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HomeMy WebLinkAboutR12-031 White Morris Subdivision Special Use Permit J COUNTY 201205674 Pgs: 9 08:45:08AM 03/23/2012 REC: $0.00 DOC: S II I 11 1111 III 11111 II 11 11 1 1 11 Commissioner T-t,s -- moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012- 0 31 APPROVAL OF A SPECIAL USE PERMIT FOR THE "WHITE- MORRIS CONSERVATION SUBDIVISION' FILE NO. ZS -3514 WHEREAS, on October 14 2011, the Applicant, Daryl and Rebecca White, submitted a request to the Board of County Commissioners (hereinafter the "Board ") to amend the Official Zone District Map for the "White- Morris Property" in Basalt, Colorado, and; WHEREAS, the Applicant specifically requests to rezone approximately 10 acres known as the "White -Morris Subdivision" from the Resource (R) Zone District to the Agricultural Limited (AL) Zone District and; WHEREAS, at a public hearing held on December 22, 2011, the Roaring Fork Regional Planning Commissionrecommended denial of this file by a vote of 3:1 WHEREAS, at a public hearing held by the Board on January 24, 2012, the Board reviewed evidence not to approve the request with one condition, and directed staff to prepare a Resolution of approval. NOW THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the Planning Commission deliberations, and comments from all interested parties, the Board finds as follows: 1. That proper publication and public notice of this application was provided as required by law for the hearings before the Planning Commission and the Board. 2. As required by Eagle County Land Use Regulations Section 5 -250.B Standards for the review of a Special Use Permit: 1 [1] Section 5- 250.B.1. Consistent with Master Plan. The proposed Special Use IS appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, and related sub -area master plans. [2] Section 5- 250.B.2 Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. [3] Section 5- 250.B.3 Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. [4] Section 5- 250.B.4 Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands. The Special Use WILL avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration. Adverse impact on surrounding lands regarding noise and traffic, WILL NOT create a nuisance. [5] Section 5- 240.F.3.e (5) Design Minimizes Environmental Impact. The proposed Special Use CAN fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, and it WILL NOT cause significant deterioration to scenic resources. [6] Section 5- 250.B.6 Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. [7] Section 5- 250.B.7 Site Development Standards. The proposed Special Use, as conditioned, DOES fully comply with all the appropriate standards in Article 4, Site Development Standards. [8] Section 5- 250.B.8 Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: 2 THAT the Special Use Permit for the 9 acre White - Morris Conservation Subdivision as hereinabove described be approved, subject to the following conditions, and provided that failure of the Applicant to fulfill and continue to abide by any such condition shall be the basis for revocation or modification of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The applicant shall execute, and they and their successors in interest to the property shall abide, by the Management Plan and Declaration of Covenants and Conditions attached hereto as Exhibits A and B respectively. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Z 0 th day oft/LW-120_44, , 2012. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: o` �c Vit � By : Tr►.i ge: Teak on ! • c . Peter F. Runyon, C . irman Clerk to the Board o otoRA °o County Commissioners �,`► L .��i By: A on 'tavney, Com ssioner By: j ack f7.cp„ Sara J. Fisher, ommissioner Commissioner 511-- a4 --`1 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Vi-L„ Commissioner Jon Stavney Commissioner Sara J. Fisher Page 3 of 4 This Resolution passed by 7) l b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 4 of 4 White Morris Conservation Property Management Plan A. Introduction B. Permitted Uses C. Conservation Tract and Riparian Area Stewardship D. Responsibility for Compliance with Plan E. Enforcement A. Introduction The property (the "Property ") encompassed by the White Morris Conservation Subdivision (the "Subdivision ") is comprised of approximately 10 acres of land located approximately seven (7) miles east of Basalt, Colorado on the Frying Pan River. The objective of the present owners (the "Owners ") of the Property in creating the Subdivision is to allow its continued residential uses while permanently protecting open space and natural resources of the property for the benefit of present and future residents of the Subdivision and the