HomeMy WebLinkAboutR22-061 Approval 77 Bellyache Ridge File No. SMA 9154-2021 DocuSign Envelope ID:03B7FA93-57EF-42F0-815C-CDA3D2165765
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Commissioner scherr moved adoption c o
of the following Resolution: N N 4
O C M
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO o
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RESOLUTION NO. 2022 -_061 o 0
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RESOLUTION APPROVING A MINOR A SUBDIVISION
FOR o a o�w o
77 BELLYACHE RIDGE w Q a Q CI
FILE NO. SMA-9154-2021
WHEREAS, on or about March 25, 2021, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Mervyn Lapin Revocable Trust (hereinafter the
"Applicant") for the purpose of creating one (1) legal lot through a Minor A subdivision process,
located in the Commercial Limited Zone District in the unincorporated area of Eagle County
more particularly described as follows:
A parcel of land in Tract 49 of Sections 14, 15, 22, and 23 of Township 4 South, Range
83 West, of the 6th P.M., Eagle County, Colorado, being more particularly described as
follows:
Beginning at a point which bears North 0 Degrees 05 Minutes 30 Seconds West, 2419.40
feet to the intersection of the north right-of-way line of Interstate 70 and the East line of
said Section 22 and North 56 Degrees 22 Minutes 00 Seconds West, 33.30 feet along said
North right-of-way and North 52 Degrees 02 Minutes 30 Seconds West, 444.10 feet along
said North right-of-way from the East Quarter Corner of said Section 22; thence North 52
Degrees 02 Minutes 30 Seconds West 535.00 feet to the intersection of said North
right-of-way line and the East right-of-way line of an access road; thence along said
access road North 32 Degrees 41 Minutes 00 Seconds East, 331.90 feet; thence North 28
Degrees 32 Minutes 30 Seconds East, 215.30 feet; thence on a curve to the left having a
radius of 552.50 feet; a central angle of 7 Degrees 47 Minutes 00 Seconds, a length of
75.06 feet; thence on a non-radial line South 74 Degrees 02 Minutes 39 Seconds East,
520.00 feet; thence South 28 Degrees 26 Minutes 39 Seconds West, 821.68 feet to the
point of beginning, County of Eagle, State of Colorado containing 8.459 acres more or
less; otherwise known as 77 Bellyache Ridge Road, (hereinafter the "Property"); and
WHEREAS, the Applicant requested approval of a Minor A Subdivision (Eagle County
File No. SMA-9154-2021) to create one (1) legal lot through a Minor A Subdivision process to
create an approximately 8.45 acre lot; and
WHEREAS, notice of the Minor A Subdivision was given to all proper agencies and
departments as required by Section 5-210.E, ECLURs—Notice of Public Hearings; and
DocuSign Envelope ID:03B7FA93-57EF-42F0-815C-CDA3D2165765
WHEREAS, public notice was posted in a newspaper of general circulation and said
notice was sent to all adjacent property owners as required by the Section 5-210.E, —Notice of
Public Hearings, ECLURs; and
WHEREAS, at its meeting on June 27, 2022, the Board of County Commissioners
(hereinafter "the Board") considered the proposed Minor A Subdivision; associated plans; the
statements and concerns of the Applicant, the Eagle County Community Development staff, and
other interested persons; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County
Community Development Department, comments of public officials and agencies, and
comments from all interested parties,the Board finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearing before the Board.
2. That pursuant to ECLURs Section 5-290.G.1 - Standards for the review of a Minor A
Subdivision, all standards required for the Minor A Subdivision have been met as
required by the ECLURs as follows:
a. Consistent with Comprehensive Plan. The proposed subdivision IS in
substantial conformance with the purposes, intents, goals, and policies of
the Eagle County Comprehensive Plan, Area Community Plans, and any
applicable ancillary County adopted documents pertaining to natural
resource protection, affordable housing, or infrastructure management.
Specifically, the Application complies with the 3.2 General Development,
3.2.3 Growth Policies, 3.3 Economic Resources, 3.3.2 Economic Vision
Policies, 3.3.4 Commercial Development, 3.5 Infrastructure and Services
and 3.5.3 Emergency and Community Services of the Eagle County
Comprehensive Plan by fostering a more organic development pattern
with small scale community services rather than a large impact
development as the PUD would have allowed. Additionally, the Applicant
is ensuring that future development on the lot will be carefully monitored
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by the County.
b. Consistent with Land Use Regulations. The proposed subdivision
DOES 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. If future development occurs on the property, site
development will be subject to review in accordance with the Eagle
County Land Use Regulations.
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DocuSign Envelope ID:03B7FA93-57EF-42F0-815C-CDA3D2165765
c. Spatial Pattern Shall Be Efficient. 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.
(1) Utility and Road Extensions. Proposed utility extensions ARE
consistent with the utility's service plan or shall require prior
County approval of an amendment to the service plan. Proposed
road extensions shall be consistent with the Eagle County Road
Capital Improvements Plan.
(2) Service Ultimate Population. Utility lines ARE sized to serve
the planned ultimate population of the service area in order to both
avoid future land disruption, and the necessity of upgrading
undersized lines.
d. Suitability for Development. 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
improvements to the area.
e. Compatible with Surrounding Uses. The proposed subdivision IS
generally compatible with the existing and currently permissible future
uses of adjacent land and other substantially impacted land, services or
infrastructure improvements.
f. Improvements Agreements. This subdivision DOES NOT require any
Improvements Agreement.
g. Conformance with Final Plat Requirements. This subdivision DOES
conform with the Final Plat requirements and other applicable regulations,
policies, standards, and guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the Minor A Subdivision Application, located in the Commercial Limited, Zone
District, on the Property located in the unincorporated area of Eagle County described herein,be
approved.
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DocuSign Envelope ID:03B7FA93-57EF-42F0-815C-CDA3D2165765
THAT, the Board directs the Planning Division 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 19th day of
July , 2022, nunc pro tunc to the 27th day of June, 2022.
DocuSigned by:
� �� COUNTY OF EAGLE, STATE OF
�� COLORADO, By and Through Its
�o�onn� BOARD OF COUNTY COMMISSIONERS
ATTEST: , —DocuSigned by: ,—DocuSigned by:
rtlittlUt 0215VitiA, By: C l Q
Clerk to th U tiM6440 5,eanneclgicQueeney
County Commissioners Chair
Kathy Chandler-Henry
Commissioner
DocuSigned by:
n�4 1 ( ('A i^
szthenn73..
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Absent
Commissioner Scherr Aye
This resolution passed by 2/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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