No preview available
HomeMy WebLinkAboutMinutes 04/18/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING APRIL 18, 1995 Present: James Johnson, Jr. Johnnette Phillips James R. Fritze Sara J. Fisher Chairman Commissioner County Attorney Clerk to the Board Absent: George "Bud" Gates commissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Plat & Resolution Signing Kathy Eastley, Planning Technician, presented the following Plats to be signed: SM-963-95 Berry Creek Ranch, Filing 2, Lot 19, Block 5. This is a Minor Type "B" Plat, a resubdivision of Lot 19 to create Lots 19N and 19S. This plat does contain a duplex split caveat. commissioner Phillips moved to approve file number SM-963-95, Berry Creek Ranch. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. SM-964-95 Berry Creek Ranch, Filing 2, Type "B" Plat, a resubdivision of Lot 28 to plat does contain the duplex split caveat. Commissioner Phillips moved to approve Creek Ranch. Chairman Johnson seconded the motion. the vote was declared unanimous. Lot 28, Block 4. This is a Minor create Lots 28A and 28B. This file number SM-964-95, Berry Of the two voting commissioners SM-966-95 Arrowhead at Vail, Filing 21, Lot 3. This is a Minor Type "B" Plat, a resubdivision of Lot 3 to create Lots 3A and 3B. This plat does contain the duplex s~lit caveat. Commissioner Phlllips moved to approve file number SM-966-95, Arrowhead at Vail. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. SM-967-95 Berry Creek Ranch, Filing 4, Type "B" Plat, a resubdivision of Lot 46 to plat does contain the duplex split caveat. Commissioner Phillips moved to approve Creek Ranch. Chai:rman Johnson seconded the motion. the vote was declared unanimous. Lot 46, Block 3. This is a Minor create lot 46A and 46B. This file number SM-967-95, Berry Of the two voting commissioners SM-968-95 Casitas at Las Vistas. This is a Minor Type "B" Plat, a Condominium Map to define the air space of six (6) dwellin~ units as well as the Limited and Common General Element. She stated there lS a note on the plat which states that the Zone District Requirements are being met with regards to the property's Primary Lot Lines. Commissioner Phillips moved to approve file number SM-968-95, Casitas at Las Vistas. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 1 Kathy Eastley presented the following Resolutions to be signed: Resolution 95-40 PD-141-94-A2 Amendment to the Homestead Planned Unit Development. This is a resolution approving the Denial of the a~plication for Recreational Vehicle Storage are in the Homestead PUD. ThlS file was presented to the Board of County Commissioners on March 28, 1995. commissioner Phillips moved to approve Resolution 95-40, denial of file number PD-141-94-A2, Homestead PUD Amendment. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Resolution 95-41 1041-030-95 Permit for the Homestead Filing 2. This is a resolution a~proving the extension of ~he upper Eagle Valley Consolidated.S~itation . Dlstrict Wastewater Collectlon System to serve the Homestead Flllng 2. ThlS file was heard before the Board of County Commissioners on March 28, 1995. Commissioner Phillips moved to approve Resolution 95-42, approving the extension of the wastewater collection system for upper Eagle Valley Consolidated Sanitation District. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 95-42 ZC-263-94 Zone District Amendment for Gerald and Vera Best. This is a resolution approving the zone change from Resource to Agricultural Residential for a parcel of land south of the Airport on Spring Creek Road. This file was heard by the Board of County Commissioners on March 14, 1995. Commissioner Phillips moved to approve Resolution 95-42, approving a zone district amendment for Gerald & Vera Best. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Kathy Eastley presented file number PD-313-94, an amendment of El Jebel Texaco Planned Unlt Development. She stated this was the PUD Guide and zoning document for the El Jebel Texaco PUD. Commissioner Phillips moved to approve the amendment to the El Jebel Texaco PUD. Chairman Johnson seconded the motion for discussion. In discussion, Jim Fritze, County Attorney, stated in reviewing this document he found it to be a bare bones amendment. Chairman Johnson recommended this item be tabled until next week to allow a complete presentation be made to the Board. Commissioner Phillips rescinded her previous motion. Chairman Johnson rescinded his second. commissioner Phillips moved to table the amendment for El Jebel Texaco PUD to next week. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. SE-313-95, Henderson/Snyder Exemption Kathy Eastley presented file number SE-313-95, Henderson/Snyder Exemption. She stated pursuant to Section 2.15.03(2) (d) of the Eagle County Land Use Regulations, Exemptions upon Approval of the County, Staff finds that adequate legal and physical access exists, and adequate legal, p~ysic~l and dependable water supply is available, a lawful means of dlsposlng of human waste has or can be constructed and that the site contains a safe and adequate building site. Staff finds the applicant is in conformance with Eagle County Land Use Regulations and recommended approval. Commissioner Phillips moved to approve file number SE-313-95 Henderson/Snyder Exemption. ' Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 1041-032-95, upper Eagle Water Authority Ray Merry, Environmental Health Officer, presented file number 1041-032- 95, completeness hearing for upper Eagle Regional Water Authority, water treatment plant expansion. Chairman Johnson asked if it was possible to request a water conservation plan from the applicant. Mr. Merry answered it certainly is an acceptable request. He discussed the conservation plan process. Commissioner Phillips moved to approve file number 1041-032-95, upper Eagle Water Authority. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 95-43 Ray Merry presented Resolution 95-43 declaring the week of April 17 - 23, 1995 as Earth Awareness Week. Mr. Merry explained the program and related a poster contest for 4th graders will be taking place in the weeks to come. Chairman Johnson read the Resolution for the record. Commissioner Phillips moved to approve Resolution 95-43 declaring April 17 - 23, 1995 as Earth Awareness Week. Commissioner Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. vail MOuntain, Lift Station Ray Merry presented the next item on the agenda, State site approval for a lift station on Vail Mountain. Mr. Merry explained this is a lengthy process and that if the application were an ideal situation it would be presented together with a 1041. He stated the evaluation and specifics of this project will be presented with a special use application which is scheduled to be heard next month. Chairman Johnson questioned the recommendation of Staff. Mr. Merry stated Staff believes this application should be approved. Commissioner Phillips stated her impression after touring the facility is this seems to be the most adequate way to deal with all concerns. Mr. Merry stated he believes this is a quality project. Commissioner Phillips moved to ap~rove the site for a lift station on vail Mountain, pending results of appllcations currently under review. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-349-94, Rancho Del Rio Paul Clarkson, Planner, presented file number ZS-349-94, Rancho Del Rio. He stated this was an application for a special use permit to allow five additional cabins and six to eight RV sites. He introduced Jeff Gibson, applicant. Mr. Clarkson presented a video of the property in concern and explained the history. He stated in 1993 it was dete:rmined that construction had taken place without building permits and the trailer had been moved. Zoning violations were apparent. He related this application is an intent to rectify those violations. Staff finds that the augmentation plan is inadequate and a commercial well needs to be addressed. Mr. Clarkson related the applicant is attempting to rectify both those problems and it is apparent he is trying to do everYthing possible to comply with the requirements imposed. He related technically and legally he does not have the water to adequately occupy the cabins. He related Ray Merry has closely reviewed the concerns as has the Road and Bridge Department which have improved the access to the site. The convenience store also has preexisting non-confo:rming concerns. Staff recommends approval with the following conditions: 1.) A new court approved augmentation and a properly executed 3 commercial well permit pursuant to that plan must be in place by the end of September, 1995. The new cabins will be unavailable for their lntended use until a commercial well permit has been issued. 2.) Continued review and approval by the Environmental Health Division of the proposed ISDS expansions. 3.) The convenience store should not be expanded beyond its current use and should be for the exclusive use of the users of the Rancho del Rio facility. At the public meeting of AprilS, 1995, the Eagle and Colorado Valley Planning Commission unanimously recommended approval incorporating staff findings and condition numbers 1 & 2. Chairman Johnson questioned what happens if the well was not corrpleted by the due date. Mr. Clarkson presented a memo from the applicant guaranteeing completion in a timely manner. Chairman Johnson questioned the restriction of use of the convenience store and who would be or would not be allowed to use the store. Jeff Gibson stated he has all of the ISDS information ready for the Environmental Health Office. He admitted the water has been a mess but they are workin~ diligently to bring it into conformance. He related he now has contacts wlth