Community Planning & Permitting

Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org

BOULDER COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING

March 11, 2021 at 9:30 A.M. Hearing to be Held Virtually due to COVID-19

STAFF RECOMMENDATION

STAFF PLANNER: Jean (Raini) Ott, AICP, CFM, Planner II

Docket V-20-0007/SE-20-0011: Rehder-Wolf Vacation and Boundary Line Adjustment Request: Request to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition, and Subdivision Exemption request for a boundary line adjustment to add approximately 0.18 acres to an approximately 3.8-acre parcel from an approximately 153.2- acre parcel. Location: 2310 & 2700 Lake Eldora Ski Road, located on the north side of Lake Eldora Ski Road approximately 2 miles west of its intersection with Eldora Road, in Section 20, Township 1S, Range 73W. Zoning: Forestry (F) Zoning District Applicants: Timothy R. Rehder and McKenzie Wolf Owners: Timothy R. Rehder, McKenzie Wolf, Mari Anne Gambotto, Eldora Property LLC Et Al (c/o Donna Cartwright), and Energy Resources Technology Land Et Al (c/o Donna Cartwright)

PACKET CONTENTS Item Pages Staff Recommendation 1 – 10 Planning Commission Action Letter & Certificate of Resolution PC1 – PC4 Application Materials (Attachment A) A1 – A17 Referral Responses and Public Comments (Attachment B) B1 – B17 Easement Documents (Attachment C) C1 – C9

SUMMARY The applicants are requesting to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition adjacent to 2310 (“Rehder-Wolf parcel”) and 2700 Lake Eldora Ski Road (“Eldora/Energy Resources Tech parcel”). A Subdivision Exemption request for a boundary line adjustment to add approximately 0.18 acres, including the vacated area if approved, to Matt Jones County Commissioner Claire Levy County Commissioner Marta Loachamin County Commissioner the approximately 3.8-acre Rehder-Wolf parcel from the approximately 153.2-acre Eldora/Energy Resources Tech parcel is also proposed. Staff finds the request can meet the Vacation Criteria and Subdivision Exemption Criteria in the Boulder County Land Use Code Articles 10-100 and 9-400, respectively, and recommends approval with conditions.

DISCUSSION The Trout Avenue, Sixth Street, and Fifth Street rights-of-way were established as part of the Petersen Lake Addition to the Town of Eldora filed in 1898 (Figure 1). Roadways were never constructed, and the Public Works Department has no future plans to improve the subject rights-of- way. The applicants request only those portions of Trout Avenue, Sixth Street, and Fifth Street that fall within the area described in the access and utility easement recorded April 12, 2019 at Reception No. 03706945 (“the easement” in Attachment C) be vacated. In addition, the applicants request that the vacated area and the areas of the Eldora/Energy Resources Tech parcel also described in the easement, totaling approximately 0.18 acres, be combined with the Rehder-Wolf parcel as shown in Figure 1 below.

Figure 1: Petersen Lake Addition Plat (left) and Aerial Map (right) with Approximate Area Described in the Easement (blue) The purpose of the proposed Vacation and boundary line adjustment is to accommodate a potable water well on the Rehder-Wolf parcel. Due to the existing steep topography, a new well in the location originally contemplated during the 2018 Site Plan Review process (SPR-18-0045), uphill from the residence, would require more site disturbance than if the well was located within the easement area next to the existing driveway. However, per discussions with the applicants, the State Engineer would not issue a well permit for a new well located within an easement. Consequently, the applicants are requesting that the 0.18-acre easement area be transferred to their parcel (Rehder- Wolf).

Staff is recommending a condition of approval requiring that utility easements be conveyed to the entities that have utilities within the rights-of way proposed to be vacated in order to maintain existing services in the area. Further, if the Vacation and Subdivision Exemption requests are approved, staff recommends requiring that the applicants exclude any portion of Lake Eldora Ski Road from the final legal description for the resulting parcel, as shown in Figure 2 below.

Figure 2: Topographic Map with Two-Foot Contours and Final Configuration of Rehder-Wolf Parcel (blue) as Conditioned

With the recommended conditions of approval, staff supports the requests since they would not preclude any parcels from having legal access and do not otherwise conflict with the criteria in the Land Use Code or with the Boulder County Comprehensive Plan.

REFERRALS This application was referred to the typical agencies, departments, and adjacent property owners. Copies of all referral responses received by the Community Planning & Permitting Department are attached. Responses summarized below include comments related to both the Vacation and Subdivision Exemption applications.

Boulder County Development Review Team – Access & Engineering/County Engineer: This team reviewed the proposal and responded that legal access has been demonstrated to the subject parcels. The response also noted that the easement exhibit describing the area for vacation and the boundary line adjustment includes a portion of the Lake Eldora Ski Road right-of-way, for which vacating is not supported by the County Engineer. Therefore, prior to recordation of new deeds, the applicant must submit a revised map which demonstrates the final parcel configuration, clearly delineating the new property boundaries and excluding any of the Lake Eldora Ski Road right-of- way. In addition, the applicant must provide copies of recorded easements where it is necessary to cross intervening private property to access the property at 2310 Lake Eldora Ski Road. With these amendments, the County Engineer supports the vacation request.

Adjacent Property Owners: Notifications were sent to 45 adjacent property owners. One response was received from the Eldora Ski Resort requesting the applicant survey locations of electrical facilities and establish utility easements as necessary for access and maintenance.

