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HomeMy WebLinkAboutMinutes 06/09/05 SPECIAL PUBLIC HEARING June 9, 2005 Present: Am Menconi Peter Runyon Tom Stone Keith Montag Diane Mauriello Don DuBois Chairman Commissioner Commissioner Acting County Administrator County Attorney Deputy Clerk to the Board This being a Special Public Hearing, the following item was presented to the Board of County Commissioners for their consideration: Planning File VIS-0027 - Loftworks Phillip Bowman, Engineering ACTION: This is a petition for a Variance from Improvement Standards in accordance with Section 5-260G ofthe Eagle County Land Use Regulations. Specifically, the applicant, Edwards Development would like a variance from the requirement to provide two points of access to the development. LOCATION: Center of the Edwards Community Center, immediately north of the Homestead Subdivision and east ofthe South Forty Subdivision. The subject site abuts U.S. Hwy. 6 on the north. TITLE: FILE NO.: Variance from Improvement Standards for Loftworks VIS-00027 OWNER: Edwards Development APPLICANT: Edwards Development REPRESENTATIVE: Tom Braun, Braun Associates STAFF RECOMMENDATION: Approval with Conditions PROJECT DESCRIPTION SUMMARY: This is a petition for a Variance from Improvement Standards in accordance with Section 5-260 G of the Eagle County Land Use Regulations (ECLUR). Specifically, the applicant, Edwards Development, is requesting a variance from the requirement of providing two points of access to the proposed development on the site. The applicant has defined the Loftworks project as having a maximum of 14 single family dwelling units on an unplatted lot immediately east of the South Forty subdivision. The proposal has legal access from US 6 through Bull Run and Lariat Loop in the South Forty subdivision (Figure 1). Bull Run and Lariat Loop are approximately 20 to 24 foot wide gravel roads owned and maintained by Eagle County. These two roads do not meet the current Eagle County standards, which include two ten foot paved lanes, curb and gutter, and pedestrian facilities. In addition, Bull Run is in poor condition and requires more maintenance than other gravel roads. Washboarding is an on-going problem because of the steep grade and large amount of existing traffic. As a result, Eagle County has to grade it out more frequently than many other roads of similar construction. The presence of a series of small springs and the steep grade along Bull Run creates drainage issues on the south side of the road and also increases the maintenance requirements. This amended application contains one request, which is a decrease from the original application that included three requests. The variance request is from the improvement standard that requires two points of access to a development. The applicant is requesting a variance from this requirement because of topographic constraints on the subject property. 1 6/9/05 Per Section 5-260 G, Variance from Improvement Standards, the Board of County Commissioners is the authority that decides Variance from Improvement Standards. Prior review by the Planning Commission is not stipulated in the ECLUR. CHRONOLOGY: 1977 - South Forty Subdivision is platted 1981- Homestead Filing No.1 is platted, creating Lots 29 & 30 on Cassidy Place 1990 - A 50' Road Right-of-Way is dedicated to Eagle County between Lots 29 & 30 from Cassidy Place to Lariat Loop with a Quit Claim Deed 1993 - Re-p1at of Lots 29 & 30, creating a new "20' Emergency Vehicle Access, Utility, and Drainage Easement" and vacating the 50' Road Right-of-Way created in 1990 1996- Homestead Filing No.2 is platted SITE DATA: Surrounding Land Uses / Zoning: East: US 6 and The Reserve Condominiums West: South Forty Subdivision North: US 6 and The Reserve Condominiums South: Homestead Filing 2 Existing Zoning: Total Area: Water: Sewer: Access: Residential Suburban Low Density 7.5 acres Public Public Lariat Loop STAFF REPORT REFERRAL RESPONSES Ea2le County Plannin2 Department The Planning Department provided comments in a Memorandum dated May 19,2005, on the amended application. The Planning Department had no concerns with the variance request, as long as the applicant addresses any concerns raised by the Eagle River Fire Protection District and the Eagle County Engineering Department. South Fortv Home Owners Association The South Forty Home Owners Association provided comments in an undated letter from Kirk Aker, South Forty HOA President. The letter outlined numerous concerns and questions about the variance request, including the size limitations of the 14 single family homes, allowance for accessory dwelling units on the homes, wildfire concerns on the proposed development site, and the possibility of a second point of access through Homestead Filing No.2. The letter further indicated that the South Forty HOA "is adamantly opposed to any dual access proposal that would allow direct, unfettered access to the Homestead Subdivision through the South Forty neighborhood." Homestead Owners Association The Homestead Owners Association provided no written comment on the amended application. In telephone conversations with Tracy Erickson, General Manager of the Homestead Owners Association, a concern was indicated about the physical constraints and feasibility of using the 20' easement between Cassidy Place and Lariat Loop, given the direct proximity of the existing homes on each side of the easement. Ea2le River Fire Protection District The Eagle River Fire Protection District (ERFPD) provided comments in a Memorandum dated May 31,2005, on the amended application. The following concerns were raised: 1. The amended application which limits the development of the site to 14 single family units with no home business component lessens the concern for impact to the existing roads. 