HomeMy WebLinkAboutR23-062 Special Use Permit for Cottonwood Pass Guest House File No. ZS 009325-2023 Eagle County, Co 202313827
DocuSign Envelope ID:977C40C0-B52C-4C6D-A3B6-B094BF8A9FB1 Regina O'Brien 10/11/2023
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Commissioner scherr moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023- 062
APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR
COTTONWOOD PASS GUEST HOUSE
EAGLE COUNTY FILE NO. ZS-009325-2023
WHEREAS, on or about January 30, 2023, the County of Eagle, State of Colorado,
accepted for filing Eagle County File No. ZS-009325-2023 (the"Application") submitted by
Religious Sisters of Mercy(the "Applicant"); and
WHEREAS, the Applicant requested a Consolidated Special Use Permit("SUP")to
allow for an Accessory Dwelling Unit("ADU") on a 1.94 acre parcel located southwest of
Gypsum known as 1053 Cottonwood Pass Road,Parcel#2111-183-00-019 (the "Property")and
legally described in Attachment A; and
WHEREAS,the Property is owned by the Religious Sisters of Mercy and is considered a
nonconforming legal lot of record pursuant to a determination made by the County via a letter
issued June 28, 1984, which is included with the Application; and
WHEREAS, Section 3-300 and Section 6-120.A.2 of the Eagle County Land Use
Regulations (the "ECLUR") require a special review for allowance of ADU on a nonconforming
legal lot of record; and
WHEREAS,in accordance with ECLUR Section 5-210.E -Notice of Public Hearings,
on July 3, 2023 notice of the Application was mailed to all owners of property adjacent to the
Property and on June 29, 2023 notice was posted in the newspaper concerning the subject matter
of the application and setting forth the dates and times of meetings for consideration of the
application by the Eagle County Planning Commission(the"ECPC"). Notice of the Application
was posted on the Property on or before July 3, 2023; and
WHEREAS at apublic meetingheld on 19, 2023,the ECPC unanimously
July
recommended approval of the Application 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,
on July 31, 2023 notice of the Application was mailed to all owners of property adjacent to the
Property and on August 3, 2023 notice was posted in the newspaper concerning the subject
matter of the application and setting forth the dates and times of meetings for consideration of
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the application by the Eagle County Board of County Commissioner(the"BOCC"). Notice of
the Application was posted on the Property on July 19, 2023; and
WHEREAS, at a public meeting held on August 21,2023,the Board considered the
Application, the proposed Special Use, 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 ECPC; 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
Community Development and Engineering Departments, comments of public officials and
agencies,the recommendation of the ECPC, 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 ECPC and the Board.
2. THAT, the Application for Special Use for the Property complies with the following
requirements and standards set forth in ECLUR Section 5-250.B -Standards for Special
Use,with the conditions as noted in the staff reports prepared by the Eagle County
Community Development and Engineering Departments and as discussed in the public
hearing held by the Board on August 21, 2023, as set forth below:
a. Consistent with Comprehensive Plan. That this Application is in substantial
conformance with numerous aspects of the Eagle County Comprehensive Plan as
required by ECLUR 5-250.B.1. First,the Application is in conformance with Section
3.2.2.a., Quality of Life Policies, and Policy 3.2.3.c., Growth, as the proposal does not
diminish the quality of life in the area, and represents a healthy balance between
economic success, quality of life, and preservation of the environment. Second,
Policy Statement 3.2.4 and Development Policy 3.2.4.e. both indicate that urban and
suburban type growth should be appropriately designed and should be located within
or immediately contiguous to existing towns and community centers, and that
increased density in specific areas can be a highly effective tool to address housing
shortages. The Property is located approximately one-quarter mile southwest of the
Town of Gypsum boundaries and the addition of an accessory dwelling unit is
appropriate density for this area. Lastly,the Application is in conformance with the
Future Land Use Map designation of`Countryside,' which includes low density
single family residential development, characterized by nonconforming lots with an
expected density of two to thirty-five acres per dwelling unit. While the proposed
relative density is 1.03 units per acre in the Application, including the ADU,the
existing single family structure has been on property for many years and has not
created a negative impact for adjacent property owners. The size of the lot(1.94
acres)is due to the establishment of Cottonwood Pass Road.
