HomeMy WebLinkAboutR23-032 Denying a Special Use Permit for CRMPI file no. ZS 00917-2021 Eagle County, CO 202305248
DocuSign Envelope ID:0924B216-EE05-48C4-819D-0E01330EA59D Regina O'Brien 05/16/2023
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Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023- 032
RESOLUTION DENYING A SPECIAL USE PERMIT FOR
THE CENTRAL ROCKY MOUNTAIN PERMACULTURE INSTITUTE,HOME
BUSINESS,HOME OCCUPATION,ACCESSORY DWELLING UNIT,AND
ASSOCIATED DETACHED STRUCTURE(S)
Planning File No. ZS-009170-2021
WHEREAS,on or about May 21, 2021,the County of Eagle, State of Colorado,
accepted for filing an application submitted by Jerome Osentowski (the"Applicant") for
approval of a special use permit ("SUP") for the Colorado Rocky Mountain Permaculture
Institute ("CRMPI"), Jerome's Organics, Eco Systems Design, Inc., an Accessory Dwelling
Unit, and related detached structures (the "Application")on Resource (R) zoned property located
at 1919 and 2101 Cedar Drive, identified as Parcel No. 2467-043-04-001, and legally described
in Exhibit A attached hereto (the "Property"); and
WHEREAS,because CRMPI, a permaculture institute, is not a listed use in Table 3-300
-Residential and Agricultural Zone Districts Use Schedule of the Eagle County Land Use
Regulations (the "ECLUR"), CRMPI is not allowed on the Property pursuant to ECLUR Section
3-300.F - Uses Not Listed unless the ECLUR is amended to allow for the use or the Planning
Director makes a determination that CRMPI is sufficiently similar to a use listed in Table 3-330;
and
WHEREAS,pursuant to ECLUR Section 3-300.F.2 -Determination of Similar Use,
County staff determined CRMPI was sufficiently similar to a Resort Recreational Facility via a
letter dated June 10, 2021,which determination was not subsequently appealed by the Applicant;
and
WHEREAS,because CRMPI was determined to be sufficiently similar to a Resort
Recreational Facility, a SUP is necessary for CRMPI to continue to operate on the Property
pursuant to ECLUR Table 3-300 as the Property is zoned Resource (R); and
WHEREAS, County staff accordingly evaluated the Application as a request for a SUP
for: (1) CRMPI, a Resort Recreational Facility; (2) Jerome's Organics, a Home Business; (3)Eco
Systems Design, Inc., a Home Occupation; (4) an Accessory Dwelling Unit; and(5)related
Detached Structures (collectively the"Special Use"). Review of the Home Business was later
determined to not be necessary by Community Development staff as the Home Business was
determined to exist in conjunction with CRMPI; and
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WHEREAS, in accordance with ECLUR Section 5-210.E.3 -Posted Notice,notice of
the Application was posted on the Property by the Applicant on May 16, 2022; and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"),
Section 5-210.E -Notice of Public Hearings,notice concerning the subject matter of the
Application and setting forth the date and time of public hearings for consideration of the
Application by the Roaring Fork Valley Regional Planning Commission(the "Planning
Commission")was mailed to all owners of property adjacent to the Property on May 18, 2022
and published in the Eagle Valley Enterprise on May 19, 2022; and
WHEREAS,at its public hearings held on June 2, 2022, July 7, 2022 and July 21, 2022,
the Planning Commission considered the Application; the Special Use; associated plans,
documents, and studies; and the statements and concerns of the Applicant, the Eagle County
Community Development Department,the Eagle County Engineering Department, and other
interested persons, including members of the public and adjacent property owners; and
WHEREAS,on July 21, 2022, the Planning Commission recommended denial of the
Application, and;
WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings,
notice concerning the subject matter of the Application and setting forth the date and time of
public hearings for consideration of the Application by the Board of County Commissioners for
the County of Eagle(the "Board")was mailed to all owners of property adjacent to the Property
on September 13, 2022 and published in the Eagle Valley Enterprise on September 15, 2022; and
WHEREAS, at its public hearings held on September 30, 2022, October 17, 2022,
November 30, 2022, January 10, 2023, and April 4, 2023, the Board considered the Application;
the Special Use; associated plans, documents, and studies; and the statements and concerns of the
Applicant, the Eagle County Community Development Department, the Eagle County
Engineering Department, and other interested persons, including members of the public and
adjacent property owners; and
p p Y
WHEREAS,pursuant to ECLUR Section 5-250.B -Standards,the issuance of a SUP is
dependent upon findings that there is competent evidence that the proposed use as conditioned,
fully complies with all standards of approval identified in ECLUR Sections 5-250.B.1 through 5-
250.B.8; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County and the Mid-Valley Area Community Plan, as
well as the comments of the Eagle County Community Development and Engineering
Departments, comments of public officials and agencies, recommendation of the Planning
Commission, and comments from all interested parties,the Board, finds as follows:
1. THAT,proper publication and public notice was provided as required by the ECLUR
and state law for the hearings before the Planning Commission and the Board.
