HomeMy WebLinkAboutMinutes 11/01/94
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
NOVEMBER 1, 1994
Present: Johnnette Phillips
James Johnson, Jr.
George "Bud" Gates
Bob Loeffler
Sara J. Fisher
Chairman
Commissioner
Conmissioner
Ass' t. 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:
SU-321-94-AF2, Aspen Mesa Estates
Kathy Eastley, Planning Technician, presented file number SU-321-94-AF2,
Aspen Mesa Estates, Lot 21. She stated the applicant is requesting this
matter be tabled to November 29, 1994.
Commissioner Johnson moved to table file number SU-321-94-AF2, Aspen
Mesa Estates to November 29, 1994.
Corrmissioner Gates seconded the motion. The vote was declared
unanimous.
SE-306-94, Denzel Tract Exemption
Kathy Eastley I?resented file number SE-306-94, Denzel Tract Exemption.
She stated the appllcant is requesting an exemption from subdivision
regulations for a single family parcel.
Commissioner Gates moved to approve file number SE-306-94, Denzel Tract
Exemption.
Corrmissioner Johnson seconded the motion.
In discussion, Commissioner Johnson expressed concern with the site
distance requirement and trimmin$" of the trees.
Ms. Eastley stated the appllcant has dedicated ten feet of frontage
along Brush Creek.
Chairman Phillips called for the question on the motion. The vote was
declared unanimous.
PD-293-94-AF9, Cordillera, Filing 9
Kathy Eastley presented file number PD-293-94-AF9, Cordillera
Subdivision, Filing 9, Lot 26. She stated this is a request to amend a
building envelope. Ms. Eastley related all adjacent property owners were
notified and no objections have been received.
commissioner Johnson moved to approve file number PD-293-94-AF9,
Cordillera, Filing 9, Lot 26, incorporating Staff findings and
recommendations.
commissioner Gates seconded the motion. The vote was declared
unanimous.
PD-293-94-AF10, Bearcat at the Ranch at Cordillera
Kathy Eastley presented file number PD-293-94-AF10, Bearcat at the Ranch
at Cordillera. She stated this is a request to amend a building envelope by
vacating a utility and drainage easement. Ms. Eastley related all adjacent
property owners have given their written consent.
Corrmissioner Johnson asked if the County Engineering Department had any
comments concerning the vacation.
Ms. Eastley answered no and related the utilities are not yet installed.
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commissioner Gates moved to approve file number PD-293-94-AF10, Bearcat
at the Ranch at Cordillera, incorporating Staff findings and recommendations.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Plat & Resolution Signing
Kathy Eastley I?resented file number SM-946-94, Pinewoods, Phase II. She
stated thls was a Mlnor Type B Plat, resubdivision of Eagle-Vail Subdivision,
Filing 2, Lot 80A, Block 1.
Commissioner Gates asked if the resubdivision fit with the current
zoning.
Ms. Eastley answered yes. ,
commissioner Johnson moved to approve file number SM-946-94, Plnewoods,
Phase II.
commissioner Gates seconded the motion. The vote was declared
unanimous.
Kathy Eastley presented file number SM-944-94, Las Vistas at Singletree,
Phase II. She stated this was a Minor Type B Plat, resubdivision of Tract B,
Las Vistas at Singletree. Staff recorrmended approval.
Commissioner Gates moved to approve file number SM-944-94, Las Vistas at
Singletree, Phase II.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Kathy Eastley presented file number SM-948-94, Berry Creek Ranch, Filing
2, Lot 21, Block 1. She stated this was a Minor '!YI?e B Plat, resubdivision
of Lot 21. Ms. Eastley stated this plat does contaln the duplex split
caveat. Staff reconmended approval.
Commissioner Johnson moved to approve file number SM-948-94, Berry Creek
Ranch, Filing 2, Lot 21, Block 1, incorporating Staff findings and
recorrmendations.
commissioner Gates seconded the motion. The vote was declared
unanimous.
