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HomeMy WebLinkAboutMinutes 07/27/93 RECORD OF PROCEEDINGS 100 Leaves FORM SG C. F. HOECKEL B. B. 8: L. CO. PUBLIC HEARING JULY 27, 1993 Present: Johnnette Phillips James Johnson, Jr. Mary Jo Berenato Sara J. Fisher Absent: George "Bud" Gates Chairman Pro-tern Conmissioner Deputy County Attorney Clerk to the Board Chairman This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: G-73-93, upper Cattle Creek, Vacation of right-of-Way. Paul Clarkson, PI arme r , infonned the Board this matter was tabled from May 25, 1993. He stated the concern was the vacation of the right-of-way leaving less right-of-way than the public would need for a short period of time. He stated the County Engineering Department has related the improvements are in place. Mr. Clarkson stated the County is vacating small areas of ground in order to straighten Upper Cattle Creek Road. He read Staff findinss for the Board. Staff recommended approval of the vacation. Conmissloner Johnson moved the Board of County Commissioners approve file number G-73-93, vacation of right-of-way for Upper Cattle Creek. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Gates was not present as he was in Seattle lobbying for funds for the Eagle County Airport. PD-207-93-Al, Blue Lake POD, Filing 3, Carmunity Center. Sid Fox, PI arming Manager, stated this application for an amendment to the Planned Unit Development Guide for Blue Lake. He stated the PUD Guide provides for the zoning of this development. He stated the purpose of the amendment is to increase the allowable coverage of pervious materials from the existing zoning limitation of 40%' to 50%'. Mr. Fox stated the pervious materials being referred to are pavement and roof tops. He pointed out on a plat the location of the property. He stated Staff discovered the applicant was in violation of the current pervious materials restriction, therefore a PUD Amendment was filed. He stated five trees have not been planted. The PI arming Commission recommended approval with the following conditions: 01) Reduce the site coverage maximum to 50%' and require the installation of five additional trees similar to the existing species in a location where the parking lot comes closest to the property line. 02) No structures shall be located on lot 2. Staff reconmended approval based on the Community Center Site Plan, . dated July 20, 1993. This approval assumes implementation of the landscape improvements as illustrated on the Community Center Site Plan. Robert Clark, area resident, stated there are actually seventeen trees which have not been planted. Paula Scholl, area resident, stated she was to have eisht trees behind her house and she only has three and those are currently dYlng. Discussion followed on the number of trees remainins to be planted. Judy Knight, Ass't. County Attorney, asked Mr. Fox lf the applicant was infonned of this hearing. Mr. Fox stated the applicant was infonned but did not attend the hearing. Ms. Knight stated as the applicant did not attend the hearing he waives his right to counter the arguments. Commissioner Johnson moved the Board approve file number PD-207-93-Al, incorporating Staff findings with the following conditions: 01) No structures shall be located on Lot 2. 02) Reduce the site coverage maximum to 50% and require the installation of all trees as shown on the Blue Lake Site Plan, similar to the existing species on the location. Chairman Pro-tern Phillips seconded the motion. Of the two voting corrmissioners the vote was declared unanimous. SU-10S-93-Fl, Highland Woods at Highland Meadows. Sid Fox stated this was an aI;>plication for final plat approval. He stated this property was platted 1n 1978 as Hi;~hland Meadows. Mr. Fox st;:ated the zoning is Residential Suburban Medium Dens1ty that would allow for slngle family or duplex development. He infonned the Board the proposal would replat three duplex lots into five sin5;Jle family lots and reduce the potential density from six dwelling un1tS to five dwelling units. He stated water and sewer will be provided by the special districts in the upper valley. The area has been identif1ed as a geological sensitive area and the geologic concern is the ground is wet as there are surface sI;>rings and sub- surface water which may be controlled in order to keep the slte stable. He presented photographs of the site, showing an open meadow, aspen groves, a stand of evergreen and the national forest. Staff recommended tabling this matter but would like to see a full presentation. He stated the reason for the tabling is the final plat is still being reviewed. . corrmissioner Johnson asked if Staff was recommending the Board close public comment. He stated with Chairman Gates being absent at today's hearing the Board would be rehearing infonnation at the next hearing date. Mr. Fox sU5;Jgested the Board not close public hearing. Terrill Kn1ght, reI;>resenting the applicant, stated the applicant does have public input in wr1ting and objected to not hearing the application today. The Board concurred to hear the application today. Jack Beals, area resident, stated when this site was first under contract the proposal was for three duplex units on three separate lots. After analysis and geology review it would be best to build sin5;Jle family homes. He suggested a cluster design which will yield 25 site 1ITII?act as opposed to the 45% irrpact of a non-cluster design. He stated he 1S also creating quite a bit of open space and has integrated all adjacent property owners comments or concerns. Mr. Beals stated there is unan1moUS approval of the single family concept with concerns of the 5;Jeology. Terrill Knight stated the roads and utilit1es are in place within the subdivision. He explained the I;>roposal to the Board. Corrmissioner Johnson questloned the possibility of wild fires. He stated he believes these homes would be in a great deal of danger in the event of a forest fire as there is not an adequate fire break. Mr. Knight stated the applicants goal is to preserve as much of the vegetation as possible. He stated there will be a road in the