2. The ERFPD continues to support improvement of the Emergency Access between Cassidy Place and Lariat Loop. 2 6/9/05 Additional discussions with Carol Gill-Mu1son of the ERFPD have indicated that the fire department would support a condition of approval that would require improvement of Bull Run Road and Lariat Loop to meet county road standards, and improvement of the Cassidy Place emergency easement. A copy of the referral responses are attached in Exhibit A at the end of the staff report. No other referral responses have been received. DISCUSSION: This unplatted parcel is located in the Edwards Community Center. Its primary access from US 6 is via Bull Run Road and Lariat Loop in the South Forty subdivision. These are gravel roads that are owned and maintained by Eagle County. The South Forty subdivision was approved in 1977. The development requires a variance from the two points of access requirement in the ECLUR. The applicant seeks the variance because the site is constrained by a cliff to the north, a steep hillside and Homestead to the south and a gulch to the west. Eagle County requires two points of access for enhanced fire protection and emergency services access along with better traffic management and alternative routes in case of accidents and road closures. The development's proposed access is on Bull Run Road and Lariat Loop in the South Forty Subdivision. These are gravel roads with ditches and no pedestrian facilities. Bull Run Road is a sub-standard road because it is gravel, has a steep grade causing drainage problems and road degradation (i.e. washboarding), and has a large amount of traffic. In a previous memo dated March 24, 2005, the ERFPD identified several concerns with the single point of access because of the poor condition of the proposed access from Bull Run Road. The Eagle County Engineering Department shares the concerns of the ERFPD. The applicant can mitigate the impact of a single point of access to the Loftworks site by constructing two fundamental improvements. The first improvement would include paving the existing emergency access easement so that it is passable between Cassidy Place in Homestead and Lariat Loop in South Forty, and providing a coded gate to prevent non-emergency use of the access. In 1993, Eagle County was granted this emergency access easement and it is situated along the property line between Lots 29 and 30 of Homestead Filing 1 (Exhibit B). This will provide another means for emergency vehicles to get up the hill to the upper portion of South Forty and the Loftworks development in the event that Bull Run Road was to become impassible. The other improvements that would mitigate the impact of a single point of access to the Loftworks site is the improvement of Bull Run Road to current Eagle County standards for a "suburban residential road" from Higqway 6 to the intersection with Lariat Loop, and the improvement of Lariat Loop to current Eagle County standards for a "rural residential road" from the Bull Run Road intersection to the Loftworks access location. These improvements would include all necessary grading, subbase, drainage, asphalt paving, and curb and gutter. Both roads would need to be constructed to county standards in order to withstand the traffic impacts imposed by the proposed development. The improvement of Bull Run Road and that portion of Lariat Loop that connects to the Loftworks access point, in tandem with the paving of the emergency access easement at Cassidy Place, would provide mitigation for the second point of access requirement. STAFF FINDINGS: Criteria for Evaluation by the County En2ineer The County Engineer's responsibility in a variance application is described in Section 4-610 A.2. of the ECLUR. It states, in part, "The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that the normally anticipated user and maintenance costs will not be increased." The County Engineer may also recommend approval of an alternative "If an alternate design, procedure, or material can be shown to provide performance and/or environmental sensitivity that reflect community values equal or better than that established by these standards..." For this evaluation, Staff interpreted the standards in the ECLUR to represent the minimum acceptable level of "community values," since the ECLUR were adopted after extensive work and comments by the community. Criteria for Evaluation by the Board of County Commissioners The Board of County Commissioners' responsibility in a variance application is described in Section 5-260 G.2. of the ECLUR. It states in part: 3 6/9/05 "The Board of County Commissioners shall balance the hardships to the petitioner of not granting the variance against the