Kathy Eastley presented file number SM-939-94, Berry Creek Ranch, Filing
2, Lot 27, Block 6. She stated this was a Minor '!YI?e B Plat, resubdivision
of Lot 27. Ms. Eastley stated this plat does contaln the duplex split
caveat. Staff reconmended approval.
commissioner Gates moved to approve file number SM-939-94, Berry Creek
Ranch, Filin$" 2, Lot 27, Block 6.
Commissloner Johnson seconded the motion. The vote was declared
unanimous.
Kathy Eastley presented a proposed Resolution, file number ZS-365-94.
She stated this Resolution is for the approval of a Special Use Permit for
Castle Peak Veterinary for a Veterinary Clinic within a Commercial Limited
Zone District as approved by the Board on October 18, 1994.
Commissioner Johnson questioned paragraI?h 2 of the Resolution, if one of
the Doctors leaves the clinic would the Speclal Use Permit continue.
B?b Loeffler, Ass't. County Attorney, stated the Resolution is a little
confuslng.
Discussion followed on the proposed Resolution.
Mr. Loeffler stated the Special Use Permit goes with the land and not
the individuals.
Commissioner Johnson moved to table the proposed Resolution to allow
Staff time to rewrite the conditions.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Kathy Eastley presented Resolution 94-164, SU-316-94-P. She stated this
was a Resolution for the approval of a Preliminary Plan for the Travis Creek
II Subdiv~si?n as approved by the Board on August 16, 1994.
C~ss~oner Gates moved to approve Resolution 94-164, SU-316-94-P.
Co~ssloner JOhnson,se<?onded the motion. Commissioners Phillips and
Gates votlng aye and Cormussloner Johnson voting no.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Kathy Eastley presented Resolution 94-165, PD-330-94-S. She stated this
was a Resolution for the approval of the Planned unit Development Sketch Plan
for Northstar Home Center as approved by the Board on September 21, 1994.
Commissioner Johnson moved to approve Resolution 94-165, PD-330-94-S.
Conmissioner Gates seconded the motion. The vote was declared
unanimous.
80-320-94, Bear Gulch Subdivision
Paul Clarkson, Planner, presented file number SU-320-94, Bear Gulch
Subdivision. He stated this matter was previously tabled on September 20,
1994 requesting more details regarding water and progress towards a signed
fire protection service contract. Mr. Clarkson stated a road maintenance
agreement was inadvertently left out at the previous hearing. He related the
applicant has drafted the following agreements:
01) Declaration for Joint Road Maintenance Association.
02) Bylaws of the Joint Road Maintenance Association.
03) Articles of Incorporation of Joint Road Maintenance
Association.
Rick Plyman, Jamar and Associates, stated the applicant will use the
building envelopes at 17,000 feet, leaving approximately 9 1/2 acres
undisturbed out of the ten acre sites. He discussed the two remaining
issues, water augmentation and a contract with the Avon Fire Department. Mr.
Plyman referred to the pond called the "Jan Jouflas" I?ond. He stated the
applicant will enlarge the pond to make the water avallable for fire fighting
and it will hold approximately 200,000 to 300,000 gallons of water. He
stated he has a letter from Charlie Moore, Avon Fire Department, in lieu of
the fire agreement.
Scott Balcolm, Water Rights Attorney, stated the two opponents came
forward, the Bellyache Ridge Water District and the Colorado State Engineers
Office, and all individuals discussed the fire safety issue. He stated an
agreement was reached and stated the following is what was agreed upon:
01) The developers agree to provide a well location to the
District, in the event the District encounters problems obtaining ground
water in the future.
02) There will be an easement to construct a well on one of the
lots in the subdivision in an area that will not obstruct the water supply.
03) The District may move its legal water supply to that well when
and if they need to do so.
04) A permanent information bank shall be established between the
applicant and the District.
05) A study shall be performed concerning the amount of water
available in the aqulfer underlaying Bellyache Ridge.
