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HomeMy WebLinkAboutR06-104 Zone Change/Preliminary Plan for Emma Farms Commissioner ~~~ t I moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - APPROVAL OF A ZONE CHANGE AND SUBDIVISION PRELIMINARY PLAN FOR THE EMMA FARMS SUBDIVISION FILE NOS. ZC-00083 and SUP-00009 WHEREAS, on or about April 12, 2006, the County of Eagle, State of Colorado, accepted for filing applications submitted by Emma Farms, LLC, (hereinafter "Applicant") for approval of zone change from the Resource (R) Zone District to the Agricultural Residential (AR) Zone District and approval of the Subdivision Preliminary Plan for the Emma Farms Subdivision, File Nos. ZC-00083 and SUP-00009, respectively; and, WHEREAS, the Applicant requested the approval of a Subdivision Preliminary Plan for a proposed development of a cluster subdivision of five home sites in Eagle County ranging in size from 6 acres to 14 acres, situated around approximately 50.4 acres of agricultural hay meadow which would be subject to an agricultural conservation easement; and, WHEREAS, notice of the proposed Zone Change and Preliminary Plan was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, WHEREAS, at its public hearing held on July 6,2006, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval of the Zone Change and approval with conditions of the proposed Subdivision Preliminary Plan; and WHEREAS, at its regular public hearings of July 17,2006, the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed Zone Change and Subdivision Preliminary Plan; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering Staff, and other interested persons; and the recommendation of the Roaring Fork Valley Regional Planning Commission. 1 BASED ON THE EVIDENCE BEFORE IT, THE BOARD FINDS AS FOLLOWS: Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: 1. Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. 2. Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - It has been demonstrated that, with the recommended conditions, the proposed subdivision will comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. 3. Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 4. Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided is suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 5. Compatible Wit" Surrounding Uses. [Section 5-280.B.3.e (5)] _ With the conditions of approval, the proposed subdivision is compatible with the character of existing land uses in the area and should not adversely affect the future development of the surrounding area. Pursuant to Eagle County Land Use Regulations, Section 5-230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District Map: 2 6. Consistency with the Comprehensive Plan. [Section 5-230.D.1.] _ The proposed amendment does adequately consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations; 7. Compatible with Surrounding Uses. [Section 5-230.D.2.] - The proposal does provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property; 8. Public Benefit. [Section 5-230.D.3.] - The proposal does address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands; 9. Change of Circumstances. [Section 5-230.D.4.] - The proposal does address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. 10. Adequate Infrastructure. [Section 5-230.D.5.] - The property subject to the proposal is served by adequate roads, water, sewer and other public use facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT the petition of Emma Farms, LLC, File No. ZC-00083, for a Zoning Amendment to change from the Resource (R) to the Agricultural Residential (AR) Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: See Exhibit "A". THAT, the application submitted by Emma Farms, LLC, File No. SUP-00009, for amendment of the Emma Farms Subdivision be and is hereby granted with the following conditions: 1. The Applicant shall demonstrate, prior to approval of a final plat, that a conservation easement has been created in a form and manner satisfactory to the County Attorney. 3 2. The Applicant shall demonstrate to the satisfaction of the Director of Community Development, prior to approval of a final plat, how long term irrigation and maintenance of the open space will be provided in the event that the agricultural portion of the site reverts to open space. 3. All lighting on the site shall adhere to the more restrictive Lighting Standards of the Eagle County Land Use Regulations or the Pitkin County Land Use Code. 4. The Recommendations to Minimize Ecological Impacts contained as Section 7.0 of the Wildlife Analysis: Emma Farms Subdivision, dated February 11,2006, shall be implemented within the development. 5. The Applicant shall develop, prior to approval of a final plat, subject to approval by the Director of Community Development, and implement a noxious weed monitoring and treatment plan. 6. The mitigation recommended in the Geologic Evaluation prepared by CTL I Thompson, dated January 17,2006, shall be implemented in a manner satisfactory to the County Engineer. In addition, a note shall be included on the final plat which reads as follows: Construction on certain lots may require mitigation for rockfall and debris flow. The geologic hazard map in the Geologic Evaluation prepared by CTL/Thompson, dated January 17,2006, shows debris flow hazard may affect the primary building envelope on Lot 5 and debris flow and rockfall hazard may affect the primary building envelope on Lot 4. The proposed mitigation is a catchment structure on the order of 10 to 15 vertical feet and 15 to 20 feet in width. The CTL/Thompson report states this could either be a trench, berm, or a combination of both, or an MSE wall. Appropriate mitigation satisfactory to the Eagle County Engineer shall be designed prior to issuance of each respective building permit and built prior to issuance of issuance of a temporary or permanent certificate of occupancy and shall include the following features: · Trench design shall include a provision for cleanout, i.e., there shall be some access to the trench for a front-end loader or backhoe. · The slopes of the trench/berm shall be steep enough to prevent rocks from bounding out. 7. Noncombustible roofing materials shall be used throughout the development. 