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HomeMy WebLinkAboutMinutes 10/12/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387889 PUBLIC HEARING OCTOBER 12, 1993 Present: George "Bud" Gates James Johnson, Jr Johnnette Phillips Jim Fritze Sara J. Fisher Chairman Commissioner commissioner County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: BE-52-93, Beaver Creek Keith Montag, Community Development Director, presented file number BE- 52-93, Lot 11, Beaver Creek. He stated this is a amended final plat to modify a building envelope in Beaver Creek. Mr. Montag related the applicant is Wilhelm and is entitled The Wilhelm Amended Final Plat. He stated the purpose of the application is to amend the building envelope on Lot 11 to allow better sight design for the proposed residents. He stated the building envelope is being shifted approximately 34 feet. He pointed out on a plat the location of the old building site and the proposed location of the new building envelope. Staff recommended approval with the following findings: 01) The amendment does not substantially impact in an adverse manner the view corridor of any property owner to whom notice has been sent. 02) No geologic or other hazardous considerations are evident. 03) The proposed amendment does not adversely effect adjacent property owners. 04) The proposed amendment is not inconsistent with the intent of the Final Plat. 05) The proposed amendment conforms to the Final Plat requirements. 06) Improvements agreement is not applicable. 07) The proposed amendment is not an alteration of a restrictive plat note. Commissioner Phillips moved the Board of County commissioners approve file BE-52-93, Lot 11 Block 2 track H filing 5 of Beaver Creek. conmissioner Johnson seconded the motion. The vote was declared lffianimous . SU-105-93-AF Paul Clarkson, Planner, presented file number SU-I05-93-AF Highland Meadows. He stated the applicant is requesting an amendment to the building envelope to allow a choice as to where a structure can be placed. Staff finds the ~roposed amendment does not affect adjoining property owners and is not incons1stent with the intent of the final plat and the proposed amendment does conform with final plat requirements. Mr. Clarkson added the road improvements and subdivision improvements agreements are not applicable and the amendment does not alter a restrictive plat note. conmissioner Johnson moved the Board of County commissioners a~prove file SU-105-93-AF, Highland Meadows Lot 20 filing 2 amending the bU1lding envelope and incorporating the findings of staff. Commissioner Phillips seconded the motion. The vote was declared unanimous. PD-207-93-P BLUE LAKE POD FILING 5 PD-207-93-A2 BLUE LAKE POD FILING 5 Paul Clarkson, Planner, presented file number PD-207-93-P and PD-207-93- 1 A2 Blue Lake POD Filing 5. He stated the applicant is requesting an amendment to the Blue Lake POD boundaries and the Blue Lake POD guide. Discussion followed on renewal of the gravel pit permit. Chairman Gates asked about the square footage being dropped and the number of units being less than previously approved. . Mr. Clarkson informed the Board Blue Lake POD consists of three separate zone districts, all single family in nature. He stated the size of the lots set these districts apart. Commissioner Johnson asked how many units were previously approved. Mr. Clarkson stated 490 units were approved in 1983 and the current total buildout will be 350 units. Commissioner Phillips asked about the Special Use Permit. Mr. Clarkson stated the applicant is operatin~ without a special use permit at this time. He explained these type spec1al use permits are only valid for a ten year period. Jim Fritze, County Attorney, stated while there is no land use issue there is definitely a le~al issue with allowing operation of a special use ~ermit after the expirat10n date, without a request for extension. He stated 1t is a violation of the law to allow the operation to continue past the expiration date, enforceable not only by the Board but also by the District Attorney. Commissioner Johnson suggested an application be filed for extension. Jim Fritze questioned if the original permit contemplated reclamation be completed while the special use permit was active or did it contemplate reclamation would occur after the expiration. Mr. Clarkson stated a Mining Special Use Permit does not address reclamation inside the time frame