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Home My WebLink AboutR25-029 Approval VIS-009472-2024 Diamond Star Ranch Docusign Envelope ID:CODOD087-C13B-4EF2-B9A0-843A43041D13 Eagle County, CO 202503981 Becky Close 03/31/2025 Pgs: 8 11:20:46 AM REC: $0.00 DOC: $0.00 Commissioner Boyd moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2025 - 029 APPROVAL OF THE VARIANCE FROM IMPROVEMENT STANDARDS FOR DIAMOND STAR RANCH Eagle County File No.VIS-009472-2024 WHEREAS, on or about August 22, 2024, the County of Eagle, State of Colorado, accepted an application ("Application") submitted by Diamond Star Ranch Owner's Association, Inc. ("Applicant") seeking a Variance From Improvement Standards ("VIS") for Diamond Star Road, West Diamond Star Road, Royal Elk Drive, and West Royal Elk Drive for access to the real properties and improvements identified in Exhibit A, all located in the County of Eagle State of Colorado ("Properties"); and WHEREAS, the Applicants subdivided the Properties into a total of 48 lots, each 35 acres or more; and WHEREAS, while subdivision of the Properties into lots of 35 acres or more does not necessitate approval from the Board of County Commissioners (the "Board"), Eagle County Land Use Regulation ("ECLUR"), 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 WHEREAS, ECLUR Section 4-620 - Roadway Standards requires the access road serving developments of more than three residences to meet Eagle County Roadway Standards prior to the issuance of building or development permits; and WHEREAS, Applicant desires to obtain development permits to make improvements on the Properties in the future which are accessed by way of Diamond Star Road, West Diamond Star Road, Royal Elk Drive, and West Royal Elk Drive; and WHEREAS, Diamond Star Road, West Diamond Star Road, Royal Elk Drive, and West Royal Elk Drive currently do not comply with ECLUR Division 4-6 - Improvement Standards; and WHEREAS, because Applicant desires to obtain future development permits for the Properties, Diamond Star Road, West Diamond Star Road, Royal Elk Drive, and West Royal Elk Docusign Envelope ID:CODOD087-C13B-4EF2-B9AU-843A43041D13 Drive must either comply with ECLUR 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, Applicant proposed and requested approval of a VIS by the Board from ECLUR improvement standards relating to roadway standards, specifically, those relating to rural cul-de-sacs and geometric standards for a Rural Residential road 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 WHEREAS, in accordance with the ECLURs, Section 5-210.E - Notice of Public Hearings, notice of the proposed VIS was posted on the Properties; mailed to all owners of property adjacent to the Properties concerning the subject matter of the Application; and pursuant to the ECLUR,was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Application and setting forth the date and time of meeting for consideration of the Application by the Board; and WHEREAS, at its public hearing held on February 25, 2025, the Board considered: the Application and the Staff Report; a presentation from Eagle County Engineering Department staff; and statements and concerns of the Applicant and all other interested parties, including members of the public; and WHEREAS, at the conclusion of the hearing on February 25, 2025, it was moved, seconded, and unanimously voted by the Board to approve the VIS with two (2) conditions, concluding after hearing and seeing the evidence presented in these proceedings concerning