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HomeMy WebLinkAboutR25-009 Approving a Minor Type B Subdivision for Castle View Estates File No. SMB-009394-2023 Docusign Envelope ID:OB0861CF-BB9F-4195-9296-DD2D91F004F3 Eagle County, CO 202501297 Regina O'Brien 01/29/2025 Pgs: 8 10:34:54 AM REC: $0.00 DOC: $0.00 Commissioner Scherr moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2025- 009 RESOLUTION APPROVING A MINOR TYPE B SUBDIVISION FOR CASTLE VIEW ESTATES EAGLE COUNTY FILE NO.SMB-009394-2023 WHEREAS,on or about October 5,2023,the County of Eagle, State of Colorado,accepted an application for a Minor Type B Subdivision(the"Application"or the"SMB") submitted by Shay Kostiner(the"Applicant")to subdivide Parcel 2 Sterker Subdivision, an approximately 22.06 acre lot located at 4959 Frying Pan Road; and WHEREAS,the Application proposes approval of a Minor Type B Subdivision to subdivide and plat Parcel 2 Sterker Subdivision, also known as Assessor's Parcel#2467-024-01-001,and legally described in Exhibit A(the"Property"), into three (3)total lots; and WHEREAS,the Sterker Subdivision was approved by the Eagle County Board of County Commissioners(the"Board") according to the Plat recorded July 30, 1984 in Book 391 at Page 84 as Reception Number 287382 in the Office of the Eagle County Clerk and Recorder; and WHEREAS,the Property is eligible for a Minor Type B Subdivision pursuant to Section 5-290.B.2.a of the Eagle County Land Use Regulations(the"ECLUR")as the Application proposes to create three(3)lots within property that has been previously platted and is unimproved/vacant; and WHEREAS,the Property is zoned Rural Residential(RR),which requires a two acres minimum lot size; and WHEREAS,the Application proposes to divide the Property into three lots, Lot 1, Lot 2,and Lot 3, for the purpose of development consistent with the ECLUR. Proposed Lot 1 totals 4.143 acres, proposed Lot 2 totals 11.412 acres and Lot 3 totals 6.508 acres. Each lot contains a building envelope intended to restrict the possible location of future buildings as depicted in Exhibit B; and WHEREAS,pursuant to ECLUR Section 5-210.E.1 -Notice in Newspaper,notice considering the subject matter of the Application and setting forth the date,time,and location for consideration of the Application by the Board was published in the Eagle Valley Enterprise, Vail Daily,and Aspen Times newspapers on November 28, 2024. Per ECLUR Section 5-210.E.2-Mailed Notice, all owners of land adjacent to the Property were notified by mail on November 22 and 25, 2024,not less than 15 calendar days prior to the public hearing. Per ECLUR Section 5-210.E.3 -Posted Notice,the Applicant posted a sign on the Property, on December 1,2024, not less than 15 calendar days prior to the public hearing; and 1 of 8 Docusign Envelope ID:0B0861 CF-BB9F-4195-9296-DD2D91 F004F3 WHEREAS,the Board conducted a site visit on December 16,2024,to view the Property and the surrounding topography and adjacent parcels; and WHEREAS,at its hearing on December 16,2024,the Board considered the Application and associated plans and the statements and concerns of the Applicant,the Eagle County Community Development and Engineering staff,members of the public, and other interested persons; and WHEREAS,based on the evidence,testimony, exhibits, as well as comments of the Eagle County Community Development Department,comments of public officials and agencies, comments from members of the public, and comments from all interested parties, the Board finds as follows: THAT,proper publication and public notice was provided as required by law for the hearing before the Board. THAT,pursuant to ECLUR Section 5-290.G.2 -Standards for the review of a Minor Type B Subdivision, all applicable standards have been met as required by the ECLUR as follows: a. Access,Water and Sewage. The Application demonstrates adequacy of access,potable water,and sewage disposal for the subdivided lands. Specifically, the Property is currently accessed from two driveway connections to Frying Pan Road and these access points will remain and provide access to each lot. The Application contains a traffic analysis which estimates that the previous,but recently removed land uses on the Property(10 apartments and eight cabins/mobile homes),generated 148.7 Average Daily Trips ("ADT")as compared to the 28.3 ADT the three lots created by the proposed subdivision are expected to generate. The traffic analysis concluded that the proposed subdivision will be adequately served by the existing Frying Pan Road roadway and access points. The Engineering Department reviewed the existing 890 foot spacing of the existing entries and the proposed internal driveways and found them to meet County requirements of ECLUR Section 4-620 Roadway Standards, and therefore also the requirements of Section 5-290.G.2.a. The Property contains three permitted existing wells,two of which are permitted for potable water use. The Cabin well(permit 70330-F)located on proposed Lot 3, is permitted for up to 8 cabins/mobile homes and irrigation. The Apartment Well(permit 70331-F)located on proposed Lot 1, is permitted for 10 apartments and irrigation. The Apartment Well will serve proposed Lot 1 and the Cabin Well will serve both proposed Lot 2 and Lot 3,utilizing a temporary utility easement running from the Apartment Well located on Lot 3 to the border of Lot 2.As identified in Plat Note#6,this easement is anticipated to be temporary because of the Applicant's intent