adverse impact on the health, safety, and welfare of the persons affected, and the adverse impact on the lands affected." ['he Board may consider a hardship to be caused when the petitioner will be deprived of some or all of his right to use the land ifthe ECLUR is strictly followed. Staff Findin2s The applicant must demonstrate that the hardship of conforming to county standards exceeds the adverse impact to the affected lands and on the health, safety, and welfare of the persons affected if a variance from these standards is granted. The applicant can construct improvements that will mitigate the impact of having a single point of access, and the improvements will provide an acceptable level of safety throughout the neighborhood. These measures include improvements to Bull Run Road, Lariat Loop and the existing emergency access between Homestead and South Forty. A formal proposal (i.e. detailed construction plans) for the improvements to Bull Run Road, Lariat Loop and the emergency access has not been submitted by the applicant to the Eagle County Engineering Department for review. These improvements must be designed by a Professional Engineer licensed in the State of Colorado. The scope of the improvements must alleviate the issues on these roads, particularly Bull Run Road. Bull Run Road should be improved to the Suburban Residential Road standard outlined in the ECLUR, including two ten foot lanes and curb and gutter. The improvements to Bull Run Road will not include pedestrian facilities (sidewalks) due to topographic constraints, and will also be at the existing grade of the road which may exceed the maximum for the proposed road standard. It is anticipated that all other road standards can be met on the existing road cross section. Lariat Loop should be improved to the Rural Residential Road standard outlined in the ECLUR, including two ten foot lanes, mitigation of driveway impacts created by improvement, and re-establishment of the existing road side ditches. Since Lariat Loop is relatively flat and is not constrained by topography, drainage problems are not anticipated. Staff finds that the inclusion of the mitigation measures discussed above will provide for an acceptable level of safety throughout the neighborhood. Staff finds that granting the Variance from Improvement Standards for the two points of access will provide for a design that will perform well and reflect the community values established by these standards. Board of County Commissioners Findin2s The Board of County Commissioners must make the following findings in order to approve this file: 1. The property is encumbered by a topographical or other physical condition that prevents the applicant from satisfying these requirements. 2. The applicant has demonstrated a hardship if there is strict adherence to these requirements. 3. The applicant has demonstrated that the hardship of conforming to county standards exceeds the adverse impact to the affected lands and on the health, safety, and welfare of the persons affected if a variance from these standards is granted. DISCUSSION: Philip Bowman of Engineering presented this file to the Board. Using a PowerPoint presentation, he summarized the application for the Board and showed many photographs and maps. The applicant wishes to be granted a variance from the requirement of having two points of access to the site. He went over the existing conditions of the proposed site, detailing the road conditions. The secondary emergency access easement, if improved, would provide a benefit to South Forty and Homestead Subdivisions, as well as to the proposed Loftworks site. He went over the criteria, found in the Staff Report the Board needed to evaluate when deciding whether or not to grant the variance to the applicant. It is agreed that there is a potential hardship, as the property is ~onstrained by severe topography on three sides. Staff did make recommendations, found in the Staff Report, in order to mitigate adverse impacts to the property and the public, and Mr. Bowman detailed them. He went over the suggested findings that the Board make in order to grant the variance. Staff does recommend that the Board approve the variance request. 4 6/9/05 Commissioner Stone asked about the recommendation of paving Lariat Loop and if staff meant the entire road or not. Mr. Bowman stated that they recommended the applicant pave from the intersection of Bull Run Road to the Loftworks' access point only. Commissioner Runyon asked that a grass paver be described. Mr. Bowman stated that the sod is scraped to a 6-12 inch depth, sand or gravel base is laid, then a brick with holes in it is placed down, allowing the grass to grow around and through it. It hides the brick but allows the vehicles to travel over it safely. Commissioner Stone stated that the trade name is Grasscrete and gave examples of how it has been used in other areas of the County. Commissioner Runyon asked about snow removal from this easement. Mr. Bowman stated that it is not plowed in its current condition. He believes that there are some that are County-maintained, but there are others that are maintained by various homeowner associations. He would suggest that the Fire Protection District give a recommendation as to its degree