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HomeMy WebLinkAboutMinutes 02/24/2025 PUBLIC HEARING February 24, 2025 Present: Jeanne McQueeney Chairman Tom Boyd Commissioner Matt Scherr Commissioner Ben Morris Senior 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: Planning File - Eagle County Room 1.VIS-009472-2024 Diamond Star Ranch Variance from Improvement Standards Julie Pranger, Engineering Executive Summary: On August 22, 2024, Eagle County received an application for a Variance from Improvement Standards from Bart Johnson on behalf of the owners forty-eight(48)properties in the Diamond Star Ranch community. Forty-four(44)of the parcels are developable and four(4)of the parcels are developable per County zoning but dedicated open space per the private covenants. The Application requests a Variance from Improvement Standards to certain road and access standards for the Properties. Staff visited the Ranch and drove the road network on August 9,2023 and reviewed the Application materials and referral agency comments to consider hardships to the Applicants and adverse impacts on the health, safety, and welfare of the persons and lands affected. Staff is able to make a positive finding of conformance to the standards with the addition of two conditions for approval. Therefore, staff recommends approval with conditions. Project Name: Diamond Star Ranch Variance from Improvement Standards File Number: VIS-009472-2024 Applicants: Diamond Star Ranch Owners Association, Inc. Representative: Bart Johnson,Esquire Staff Engineer: Julie Pranger,PE, CFM Recommendation: Approve with Conditions Though subdivision of the Ranch does not necessitate approval from the Board of County Commissioners ("BoCC")under SB-35,Eagle County Land Use Regulation("ECLUR") standards such as access,roads, driveways,geologic hazards, and hillside development are applicable to the properties and are reviewed for compliance before a development permit may be issued. The internal road system of Diamond Star Ranch does not comply with County road and access standards.For Eagle County to issue future development permits,the road system must be improved to county standards or a VIS for the roads must be granted by the BoCC. The VIS process established by the ECLUR exists to balance the hardships to the Applicants of not granting the VIS against the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected. The existing access throughout the Ranch does not meet all County standards for geometric road design(width, surface,radius, etc.) or a rural cul-de-sac. The Applicants seek this VIS to establish legal, 1 02/24/2025 conforming access to the Properties so current and future owners may apply for and receive development permits from the County. Julie Pranger, staff engineer,reviewed the Variance from Improvement Standards (VIS)review process and stated that the application had gone through the 21-day referral process. Diamond Star Ranch was a subdivision of approximately 7,368 acres,with 48 conforming, legal lots,44 development parcels, and four open space parcels. Bart Johnson, a representative for the applicant, explained that one of the owners discovered during a building permit application that some of the ranch roads did not meet county standards. He emphasized that while not meeting all standards,the roads were designed for safety. He highlighted the voluntary dedication of acres to remain undeveloped and the existing gravel road system, advocating for its preservation instead of paving. He expressed acceptance of the proposed conditions with some hesitation with regard to Condition#1. Condition #1: The VIS will serve primary single-family homes, accessory dwelling units, customary accessory residential uses, and Agriculture and Customary Accessory Agricultural Buildings on the Properties and does not extend to any other traffic generating uses. Condition #2: The Manual on Uniform Traffic Control Devices Sign WJ-5 shall be placed on either side of the section of switchbacks at approximately Stations 134+00 and 169+50 on Royal Elk Drive prior to issuance of any development permits. He noted that while the ranch offered horseback rides and picnics,there was an office on-site and wanted to make sure that these activities did not conflict with the variance as conditioned. Commissioner Scherr asked if the HOA provided the services. Mr. Johnson explained that the property management was a large undertaking with many staff members overseeing the operations,the HOA essentially provided services for the owners. Ben Morris, staff attorney, asked Mr. Johnson if he would classify the uses as accessory uses. Mr. Johnson stated that they classified them as accessory residential uses or accessory agricultural. Ms. Pranger presented her review of the surrounding land uses, zoning, and existing conditions. She noted that the VIS would serve up to 44 primary dwelling units and 44 ADUs,with access off US Hwy 6. The variance affects approximately 10 miles of roadways, covering about five roads, all privately owned and maintained by the HOA. The applicant proactively obtained acceptance letters from both Eagle River Fire Protection District and Greater Eagle Fire Protection District. Ms. Pranger showed a map that highlighted the topography and geographic constraints and explained that not granting the variance would limit development to the existing 13 dwelling units on the 7,000 acres and prevent establishment of uses by right on the undeveloped parcels. She presented that potential adverse impacts to the land included massive retaining walls, a lot of cut and fill, and visual impacts. Regarding the current road configuration, staff found it adequate to maintain life safety and met Land Use Regulations in terms of zoning. Both responding Fire Districts accepted the proposed 16' road width, and existing bridges could remain in place without widening unless a site-specific crash pattern related to the width of the bridge was found. The second variance request pertained to emergency vehicle turnaround areas requiring rural cul-de-sacs. Royal Elk Road is approximately 10 miles long and would require 50 turnarounds. Staff recommended approval of the variances,with Condition#2 requiring signage to be placed on either side of the section of switchbacks on Royal Elk Drive before issuance of any development permits. Commissioner Boyd wanted to confirm that the fire departments had been on the property. Powell Laster,Ranch Manager for Diamond Star Ranch, stated that Hugh Fairfield and Fire Marshal Randy Cohen,both with Greater Eagle Fire Protection,had visited Diamond Star Ranch many times for various reasons. Chairman McQueeney opened public comment. Jeffrey Ashby, a resident of the property, expressed his support for the application,believing it to be extremely responsible. 2 02/24/2025 Chairman McQueeney closed public comment. Commissioner Scherr acknowledged that the applicant would experience hardship and that it would be contrary to some of the county's open space values. Commissioner Boyd agreed with Commissioner Scherr and emphasized that the roadway standards were intentionally designed to be flexible for situations like this. He supported a motion to approve with conditions. Chairman McQueeney believed there would be an undue hardship to the applicant if the VIS were not approved. Commissioner Boyd moved to approve File No.VIS-009472-2024 with two conditions, incorporating staff's findings and the recommended conditions because this application, as conditioned, meets the standards for approval of a Variance from Improvement Standards. Commissioner Scherr seconded the motion. The vote was declared unanimous. S� OF EAG1,. There being no further business: a �� ,the meeting was adjourned until February 25,2025. • `o ,e°Qa DO p�m r� Attest: LV Clerk to the Board Chairmah' 3 02/24/2025