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b. Compatibility. That the Application is generally compatible with and similar to both
existing and permissible uses on adjacent land, services, and infrastructure as required
by ECLUR 5-250.B.2. The Resource zoned Property is surrounded by other adjacent
Resource zoned properties. Surrounding properties are similarly used for single
family residential dwellings. Additionally, the ADU use will be in harmony with the
natural and rural character of the surrounding properties, as the size and height of the
unit will be less than and at a lower elevation than the existing single family dwelling.
c. Zone District Standards.That with Conditions 2-5, identified below,the
Application complies with ECLUR Section 3-310.A-Review Standards Applicable
to Particular Residential, Agricultural and Resource Uses, and ECLUR Section 3-
340, regarding the Resource zone district minimum lot area, setbacks, lot coverage,
and building height. Condition 2 is necessary and requires the relocation of a
temporary accessory storage structure outside of the rear yard setback. Condition 3 is
necessary and requires the installation of a new Onsite Wastewater Treatment System
("OWTS") sized to serve both the single family dwelling and the ADU. Condition 4
is necessary and requires the reclamation of the existing OWTS, once the new OWTS
is built. Condition 5 is necessary and requires the coordination of Applicant with the
Gypsum Fire Protection District to design an appropriately sized cistern to provide for
fire suppression, revegetation, and permanent landscaping.
d. Design Minimizes Adverse Impact. That with Condition 6, identified below, the
Application's design minimizes adverse impact with respect to trash, traffic, service
delivery, parking and loading, odors,noise, glare, and vibration, or otherwise create a
nuisance, as required by ECLUR 5-250.B.4. Condition 6 is necessary and requires the
Applicant to provide no fewer than two parking spaces for the ADU, each measuring
no less than 10' wide by 20' deep, and situated in the same general location as
depicted on Sheet C 1.0 in the Application.
e. Design Minimizes Environmental Impact. That with Condition 7 and Condition 9,
identified below, the Application minimizes any environmental impact and will not
cause deterioration of natural resources including water, air, or wildlife as required by
ECLUR 5-250.B.5. Condition 7 is necessary and requires the Applicant to revegetate
all disturbed areas with native plants,utilize `wildlife friendly fencing' (as defined by
CPW publication"Fencing with Wildlife in Mind"), if fencing is desired, and shall
utilize bear resistant trash containers. Lastly, Condition 9 is necessary and requires
that the Applicant conduct an evaluation of soil corrosivity and evaporite-related
subsidence for the proposed building site prior to building permit application.
f. Impact on Public Facilities,That with Conditions 3-5,the Application will be
adequately served by, and will not create the need for additional necessary facilities
and services including roads, water and sewer,police, and fire protection. Condition 3
is necessary and requires the installation of a new OWTS sized to serve both the
single family dwelling and the ADU. Condition 4 is necessary and requires the
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reclamation of the existing OWTS, once the new OWTS is built. Condition 5 is
necessary and requires the Applicant's coordination with the Gypsum Fire Protection
District to design an appropriately sized cistern to provide fire suppression,
revegetation, and permanent landscaping. Slaughter Lane will provide primary access
for both residences and is built to an adequate standard,whereas Cottonwood Pass
Road will provide emergency access for both residences. There are no anticipated
impacts from the development on emergency services.
g. Site Development Standards. That with Conditions 6-9, the Application complies
with ECLUR Article 4- Site Development Standards. The Application meets
standards related to the avoidance of hazards,natural resource protection, and road
and driveway improvement standards. Condition 6 is necessary and requires the
Applicant to provide no fewer than two parking spaces for the ADU, each measuring
no less than 10' wide by 20' deep, in the same general location as depicted on Sheet
C1.0 in the Application. Condition 7 is necessary and requires the Applicant to
revegetate all disturbed areas with native plants,to utilize `wildlife friendly fencing'
(as defined by CPW publication"Fencing with Wildlife in Mind"), if fencing is
utilized, and to utilize bear resistant trash containers. Condition 8 is necessary and
requires that the access points for the Property will be reviewed during the building
permit review for the ADU, and access on the southerly driveway connecting directly
to Cottonwood Pass Road will be limited to emergency access only. Modifications
may be required to ensure the driveway is only used for emergency access. Any
modifications will be reviewed and agreed to by the Applicant, Eagle County, and the
Gypsum Fire Protection District. This access point is allowed for use for trash
service if necessary. Condition 9 is necessary and requires that the Applicant conduct
an evaluation of soil corrosivity and evaporite-related subsidence for the proposed
building site prior to building permit application.
h. 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 SUP 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. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in public meetings shall be adhered to and
considered conditions of approval.