Agencies that responded with no conflict: Boulder County Building Safety & Inspection Services Team, Boulder County Historic Preservation Team, Boulder County Wildfire Mitigation Team, Boulder County Public Health Department, Xcel Energy, and Nederland Fire Protection District. 3

Agencies that did not respond: Boulder County Conservation Easement Program, Boulder County Surveyor, Town of Nederland, Gilpin County, U.S. Forest Service, History Colorado, and Boulder Valley & Longmont Conservation Districts.

VACATION REVIEW Article 10-100 of the Boulder County Land Use Code sets the standards for Vacations of Public Roads, Alleys, and Easements. Staff has reviewed the request to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition against the criteria and finds the following:

(A) Public roads, alleys, and easements may be vacated after consideration at a public hearing by both the Planning Commission and the Board of County Commissioners.

This docket was heard by Planning Commission on January 20, 2021, where the Planning Commission recommended conditional approval to the Board of County Commissioners. Staff subsequently scheduled a public hearing for March 11, 2021 with the Board of County Commissioners. Therefore, staff finds this criterion can be met.

(B) Unless otherwise noted, the portions of the road or alley vacated will be divided down the centerline and added to the respective adjacent property.

The applicants request to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition that fall within the area described in the easement recorded April 12, 2019 at Reception No. 03706945. However, a portion of the area described in this easement is also within the Lake Eldora Ski Road right-of-way and the County Engineer does not support the request as proposed.

The request specifies that the vacated areas will be transferred in their entirety to the Rehder- Wolf parcel, instead of being split down the centerline. The goal of the request is to add land area to the Rehder-Wolf parcel that is better suited to accommodate a new well. Thus, splitting the vacated rights-of-way down the center would not accomplish the stated goals of the applicants. Since this departure from the typical division down the centerline is noted in the application materials and does not otherwise conflict with the criteria, staff supports the request to merge the vacated rights-of-way with the Rehder-Wolf parcel only.

In addition, per the comments from Eldora Ski Resort, there are existing electrical facilities within the easement area. As a condition of approval, staff recommends requiring the applicant to submit a revised map prior to recordation of new deeds which demonstrates the final parcel configuration, clearly delineates the new property boundaries and the Lake Eldora Ski Road right-of-way, and excludes any portion of the Lake Eldora Ski Road right- of-way. This map must also include the locations of existing electrical facilities and delineate any necessary utility easements with a minimum 10-foot width.

With the recommended conditions of approval, the County Engineer supports the request and staff finds this criterion can be met.

The submitted application materials meet the requirements found in Article 3. In accordance with Article 3, staff referred the application to applicable referral agencies and all property owners within 1,500 feet of the subject property. The application was heard at a public hearing before the Planning Commission on January 20, 2021, and the Planning Commission recommended conditional approval. The application will be heard by the Board of County Commissioners at a public hearing on March 11, 2021.

Therefore, staff finds this criterion can be met.

(D) Following approval or conditional approval of a Vacation, the applicant shall submit to the Land Use Department all necessary documents.

The applicant shall comply with all conditions of approval in order for the vacation to be effective. Therefore, staff finds this criterion can be met.

(E) The Vacation becomes effective upon recordation of the Board's resolution of approval with the Boulder County Clerk and Recorder's office.

1. Prior to recordation, the applicant must comply with and complete all conditions of approval.

2. The Land Use Department staff shall record the Commissioner’s resolution of approval with the Clerk and Recorder’s office within 1 year of the Commissioners’ approval unless otherwise specified.

If the vacation is approved by the Board of County Commissioners, upon completion of post approval requirements, Community Planning & Permitting staff will record a copy of the Board's Resolution of Approval with the Boulder County Clerk & Recorder. Therefore, as conditioned, staff finds this criterion can be met.

PLANNING COMMISSION HEARING The request to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition (V-20-0007) was considered by the Boulder County Planning Commission at a public hearing on January 20, 2021. Only the Vacation portion of this docket is required to be heard by the Planning Commission; the Subdivision Exemption only requires Board of County Commissioners’ approval. Commissioners Sam Libby (Vice-Chair), Mark Bloomfield (Second Vice-Chair), Lieschen Gargano, Gavin McMillan, Melanie Nieske, Sam Fitch, and Daniel Hilton were in attendance. Commissioners Ann Goldfarb (Chair) and Todd Quigley were excused.

Staff presented the applicant’s proposal and staff’s recommendation for the Vacation request. The applicant, Timothy Rehder, briefly spoke about the request. There were no comments from members of the public during the public comment period.

The Boulder County Planning Commission moved to conditionally approve and recommend to the Board of County Commissioners conditional approval of Docket V-20-0007: Rehder-Wolf Vacation, subject to the conditions in the Staff Recommendation. The motion passed unanimously.

SUBDIVISION EXEMPTION CRITERIA Articles 9-400 and 9-500 of the Boulder County Land Use Code outlines the review criteria, conditions of approval, and post-approval requirements for Subdivision Exemptions. Staff has reviewed the criteria and finds the following regarding the requested boundary line adjustment:

(1) For Subdivision Exemptions only, if the exemption would result in an increase in the number of currently existing lots, any identified land use impacts associated with the increase are sufficiently mitigated.

The request is for a boundary line adjustment to add approximately 0.18 acres to the 3.8-acre Rehder-Wolf parcel from the 153.21-acre Eldora/Energy Resources Tech parcel, resulting in one 3.98-acre parcel and one 153.03-acre parcel respectively. This docket does not include any recognition of Building Lots and only considers the transfer of the 0.18-acre easement area, which does not recognize building lot status of the Eldora/Energy Resources Tech property. No additional units of density are being requested or are being recognized through the subject request.

