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HomeMy WebLinkAboutMinutes 08/24/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING AUGUST 24, 1993 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Mary Jo Berenato Sara J. Fisher Chairman commissioner Commissioner Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented t the Board of County Commissioners for their consideration: Holy Cross Electric Association, Right-of-way Chairman Gates stated the first item on the agenda was a right-of-way easement for Holy Cross Electric Association, Inc. Mike Bradley, Buildings and Grounds Supervisor, stated the right-of-way is for a powerline which will not be going over the playground area as first thought. He stated the power line does not seem to be in any conflict with the fairgrounds area as is being currently discussed. Mr. Bradley pointed out on a map the location of the power line. Comrrdssioner Johnson stated the Recreation District has related at some time in the future the powerlines would be buried. He stated the District also suggested an amendment be placed in the agreement between the District and Eagl County stating the powerlines would be buried. Mary Jo Berenato, Deputy County Attorney, stated she believes if the Count comes to an agreement with the District the current agreement could be amended. Commissioner Phillips stated she did not believe the powerlines would ever be buried. Commissioner Phillips moved to approve the right-of-way easement for Holy Cross Electric Association, Inc. Comrrdssioner Johnson seconded the motion. The vote was declared unanimous 80-003-93, Edwards Metropolitan District/Lake Creek Meadow Water District Keith Montag, Director Community Development, presented file numberSM-003 93, Edwards Metropolitan District and Lake Creek Water District Consolidation. He stated the purpose of this application is to promote efficiency through the consolidation of the operation and potentially reducing future costs. He state one of the primary functions of this proposal is a better quality of water in the Lake Creek Meadows area. Mr. Montag stated the mill levy is proposed at 1. mills for fire protection and between 7 and 13 mills for the actual water district irrprovements. He stated the estimated capital costs of the irrprovements is approximately $500,000.00. He related the assessed valuation i $19,000,000.00. The proposed services within the consolidated district will be water, streets, storm drainage, traffic, transportation, fire ~rotection, mosquito control and the ap~licant would like to reserve the rlght to provide park and recreation facili tles . Mr. Montag stated waste water treatment is not a part of this proposal as it is currently being provided by the upper Eagle Valley Consolidated Sanitation District in the Edwards area and the Lake Creek area will continue to use septic systems. Mary Jo Berenato, De~uty County Attorney, read from State Statute, section 32-1-204, relating to notlfication of hearing for a special district. Warren Garvey, applicant, gave background information on the proposed consolidation. He stated there was no maximum mill levy set as there is a current mill levy for the Edwards District and will be with the Lake Creek District. Mr. Garvey stated the real purpose and the irrpact on the current constitutants of the Edwards District will remain the same. There will be no irrpact on the overall assessment. He stated since July of 1991 there has been standing boil order for the Lake Creek area. The water in that area has been 1 undrinkable for several years. Mr. Garvey stated the current price for construction of a twelve inch main was $495,000.00. He continued with his presentation concerning the mill levy, construction costs and improvements. He stated there is a current mill le"':Y of 7.713, which covers the administration of the district, mosquito control, flre protection and other services as exercised currently by the district. Comrrdssioner Johnson asked when the next distrlct elections were to be held. Mr. Garvey stated the next elections would be held in May 1994. He read letters of indlviduals not wishing to be included in the new pro~sed district. Discussion continued on the proposed consolidation of the dlstricts. Paul Smith, area property owner, stated he is in dispute over his property upon which is an aU;JIDentation pond is located. He stated he does not believe the boundaries of hlS property are within the district boundary lines. He gave background infonnation on the construction of the augmentation ~nd. He stated he has not seen any type of service plans for the 1990's for malntenance of the plan. He questioned the Board on why a review plan has not been established. Chairman Gates stated the Board of County Comrrdssioners have visited the site. Mary Jo Berenato stated the Board was hoping the District and Mr. Smith would come to some sort of resolution. She stated she has arranged a work session with the Board and Mr. Smith next week. Bob Warner, Chairman of the Board, stated the District has tried to resolv the conflict with Mr. Smith. He assured the Board the District will, in the near future, have resolved the problem with the pond. Comrrdssioner Phillips asked if Mr. Smith's property and Mr. Eaton's property were located within the District boundaries. Mr. Warner stated the District intended to include those properties within the District boundaries. He stated the District believes if the properties are currently located within the District, it would be beneficial for them to remai in the Dlstrict. Comrrdssioner Johnson asked Mr. Smith which of the proposed services he did not want. Mr. Smith stated he objected to the water service because he currently has a well. Keith Montag read Staff findings for the Board. Staff recorrmended approva of the proposed