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HomeMy WebLinkAboutMinutes 03/28/95
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
MARCH 28, 1995
Present: James Johnson, Jr.
George "Bud" Gates
Johnnette Phillips
James R. 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 Corrmissioners for their consideration:
Abatements
Allen Black, Eagle County Assessor, presented a petition for abatement,
schedule number 026665, Southwells and Bermen's. The Assessor's Office
recommended a full abatement in the amount of $3,208.57.
corrmissioner Gates moved to approve the abatement for the Southwells and
Bermen's, schedule number 026665, in the amount of $3,208.57.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Allen Black presented a petition for abatement schedule number 013215,
Birgit, Peter and Annemarie Lampe. The Assessor's Office recommended a
partial abatement of $1,772.13.
corrmissioner Phillips moved to approve a partial abatement, schedule
number 013215 in the amount of $1,772.13.
Corrmissioner Gates seconded the motion. The vote was declared
unanimous.
Allen Black presented a petition for abatement schedule number R013660,
Susan Bristol. He stated the form was filled out in error. The Assessor's
Office recommended an abatement in the amount of $285.68.
Commissioner Phillips moved to approve a partial abatement in the amount
of $285.68, schedule number R013660 Susan Bristol.
Corrmissioner Gates seconded the motion. The vote was declared
unanimous.
Allen Black presented a petition for abatement schedule number 0019181,
The Hedly Company. The Assessor's Office recorrmends an abatement in the
amount of $11,075.25.
Kevin Lindahl, representing the petitioner, stated they have no
disagreement with the recorrmendation of the Assessor.
Commissioner Gates moved to approve the petition for abatement schedule
number 0019181, Hedly Company, for 1992 $5,469.92 and 1993 $5,605.33, for a
total abatement of $11,075.25.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Allen Black presented a petition for abatement schedule number 018601,
James Wheelock. The Assessor's Office recorrmends an abatement of $2,235.65.
Kevin Lindahl stated the applicant is in agreement with the Assessor.
Corrmissioner Phillips moved to approve an abatement schedule number
018061, James Wheelock, of $1,065.00 for 1992 and $1,170.65 for 1993, for a
total of $2,235.65.
corrmissioner Gates seconded the motion. The vote was declared
unanimous.
Allen Black presented a petition for abatement, schedule number POll167,
Andre M. willner. The Assessor's Office recorrmended an abatement of $78.31
for 1992, and $90.06 for 1993. He stated the amount of -0- would be the
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abatement for 1991.
corrmissioner Phillips moved to approve an abatement for schedule number
POll167, of $78.31 for 1992 and $90.06 for 1993. The abatement for 1991
shall be denied.
Corrmissioner Gates seconded the motion. The vote was declared
unanimous.
Allen Black stated a letter has been received from Mid Valley
Development Company requesting this abatement be tabled, schedule number
0033938.
Commissioner Phillips moved to table schedule number 0033938 for not
less than two weeks.
corrmissioner Gates seconded the motion. The vote was declared
unanimous.
Allen Black presented a petition for abatement schedule number 008606,
Dean Taylor. He stated the applicant and Staff are currently considering new
information just received and will return shortly.
Corrmissloner Gates moved to table this abatement until later in the day.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Allen Black presented a petition for abatement for Dean Taylor. He
stated this condominium was assessed one bathroom too many, a staircase was
assessed and the view was in question. He stated the Assessor's Office is
recorrmending an abatement in the amount of $639.04 for 1992. He stated no
other condominium was discounted for view and no other taxpayer can now file
an abatement for consideration on the view.
Dean Taylor, petitioner, stated the assessment was adjusted in 1993
concerning the amenities and the view. He stated there is still the matter
of the condition of the unit in 1992. He related there was erroneous data on
the square footage and the number of bathrooms. He stated there was also
another sale at a lower price in 1989 than what he is requesting. He stated
that sale was for unit D1.
Mr. Black stated in terms of the condition, it is extremely difficult to
appraise the unit as Staff never seen the unit in the proposed condition
described by Mr. Taylor. He stated the sale in 1989 was ungualified.
Chairman Johnson asked what the petitioner was requestlng without
including the view.
Mr. Taylor stated he was basing his request on all items during the 1992
period. He stated the condition of the unit was very different than unit A1
during that period of time.
Jim Fritze, County Attorney, stated the Board must make a decision on
the abatement only on evidence presented at the hearing.
Mr. Black clarified the amenities, and related all units are the same
and share the same amenities.
Mr. Taylor stated unit A1 has a larger balcony and more windows for a
better view.
Ruth Bergland, appraiser stated the process was different in 1992 than
it is in 1993.
corrmissioner Gates questioned the differences in the process.
Discussion continued on the petition for abatement.