Therefore, staff finds this criterion is met.

(2) For Exemption Plats Only, if the originally-approved Subdivided Lots were 1.1 acres or less, the size of each of the proposed lots shall not change by more than 15 percent, unless served by public water and sewer.

The subject property is not in a platted subdivision; therefore, this criterion is not applicable.

(3) The proposed lots shall have legal access.

Legal access to the Rehder-Wolf parcel is currently demonstrated via the access easement dated April 12, 2019 at Reception No. 03706945. The existing Eldora/Energy Resources Tech parcel is adjacent to Lake Eldora Ski Road, which is a Boulder County-owned and maintained public right-of-way, and the resulting Rehder-Wolf parcel will also be adjacent to Lake Eldora Ski Road. However, per the referral response from Access & Engineering, the applicant must provide copies of recorded easements where, and if, it is necessary to cross intervening private property to access the Rehder-Wolf parcel and staff recommends a condition of approval to that effect. As conditioned, staff finds legal access for both properties will be maintained and the proposal will not impact existing legal access for any other parcels.

As conditioned, staff finds this criterion can be met.

(4) The proposed lots and potential development on them shall be capable of being served by an adequate physical access, including for emergency and non-emergency purposes, which meets the requirements of the County Engineer, and, if applicable, the local fire protection district.

Physical access to the Rehder-Wolf parcel was approved through Site Plan Review (SPR-18- 0045), and no changes to the existing driveway are proposed. The Eldora/Energy Resources Tech parcel also has existing physical access and no changes are proposed. The requested boundary line adjustment would not impact either existing physical access.

Therefore, staff finds this criterion is met.

(5) The proposed lots and potential development on them shall be capable of being served by an adequate water supply.

The subject properties are legal building lots eligible to receive well permits from the State Engineer and the proposed boundary line adjustment would enable a water well to be located in a better location, which involves less site disturbance and is less impactful, on the Rehder- Wolf parcel. Therefore, staff finds this criterion is met.

(6) The proposed lots and potential development on them shall be capable of being served by an adequate onsite wastewater system or sewage treatment system as required by Boulder County Public Health.

A new on-site wastewater treatment system (OWTS) was installed on the Rehder-Wolf parcel under a permit issued in 2018 and, at over 153 acres, the Eldora/Energy Resources Tech parcel is capable of being served by an adequate OWTS while still meeting all the required setbacks. Therefore, staff finds this criterion is met.

(7) Adequate public facilities and services shall exist to serve the proposed lots and potential development on them.

The subject properties are adjacent to a public right-of-way, as proposed, and adequate public facilities and services exist in the area from the nearby Town of Nederland, including transportation, police protection, schools, recreation, telephone, mail, gas, electric power, and other services. With the recommended condition of approval under the Vacation criteria to establish utility easements within the vacated rights-of-way, staff does not anticipate any negative impacts on public facilities or services. Further, the Nederland Fire Protection District responded with no concerns regarding the requests.

As conditioned, staff finds this criterion can be met.

(8) If any of the proposed lots are in the Floodplain Overlay District:

a. The potential impacts of creating the proposed lots or portions of proposed lots within the Floodplain Overlay District shall be sufficiently mitigated; and b. The development upon the proposed lots shall be possible outside the Floodplain Overlay District; or c. The potential development upon the proposed lots shall be capable of obtaining a floodplain development permit under Article 4-400 of this Code, as determined by the County Engineer.

The subject parcels are not located within a Floodplain Overlay District; therefore, this criterion is not applicable.

(9) The proposed lots and development on them shall be in harmony with the character of the neighborhood and compatible with the surrounding area and shall be appropriately landscaped and screened to minimize the obtrusiveness of structures and maximize visual blending with the surrounding topography.

The proposed boundary line adjustment to add approximately 0.18 acres to the 3.8-acre Rehder-Wolf parcel, also known as the Happy Jacks mining claim, from the 153.2-acre Eldora/Energy Resources Tech parcel does not substantially change the sizes of the two subject properties. The Eldora/Energy Resources Tech parcel consists of large portions of Sections 28 and 29 and the Petersen Lake Addition, making its existing configuration in the area of the requested boundary line adjustment irregular due to existing undeveloped rights- of-way.

Other parcels in the surrounding area range from less than one acre to over 200 acres, with many being mining claims of five acres or less. Although the resulting Rehder-Wolf parcel boundaries are irregular, characteristic of many mining claims, staff finds the resulting parcels to be in harmony with the character of the surrounding area in both size and shape.

Potentially historic existing structures are located on the Eldora/Energy Resources Tech parcel, mostly on the opposite side of Petersen Lake from the area of the requested boundary line adjustment, and no conflicts were identified by the Historic Preservation Team. The existing residence that is currently under construction on the Rehder-Wolf parcel was approved in 2019 (SPR-18-0045 and BP-19-0905). No new development is proposed on either parcel and staff does not anticipate any negative visual impacts resulting from the requested boundary line adjustment.

Therefore, staff finds this criterion is met.

(10) The proposed lots and potential development on them shall not be subject to, or contribute to, significant risk from natural hazards such as unstable soils, steep or unstable slopes, floods, and wildfire.