consolidation. Comrrdssioner Phillips questioned the Eaton exclusion. Mary Jo Berenato stated in an exclusion the petitioner has the burden of proving the exclusion of such property is not in the best interest of the proposed special district. Comrrdssioner Phillips moved, file number SD003-93, Edwards Metropolitan District/Lake Creek Water District Consolidation, be a~proved, leaving those currently in the district to remain in the district, wlth the condition the district verify to the Board within 48 hours those properties currently inside the district boundaries. Staff findings shall be included in the motion. Comrrdssioner Johnson seconded the motion. The vote was declared unanimous BE- 52 - 93, Beaver Creek, Lot 11, Block 2, Tract H, Filing 5 Keith Montag presented file number Be-52-93, Lot 11, Block 2, Tract H, Filing 5, Beaver Creek. He stated the applicant is requesting this matter be tabled to Se~tember 28, 1993 as they are still trying to tie down the location of the buildlng envelope being modified. comrrdssioner Phillips moved to table file number BE-52-93, Beaver Creek, Lot 11, Block 2, Tract H, Filing 5, be tabled to September 28, 1993 at 9:30 a.m., at the applicants request, to allow time to locate the building envelope being modified. Chairman Gates seconded the motion. Of the two voting Comrrdssioners the vote was declared unanimous. corrmissioner Johnson had left the meeting. ZC-257-93, Gerard Zone Change Keith Montag presented file number ZC-257-93, Gerard Zone Change. He stated this project is located approximately 2 1/2 miles South of Gypsum onnDagget Lane. Mr. Montag stated the ap~licant is requesting a zone change from Resource to Agricultural Residentlal on ten and a half acres. He stated 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 the change would allow a residential family dwelling as well as associated a$ricultural uses. Water will be provided by the Town of Gypsum and sewer wlll be provided through a septic/leach field. He related the surrounding zoning in all directions is resource with agricultural type land use. Roger Meyer, Johnson & Kunkel Surveying, stated the motivation is to assure Mr. Gerard's son has a ten acre parcel. Chairman Gates asked if the site had sub-water on it. Mr. Meyer answered no, there is no sub-water. Keith Montag stated the only concern of Staff deals with open space and development pattern. He stated this property is located near small acre developments. Mr. Montag read Staff findings to the Board of County Conmissioners. He stated Staff reconmended approval. The PI arming Conmission unanimously recorrrnended approval. comrrdssioner Phillips moved to a~prove file number ZC-257-93, Gerard Zone change, incorporating Staff findlngs, a zone change from Resource to Agricultural Residential. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. ZS-336-93, Holy Cross Electric Microwave Tower Sid Fox, PI arming Manager, presented file number ZS-336-93, Holy Cross Electric Microwave Tower. He stated this is a Special Use Permit for a corrrnunications tower on Beaver Creek Mountain. Jim Fay, Plarmer, stated the applicant will be removing an 80 foot tower and installing it on the ridge. Jim Fritze, County Attorney, stated there is a problem with the tower the Bureau of Reclamatlon installed on Castle Peak, because they did not proceed through the proper charmels. Jim Fay stated the applicant proposes to operate a multi-user microwave radio telecommunication facility at the top of Beaver Creek ski mountain. The facility would include a ninety foot tower, four 6 foot satellite dishes and a 420 square foot building to house the radio and power equipment. He stated the purpose of this equipment is to irrprove the radio and data transmission ability of the Holy Cross Conmunication system. Mr. Fay continued to discuss the proposal with the Board. Bob Balinger, Holy Cross Electric Association, informed the Board this project is to give the applicant control of the new transmission line. CUrrently, if something happens to the electric line someone physically has to go to the location and perform the switching. If this new microwave tower is approved that task can be performed without visiting the site. Jim Fay read Staff findings to the Board. Staff reconmended approval with the following conditions: 01) Corrpliance with all of the U.S.F.S. reconmendations in regards to visual irrpacts and revegetation and other terms and conditions as stated in the U.S.F.S. Special Use Permit. 02) A permanent limitation of the tower height to 90 feet. 03) Satellite dishes attached to the tower shall be limited to 6 feet in diameter. 04) Towers at this site shall be limited to this one, unless otherwise approved by the Forest Service and in all cases shall be limited to a 90 foot maximum helght. 05) Acquisition of the appropriate permits from Eagle County. Jim Fritze stated the tower is permitted which is all the County requires for a non-federal use. He stated additional non-federal uses can be installed. He stated the Forest Service will need an additional permit to add the Sheriff's Office if they are to be able to use the tower. Conmissioner Phillips moved to approve file number ZS-336-93, Holy Cross Electric Microwave Tower Facility, with the following conditions: 01) Corrpliance with all of the U.S.F.S. reconmendations in regards to visual irrpacts and revegetation and other Term and Conditions as stated in the U.S.F.S. Special Use Permit. 02) A permanent limitation of the tower height to 90 feet. 3 03) Satellite dishes attached to the tower shall be limited to 6 feet in diameter. 04) Towers at this site shall be limited to this one, unless otherwise approved by the Forest SeIVice and in all cases shall be limited to a 90 foot maximum helght. 