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HomeMy WebLinkAboutMinutes 12/16/2024 PUBLIC HEARING December 16, 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 AFP-009394-2023 Castle View Estates Executive Summary: Site Visit for Planning file no.AFP-009394-2023, Castle View Estates. 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 advance of the public hearing. Planning File - Mt. Sopris Room 1. SMB-009394-2023, Castle View Estates Vince Hooper,Planning Executive Summary: A request to subdivide an existing lot,Parcel#2 of the Sterker Subdivision, into three lots. Project Name: Castle View Estates File No.: SMB-009394-2023 Location: 4959 Frying Pan Road(Assessor's Parcel No. 2467-024-01-001) Owners/Applicants: Shay Kostiner Representative: Jon Fredericks -Landwest Colorado, LLC Staff Planner: Vince Hooper, PMP, Senior Planner Recommendation: Approval with Conditions Eagle County has received an application from Shay Kostiner(the "Applicant") for a Minor Type B Subdivision ("SMB")in order to divide an approximately 22.06 acre parcel into three lots(the"Application"). The subject parcel is identified as Parcel 2, STERKER SUBDIVISION, according to the Plat recorded July 30, 1984 in Book 391 at Page 84 as Reception No. 287382 in the Office of the Eagle County Clerk and Recorder. The parcel is located at 4959 Frying Pan Road(identified as Assessor's parcel no. 2467-024-01-001) in the El Jebel area(the "Property"). The Property is zoned Rural Residential(RR)and Vince Hooper,Eagle County Staff Planner, stated that this was an application for a Minor Type B Subdivision(SMB). He reviewed the process and indicated that the public notice was provided, and to date,there 1 12/16/2024 had been no public comments received. Following the applicant's presentation staff would review the compliance with the standards of approval. The application was sent out for an initial 14-day referral period and sent a second time to the Colorado Geological Survey. To date,no public comments had been received. He showed a vicinity map identifying the parcel in relation to Basalt and El Jebel. Jon Fredericks with Landwest Colorado presented on behalf of the applicant. He showed the improvement and topographic survey and identified the areas in the parcel. The property had a long history of uses dating back to the 1950s. At one time,there were cabins,mobile homes, and an apartment building on the parcel. Up to 2011,the property contained 18 dwelling units and daily traffic of 148 trips. The current owner purchased the property in 2021 and began removing the remaining non-conforming uses and structures in anticipation of this application. By late 2022, all the trailers and cabins had been removed from the property. What remained today was the foundation slab from the old apartment building and two sheds. He reviewed the density of the surrounding area and stated that the applicant was proposing three(3)dwelling units on 22 acres, which was far lower than the neighborhood average. As proposed in the application,the daily trips were estimated at 28. The proposed plan included three lots with platted building envelopes. The building envelopes were more restrictive than standard setbacks for the rural residential zone district. They took into consideration a lot of the site's existing conditions. A majority of the slopes were being avoided on all of the lots. They would provide water body setbacks with a minimum setback from wetlands, 75 ft. The setback from Frying Pan Road was a minimum of 120 ft. Castle View Estates would utilize the two existing access points from Frying Pan Road. Domestic water would be provided for all three lots by two existing permitted wells,and a new onsite wastewater treatment system(OWTS)would be installed at the time of building permit. All necessary utilities, including communications and electricity, served the property. There was no gas service in the Frying Pan Valley. Mr. Hooper presented a zoning map and indicated that the property was zoned rural residential. Most of the surrounding land uses were residential. The property was previously platted as the Sterkerville Roadhouse bar, restaurant, and lodge. The application went out for referral, and staff received comments from the Colorado Geological Survey(CGS)with initial concerns about debris fans, inundation, and rock falls. The applicant went back and did some additional studies and evaluation and sent the information back to the CGS. It was determined that CGS made some errors in their analysis.After reviewing the material that the applicant had provided, it was determined that what was being proposed was adequate with a recommendation. Colorado Parks and Wildlife (CPW)identified concerns over a nearby active bald eagle nest but did not recommend limitations or conditions for the nest. They did request limitations on fencing and dog restrictions as well as identifying bear-aware practices. The applicant had responded to those recommendations by incorporating them into their proposal. CPW also recommended restricting domestic