Debris Flow, Rockfall, and Landslide High Susceptibility Areas as identified in the Boulder County Comprehensive Plan are located on the subject properties, though only Debris Flow and Rockfall areas are noted within the 0.18-acre easement area proposed to be transferred. However, no greater risk of harm to people or property would result from the requested boundary line adjustment. In fact, the proposed configuration of the Rehder-Wolf parcel would allow a new water well to be drilled on a more level area rather than on the steep slopes within these geological hazards. Both subject properties have existing development on them, and no new development is proposed as part of this request. In addition, no referral agency responded with a concern regarding geological or other hazards.

Therefore, staff finds this criterion is met.

(11) The proposed lots and potential development on them shall not have a significant adverse impact on environmental resources identified in the Comprehensive Plan or through the review of the application, such as Wetlands and Riparian Areas; plant communities and vegetative cover; Critical Wildlife Habitat and Migration corridors; Natural Areas and Natural Landmarks; Environmental Conservation Areas; agricultural, forestry, or open lands; and views, vistas, and scenic corridors.

There are several environmental resource areas present on the subject properties as identified in the Comprehensive Plan, including Critical Wildlife Habitats, Wetlands, and Significant Natural Communities. The Critical Wildlife Habitat surrounding Petersen Lake runs through the 0.18 acres proposed to be transferred to the Rehder-Wolf property. However, the 8

requested boundary line adjustment would reduce impacts on topography and vegetation by enabling a new well to be constructed next to the existing driveway rather than on the steep hillside above the residence and staff does not otherwise anticipate negative impacts to environmental resources resulting from the request. In addition, no referral agency responded with a concern regarding environmental resources.

Therefore, staff finds this criterion is met.

(12) The proposed lots and potential development on them shall not have a significant adverse impact on historic, cultural, or archaeological resources identified in the Comprehensive Plan or through the review of the application.

Potentially historic existing structures are located on the Eldora/Energy Resources Tech parcel, but mostly on the opposite side of Petersen Lake from the area of the requested boundary line adjustment. However, the Historic Preservation Team responded with no concerns since no historic structures are located within or nearby the area of the requested boundary line adjustment.

Therefore, staff finds this criterion is met.

(13) The proposed lots and potential development on them shall not cause unnecessary or excessive site disturbance or erosion, or alter historic drainage patterns.

No new development is proposed and the requested boundary line adjustment would actually result in reduced site disturbance since it would enable a new well to be constructed next to the existing driveway rather than on the steep slope above the residence. Staff does not otherwise anticipate any negative impacts resulting from the subject request.

Therefore, staff finds this criterion is met.

(14) The proposed lots and potential development on them shall be in accordance with the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development, and this Code.

Staff finds no conflict with the Comprehensive Plan, Land Use Code, or Nederland Area Comprehensive Development Plan Intergovernmental Agreement affecting the subject properties. Therefore, staff finds this criterion is met.

(15) Where the division creates Parcels for use as community facilities such as public parking areas, public or private educational facilities, public parks, and open space purchase by a public entity, and utility land acquisitions including for utility substations without any dwelling units, an exemption may be approved for the placement of a community facility where the size, location and available services are reasonable, appropriate, and customary for the proposed use.

This application does not involve community facilities; therefore, this criterion is not applicable.

RECOMMENDATION Staff has determined that the proposal can meet all the applicable criteria of the Boulder County Land Use Code for both a Vacation and a Subdivision Exemption. Therefore, staff recommends the Board of County Commissioners conditionally approve docket V-20-0007/SE-20-0011 Rehder- Wolf Vacation and Boundary Line Adjustment with the following conditions:

1. Prior to recordation of Resolution or deeds, the applicants must submit a revised map which demonstrates the final parcel configuration, clearly delineates the new property boundaries, and excludes any portion of the Lake Eldora Ski Road right-of-way. This map must also include the locations of existing electrical facilities and delineate any necessary utility easements with a minimum 10-foot width.

2. To accommodate existing utilities within the subject rights-of-way for which there are currently no easements, the applicant must convey utility easements to the entities that have utilities within the rights-of way to be vacated.

3. The applicants must provide copies of recorded easements where, and if, it is necessary to cross intervening private property to access Parcel No. 158320000036 (2310 Lake Eldora Ski Road).

4. Only those portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way within the area described in the easement recorded April 12, 2019 at Reception No. 03706945 are vacated and, as proposed, will be transferred entirely to Parcel No. 158320000036 (2310 Lake Eldora Ski Road). No portion of the Lake Eldora Ski Road/County Road 140 right-of- way is vacated.

5. The applicants shall meet all the post approval requirements within one year after the date of the Board of County Commissioners’ Resolution approving this vacation. This Resolution and associated documents shall also be recorded by Community Planning & Permitting Staff with the County Clerk and Recorder’s Office within this one-year timeframe. This vacation approval shall not be considered final or effective until this recordation. Finally, this vacation approval shall expire if recordation does not occur within the required one-year timeframe (unless an extension is granted).

6. The applicants shall comply with all applicable post-approval requirements for a Subdivision Exemption as listed in Article 3-206.C of the Land Use Code, within one year after the date of approving the docket, unless an extension(s) of time is granted as allowed in Article 9-700 of the Land Use Code.

7. This docket does not include any recognition of Building Lots and only considered the transfer of the 0.18-acre easement area, which does not recognize building lot status of the Eldora/Energy Resources Tech property (2700 Lake Eldora Ski Road). No additional units of density are being requested or are being recognized through the subject request.