to seek a new well permit and drill a new well on Lot 2 following recordation of the plat. The Property is under contract with the Basalt Water Conservation District for a water augmentation plan. The Application contains a Well Test&Inspection Report demonstrating that each well's water quality meets the Colorado Department of Health's minimum quality standards for drinking water supply and that well pump rates are adequate to meet use demands. The Application contains Onsite Wastewater Treatment System(OWTS)feasibility information which demonstrates the opportunity to provide 2 of 8 Docusign Envelope ID:0B0861CF-BB9F-4195-9296-DD2D91F004F3 sewage disposal which can meet the County's current standards, b. Conformance with Final Plat Requirements. Pursuant to ECLUR 5-290.G.2.b, and with the addition of Condition#1 and Condition#2 described below,the Application complies with applicable requirements of Final Plats per Section 5-290.C.1 -Final Plat Procedure of the ECLUR including water supply,wastewater facilities,access, zoning, fire protection, schools, site plans, and agreements. The SMB final plat was reviewed by the County Surveyor and determined to be in conformance with Final Plat requirements as outlined in Section 5-280.B.5.a.(1)&(2). The Property is zoned Rural Residential(RR),requiring a minimum lot size of two acres. The smallest proposed lot, Lot 1, is 4.143 acres. The building envelopes defined on the plat meet or exceed the required setbacks, including the water resource setback to the existing pond. The proposed additional lots will be adequately served by legal and physical access from Frying Pan Road. The Application demonstrates that the proposed subdivision will be adequately served by existing water supplies as discussed above. The Application demonstrates that the proposed subdivision can be adequately served by proposed OWTS as discussed above. The Property is located within the Roaring Fork Fire Protection District's jurisdiction who is responsible for fire protection and stated that they have no issues with the proposed subdivision. The Property contains steep slopes greater than 30%and mapped geological hazards including expansive/collapsible soils and bedrock, debris flow and rockfall. The Application contains a Geological Hazards Study prepared by Kumar&Associates,Inc. addressing the potential for hazards related to geological conditions with recommendations for mitigation of these hazards. These recommendations have led to the inclusion of Plat Note#2 and Condition of Approval#1 requiring implementation of the recommendations of Kumar&Associates' mitigation measures at the time of building permit application. The Application contains a Site Plan which demonstrates compliance to Section 5-290.G.2. There are no agreements applicable to the Application. Pursuant to Section 4-700,School Land Dedication Standards of the ECLUR this SMB is required to provide land areas or cash-in-lieu for school purposes. The Application proposes the use of a cash-in-lieu payment in place of land,which is calculated to be 0.045 acres. Condition of Approval#2 addresses the requirement to have the necessary land appraisal and fee provided prior to recording the Plat. c. Improvements Agreements. The Application proposes no new public infrastructure and none are required. The Application does not propose any improvements agreements. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Application is approved,with the following conditions: 1. Prior to,or at the time of building permit submission for Lot 1 and Lot 3, the lot owners shall submit drainage plans addressing the existing relict drainages near the east sides of those lots as recommended in the Geologic Hazards Study prepared by Kumar& Associates,Inc. dated April 29, 2024. Specifically,the drainage plans shall include the construction and maintenance of drainage channels to convey flows from the relict drainages. 3 of 8 Docusign Envelope ID:OB0861CF-BB9F-4195-9296-DD2D91F004F3 2. Prior to recording the Minor Type B Subdivision plat, the Applicant shall submit an appraisal determining the cash-in-lieu value of the required 0.045 acres of land to be dedicated for school purposes and shall pay the required amount. 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 Planning Division 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] 4 of 8 Docusign Envelope ID:0B0861CF-BB9F-4195-9296-DD2D91F004F3 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 28th day of January,2025,nunc pro tunc to the 16th day of December, 2024. Signed by: i � COUNTY OF EAGLE, STATE OF �� COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS Signed by: DocuSigned by: ATTEST: gatui JOSS B : 1m5eoaaraane97 y CA4AC120rofA47A... Stacey Jones, Chief Deputy Jeanne McQueeney Clerk and Recorder Chair Abstain Tom Boyd Commissioner nASigned by: J thAYr 81E7B2D71950177... Matt Scherr Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Aye Commissioner Boyd Abstai n Commissioner Scherr Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 5 of 8 Docusign Envelope ID:0B0861 CF-BB9F-4195-9296-DD2D91 F004F3 Exhibit A-Legal Description PARCEL 2, STERKER SUBDIVISION,ACCORDING TO THE PLAT RECORDED JULY 30, 1984 IN BOOK 391 AT PAGE 84. 6 of 8 Docust9n Envelope • Exhibit B-Final Plat r c l�t1 ili\ \ \ IiSi ti \1C\I0,1 ' 1\\/ i1\",','I 1 tI% y tt ,1,t��s +•i1 111 kWA 11 [ Et ' t t ► /9i'1,‘4I 1 t 1 ti�, 1 ; t ' t1fil`;5�1' 1 l r tia �! 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