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Home My WebLink AboutR23-024 Approval of SUP FK Holdings ADU File No. ZS 009269-2022 Eagle County, CO 202304202 DocuSign Envelope ID:9433714C-0605-437C-92E1-482F70D8F96D Regina O'Brien 04/20/2023 Pgs: 4 12:43:13 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2023- 024 APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR FK HOLDINGS ADU EAGLE COUNTY FILE NO.ZS-009269-2022 WHEREAS,on or about June 17, 2022,the County of Eagle, State of Colorado,accepted for filing Eagle County File No. ZS-009269-2022, (the"Application") submitted by FK Holdings,LLC(the "Applicant");and WHEREAS, the Application requested a Consolidated Special Use Permit("SUP")for 20129 Highway 82(the"Property")to allow for the conversion of an existing single-family dwelling into an Accessory Dwelling Unit("ADU")so that a new single-family dwelling unit can be constructed on the same parcel;and WHEREAS,the Property is zoned Resource(R)and is 6.88 acres size and is more particularly described as set forth in Exhibit A-Legal Description; and WHEREAS,table 3-300 and section 3-310.A.3 of the Eagle County Land Use Regulations(the "ECLUR")permit an ADU of up to 1,800 square feet as a use by right on parcels that are 35 acres or greater within the Resource(R)zone district; and WHEREAS, sections 6-120.A.2 and 3-310.A.3 of the ECLUR permit an ADU of up to 1,800 square feet through a SUP on parcels of less than 35 acres within the Resource(R)zone district; and WHEREAS,because the Property is a legal,nonconforming parcel that is less than 35 acres,an SUP pursuant to ECLUR section 5-250 is the appropriate mechanism to permit an ADU on the Property; 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 Roaring Fork Valley Regional Planning Commission(the"RFVRPC")no less that fourteen calendar days to the hearing; and notice was posted at the Property; and notice in the newspaper was published on February 1,2023; and WHEREAS,at a public meeting held on February 16,2023,the RFVRPC unanimously recommended approval with conditions to the Board of County Commissioners for the County of Eagle, State of Colorado(the"Board"); 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 1 of 5 DocuSign Envelope ID:9433714C-0605-437C-92E1-482F70D8F96D matter of the application and setting forth the dates and times of meetings for consideration of the application by the Board no less that fourteen calendar days to the hearing; and notice was posted at the Property; and notice in the newspaper was published on March 16,2023; and WHEREAS, at a public meeting held on April 4,2023,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;the recommendation of the RFVRPC; and the statements of other interested persons, including the members of the public;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 Planning Department,Eagle County Engineering Department,public officials and agencies,the recommendations of the RFVRPC,and comments from all interested parties,the Board approved the Application by a vote of 3-0 and further finds the following: THAT,the Application complies with the requirements and standards set forth in ECLUR Section 5-250.B -Standards,with conditions,as set forth below: 1. Consistent with Comprehensive Plan. That with the addition of Condition#1 identified below, which minimizes land disturbances in areas of hazards,this Application is in substantial conformance with numerous aspects the Eagle County Comprehensive Plan, Mid-Valley Community Area Plan,and the Highway 82 Corridor Character Area as required by ECLUR 5- 250.B.1,including the careful monitoring of future development through the SUP process,the allowance of ADUs within appropriate zone districts,and the addition of diverse home types. 2. Compatibility.The proposed ADU is compatible with and similar to both existing and permissible uses on adjacent land, services,and infrastructure as outlined in ECLUR 5-250.B.2 because the Property is surrounded by zone districts that allow ADU uses through various review processes and because the proposed ADU is sufficiently spaced from adjacent properties. 