of the Special Use Permit. He stated reclamation can go on for an unspecified amount of time. He informed the Board if there is an MLRB permit there is also some form of collateralization and the county is prevented from additionally requiring a reclamation bond. Commissioner Phillips asked about the t1me frame for an application to extend a gravel lease? Mr. Clarkson answered there was a 30 day waiting period for advertising. Ron Liston, Land Design Partnership, representing the applicant, stated the operational stage of the Mind Land Permit expires at the end of this year. He stated the issue of reclamation will be discussed with legal council. Mr. Liston informed the Board the gravel o~erator is currently crushing for the operation of the Blue Lake POD, fil1ng 5 and not for resale purposes. Jerry Berdaman, Blue Lake Development informed Mr. Liston the pu.rrps for the lake will be shut off November 1, 1993. Mr. Liston stated the applicant was unaware the permit had expired until two weeks ago. They were under the impression the permits coincided with the Mined Land Reclamat10n Board. Commissioner Johnson stated for the record, he felt the County was not condonin~ the activity but believed filing for an extension was not feasible. ChalI:man Gates expressed concern of double standards of not doing the same for everyone. It would not be copasetic. Mr. Clarkson responded this particular special use permit is also being considered as part of a preliminary plan. Mr. Clarkson read staff findings as follows: 1. Black Bear Trail streets that loop back upon themselves present addressing and locational difficulties. 2. Street Stub-Outs, Section 2.23.02 of the Eagle County Land Use Regulation requires, "Proposed streets shall be extended to the boundary lines of the land to be subdivided unless prevented by topography or other physical conditions, or unless, in the judgment of the Board of County Commissioners, such extension is not necessary for connection of the subdivision with the existing layout or the probable future layout of adjacent tracts." Enough open space to accommodate a ~otential future westerly right-of-way, (50') should be left in the vic1nity of lots 8 & 24, block 13. This will also leave open the possibility of a recreational path. 3. Cerise and Arnold Irrigation Ditch; the owners of the Cerise and Arnold ditch should be aware if maintenance or repair is needed, they will be responsible for replacing the road or easement back into it's previous condition. Indication of this awareness shall be part of the Final Plat file. 4. Total Acreage Discrepancy; The original approval for Blue Lake included 276.93 acres. The existing total of all five filings is 282.54 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387889 acres. The two exception parcels total 7.217 acres which brings the five filings total to 275.323 acres. The +5.6 or -1.6 acre discrepancy should be investigated prior to Final Plat. 5. section 404; an Anny Corps of Engineers 404 Permit to realign Blue Creek must be in place prior to the approval of Filing V Final Plat. 6. Ground Water Table; Filing IV has been experiencing wet crawl spaces and basements. 7. Open Spaces; the platted open space and improvements shall have a maintenance plan submitted at Final Plat. 8. Engineering Issues; shall be addressed at final plat. 9. It has been determined, Blue Lake Phase III lies in the inundation zone of the Spring Creek Reservoir, as mapped by the Dam Safety Section of the Colorado Division of Water Resources. The previous Filing IV Final Plat contained such information and mapping and staff recommends the same for Filing V. 10. Sinkholes; the Colorado Geological Survey has expressed a concern for potential sinkhole development on the Phase III site. It was suggested Final Plat approval not be granted until the land is properly evaluated in the field. The Final Plat submission shall include a site specific study addressing the potential concern for sinkhole development and give recommendations regarding the need for site or lot specific foundation design. 11. POD Guide; An updated and final POD Guide shall be submitted at Final Plat. Staff recommended approval with the following conditions: 1. Subdivision Improvement Agreement shall be required at Final Plat, collateralizing all public improvements. 2. Black Bear Trail shall be broken into two different streets and have different street names to improved locational concerns. 