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HomeMy WebLinkAboutMinutes 02/28/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING FEBRUARY 28, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips Mary Jo Berenato Earlene Roach Chairman Corrmissioner Corrmissioner Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: PD-296-94-F2, Wildhorse Subdivision PD-296-94-F3 PD-296-94-F4 Kathy Eastley, Planning Technician, presented file number PD-296-94-F2, PD-296-94-F3 and PD-296-94-F4, wildhorse Subdivision. She stated this was a request for a final plat to create twenty-two (22) single family lots and four tracts designated future development of fifty-one (51) multiple family dwelling units on a total of 85.767 acres. Lance Badger, representing the applicant, requested this matter be tabled to March 14, 1995 to allow time to submit the Subdivision Improvements Agreement to Staff. Mary Jo Berenato, Deputy County Attorney, reviewed issues to be settled. Commissioner Gates moved to table file number PD-296-94-F2 and PD-296- 94-F3 and PD-296-94-F4 to March 14, 1995. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Kathy Eastley presented final plat file number SM-959-95, Dakota at Arrowhead, Phase 3. She stated this was a minor type lib" subdivision to create lots 22 - 25 and lots 28 - 30 and related common area, to vacate tract lines and to create easements as shown. She related this plat does contain the duplex s~lit caveat. Commissloner Phillips moved to approve file number SM-959-95, Dakota at Arrowhead, Phase 3, vacating tract lines and creating easements as shown. This plat does contain the duplex split caveat. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Kathy Eastley presented final plat file number SM-960-95, pinons at Arrowhead. She stated this plat is a Minor Type B Subdivision, creating lots 16A, 16B, 17A, 17B, 18A and 18B and related common area. She related this plat does contain the duplex split caveat. Commissioner Gates questioned if the duplex split creates additional dwelling units. Ms. Eastley answered no. Commissioner Gates moved to approve file number SM-960-95, pinons at Arrowhead. This plat does contain the duplex split caveat. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Kathy Eastley presented final plat file number SM-961-95, Berry Creek RancJ:., ,F~ling 4, ~t 45, Block 1. She stated this was a Minor Type B Subdlvlslon creatlng lots 45A & 45B. She related the plat does contain the duplex split caveat. 1 corrmissioner Phillips moved to approve file number SM-961-95, Berry Creek Ranch, Filing 4, Lot 45 Block 1. This plat does contain the duplex split caveat. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Kathy Eastley presented Resolution 95-22, amendment to EI Jebel Texaco, POD, file number PD-313-94-A. She stated this matter was heard before the Board on December 6, 1994. Corrmissioner Gates moved to approve Resolution 95-22, amendment of EI Jebel Texaco POD, heard by the Board on December 6, 1994. corrmissioner Phillips seconded the motion. Corrmissioners Phillips and Gates voting yes, corrmissioner Johnson voting no. Kathy Eastley presented Resolution 95-23, file number PD-332-94-S, Eagle Valley Health Center. She stated this matter was heard by the Board on February 14, 1995. Corrmissioner Johnson questioned condition number seven in the Resolution, wet water or water rights. He suggested changing the condition to indicate "wet water". Commissioner Phillips moved to approve Resolution 95-23, Eagle Valley Health Center, clarifying "wet water" in condition number seven. Corrmissioner Gates seconded the motion. Corrmissioners Phillips and Gates voting yes, corrmissioner Johnson abstaining. T-26-95, Derrald F. Newman Kathy Eastley presented file number T-26-95, Derrald F. Newman Temporary housing Permit. She stated this was an application for a temporary housing permit to reside in the existing mobile home while constructing the new home. Staff recommended approval with the following conditions: 01) the mobile home must be removed from the property ~rior to issuance of a Temporary Certificate of Occupancy for the new resldence. 02) Mr. Newman may apply for an extension of the Temporary Housing Permit if he has not completed construction on his new home in six months. The permit may be extended for an additional six months upon approval from the Department of Community Development. Ms. Eastley explained the location of the property. Chairman Johnson suggested changing condition number two to reflect a one time extension to the permit. Corrmissioner Gates suggested wording the condition that the temporary permit would be good for a period of one year. Chairman Johnson stated Eagle County Land Use Regulations state only a six month temporary may be issued with the ~ossibility of an extension. He stated he would like to see only one extenslon granted. If construction is not complete the applicant would have to appear before the Board. Corrmissioner Gates moved to approve file number T-26-95, Derrald F. Newman, 13929 Colorado River Road, Temporary- Housing Permit, incorporating Staff findings and recorrmendations. Conditlon number two shall be changed to reflect a one time six month extension. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Kathy Eastley presented Resolution 95-24, file number T-26-95, Darrald F. Newman Temporary Housing Permit. Corrmissioner Phillips moved to approve Resolution 95-24, changing condition number two to reflect a one time six month extension as discussed at this hearing. corrmissioner Gates seconded the motion. The vote was declared unanimous. ZS-48-94-A, Lehmann Gravel pit sid Fox, Planning Manager, presented file number ZS-48-94-A, Lehmann Gravel pit. He stated this was an application to amend an existin$ Special Use Permit for a gravel mining operation. He stated the property lS located in the vicinity of the Eagle County Airport. Mr. Fox stated if approved, 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 this application will add approximately fifteen (15) acres and delete ap~roximately three (3) acres from the gravel mining area. He stated the exlsting zoning is Industrial Zoning, which will not change. Mike Blain, representing the a~plicant, explained they would like to extend the permit area to allow minlng in an area to be acquired by Mr. Lehmann in an exchange with the County. He pointed out on a plat the location of the current mining operatlon and the location of the proposed