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HomeMy WebLinkAboutR24-091 Approving a Variance From Improvment Standards for Arcadian on Beaver Creek File No. VIS-009469-2024 Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 Eagle County, CO 202414269 Regina O'Brien 11/19/2024 Pgs: 8 04:41:00 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024 - 091 RESOLUTION APPROVING A VARIANCE FROM IMPROVEMENT STANDARDS FOR ARCADIAN ON BEAVER CREEK Eagle County File No.VIS-009469-2024 WHEREAS, on or about August 15, 2024, the County of Eagle, State of Colorado, accepted an application ("Application") submitted by OI TAG Beaver Creek, LLC (the "Applicant") seeking a Variance From Improvement Standards ("VIS") in connection with internal access roads (the "Lower and Upper Roads") that serve an approximately 13.796 acre parcel consisting of Tract C and Tract S within the Beaver Creek Planned Unit Development and also known as Assessor's Parcel # 2105-123-00-001 (the "Property"); and WHEREAS, the Applicant also desires to subdivide the Property into 3 lots and submitted an application for a Minor Type A Subdivision (the "SMA") via Eagle County File No. SMA-009408-2023; and WHEREAS, pursuant to the Eagle County Land Use Regulations (the "ECLUR") Section 5-290.C.1.c -Access, the SMA requires demonstration that all lots within the SMA have legal and physical access to a public street or rights-of-way by conventional vehicle; and WHEREAS, the Property has access to Highway 6, a public street or right-of-way, via the Upper and Lower Roads, Beaver Creek Drive, and Village Road, which are privately owned and maintained roads; and WHEREAS, under ECLUR Section 5-290.G.1.b - Consistent with Land Use Regulations, the SMA must comply with ECLUR Article 4 -Site Development Standards; and WHEREAS, ECLUR Article 4, Division 4-6 - Improvement Standards establishes the minimum design criteria and standards for infrastructure development in unincorporated Eagle County to protect and promote the public health, safety, and welfare of the residents and visitors of Eagle County and is applicable to all development within unincorporated Eagle County; and Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 WHEREAS, ECLUR Section 4-620 - Roadway Standards requires access roads, such as the Lower and Upper Roads, serving developments of more than three residences to meet Eagle County Roadway Standards before the issuance of building or development permits; and WHEREAS, the Lower and Upper Roads, as proposed, do not comply with ECLUR Section 4-620 -Roadway Standards; and WHEREAS, because Applicants desire to subdivide the Property via the SMA and utilize the Lower and Upper Roads for access to the Property, the Lower and Upper Roads must either comply with ECLUR Section 4-620 - Roadway Standards or receive a variance to improvement standards pursuant to ECLUR Section 5-260.G - Variance from Improvement Standards; and WHEREAS, under ECLUR Section 5-260.G - Variance from Improvement Standards, the Applicant proposed and requested approval of a VIS by the Board of County Commissioners (the "Board") from ECLUR improvement standards relating to roadway standards, specifically, those standards relating to dual access and geometric standards for Suburban Residential Roads set forth in the ECLUR Section 4-620 - Roadway Standards, as detailed in the Application and the Staff Report previously submitted to the Board and as set forth in Exhibit A, which is attached hereto and incorporated by reference; 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 by the Board was published in the Eagle Valley Enterprise and Vail Daily newspapers on September 19, 2024, mailed to all owners of property adjacent to the Property on September 20, 2024, and posted on the Property on or before September 17, 2024; and WHEREAS, the Board conducted a site visit on October 8, 2024, to view the Property and the Lower and Upper Roads and the surrounding topography and adjacent parcels; and WHEREAS, at its public hearing held on October 8, 2024, the Board considered the Application and the Staff Report; a presentation from Eagle County Engineering Department staff, and statements and concerns from the Applicant and all other interested parties, including members of the public; and WHEREAS, at the conclusion of the hearing on October 8, 2024, the Board unanimously voted to approve the VIS, concluding that the hardship to the Applicant from denial of the requested variances outweighed the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the land affected. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 2 Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 the County of Eagle, State of Colorado: THAT, based on the evidence, testimony, exhibits, and study of the ECLUR and Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of Eagle County Engineering Department staff, the statements and concerns of Applicant, comments of public officials and agencies, and comments from all interested parties, including members of the public, the Board finds as follows: THAT, proper public notice was provided as required by law for the hearing before the Board. THAT, the Application complies with the requirements and standards set forth in ECLUR, Section 5-260.G - Variance From Improvement Standards, and further finds that the hardship to the Applicant of not granting the requested variances to ECLUR Section 4-620 - Roadway Standards, outweighs the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. THAT, the hardships to the Applicant of not granting the VIS include an inability to meet the standards of approval for an SMA in order to subdivide the Property, the need to obtain private easements for dual access, the extensive disturbance of native vegetation and steep terrain to rebuild the Lower and Upper Roads including sidewalks and curb and gutter, increasing stormwater drainage, and impacts to water