8. The applicants shall be subject to the terms, conditions, and commitments of record and in the file for docket V-20-0007/SE-20-0011 Rehder-Wolf Vacation and Boundary Line Adjustment.

Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 • Fax: 303.441.4856 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org

January 21, 2021

Timothy R. Rehder 1910 East Street Golden, CO 80401

McKenzie Wolf 188 Good Friday Road Boulder, CO 80302

Eldora Property LLC Et Al Energy Resources Technology Land Et Al c/o Donna Cartwright 229 Terry St. Longmont, CO 80501

Dear Applicants:

This letter certifies that a hearing of the Planning Commission, County of Boulder, State of Colorado, was duly called and held on Wednesday, January 20, 2021 in consideration of the following request:

Docket V-20-0007: Rehder-Wolf Vacation Request to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition. The application is submitted by Timothy R. Rehder & McKenzie Wolf, Mari Anne Gambotto, Eldora Property LLC Et Al (c/o Donna Cartwright), and Energy Resources Technology Land Et Al (c/o Donna Cartwright). The proposal is in the Forestry zoning district at 2310 & 2700 Lake Eldora Ski Road, located on the north side of Lake Eldora Ski Road approximately 2 miles west of its intersection with Eldora Road, in Section 20, Township 1S, Range 73W.

The Planning Commission has recommended that the request be CONDITIONALLY APPROVED, subject to the following conditions:

1. Prior to recordation of Resolution and deeds, the applicant must submit a revised map which demonstrates the final parcel configuration, clearly delineates the new property boundaries, and excludes any portion of the Lake Eldora Ski Road right-of-way. This map must also include the locations of existing electrical facilities and delineate any necessary utility easements with a minimum 10-foot width. 2. To accommodate existing utilities within the subject rights-of-way for which there are currently no easements, the applicant must convey utility easements to the entities that have utilities within the rights-of way to be vacated. 3. Only those portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way within the area described in the easement recorded April 12, 2019 at Reception No. 03706945 are vacated and, as proposed, will be transferred entirely to Parcel No. 158320000036 (2310 Lake Eldora Ski Road). No portion of the Lake Eldora Ski Road/County Road 140 right-of-way is vacated. 4. The applicant shall meet all the post approval requirements within one year after the date of the Board of County Commissioners’ Resolution approving this vacation. This Resolution and associated documents shall also be recorded by Community Planning &

Matt Jones County Commissioner Claire Levy County Commissioner Marta Loachamin County Commissioner

PC1

Permitting Staff with the County Clerk and Recorder’s Office within this one-year timeframe. This vacation approval shall not be considered final or effective until this recordation. Finally, this vacation approval shall expire if recordation does not occur within the required one-year timeframe (unless an extension is granted). 5. The applicant shall be subject to the terms, conditions, and commitments of record and in the file for Docket V-20-0007 Rehder-Wolf Vacation.

This docket has been scheduled for final consideration by the Board of County Commissioners on March 11, 2021 at 9:30 A.M.

If you have any additional questions, please feel free to contact me at (720) 564-2271 or via email at [email protected].

Sincerely,

Jean (Raini) Ott, CFM, AICP, Planner II Planning Division Community Planning & Permitting Department

PC2 Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 • Fax: 303.441.4856 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org

CERTIFICATE OF RESOLUTION

TO: Board of Boulder County Commissioners FROM: Boulder County Planning Commission DATE: January 21, 2021 RE: Docket V-20-0007

This certifies that at a public hearing of the Planning Commission, County of Boulder, State of Colorado, duly called and held on January 20, 2021 the following resolution was duly adopted.

Be it resolved that the Planning Commission, County of Boulder, State of Colorado, recommends to the Board of County Commissioners that the following request be CONDITIONALLY APPROVED, by a vote of 7 in favor, 0 against, 0 abstaining, and 2 excused.

Subject to the following conditions: 1. Prior to recordation of Resolution and deeds, the applicant must submit a revised map which demonstrates the final parcel configuration, clearly delineates the new property boundaries, and excludes any portion of the Lake Eldora Ski Road right-of-way. This map must also include the locations of existing electrical facilities and delineate any necessary utility easements with a minimum 10-foot width. 2. To accommodate existing utilities within the subject rights-of-way for which there are currently no easements, the applicant must convey utility easements to the entities that have utilities within the rights-of way to be vacated. 3. Only those portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way within the area described in the easement recorded April 12, 2019 at Reception No. 03706945 are vacated and, as proposed, will be transferred entirely to Parcel No. 158320000036 (2310 Lake Eldora Ski Road). No portion of the Lake Eldora Ski Road/County Road 140 right-of-way is vacated. 4. The applicant shall meet all the post approval requirements within one year after the date of the Board of County Commissioners’ Resolution approving this vacation. This Resolution and associated documents shall also be recorded by Community Planning & Permitting Staff with the County Clerk and Recorder’s Office within this one-year timeframe. This vacation approval shall not be considered final or effective until this recordation. Finally, this vacation approval shall expire if recordation does not occur within the required one-year timeframe (unless an extension is granted). 5. The applicant shall be subject to the terms, conditions, and commitments of record and in the file for Docket V-20-0007 Rehder-Wolf Vacation.

This docket has been scheduled for final consideration by the Board of County Commissioners on March 11, 2021 at 9:30 A.M.

Matt Jones County Commissioner Claire Levy County Commissioner Marta Loachamin County Commissioner

PC3

BOULDER COUNTY PLANNING COMMISSION

Jean (Raini) Ott, CFM, AICP, Planner II for Dale Case, Secretary

PC4 Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 • Fax: 303.441.4856 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org

MEMO TO: Referral Agencies FROM: Jean (Raini) Ott, CFM, AICP, Planner II DATE: December 9, 2020 RE: Docket V-20-0007/SE-20-0011

Docket V-20-0007/SE-20-0011: Rehder-Wolf Vacation and Boundary Line Adjustment Request: Request to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition, and Subdivision Exemption request for a boundary line adjustment to add approximately 0.18 acres to an approximately 3.8-acre parcel from an approximately 153.2-acre parcel. Location: 2310 & 2700 Lake Eldora Ski Road, located on the north side of Lake Eldora Ski Road approximately 2 miles west of its intersection with Eldora Road, in Section 20, Township 1S, Range 73W. Zoning: Forestry (F) Applicants: Timothy R. Rehder & McKenzie Wolf Property Owners: Timothy R. Rehder & McKenzie Wolf, Mari Anne Gambotto, Eldora Property LLC Et Al (c/o Donna Cartwright), Energy Resources Technology Land Et Al (c/o Donna Cartwright)

A Vacation (V) may be requested in order for public rights of way to be conveyed to adjacent property owners. A Subdivision Exemption (SE) is a waiver of the usual subdivision requirements that typically include a Boundary Line Adjustment, Lot Recognition, or Community Facility Lot split. These processes include public hearings before the Boulder County Planning Commission (required for Vacations) and the Board of County Commissioners (required for Vacations and Subdivision Exemptions). All adjacent property owners and holders of liens, mortgages, easements or other rights in the subject property are notified of these hearings.

The Community Planning & Permitting staff, Planning Commission, and County Commissioners value comments from individuals and referral agencies. Please check the appropriate response below or send a letter. Late responses will be reviewed as the process permits; all comments will be made part of the public record and given to the applicant. Only a portion of the submitted documents may have been enclosed; you are welcome to call the Community Planning & Permitting Department to request more information. If you have any questions regarding this application, please contact the Community Planning & Permitting Department office at 720-564-2271 or me via email at [email protected].

Please return responses to the above address by December 28, 2020. (Please note that due to circumstances surrounding COVID-19, application timelines and deadlines may need to be modified as explained in the CPP Notice of Emergency Actions issued March 23, 2020 (see https://boco.org/covid-19-cpp-notice-20200323)). _____ We have reviewed the proposal and have no conflicts. _____ Letter is enclosed.

Signed______PRINTED Name______Agency or Address ______

Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner

A1 A2 A3 Boulder County Land Use Department Planning Application Form

Form: P/01 – Rev.07.23.18 – g:/publications/planning/p01-planning-application-form.pdf

Additional Signature:

Signature of Property Owner Printed Name Mari A. Gambotto

A4 Vicinity

2700, 2310 LAKE ELDORA SKI RD

Subject Parcel Nederland Municipalities Subdivisions Subdivisions

0 0.35 0.7 Miles

Area of Detail Date: 12/4/2020

Lyons Longmont Jamestown Ward Erie Boulder Nederland Louisville

The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer wtodacheene A5 Location 2700, 2310 LAKE ELDORA SKI RD

Subject Parcel Subdivisions Subdivisions

LAKE ELDORA SKI RD

Peterson Lake

Lake Eldora

0 0.085 0.17 Miles

Area of Detail Date: 12/4/2020

Lyons Longmont Jamestown Kettle Pond Ward Erie Boulder Nederland Louisville

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Subject Parcel

LAKE ELDORA SKI RD

Peterson Lake

Lake Eldora

0 0.085 0.17 Miles

Area of Detail Date: 12/4/2020

Lyons Longmont Jamestown Kettle Pond Ward Erie Boulder Nederland Louisville

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Indian Peaks ECA Subject Parcel Archeologically Sensitive Travel Routes Archeologically Sensitive Travel Routes Critical Wildlife Habitats Environmental Conservation Areas Riparian Areas LAKE ELDORA SKI RD 2.62 Wetlands Peterson Lake ! Significant Natural Communities Lake Eldora

0 0.085 0.17 Miles

Area of Detail Date: 12/4/2020

Lyons Longmont Jamestown Kettle Pond Ward Erie Boulder Nederland Louisville

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Subject Parcel EEP Referral Area EEP Referral Areas 1 EEP Referral Area 1 Active IGA Boundary Active IGA Designation RURAL PRESERVATION LAKE ELDORA SKI RD Peterson Lake RURAL PRESERVATION

Lake Eldora

0 0.085 0.17 Miles

Area of Detail Date: 12/4/2020

Lyons Longmont Jamestown Kettle Pond Ward Erie Boulder Nederland Louisville

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DAVID CARDINAL (HESSIE) Subject Parcel MILLSITE

Boulder County ELDORA Open Space Mi ddle Bo u lder VAHLING County Open Space C EVANS ree County k ELDORA TASADAY-ELDORA LAWLER-TASADAY PROPERTY Conservation LLLP Easement ZAKRISON

Other Open Space DALCO WOLCOTT 1 TILLOTSON BOYLSTON NICHOLS Federal Lands HALLOCK-BROWN RUGG USFS Land BERNART SNYDER TASADAY CARLIN Private MORSE Conservation EBEL Easements Peterson Lake Lake Eldora