variances from the ECLUR Section 4-620 - Roadway Standards that the hardship to the Applicants from denial of the 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 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 the Applicants, comments of public officials and agencies, and comments from all interested parties, the Board finds as follows: THAT, proper public notice was provided as required by law for the hearing before the Board; and 2 Docusign Envelope ID:CODOD087-C13B-4EF2-B9A0-843A43041D13 THAT, the the Board finds 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; and THAT, the hardship to the Applicants of not granting the VIS consists of an inability to obtain future development permits for the Properties, the existence of 30% or greater slopes preventing construction of fully compliant roads, need to tie into existing infrastructure, and environmental and visual impacts that would be caused by the construction of fully compliant roads; and THAT, the hardship outweighs the the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected because adverse impacts will be minimized as Diamond Star Road, West Diamond Star Road, Royal Elk Drive, and West Royal Elk Drive meet standards promulgated by the American Association of State Highway and Transportation Officials and the International Fire Code and to ensure functionality of Diamond Star Road, West Diamond Star Road, Royal Elk Drive, and West Royal Elk Drive 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; and THAT, the above-described Application for the VIS be and is hereby APPROVED as more particularly described on Exhibit "B" and Exhibit "C," attached hereto and incorporated herein, as to each variance relating to geometric standards and rural cul-de-sacs for a Rural Residential road set forth in the ECLUR Section 4-620 - Roadway Standards, subject to the following conditions which are necessary to ensure that the hardship of not granting the requested variances is not outweighed by the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected: 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; such other traffic generating uses shall require a re-evaluation of adequacy of the roads. 2. The Manual on Uniform Traffic Control Devices Sign Wl-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. THAT, violation of any of the listed conditions shall be the basis for an enforcement action pursuant to the ECLUR; and 3 Docusign Envelope ID:CODOD087-C13B-4EF2-B9A0-843A43041D13 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. MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 25th day of March, 2025, nunc pro tunc to the 25th day of February, 2025. Signed by: pfA.lfC4i COUNTY OF EAGLE, STATE OF %aoRaa° COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: EDocusigned by: 6u.kU1 (,Cast, "lam FRSn�.i�RIRCRddcR BJv' CMhC128F8M VA.. Clerk to the Board Jeanne McQueeney County Commissioners Chair [ISigned by: rom 607.1, CD9995F4BF5F448.. Tom Boyd Commissioner ,-Signed by: '„^ Matt1nterr 0473... 