3. There shall be enough open space to accommodate emergency right of way with a width suitable to engineering in the vicinity of lots 8 & 24. 4. Indication that all ditch owners are aware of and agreeable to the conditions of the approval of the final plat. The developer shall be responsible for the repair of the road or easement should the ditch owners need to make repair to the ditch for a period of five (5) years. The County shall assume responsibility of the road thereafter. 5. The total acreage discrepancies shall be investigated and resolved prior to Final Plat. 6. An Army Corps of Engineers Section 404 Permit to realign Blue Creek shall be in place prior to the approval of Filing V Final Plat. 7. The high ground water table shall be investigated and resolved prior to Final Plat. 8. The platted open space and improvements shall have a maintenance plan submitted at Final Plat. 9. The following Engineering issues shall be resolved at Final Plat: a) Street signs and stop signs at all intersections b) Speed limit sign on Buckskin Drive off J.W. Drive c) Keep water line in street section d) Details for water line and sewer line crossing of Blue Creek. Arc weights. If encasement callout on P & P e) Lift station -Tract E- callout as a utility easement f) Intersection, sheet 13, force high points on curb returns to keep flows heading south and not west on Black Bear Trail ~) Callout Station and elevation of curb opening on P & P. Also callout r1prap behind curb openings h) Show 100 year floodplain on plat and grading and drainage plans returns. i) Show spot elevation and flow arrows on cross pane and curb Mid block cross pans are flat j) Tie access road for park to J.W. Drive k) Callout curb return radius 1) sheet 19, need vertical curve m) Sheet 19, show 50' transition to proposed cross pan along center line n) sheet 20, cover over 18" CN.lP, less than one foot 0) Sheet 21, detail of flowline aronnd kneecap elevations 3 p) Sheet 22, existing culvert under J.W. Drive for ditch q) Sheet 22, swale section in area of riprap r) Sheet 22, handrail or barricade between bike path and irrigation ditch. s) Sheet 22, tie bike path to street t) Handcap ramp detail for curb returns u) CUrb open, 6" inch concrete v) Statement on what is happening with ditch flowing into ditch, letter from all ditch companies agreeing to changes and willingness to maintain new features w) Letter from Water and sanitation District stating approval of plans x) Extend drawing to show basis A will flow to proposed swale along wet property line. Also need an easement if swale on lots 7, 8 24" 25 of block 13 y) 8" drain line from siphon to drain to existing ditch or lake. 10. A plat note and mapping of the inundation zone identical to that which was included on the previous Filing IV Final Plat shall be included on the Filing V Plat, or alternative language suitable to staff. 11. The Final Plat submission shall include a site specific study addressing the potential concern for sinkhole development and give recommendations regarding the need for site or lot specific foundation design. 12. The Final POD Guide shall address signage, fencing, lighting, parking, storage/trash, mechanical equipment, temporary uses, building and lot standards, architectural treatments, open space, landscaping and pollution controls. Jim Fritze suggested, recommendation number four, the wording be changed to state "a copy of a written and recorded agreement, indicating all ditch owners are aware of the changes." Mr. Liston agreed to the change. He commented on several items as follows: 7) the high ground water issue is currently being rectified with the homeowners. 8) the homeowners association plan on maintaining and holding the open space as private use. 10) the mapping and plat note is vague and not valid to be using and is costing each lot owner extra money on their mortgages. 11) a study on engineering and soils has been submitted. 12) the POD Guide will be re-written. Commissioner Phillips moved to approve PD-207-93-A2, Blue Lake POD Amendment, pursuant to section 2.06.13, (11) (b) of the Eagle County Land Use Regulations. Staff findings shall be included in the motion as follows: 1) The proposed amendment is consistent with the efficient development and preservation of the entire POD. 2) The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the POD or the public interest. 