expansion. Wes Deapointe, representing the applicant, stated Staff is recorrmending approval with conditions, in which the applicant is in agreement with five of those conditions. He addressed condition number two, expiration of the permit in a six year period. He stated the applicant currently has a non- expirin$ permit and does not want to see a condition establishing an expiratlon date. The applicant is requesting a non-expirin$ permit be issued. He informed the Board the County does have the optlon to issue a cease and desist order at any time. Mr. Deapointe spoke to the remoteness of the area and requested time frames not be established for working hours. corrmissioner Gates stated the permit could be renewed at the end of six years if the Board so desires. Jim Fritze, County Attorney, stated the idea of an expiration is to encourage the operator to completely mine out one pit before moving on to another area. Mr. Fox stated currently there is an open ended permit on file but Staff feels that was an oversight lf not a mistake. He stated Staff believes the application must be reviewed in the future and would like to see an expiration date. Mr. Fox s~oke to the hours of operation and the possibility of additional resldences in the area. Chairman Johnson stated the Board would like to hear only testimony concerning the expiration first. corrmissioner Gates asked if the applicant felt it was an inconvenience to return in six years for review. Mr. Deapointe answered no, and suggested incorporating language the permit be automatically reviewed if all conditions have been followed. Commissioner Phillips stated with the growth in the area, an annual review and the expiration in six years is necessary. She stated the pit area was rural at one time but with growth all things can change. Chairman Johnson a$reed the permit must expire in six years to review the situation at that tlme. He stated he believes six years is not an inconvenience. Fritze Schmidt, representing the applicant, stated the applicant would like to see the expiration be at the end of ten years rather than six years. He stated he has a ten year lease with the owner of the property. Jim Fritze stated the additional territory cannot be under lease as it is not owned at the current time. He questioned when the ten year lease corrmenced. Mr. Deapointe stated the current lease has been in effect for one year. , Mr. Fritze stated he would have to read the lease before giving legal advlce. Corrmissioner Phillips stated if there are property transfers currently being discussed the leases should also be revised. Discussion followed on the proposed expiration date on the permit. Sid Fox reviewed condition number three, hours of operation. He stated there is currently residential pro~erty and is a possibility of additional residences in the area. Staff belleved crushing is the most noise generated from this operation. corrmissioner Gates asked if the applicant had a problem with limiting the hours for crushing only. Mr. Deapointe stated the applicant would like to able to start the day earlier and work longer in the evenings. Corrmissioner Gates asked if the hours of operation could be adjusted on a yearly basis. Mr. Fox stated Staff is trying to be consistent. Mr. Fritze stated hours of operation are set by the Board. 3 Chairman Johnson stated if the Board sets the hours of operation on a yearly basis, the applicant would have to come back before the Board for a review every year. The Board concurred to leave the hours of operation as is in condition number three. corrmissioner Phillips asked if there was currently an asphalt plant at the site. Mr. Deapointe answered yes but is not currently in operation. Chairman Johnson questioned condition number flve. Mr. Fox stated condition number five has been met. Corrmissioner Gates questioned water for washing the gravel. Mr. Deapointe stated irrigation water is being converted to industrial use, which has been approved by the State Water Engineer. Chairman Johnson guestioned maintaining the integrity of the land and impacts on the irrigatlon ditch. Mr. Deapointe stated the inte$rity of the land will be maintained and for practical ~urposes the irrigatlon ditch will not be disturbed. He stated the applicant lS very aware of the school bus schedule. Mr. Fox stated Staff recommended approval with the following conditions: 01) The applicant must submit a copy of their approved State Mine Land Reclamation Permit and reclamation bond prior to extending mining operation into the new area. 02) This permit shall expire upon depletion of the on-site gravel resource or shall be subject to renewal six years from the date of approval by the Board of County Corrmissioners, unless extended by the Board at a Public Hearing after receiving a recommendation from the Planning corrmission. 03) The hours of operation, unless otherwise specified by the Board shall be as follows: crushing operations 7:00 a.m. to 7:00 p.m. asphalt and concrete plant, no time restrictions, however, operation is subject to County review and standards. 04) The height of any temporary light poles shall be no higher than 25 feet, in addition, the light must be shielded and directed downward. 05) The total area of disturbance is limited to 15 acres at one time; a) ten acres of major disturbance (extraction and stockpiling) b) five acres of moderate disturbance (equipment storage, facilities and areas being sloped and graded) c) disturbance beyond this amount is limited to thirty days for operational changes. 06) The mining face shall be reclaimed to a 3.1 slope and native shrub species shall be added to the reclamation seed mix. Corrmissioner Gates moved to approve file number ZS-48-94-A, Lehmann Gravel Pit, incorporating Staff findings and recorrmendations. corrmissioner Phillips seconded the motion. The vote was declared unanimous. 1041-031-95, Bachelor Gulch/Strawberry Park Canpleteness Hearing Ray Merry, Environmental Health Officer, presented file number 1041-031- 95, completeness hearing for upper and Lower Bachelor Gulch/Strawberry Park. He stated Staff recommended the application be found complete and the estimated fees be established at $1,705.00. Commissioner Phillips moved to find the application complete for file number 1041-031-95, upper and Lower Bachelor Gulch/Strawberry Park. The estimated fees shall be set at $1,705.00. Corrmissioner Gates seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned March 6, 1995. Attest: 4