goats and sheep to being maintained within a six-foot-tall double-fenced enclosure to prevent interaction with big horn sheep. Colorado Division of Water Resources confirmed that there were existing well permits for all three wells, and the Basalt Water Conservation District contract and what they currently had would serve the proposal adequately. The Town of Basalt and Pitkin County provided no comments. Roaring Fork Fire Rescue District provided a list of things they were requesting the applicant be aware of for the period that they were expecting in the future for building permits but had no issues with the proposal. There were no public comments to date. He reviewed the standards, and in conclusion staff found that the proposed application complied with the standards for a Minor Subdivision Type B based on the standards of Section 5-290.G.2 and recommended approval with conditions. The conditions were in the staff report and the staff presentation. Condition#1 dealt with the geologic hazards and noted that the applicant wished to revise the condition. Mr. Fredericks suggested clarity for future lot owners. He believed there needed some wordsmithing to provide clarity. Matt Peterson,Assistant County Attorney,had no issues amending the condition. Mr. Fredericks stated that there were two valleys,and the main drainages from the two valleys go onto neighboring properties. CGS and the Geo Hazards engineer had identified some old drainages that came through the property once. One was evident on the east side of Lot 1, and the one on Lot 3 was difficult to find. He also mentioned that the CPW comments were incorporated into a set of private covenants. Chairman Scherr stated that the letter from CPW wasn't clear with regard to the eagle's nest. 2 12/16/2024 Mr. Hooper stated that he believed CPW had no new recommendations or restrictions,as human activity had a long history. He also pointed out that impacts on wildlife were not a standard for SMB in this case. Commissioner Chandler-Henry wondered about the standard on access,water, and sewage and if the application met the standard without an internal loop road. Mr. Hooper stated that the standard was for the access,not the internal driveway. Chairman Scherr wondered if traffic was a consideration. Mr. Peterson stated that part of the intent of the Minor B was that the property had adequate legal access, but the uses by right would govern future development and at the same time the county would review traffic. Commissioner McQueeney wondered if staff wished to respond to the comment about the notification he had received that said the lines could change in the future. Mr. Hooper stated that the notice addressed changes to the application. Once the application was approved, it was subject to any change through the normal process. Mr. Peterson stated that the language in the notice addressed the notion that under the land use code, an applicant could amend their application at any time. As far as the lines, if the board were to approve this application today,those would be lines that would be platted, and any changes would come back to the county for review. Commissioner Chandler-Henry believed the lesser volume of traffic was a plus for the folks on the Frying Pan Road but there was also a loss of workforce housing. Chairman Scherr opened public comment. Wayne Hyrup, a neighbor immediately to the west,recommended that the board put a deed restriction on the property so the property could not be subdivided in the future. Chairman Scherr closed public comment. Mr. Frederick appreciated Mr. Hyrup's comments. Regarding what was allowed on each of the lots,the RR zone district allows one single-family residential structure to be on each lot. There was no allowance for ADUs within the RR zone district; this would require a separate special use permit and further review by the county. Any further subdivision of a Minor Subdivision would require another county review process. He believed there were some assurances in place. Mr. Peterson added that there was a minimum acreage requirement in this zone district. Potentially there could be additional subdivision of these parcels in the future,but the applicant would have to go through the county process and meet standards. Commissioner McQueeney appreciated Mr. Hyrup's comments and the clarification. She believed that there may be additional considerations during the building permit process. Currently,the application met the standards. Commissioner Chandler-Henry concurred with Commissioner McQueeney and believed the application met the standards. Commissioner Chandler-Henry moved to approve File No. SMB-009394-2023 Castle View Estates, incorporating staff's findings, because this application, as conditioned,meets the standards for approval of a Minor Type B Subdivision. Commissioner McQueeney seconded the motion. The vote was unanimous. OF GIG/ 4,cr 44‘C. There being no further busine L.4 rd,the meeting was adjourned until December 17,2024. ,n Attest: . - ,Aoo y�1 JIN��' Clerk to the Board Chairma Li 3 12/16/2024