Mr. Balcolm stated a written agreement can be provided with thirty days.
Commissioner Johnson moved to approve file number SU-320-94-P, Bear
Gulch Subdivision, incorporating Staff findin$"s and conditions, noting
condition number three shall be deleted, requlring individual water storage.
The water pond plans shall be reviewed by County Engineer.
Commissioner Gates seconded the motlon. The vote was declared
unanimous.
Bossow Wolcott Property Mitigation
Keith Montag, Director of Community Development, stated the next item on
the agenda was consideration of miti$"atlon in lieu of condemnation of the
Bossow Wolcott Property. He stated ln AU$"Ust 1994 the applicant applied for
a building pennit with the ridgeline houslng the structure. Staff believes
the ridgeline is a unique landform that should be I?rotected in its original
state. He stated on October 3, 1994, the County dld adopt a Resolution
authorizing the acquisition of this property by purchase or condemnation, in
order to preserve the site. Mr. Montag stated discussions were held with the
aI?plicant concerning mitigation of this site. He mentioned althou~h a
mltigation plan has been submitted the structure will still be vislble.
Pattie Haefeli, Planning Technician, discussed berming and landscaping,
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color of the rock, types of glass, specific lighting, roofing materials,
trees, planting, windows, roof top and exterior lighting.
Bob Loeffler stated he has spoken with Jay Peterson, Attorney
representing the applicant, regarding the way of adopting the proposal and an
agreement has been reached. He stated this agreement will provide that the
Board will not condemn the property and the applicant will construct the
improvements on the property.
Jay Peterson stated the applicant is in agreement with Staff
recommendations, but would like to change the lighting from 12 volts to 110.
He stated 12 voltage is a maintenance problem. He stated the wattage would
remain the same. He stated coming from the East, there may be a purpose to
develop some of that area and make other improvements in the future.
Commissioner Gates asked about a caretakers unit.
Mr. Montag stated a caretakers unit is not an issue but there may be a
need or desire to provide out buildings.
Discussion followed on improvements to the property.
George Jouflas, area property owner, stated he has had a problem with
the applicant in the I?ast with trespassing and stated he is not very happy
with the way the appllcant has been dealing with the area property owners.
Mr. Peterson stated the road Mr. Jouflas is referring to is the site
road and it has been the historical access to this property.
Bob Loeffler stated the County is not to be involved ln this issue. He
stated Mr. Bossow has requested access across BLM land.
Commissioner Johnson moved to table this matter to November 15, 1994 to
allow the agreement to be rewritten.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
PD-291-94-A, Riverwalk at Edwards
Sid Fox, Planning Manager, presented file number PD-291-94-A, Riverwalk
at Edwards. He stated the aI?plicant is requesting this matter be tabled for
thirty days to allow discusslon concerning employee housing.
COmmlssioner Johnson moved to table file number PD-291-94-A, Riverwalk
at Edwards to December 6, 1994, at the applicants request.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
PD-313-94-A, El Jebel Texaco
Ellie Caryl, Planning Technician, presented file number PD-313-94-A, EI
Jebel Texaco. She stated a meeting was scheduled with the Planning
Commission and was tabled. She stated the applicant is proposing to increase
the set backs. Ms. Caryl stated the applicant is requesting this matter be
tabled to December 6, 1994.
Commissioner Gates moved to table file number PD-313-94-A, EI Jebel
Texaco, to December 6, 1994, at the applicants request.
commissioner Johnson seconded the motion. The vote was declared
unanimous.
1041-000-94, Cordillera Completeness Hearing
Ray Merry, Environmental Health Officer, presented file number 1041-000-
94, Cordillera Completeness Hearing. He stated this application is for the
pipeline diversion in Squaw Creek He stated the fees have been estimated at
$1,450.00, which can change during the review process.