3. Zone District Standards. That with the addition of Condition#2, identified below,the proposed ADU and the other existing buildings are in compliance with applicable Resource Zone District standards as required by ECLUR 5-250.B.3 and the standards of Section 3-310.A-Accessory Dwelling Units containing specific standards for ADU's in the Resource(R)Zone District.With the addition of Condition#2,the proposed ADU will not exceed the maximum 1,800 square foot requirement identified in ECLUR section 3-310.A. 4. Design Minimizes Adverse Impact. The proposed ADU reasonably avoids adverse impacts to adjacent properties and will not create any visual,traffic/parking, or nuisance issues as required by ECLUR 5-250.B.4. The proposed ADU,which has existed as a single-family residence since 1960,has not generated adverse impacts to date. 5. Design Minimizes Environmental Impact. That with the addition of Condition#3,identified below,the proposed ADU minimizes any environmental impact and will not cause deterioration of natural resources as required by ECLUR 5-250.B.5. Condition#3 ensures that any ground disturbed as a result of the Application will be revegetated. 6. Impact on Public Facilities, That with the addition of Conditions#4,#5, and#6,identified below,the proposed ADU will be adequately served by necessary facilities and services including 2 of 5 DocuSign Envelope ID:9433714C-0605-437C-92E1-482F70D8F96D roads,water and sewer,police,and fire protection. Conditions#4,#5,and#6 ensure that there will not be adverse impacts to fire protection services. 7. Site Development Standards. That with the addition of Conditions#3,#4,#5,#6 and#7, identified below,the proposed ADU will comply with the Site Development Standards of Article 4,ECLUR. Conditions#3,#,4,#5,#6,and#7 are necessary to ensure the Application meets standards related to the avoidance of hazards,natural resource protection,and road and driveway improvement standards. 8. Other Provisions. This standard is met as it is not applicable. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,this Application for a Consolidated Special Use Permit is hereby approved, subject to the following conditions agreed to by the Applicant, and that violation of any condition shall be the basis for revocation of this approval pursuant to the ECLUR: 1. A site-specific subsoil study for foundation design shall be included with any new building permits requiring foundation design. 2. Prior to the issuance of a Temporary Certificate of Occupancy(TCO)or Certificate of Occupancy(CO) for a new primary residence on the Property,the Applicant shall secure a TCO or CO limiting the habitable square footage of the ADU to no more than 1,800 square feet and restricting the basement to non-habitable storage uses. 3. Disturbed ground shall be revegetated in accordance with Section 4-665 ECLUR with seed mixes that incorporate native plant species similar to those within the project area. Any mulch used in revegetation efforts shall be certified to be free of weed species. 4. A CDOT access permit,#322052,was issued for the driveway to the existing home and proposed ADU.The improvements related to and required by CDOT access permit#322052 shall be completed prior to Temporary Certificate of Occupancy(TCO)or Certificate of Occupancy(CO)of a building permit for the remodel of the existing house and TCO or CO of a building permit for the new primary residence. 5. An existing administrative driveway variance,recorded at Eagle County Clerk and Recorder Reception#202215352,was granted for the driveway to the existing home. The related improvements have an active grading permit, GRAD-0250714-2022,which shall be completed prior to Temporary Certificate of Occupancy(TCO) or Certificate of Occupancy (CO)of a building permit for the remodel of the existing house and TCO or CO of a building permit for the new primary residence. 6. The proposed driveway improvements shall have a 14 foot wide all-weather surface,two pullouts,and a fire truck turnaround.The new primary residence shall have a water storage tank and hydrant with an automatic fire suppression system. 7. At the time of building permit for the new primary residence the Applicant shall provide evidence of review and acceptance of the project grading plan by a qualified professional for avoidance of geologic hazards,primarily slope instability. THAT,the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the 3 of 5 DocuSign Envelope ID:9433714C-0605-437C-92E1-482F70D8F96D 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 18th day of April, 2023, nunc pro tunc April 4, 2023. DocuSigned by: za COUNTY OF EAGLE, STATE OF ,f,( 1COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: C4L .U,p. 0-'15Vitii�.. By: rkr airl. Ord Kathy Chandler-Henry Chair f--DocuSigned by: + S'ACUT MattSatherr8E0473.. Commissioner DocuSigned by: J Moritutaney Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Absent Commissioner Scherr Aye Commissioner McQueeney Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4 of 5