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HomeMy WebLinkAboutSketch Plan for Emma Farms SubdivisionTEAK J SIMONTON r_VV0Vr0,1r}.7, �! REC: $0 00 D ; 04 :21 15PM 01 resr t Commissioner movea aaoptnon of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 -_ APPROVAL OF THE SKETCH PLAN FOR THE EMMA FARMS SUBDIVISION FILE NOS. SUS -00016 WHEREAS, on or about June 29, 2005, the County of Eagle, State of Colorado, accepted for filing applications submitted by Emma Farms LLC (hereinafter "Applicant ") for approval of the Subdivision Sketch Plan for the Emma Farms Subdivision, File No. SUS - 00016; and, WHEREAS, the Applicant requested the approval of a Subdivision Sketch Plan for a proposed development consisting of a cluster subdivision of seven home sites in Eagle County (subsequently reduced to five home sites) ranging in size from 6 acres to 10 acres, situated around approximately 50.4 acres of agricultural hay meadow also located in Eagle County. The total area of the parcel is 136.2 acres, of which 106.4 acres is located in Eagle County. An additional 30 acres in common ownership, adjacent to the south in Pitkin County and proposed for two residential dwelling units and similar agricultural uses, is not a part of this application; and, WHEREAS, notice of the Sketch Plan was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearings held on September 22, 2005, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval with conditions of the proposed Subdivision Sketch Plan; and WHEREAS, at its regular public hearings of November 1 and November 8, 2005, the Eagle County Board of Commissioners (hereinafter 'Board "), considered the proposed Subdivision Sketch Plan; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Roaring Fork Valley Regional Planning Commission. 6 0U Commissioner J fIL - { moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - APPROVAL OF THE SKETCH PLAN FOR THE EMMA FARMS SUBDIVISION FILE NOS. SUS -00016 WHEREAS, on or about June 29, 2005, the County of Eagle, State of Colorado, accepted for filing applications submitted by Emma Farms LLC (hereinafter "Applicant ") for approval of the Subdivision Sketch Plan for the Emma Farms Subdivision, File No. SUS - 00016; and, WHEREAS, the Applicant requested the approval of a Subdivision Sketch Plan for a proposed development consisting of a cluster subdivision of seven home sites in Eagle County (subsequently reduced to five home sites) ranging in size from 6 acres to 10 acres, situated around approximately 50.4 acres of agricultural hay meadow also located in Eagle County. The total area of the parcel is 136.2 acres, of which 106.4 acres is located in Eagle County. An additional 30 acres in common ownership, adjacent to the south in Pitkin County and proposed for two residential dwelling units and similar agricultural uses, is not a part of this application; and, WHEREAS, notice of the Sketch Plan was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearings held on September 22, 2005, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval with conditions of the proposed Subdivision Sketch Plan; and WHEREAS, at its regular public hearings of November 1 and November 8, 2005, the Eagle County Board of Commissioners (hereinafter 'Board "), considered the proposed Subdivision Sketch Plan; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Roaring Fork Valley Regional Planning Commission. C BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS: Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: I. Consistent with Master Plan. [Section 5- 280.B.3.e (1)] -The Subdivision is consistent with the Master Plan, and is consistent with the Future Land Use Map (FLUM). 2. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - It has been demonstrated that, with the recommended conditions, the proposed subdivision may comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts and Article 4, Site Develo ment Standards. 3. Spatial Pattern Shall Be Efficient. [Section 5-280.13.3 -e (3)] - The proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 4. Suitability for Development. [Section 5- 280.B.3.e (4)] - The property proposed to be subdivided is suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 5. Compatible With Surrounding Uses. [Section 5- 280.B.3.e (5)] - With the recommended conditions of approval, the proposed subdivision is compatible with the character of existing land uses in the area and would not adversely affect the future development of the surrounding area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO :,r ,. THAT, subject to the conditions set forth below, the application for the Subdivision Sketch Plan for the Emma Farms Subdivision be and is hereby approved: 1. The subdivision preliminary plan shall comply with revisions submitted by Applicant to show no more than three residential lots along the western boundary at the base of the steeper slopes, and no more than two residential lots along Hooks Lane, a total of five residential lots, and preserve at least 50 percent of the total site in Eagle County as agricultural land. K CII 0 2. The subdivision preliminary plan shall include lot lines such that the final plat for the five new lots will represent a subdivision which is entirely within Eagle County. 3. Primary residential building envelopes shall be reduced to no larger than 1.5 to 2.0 acres unless it can be clearly demonstrated that larger building envelopes are necessary. Secondary envelopes will be defined for wells, septic systems, agricultural outbuildings, barns, landscaping, and non - agricultural fencing. 4. The recommendations made by Wildlife & Wetland Solutions, LLC, to minimize ecological impacts, with appropriate references to Eagle County Standards, shall be clearly incorporated in the subdivision preliminary plan. 5. The subdivision preliminary plan shall clearly demonstrate that enforcement of certain restrictions, such as those pertaining to control of dogs and use of wildlife - friendly fences, will be addressed in covenants in a manner satisfactory to the Director of Environmental Health, and provide for enforcement by Eagle County only as a last resort. 6. The subdivision preliminary plan shall clearly demonstrate that the suggestions and recommendations included in the Geologic Evaluation prepared by CTL Thompson dated 29 November 2004 and revised 15 June 2005 and the letter dated 24 August 2005 from the Colorado Geological Survey have been incorporated into the proposed development. 