition 2 is necessary to ensure that the Application will conform to this standard in the future should the Property or the adjacent property change ownership. • NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, this Application for a SE 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. If the Applicant sells the Property or proposes a use of the Property that requires potable water service or wastewater service,the Applicant shall first obtain potable water and wastewater services prior to commencing such use and before any permits authorizing the change in use may be issued. 2. A change in the land use or ownership of either the Property or the adjacent property(Berry Creek Ranch Filing 4 Tracts A and B)will require a new drainage plan that demonstrates conformance with the Drainage Standards in ECLUR Article 4, Section 4-650-Drainage Standards, or as updated. THAT,the Board directs the Department of Community Development 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] 3 of 5 Docusign Envelope ID: 12A0B61C-089D-45E5-B484-61CB74EF9980 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 27th day of August, nunc pro tunc July 2nd, 2024. COUNTY OF EAGLE, STATE OF Signed by: COLORADO,By and Through Its ic`A,,,, BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: `OLORPoO Signed by: brtlitAA 61.115Vit,iA.\ By: &kyr Fona7F9aaaoaadn 01E7020710E0473... Clerk to the Board Matt Scherr County Commissioners Chair r�Doccu,Siigs�ned by: `J 074-Que.4.-sts CA4AC 128F8AA47A Jeanne McQueeney Commissioner Signed by: AAAAAIFFFRA4403 Kathy Chandler-Henry Commissioner Commissioner McQueeney 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 Aye This resolution passed by a 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 of 5 Docusign Envelope ID: 12A0B61C-089D-45E5-B484-61CB74EF9980 Exhibit A Legal Description: Lot 1, Sonnenalp Driving Range Exemption Plat, a part of Section 3,Township 5 South,Range 82 West of the Sixth Principal Meridian,Lot 7 County of Eagle, State of Colorado. 5of5