middle of the lodgepole pines, which would be a fire break. Mr. Fox stated there is a network of roads in the subdivision which serve,as fire breaks and there are also fire hydrants. He spoke to referral agenc1es comments. He advised the Board Jeff Hymes, Senior Engineering with t;:he,Col?rado Geolog~c,su~ey acknowledging his review of the application and 1nd1cat1ng proI;>er rmt1gat1on has been perfonned, however the Staff would like to add two add1tion mitigation conditions as follows: 01) All excavation, drain installation, grading and landscaping shall take place with one construction season for each building site. No open and unreinforced cuts or fills shall be allowed to winter over. , 02) The upslope intercepter trenches in foundation perimeter dra1nages should be frost protected where they daylight downslope to preclude ice blockage during the winter months. Mr. Fox stated the Plarming Corrmission recommended approval with the following conditions: , 01) Approval by the County Engineer of a detailed grading and dra1nage plan. 02) Creation of a Homeowners Association to manage the open space and enforce draina5;Je and landscaping 5;JUidelines. 03) Submittal of a landscap1ng plan for the entire site with the first building permit application. 04) The final plat shall include associated public irrprovement RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F. HOECKEL B. B. & L. CO. drawings which shall be collateralized and include, but not necessarily be limited to the following: a) driveway and associated boulder retaining walls b) grading and drainage improvements c) utility extensions d) landscaping plan 05) The applicant shall provide additional engineering documentation concerning the off-site/down slope drainage impacts caused by this development. It may be necessary to const:ruct downstream drainage improvements. Mr. Fox continued reviewing corrments from area property owners. Chairman Pro-tern Phillips stated for the record there were no adjacent property owners present at this hearing. Corrmissioner Johnson moved to table file number SU-105-93-AF1, Highland Woods at Highland Meadows, to August 3, 1993. Chairman Pro-tern Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. ZS-322-92, Eagle River MObile Home Park, Step II. Sid Fox stated this was an application to expand the mobile home park. He stated the Eagle County Land Use Regulations require a two step process. He stated step one was approved by the Board in 1992. In March of 1993 the applicant was unable to provide proof of a legal water supply for the expanded mobile home park, therefore the matter was tabled. The Planning Corrmissioner heard this matter on July 21, 1993 and unanimously recorrmended denial as they were unable to table this matter to a future date and the applicant still could not provide proof of an adequate water supply. Staff recorrmended the Board table this matter to August 24, 1993 to allow the owner time to appear at a hearing. Commissioner Johnson moved to table ZS-322-92, Eagle River Mobile Home Park, Step II to August 24, 1993. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. SE-295-93, New Exemption sid Fox stated this was an application for final plat approval under the Subdivision Exemption Provisions of the Eagle County Land Use Code. Staff recorrmended this matter be tabled to Aug 10, 1993 to allow time for County Attorney and County Engineer to corrment on the application. commissioner Johnson moved to table SE-295-93, New Exemption to August 10, 1993. Chairman Pro-tern Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Plat & Resolution Signing. Jim Fay, Planner, presented final plat Lot 35, Block 2, Tract J, Filing #4, Beaver Creek. Corrmissioner Johnson moved to approve final plat for BE-53-93. Chairman Pro-tern Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Board of Equalization. commissioner Johnson moved to adjourn as the Board of County commissioners and reconvene as the Board of Equalization. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared nnanimous. Mary Jo Berenato, Deputy County Attorney, presented Resolution E-93-02, listing all schedule numbers approved by Ed Smalley, Board of Equalization Hearing Officer. commissioner Johnson moved to approve Resolution E-93-02, schedule numbers 19722, 10606, 13375, 209633, 9909, 8156, 3965, 10366, 7788, 6267, 9314, 21316, 8105, 31271, 7500, 12709, 8235, 7476, 1200, 1210, 31453, 31490, 10527, 15905, 19960, 17130, P21987, 1180, 19608, 30439, 28416, 25022, 22695, 11579, 13037, 1630, 31506, 6865, 16255. Chairman Pro-tern Phillips seconded the motion. Of the two voting Corrrnissioners the vote was declared unanimous. Eagle Valley Chamber of Ccmnerce. corrrnissioner Johnson moved to adjourn as the Board of Equalization and reconvene as the Local Liquor Licensing Authority. Chairman Pro-tern Phillips seconded the motion. Of the two voting Corrrnissioners the vote was declared unanimous. Mary Jo Berenato stated the Eagle Valley Chamber of Corrmerce applied for a Special Events Permit which was approved by the Board last week. She stated after further discussion, the Chamber of Corrmerce would like to amend the premises map to include the area North of the Exhibit Hall to include the dance area. Ed Crilly, representing the Chamber of Corrmerce, explained why the amendment is being requested. Ms. Berenato informed the Board the licensed premises will include the entire area but the Chamber of Corrmerce has agreed to only use the additional area North of the Exhibit Hall from 10:00 p.m. to 12:00 a.m. on Saturday, August 7, 1993. She stated the Chamber of Corrmerce has also agreed to hire a Deputy Sheriff to stand at the entrance gate on August 7, 1993 to assure no one brings alcohol onto the premises nor that no individual leaves the premises with alcohol. The Board concurred to allow the amendment to the I?remises map and both Corrrnissioner Johnson and Chairman Pro-tern Phillips initlaled the map. There being no further business to be brought before the Board the meeting was adjourned until August 2, 1993. Attest: fl" 1 fry ~?-... ", ,{' ..... ;.'" ~},.'<l :':P -~ .- " v' r...,'/~,,$;i'" Chan:man