3) The proposed amendment is not granted solely to confer a special benefit on any person. commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve file number PD-207-93-P, Blue Lake POD, Preliminary Plan, Filing IV. Staff findings and conditions shall be included in the motion, with exceptions as follows: 3) the end shall read "shall be submitted at final plat." 4) shall have the language indicated by County Attorney. Commissioner Phillips seconded the motion. The vote was declared unanimous. Paul Clarkson presented file number T-018-93, Mottillo Residence. He stated the applicant is requesting a temporary housing ~ermit to comply with Eagle County Land Use Regulations. He stated this perffilt will replace an expired temporary permit issued in 1989. Mr. Clarkson stated the applicant is attempting to build a new house and convert the old house into a storage unit. He read staff findings for the Board as follows: a) The applicant has submitted two copies of the application and all related information to the Community Development Department. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387889 b) The applicant has submitted a list of adjacent property owners, (who have been notified) and there are no covenants which would prevent such a use. c) The conditions on the site indicate the health, safety and welfare of the public will be unaffected. Staff recommended approval with the following condition: 1) The applicant shall comply with all of Section 2.07.09 (1) of the Eagle County Land Use Regulations, which addresses Special Permits for temporary housing on single lot construction sites. Commissioner Phillips moved to approve file number T-018-93, Mottillo Residence, including 2-07-09 (1) and 2.07.09 (3) of the Eagle County Land Use Regulations. conmissioner Johnson seconded the motion. The vote was declared unanimous. Sid Fox, Planning Manager, stated the next item on the agenda was plat and Resolution signing as follows: 1)SM-874-93, wildflower East, Lot 11, Arrowhead at Vail. Staff recommended approval. Commissioner Johnson moved to approve file number SM-874-93, wildflower East, Lot 11 Arrowhead at Vail, a duplex split. The plat does carry the duplex caveat. ,Commissioner Phillips seconded the motion. The vote was declared unan1mous. 2) SM-875-93, Lot 18, wildflower at Arrowhead. Staff recommended the Board sign the final plat. Commissioner Phillips moved to approve file number SM-875-93, Lot 18, Wildflower at Arrowhead. This is a duplex split and the plat does carry the duplex split caveat. Commissioner Johnson seconded the motion. The vote was declared unan1mous. 3) SM-876-93, Lot 1, wildflower of Arrowhead. Staff recommended the Board sign the plat. Commissioner Johnson moved to approve file number SM-876-93, Lot 1 wildflower of Arrowhead. This is a duplex split and the plat does include the duplex split caveat. Commissioner Phillips seconded the motion. The vote was declared unanimous. 4) SM-878-93, Lot 19, Block 1, Filing 3, Berry Creek Ranch. Staff recommended the Board sign the plat. Commissioner Phillips moved to approve file number SM-878-93, Lot 19, Block 1, Filing 3, Berry Creek Ranch. This is a duplex split and does carry the duplex s~lit caveat. Commiss1oner Johnson seconded the motion. The vote was declared unan1mous. 5) SM-879-93, Lot 12, Block 1, Filing 1, Eagle-Vail. Staff recommended the Board si~ the final plat. Commiss1oner Johnson moved to approve file number SM-879-93, Lot 12, Block 1, Filing 1, Eagle-Vail. This is a duplex split and does carry the duplex split caveat. ,Conmissioner Phillips seconded the motion. The vote was declared unan1mous. Jack Lewis, County Manager, and Allen Sartin, Finance Director, appeared for discussion on the 1994 Eagle County Budget. Mr. Lewis stated it is the duty of the budget officer to present a balanced budget by October 15 of each year. He reviewed the proposed budget with the Board. He informed the Board November 2 or 3, 1993 will be the all departmental meetings and December 7, 1993 will be the meeting for adopting the 1994 bud~et. Commiss1oner Phillips stated she appreciated the format of the budget this year and all the work that went into the budget. 5 Chairman Gates questioned if the proposed budget needed to be cut and if so by how much. Mr. Lewis informed the Board the proposed budget is a balanced budget. There being no further business to be brought before the Board the meeting was adjourned until October 13, 1993. Attest: C ~~~. +,fl'l*_ 6