on maintenance. Chairman Menconi asked Mr. Bowman to give a general background as to the purpose of a variance. Mr. Bowman showed the severe constraints that exist on the property. He stated that the standards provide for two points of access for all new developments, and the applicant is requesting a variance from this standard so that they may move forward with its development. Tom Braun, representing the applicants, spoke to the Board. He stated how the County Code, though it has thousands of requirements, does realize that there are problems that evolve, and allows for variance from these standards. They would like to get the assurance from the Board that this variance is necessary before they move forward with the detailed plans of their development that are very costly. He went over the variance standards, similar Mr. Bowman's presentation. He stated that this isn't the first variance request before the Board, nor will it be the last. He stated that this parcel will be limited to 14 single family homes and County Staff made a judgment based on that number, stating that the variance request was valid. He went over potential secondary access points and showed how they were impractical due to the severe slope and lack of ownership. He went over the emergency easement off Cassidy Place and showed how it would allow for secondary emergency access for South Forty and Homestead, as well as for Loftworks, but would not provide primary access to the Loftworks site. He went over similar situations that the Board has dealt with in the past: Heritage Park, Cordillera, Brett Ranch, and Cresta in Arrowhead. The applicant is prepared to accept the conditions of approval that were set forth by Staff, but brought up some questions for the Board to consider when granting the variance. Chairman Menconi asked the applicant to speak more about Conditions 1 and 2 for approval. Mr. Braun stated that they are fine with the conditions that Mr. Bowman and Staff set forth and agreed to the other limitations set forth. Chairman Menconi asked Keith Montag, Director of Community Development/Acting County Administrator to explain the Minor Type A Subdivision for the audience members. Mr. Montag stated that there are a set of criteria set forth in the Land Use Regulations that the Board must consider. If approved, it allows the applicant to move forward with a subdivision plan, of which there are several types. There would be standards met and findings that the Board would have to make in order to grant the Minor Type A Subdivision. Chairman Menconi asked if there were other options available, such as having the variance request at the same time as the subdivision request. Mr. Montag stated that could have been done. The applicant wants to separate the process in order to save money, should the Board decide to not grant the variance. Commissioner Runyon asked if the variance would have to be obtained, even if the applicant was only proposing two new residences. Mr. Montag concurred. Chairman Menconi opened public comment. He asked that the President of the South Forty Homeowners' Association speak first. Kirk Aker, President of the South Forty Homeowners' Association, spoke to the Board and addressed the letter that he had sent to the Board. Though the County addressed some of their concerns, the association believes that the County should ask for more information before they grant the variance. He then went over what the additional concerns ofthe South Forty Homeowners' Association were. Chairman Menconi asked why all of Bull Run and Lariat Loop should be paved. Mr. Aker stated that maintenance concerns would be a nightmare if only partially paved, and it is possible that the residents would take the direct route onto Lariat Loop, not the route suggested by Staff. They would like to 5 6/9/05 see eight homes, as it would match the density of their subdivision. Chairman Menconi asked if any conversation had been held between the association and the applicant. Mr. Aker stated that he received a call from Mr. Braun stating that they were proceeding with the variance. A1 Bosworth, resident, stated that he drives a fire truck and is concerned about the secondary emergency access easement. He is concerned about the angle of departure for the emergency vehicles, given the slope and the turning radius of the emergency vehicles. He is also concerned about traction on the emergency access, stating that the entire road and easements should be paved. Chairman Menconi asked ifhe was in favor of granting the variance. Mr. Bosworth wanted blueprinted drawings before he would take a stance. Chairman Menconi asked if the emergency access easement requirement was removed from the file, would Mr. Bosworth support the variance. Mr. Bosworth stated it was the Board's decision. Mike Valiant asked Mr. Montag if the secondary access would be needed if the density was the same as South Forty's. Mr. Montag stated it would be needed. Mr. Valiant concurred with Mr. Aker's statements. Ceil Fo1z stated that they understand the developer's concerns about money being spent, but stated that they will oppose this development unless it is consistent with their neighborhood. She reiterated Mr. Aker's paving request. Bill Wezwick echoed Mr. Aker's statements