HomeMy WebLinkAboutR02-172 Williams Parcels Exemption • • 1 3
Commissioner )41711 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 - / 7
EXEMPTION FROM SUBDIVISION
WILLIAMS PARCELS EXEMPTION
FILE NO. SE 00032
WHEREAS, the Board of County Commissioners of the County of Eagle, State of
Colorado (hereinafter the "Board "), is authorized, pursuant to State enabling legislation
including, but not limited to, C.R.S. §30 -28 -101, et semc ., to plan for and regulate the use and
development of land in the unincorporated territory of the County of Eagle, State of Colorado,
for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the
present and future inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such zoning and subdivision regulations, which land
use regulations have been incorporated into one comprehensive document entitled "Eagle County
Land Use Regulations" (hereinafter the "L.U.R. "), pursuant to Eagle County Resolution No. 98-
147; and
WHEREAS, Chapter 5, Section 5 -270 of the L.U.R. provides that the Board of County
Commissioners may, pursuant to a Resolution duly adopted at a public meeting, exempt from the
provisions of Section 5 -280, Subdivision, division of land under certain circumstances; and
WHEREAS, William Ranch Investments, LLC ( "Applicant ") is the owner in fee simple
of that property in Eagle County known as Portion of Parcel "A ", Williams Ranch, and more
commonly known as 1035 West Lake Creek Road, Edwards, Colorado ( "Subject Property"); and
WHEREAS, Applicant has requested to modify the lot lines of two 4+ acre parcels
within the Subject Property created in 1983 pursuant to the Rural Homesite Provisions of the
1982 Eagle County Subdivision and Zoning Regulations; and
WHEREAS, the Department of Community Development has recommended that these
lot line modifications be accomplished through an Exemption Resolution as well as an Amended
Final Plat rather than only an Amended Final Plat because the boundaries of one of the three
parcels, Parcel 1, are not fully included within the boundaries of the original Williams Parcels
Subdivision; and
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WHEREAS, the modified Parcel 1 will be exactly equal in size to the originally created
Parcel 1, the visual and environmental impacts associated with the development of the modified
Parcel 1 will be less than the impacts associated with the development of the originally created
Parcel 1, and the modified Parcel 1 will maintain the spirit and intent of the Rural Homesite
Regulations under which it was created; and
WHEREAS, the purpose of the Subdivision Exemption Section of the L.U.R. is to
permit the division of land that is not generally within the purposes of Chapter 5, Section 5 -280,
Subdivision; and
WHEREAS, listed examples in the L.U.R. of Subdivision Exemption are a division to
align boundaries with topographic features or to straighten boundaries of non - platted, contiguous
lots which are not subject to merger; and
WHEREAS, this Subdivision Exemption application is similar to the above - stated
examples and appropriate for Subdivision Exemption pursuant to Chapter 5, Section 5 -270 of the
L.U.R. as this is a type of land division not generally within the purposes of Chapter 5, Section 5-
280, Subdivision; and
WHEREAS, an adequate building site, adequate access, adequate potable water, and
adequate sewage treatment facilities are available for this property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, after public notice was given pursuant to law, the Board held a public hearing to
consider the application for Exemption to Subdivision including relevant supporting materials,
Staff Report, and public testimony given at the hearing.
THAT, the application follows the general purpose and intent of the subdivision
exemption process as outline in Chapter 5, Section 5 -270 of the L.U.R.
THAT, this is a type of land division not generally contained within the purposes of
Chapter 5, Section 5 -280, Subdivision.
THAT, the intent of Chapter 5, Section 5 -280, Subdivision, will be met by this approval.
THAT, there is an adequate building site, adequate access, adequate potable water, and
adequate sewage available for the property.
THAT, the exemption will not create hazards and the lot will contain a safe, adequate
building site.
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THAT, approval of this Exemption request minimizes development impacts on
neighboring properties.
THAT, this Exemption for Subdivision Request is hereby approved.
THAT, the reconfiguration of Parcel 1 will be allowed to be shown on an Amended Final
Plat on the Williams Parcel referencing this Exemption Resolution as a Plat Note.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
ra • ct.64.0.01.et
Clerk to the Bo. of * cncoa * °o Michael L. Gallagher
County Commissioner Commissioner
■■
_`,ii
• . Menconi
Commissioner
II f
To ` . Ston-
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, a vote was as follows:
Commissioner Gallagher
Commissioner Menconi L
Commissioner Stone G.
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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