the state department which will help him with the augmentation plan. Mr. Gibson stated if the augmentation plan is not approved by the deadline he will agree with the storage concept until the plan can be approved. Chairman Johnson questioned this application coming in for a special use rather than a PUD. Mr. Clarkson reflected in hindsight perhaps a PUD would have been a better process. He believes this will ultimately give the same product. Jim Fritze questioned food service. Mr. Gibson spoke about KK' s Barbecue and related they are trying to get the proper permits to allow the barbecue at Rancho Del Rio. Commissioner Phillips asked if KK's Barbecue was licensed at Wolcott. Ray Merry res~nded yes she was previously licensed and is working on a new plan at this tlme. Jim Fritze asked if that application would be part of the existing resort plan. Mr. Merry indicated that service was previously provided from that location. Discussion followed on zoning and the PUD process. Jim Fritze indicated that staff, the applicant and KK's Barbecue must further discuss options available. Pam Boyd, Eagle Valley Enterprize, questioned the statement of a summertime lunch stand listed in the description. Jim Fritze stated a restaurant in a resort zone would not be approved. Commissioner Philli~s moved to approve file ZS-349-94, Rancho Del Rio, incorporating Staff condltions 1 & 2. The cabins shall only be used for storage until a well permit is approved and implemented. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. T-25-95, Schwaller Residence Bruce Campbell, Code Enforcement Officer, presented file number T-25-95, Schwaller Residence. He stated this application was for a teITlJ?orary housing permit for an existing mobile home while a single family home lS belng constructed. He stated the applicant believes the time needed for completion is approximately six months. Staff recommended a~proval. Commissioner Phillips questioned if the appllcant was aware they would have to remove the trailer prior to the issuance of a certificate of occupaney. Mr. CaITlJ?bell stated the applicant is well aware of that. . Commis~loner Phillips moved to approve file number T-25-95, Schwaller Reslc;ler:ce, lncorp<?rating Staff recommendatior:s and ,?onditions, includin~ the condltlon the moblle home must be removed prlor to lssuance of a certiflcate of occupaney. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Work Session The Board of County Commissioners continued with a Work Session on Determination of Level of Service Standards. Keith Montag, Director of Community Development, informed the Board of the department's desire to improve the land use regulations. He stated they are currently identifying those items in the process as follows: 01) a county major road network, which will need standards determined. A. T. Stoddard, Traffic Consultant, was present to explain different levels of service. A. T. Stoddard spoke to the level of service referring to the Highway Capacity Manual. He discussed the needs of Eagle County and the conformation to the manual. He explained definitions as follows: Level A: the best operative road with few delays Level E: the level were the road is operating but in maximum traffic patterns the travel comes to a halt Mr. Stoddard explained in Eagle County there are both rural and resort issues that may lead to establishing different requirements. Implications refer to congestion and delay, infrastructure, and alternative transportation issues. If the level is set too high for a County, there may be difficulties is maintaining the conditions in all areas at all times. The County holds the responsibility to maintain road improvements to meet levels deflned. with a higher level of service, there are fewer people shifting to alternative transportation. Recommendations presented by Mr. Stoddard included Level of Service C for the County Roadway System. He believes that Level B is too stringent and will require maintenance that outweighs the performance. Chairman Johnson asked what was the current level of service for County roads. Mr. Stoddard indicated most of the county roads outside of the resort areas are now at a level A to B. He stated during peak ski season he believes those levels drop. Keith Montag pointed out much of this discussion is a matter of perception. He stated in looking at particular locations, perception must be taken into consideration. Chairman Johnson questioned if a higher level is enforced, the infrastructure costs would be born by the County or the developer. He asked about an impact fee that would specifically meet that criteria. Chai:rman Johnson discussed lowering the standards and the impact it will have on the residents and guests. He questioned how the lower standards would compare with current service standards. Commissioner Phillips stated she believes the Board must look at