and referenced Carol Mu1son of the Eagle River Fire Protection District's concerns in her letter sent to the Board. Chairman Menconi asked Mr. Wezwick if this was an eight-unit request, would he be here in opposition to the variance request. Mr. Wezwick wanted the entire road paved, but agreed with the number mentioned. Terry Benedickt doesn't feel that traffic should be brought through their neighborhood to make an unusable piece of property usable. She has questions about the changes made to the application. She asked that the variance be denied. Lori Aker echoed Ms. Benedickt's statements. She would like to see a full application before a decision was rendered. Shi10y Sanders agreed with the previous speakers. She stated that there has been no communication between them and the applicant and wants density to be similar to South Forty. Rick Cook, the real estate broker representing the applicants, mentioned how, at the previous meeting, the South Forty Subdivision stated how they loved the dirt road and didn't want it paved, but now they did. He then talked about the secondary emergency access point and how it is not a new concept brought about with this application. He asked if the developers had the ability to separate the variance request from the Minor Type A request. Mr. Montag stated that they could do that. Chairman Menconi asked ifit was the applicant's choice to do that. Mr. Montage concurred. Mr. Cook stated that the residents will like the project when they see it, having worked with the developer on other projects. Carol Levine stated she would decline the variance without knowing the specifics of the development. Chairman Menconi asked Ms. Levine to be more specific. Ms. Levine feels that Chairman Menconi was concerned about the number of proposed homes more than the actual variance. Mr. Aker spoke again and felt that, if the developer came to them with a plan for eight units, they could work with him. Chairman Menconi closed public comment. Mr. Braun stated that he spoke with Mr. Aker about their intentions and no one asked for a further meeting to discuss plans. He doesn't feel the design of the plan will have any effect upon whether or not a variance is granted. He stated that he gave the 14 units number in order to give the County Staff a number to work with in evaluating their variance request. He addressed Mr. Bosworth's concerns and Ms. Mu1son's letter, stating that she agreed with the grass paver. The South Forty density request is contrary to the current Zoning, Master Plan, and compatibility. The proposed density level is 2/3 of what the current zoning permits. He asked how much they should be burdened to solve problems that have been in existence for 20-30 years. He asked that the Board look at the Variance request only. 6 6/9/05 Mr. Bowman addressed the emergency access and stated that the improvement would be subject to the review and approval of County Engineer and Fire Protection District. The stated concerns would either be eliminated or the variance request would go away. Commissioner Stone asked Mr. Braun if there would be a timing issue related to the paving of the roads with regards to water line improvements made by the Water District. Mr. Braun stated that Water District intends to upgrade the line and the paving time line could be coordinated with the Water District. Commissioner Stone asked if the Staff condition allows for variances in timings. Mr. Bowman stated that it would be part of the overall Subdivision Improvements Agreement. He is aware of the water line issues and would take that into consideration. Commissioner Stone asked about Condition #4 and the requirement of off-site improvements. He asked if there was a paving solution that could be met for the emergency access easement. Mr. Braun feels that they could, but it would not be a perfect solution. He referenced Ms. Mulson's letter stating that any improved access would be better than nothing. Mr. Bowman concurred and felt that any level of improvement is better than what is currently there. There is no set County standard to govern the level of acceptability, so it would be up to Ms. Mu1son and Engineering to be comfortable with the improvement. Commissioner Runyon stated that this variance is not tied to any limitation in the density or size of the buildings. He stated that this variance needed to be granted, even if the applicant only wanted to put one house on this property. This variance has no implication as to any final approval of a subdivision. He has concerns about the need for a secondary emergency access point and doesn't see the need for it, as it is a very limited fix at best. Chairman Menconi asked Mr. Braun about the zoning allowance for the property and where he got the information. Mr. Braun went over the details as to how they came up with the numbers and the processes that would be involved. He stated that maximum allowed is 21, but they are limiting themselves to 14. The Board doesn't have to accept that number, but they just want to be able to go ahead with their design. Chairman Menconi asked about the applicants' rights. Mr. Braun stated that it is not a vested right, but feels that if they meet the rules set forth, they should be approved, regardless of the numbers. Chairman