2. The Applicant shall relocate the existing accessory structure to a location outside of the
required setbacks for the Property,prior to building permit issuance for the ADU.
3. In accordance with ECLUR Section 3-310.A.9, and concurrent with building permit
application,the Applicant shall submit a permit(s) from ECPHE and/or CDPHE and
install a new OWTS to serve both the SFD and the ADU, in conformance with applicable
regulations;
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4. In accordance with Section 3-310.A.9, the Applicant shall,upon construction of the new
OWTS,reclaim and/or abandon in place the existing OWTS, according to Section 43.9.0
of the Eagle County OWTS Regulations, and provide documentation to Eagle County of
chosen method,progress, and finalization of process.
5. The Applicant shall consult with the Gypsum Fire Protection District regarding an
appropriately sized cistern to address fire protection,revegetation and other landscaping,
and shall propose such cistern at the time of building permit application.
6. The Applicant shall provide no fewer than two parking spaces for the ADU, each
measuring no less than 10' wide by 20' deep, in the same general location as seen on
Sheet C1.0 in the Application.
7. The Applicant shall revegetate all disturbed areas with native plants, and the Applicant
shall utilize `wildlife friendly fencing' (as defined by CPW publication "Fencing with
Wildlife in Mind"), if fencing is utilized, as well as bear-resistant trash containers.
8. The access points will be reviewed during the building permit review for the ADU, and
access on the southerly driveway connecting directly to Cottonwood Pass Road will be
limited to emergency access only. Modifications may be required to ensure the driveway
is only used for emergency access. Any modifications will be reviewed and agreed to by
the Applicant,Eagle County, and the Gypsum Fire Protection District. This access point
is allowed for use for trash service if necessary.
9. The Applicant shall conduct an evaluation of soil corrosivity and evaporite-related
subsidence for the proposed building site prior to building permit application.
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 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 10th day of october , 2023,
nunc pro tunc August 21, 2023.
DocuSigned by:
1`548 COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
`aoRe BOARD OF COUNTY COMMISSIONERS
ATTEST: DocuSigned by:,¢ DocuSigned by:
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Clerk to the Board KatIiy Chandler-Henry
Chair
.r DocuSigned by:
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Matt Scherr
Commissioner
Docu,Siggnnepd by:E0
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Jeanne McQueeney
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
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
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Attachment A
Property Description
The Land referred to herein is located in the County of Eagle, State of Colorado, and described
as follows: A parcel of land situated in Tract 90, Section 18, Township 5 South, Range 85 West
of the Sixth Principal Meridian, County of Eagle, State of Colorado; Commencing at Angle Point
No. 2 of said Tract 90;thence S 00°46'02" E 56.17 feet to a point on the Southerly right of way
line of a road as constructed and in place,the True Point of Beginning; thence S 00°46'02" along
the Westerly line of said Tract 90, 787.27 feet to a point on the Westerly right of way of County
Road as constructed and in place; thence the following courses along said right of way line:
along the arc of a curve to the right having a radius of 1211.12 feet and a central angle of
04°11"20",a distance of 9630 feet; (chord bears N 10 °10'34" E 96.27 feet); thence N. 12°27'14"
E 347.55 feet; thence along the arc of a curve to the right having a radius of 833.78 feet and a
central angle of
14°18'46" a distance of 208.98 feet(chord bears N 19°36'37" E 207.74 feet); thence N 26°46'00"
E 159.72 feet; thence along the arc of a curve to the left having a radius of 35.00 feet and a
central angle of 120°08'30", a distance of 73.39 feet(chord bears N 33°18'15" W 60.67 feet);
thence S 86°37'30" W 68.67 feet; thence along the arc of a curve to the left having a radius of
452.03 feet and a central angle of 17°36'20" a distance of 138.90 feet(chord bears S 77°49'20"
W 138.35 feet); thence S 69°O1'10" W 7.55 feet to the True Point of Beginning.
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