the road standards in a POsi ti ve vain and not lower those standards below a level C. Mr. Stoddard explained the next task is to further delineate which roads are included in this study and evaluate those particular roads. Chairman Johnson stated he believes the level of service dete:rmined must be maintainable. Brad Higgins, Ass't. Road & Bridge Supervisor, questioned the signalized intersections over which the county has no control. Mr. Stoddard responded during peak hours those intersections are functioning at a level of service A. Keith Montag spoke to expectations within Eagle County which is not to experience an urban level of service. Phil Scott, Engineerin~ Technician, mentioned the five year plan. Don Fessler, Road & Brldge Supervisor, questioned the state's level of service at intersections. Discussion continued on the level of service to County Roads. Keith Montag indicated there is more information to be presented once the evaluation is completed and informed the Board they would like to return at a later time with that info:rmation for the Board's consideration. 5 ZS-361-94, Lazy RanCh Paul Clarkson presented file number ZS-361-94, The Lazy Ranch. He stated this was a request for a guest ranch, outfitter, studio for arts and crafts and recreational facility. Mr. Clarkson presented a video tape of the location. Mr. Clarkson indicated the Calhoun's are trying to bring their operation into compliance and the only issue is a recently installed upgraded septic system. Staff recommended approval and complemented the applicant on his proposal. Buddy Calhoun, owner of The Lazy Ranch, indicated the horse raising operation is what now allows them to earn a living on the property. He stated the desire for the Bed and Breakfast is to allow visitors to experience the western flair of the area. He related they are considering having a few more cabins in the future but propose to keep the ranch quiet and maintain the open, rural character of the neighborhood. Commissioner Phillips questioned if there were comments from Lake Creek residents. Mr. Calhoun mentioned one concerned individual who was concerned with private parties with live music. He related he assured the resident they would certainly restrict parties as such to daylight hours. Chairman Johnson guestioned whether or not a condition regarding the live music being restrlcted to no later than 10:00 p.m. Commissioner Phillips moved to approve file number ZS-361-94, The Lazy Ranch with the condition there will be no amplified music after 10:00 p.m. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. ZS-343-95, Rifle/Avon Gas Pipeline Pattie Haefeli, Planning Technician, presented file number ZS-343-95, Rifle/Avon Gas Pipeline. She stated this was an application of request to construct, operate and maintain a 12 inch pipeline between Eagle and Avon. Staff is recommended approval with the following conditions: 1.) The applicant shall construct and operate the pipeline in accordance with all applicable County, State and Federal Regulations and pe:rmits. 2.) The seed and mulch used in revegetation shall be certified weed free. The procedures mentioned in the Revegetation Plan be followed with the exce~tion that the revegetation be site specific and depend on climatic condltions. 3.) The staging area shall be located in Dotsero and will be assigned to contain incidental and accidental fuel and lubricant spills. 4.) Prior to final approval of the resolution by the Board, the applicant shall provide acceptable collateral for revegetation of private lands. Chairman Johnson asked about the dates of the revegetation plan. Paul Gator, applicant, stated the .Army Corps of Engineers primary concern was the trout spawning areas and periods. He stated they have worked with Division of wildlife and received their approval. Discussion followed on elk calving areas. At their meeting on AprilS, 1995, the Eagle and Colorado Valley Planning Commission recommended denial of this application with a vote of 3 for and 2 abstaining. Jim Fritze, County Attorney, brought to the Board's attention this hearing is to review the findings of the Planning Commission and dete:rmine whether to overrule the findings or not. He stated if the Board of County Commissioners chooses to do so, the public utilities commission can overrule the findings of the Board. Kevin Lindahl, representing Rocky Mountain Natural Gas, explained this is a j oint venture between Rocky Mountain Natural Gas and Public Service. He referred to two files which were presented last year for special use pe:rmits. Mr. Lindahl expressed the real need for this project has been driven by the growth in Eagle County. This will provide a much needed link and upgrade of service. He stated as early as next winter there may be gas shortages in the upper Vail and Eagle Valley areas. Mr. Lindahl explalned this is the final phase of the project and the applicant would like to finish this project this summer. He stated the applicant agrees with conditions recommended by Staff. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Ann McRay, Public Service Company, stated this is a 90 mile, 12 inch pipeline which has been divided into two construction phases. The proposal is for two segments, one being the west boundary up to Eagle Pass and the second is from Abrums Creek to the upper portion of Arrowhead. The purpose of the metering station is to process natural gas. Greg Flickner referred to a map showing the west Eagle County Line. He stated they have acquired easements which will allow them to connect with the existing 6 inch at Trail Gulch. He continued to explain the project. Commissioner Johnson stated in several areas the line parallels with the existing pipeline. He asked if those could be incorporated with the existing easements. Mr. Flickner explained they will for the most part. Paul Gaer, KM Energy, explained this was a complicated project. He stated the Corps of Engineers pe:rmit allows for crossing of the wetlands and there are state pe:rmits regarding dust control. Mr. Gaer spoke to the environmental assessment and the wildlife issues. Commissioner Johnson pointed out repairs will need to be made over a period of time so it must not be confused that once this project has been completed there will still be disturb areas. Discussion continued on the proposed project. Bruce Eden, Edwards resident, expressed concern regarding his property and the impacted of this project. He referred to a letter written by his partner. He stated he would rather the gas line not cross his property. He does not understand why a pipe that is already in the right of way can not be utilized. He indicated that he was just info:rmed today that there is no right away on either side of the gas line. Chai:rman Johnson asked where Mr. Edens's property was located. Mr. Eden pointed out on a map the location of his property. He stated he does not understand why the pipeline could not come across and down the other road. Peter Reed, B & B Excavating, expressed concerns with safety and construction. He stated B & B Excavating have recommended the pipeline be located on the other side of the road. Oran Palmeter, area resident, stated concerns but believes all issues can be mitigated. He stated there are eight families impacted. He requested the metering station be located as far to the east as possible. Art Kittay, resident of East Vail, stated 12 years ago he converted his house to gas from electric and has saved a great deal of money in doing so. He believes that gas is important to the progress of this County. He voiced his support for the project. Dr. Petty, property owner in Squaw Creek, referred to an agreement made in 1982 with Rocky Mountain Natural Gas and asked the new pipeline run parallel to the existing line. Jim Fritze stated some of the discussed issues are not the County's concern. He reiterated if conditions were required by the County and are not being met they need to be brought to the County's attention. The Board expressed concerns with the proposed project but agreed the project should be allowed to proceed. Lengthy discussion followed on the pro~osal. commissioner Phillips moved to table flle number ZS-343-95, Rifle/Avon Gas Pipeline to May 2, 1995, at 9:00 a.m. to allow further discussion on the safety issues. Chalrman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 1041-031-95, Strawberry Park and BaChelor GulCh Sid Fox presented file number 1041-031-95, Strawberry Park & Bachelor Gulch. He stated this was an application for a 1041 pe:rmit for major extension of existing domestic water and sewage treatment system and efficient utilization of municipal and industrial water project. He informed the Board Ray Merry has been working with the applicant and believes the building pe:rmit issue must be clarified to those that require water use. Ray Merry pointed out there were no public present for this hearing. 7 commissioner Phillips moved to approve file number 1041-031095, Strawberry Park and Bachelor Gulch incorporating staff's findings and conditions, including the water conservation plan requirement. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. LUR-012-95 Sid Fox, Planning Manager, presented file number LUR-012-95, amendments to the Eagle County Land Use Regulations. He reviewed the amendments as follows: 2.05.12 Building Height 2.07.03 Lot area restrictions based on Sewage Treatment Facilities, 2.23.23 Water Supply 2.23.24 Sanitary Sewage Disposal Appendix K Condominium Surveyors Certificate ~pendix L Title Formats for Plats Commlssioner Phillips moved to approve the amendments to the Eagle County Land Use Regulations, as presented. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until April 24, 1995. Attest: 8