Corrmissioner Gates moved to accept the Assessor's recommendation for a
partial abatement in the amount of $639.04.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Plat & Resolution Signing
Kathy Eastley, PI arming Technician, stated the next item was Resolution
95-32, file number ZS-355-94, Special Use Permit for Federal Express Facility
at the Eagle-Vail Corrmercial Service Center. She stated this matter was
heard by the Board on December 20, 1994. Staff recorrmended this matter be
tabled.
Mr. Fritze stated there has been an request to reconsider this matter.
He stated there is a meeting scheduled between Staff and the applicant in
which the applicant wishes to provide information to rehear this matter.
The Board questioned when the meeting would take place and why this
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
matter has been on-going for several months.
Mr. Fritze stated the applicant has requested a new hearing on the
application.
corrmissioner Gates moved to approve Resolution 95-32, denying the
Special Use Permit for Federal Express.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Beaver Creek, Filing 5
Kathy Eastley presented file number BE-65-95, Beaver Creek 1st Amendment
to the 5th Filing, Lot 10, Block 5, Tract H. She stated this was a request
to amend the building envelope. She informed the Board all adj acent property
owners and the Beaver Creek Design Review Board have approved of the change.
Commissioner Phillips moved to approve file number BE-65-95, Beaver
Creek 1st Amendment to the 5th Filing, Lot 10, Block 5, Tract H,
incorporatin$ Staff findings and recommendations.
Corrmissloner Gates seconded the motion. The vote was declared
unanimous.
Ute Springs Ranch
Sid Fox, Planning Manager, presented file number ZC-263-94, Ute Springs
Ranch. He stated this was a request for a zone change from Resource to
Agricultural Residential. He stated this property is located South of the
Eagle County Airport and is a thirty-five acre parcel. Mr. Fox stated the
Town of Gypsum has related they do not object to the proposal and Holy Cross
Electric have indicated they can provide service to the site. He stated
wildlife mitigation is recorrmended for the site. Staff and the Planning
Corrmission recorrmended approval of the pro~osal.
Terrill Knight, representing the appllcant, pointed out on a plat the
location of the property. He spoke to the alignment of the runways at the
Airport in relation to the property. He requested the Board approve the
application for zone change.
Commissioner Gates questioned the water rights.
Gerry Best, applicant, stated all water rights have been appropriated by
all property owners. He stated a spring and a well are both being used
currently.
Commissioner Phillips questioned noise from the Airport being a problem.
Mr. Kni$ht stated an aviation easement will be provided to the County.
Commissloner Gates moved to approve file number ZC-263-94, Ute Springs
Ranch, incorporating Staff findings and recommendations.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Ute Springs Ranch
Sid Fox presented file number SM-942-94, Ute Springs Ranch. He stated
this was a request for a Minor Type A Subdivision. Staff requested this
matter be tabled as the plat is not ready for signature.
commissioner Phillips moved to table file number SM-942-94, Ute Springs
Ranch Subdivision, at the applicants request.
Corrmissioner Gates seconded the motion. The vote was declared
unanimous.
1041-030-95, Homestead, Filing 2
Sid Fox presented file number 1041-030-95, Homestead, Filing 2, Block 2
Lots 13 through 16. He stated this was a request to extend wastewater
collection lines service to the Homestead, Filing 2. He stated a 1041 Permit
was ap~roved for water supply in 1984, which did not include the sewer line
extenslons. Staff recorrmended approval with conditions.
Lyrm Shore, Alpine Engineering, explained the project to the Board. She
pointed out on a plat the location of the property. She stated the sketch
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plan was approved in 1980 and the preliminary ~lan was ap~roved in 1981. Ms.
Shore stated the system design is consistent wlth Sanitatlon District
designs. Waste water will be transported by the existing lines and the
collection system will be built in one phase. She spoke of other possible
systems and a ~ackage treatment plan. She stated costs for the treatment
package were hlgh.
Chairman Johnson mentioned the suggestions from the Division of Wildlife
concerning bear proof trash cans.
Mr. Fox stated recommendations from the Division of wildlife are handled
in Staff recommendations.
Corrmissioner Phillips moved to approve file number 1041-030-95,
Homestead, Filing 2, incorporating Staff recommendations and findings as
follows:
01) All construction activities located within elk winter
concentration area or severe winter range shall be initiated after March 15
and end prior to December 15 of each construction year.
02) All construction staging areas shall be designed to contain
incidental and accidental fuel and lubricant spills.
Corrmissioner Gates seconded the motion. The vote was declared
unanimous.
PD-141-95-A2, Hanestead PUD Amendment
Kathy Eastley presented file number PD-141-95-A2, Homestead PUD
Amendment. She stated this was a request to allow for recreational vehicle
storage on a site located in the Homestead Filing 2. She discussed prior
hearings for the Board. She stated this will be an outdoor storage area.