7. The subdivision preliminary plan shall clearly demonstrate that the recommendations included in the Wildfire Hazard Review prepared by Rocky Mountain Ecological Services, Inc., dated 13 May 2005 have been incorporated into the proposed development. 8. The subdivision preliminary plan shall clearly demonstrate that the concerns of the Basalt and Rural Fire Protection District, including those discussed in its letter dated 11 May 2005, and the Eagle County Road and Bridge Department in its email dated 24 August 2005 have been fully addressed in the proposed development. 9. The subdivision preliminary plan shall indicate that each residential lot should be limited to one approved wood burning device in the primary residence. 10. The Applicant shall work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to identify adequate roadway 3 C (' standards and other appropriate on -site and off -site roadway improvements which are satisfactory to the County Engineer and which are ultimately incorporated in the subdivision preliminary plan. 11. Prior to submission of a subdivision preliminary plan application, the Applicant shall work with the Mid Valley Trails Committee to determine whether and what accommodations ought appropriately be incorporated into the preliminary plan to facilitate implementation of the trails system proposed in the Mid Valley Community Master Plan and the Eagle County Trails Plan for the Roaring Fork Valley, and propose in the preliminary plan effective ways to contribute to the implementation of the proposed trails system. 12. The subdivision preliminary plan shall clearly demonstrate that the concerns identified by the Eagle County Environmental Health Department in its memorandum dated 6 September 2005 have been adequately addressed in a manner satisfactory to the Director of Environmental Health. 13. The Applicant shall work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable drainage, excavation and grading, erosion control, utility and lighting, water supply, and sanitary sewage disposal standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. 14. If the subdivision preliminary plan provides that individual homeowners will be submitting their own grading, drainage and erosion control plans, the preliminary plan shall include design criteria for grading, drainage and erosion control which are satisfactory to the County Engineer. 15. The Applicant shall clearly demonstrate to the Director of Environmental Health prior to submission of a subdivision preliminary plan application whether the proximity /availability of municipal water supply and municipal sewer supply is such that connection to such systems is required pursuant to Section 4 -680, Water Supply Standards and Section 4 -690, Sanitary Sewage Disposal Standards respectively. 16. If sewage disposal is provided via on -site systems, the subdivision preliminary plan shall clearly demonstrate that all new systems will be designed by a Colorado Registered Professional Engineer to accomplish denitrification of the wastewater and be pressure dosed into shallow trench configurations; further, that the existing on -site systems will be upgraded to this technology once any improvements to the existing systems or structures are proposed. M C < 17. Unless the preliminary plan explicitly provides that the overall water system will not serve more than 10 SFE, the subdivision preliminary plan application shall be accompanied by an application pursuant to the requirements of Chapter VI, Eagle County Guidelines and Regulations for Matters of State Interest of the Land Use Regulations, commonly referred to as 1041 Regulations. 18. It shall be clearly demonstrated in the subdivision preliminary plan application that the Basalt Water Conservancy District will provide the necessary augmentation water and that the irrigation water rights be tied to the land. 19. The agricultural open space shall be preserved through a conservation easement agreed to with the Aspen Valley Land Trust or other suitable organization. 20. To the extent practicable, all building envelopes along the western portion of the site shall be tucked back into the slope at the toe of Crown Mountain. 21. The subdivision preliminary plan shall clearly provide for limitations to the number, location and size of primary dwellings, accessory dwellings and accessory buildings consistent with the discussion and representations made during the public hearing for the subdivision sketch plan. 22. The Applicant shall meet with the appropriate adjacent property owners, prior to application for subdivision preliminary plan approval, to explore alternatives regarding an expanded conservation easement on adjacent properties, and shall include in the subdivision preliminary plan application a report of the explorations and results of the meetings. 23. The Applicant shall provide in the subdivision preliminary plan application a detailed examination of internal road, drive and access alternatives, specifically with respect to the proposed drive along the north property line and an extended drive parallel to the toe of the slope along the west property line. 24. The subdivision preliminary plan shall include design guidelines which [a] minimize visual impacts, [b] specify characteristics such as permitted and/or required structure types, heights and colors, and [c] are "friendly to the visual corridor ". 25. The subdivision preliminary plan shall include a proposed agricultural conservation easement agreement. 5 C C 26. The Applicant shall provide in the Preliminary Plan application one or more alternatives to provide for the long term viability of "sustainable ranching" within this development. 27. The Applicant shall demonstrate in the Preliminary Plan application how the homeowners association and/or another organization would enforce the terms of the conservation easement. 28. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. THAT, the Conceptual Sketch Plan for Emma Farms, dated October 30, 2005, attached hereto as Exhibit "A ", be and is hereby approved; THE BOARD further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of 2006, nunc pro tunc to the 8th day of November 2005. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF-COUNTY COMMISSIONERS By: enconi Chairman Peter F. Runyon Commissioner \1 4 X Commissioner 2 Clerk to the Board of County Commissioners C) Commissioner L - `"'Aseconded adoption of the foregoing resolution. The roll having been called, the vote as as follows: Commissioner Am M. Menconi t Commissioner Peter F. Runyon c Commissioner Torn C. Stone This Resolution passed by of Eagle, State of Colorado. vote of the Board of County Commissioners of the County VA I I C C