KLEMME TOLL

0 0.15 0.3 Kettle Miles Pond

Area of Detail Date: 12/4/2020 Jenny Creek TOLLAND RANCH Lyons Longmont Jamestown Ward Erie Boulder Beaver Creek Nederland Louisville pe Bea Creek Antelo ver Creek The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer wtodacheene A10 Geologic Hazards 2700, 2310 LAKE ELDORA SKI RD

Subject Parcel Debris flow susceptiblity area Rockfall susceptiblity area Landslide high susceptibility area

LAKE ELDORA SKI RD

Peterson Lake

Lake Eldora

0 0.085 0.17 Miles

Area of Detail Date: 12/4/2020

Lyons Longmont Jamestown Kettle Pond Ward Erie Boulder Nederland Louisville

The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer wtodacheene A11 Project Description – Property Line Adjustment

The proposed boundary adjustment reflects that fact that the owners of the 2310 Lake Eldora Ski Road property purchased 0.18 acres of the adjoining property to the east, 2700 Lake Eldora Ski Road which is which is owned by Eldora Property LLC, Energy Resources Technology Land, LLC. Prior to this land purchase, this property was subject to an easement that was granted to the owners of 2310 Lake Eldora Ski Road by the owners of 2700 Lake Eldora Ski Road to provide access to the 2310 property from Lake Eldora Ski Road. What is now the former easement was purchased on 8 July 2020, and is 0.18 acres in size. The reason for the purchase was so the owners of 2310 Lake Eldora Ski Road could drill a well on the 0.18 acres to serve the domestic water needs at the single-family residence being constructed on the 2310 property. Drilling the well on the 0.18 acres will eliminate the need to do a significant cut ,and disturb up to an estimated 1,000 ft2 of native vegetation to install the well at the location shown in the approved site plan and building permit.

As part of this property line adjustment request, we are asking that the rights of way shown on the map of the Petersen Lake Addition that fall within the scope of this request (segments of Fifth Street, Sixth Street and Trout Avenue) be vacated. These rights of way have never been used and could never realistically be constructed as they were drawn in 1898.

How does this project comply with the 9-400 Review Criteria:

1. The project will not result in any additional lots being created. 2. N/A 3. Both properties involved in this property line adjustment, 2310 Lake Eldora Ski Road and 2700 Lake Eldora Ski Road will continue to have legal access. 4. The two properties will continue to have physical access including for emergency purposes, as discussed in the site plan review for the 2310 Lake Eldora Ski Road property. 5. The proposed boundary line adjustment will allow the 2310 Lake Eldora Ski Road property to be served by an adequate water supply and eliminate the need to disturb vegetation on a steep hill in order to install a well. The adjustment will not affect the capability of the 2700 Lake Eldora Ski Road property, which is 153.21 acres in size to be served by an adequate water supply. 6. The property line adjustment will not affect the onsite wastewater treatment permit that was issued by Boulder County for the 2310 Lake Eldora Ski Road property, nor will it affect the capability to conduct onsite waste water treatment on the 2700 Lake Eldora Ski Road property. 7. Both properties will continue to be served by adequate public facilities and services. 8. Neither of the properties lie within the flood plain overlay district. 9. The single-family house that is being constructed on the 2310 Lake Eldora Ski Road property went through the County’s site plan review and building permit process which gave full consideration to the critera of harmony with neighborhood and surrounding area, appropriate landscaping, obtrusiveness of structures and visual blending. Any

A12 future development plans for the 2700 LESR property will have to undergo the same type of review by the county. 10. This boundary line adjustment will not contribute to significant risk from natural hazards. 11. This boundary line adjustment will not result in significant impact on environmental resources. In fact, the rationale purpose of the boundary adjustment is to eliminate the need for significant disturbance of vegetation in order to install a well at the location approved in the Site Plan Review/building permit process. 12. The boundary line adjustment will have no impact on historical, cultural or archaeological resources. 13. The boundary line adjustment will not cause unnecessary or excessive site disturbance. In fact, it will eliminate the need to disturb approximately 1,000 ft2 of steep vegetated hillside. 14. The boundary line adjustment will not affect any potential developments compliance with the comprehensive plan. 15. The proposed boundary line adjustment will not create parcels for community facilities.

A13 A14 Happy Jacks Lode

Peterson Lake

Approximate Area of Boundary Line Adjustment Shown in Yellow. See Detailed Map

A15 A16 A17

January 6, 2021

TO: Jean (Raini) Ott, Planner II; Community Planning & Permitting, Zoning Development Review

FROM: Amelia Willits, Engineering Development Planner II; Community Planning & Permitting, Development Review - Engineering

SUBJECT: Docket # V-20-0007/SE-20-0011: Rehder-Wolf Vacation & Boundary Line Adjustment

2310 & 2700 Lake Eldora Ski Road

The Development Review - Engineering Team has reviewed the above referenced docket and has the following comments:

1. The subject properties are accessed via Lake Eldora Ski Road, a paved Boulder County owned and maintained right-of-way (ROW) with a Functional Classification of Local. Legal access has been demonstrated for 2700 Lake Eldora Ski Road via adjacency to the public ROW. Legal access to 2310 Lake Eldora Ski Road has been demonstrated via an access easement, dated April 12, 2019 (Rec. No. 03706945).

2. The easement exhibit provided with the application materials, includes a portion of the Lake Eldora Ski Road ROW in the proposed new boundary line. The County Engineer does not support a vacation request of the Lake Eldora Ski Road ROW.