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2. THAT,the Application for Special Use for the Property complies with the following
standards in ECLUR Section 5-250.B -Standards for Special Use, with the conditions as
noted in the staff reports and memorandum prepared by the Eagle County Community
Development and Engineering Departments and as discussed in the public hearings held
by the Board on September 30, 2022, October 17, 2022,November 30, 2022,January 10,
2023, and April 4, 2023 as set forth below:
a. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1 -
Consistent with Comprehensive Plan, the Special Use is in substantial conformance
with the policies of the 2005 Eagle County Comprehensive Plan and the Mid-Valley
Area Community Plan.
b. Compatibility.Pursuant to Section 5-250.B.2 - Compatibility,the Special Use is
compatible with the Resource zone designation which allows for a Resort
Recreational Facility use, a Home Occupation, an Accessory Dwelling Unit, and
related Detached Structures if approved through issuance of a SUP and is generally
compatible with the existing and currently permissible future uses of adjacent land.
c. Zone District Standards. Pursuant to Section 5-250.B.3 -Zone District Standards,
the proposed Special Use complies with applicable standards of the Resource(R)
zone district in which it is located and the standards applicable to the particular uses
as identified in ECLUR.
d. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4 -Design
Minimizes Adverse Impact, the design of the Special Use reasonably avoids adverse
impacts, including visual impacts of the proposed use on adjacent lands including
trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration,
or otherwise create a nuisance.
e. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5 -Design
Minimizes Environmental Impact,the design of the Special Use minimizes
environmental impacts and will not cause significant deterioration of water and air
resources,wildlife habitat, scenic resources, and other natural resources.
f. Other Provisions. Pursuant to Section 5-250.B.8 - Other Provisions, no other
provisions of the ECLUR for use, layout, and general development characteristics in
addition to those already referenced and/or addressed have been found applicable to
this Application.
3. THAT,the remaining standards identified in ECLUR Section 5-250.B.6 -Impact on
Public Facilities and ECLUR Section 5-250.B.7 -Site Development Standards require
the Applicant to demonstrate that the Special Use will be served by adequate access.
ECLUR Article 2 -Definitions states that"access"must be usable ingress and egress to a
property, and that such access shall comply with the applicable standards of the ECLUR.
In addition, Colorado law provides that"access" consists of both legal and physical
access. The Board therefore finds that the term"access"includes both a legal right to
utilize the proposed access and the physical ability to utilize the proposed access in
accordance with the ECLUR.
4. THAT,the Application for the Property does not comply with the standards in ECLUR
Section 5-250.B -Standards for Special Use related to access, as set forth below:
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a. Impact on Public Facilities.Pursuant to Section 5-250.B.6 -Impact on Public
Facilities,the Special Use must be adequately served by public facilities,including
roads. The Special Use is not adequately served by public facilities including roads as
legal access to and from the Property via a public right-of-way has not been
established by the Applicant. The Applicant proposes to utilize Upper Cedar Drive—
a private road—to access public portions of Lower Cedar Drive in order to serve the
Special Use. However,the Applicant has not provided competent evidence
establishing that the Applicant has a legal right to utilize the full extent of Upper
Cedar Drive. Specifically, the Applicant has not provided a deed, easement, court
order, or any other recorded document demonstrating the legal ability to utilize
private portions of Upper Cedar Drive located on properties at 1500 Cedar Drive,
Basalt, CO 81621 (Parcel No. 2467-054-00-008) currently owned by Janet Lightfoot
and 1052 Toner Creek Road, Basalt, CO 81621 (Parcel No. 2467-062-00-004)
currently owned by the State of Colorado Division of Wildlife. Furthermore,this
standard requires that roads serving the Special Use must be physically adequate to
support the Special Use. Both Upper and Lower Cedar Drive fail to meet applicable
County road standards regarding width, grade, and centerline radii. While the
Applicant requested variations to County road standards consistent with ECLUR
Section 5-250.0 - Variations Authorized, these variations were not approved by the
Board due to the Applicant's failure to establish legal access for Upper Cedar Drive.
