HomeMy WebLinkAboutR22-089 Variance from Improvment Standards Hell's Gate Ranch VIS 009227-2022 DocuSign Envelope ID:E58708AC-D135-45C8-918A-FA42E28A2F74
Commissioner chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022 - 089
APPROVAL OF THE VARIANCE FROM IMPROVEMENT STANDARDS FOR HELL'S
GATE RANCH
Eagle County File No. VIS-009227-2022
WHEREAS, on or about February 7, 2022, the County of Eagle, State of Colorado,
accepted an application ("Application") submitted by Hell's Gate Ranch, LLC; Oscar L. Tang;
and Daniel and Casie Ward ("Applicants") seeking a Variance From Improvement Standards
("VIS") for Skiff Road and Hell's Gate Road for access to the real properties and improvements
known as Parcels No. 1933-011-00-006, 1863-364-00-001, and 1933-011-00-003, all located in
the County of Eagle State of Colorado ("Properties"); and
WHEREAS, the Applicants desire to subdivide,the Properties into a total of 20 lots, each
35 acres or more; and
WHEREAS, while subdivision of the Properties into lots of 35 acres or more does not
necessitate approval from the Board of County Commissioners (the "Board"), Eagle County
Land Use Regulation ("ECLUR"), Division 4-6 - Improvement Standards establishes the
minimum design criteria and standards for infrastructure development in unincorporated Eagle
County to protect and promote the public health, safety, and welfare of the residents and visitors
of Eagle County and is applicable to all development within unincorporated Eagle County; and
WHEREAS, ECLUR Section 4-620 - Roadway Standards requires the access road
serving developments of more than three residences to meet Eagle County Roadway Standards
prior to the issuance of building or development permits; and
WHEREAS, Applicants desire to obtain development permits to make improvements on
the Properties in the future which are accessed by way of Hell's Gate Road and Skiff Road; and
WHEREAS, Hell's Gate Road and Skiff Road currently do not comply with ECLUR
Division 4-6 -Improvement Standards; and
WHEREAS, because Applicants desire to obtain future development permits for the
Properties, Hell's Gate Road and Skiff Road must either comply with ECLUR Roadway
Eagle County, CO 202217888
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Standards or receive a variance to improvement standards pursuant to ECLUR Section 5-260.G -
Variance from Improvement Standards; and
WHEREAS, under ECLUR Section 5-260.G - Variance from Improvement Standards,
Applicants proposed and requested approval of a VIS by the Board from ECLUR improvement
standards relating to roadway standards, specifically, those relating to dual access and geometric
standards for a Rural Residential road set forth in the ECLUR Section 4-620 - Roadway
Standards, as detailed in the Application and the Staff Report previously submitted to the Board;
and
WHEREAS, in accordance with the ECLURs, Section 5-210.E - Notice of Public
Hearings, notice of the proposed VIS was posted on the Property; mailed to all owners of
property adjacent to the Property concerning the subject matter of the Application; and pursuant
to the ECLUR, was duly published in a newspaper of general circulation throughout the County
concerning the subject matter of the Application and setting forth the date and time of meeting
for consideration of the Application by the Board; and
WHEREAS, the Board conducted a site visit on October 25, 2022 in order to view Hell's
Gate Road and Skiff Road and the surrounding topography and adjacent parcels; and
WHEREAS, at its public hearing held on October 25, 2022, following a tabling from a
public hearing held on September 13, 2022, the Board considered: the Application and the Staff
Report; a presentation from Eagle County Engineering Department staff; and statements and
concerns of the Applicants and all other interested parties, including members of the public; and
WHEREAS, at the conclusion of the hearing on October 25, 2022, it was moved,
seconded, and unanimously voted by the Board to approve the VIS with seventeen (17)
conditions, concluding after hearing and seeing the evidence presented in these proceedings
concerning variances from the ECLUR Section 4-620 - Roadway Standards that the hardship to
the Applicants from denial of the variances outweighed the adverse impact on the health, safety,
and welfare of persons affected and the adverse impact on the land affected.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, based on the evidence, testimony, exhibits, and study of the ECLUR and
Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of Eagle
County Engineering Department staff, the statements and concerns of the Applicants, comments
of public officials and agencies, and comments from all interested parties, the Board finds as
follows:
THAT, proper public notice was provided as required by law for the hearing before the
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Board; and
THAT, the the Board finds that the Application complies with the requirements and
standards set forth in ECLUR, Section 5-260.G - Variance From Improvement Standards, and
further finds that the hardship to the Applicant of not granting the requested variances to ECLUR
Section 4-620 - Roadway Standards, outweighs the adverse impact on the health, safety, and
welfare of persons affected, and the adverse impact on the lands affected; and
THAT, the hardship to the Applicants of not granting the VIS consists of an inability to
obtain future development permits for the Properties, the existence of 30% or greater slopes
preventing construction of fully compliant roads, and environmental, scenic, and hazard impacts
that would be caused by the construction of fully compliant roads; and
THAT, the hardship outweighs the the adverse impact on the health, safety, and welfare
of persons affected and the adverse impact on the lands affected because adverse impacts will be
minimized through the construction and improvement of Hell's Gate Road and Skiff Road to
standards promulgated by the American Association of State Highway and Transportation
Officials and the International Fire Code and to ensure functionality of Hell's Gate Road and
Skiff Road consistent with ECLUR Section 4-610.A.2 - Standards Are Not Inflexible, which
allows alternate designs where the alternate design can be shown to provide performance and/or
environmental sensitivity which reflects community values equal to or better than the ECLUR's
Roadway Standards; and
THAT, the above-described Application for the VIS be and is hereby APPROVED as to
each variance relating to dual access and geometric standards for a Rural Residential road set
forth in the ECLUR Section 4-620 - Roadway Standards, subject to the following conditions
which are necessary to ensure that the hardship of not granting the requested variances is not
outweighed by the adverse impact on the health, safety, and welfare of persons affected and the
adverse impact on the lands affected:
1. Final construction documents must comply with all ECLUR standards not specifically
varied by this VIS.
