HomeMy WebLinkAboutMinutes 08/15/95
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
AUGUST 15, 1995
Present: James Johnson, Jr.
George "Bud" Gates
Johnnette Phillips
Robert Loeffler
Sara J. Fisher
Chairman
commissioner
Commissioner
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:
Site visit
The first item on the agenda was a site visit to the proposed Eagle
Valley Health Center site.
ZC-266-95, Eagle Valley Health Center
PD-331-95-P, Eagle Valley Health Center
PD-171-95-A, Holiday Inn POD Amendment (Parcel A)
Paul Clarkson, Planner, presented file number ZC-266-95, Eagle Valley
Health Center. He stated this was a request to amend the existin$ PUD on a
seven (7) acre parcel and a 1.7 acre parcel. Also included in thlS hearing
is companion file PD-331-95-P, a request for a mixed use development
consisting of 110,000 square feet of medical/commercial office space and up
to thirty-six (36) units of employee housin$.
Mr. Clarkson stated the parking issue lS still a concern. The building
height concern was alleviated with the site visit. He stated the errployee
housing issue is still a concern and the desire is to reduce the construction
by about 30%. Staff is unconditionally approving ZC-266-95 but is
recommending conditions for file number PD-331-95-P as follows:
01) The proposed floor area be scaled back by 25%. This figure is based
upon the known parking inadequacies and the lack of 25% open space as
required by the sketch plan.
02) Items listed by County Engineer in the Memo dated June 28, 1995
shall be addressed to County Engineer'S satisfaction.
03) The followin$ PUD Guide items shall be addressed prior to the
recording of the prellminary plan resolution:
a) The Urgent Care facility shall be either accommodated in the
site plan or removed
b) The maintenance of the open space shall include both the
physical and administrative conditions and requirements and refer to the
approved landscape plan
c) The buildin$ height measurement method shall be combined with
the maximum height restrlction. Architectural or mechanical features shall
be shown on the plans or be restricted to the maximum building height.
Chimneys on the employee housing units shall be no more than required by the
Building Resolution. If the proposed measurement methodology is used then
the building shall be restricted to 26 feet
d) The employee housing section shall contain an abbreviated
errployee housing program similar to that of the Ri verwalk. Residency and
employee status verifications shall also be included to verif~ conformance
with any employee housing requirements would be incorporated lnto the PUD
Control Document
04) The final plat shall contain a plat note requiring a 1041 permit
prior to the application for a building permit to construct the housing
units.
05) The employee housing shall be limited to 65 credits.
06) The noise levels from the Interstate shall be measured, analyzed and
adequately mitigated.
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07) The public path details such as its beginning and end, construction
schedule, phasing, connection with Wildhorse and cost shall be supplied.
08) The type and size of landscaping materials in accordance with the
approved landscaping plan shall be provided.
Terrill Knight, representing the applicant, stated they feel they have
demonstrated the site does work and they are clearly within the PUD
requirements. He stated the applicant understands the concern with parking
and they are happy to review that matter with the construction of each
buildin$. He stated evaluating over time will allow them to deal with it on
a buildlng by building basis. He reiterated they have at least 30% green
space and have worked with the best interests of the community and
neighborhood in mind.
Chairman Johnson stated he has concerns with the open space and asked
what percentage of usable open space is in this development.
Mr. Knight re~lied the parking lot and landscaping should be considered
usable as well. Wlthout being specific on each parcel, he believes it is
still around 29 to 30%.
Commissioner Gates stated the visual landscape draws the eyes to the
mountains and not to the parking lot area.
commissioner Johnson questioned the layout of the errployee housing units
and asked if the play area can be on the side of the building not along the
highway but buffered from the highway.
Mr. Knight responded it could be done but they had chosen the front of
the building to allow for the joint use of the day care center.
Rich Wolfe, architect, stated the placement was for shared use of the
day care and allowed for the buildings to be farther away from the highway.
commissioner Phillips stated it was pointed out to her the bedrooms
would be on the back side of the units and buffering the noise. She
indicated that kids make their own noise and would not be bothered by the
highway.
Commissioner Gates asked when the errployee housing would be phased in.
Mr. Knight stated buildin$ A would not have employee requirement and
phase one of the employee houslng would be concurrent with building Band/or
before any additional building could take place.
Discussion followed on the proposal.
Mary Jo Berenato, Deputy County Attorney, asked about the definition of
open space including the parking lot and asked for clarification of what the
applicant considers usable open space.