citizens of Eagle County. The site consists of two residential building envelopes and one larger conservation tract. The building envelopes (the "Lots ") total 39,638 square feet in size, or less than 10% of the site. The Conservation Tract (the "Tract ") comprises over ninety percent (90 %) of the property, and effectively protects the connectivity of upland areas, a spring seep channel, and the riparian zone along the Frying Pan River. Both Lots and Conservation Tract are depicted on the Final Plat of the Subdivision, recorded in the real estate records of Eagle County. The purpose of this Management Plan (the "Plan ") is to assure that the Tract is preserved in accordance with the provisions herein for the management and maintenance of such lands. Compliance with the provisions of this Plan is a continuing condition of Eagle County's (a) rezoning of the Property from R (Resource) to AL (Agriculture Limited), (b) approval of the Property as a Conservation Subdivision, and (c) approval of a Special Use Permit for such development and use of the Property. The provisions of this Plan may be enforced by Eagle County, in its absolute discretion, by any owner of any lot in the Subdivision or by any owner of property in Eagle County, by action in the District Court for Eagle County, Colorado. This Plan can only be amended or terminated by agreement of Eagle County and all Property Owners. White Morris Conservation Subdivision Conservation Property Management Plan February 20, 2012 Page 1 of 5 Execution of the Plan shall constitute a binding commitment by the Owners to permanently preserve the Tract as conserved land. Purchasers of individual lots in the Subdivision ( "Purchasers ") will take title to the Property subject to the Plan and will be bound by the provisions of the Plan and that each such Purchaser will require that any successor to their interest in the Property execute such a writing. The Final Plat of the White Morris Conservation Subdivision contains a Note advising prospective purchasers of lots in the Subdivision that the Tots are subject to the provisions of this Plan. B. Permitted Uses The following are permitted uses in the Subdivision. Residential Building Envelope: Conservation Tract: • Primary Dwelling unit only • Uses pursuant to Article 3: • Other residential uses permitted as a Zone District Standards "use by right" or "Limited Review" and Section 5 -295 pursuant to Article 3: Zone District Conservation Subdivision Standards of the Eagle County Land Use of the Eagle County Land Regulations. Uses available as a Use Regulations "Special Use Permit" may require • Weed Mitigation additional process and review by Eagle • Wildfire Mitigation County. • Irrigation of Pasture • Weed Mitigation • Passive recreation • Wildfire Mitigation • Access /roadway and • Irrigation of Lands improvements • Access /driveway and improvements • Drainage and • Landscaping improvements • Drainage and improvements • Utility installation and • Utility installation and maintenance maintenance • Leach fields and septic Total Permitted Density: 2 Residential Dwelling Units C. Conservation Tract and Riparian Area Stewardship The owners of the Subdivision recognize the importance of -good resource management and stewardship to preserve and protect the Conservation Tract in a natural condition with limited disturbances. Upland areas of the Conservation Tract, mostly located above the old access road and outside of the narrow P &M Spring seep, are restricted to the limited uses identified in the Eagle County Land Use Regulations, White Morris Conservation Subdivision Conservation Property Management Plan February 20, 2012 Page 2 of 5 pursuant to Section 5 -295 Conservation Subdivision, in existence upon the date of this Plan. Existing uses include constructed access road easement (including bridge) and utility areas, individual septic systems and reserve leach fields, water cistern and piping, irrigation improvements, fruit orchard, gardening and pasture. The riparian zone adjacent to the Frying Pan River is important to wildlife and the health of the fishery and aquatic environment. To this end, the following activities are prohibited within seventy -five feet of the high water mark of the river and spring seep channel in order to protect the natural resource values of the conservation tract: • All vegetation shall be left undisturbed in its natural state in riparian and wetland areas of the Conservation Tract. Native vegetation will be maintained, and as necessary, replanted to maintain shade, buffer runoff, and create habitat. • Pesticides and fertilizers shall not be utilized in the 75 -foot setback. • Jurisdictional Waters of the U.S., including wetlands, fens, etc. may