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 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 Docusign Envelope ID:CODOD087-C13B-4EF2-B9A0-843A43041D13 Exhibit A 1 JONATHON S.JACOBSON REVOCABLE TRUST,JOANNA M.JACOBSON REVOCABLE TRUST 1939-342-01-001 Yes 2 WARREN B.MOSLER REVOCABLE TRUST 1930-274-01-019 1939-253-01-016 Yes 3 MITTELMAN,MICHELE 1939-274-01-022 1939-254-01-028 Yes 4 MITTELMAN,MICHELE 1939-274-01-023 1939-254-01-029 Yes 5 GARY E HENDRICKSON TRUST DATED FEBRUARY 25,2003 1939-263-03-005 1939-254-01-026 Yes 6 SANDERS COLORADO INVESTMENTS LLC 1939-263-03-006 1939-253-01-017 Yes 7 DIAMOND STAR RANCH COMPANY,LLC 1939-263-03-010 1939-254-01-024 Yes 8 REGER,MICHAEL L. 1939-254-01-017 1939-263-03-008 Yes 9 PAUL MAYBERRY 1939-253-01-018 1939-263-03-009 Yes 10 EAGLE RIVER DIAMOND LLC 1939-264-03-011 1939-252-04-024 Yes 11 EAGLE RIVER DIAMOND LLC 1939-253-01-012 1939-264-03-010 Yes 12 DS133 LLC 1939-252-04-023 1939-261-03-004 Yes 13 DIAMONDS RANCH INC 1939-252-04-027 Yes 14 FINCHEM,TIMOTHY WILLIAM&HOLLY BACHAND 1939-252-04-026 Yes 15 MITTELMAN,MICHELE 1939-251-02-005 Yes 16 DIAMOND STAR RANCH COMPANY,LLC 1939-251-02-004 Yes 17 VAIL PROPERTIES, LLC 1939-244-02-010 Yes 18 DIAMOND STAR RANCH COMPANY,LLC 1939-244-02-011 Yes 19 LAVINIA SURVIVOR'S TRUST 1939-254-01-027 Yes 20 DIAMONDS RANCH INC 1939-253-01-019 Yes 21 DIAMONDS RANCH INC 1939-253-01-021 Yes 22 AVATAR INVESTMENTS LP 1939-361-01-004 1941-313-01-001 Yes 23 ASPEN D/S HOLDINGS LLC 1941-312-01-002 Yes 24 ASPEN D/S HOLDINGS LLC 1941-312-01-003 Yes 25 SCHOEN FAMILY 1997 EXEMPT TRUST 1941-312-01-001 Yes 26 RED VISTA RANCH LLC 1939-361-01-001 Yes 27 REGER,MICHAEL L. 1939-361-01-002 Yes 31 EAGLE RIVER DIAMOND LLC 2107-084-01-004 2107-093-09-002 Yes 32 JONATHON S.JACOBSON REVOCABLE TRUST,JOANNA M.JACOBSON REVOCABLE TRUST 2107-084-01-005 2107- 093-09-001 Yes 33 DIAMOND S RANCH INC 2107-043-01-001 Yes 34 DIAMOND S RANCH INC 2107-043-01-002 2107-054-01-001 Yes 35 DIAMOND S RANCH INC 2107-043-01-003 2107-054-01-002 Yes 36 ALEXANDRA REGER IRREVOCABLE EXEMPT TRUST-2012,LAWRENCE 2107-084-01-003 REGER IRREVOCABLE EXEMPT TRUST-2012 2107-093-09-003 Yes 37 ALEXANDRA REGER IRREVOCABLE EXEMPT TRUST-2012,LAWRENCE 2107-054-01-003 REGER IRREVOCABLE EXEMPT TRUST-2012 2107-093-09-004 Yes 38 MITTELMAN FAMILY LLC 2107-054-01-004 Yes 39 MITTELMAN FAMILY LLC 2107-084-01-002 Yes 40 DIAMOND S RANCH INC 2107-084-01-001 Yes Docusign Envelope ID:CODOD087-C13B-4EF2-B9A0-843A43041D13 Exhibit A 41 ANN PILGRAM GEORGE REVOCABLE TRUST,WILLIAM W.GEORGE 2107-053-01-001 REVOCABLE TRUST Yes 42 DIAMOND S RANCH INC 2107-053-01-002 Yes 43 DIAMOND S RANCH INC 2107-064-01-002 Yes 44 WARREN B.MOSLER REVOCABLE TRUST 2107-181-01-002 Yes 45 DIAMOND S RANCH INC 2107-181-01-001 Yes 46 DSR46LLC 2107-182-01-001 Yes 47 DIAMOND S RANCH INC 2107-064-01-001 Yes 44 Total And Open Space Parcels Owned by DIAMOND S RANCH INC. 1939-364-00-001 Yes 1941-292-00-021 Yes 1941-313-00-023 Yes 2107-051-00-003 Yes Docusign Envelope ID:CODOD087-C13B-4EF2-B9A0-843A43041D13 EXHIBIT B Environmental, Geometric, ECLUR Table 4-620.J- Approved Variance or Design Feature Rural Residential Road Associated Average Daily 250 831 Traffic Lane Surface Type Pavement Gravel Minimum Structural 3" HBP on 8"ABC 6"ABC Section Maximum Grade 8% 12.4% Maximum Grade through 6% 11.30% Switchback Total Roadway Width 24' 16' Lane Width 10' 8' Minimum Switchback 80' 1 switchback @ 40' Radius 1 switchback @ 41' 1 switchback @ 42' 1 switchback @ 50' 1 switchback @ 55' 1 switchback @ 59' Minimum Centerline 100' 50' Radius for Design Speed and eMax or Nature of Road Maximum Superelevation Reserve Crown Normal Crown Rate-Max(%) Centerline of Road to 15' 13' Centerline of Ditch Docusign Envelope ID:CODOD087-C13B-4EF2-B9A0-843A43041D13 EXHIBIT C ECLUR Section 4-620.D.40 - Approved Variance Rural Cul-de-sacs Emergency vehicle turnaround areas shall be Turnarounds at road end for main road required on rural cul-de-sacs at the initial segments. 1000 foot mark and at 1000 foot intervals for the remaining length of the road.