Menconi asked Mr. Montag if the statements made by Mr. Braun were correct. Mr. Montag stated that zoning is based on the minimum lot size per unit, and it does equate to 21 units allowed by zoning. There are other factors that need to be looked at during the platting process that will ultimately result in the number of units that would be allowed on the property. Mr. Braun concurred with Mr. Montag's statements. Chairman Menconi asked if there is still a risk to the developer by separating this from the Minor Type A. Mr. Braun felt there was a bigger risk in not separating the two requests. Chairman Menconi asked Mr. Bowman, without knowing the specifics ofthe development, how they made a determination as to the needed improvements made to the road. Mr. Bowman stated he used the proposed 14 units, along with the South Forty numbers, in making his calculations when doing trip generations. He went over how he made the determinations that he did and made the road classifications that he made, Suburban Residential for a maximum of 750 trips per day. He detailed the calculations that were involved. Chairman Menconi asked why he only took the road paving up to Lariat Loop and not all the way around. Mr. Bowman stated that he took the most direct route to the access. He feels that there is some validity to the concerns voiced by the public. Chairman Menconi asked Mr. Montag if Condition #3 codified what would be expected for any road improvement, if the applicant were to go further for a Minor Type A. He was concerned about future improvements to Bull Run or Lariat Loop Road. Mr. Montag felt that they would have a better understanding once a formal application came before them. Mr. Bowman feels that this would be a minimum standard. The applicant would be required to perform a traffic study eventually. The traffic patterns will be hard to predict, as to which route people will access to the Loftworks site. He feels that a traffic engineer will conclude that most people will take the shorter route. Chairman Menconi asked Diane Mauriello, County Attorney, about Condition #2 and if it made no representation as to a pre-approval of the number of units allowed to be built. Ms. Mauriello concurred and stated that it only sets forth a maximum number. Commissioner Runyon asked Mr. Bowman if the paving requirement would be changed if the number of 7 6/9/05 proposed units would be lessened. He wondered if there were a specific number of units that would trigger the paving requirement. Mr. Bowman could not give an exact number. He stated that part of his decision was based on the number of units and part was based on the concerns listed by the fire department. The risk increases with each additional unit, but he could not give a number that would give an acceptable risk. Commissioner Runyon asked about the number of eight units that had been talked about. Mr. Bowman stated that standards require paving anything over 250 trips per day and went over the Rural Residential and Suburban Residential classifications. Eight units would probably still require paving, but probably not curb and guttering. Commissioner Stone clarified that paving would be required whether there be eight or fourteen units. Chairman Menconi feels that the applicant is taking a risk and believes that the variance should not blur any succeeding file. Mr. Braun reiterated that he is proceeding in this manner as a matter of sound economics. The Board concurred with the findings set forth by County Staff and believed that a hardship exists. Commissioner Stone believes, like Commissioner Runyon, that Condition #4 needs to be addressed regardless of this file and feels that it is in the best interest for South Forty and Homestead to improve it. As a result, he removed it as a condition of approval. Commissioner Stone moved that the Board of County Commissioners approve File Number VIS-0027, Loftworks request for variance from the requirement of two points of access with the following conditions: 1. 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 considered conditions of approval. 2. The applicant agrees that the maximum number of units developed on this site will be 14 single family homes with no "home business" component, accessory dwelling units, or other activities allowed that would increase traffic generation. 3. The applicant shall improve Bull Run Road to the Suburban Residential Road standard (excluding sidewalks and maximum grade requirements) and Lower Lariat Loop to the Rural Residential Road standard, with all design subject to the review and approval of the County Engineer. Complete drawings prepared by a Professional Engineer licensed in the State of Colorado shall be submitted and the applicant shall enter into a Public Improvements Agreement before any permits can be issued. Commissioner Runyon seconded the motion. He emphasized that 14 units are the maximum number allowed and has no implication on any future vote by the Board. Chairman Menconi stated that this is different from the Minor Type A request. He asked that there be future dialog between the applicants and the homeowners. The vote was declared unanimous. There being no further business to be brought before the Board, the me 'ng was adjourned until June 13,2005. 8 6/9/05