2. All future road improvements shall be completed under a County issued grading or
building permit. The construction plans submitted for permit must be stamped by a
professional engineer licensed in the State of Colorado.
3. At the completion of road construction, the engineer of record shall submit a certification
letter and record drawings of the completed road improvements. If the improvements are
phased, the certification letter must specify the exact station to which improvements have
been made.
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4. Construction of the proposed improvements may be performed in phases, but permits for
traffic generating development will not be issued for any lot unless the road is improved
up to the individual lot owner's point of access.
5. Future individual driveways to individual lots are identified in the Application but have
not been evaluated for conformance with standards. Property owners will need to locate
and design driveways in conformance with all applicable standards in effect at the time of
building permit application.
6. Individual building sites for individual lots are identified in the Application and have not
been evaluated for conformance with standards. Property owners will need to locate and
design structures in conformance with all applicable standards in effect at the time of
building permit application.
7. The VIS will serve primary single family homes, accessory dwelling units, customary
accessory residential uses, and agriculture and customary accessory agricultural buildings
on the Properties and does not extend to any other traffic generating uses. Lots 12, 13, 14,
15, 16, and 17, as represented in Appendix G-1 of the Application, shall be restricted to
one single family home, customary accessory residential uses, and agriculture and
customary accessory agricultural buildings. In order to limit adverse impact to persons
and lands affected, lots 12, 13, 14, 15, 16, and 17 shall not be allowed accessory dwelling
units. Traffic generating uses not specifically permitted by this VIS require a separate
VIS.
8. A geologic hazard analysis and preliminary geotechnical investigation demonstrating the
safety and feasibility of the proposed road alignment and construction and specifically
addressing the landslide and development-related slope instability hazards certified by a
professional engineer must be provided to the County Engineer prior to issuance of a
grading or building permit for improvements required by this variance. This investigation
shall include the impact on stability of changes in grading, loading, groundwater levels,
precipitation and infiltration, vegetation, and other factors deemed appropriate by the
engineer. This investigation shall also include, but not be limited to, recommendations for
mitigating local slope instability, maximum allowable temporary and permanent cut and
fill heights and slope angles, based on site specific, undisturbed and residual shear
strength and friction angle values, stability analysis of proposed road cuts and fills, and
retaining walls exceeding four feet, and subsurface drainage, if determined to be
necessary and feasible.
9. The portion of Skiff Road from the intersection of Sweetwater Road to the intersection
with Hell's Gate Road, with the exception of Skiff Road Bridge, shall be improved to a
minimum 20 foot total road width.
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10. The Skiff Road Bridge shall be replaced and/or retrofitted to meet the minimum
requirements of AASHTO's Guidelines for Geometric Design of Low-Volume Roads,
2019 Section 4.3 - Bridge Width prior to the issuance of a building permit for the fourth
single-family home on the Properties. The Skiff Road Bridge shall be a minimum of 15
feet wide as measured between the inside faces of the bridge rail or guardrail.
11. A load rating for Skiff Road Bridge demonstrating conformance with AASHTO HS-20
shall be provided to the County Engineer prior to the issuance of prior to the issuance of a
building permit for the fourth single-family home on the Properties. Vehicle load limits
shall be posted at either end of the bridge.
12. Evidence that Skiff Road Bridge is adequately sized to convey the 100-year flow of
Sweetwater Creek in accordance with ECLUR Section 4-620.K- Structures and ECLUR
Section 3-350 - Floodplain Overlay Zone District, stamped by a licensed professional
engineer, must be provided to the County Engineer prior to the issuance of a building
permit for the fourth single-family home on the Properties.
13. Skiff Road and Skiff Road Bridge shall be maintained as a year-round secondary
emergency ingress/egress.
14. Each property will be required to demonstrate adequate fire suppression water to the
satisfaction of the Gypsum Fire Protection District prior to building permit issuance.
15. Class A roof assemblies shall be required on all structures.
16. A Fire-Free 5 foot non-combustible landscape apron (i.e. rock or stone) shall be required
to surround all new structures.
17. All structures must adhere to additional wildfire mitigation requirements related to the
creation of defensible space and use or ignition resistant construction when applying for
building permits (per Eagle County Wildfire Regulations and Building Resolution).
THAT, violation of any of the listed conditions shall be the basis for an enforcement
action pursuant to the ECLUR; and
THAT, the Board directs the Engineering Department to provide a copy of this
Resolution to Applicants; and
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.
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MOVED, READ, AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, on this 15th day of November, 2022, nunc pro tunc to the
25th day of October, 2022.
DocuSigned by:
(CAI,
COUNTY OF EAGLE, STATE OF
O�ea„� COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
DocuSigned/pby: DocuSigned by:
D' Ott brim, By:
ClerkFte6theekteard iM Queeney
County Commissioners Chair
,—DocuSigned by:
CIA/AlA.Ji.LY—kt.A1
Y(-at er-Henry
Commissioner
.—DocuSignedby:
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mateftlYen0473...
Commissioner
Commissioner scherr seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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