HomeMy WebLinkAboutMinutes 03/14/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 14, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips James Fritze Earlene Roach Chairman Corrmissioner Corrmissioner County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: PD-296-94-F2, Wildhorse Subdivision, Filing 1 PD-296-94-F3, Wildhorse Subdivision, Filing 2 PD-296-94-F4, wildhorse Subdivision, Filing 3 Kathy Eastley, Planning Technician, presented file numbers PD-296-94-F2, PD-296-94-F3 and PD-296-94-F4, wildhorse Subdivision, Filings 1, 2 & 3. She stated this is a request for final plat to create single family lots, golf course and clubhouse and four tracts designated future development of 51 multiple family dwelling units on a total of 85.767 acres. She related this Subdivision is located Southwest of Edwards formally known as the Cottonwood development. Ms. Eastley stated there were preliminary plan conditions which have been met by the applicant. She related all documents have been received. Mary Jo Berenato, Deputy County Attorney, stated the Subdivision Improvements Agreement has been drafted and is ready for signature. She informed the Board collateral has not been received. . The Eagle & Colorado Valley Planning Commission unanimously recommended approval of this application. Staff recorrmended approval if the Subdivision Improvements Agreement is approved by County Attorney. Jim Fritze, County Attorney, stated the Subdivision Improvements Agreement is consistent with direction from the Board of County Corrmissioners. Gerry Engle, Cordillera, stated the issue is with timing and posting of collateral. He stated collateral is to be posted when the plat is signed. He asked the condition of corrmencement of improvements be the date for posting of collateral. He stated the applicant cannot get registered by the State until the plat is signed. He suggested plat notes be used as collateral until commencement of improvement, which will be in approximately six to eight weeks. This allows for no letter of credit to be outstanding and the applicant could move forward with the State registration process. Jim Fritze explained the collateral. He stated there are on-site improvements which are collateralized by plat notes and there is no cash security being supplied. He stated off-site collateral proposed is not fully collateralized. Mr. Fritze stated that amount of dollars it would take to put the road back to its original condition is the institution of the project. Chairman Johnson stated the County is asking for one and a half million dollars for off-site improvements, but is asking for $450,000.00 today. Mr. Fritze stated County Regulations currently provide the no-sale covenant can be used in lieu of cash for on-site improvements. He stated it is the Board's decision for off-site improvement collateralization. Chairman Johnson asked if the County normally requires a letter of credit. Mr. Fritze answered yes. He stated in certain instances, conditional approval has been given and the plat not signed until the letter of credit is received and approved by County Attorney. He related the applicant is asking for approval and signature on the plat with the letter of credit being submitted at a later date. Commissioner Phillips asked if the applicant can obtain a letter of credit before the plat is signed. 1 Mr. Engle stated he does not have a problem with submitting a letter of credit today but the applicant is asking that not be necessary and they be allowed to move onto the State process. Mr. Fritze stated the normal process is to have the SIA at plat signing and a letter of credit submitted. Chairman Johnson asked why the County would suddenly change their policy. Mr. Fritze stated the 1.1 million dollars is not in the form of a plat note. He stated the County will receive a road the same as or better and on- site improvements are collateralized by a plat note. He stated the 1.1 million dollars restricted by plat note means there will be no purchasers until that amount is collateralized. Corrmissioner Gates stated the County is asking for conditional approval upon receiving collateral, and then are changing the policy to indicate the applicant cannot sell a lot until collateral is received. Jim Fritze stated the County is fully covered on on-site improvements and are guaranteed the road will remain the same or be better that its current condition. John Althoff, Engineering Technician, stated the collateral submitted is for the road for current residents. He stated the other 1.1 million dollars is for water and sewer for the proposed development, which is tied to the sale of the lots. Chairman Johnson stated the 1.1 million dollars will go for improvements before the sale of lots. He questioned if work gets started and cannot be finished will the County end up with an incomplete subdivision. Mr. Engle stated improvements pertinent to the sale of the homesites are tied to a plat note. Chairman Johnson stated he had a problem with not being able to review the request in advance. Corrmissioner Gates stated he also needed additional time to review the request. corrmissioner Phillips stated she did not have a problem tabling this issue to allow the Board to review the documents. Mr. Fritze stated once the Board approves this agreement, other developers will also be requesting the same kind of terms granted to this applicant. Lance Badger, representing the applicant, stated Squaw Creek Road was collateralized the same as this proposal. Phil Scott, En$ineering Technician, stated main Squaw Creek Road was done in the conventlonal methods and East Squaw Creek Road was done with a road cut permit with the amount submitted bein$ for reclamation on the lower end but the other improvements were collaterallzed. Mr. Eng Ie stated a lot of work has gone into making sure homeowners are protected. He discussed improvements made by Cordillera for Colorow Subdivision, in which Cordillera was not reimbursed for those costs. Discussion followed on the proposal presented and the frustration of the applicant in providing collateral. Corrmissioner Gates moved to table file numbers PD-296-94-F2, PD-296-94- F3, and PD-296-94-F4, Wildhorse Subdivision. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Kat~y Eastley presented a correction plat file number'PD-293-95-AF1, Alcazar Vlllas, Phases I & II. She stated this plat is to correct note #11 on the Amended Final Plat of Alcazar Villas as heard by the Board on October 18, 1994. Corrmissioner Phillips moved to approve file number PD-293-95-AF1, Alcazar Villas, Phases I & II. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Kathy Eastley presented Resolution 95-28, file number ZS-48-94-A, Lehman Gravel pit. Corrmissioner Gates moved to approve Resolution 95-28, file number ZS-48- 94-A, Lehman Gravel pit. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Corrmissioner Phillips seconded the motion. The vote was declared unanimous. ZC-263-94, Ute Springs Ranch Sid Fox, Planning Manager, presented file number ZC-263-94, Ute Springs Ranch. He requested this matter be tabled to March 28, 1995. corrmissioner Gates moved to table file number ZC-263-94, Ute Spring Ranch to March 28, 1995, as recorrmended by Staff. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. SM-942-94, Ute Springs Ranch Sid Fox presented file number SM-942-94, Ute Springs Ranch. He requested this matter be tabled to March 28, 1995. corrmissioner Phillips moved to table file number SM-942-94, Ute Springs Ranch to March 28, 1995. Corrmissioner Gates seconded the motion. The vote was declared unanimous. SD-007095, Horse MOuntain Metro Dist. Keith Montag, Community Development Director, presented file number SD- 007-95, Horse Mountain Ranch Metropolitan District. He stated the Board needs to establish a hearing date to hear the proposal of the district. Mr. Montag suggested the hearing be set for April 4, 1995 at 9:00 a.m. He related the Planning Commission has recommended approval of the service plan. Mr. Fritze stated the developer is requesting a decision by the Board so that they may meet election dates. Mr. Montag stated this application is being discussed with the applicant and there are a number of issues not resolved at this time. Commissioner Phillips moved to set a hearing date for April 4, 1995 at 9:00 a.m. for the Horse Mountain Ranch Metropolitan District. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Colorado Department of Transportation Paul Clarkson, Planner, presented the next item on the agenda, the Colorado Department of Transportation Business Sign Application for Wendy's at Vail. He stated this is a request for the Board's si$ilature on the Colorado Department of Transportation Business Sign Appllcation. He stated this request is allowed by the Colorado Department of Transportation but must be signed by the local authority. Mr. Clarkson submitted information on previous applications of this nature before the Board. He stated the issues surround the fact the County Sign Code does not allow signs not located on the proposed property. Mr. Clarkson stated the Vail Town Council does not support this application. Jim Fritze stated these signs are authorized by the Colorado Revised Statutes, however, the signs shall be required to comply with all local regulations. He read from the Statutes for the Board. He stated the Department of Transportation provides no application shall be accepted until local approval is obtained. Gene Murdian, representin$ Wendy's, stated approval must come from the governing body where the sign lS to be constructed. He stated this sign is out of the Town of Vail's jurisdiction. He stated he supports Vail's decisions for signs within the city limits. He requested the Town of Vail not impede the County's decision concerning this matter. Mr. Murdian discussed current signs in the proposed area. He stated they are losing approximately 40%' of the business due to lack of signage. He stated Wendy's has taken the lead in supporting community events and needs. He suggested the simple solution is for signage as provided by the Colorado Department of Transportation. He related without those signs, performance is only 3 duplicated from previous years. He asked the Board look at the application on its merits, Wendy's long standing support of the community and sign the application. Chairman Johnson requested the Board look at the current application. He stated there is one change on the current application, concerning the visibility of the sign from both exit ramps. Mr. Murdian stated if you are looking for that type of sign it is only slightly visible from the East Bound side. Randy Stouder, stated there is a sign which indicates food, lodging and gas is available at the West Vail exit, but does point travelers to the right. He stated the Town Council did not allow off-site commercial advertising. He stated the impacts are not just this sign and there is a potential for thirty-six signs. He related the Town of Vail does not support this application. He stated the Town of Vail is currently working