resources and riparian areas on the Property. THAT, the hardships to the Applicant outweighs the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected because adverse impacts are minimal and any impacts will be minimized as set forth in the Application. Although the Lower and Upper Roads do not meet current roadway standards, the Lower and Upper Roads were constructed in conjunction with approval of the Beaver Creek Planned Unit Development and are currently suitable for vehicular access. Sidewalks currently do not exist on other properties adjacent to the Upper and Lower Roads, and the Property is served by an existing transit system and therefore a lack of sidewalks on the Property will not impact pedestrian connectivity. To the extent any adverse impact exists, these minimal adverse impacts will be further minimized by the Applicant's improvements to the Lower and Upper Roads, which will provide additional width for two-way traffic, provide an emergency vehicle turnaround that ensures adequate emergency service access, provide stormwater drainage with a proposed stormwater collection and detention plan that improves drainage for the area, allow pedestrians to share the roadway which is similar in design to residential roads within Beaver Creek that also lack curb and gutter and sidewalks, ensure the functionality of the Lower and Upper Roads consistent with ECLUR Section 4-610.A.2 -Standards Are Not Inflexible, which allows alternate designs where the alternate design can be shown to provide performance and/or environmental sensitivity which reflects community values equal to or better than the ECLUR's Roadway Standards. 3 Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 THAT, the above-described Application for the VIS be and is hereby APPROVED as to each variance relating to Dual Access and Geometric Standards for Suburban Residential Roads set forth in the ECLUR Section 4-620 -Roadway Standards and as identified in Exhibit A. THAT, the Board directs the Engineering Department to provide a copy of this Resolution to Applicants; 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] 4 Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 19th day of November, 2024, nunc pro tunc to the 8th day of October 2024. Signed by: 01, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its (aaRp. BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: Lk/it/tit by: �Q.,,,, (�-it5ritAA, By• MAI(8 218E F9BB2F�246896#g0... Clerk to the Board Matt Scherr County Commissioners Chair L9- CA4AC128F8M47A..DocuSigrie6d by: Jeanne McQueeney Commissioner ESigned by: .Ittr—ti 86A681FFEB84403... Kathy Chandler-Henry Commissioner Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 5 Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 Exhibit A-Variance Table 6 Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 Exhibit A -Variance Table for VIS-9469-VIS for Arcadian Color Key Non-Conforming is Shaded Suburban Upper Road Lower Road Residential Road 4-620.J.1.h - Dual Access Required No Yes Comparison to Table 4-620.J-Summary of Suburban Environmental, Geometric, and Design Residential Road Upper Road Lower Road Standards Associated Average Daily Traffic <750 66 66 Lane Surface Type Pavement Pavement Pavement 4"HBP over 6" Minimum Structural Section 3"HBP on 8"ABC ABC Existing Unknown Roadside Ex. Conc Ditch/Storm Shoulder Type Curb & Gutter Pan/None Sewer/None Terrain Classification Mountainous Mountainous Mountainous Right-of-Way Width - Minimum 50' Varies-30'to 50'+ 50' Lane Width 10 10' 10' Roadside 24" Mountable Ex. Conc Ditch/Storm Shoulder Width C&G Pan/None Sewer/None Inside Lane Pavement Widening on Curves Yes Case III-B N/A N/A Centerline of Road to Centerline of Ditch N/A N/A N/A Design Speed (M.P.H) 20 20 20 Maximum Superelevation Rate - e MAX (%) Normal Crown Normal Crown Normal Crown Maximum Grade (%) 6%-8% 0.0918 6% Max Minimum Vertical Curve K Factors For Above Design Speed Grade Sag Vertical Curve 20 Break-Existing Existing Grade Crest Vertical Curve 10 Break-Existing Existing Minimum Centerline Radius For Above Design Speed and e Max or For Nature of Road 100' 130' 500' Minimum Switchback Radius 80' N/A N/A Maximum Grade through Switchback (%) 4% N/A N/A Standard Length for State Design Speed and Minimum Centerline Radius N/A N/A N/A Minimum Length for Stated Design Speed and Minimum Centerline Radius N/A N/A N/A Docusign Envelope ID:B23F0232-B815-4148-B8DA-388B119AB948 Simple Curves Acceptable Yes Yes Yes Standard Tangent Separation 130 N/A N/A Minimum Tangent Spearation 85 N/A N/A Structure Clear Width from Centerline 11.5' N/A N/A Centerline of Road to Face of Guardrail 11.5' N/A N/A Obstruction Free Area From Centerline 15' 15' + 15' + Ditch Depth Below Finished Shoulder N/A N/A N/A Foreslope (Run over Rise) N/A N/A N/A Required Sight Distance From Intersection Street and Driveways 200' 150' 400' Intersection Radii for 90° Connection to Similar or Higher Type Road 20' 20' 20' Detached Sidewalk or Paths extensive paths Not Proposed Not Proposed Bikes Share Bike Lanes Bikes Share Lanes Bikes Share Lanes Lanes Shoulder Width Beyond Attached Bikeway N/A N/A N/A On Street Parking No No No Transit Pull Out Stops As Appropriate As Appropriate As Appropriate Minimum Driveway Culvert Size " N/A N/A N/A Storm Sewer per Storm Sewer per Minimum Cross Culvert Size " 18" Dia Drainage Plan Drainage Plan Fire Hydrant Locations 4' Behind BoC Existing Existing Power Service Box, Telephone Service Box, Cable TV Service Box, Gas Service Box, and Water Service Box or Shut Off Locations Property Line Property Line Property Line Per CDOT Design Ditch and Slope Erosion Protection Manual Yes Yes Netting over straw Slope Reclamation Techniques in addition to mulch on Slopes Topsoil, Seed, Fertilizer, and Mulch steeper than 2:1 Yes Yes Use Reinforced Earth and Retaining Very Desirable, Structures to Reduced Cuts and Fills Possibly required Yes Yes