05) Acquisition of the appropriate permits from Eagle County. Staff findings shall be incorporated in the motion. Chairman Gates 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 presented file number ZS-322-92, Eagle River Mobile Home Park. He stated this is an application for expansion of the mobile home park for an additional eight spaces, including a provision which would allow for eight carrper sites. He reminded the Board this matter was tabled July 27, 1993. He pointed out the location of the permanent spaces and proposed carrper spaces. He stated this application has been on-going since early 1993 to allow the applicant time to submit proof of an adequate water supply. Mr. Fox stated Staff received a letter from the Colorado Department of Health re$arding inadequate drinking water. He stated he has no information the drlnking water problem has been addressed. Staff recommended denial as they have not received any feedback or direction from the al?plicant. Mr. Fox stated notice of the hearing was provided to the appllcants representative and to the owner of the mobile home park by certified mail. He stated in addition, the applicant has not provided evidence of a legal water supply for the proposed expansion. corrmissioner Phillips moved to table file number ZS-322-93, Eagle River Mobile Home Park, Step II to September 14, 1993. Chairman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. PD-293-93-AF, Cordillera II, Lot 7, Filing 6 Jim Fay presented file number PD-293-93-AF, Cordillera II, Lot 7, Filing 6 . He stated the purpose of the application is to amend the building envelope on lot 7. He stated approval has been granted by the Cordillera Design Review Board and all adjacent property owners have been notified. Mr. Fay stated no objections have been received. He reviewed Staff findings for the Board. Staff recommended approval. Corrmissioner Phillips moved to approve file number PD-293-93-AF, Cordillera II, Lot 7, Filing 6. Staff findings shall be included in the motion. The Chairman shall be authorized to sign the plat. Chairman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Plat & Resolution Signing \ Jim Fay presented file number SM-870-93, Eagle-Vail PUD. He stated this is a type "B" Minor Subdivision. He stated this is a duplex split. Staff recommended approval. Corrmissioner Phillips moved to approve file number SM-870-93, Eagle-Vail PUD, a duplex split for Lot 35, Block 3, Filing 2. The plat does carry the duplex split caveat, stating only one two family residence can be built on the lot. Staff findings shall be incorporated ln the motion. Chairman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Resolution 93-100 Jim Fay presented Resolution 93-100, approval of Kodiak Park, file number PD-312-93-S. He stated the sketch plan was approved by the Board on August 5, 1993. corrmissioner Phillips moved to approve Resolution 93-100, approval of Kodiak Park, file number PD-312-93-S. Chairman Gates seconded the motion. Of the two voting corrmissioners the vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Resolution 93-101 Jim Fritze presented Resolution 93-101, approval of the Wolcott Golf Club, file number ZS-329-92. He stated this matter was previously approved by the Board. Commissioner Philli~s moved to approve Resolution 93-101, approval of the Wolcott Golf Club, flle number ZS-329-92. Chai:rman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Reclamation Agreement, Wolcott Golf Club Jim Fritze presented a reclamation agreement for the Wolcott Golf Club, pursuant to Resolution 93-101. He stated the agreement provides, if the golf course would be abandoned the use of the property will be restored to its original use. He stated the applicant has submitted a letter of credit in the amount of $298,506.00. c<:,rrmissioner Phillips moved to approve the reclamation a$"re~ment regardlng the Wolcott Golf Club and accept the letter of credlt In the amount of $298,506.00. Chai:rman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Blue Lake PUD Guide Sid Fox presented the PUD Guide for Blue Lake PUD. He stated the Board approved a PUD Amendment approximately one month ago, increasing the irrpervious materials around the corrrnunity center. Staff recorrmended approval. Corrmissioner Phillips moved to approve the PUD Guide for Blue Lake PUD, increasing the irrpervious material around the corrrnunity center. Chai:rman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. PD-293-93-A, Cordillera PUD Amendment Sid Fox presented file number PD-293-93-A, Cordillera PUD Amendment. He stated this was an application to amend the PUD to remove the Preliminary Plan condition which required some public play on the golf course. In addition there was a proposal to reduce the density by over 100 units. He informed the Board he received a letter from Mr. Engle requesting the application be withdrawn. Corrmissioner Phillips moved to withdraw file number PD-293-93-A, Cordillera PUD Amendment, at the applicants request. Chai:rman Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Pinewoods Jim Fritze stated this matter was scheduled for a hearing on ap~eal on a decision from the Corrrnunity Development Department. He stated this lS a dispute between the pinewoods and the neighboring project which is the Woods. He stated he has been informed the two ~arties have orally come to an agreement, which will remove the necesslty of the Corrmissloners hearing the appeal. The applicant requested this matter be tabled for thirty days to corrplete the oral agreement into a written agreement. commissioner Phillips moved to table the pinewoods discussion until September 28, 1993 for purposes of rescheduling or withdrawing the application. Chai:rman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. 5 There being no further business to be brought before the Board the meeting was adjourned until August 3D, 1993. ~ ' :.0;"; HllaIl p-r~ - ~e~ 6