Mr. Knight stated buffering a parking lot and trees in a parking lot
make that a usable space.
Ms. Berenato read the definition of open space and questioned if the
intention was to consider it a walkway.
Mr. Knight stated some are walkways and showed those areas on the map.
Ms. Berenato asked if the right side was considered walkway.
Mr. Knight stated they have not determined how many square feet are in
walkway and they have not counted that area as such.
Commissioner Gates stated his concern is with the technical nature of
the applicant meeting the requirements.
Mr. Knight stated the proposed land use regulations will help to clarify
the concerns and they will be within 25% of the required space.
Ms. Berenato asked when they anticipate final plat.
Mr. Knight responded immediately and they would move as quick as
possible to do so.
commissioner Phillips asked about the building height concern and asked
if the restriction to 26 feet would be a problem.
Mr. Knight responded they would have to redesign the entire project if
that restriction is placed on the development. He stated the applicant has
proposed a maximum building height of 45 feet. He showed the model of the
building to the Commissioners. If restricted, they would not be able to add
th~ features of gables which they had added in response to the neighborhoods
vOlced concerns.
Commissioner Johnson asked if Staff had asked the Board to ignore the 26
foot height restriction.
Mr. Clarkson answered yes.
Commissioner Johnson questioned the "urgent care" facilit~ definition.
Mr. Clarkson stated Staff still has concerns with the deflnition as to
what is urgent care, urgent care clinic, and the eagle care facility.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Mr. MacMahon, aI?plicant, stated they are talking about immediate
treatment in the facllity without appointments. He stated they will not have
ambulances running to and from the facility.
Discussion continued on the application and Staff's findings and
conditions.
Commissioner Phillips moved to approve ZC-266-95 incorporating Staff's
findings and conditions.
Conmissioner Gates seconded the motion. The vote was declared
unanimous.
Conmissioner Gates moved to approve the amendment to the current PUD
Guide and approve file number PD-171-95-A, incorporating Staff's findings and
conditions.
Conmissioner Phillips seconded the motion. The vote was declared
unanimous.
Commissioner Phillips moved to approve file number PD-331-95-P with the
corrections and inclusions being made as discussed before final plat is
approved, incorporatin$ Staff's findings and conditions.
Ms. Berenato clarlfied the employee housing credits for the Board.
Conmissioner Gates seconded the motion. The vote was declared
unanimous.
Plat & Resolution Signing
Kathy Eastley, Plannin$ Technician, presented the next item on the
agenda, Plat & Resolution slgning as follows:
SM-978-95, Berry Creek Ranch, Filing 4, Lot 23, Block 1. A Minor Type
"B" Subdivision, resubdivision of lot 23 to create lots 23N and 23S in the
Berry Creek Ranch Subdivision. This plat does contain the duplex split
caveat stating only one two family structure may be constructed on the
combined area of the lots.
Commissioner Gates moved to approve SM-978-95, Berry Creek Ranch, Filing
4, Lot 23, Block 1.
Conmissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-291-95-F, Riverwalk at Edwards, Phase 3. A Minor Type "B" Subdivision,
resubdivision of Tract A, Riverwalk at Edwards, Phase 2, to create Lot 3 and
the remainder of Tract A in the Riverwalk Planned Unit Development. She
stated this lot is anticipated to be used for constructing a hotel. An
addendum to the Subdivision Irrprovements Agreement is a part of this
application and may be signed upon approval of the final plat.
Commissioner Phillips moved to approve PD-291-95-F, Riverwalk at
Edwards, Phase 3.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Commissioner Phillips moved to approve Subdivision Improvements
Agreement that accompanies this file.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Resolution 95-100, PD-139-95-A, Arrowhead at Vail, Filing 11
Kathy Eastley presented Resolution 95-100, file number PD-139-95-A,
Arrowhead at Vail, Filing 11. She stated this Resolution reflects approval
of an amendment to the PUD which was presented to the Board on July 11, 1995.
Included with this resolution is an Amended Planned Unit Development Control
Document.
Commissioner Gates moved to approve Resolution 95-100.
Conmissioner Phillips seconded the motion. The vote was declared
unanimous.
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SE-317-95, Sherwood Exemption
Kathy Eastley, Plannin$ Technician, presented file number SE-317-95,
Sherwood Exerrption stating lt is located on Brush Creek Road.