4 8. The recommendations of the Basalt and Rural Fire Protection District, in its letter dated June 7, 2006, shall be incorporated into and be considered to be a part of the approved subdivision preliminary plan. 9. Prior to final plat approval, the Applicant shall obtain a Variance from Improvement Standards with respect to dual access to the site. 10. The Applicant shall provide, with the application for the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. 11. The Applicant shall demonstrate to the satisfaction of the Director of Community Development, prior to approval of a final plat, that legal access will be provided to Lots 1,4 and 5. 12. The final plat shall include a note to the effect that the design and location of Individual Sewage Disposal Systems shall be subject to review and approval by the Director of Environmental Health with respect to existing and proposed irrigation of the site. 13. The Applicant shall provide, prior to approval of a final plat for the development, evidence satisfactory to the Director of Community Development of the physical adequacy of the water supply with the understanding that the Applicant intends to first test the existing will on the property for water quality and quantity to provide evidence of the physical adequacy of the water supply. 14. The final plat shall include a note to the effect that all Individual Sewage Disposal Systems shall be designed by a Colorado Registered Professional Engineer to accomplish denitrification of the wastewater and be pressure dosed into shallow trench configurations. 15. Local resident housing mitigation shall be satisfied by payments in lieu in accordance with the then current Housing Guidelines, with the payment for inclusionary housing due prior to approval of the final plat and payment for employment linkage due prior to issuance of the respective building permit for each residential unit. 16. Any accessory dwelling units shall be attached to the primary structure and the total floor area on each lot, including accessory dwelling units and the agricultural buildings, shall be no more than 8,250 square feet. 5 17. The final plat shall show a dedicated easement for the existing irrigation ditch along the west side of Hooks Lane in the vicinity of Lot I and Lot 2. 18. Appropriate conifer and evergreen trees shall be incorporated into the design guidelines to soften the view of the structures of the subdivision. 19. It shall be reflected on the final plat that if agricultural buildings are approved on the Pitkin County portion of this property, the agricultural building envelopes proposed in Eagle County shall be eliminated. 20. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. THAT, the Board hereby approves the Emma Farms Land Use Summary dated July 5, 2006, and attached hereto as Exhibit "B"; and THE BOARD further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the lOlV day of 6u 0 e,~ , 2006, nunc pro tunc to the 17th day of July 2006. ATTEST: y: 6 Commissioner J.. seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Arn M. Menconi Commissioner Peter F. Runyon This Resolution passed by of Eagle, State of Colorado. vote of the Board of County Commissioners of the County 7 Exhibit "A" PROPER1Y DESCRIPTION A PARCEL OF LAND SITUATE IN THE SOUTH 1/2 OF SECTIONS 10 AND 11 AND IN A POR110N OF TRACTS 56 AND 57 TOWNSHIP 8 SOUfH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PAR11CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT 1 TRACT 65, A OLD BRASS CAP IN PLACE; THENCE Noo057'33"W 39.62 FEET TO THE TRUE POINT OF J:1EGlNNINGi THENCE N01 o02'06"W 809.20 FEET; 11fENCE N25044'00"W 1545.00 FEET; THENCE N89014'00"E 652.00 FEET; THENCEN88049'04"E 149.16FEETTOA PO/NTON THE WES7"ERLY UNE OF THE AMENDED PLAT OF LOTS 5 AND 6 RED ROCK RANCH SUBDIVISION RECORDED NOVEMBER 9, 1993 AS RECEPTION NO. 520550; THENCE ALONG SAID AMENDED PLAT S62007'25"E 2842.14 FEET TO A POINT ON THE WES1ERLY RIGHT-OF-WAY OF HOOKS LANE; 11fENCE DEPAR17NG SAID WES7"ERLY UNEANDALONG SAID RIGHT-OF-WAY Sooo52'21"E 852.93 FEET; THENCE DEPARTING SAID RIGHT -oF- WAY S89019'45"W 2641.15 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 105.754- ACRES MORE ORLES$. AND A TRACT OF LAND SIroATE IN THE SWl/4 OF SEC110N II, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN. COUNTY OF EAGLE, STATE OF COLORADO SAID TRACT OF LAND MORE PAR11CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT 3 OF TRACT 58 AN ALUMINUM CAP LS NO. 31143 IN PLACE THENCE Nooo52'21"W 478. 96 FEET ro THE TRUE POINT OF BEG.INNING; THENCE S89019'45"W 34.48 FEET; THENCE Nooo52'21"W 852.93 FEET; THENCE S62007'25"E 39.33 FEET; THENCE Soo052'21"E 843.13 FEET TO THE TRUE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINING 0.668 ACRES MORE OR LESS. !j# iI IiI " f~~ i .tI J H~ f~f ~~ If !3iI ~ ~ ; ; ~ 2 ~ ~ ... ~ a- m E E ~ en CD tn :) " c m ..J tn E a- m u. m~ E~ E~ W- i :::J .. > ""')" t ~ .. .. t ~ '" ... ,. ,. ~ ~ l ~ ~ 'i, 8 N ~ ~ ~ ... -i d ~ ~ Q; l:l ci ... 0 &ri o N ..j ~ oi N 'I c iiiiifll / " " ..~ ~ \.~ '" "i>,\ Exhibit "B" ~ .... ., ; ! ol S . f I .. ;