HomeMy WebLinkAboutR07-131 Emma Farms Variance ApprovalCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2007 - I
APPROVAL OF A PETITION TO GRANT A VARIANCE
FROM THE IMPROVEMENTS STANDARDS
ESTABLISHED IN SECTION 4-620.B
OF THE EAGLE COUNTY LAND USE REGULATIONS
FOR EMMA FARMS
File Number VIS-0031
WHEREAS, Emma Farms, LLC, (hereinafter "Applicant"), submitted to the Eagle
County Engineering Department a petition for a Variance from the requirements of Section 4-
620.B of the Eagle County Land Use Regulations (the "ECLUR") for the Emma Farms
Subdivision on or about September 14, 2006; and
WHEREAS, the specific variances are from the requirement for two points of access to
the proposed development on the site, and turnaround length; and
WHEREAS, in addition to the VIS application, Emma Farms, LLC, also submitted
applications for approval of a Zone Change from the Resource (R) Zone District to the
Agricultural Residential (AR) Zone District and for a Subdivision Preliminary Plan for the
Emma Farms Subdivision, File Nos. ZC-00083 and SUP-00009, respectively; and Resolution
N0.2006-001 recorded as Reception N0.200600345; and
WHEREAS, Emma Farms Subdivision is 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, 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, the Board of County Commissioners ("the Board"), conducted a public
hearing on October 31, 2006, to consider the Applicant's VIS petition; and
WHEREAS, the Board, has considered all the evidence, exhibits and arguments
presented at and prior to the hearings, and
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WHEREFORE, based on the evidence presented, the Board fords that the Applicant's
petition meets the intent of Section 5-260.G which governs the granting of a Variance permit
from the Improvements Standards of the ECLUR:
NOW, THEREFORE be it resolved by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT, on balance, the benefits to the developer of granting the variance outweigh the
adverse impacts to people and lands affected by granting the variance.
THAT, the Board hereby approves the Applicant's petition for a variance from the
requirements of two points of access with the following conditions:
A note shall be added on the final plat of Emma Farms stating that, in the event any
additional subdivision to any of these properties is approved, the issue of dual access is to
be revisited to assure the health, safety and welfare of the public.
2. The application specific to the Eagle County portion with the submitted plans produced
by Colorado River Engineering and the Eagle County "Design Guidelines which have
been prepared specifically for Lots 1 through 5" is acceptable to the Fire District
provided the following conditions are complied with:
a. An additional hydrant is installed along the intersection of Hooks Lane and Lot
1;
b. In discussions with the Engineer, Nathan Bell, it is feasible to tie off the hydrant
located at the curve west of Lot 1 and extend the line out to the intersection. This
will allow responding firefighters to be within hose laying distance toward Lot 2
as well as provide an additional option of safety for fire suppression within the
existing ranch complex;
c. Exhibit K Section B, 3,b of the Design Guidelines shall be amended to read, "All
newly constructed structures shall be required to install approved automatic
sprinkler systems." For the most part all residences and detached structures
deemed accessory to residential use, such as garages would be sprinkled to the
modified 13-D design as amended by the Eagle County Building Department;
d. Exhibit K Section A, 6 below the Statement, "Prior to the start of residential
construction or the storage of combustible residential construction materials on
the site", shall be amended to read, "The water storage tanks for emergency
manual fire suppression shall be installed in the emergency tank easements
located south of Lot 1 and southeast of Lot 5 per the following detail;
e. Exhibit K Section B, 3, c shall be added stating, "For Lot 3 any fire department
recommendation for individual structure water supply and storage shall be
accessible to fire department vehicles from the exterior of the structure through a
Fire Department approved mechanism (such as a dry hydrant). The fire
protection district prior to building application for such project shall determine
the amount of storage capacity;
£ Exhibit K should have the following additional statement. "The tanks shall be
kept full, maintained, and serviceable for emergency use at all times. Annual
testing shall be conducted on the dry hydrant system to ensure operational
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readiness. Testing and maintenance shall comply with the provisions of NFPA
25, Standard for the Inspection, Testing, and Maintenance of Water Based Fire
Protection Systems."
g. The Code Adoption of the Basalt and Rural Fire District as well as Pitkin County
both require that all buildings over 5,000 square feet in area be sprinkled with an
approved automatic sprinkler system. Considering the potential for large
buildings being allowed for this application we require that this be part of the
final plat.
THAT, the Board of County Commissioners directs the Engineering 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.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day of
.2007.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held this day of , 2007, nunc pro
tunc to the 31~' day of October, 2006.
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ATTEST:
BY:
'weak J. Simonton
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO, By and
is BOARD OF TY COMMISSIONERS
o~
~ BY:
~ ~ Arn nconi, Chair
~o1.o~p~ 0 ~
Commissioner seconded adoption of the foregoing resolution. The roll having been called,
the vote was as folio s:
Commissioner Arn M. Menconi
Commissioner Sara J. Fisher
Commissioner Peter F. Runyon
This Resolution passed by ~ vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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