Commissioner Gates moved to approve SE-317-95 incorporating Staff
findings.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
BE-63-95, Beaver Creek, Lot 37
Kathy Eastley presented file number BE-63-95, Beaver Creek, Lot 37. She
stated the was a reguest to amend a building envelope on Lot 37, Block 2,
Tract J. Fourth Fillng, Beaver Creek PUD. All owners of property abutting,
directly across the street from or within 75 feet of the property for which
the Building Envelope Amendment is requested, have given written approval.
commissioner Phillips moved to approve BE-63-95, Beaver Creek, Lot 37.
commissioner Gates seconded the motion. The vote was declared
unanimous.
PD-293-95-FS, Cordillera SUbdivision
Kathy Eastley presented file number PD-293-95-F2, Cordillera
Subdivision, Filing 22, Bentgrass, Phase IV. She stated this was a request
for a final plat of a 5.372 acre parcel for fifteen single family lots, roads
and common area. PUD Planning Parcel H: The intent of this area is to
create a core of moderate density, smaller single-family lots adjacent to the
Golf Clubhouse and Townhomes.
Commissioner Phillips moved to approve PD-293-95-FS, Cordillera
Subdivision, including the subdivision and off sites irrprovements agreement.
commissioner Gates seconded the motion. The vote was declared
unanimous.
SU-338-95-AF1, Leeper
Kathy Eastle~ presented file number SU-338-95-AF1, Leeper. She stated
the purpose of thlS application is to amend the common lot line for lots B1
and B2 as well as to create expanded easements for existing utilities. Staff
recommended approval.
Chairman Johnson asked if this had received an affirmative approval from
the Attorney's office.
Ms. Eastley responded yes.
Commissioner Gates moved to approve file number SU-338095-AF1.
commissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-139-95-AF2, Arrowhead at Vail
Kathy Eastley presented file number PD-139-95-AF2, Arrowhead at Vail,
Filing 13, 5th Amendment. She stated this was a request for an amended final
plat and the lots 3, 6, 7, 8, 10, and Tract A to create Lots 22, 23 and Tract
F as well as to create certain easements.
Commissioner Phillips moved to approve PD-139-95-AF2 incorporating
Staffs findings.
commissioner Gates seconded the motion. The vote was declared
unanimous.
ZC-267-95, parkside at El Jebel
PD-336-95-P, parkside at El Jebel
Paul Clarkson presented file number ZC-267-95, parkside at El Jebel. He
stated this was a request for zone change from Resource to Residential
Suburban Medium. Also included in this aPI?lication was file number PD-336-
95-P, a request for eight sin$le family unltS on eight acres I?lus 50' of road
right-of-way in conformance wlth the residential Suburban Medlum density
(RSM) zoning. A zone District Amendment application to change the zoning
from Resource (R) to RSM is a corrpanion file.
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BOARD OF COUNTY COMMISSIONERS
. EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Staff provided the matrixes concerning the relative master plans. The
concerns and referral responses were listed as well. He pointed out the
County Surveyor has some concerns. Staff does unconditionally reconmend
approval of ZC-267-95 incorporating Staff's findings. Staff does
conditionally recommend approval of PD336-95-P incorporating Staff's
findings. Mr. Clarkson referred to 11th hour letters that have been
received.
Chairman Johnson stated the Board will accept the letters which were
received prior to this hearin$ but not those which have just been received.
Mr. Clarkson stated the lssues identified were the concerns with the
number of units for this particular parcel of land.
Commissioner Gates stated while it meets the RSM setbacks it is
inconsistent with those already in place.
Mr. Clarkson responded many of the single family homes there exceed the
required set back substantially and are probably 20 to 25 feet from the
property line.
Commissioner Phillips asked what type homes were to be built.
Harold Leonard, applicant, stated at this time they plan to sell the
lots and unless the market changes, they will not build. He indicated the
homes will be consistent with homes in the area.
commissioner Gates returned to the set backs asking if they are
consistent with other homes in the area.
Mr. Clarkson stated the Planning Commission recommended the set backs be
commensurate with that of Summit Vista or the maximum of 20 feet or the
minimum of lot 4 of 15 feet.
Conmissioner Phillips asked if the applicant was in agreement with the
findings.
Mr. Leonard stated they have no problems.
Mr. Leonard indicated to make a presentation at this time would be
redundant but welcomed any questions.
Paula Drewelow, resident of Summit Drive, representing the homeowners of
Summit Vista, stated they are concerned with the building heights. She
indicated the applicant has a reputation for building too big of house for
the lot areas. Some of the duplex owners are concerned with the drainage in
that corner of the development and they hope there will be a provision for a
water drainage system. She stated there is a drainage problem from that area
into the Wynn' s lot and into the duplex lot into the corner.
