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Home My WebLink AboutR23-007 Approval of the Minor Type B Subdivision for File No. SMB 009264-2022 128 Ronce Lane DocuSign Envelope ID:04A7F710-B2E0-4A36-9D92-2DD92CDF3518 Commissioner scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023- 007 APPROVAL OF THE MINOR TYPE B SUBDIVISION FOR 128 RONCE LANE EAGLE COUNTY FILE NO. SMB-009264-2022 WHEREAS, on or about June 3, 2022, the County of Eagle, State of Colorado, accepted for filing Eagle County File No. SMB-009264-2022, (the"Application") submitted by Greg Otto (the "Applicant") seeking a Minor Type B Subdivision(an "SMB") for 128 Ronce Lane(the "Property") to subdivide the Property into two legal lots of record designated as Lot 3A and Lot 3B. The Property is 5.660 acres in total and more particularly described as set forth in Exhibit A -Legal Description; and WHEREAS, pursuant to Section 5-290.B.2.a of the Eagle County Land Use Regulations, (the "ECLUR"), the SMB is the appropriate process to subdivide the Property because the Application proposes no more than three new, unimproved lots; and WHEREAS, an application for an administrative Variance to Improvement Standards ("VIS") under File Number VIS-9266-2022 and an application for a Finding of No Significant Impact("FONSI")under File Number FONZ-9265-2022 were also filed in order to qualify for the SMB. These two applications were reviewed and approved administratively. VIS-9266- 2022 grants a variance to certain internal Rural Residential Road standards and dual access. FONZ-9265-2022 approves the location of the existing house on Lot 3A,which is located within the ECLUR-mandated 75 foot stream setback; and WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings, notice of the Application was mailed to all owners of property adjacent to the Property concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the application by the Board of County Commissioners of the County of Eagle (the "Board") no less that fifteen calendar days to the hearing; and notice was posted at the Property; and notice in the newspaper was published on December 1, 2022; and WHEREAS, at its public hearing held on December 20, 2022, the Board considered the Application, the associated plans, documents, and studies; the statements and concerns of the Applicant; the statements of Eagle County Community Development and Engineering staff; and the statements of other interested persons, including the members of the public; and, 1 Eagle County, CO 202301344 Regina O'Brien 01/31/2023 Pgs: 5 04:45:40 PM REC: $0.00 DOC: $0.00 DocuSign Envelope ID:04A7F710-B2E0-4A36-9D92-2DD92CDF3518 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 Planning Department, Eagle County Engineering Department, public officials and agencies, and comments from all interested parties,the Board approved the Application by a vote of 3-0 and further finds as follows: THAT, the Application complies with the requirements and standards set forth in ECLUR Section 5-290.0 -Procedure and ECLUR Section 5-290.G.2 -Standards for Type B Subdivision,with one condition, as set forth below: 1. Access,Water and Sewage. Pursuant to Section 5-290.G.2.a, the Application has adequate access, potable water, and sewage disposal as outlined below: Access: The Property is accessed by a privately owned and maintained road, Ronce Lane, within a fifty (50) foot access easement. A Variance from Improvement Standards (VIS-9266) was approved to establish conforming physical access. Subsequently, the Property has adequate legal and physical access. Potable Water: The Application includes a Water Allotment Contract from the Basalt Water Conservancy District and the Property has adequate potable water. Sewage Disposal: The Application includes a letter from a consulting firm verifying the capacity for an additional OWTS to serve up to a 4-bedroom residence on Lot 3B, therefore, the Property has adequate sewage disposal. 2. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.2.b, the Application conforms to the Final Plat requirements and applicable regulations, policies, standards, and guidelines as outlined below: Water Supply: The Application includes a Water Allotment Contract from the Basalt Water Conservancy District. Wastewater: The Application includes a letter from a consulting firm verifying the capacity for an additional OWTS to serve up to a 4-bedroom residence. Zoning: The Property is zoned Rural Residential, which requires a 2 acre minimum lot area, and is large enough to accommodate the SMB application due to its size of 5.66 acres. Both proposed lots are over 2 acres. Access: Lot 3A is developed with a single family home and driveway. The Application includes a site plan that demonstrates the building envelope on Lot 3B can be served by a conforming driveway. 2 DocuSign Envelope ID:04A7F710-B2E0-4A36-9D92-2DD92CDF3518 Fire Protection: The Property is within the Roaring Fork Fire Protection District's jurisdiction and is adequately served by the district. Hazards: There are no known geologic hazards which constrain or preclude subdivision and development of the Property. Site Plan: The site plan included in the application depicts the existing building location on Lot 3A and the location of the proposed Lot 3B, with a building envelope. It also includes access drives, parking areas, and other pertinent site data. Restrictions: There are no restrictive plat notes proposed to be included or removed by this SMB. Agreements: There are no agreements applicable to the SMB. Schools: Pursuant to Section 30-28-133(4)(a), C.R.S., 1973, as amended, the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools. The Application includes a proposal to pay $1,077 for cash-in-lieu to the Roaring Fork Schools District. ECLUR Section 4-700.0 states that the Board "shall determine the amount" of the cash-in-lieu payment based on recommendations from the School District and information and testimony presented at the public hearing. A condition to pay the school impact fee is included in this approval. 3. Improvement Agreement. Pursuant to Section 5-290.G.2.c, this standard is not applicable, as the application does not propose any new public infrastructure that would necessitate an improvement agreement. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, this application for a Minor Type B Subdivision is hereby approved, subject to the following condition agreed to by the Applicant, and that violation of the condition shall be the basis for revocation of this approval pursuant to the ECLUR: 1. The applicant shall submit confirmation of payment of the school impact fee as outlined in Attachment 4 of the December 20, 2022 staff report to the Eagle County Community Development Department prior to Board of County Commissioners signature of the plat for this subdivision. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and 3 DocuSign Envelope ID:04A7F710-B2E0-4A36-9D92-2DD92CDF3518 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, on this 31st day of January, 2023, nunc pro tunc December 20, 2022. ,— DocuSigned by: fL,f� COUNTY OF EAGLE, STATE OF caona' COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: EDocuSigned by: r—DocuSigned by: rtlYIAA Ot By: , C — , F9D02F240890440... t-86A68 FFEB84403... Clerk to the Board Kathy Chandler-Henry Chair "—n f J DocuSig(n�ed by: dwir 81E7B2D718E0473... Matt Scherr Commissioner r—DocuSigned by: `. ` 1744)414-4,1-S frieMel lt'nney Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll P g g having been called, the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Aye Commissioner McQueeney Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4 DocuSign Envelope ID:04A7F710-B2E0-4A36-9D92-2DD92CDF3518 Exhibit A- Legal Description GABOSSI SUBDIVISION Lot: 3 ACCORDING TO THE PLAT RECORDED FEBRUARY 11, 1981 AT RECEPTION NUMBER 214681, COUNTY OF EAGLE, STATE OF COLORADO.