with the applicant to maybe change the current signage on the property. Chairman Johnson asked when the Town of Vail will be submitting their comprehensive study to the Colorado Department of Transportation. Mr. Stouder stated he is recorrmending only the si~s at the bottom of the exits be changed at this time. He reviewed possibllities the Town of Vail is currently looking into for signage. Chairman Johnson asked how many restaurants in Vail would fit the requirements. Mr. Stouder stated Jack-a-Lope, McDonalds, Taco Bell and Dairy Queen. Mr. Murdian stated Taco Bell would not meet the criteria for the Colorado Department of Transportation. He explained the requirements for the signs. Chairman Johnson related if the Board approves this sign it would open up the possibility for additional si$ilage within the Town of Vail. He stated in order for the Board to approve thlS application, they would be going against the County Sign Code. Mr. Fritze stated it is a matter of interpretation but there are exemptions for those type signs. He stated the Board has two alternatives, interpretating the County Code or amending the sign code. He stated the third item, the Board must adopt a Resolution allowing these type signs. He explained the process for placement of various signs. Mr. Clarkson stated the Department of Transportation has related each logo application would be referred to the local authority. Mr. Murdian pointed out the necessity for these type signs. Chairman Johnson stated the only assumptions being made is for certain establishments but there are signs indicating food, gas and beverage at certain exits. Corrmissioner Phillips stated she appreciates those type signs while travelin$, however she respects the recorrmendation from the Town of Vail. Chalrman Johnson stated he believes it would be a stretch for the Board to try and a~prove this sign application within the exemption process. Corrmissloner Gates moved to deny the business sign application for Wendy's at Vail. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Fritze stated in the absence of a Resolution, he believes the Board has no choice but to deny the application. SE-310-94, Serafin Exemption Plat Paul Clarkson presented file number SE-310-94, Serafin Exemption Plat. He stated this was a request to exempt a 2.2 acre single family parcel from Subdivision Regulations. He stated the applicant purchased the property in January 1972. Staff recorrmended approval and related there is an existlng source of water and an existing sewage disposal system. He related there is legal and de~endable access to the property. Corrmissloner Gates moved to approve flle number SE-310-94, Serafin Exemption Plat. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 SE-311-94,Taylor Exemption Plat Paul Clarkson presented file number SE-311-94, Taylor Exemption Plat. He stated this was a request to exempt a 4.4 acre single family parcel from Subdivision Regulations. He stated this property is located on Ruedi Road and was created in May 1971. Staff recorrmended approval. He stated there is recent survey of the parcel. Mr. Clarkson stated there is adequate water, sewer and access. Commissioner Philli~s moved to approve file number SE-311-94, Taylor Exemption Plat. The Chalrman shall be authorized to sign the plat. Corrmissioner Gates seconded the motion. The vote was declared unanimous. PD-68-94-AF2, Eagle-Vail Paul Clarkson presented file number PD-68-94-AF2, Eagle-Vail, Lot 38, Block 1, Filing 1. He stated this was a request to amend a final plat vacating a portion of the Stone Creek easement to allow for an existing structure. He stated a portion of the structure was built in the right-of- way. Mr. Clarkson stated a concern is the Stone Creek easement has been realigned to accorrmodate the new structure. He stated the mortgage company is requesting an ILS in order to sell the property. Mr. Clarkson stated the applicant reconstructed the floodway. He related revegetation still needs to be completed. Staff recommended approval. Mr. Fritze asked who was to maintain the culverts. Mr. Clarkson stated the owner of lot 38 will maintain the culverts. Commissioner Gates moved to approve file number PD-68-94, Eagle-Vail, Lot 38, Block 1, Filing 1. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Bellyache Ridge Road Vacation Paul Clarkson stated the next item on the agenda was vacation of a public right-of-way commonly referred to as Bellyache Ridge Road and associated quit claim deed and conveyance of easement. Mr. Clarkson stated these are thirty-five acre parcels, conveyed several years ago through a bankruptcy proceeding. He related in 1990 improvements were made to Bellyache Ridge Road, thus bringing the parcels of land to under 35 acres. He informed the Board a domestic well permit was denied to the applicant by the State. County Engineering has suggested enough property be vacated back to the property owner to bring the parcels back up to thirty-five acres. Mr. Fritze stated it was important for those documents to be recorded in the order presented, i.e. resolution, quit-claim deed and conveyance. corrmissioner Gates moved to approve the vacation of right-of-way. The Board shall sign said documents. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve the quit-claim deed conveying the right-of-way. Corrmissioner Gates seconded the motion. The vote was declared unanimous. corrmissioner Gates moved to accept the conveyance of easement as discussed. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. the Board the Attest: