HomeMy WebLinkAboutR02-017 sketch plan for Rather Subdivision785477
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Sara J Fisher Eagle, Co 37 02/07_/2002 02:01P
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Commissioner. —O mg.2 moved adoption
of the llowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 20(1 (-)/ ?�-
APPROVAL OF THE SUBDIVISION SKETCH PLAN
FOR THE RATHER SUBDIVISION
FILE NO. SUS -00010
WHEREAS, on or about July 3, 2001, the County of Eagle, State of Colorado, accepted
for filing an application submitted by Ray and Maxine Rather (hereinafter "Applicant ") for
approval of the Subdivision Sketch Plan for the Rather Subdivision, File No. SUS - 00010; and,
WHEREAS, the Applicant requested the approval of a Subdivision Sketch Plan which
would allow for the development as follows:
The creation of four (4) single family lots, each 2.5 acres in size, on a 12.1 acre
parcel located on the Eagle County / Pitkin County line on Hooks Lane south of
El Jebel. The homes would be accessed by a new rural residential road from
Hooks Lane. A seven acre common space easement is proposed for the purpose
of providing pasture for horses. Existing irrigation and agricultural use would
continue. Accessory dwelling units would be allowed. Potable water would be
provided through individual'wells, sewage disposal would be by individual
sewage disposal systems. The subject property is presently in the Resource Zone
district, and a zone change would be required at application for Preliminary Plan.
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 September 6, 2001 and December 20, 2001, the
Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended
approval, with conditions, of the proposed Subdivision Sketch Plan; and
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WHEREAS, a public hearing was held by the Board of County Commissioners
(hereinafter the 'Board ") of the County of Eagle, State of Colorado, on January 8, 2002 to
consider this Sketch Plan application; and
WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the
unincorporated areas of Eagle County, comments of the Eagle County Department of
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado, finds as follows:
That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for
the review of a Sketch and Preliminary Plan for Subdivision:
(1) Consistency with Master Plan. It may be demonstrated that the proposed
subdivision will be consistent with the Eagle County Master Plan and the Future
Land Use Map (FLUM) of the Master Plan.
(2) Consistent with Land Use Regulations. It may be demonstrated that the
proposed subdivision will 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 Development
Standards
(3) Spatial Pattern Shall Be Efficient. 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. It may be demonstrated that the property proposed
for subdivision will be 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) Compatibility with Surrounding Uses. It may be demonstrated that the
proposed subdivision will be compatible with the character of existing land uses
in the area, and will not adversely affect the future development of the
surrounding area.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the application for approval of the Subdivision Preliminary Plan for the Rather
Subdivision be and is hereby approved, subject to compliance with the following conditions:
That the application for subdivision be modified to indicate a division of the
property into two lots. It shall be at the applicant's discretion whether the lots are
approximately 6 acres in size without an open space parcel, or whether the lots
will be smaller with an open space parcel.
2. That concurrent with application for Preliminary Plan approval, the Applicant
submit an application for a Zone Change for the effected parcel.
3. That the application for Preliminary Plan approval include an Environmental
Impact Report consistent with provisions of Section 4 -460 of the Eagle County
Land Use Regulations and/or sufficient to satisfy the concerns of the Eagle
County Department of Environmental Health (memo of 08/22/01).
4. That prior to Preliminary Plan approval the Applicant cease irrigation on the
property for a period of time sufficient to allow for a full evaluation of the site by
the Colorado Geological Survey (letter of 08/15/01).
5. That prior to Preliminary Plan approval the Applicant provide evidence that issues
related to site suitability as defined by the Colorado Geological Survey (08/15/01),
the Northwest Council of Governments (08/08/01) and the Eagle County
Department of Environmental Health (08/22/01) have been adequately addressed.
6. That prior to Preliminary Plan approval the Applicant provide evidence that issues
related to water supply, as detailed by the State Engineer (08/07/01), have been
resolved.
7. That prior to Preliminary Plan approval the Applicant demonstrate that design
criteria related to fire suppression and wildfire protection, as detailed in the
referral responses from the Colorado State Forest Service (08/06/01) and the
Basalt Rural Fire District (09/06/01) has been incorporated into the plan.
8. That prior to Preliminary Plan approval, the Applicant respond with sufficient
detail to all requirements of Article 4, Site Development Standards of Eagle
County's Land Use Regulations, with particular emphasis on Division 4 -6,
Improvements Standards, as requested by Eagle County Engineering (06/18/01)
and as further outlined in referral responses from the Colorado Geological Survey
(08/15/01), the Northwest Colorado Council of Governments (08/08/01), and the
report by CTL Thompson, Inc. (10/3 1 /0 1).
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THAT, the Sketch Plan submitted under this application and hereby approved does not
constitute a "site specific development plan" as that phrase is defined and used in C.R.S. Section
24 -68 -101, et seq.
THAT 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 Commission of the
County of Eagle, State of Colorado, at its regular meeting held this c ..day ofd
2002, nunc pro tunc to the 8 ' day of January, 2002
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY
COMMISSIONERS
ATTEST:
9. That agricultural out buildings shall be limited to 2,000 square feet for the
combined properties or 1,000 square feet for individual lots.
10. That a note be placed on the final plat for the subdivision requiring homeowners
to connect to centralized water and/or sewage disposal systems should they
become available.
11. That all material representations made by the Applicant in submitted materials
and in public meetings shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions
an
Sara J. Fisher
Clerk to the Board of
County Commissioners
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an
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Commissioner D seconded adoption of the foregoing Resolution.
The roll having been called, the vote was as follows:
Commissioner Tom C. Stone OL LWI--
Commissioner Michael L. Gallagher 0,4e
Commissioner Am M. Menconi
This Resolution passed by c ' vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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