Mrs. Drewelow stated they are concerned with the set backs on this
development. She related the homeowners are concerned with a big house being
built right behind them and asks the County Commissioner's to be sensitive to
that issue. She also stated that there was discussion at the Roaring Fork
Planning Commission and maybe the cul-de-sac is not large enough to
accommodate a fire truck.
Mr. Clarkson stated the Basalt Rural Fire District's non response
mandates their approval of this particular proposal.
Commissioner Gates stated in the past he has objected to the number of
units in this proposal and has voted against it previously. He does not feel
the number of units or the set backs conform with what is in the
neighborhood.
Commissioner Phillips stated the sketch plan has been approved and they
included those items. She stated the applicant's intention of selling the
lots does not indicate they plan to build and hopefully the purchasers will
be considerate of the neighbors.
Chairman Johnson asked if there are existing restrictions.
Mr. Clarkson stated Summit Vista does have restrictions and that many of
the homes built have been in violation of those restrictions. Many of those
buildings have been moved on the lots and shifted over from one side to the
other. He stated Summit Vista lots are subject to the RSM zoning other than
that mentioned above.
Chairman Johnson stated he does have a concern with building heights
because the building runs with the land and because they are not going to be
built on by the applicant. He questioned if the applicant had considered
placing some limits on the building heights.
Mr. Leonard questioned what prevents the Summit Vista subdivision from
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adding on to their units which would adversely effect this development. He
stated they can put it in the covenants and if they sell all the lots and the
owners determine to do whatever, they have no control. Throu$h the PUD
process they atterrpted to do so. A~ain, he questioned what wlll prevent the
Summit Vista homeowners from effectlng their project.
Mr. Leonard stated on lots 3, 4, 5, and 6, they are willing to restrict
the heights. In order to do so, they will have to reduce the heights on the
other lots.
Mrs. Drewelow stated they have an architectural committee that restricts
the building heights of units within the Summit Vista development so they
don't see it as being a concern to this development. They are trying to
maintain some consistency.
Mrs. Berenato stated since this is not a PUD they are restricted by what
the County can require. Under this zoning, the County cannot require the
applicant to set restrictions.
Commissioner Phillips moved to approve ZC-267-95, parkside at El Jebel
incorporatin$ Staff's findings and conditions.
Commissloner Gates seconded the motion. commissioners Gates and
Phillips voting yes and Commissioner Johnson voting no.
Commissioner Phillips moved to approve file number SU-336-95-P, Parks ide
at El Jebel including Staff's recommendations 1, 2, and 3.
Commissioner Johnson seconded the motion.
In discussion, Commissioner Phillips asked if the applicant had any
problems with Staff's recommendations.
Mr. Leonard questioned number condition number 4.
Mr. Clarkson stated there can be a restriction placed if there is a
building envelope to provide the set backs but the building height can not be
restricted.
Chairman Johnson called for the question on the motion. commissioners
Johnson and Phillips voting yes and Commissioner Gates voting no.
ZS-365-95, Sierma LaRene Highland Meadows
Kathy Eastley presented file number ZS-365-95, Sienna LaRene Highland
Meadows, Filin$ 2. She stated this was a request for a Special Use Permit to
allow the aI?pllcant to conduct a home occupation law practice. She stated
Ms. LeRena lS an attorney sI?ecializing in immi;J-ration law and would like to
locate a satellite office wlthin her home in Hlghland Meadows. Ms. LaRene's
main office is located in Sarasota, Florida and it is at that location where
most of her business occurs. However, the advent of comnunications
technology will allow her to live part-time in Vail while continuing to serve
her clients via telecorrmunications and corrputer technology. Ms. LaRene will
not have any employees located at this site nor is she expecting many client
visits as most are cO::sI?orations and institutions. Ms. LaRene's home has been
designed with this offlce use in mind: a six car garage has been integrated
into this home with additional outdoor parking.
Staff recommended approval however, not before the additional parking
area is repaired and complete.
Ms. LaRene, applicant, stated at the last meeting of the Planning
commission they seemed to be accepting of this application.
Commissioner Gates asked about the driveway.
Ms. LaRene stated the land below them is owned by their neighbor and
when they developed their lot they did not compact appropriately.
Commissioner Phillips moved to approve file number ZS-365-95
incorporating Staff's findings including the parking in the driveway
condition.