As a result, the Application fails to comply with Standard 5-250.B.6 -Impact on
Public Facilities.
b. Site Development Standards. Pursuant to Section 5-250.B.7 -Site Development
Standards, the Special Use must comply with the appropriate standards in Article 4,
Site Development Standards. ECLUR Section 4-620.J.1.h-Dual Access provides the
Special Use must be served by two (2)points of access to the public roadway system
that are open and available for public use unless a variance or variation is obtained by
the Applicant. The Application proposes to utilize Upper Cedar Drive—a private
road—to access public portions of Lower Cedar Drive in order to serve the Special
Use as one point of access. However, as stated above,the Applicant has not
demonstrated a legal right to utilize Upper Cedar Drive to serve the Special Use
through the two parcels previously discussed. Additionally, ECLUR Section 4-620 -
Roadway Standards provides numerous roadway standards related to road grade,
width, and centerline radii. Both Upper and Lower Cedar Drive fail to meet these
standards as identified in the staff reports and memorandums prepared by the Eagle
County Community Development and Engineering Departments. While the Applicant
requested variations to County road standards consistent with ECLUR Section 5-
250.0 - Variations Authorized, these variations were not approved by the Board due
to the Applicant's failure to establish legal access for Upper Cedar Drive. Therefore,
without legal access or an approved variation addressing the roadway standards
identified in ECLUR Section 4-620 -Roadway Standards,the Application fails to
comply with Standard 5-250.B.7 -Site Development Standards.
RESOLVED bythe Board of County of
NOW, THEREFORE,BE IT oa d
the County of Eagle, State of Colorado:
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THAT this Application for a SUP fails to fully comply with all standards of approval set
forth in ECLUR Section 5-250.B, and is hereby denied.
THAT, the Department of Community Development shall 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.
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MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 16th day of May, 2023,nunc
pro tunc to the 4th day of April, 2023.
DocuSigned by: COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
/`C44C BOARD OF COUNTY COMMISSIONERS
ATTEST:
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By:
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Clerk to the Board Kathy Chandler-Henry
Chair
DoocuuSigned by:
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Matt Scherr
Commissioner
rDocuSigned by:
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Jeanne McQueeney
Commissioner
Commissioner Scher 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
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EXHIBIT A
Legal Description
Planning File No. ZS-009170-2021
The Land referred to herein is located in the County of Eagle, State of Colorado, and described
as follows:
Osentowski Subdivision Exemption recorded July 10, 2020 at Reception No. 202010735
described as follows:
A parcel of land situated in Tract 44 of Section 4, Township 8 South, Range 86 West of the 6th
Principal Meridian, more particularly described as follows:
Beginning at AP No. 4 of said Tract 44 (a found 1926 GLO Brass Cap), from whence AP No. 5
of said Tract 44 (a found 1926 GLO Brass Cap)bears N 0°07'22" W 1286.44 feet;
thence N 89°54'02" W 1320.00 feet along the Southerly line of said Tract 44;
thence North 589.06 feet;
thence S 53°47'26" E 347.02 feet;
thence South 174.06 feet;
thence S 89°54'02" E 630.00 feet;
thence South 34.00 feet;
thence S 89°54'02" E 409.62 feet to a point on the Easterly boundary of said Tract 44;
thence S 0°07'22" E 176.49 feet to the point of beginning.
COUNTY OF EAGLE,
STATE OF COLORADO.
Exhibit A
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