3. Prior to recordation of the new deeds, the applicant must submit an updated map which demonstrates the final parcel configuration, clearly delineating the new property boundaries and the remaining surrounding private property and Boulder County ROW. The Lake Eldora Ski Road ROW must be clearly identified on the map (the ROW extends 40 feet from the road centerline). Additionally, the applicant must provide copies of recorded easements where it’s necessary to cross intervening private property to access the property at 2310 Lake Eldora Ski Road.

4. With the required amendments, the County Engineer supports the proposal.

This concludes our comments at this time.

Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner

B1 B2 B3 B4 B5 B6 B7 B8 B9 From: [email protected] To: Ott, Jean (Raini) Subject: V-20-0007 (2700 Eldora Ski Rd) Date: Monday, January 11, 2021 10:38:46 AM Attachments: image001.png

Good morning, The NFPD has no issues with this proposed vacation.

Thank you,

“Rik” C. Henrikson Fire Marshal [email protected]

Nederland Fire Protection District 650 West 4th P.O. Box 155 Nederland, CO 80466 303-258-9161

B10 Parks & Open Space 5201 St. Vrain Road • Longmont, Colorado 80503 303.678.6200 • Fax: 303.678.6177 • www.BoulderCountyOpenSpace.org

TO: Raini Ott, Community Planning & Permitting Department FROM: Ron West, Natural Resource Planner DATE: January 5, 2021 SUBJECT: Docket V-20-0007/SE-20-0011, Rehder-Wolf, 2310 & 2700 Lake Eldora

Staff has reviewed the submitted materials, and has no natural resource concerns with the

proposals.

Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner

B11

Building Safety & Inspection Services Team

M E M O

TO: Jean (Raini) Ott, CFM, AICP, Planner II FROM: Michelle Huebner, Plans Examiner Supervisor DATE: December 9, 2020

RE: Referral Response, Docket V-20-0007/SE-20-0011: Rehder-Wolf Vacation and Boundary Line Adjustment

Request: Request to vacate portions of the Trout Avenue, Sixth Street, and Fifth Street rights-of-way of the Petersen Lake Addition, and Subdivision Exemption request for a boundary line adjustment to add approximately 0.18 acres to an approximately 3.8-acre parcel from an approximately 153.2-acre parcel.

Location: 2310 & 2700 Lake Eldora Ski Road, located on the north side of Lake Eldora Ski Road approximately 2 miles west of its intersection with Eldora Road, in Section 20, Township 1S, Range 73W.

Thank you for the referral. We have no conflicts with the proposal.

If the applicants should have questions or need additional information, we’d be happy to work with them toward solutions that meet minimum building code requirements. We can be reached at 720-564-2640 or via e-mail at [email protected].

Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner

B12

Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3284 [email protected]

January 8, 2021

Boulder County Community Planning and Permitting PO Box 471 Boulder, CO 80306

Attn: Raini Ott

Re: * AMENDED RESPONSE * Rehder-Wolf Vacation and Boundary Line Adjustment Case #s V-20-0007 and SE-20-0011

Public Service Company of Colorado’s Right of Way & Permits Referral Desk has reviewed the documentation for Rehder-Wolf Vacation and Boundary Line Adjustment and has no apparent conflict with the proposed right-of-way vacations.

Tim Rehder (property owner) will continue working with Bob Lerch (Right-of-Way Agent) in order to obtain a separate PSCo easement document with Ertle, Inc., the neighboring property owner. This document must be recorded directly following the right-of-way vacation.

Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 – Email: [email protected]

B13 From: Brent Tregaskis To: #LandUsePlanner Subject: Docket # V-20-0007 and SE-20-0011 Date: Monday, December 28, 2020 9:28:32 AM Attachments: image001.png image002.png EMR lines_12242020123947.pdf

Boulder County Community Planning & Permitting Department:

I am writing this correspondence on behalf of Eldora Mountain Resort (“Eldora”) in connection with Docket #’s V-20-0007 and SE-20-0011 (the “Application”), submitted by Timothy R. Rehder and McKenzie Wolf.

Eldora’s primary concern with the Application is the proximity of the proposed subdivision exemption/vacation property (and the contemplated development on that property) to power and gas lines and related infrastructure that service Eldora (the “Utilities”). The approximate location of the Utilities is depicted on the attached mapping.

Because the Utilities run through, under and/or adjacent to the subdivision exemption/vacation property, Eldora requests that the County require the Applicants to: (i) survey the precise location of the Utilities; (ii) create a surveyed legal description of the Utilities; and (iii) grant an easement to ensure that the Utilities can continue to be accessed, maintained, repaired and replaced and to make clear that the Applicants assume all liability for any damage caused to the Utilities on the subdivision exemption/vacation property.

In addition to the above, Eldora requests the County require that any construction work performed in the vicinity of the Utilities be completed in accordance with applicable law, including without limitation, the “Call Before You Dig” law.

Finally, Eldora requests the County require the Applicants to notify and coordinate with Eldora (contact should be with Paul Fillion 970-331-8260) on any further construction work performed in the vicinity of the Utilities, including any further excavation work, to ensure the Utilities are not damaged or otherwise impacted.

Thank you for considering Eldora’s comments concerning impacts from the Application on utilities serving the resort.

Sincerely,

Brent Tregaskis

B14 President & General Manager [email protected]

B15 B16 B17 Legal Description Map

Rec 03706945

LAKE ELDORA SKI RD

0 0.0085 0.017 Miles

Area of Detail Date: 12/30/2020

Lyons Peterson Lake Longmont Jamestown Ward Erie Boulder Nederland Louisville

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