not be filled without direct compensation on site. • No manicured lawn shall be permitted in the conservation tract, or in the seventy -five foot setback from the Frying Pan River. Noxious weed mitigation is permitted. • The natural channel created by the spring seep shall be maintained with no vegetation removed. Additionally, on all areas of the property (including residential building lots), the following protective wildlife restrictions apply: • Trash of all kinds, but especially food waste, shall must be contained in wildlife -proof receptacles and be kept in a building, as specified by Eagle County Land Use Regulations. Trash shall not be left outside overnight prior to collection. • Pets shall only be fed indoors or in a fully enclosed run. All dog runs and pet enclosures shall include a restrictive roof or fenced top over said enclosures to protect dogs and prevent conflicts with wildlife. • Composting of food waste is prohibited. • Hummingbird feeders shall not be accessible from the ground. • Barbeque grills, if outdoors, shall be cleaned of food waste. • During construction of any kind, food waste and construction waste shall not be intermingled in the same debris box. Food wastes shall be disposed of in a bear -proof container or taken off site. • Fencing over 48- inches in height shall not be permitted anywhere White Morris Conservation Subdivision Conservation Property Management Plan February 20, 2012 Page 3 of 5 on the property as it creates an obstacle to wildlife. • Feeding, baiting, salting or other means of attracting wildlife to the property is strictly prohibited. Long -term stewardship and management goals include preserving soil productivity, maintaining natural stream channels, preventing soil erosion, minimizing invasive species, and avoiding unsustainable livestock grazing practices. The construction and maintenance of agricultural ditches, stock ponds, wells or other agricultural water features is permitted. E. Responsibility for Compliance with Plan Owners of property within the Subdivision shall be responsible for maintenance, monitoring and enforcement of the Plan. The Plan shall be a servitude running with the land in perpetuity. The provisions of the Plan apply to the Owners, Purchasers and any and all successors in interest to the Owners or the Purchasers, provided, however, that each such person's or Owner's entity's rights and obligations under this Plan shall terminate as to such person or entity, but not as to such party's successor in interest, who shall be bound, as provided herein, upon a transfer of the person's or entity's entire interest in the Subdivision, except that liability of such transferring party for acts or omissions occurring prior to such transfer shall survive the transfer. F. Enforcement Eagle County shall have the right to prevent and correct or require correction of violations of the provisions of this Plan by appropriate action to enforce them. In those cases where Eagle County determines that entry is required to inspect for, prevent, terminate, or mitigate a violation of the Plan, Eagle County may enter the Subdivision without advance notice. Where appropriate, Eagle County shall provide prior written notice to the owners of the nature of the alleged violation. Upon receipt of said notice, the then owners shall immediately cease the alleged violation and (a) if necessary, restore or remediate the Property to its condition prior to the violation; or (b) provide a written plan for restoration and remediation of the Property acceptable to Eagle County; or (c) provide written documentation, acceptable to Eagle County, that the activity is permitted and is not a violation of the Plan. Any reasonable costs incurred by Eagle County in enforcing the provisions of the Plan against the owners, including, without limitation, costs and expenses of suit, and attorneys' fees and any costs of restoration White Morris Conservation Subdivision Conservation Property Management Plan February 20, 2012 Page 4 of 5 necessitated by the owners, shall be borne by such owners. In the event the deciding body determines that Eagle County has acted in bad faith in seeking to enforce the Plan, each party shall be responsible for their own costs. The parties will share equally in any mediation fees. Eagle County's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Enforcement of the terms of this Plan shall be at the discretion of Eagle County and the failure of Eagle County to discover a violation or to take action shall not waive any of Eagle County's rights, claims or interests in pursuing any such action at a later date. White Morris Conservation Subdivision Conservation Property Management Plan February 20, 2012 Page 5 of 5