HomeMy WebLinkAboutMinutes 08/08/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING AUGUST 8, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates Mary Jo Berenato Sara J. Fisher Chairman commissioner commissioner Deputy Connty Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of Connty Commissioners for their consideration: ZS-262-94, Eby Creek Mesa Chairman Pro-tem Johnson opened the meeting with the first item on the agenda was Eby Creek Mesa. Keith Montag, Director Commmity Development, presented file number ZS- 262-94, Eby Creek Mesa, Filing 1. He informed the Board this matter was tabled from August 2, 1994 to give the legal staff time to review spot zoning previously discussed. Mary Jo Berenato, Deputy Connty Attorney, asked how many lots the applicant is requesting be rezoned. Wendy Sacks, developer, stated there are 28 lots nnder 15,000 square feet and approximately 10 to 13 nnder 10,000 square feet. Mary Jo Berenato stated the Attorney's Office was to determine if amending the zoning on 6 to 13 lots would be considered spot zoning. She read case law on spot zoning for the Board. Ms. Berenato stated it is the opinion of the Attorney's Office amending the zoning on the lots would be spot zoning and therefore would be illegal and recommended the Board withdraw the application. Commissioner Gates asked if the lot owners were aware of these conditions previously. Ms. Berenato stated the lot owners could apply for a variance. Mr. Montag stated there are letters from homeowners who oppose the re- zoning. He stated the Board of Connty Commissioners do not hear variance proceedings and in order to obtain a variance the owner must show hardship. He stated Staff would find it difficult to support a potential hardship case for other than those lots purchased prior to the change in zoning. Chairman Phillips arrived at the hearing and assumed Chairmanship of the meeting. Brien O'Reilly, Attorney representing the developer, stated he would accept there was not a good definition applicable to this case but believes clearly, the Board has the power to re-zone property nnder 15,000 square feet. Commissioner Gates moved to withdraw the application. Commissioner Johnson seconded the motion. The vote was declared nnanimous . Commissioner Gates moved to adjourn as the Board of Connty Commissioners and reconvene as the Board of Equallzation. Commissioner Johnson seconded the motion. The vote was declared nnanimous . Board of Equalization Mary Jo Berenato stated the first item was a matter of equalization of various schedule numbers. She stated dollar amonnts on those resolutions 1 were incorrect. Ms. Berenato stated schedule 7075, the value should be increased from $368,320.00 to $378,880.00, schedule number 8035 should be increased from $46,640.00 to $335,840.00, there will be no change in the improvement value, it shall remain at $73,600.00, for a total value of $409,440.00. commissioner Gates moved to approve the equalization of properties as read by Connty Attorney. comrrdssioner Johnson seconded the motion. The vote was declared nnanimous . Mary Jo Berenato presented petitions from the Board of Equalization and recommendations from Ed Schmalley, Hearing Officer. Commissioner Johnson questioned petition E-94-29, Piney Valley Trust. He stated there was a substantial adjustment downward. Ms. Berenato stated the property was changed from vacant to agricultural classification. She stated this adjustment came from a stipulation between the petitioner and Eagle Connty. Commissioner Johnson stated the property decreased in value by $550,000.00. He questioned if there was a certain percentage which must be approved by the Board. Chairman Phillips stated if there is a stipulation there was enough information submitted to warrant said adjustments. The Board concurred to pull E-94-29 to be brought before the Board at a later date. Geor;Je Lewis, Connty Appraiser, appeared to discuss the Piney Valley Trust petltion. He stated the property is a 640 acre tract North of Wolcott. He stated the petitioner claims they have grazed this parcel since 1990, then purchased the property in October 1993. Commissioner Johnson stated a lease for the property is only necessary when grazing other individuals livestock. Commissioner Johnson moved to approve Resolution 94-E-5, incorparating attachment "A", as presented by the Attorney's Office. Commissioner Gates seconded the motion. The vote was declared nnanimous . Comrrdssioner Johnson moved to adj ourn as the Board of Equalization and reconvene as the Board of Connty Commlssioners. Commissioner Gates seconded the motion. The vote was declared nnanimous . Consent Calendar Chairman Phillips stated the next item on the agenda was the consent calendar as follows: 01) Bill paying, subject to review by Connty Manager 02) Western Eagle Connty Ambulance Llcensing 1994 - 1995. Commissioner Gates moved to approve the consent calendar as presented. Commissioner Johnson seconded the motion. The vote was declared nnanimous . Resolution 94-111 Mary Jo Ber~nato pre~e~ted Resolution 94-111, second partial release of coll~teral, Cordlllera, Fllln;J 8. She stated the Attorney's Office has recelved a new Letter of Credlt and recommended approval of the partial release. Commissioner Johnson moved to a!?prove Resolution 94-111 second partial release of collateral, Cordillera, Fllin;J 8. ' commissioner Gates seconded the motlon. The vote was declared nnanimous . Resolution 94-112 Mary Jo Ber~nato pre~e~ted Resolution 94-112, second partial release of coll~teral, Cordlllera, Fllln;J 3. She stated the Attorney's Office has recelved a new Letter of Credlt and recommended the Board approve the partial release. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Gates moved to approve Resolution 94-112, second partlal release of collateral, Cordillera, Filing 3. Commissioner Johnson seconded the motion. The vote was declared nnanimous . Cordillera, Filing 7 Mary Jo Berenato stated the next item on the agenda was second partial release of collateral for Cordillera, Filing 7 Phase I. She stated the applicant is requesting this matter be tabled in order to obtain a second Letter of Credit. commissioner Gates moved to table the second partial release of collateral for Cordillera, Filing 7, Phase I, for two weeks. Commissioner Johnson seconded the motion. The vote was declared nnanimous . Resolution 94-113 Mary Jo Berenato presented Resolution 94-113, authorizing the second partial release of collateral for Cordillera, Filing 7, Phase II. She stated she has received a new Letter of Credit and recommended the partial release be approved. Commissioner Johnson moved to approve Resolution 94-113, second partial release of collateral for Cordillera, Filing 7, Phase II. Commissioner Gates seconded the motion. The vote was declared unanimous. Cordillera, Filing 14 Mary Jo Berenato stated the next item on the agenda was the substitution of collateral for Cordillera, Filing 14. She stated the applicant is requesting this matter be tabled for two weeks in order to obtain new collateral. Commissioner Gates moved to table the substitution of collateral for Cordillera, Filing 14, for two weeks, at the applicants request. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 94-114 Mary Jo Berenato presented Resolution 94-114, authorizing the second partial release of collateral, Blue Lake, Filing V. She stated all is in order and recommended approval of the release. Commissioner Johnson moved to approve the second partial release of collateral for Blue Lake, Filing V. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 94-115 Mary Jo Berenato presented Resolution 94-115, authorizing the partial release of collateral and commencement of the warranty period for Arrowhead at Vail, Phase II, Filing 16. She stated the Attorney's Office has received a new Letter of Credit and recommended approval of the request. Commissioner Gates moved to approve Resolution 94-115, authorizing the partial release of collateral and commencement of the warranty period for Arrowhead at Vail, Phase II, Filing 16. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 94-116 Mary Jo Berenato presented Resolution 94-116, authorizing the extension of the warranty period required under the subdivision and off-site 3 improvements agreement for Silverado Estates, Filing 1. She stated the applicant is requesting the Improvements Agreements be extended to August 13, 1995 to provide for the corrections as stipulated. She stated the warranty period is being extended due to repairs needed on the road. Commissioner Johnson questioned extending the warranty period for a road that will not pass Connty specifications. Ms. Berenato stated the County approved the road in the beginning, it then fell apart and the developer lS being sued by homeowners. commissioner Johnson stated there would be a one year warranty period if the road was repaired. Phil Scott, Engineering Technician, stated the Silverado Townhomes were collateralized in 1988 or 1989. Once completed the Engineering Department concluded the improvements were complete, but during the two year warranty period there were massive problems. He stated Staff then directed the applicant to make further repairs and an extension was requested. Mr. Scott stated the corrections still have not been made. He informed the Board the Subdivision Improvements Agreement will be assigned to the homeowners at the end of an additional warranty period. commissioner Johnson stated he would like to see a two year warranty period rather than a one year warranty. Ms. Berenato stated the current SIA's only provide for a one year warranty !?eriod. Commlssioner Johnson moved to authorize the extension of the warranty period required nnder the Subdivision and Off-Site Improvements Agreement for Silverado Estates, Filing 1. Commissioner Gates seconded the motion. The vote was declared unanimous. Silverado Estates, Filing 1 Mary Jo Berenato presented a Consent to Assignment and Assumption of certain obligations for Silverado Estates, Filin;J 1. She stated the homeowners association will take over the Subdivlsion Improvements Agreement, pursuant to a law suit. Commissioner Gates moved to approve a Consent to Assi~ent and Assumption of certain obligations for Silverado Estates, Flling 1. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Berenato presented an Assignment for Certification of Deposit for Silverado Estates, Filing #1. She requested the Board approve the Certification. commissioner Johnson moved to ap!?rove the Assignment for Certification of Deposit for Silverado Estates, Fillng #1. Commissioner Gates seconded the motion. The vote was declared unanimous. Dead HOrse Investors, Ltd. Mary Jo Berenato presented an Improvements Agreement between Eagle Connty and Dead Horse Investors, Limited Partnership. She stated the subdivider has requested this matter be tabled to August 15, 1994. commissioner Gates moved to table the Improvements Agreement between Eagle County and Dead Horse Investors, Limited Partnership, to August 15, 1994. Commissioner Johnson seconded the motion. The vote was declared unanimous. Aspen Molmtain View Patti Haefeli, Planner, presented file number SU-117-94-AF, amended final plat for Lot 2, Filing 3, Aspen Monntain View. Commissioner Johnson moved to approve file number SU-117-94-AF, amended final plat for Lot 2, Filing 3, Aspen Mountain View. Commissioner Gates seconded the motion. The vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Resolution 94-E-02 Mary Jo Berenato presented Resolution 94-E-02, correcting the Eagle County Board of Equalization Resolution 94-E-02. She stated this correction refers to schedule number 7075, increasing the value from $368,320.00 to $378,880.00. Schedule number 10444 increasing the value from $368,320.00 to $378,880.00. Commissioner Gates moved to approve Resolution 94-E-02, correcting the Eagle County Board of Equalization Resolution 94-E-02, as read by Connty Attorney. Commissioner Johnson seconded the motion. The vote was declared unanimous. Adams Rib Keith Montag presented the next item on the agenda, sketch plan for Adams Rib Recreational Area, extension request. He stated the original sketch plan was approved in August 25, 1982. He stated in 1991 another extension was granted for three years. Mr. Montag stated the applicant is requesting another extension today. Richard Carlisle, Elizabeth Garvin, Charlie Wick and Fred Cummer, were present representing Adams Rib. Mr. Carsisle stated there was a work session and site visit on July 25, 1994. He stated they are requesting a three year extension. He asked the documents here today be admitted into the record. He stated the applicant believes there has been due diligence shown on this project and informed the Board it was envisioned to be a complicated project. He informed the Board in no way has the project been abandoned. Jim Fritze, County Attorney, stated if the documents are to be submitted, they will remain on file at the County. He suggested the applicant make copies of that documentation for which there are none. Commissioner Gates moved to accept all documentation submitted by Adams Rib be accepted for the record. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson stated he would have like to have had those documents available before today's hearing to review the material. Discussion followed on the documents being requested to be entered as part of the record. Jim Fritze suggested the Board take whatever time is needed to review all documentation. He stated the letter being referred to is from Kimberly Graber on behalf of the concerned citizens of Eagle County. Commissioner Gates asked if County Attorney was suggesting, without lookin;J at the files, a decision should not be made on the request for extenslon. Mr. Fritze stated it is at the Board's descreation as to how much time it takes to review submitted documents. He stated one of the requirements for granting an extension is substantial compliance with sketch plan requirements. Commissioner Johnson asked the motion be amended to two sets of photo copies being presented by the applicant. Commissioner Gates lncluded the amendment in his motion. Chairman Phillips called for the question on the motion. The vote was declared unanimous. Discussion followed on the letter submitted by Kimberly Graber on behalf of the citizens of Eagle Connty. Mr. Carlisle stated the developer has been spending hundreds of thousands of dollars developing plans for this proposal. Charlie Wick reviewed the chronology of litigation and provided a brief surrmary of the proj ect . Terrill Knight, Knight Planning, stated he was char;Jed with directing the planning process, evaluating the impacts and continulng the effort to work co-operatively with the State and County entities. Fred Cummer stated they are continuing aggressively in an extremely difficult environment and would like to move forward as quickly as POsslble. 5 commissioner Johnson asked if the original sketch plat fit into the Master Plan as they look today and has the permit been obtained. Mr. Cummer stated the permit was in hand. Discussion followed on !?ast history for the Adams Rib Sketch Plan. Chairman Phillips questloned when the 404 Permit would be approved. Mr. Cummer stated the project has come a long way and they believe they have reached the mitigation phase. He stated the Corps will look to the local body to ~oint the way to the approval process. Charlie Wlck stated the Forest Service, at the last moment wanted the Corps to accept some of the work and provide certain approvals. commissioner Johnson asked if the applicant can receive a 404 Permit within the scope of the original sketch plan. Mr. Wick answered yes. Chairman Phillips asked what was submitted with the 404. Mr. Cummer stated in 1982 it was very much recognized, the need for flexibility. He stated conceptually the project is the same. Mr. Cummer stated addltional land has been acquired and the economic environment has changed. Jim Fritze stated if a three year extension is granted when does the applicant foresee filing a preliminary plan. Mr. Cummer stated he would not state the applicant would not be back for another extension. He stated the most significant !?arties are HBE Corparation and the County. He stated HBE Corparatlon means business and expects this project will move very quickly. Commissioner Johnson asked if there was a certain amonnt of time for the extension or if the Board could grant any time period. Mr. Fritze stated it was at the Board's discretion. Tim Carrier, law clerk from Garson Danielson, stated if the Board grants an extension it is giving a stamp of approval to what was submitted in 1982. He stated indeed there is a ski monntain and a golf course proposed but Adams Rib has changed their plans. He recommended the Board reject the extension, require the applicant to resubmit a new sketch plan for 1994. Steve Peters, area property owner, stated he believes the effort and time Adams's Rib has spent on this endeavor necessitates the ability for them to carry on. He stated whether the preliminary plan looks like the sketch plan remains to be seen when the preliminary plan is submitted. He requested any changes be viewed with seriousness with consideration to adjacent property owners. Hugo Benson, area resident, stated in his o!?inion the pros out weigh the cons in this request. He stated there are indivlduals who do not want growth in this area but much is inevitable. Mr. Benson stated the sketch plan was approved in 1982 and has been before the Army Corps of Engineers. He stated he did not believe the question of abandonment was appropriate in this application. willis Bassett, area resident, stated he believes the old gronnd is being plowed and plowed again. He stated there are vehicles in place to address changes at the proper time. He encouraged the Board to approve the extension. Suzie Kincade, area property owner, stated she did not believe the comrrdssioners got a straight answer to the question was the 1982 plan the one before the Forest Service and Army Corps of Engineers. She stated it is not the same plan. She stated she went on the site visit with the Board and saw the devastation that will happen in that valley if this plan is approved. Chairman Phillips stated the only item to be considered today is the extension request. Ms. Kincade stated the applicant has asked for the revised sketch plan on the golf course which now makes it two different plans. She stated she hopes the Commissioners will take into consideration the fact that twelve years have passed. Times have changed and the applicant should be required to update all aspects of the development. Jerry Butters, area resident, stated he believes HBE Corparation has shown due diligence and urges the Commissioners to grant the extension. Sandy Brendon, area resident, stated it is important to remember to live life in the process. She believes commitment and hard work has been done by the HBE Corparation and recommended the Board a!?prove the extension. Lucille Liber, representing the senior citlzens of Eagle Connty, stated she would like to see the extension request granted and would like to see the 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 project get going. Ethel Borgen, area resident, stated she stands behind her mother. Thomas Burke, area resident, stated he would like to see the project go through. Dick Turgeon, area resident, assured the Board that Adams Rib has continued to work. Harold Feder, area resident, stated he lives adjacent to the golf course site and has been there since 1978. He stated the sketch plan approval was in 1982 and believes the criteria is not due diligence. He stated if it was the applicant, in his opinion, has failed. Mr. Feder stated if the Board analyzes the time the applicant spent on the project they will find it has all gone towards changes, and not the original plan. He stated this has been a pony express presentation by HBE Corporation. The issues keep changing. Mr. Feder stated if a project is right it will be sustained, if not, i.e., the water is not right, the environment is not right, law suit aside, the applicant mayor may not be back in three years. He recommended the Board deny the extension request. Gene Lorig, area resident, stated his comments were the same as others who have already spoken. He will speak to the Board at a later date. Keith Montag stated Roy Mosher had to leave the hearing but was told to write his comments down and submit them to the Board in a letter. Jeniffer Alexander, area resident, stated she was approached by a man in Eagle who wanted to talk about the future of a thirteen (13) year old. She recommended this project be approved. Christine Lindholm left the meeting. Commissioner Johnson asked when the present sketch plan expires. Mr. Montag stated the sketch plan ~ires August 25, 1994. Discussion followed on the Board's tlme frame. Mr. Fritze stated based on the cart load of evidence and if the Board wants to consider that evidence, he sU;Jgested the Board table this application to August 23, 1994, which lS before the expiration of the sketch plan. Commissioner Johnson moved to grant a sixty (60) day extension to the Adams Rib Sketch Plan, approved August 1982, to allow Board deliberation and research. Commissioner Gates asked if Commissioner Johnson would bow down to making August 23, 1994 the next hearing date and if an extension was necessary it could be granted at that time. Commissioner Johnson stated he would not be able to get through all the submitted documents at that time. The motion died for lack of a second. Commissioner Gates moved to table a decision on the Adams Rib Sketch Plan to August 23, 1994. Commissioner Johnson seconded the motion. Commissioners Gates and Phillips voting aye. Commissioner Johnson voting no. Mr. Wick stated he will send someone down tomorrow to organize the information. There being no further business to be brought before the Board the meeting was adjourned nntil August 9, 1994. Attest: C ~ 7