HomeMy WebLinkAboutR25-015 Approval of an Amended Final Plat - 252 Ronce Lane File No. AFP-009487-2024 Docusign Envelope ID:348A5576-DOB2-4737-B3A0-0F4BBFOFD9F5 Commissioner Boyd moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2025- 015 RESOLUTION FOR THE APPROVAL OF AN AMENDED FINAL PLAT FOR 252 RONCE LANE Eagle County File No.AFP-009487-2024 WHEREAS,on or about December 3,2024,the County of Eagle, State of Colorado,received Eagle County File No. AFP-009487-2024(the"Application"or"AFP") from the Bruce Godfrey Family Trust and the Lesli L. Godfrey Family Trust(collectively,the"Applicant"); and WHEREAS,the Application proposes an amendment to the final plat for Lot 5B of the Gabossi Subdivision,which is located at 252 Ronce Lane in the El Jebel Area, identified as parcel number 2391-334-02-007, and is legally described in Exhibit A(the"Property"); and WHEREAS,the intent of the Application is to remove a platted"leach field envelope"that was depicted on the aforementioned plat and to memorialize the relocation of a natural gas easement and the relocation of a private easement for an adjoining parcel; and WHEREAS,the Property is located within the Rural Residential zone district and is two acres in size,which conforms to minimum lot area requirement for the Rural Residential zone district; and WHEREAS,pursuant to Section 5-290.B.3 of the Eagle County Land Use Regulations(the "ECLUR"),the AFP is the appropriate process for the amendment of a previously approved plat including the removal of the"leach field envelope"and to depict modifications to the natural gas easement and the private access easement; and WHEREAS,in accordance with ECLUR Section 5-210.E.1 -Notice in Newspaper,notice considering the subject matter of the AFP and setting forth the date and time for consideration of the AFP by the Board of County Commissioners for the County of Eagle, State of Colorado (the"Board")was published in the Vail Daily and Aspen Daily News newspapers on January 2,2025. Per ECLUR Section 5-210.E.2-Mailed Notice,adjacent property owner notifications were mailed on January 6,2025. Per ECLUR Section 5-210.E.3 -Posted Notice, the Applicant posted a hearing sign on January 6, 2025; and WHEREAS,at its public hearing held on January 21,2025,the Board considered the AFP and the statements and concerns of the Applicant,the Eagle County Community Development Department, Engineering staff, and other interested persons, and; WHEREAS,based on the evidence,testimony, exhibits,comments of the Eagle County 1 of 5 Eagle County, CO 202502149 Stacey Jones 02/19/2025 Pgs: 5 03:54:14 PM REC: $0.00 DOC: $0.00 Docusign Envelope ID:348A5576-DOB2-4737-B3A0-0F4BBFOFD9F5 Community Development Department, comments of public officials and agencies,and comments from all interested parties,the Board finds as follows: THAT,the Application complies with the standards in ECLUR Section 5-290.G.3 as set forth below: 1. Adjacent Property.Pursuant to Section 5-290.G.3.a,the proposed Amended Final Plat will not have an adverse impact on adjacent property, as removal of the "leach field envelope"does not reduce the requirements for required setbacks of an Onsite Wastewater Treatment System ("OWTS"). As well, a state-licensed engineer has designed, and the County has approved, a different location for the OWTS,as approved in Eagle County permit#OWTS-030383-2024. Memorialization of private easements(natural gas and access) also has no adverse impacts on adjacent properties, as these easements have been negotiated by the affected parties and recorded in the Office of the Clerk and Recorder as Reception No. 202500113 and Reception 202500118 (gas line easements)and Reception No. 202125309 (access easement). The eastern property owner and original developer of Lot 5 Gabossi Subdivision submitted a letter of support for the Application. There is no evidence of any adverse impacts upon adjacent property owners. 2. Final Plat Consistency.Pursuant to Section 5-290.G.3.b,the Amended Final Plat is consistent with the original final plat for the Property as it maintains existing plat notes appurtenant to the Property,retains or slightly modifies necessary easements, and is in accordance with the overall intent of the approved final plat of the.Gabossi Subdivision. 3. Conformance with Final Plat Requirements.Pursuant to Section 5-290.G.3.c,the AFP conforms to the final plat parameters and applicable regulations,policies,and guidelines pursuant to ECLUR Section 5-280.B.5.a.(1)& (2) and applicable state statutes. Water Supply is provided by Well Permit# 85961-F. The OWTS approved by Eagle County permit#OWTS-030383-2024 will treat the wastewater from proposed development. Any future building must conform to the dimensional limitations of the Rural Residential zone district. The Roaring Fork Fire and Rescue Authority District will serve the parcel, once a residential unit is built.No mapped geologic hazards were identified on the Property. The Application did not contain a Site Plan for the Property, as there has been no development on the Property. No Subdivision Improvements Agreement is required by this Application as no public improvements are proposed. School dedication fees may be assessed at building permit issuance, if due. 4. Improvements Agreement.Pursuant to Section 5-290.G.3.d,this standard is not applicable as no public improvements or infrastructure are proposed by the Application. 5. Restrictive Plat Note Alteration.Pursuant to Section 5-290.G.3.e,this standard is applicable to the removal of the following plat notes below which are no longer necessary because the development of the area for which the amendment is requested has changed and because it is in the public interest to remove plat notes that do not pertain to the Property. Plat Note 8: "Access Easement Across Lot 5B shown hereon for the sole use of Lot 5A for ingress and egress to the river."This plat note is not necessary, as the access easement has been 2 of 5 Docusign Envelope ID:348A5576-DOB2-4737-B3A0-OF4BBFOFD9F5 memorialized by private instrument and recorded at Reception No. 202125309. Plat Note 10: "Septic System Improvements on Lot 5A must conform to the design information provided by All Service Septic LLC Report C1395 dated 08/02/2018 recorded as Reception No. 201919974."This plat note is for Lot 5A,which is not part of this Application. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,this Application is hereby approved. THAT,the Board directs the Community Development Department 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:348A5576-DOB2-4737-B3A0-OF4BBFOFD9F5 . MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on the l lth day of February,2025,nunc pro tunc January 21,2025. Signed by: occct, COUNTY OF EAGLE, STATE OF y3 COLORADO,By and Through Its CQLQRie BOARD OF COUNTY COMMISSIONERS ATTEST: \ Signed by: DocuSigned by: f-au.i jOtALs � 2A2549 8CB60427... By: C VAC 128F8gpe7n Stacey Jones Jeanne McQueeney Chief Deputy Clerk and Recorder County Commissioners Chair FSigned by: ri,„„ g,ort, CDQQQ5FABF5FAAR Tom Boyd Commissioner 1—Signed 1 by: ux'�^ r" S'd '-81E7B2D718E0473 Matt Scherr Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Aye Commissioner Boyd Aye Commissioner Scherr 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:348A5576-DOB2-4737-B3A0-0F4BBFOFD9F5 Exhibit A Legal Description LOT 5B,GABOSSI SUBDIVISION,ACCORDING TO THE PLAT RECORDED FEBRUARY 11, 1981 IN BOOK 318 AT PAGE 310 AND FINAL PLAT OF A RESUBDIVISION OF LOT 5, GABOSSI SUBDIVISION,RECORDED NOVEMBER 22, 2019 AS RECEPTION NO. 201919975. • 5 of 5