Commissioner Gates seconded the motion. Of the two voting
Conmissioners, the vote was declared unanimous. Commissioner Johnson had
left for the day.
1041-033-95, Game Creek Club
Ray Merry, Environmental Health Officer, presented file number 1041-033-
95, Game Creek Club. He stated this was a request for extension of water and
sewer service to the Game Creek Club, a restaurant and overnight guest
facility on Vail Mountain. Game Creek Club is located on an 80 acre
privately owned parcel which is zoned Resource/Special use. The parcel is
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
surround by Forest Service land permitted to Vail Associates Inc. for
operation of Vail Mountain. The Game Creek Club is proposed to be developed
in three phases. Mr. Merry pointed out this application is to run the water
and sewer lines only at this time and is not an application to move into
phase II of this project.
The water supply extension includes a 6 inch pipeline from an existing
120,000 stora$e tank located on Eagles Nest Ridge. The estimated cost of the
water system lS $850,000. The proposed waste water collection system would
be an extension of the UEVCSD system, Eagles Nest Restaurant and the Gondola
Terminal building. The estimated cost of the waste water collection system
is $160,000. The Carrp Robbers Club, a pre-existing use, has existed on this
parcel since 1969. The Camp Robbers Club, recently rebuilt after it was
destroyed by a fire, will continue to operate separately from the proposals
in this application.
Mr. Merry stated the Division of wildlife did not have any comments nor
did Colorado Geologic Survey.
Mr. Macey, representing Vail Associates, Inc., introduced Ed Armbruster
from Hydrosphere, who showed the general development area to the
Commissioners on a map and explained the proposed system.
Chairman Pro-tem Gates questioned the change from five one bedroom
cabins to four, five bedroom cabins. He asked while this is a privately
owned parcel, why there are no concerns with the Forest Service. Mr. Macey
stated the construction is under the jurisdiction of Eagle County but they
need Forest Service permission to put in services across their property.
Mr. Merry read staff's findin$s and conditions. Mr. Merry stated the
applicant will be required to submlt another special use permit prior to the
construction of the cabins. He stated Vail Associates has requested a waiver
of special use requirements as is allowed under this application.
Commissioner Phillips moved to approve the waiver of special use
requirements as the applicant has applied for a 1041 permit.
Chairman Pro-tem Gates seconded the motion. Of the two voting
commissioners, the vote was declared unanimous.
Commissioner Phillips moved to aI?prove file number 1041-033-95, Game
Creek Club incorporating staff's findlngs and conditions as presented.
Chairman Pro-tem Gates seconded the motion.
In discussion, Mr. Merry noted there are no members of the public
present for comment today.
Chairman Pro-tem Gates called for the question on the motion. Of the
two voting commissioners, the vote was declared unanimous.
Mr. Macy thanked the Chairman, Board, Staff and Jim Fritze for their
assistance and consideration.
PD-337-95-S, Knudson Ranch PUD
Keith Montag, presented file number PD-337-95-S, Knudson Ranch PUD. He
stated this was a reguest for a sketch plan for 33 townhouse units on 10.54
acres. He stated thlS file has gone before the Planning Commission and they
have made a reconmendation for denial. Because of that recommendation, the
applicant would like to address those concerns and return to the Planning
Conmission. The applicant is requesting a tabling for two weeks according to
a letter from Rick Pylman. Mr. Montag questioned what the applicant's
intention for the two week tabling.
Rick Pylman, Peter Jamar Associates, explained they are requesting a
tabling because of the Planning Commission'S concern with density. The
owners of the property were present at that tabling and listened to the
discussion. The applicant, Summit Habitats, Inc., is considering the
requests from the Plannin$ Commission and are involved in the business
discussion surrounding thlS development. Mr. Pylman was questioning if they
can amend the application they may be able to avoid starting over.
Mary Jo Berenato questioned if the applicant has any intent on bringing
the current file as it stands to this Board.
Mr. Pylman stated that is their intent.
Chairman Pro-tem Gates questioned what will be accomplished by this
tabling.
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Mr. Pylman stated in two weeks they ma~ be able to solve the concerns.
Staff recommended the application be wlthdrawn and the changed proposal
be submitted as a new application.
Mr. Pylman indicated they would like to table now and will withdraw if
they are $oing to make substantial changes and start over.
COrrmlssioner Phillips moved to table file number PD-337-95-S to August
29, 1995, at the applicants request.
Chairman Pro-tem Gates 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 August 21, 1995.
Attest:
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