There will be no buildings built at this time. Ms. Eastley stated the
covenants dictate all recreational vehicles must be kept in a building.
Staff recommended denial due to compatibility, access, traffic and
visibility. Staff has sug$ested the applicant find a more appropriate site
or the Homeowners Associatlon amend the POD Guidelines.
Bob Warner, applicant, stated he disagrees with the nature of the
facility. He stated he believes the site does make sense and related he owns
all the surrounding property to this site. He stated the biggest problem the
Homestead has is recreational vehicles. He pointed out on a plat the
location of the site and the visibility of the proposed site. He presented
photographs taken from different locatlons. Mr. Warner spoke to the type
vehicles which will be stored ont he site. He believes it would be good for
the neighborhood.
corrmissioner Phillips asked if there were corrments from adjacent
property owners.
Ms. Eastley stated corrments and concerns were received from Homestead
Homeowners and related Berry Creek homeowners were not notified. She stated
during an on-site inspection only three snowmobiles were found. Ms. Eastley
stated the Planning Commission heard this matter and recommended denial.
Discussion continued on the proposed POD Amendment.
Mr. Warner discussed access, traffic and maintenance and operation of
the site.
Chairman Johnson questioned access to the site by emergency vehicles.
Dave Sloan, resident in Homestead, stated concerns of the Board of
Directors of the Homestead have been answered and the Board of Directors have
rescinded their earlier letter opposing this application.
Mr. Sloan spoke to concerns of traffic and stated he does not believe
this application will create additional traffic.
Ms. Eastley informed the Board the lots are not built nor platted. She
stated Staff has not seen the items presented by the applicant today.
Bob Loeffler, Ass' t. County Attorney, mentloned an amendment to the POD
Control Document. He stated the POD Control Guide is a key to this proposed
POD Amendment.
Ms. Eastley stated this application is to determine the use of the site.
Chairman Johnson stated the applicant is requesting an amendment for
property not under a POD Control Document.
Kevin Lindahl stated the preliminary plan contemplated the uses for the
pro~erty which the a~plicant believed to contain this storage site, but Staff
belleves a storage slte was not included.
Mr. Loeffler asked if this application was approved, does the applicant
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
believe the property would then be zoned to allow a storage site.
Mr. Lindahl stated the applicant is requesting the Board amend the
zoning to allow for a storage site.
Discussion followed on the proposed application.
corrmissioner Gates moved to deny file number PD-141-95-A2, Homestead POD
Amendment, incorporating Staff findings and recommendations.
Corrmissioner Phillips seconded the motion.
In discussion, commissioner Phillips stated the homeowners have approved
of this proposed storage area. She stated there is a need for this type
storage. She stated she believes this application should be approved.
Chairman Johnson called for the question on the motion. corrmissioners
Gates and Johnson voting aye, Commissioner Phillips voting no.
Contract, A & 0 Code Consultants
Mike Wheelersburg, Chief Building Official, presented a contract with A
& 0 Code Consultants for corrmercial plan reviews. He stated due to Staffing
commercial plans are sometimes delayed for long periods and this company will
assist in reviewing those plans.
Bob Loeffler stated there is an error in the term of the contract.
Corrmissioner Phillips questioned the Building Department being
understaffed.
Jack Lewis, County Manager, asked if this contract replaces the company
ln Colorado Springs who have performed these reviews in the past.
Mr. Wheelersburg answered yes, and stated there is a not to exceed claus
of $25,000.00.
corrmissioner Phillips moved to approve the contract between Eagle County
and A & 0 Code Consultants, including the change in section 2, regarding the
date.
Corrmissioner Gates seconded the motion. The vote was declared
unanimous.
Contract, Landplan Design Group
Keith Montag, Community Development Director, presented a contract
between Ea$le County and the Landplan Design Group for developing a
comprehenslve master plan for the Mount Sopris Tree Farm. He reviewed time
frames for the Board. The amount of the contract is $47,655.00. The plan
will include cost estimates to convert the buildings. He stated Eagle County
is taking the lead in this contract. pitkin County will be involved in the
plarming process, but there will be no monetary contribution.
Mr. Lewis stated that Eagle County will benefit the most of the
participants.
Commissioner Johnson questioned the fees and expenses included in the
contract but not including professional fees.
Mr. Montag stated the contract will not exceed $47,655.00 and expenses
are figured into the fee. He added the money has been budgeted for.
Mr. Loeffler advised Staff to amend the contract and exhibits to ensure
the maximum contract and clarify the contract amount.
Corrmissioner Gates moved to approve the contract between Eagle County
and Landplan Design Group after amendments have been completed, for
developin$ a comprehensive master plan for the Mount Sopris Tree Farm.
COrrmlssioner Phillips seconded the motion. The vote was declared
unanimous.
corrmissioner
Corrmissioner
unanimous.
3, 1995.
Attest:
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