Commissioner Gates moved to approve the completeness of file number
1041-000-94, Cordillera, existin$" domestic water treatment systems and the
efficient utilization of a municlpal water system. The estimated fees shall
be $1,450.00.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Lake Creek. Village Drive
John Althoff, Engineering Technician, presented the next item on the
agenda, acceptance of Lake Creek Village Drive. He stated all work has been
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
completed and Staff recorrmended acceptance.
Commissioner Gates moved to accept Lake Creek Village Drive as
recommended by Staff.
commissioner Johnson seconded the motion.
In dicussion, Commissioner Gates questioned maintenance and snow
plowing.
Mr. Althoff stated he has worked with the Road and Bridge Department
concerning maintenance.
Chairman Phillips called for the question on the motion. The vote was
declared unanimous.
The Board directed Staff to prepare a Resolution for the Board's
signature.
Homestead, Filing 2
Keith Montag presented the next item on the agenda, Preliminary Plan
Expiration, Homestead, Filing 2, Blocks 13 - 16. He reviewed the background
for the Board.
Jim Fritze, County Attorney, stated County Regulations are silent as to
how the expiration policy is effected. He stated there are a number of other
cases in Colorado, therefore Staff has scheduled this show cause hearing to
allow the developer to show why the Preliminary Plan has not expired. Mr.
Fritze stated if the Board determines there is not good cause there would
then be a zoning hearing to detennine if the zoning should be returned to its
original state. He continued to review options for the Board.
Mr. Fritze informed the Board the applicant requested a review last year
and it was Staff's opinion the plan was in violation.
Kevin Lindahl, Attorney representing the applicant, provided the Board
an outline for their review. He discussed the outline for the Board and
stated utilities and roads were planned for 1982 and the water tank was
installed in 1982. He stated the following is a SYnopsis of what has
happened over the years:
01) November 10, 1980, Sketch Plan approval for 555 units on 681
acres.
02) May 11, 1981, Preliminary Plan approval and zone change to PD
for 530 units on 701 acres, including Blocks 13 - 16.
03) August 7, 1981, Final Plat approval for Filing, 1, Blocks 1 -
12, but excluding Block 8.
04) 1981 - 1984, design and construction of infrastructure, all
sized for inclusion of approved densities for Block 1 - 16.
05) September 26, 1984, Final Plat for Filing 3, amendment to POD
to include Filing 3.
06) 1984, affordable housing study produced by Ea$"le County
recognized Homestead Meadows as a fine example of publicjprlvate cooperation
in an affordable housing program. Homestead boasts 70% local owner occupancy
today.
07) January 9, 1985, POD Amendment increasing the number of units
from 530 to 555, including Blocks 13 - 16.
08) 1981 - 1993, Final Plats, 35 final plat have been recorded in
Homestead over the last 13 years.
09) 1994, POD Amendment.
Mr. Lindahl presented various pictures of the subdivision.
Mr. Fritze asked if the applicant would like to include the photographs
for the record.
Mr. Lindahl answered yes. He tendered construction permits for the
record. He discussed publlC improvements, utilities, roads and the
clubhouse. He pointed out the community center is located at the other end
of the open space. Mr. Lindahl continued to review the proj ect .
Mr. Fritze stated Mr. Lindahl indicated the last final plat was filed in
1994. He questioned if there were previous final plats of that block.
Mr. Lindahl stated there was a number of them.
Mr. Fritze stated then it was I?latted before 1994.
Mr. Lindahl stated not all of lt, it was platted in phases.
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Mr. Fritze questioned who owned the open space.
Mr. Lindahl stated the open space has been deeded to the Homeowners
Association.
Mr. Fritze stated with regard to the parcel deeded to Arrowhead, which
filing was that in.
Bob Warner, developer, stated the entire red parcel was not conveyed.
He stated a three acre parcel within that twenty acre parcel was conveyed and
final plated through Arrowhead.
Mr. Fritze asked when the transfer to Arrowhead occurred.
Mr. Wamer stated he conveyed the property to Ken Schnberger who lost
the property to ARTC, who then sold the property to Arrowhead. He stated
this all occurred from 1985 to 1993.
Mr. Fritze stated the term POD Plan was used. He questioned if a POD
Guide was ever approved for Blocks 13 - 16.
Mr. Lindahl stated to his knowledge no, but he believes a POD Plan and a
POD Guide are two different things. He stated at Preliminary Plan stage a
POD Plan is approved.
Mr. Fritze questioned the improvements and who constructed the water
tank.
Mr. Lindahl spoke to improvements and related the water tank was
constructed by the Edwards Metropolitan District.
Mr. Warner stated there are two issues the plan contemplates, the plan
is a single plan and he believes once the POD is there it is there. He
stated he felt the whole project could have been a rental project.
Chairman Phillips asked if there was anyone wishing to speak at todays
hear in$" rather than returning at a later date.
B1Il Andree, President of the Homeowners Association and with the
Division of Wildlife, spoke to the open space and stated individuals have
been speaking about a swimming pool and having the club expanded. Mr. Andree
stated there needs to be a buffer zone between people and animals. He
expressed concem with starting over on the project and seeing some of the
open space disappear. He stated it is the Homeowners Association this is all
one POD and they would like to see it stay that way.
Chairman Phillips asked when the Staff determned the date of
expiration.
Mr. Montag stated the original Preliminary Plan was approved May 11,
1981 and related there was an amendment to the entire POD on January 9, 1985,
which makes the expiration date January 9, 1988.
Jim Fritze stated the Attorney's Office sees the plan subject to
expiration anytime after that date, but the plan is not expired until the
Board affords a due process hearing.
Mr. Lindahl stated there were POD amendments with no indication of
~iration dates. He related he would like to see the building permits,
utllities design and construction, 1984 Affordable Housing, POD map and
phasing map admitted for the record.
Mr. Fritze suggested the Board admit them for the record at the next
hearing.
Commissioner Johnson moved to table this to 2:16 p.m. today to obtain a
tabling date.
commissioner Gates seconded the motion. The vote was declared
unanimous.
Resolutions
Jim Fritze presented the following Resolutions for the Board's
consideration:
01) Resolution 94-166, Referendum A, Single Issue Ballot
02) Resolution 94-167, Referendum B, Ballot Analysis
03) Resolution 94-168, Amendment 12, Bruce Amendment
04) Resolution 94-169, Amendment 15, Campaign Refonn.
Chairman Phillips questioned if supporting and encouraging the voters of
Eagle County is a part of the Commissioner'S role.
Commissioner Johnson stated if the Board is supporting or non-supporting
an issue he believes that is encouraging the voters to do the same.
Commissioner Gates stated he concurred with Commissioner Johnson.
Commissioner Johnson moved to approve Resolution 94-166, Referendum A,
Single Issue Ballot.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Commissioner Gates seconded the motion. The vote was declared
unanimous.
commissioner Gates moved to approve Resolution 94-167, Referendum B,
Ballot Analysis.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
Commissioner Johnson moved to approve Resolution 94-168, opposition to
Amendment 12, Bruce Amendment.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
commissioner Gates moved to approve Resolution 94-169, supporting
Amendment 15, Campaign Refonn.
commissioner Johnson seconded the motion. The vote was declared
unanimous.
Homestead
Chairman Phillips stated the next item is to look at a hearing date for
the Homestead.
Jack Lewis, County Manager, suggested the hearing be set for Monday,
November 7, 1994 at 4:15 p.m.
Mr. Fritze stated it will be Mr. Warner's decision to be present or not
to be present.
Corrmissioner Gates moved to continue the hearing for the preliminary
plan expiration of the Homestead, to Monday, November 7, 1994 at 4:15 p.m.
Corrmissioner Johnson seconded the motlon. The vote was declared
unanimous.
There being no further business to be brought before the Board the
meeting was adjourned until November 7, 1994.
Attest: .
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