HomeMy WebLinkAboutMinutes 08/29/95
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKE~S 387869
PUBLIC HEARING
AUGUST 29, 1995
Present: James Johnson, Jr.
George "Bud" Gates
Johnnette Phillips
Mary Jo Berenato
Sara J. Fisher
Chairman
Cornmissioner
Commissioner
Deputy County Attorney
Clerk to the Board
This being a scheduled Public Hearing the following items were presented
to the Board of County commissioners:
Plat & Resolution Signing
Kathy Eastley, Planning Technician, presented Plat and Resolution
Signing as follows:
SM-979-95 Arrowhead at Vail, Seventh Amendment to the 13th Filing, The
Pinons. She stated this was a Minor Type "B" Subdivision, resubdivision of
Lot 15 to create Lots 15A and 15B in the Arrowhead at Vail 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-979-95.
,Cornmissioner Phillips seconded the motion. The vote was declared
unanlmous .
PD-983-95 Eagle-Vail SUbdivision, Filing 1, Lot 39, Block 1. She stated
this is a Minor Type "B" Subdivision, a resubdivision of Lot 39 to create Lot
39A and Lot 39B. This plat does contain the duplex split caveat stating that
only one two-family structure may be constructed on the combined area of the
lots.
Commissioner Phillips moved to approve PD-983-95.
Commissioner Gates seconded the motion. The vote was declared
unanlmous .
SM-984-95 Condominium Plat of Old Orchard Plaza II, lot 1. She stated
this is a Minor Type "B" Subdivision, a two-dimensional condominium plat to
re-subdivide Lot 1 into Units 1 and 2 and Cornmon Area, Right-of-way and
easements. This is the City Market site in El Jebel which is in the process
of being annexed to the Town of Basalt. The annexation takes effect on
September 5, 1995.
Cornmissioner Gates moved to approve SM-984-95.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 95-104 - ZS-365-95 Sienna LaRena Special Use Permit. She
stated this is a resolution for approval of a Special Use Permit for a Home
Occupation within the Residential Suburban Medium Density Zone District.
This file was presented to the Board of County Commissioners on August 15,
1995.
ComrrQssioner Gates moved to approve ZS-365-95.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 95-105 - Authorizing the Change in Name of the Cottonwood
Planned Unit Development aka wildhorse to Cordillera Valley Club. She stated
this resolution will change the name of the development and the related
Planned Unit Development Guide. There are two companion files, Amended Final
Plats, which will change the name of the Wildhorse Final Plats which have
been previously approved the Board of County Commissioners.
Commissioner Gates moved to approve Resolution 95-105.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-296-95-AF2 Correction Plat - Cordillera Valley Club, Filing 1.
Commissioner Phillips moved to approve PD-296-95-AF2 Correction Plat.
Commissioner Gates seconded the motion. The vote was declared unanimous.
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PD-296-95-AF1 Correction Plat- Cordillera Valley Club, Filing 2.
commissioner Phillips moved to approve PD-296-95-AF1 Correction Plat.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
Ad.d.en.dmn to the SIA for Cordillera Valley Club.
Commissioner Phillips moved to approve the Addendum to the SIA for
Cordillera Valley Club.
commissioner Gates seconded the motion. The vote was declared
unanimous.
Resolution 95-108 - ZS-367-95, Holy Cross Electric
commissioner Gates excused himself from voting on this item.
commissioner Phillips moved to approve Resolution 95-108, file number
ZS-367-95.
Chairman Johnson seconded the motion. Commissioners Phillips and
Johnson voting yes, commissioner Gates abstained.
Resolution 95-109 - ZC-267-95 Zone District Amendment
Commissioner Gates moved to approve Resolution 95-109, file number AZ-
267-95.
commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 95-110 - SU-336-95-P Parks ide @ El Jebel
commissioner Phillips moved to approve Resolution 95-110, file number
SU-336-95-P.
Commissioner Gates seconded the motion. The vote was declared unanimous.
Resolution 95-111 - 1041-033-95 Creek Club
Commissioner Gates moved to approve Resolution 95-111, file number 1041-
033-95.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
ZS-369-95, 10th MOuntain Division Hut
Ellie Caryl, Planning Technician, presented file number ZS-369-95, 10th
Mountain Division Hut. She stated this was a request for a Special Use
Permit for a Ski Hut. The hut would contain 16 sleeping berths and a
kitchen/dining area. A wood-fired sauna and vault-toilet outhouse would be
located in separate structures near the hut. She stated the purpose of the
hut is to provide a recreation facility that is available for public use for
a fee. The majority of anticipated users will be cross country skiers in the
winter but the huts are available to other user groups (e.g. snow mobilers)
as well and during the summer. As with other huts in the 10th Mountain
system, the period of use and other conditions will be defined in the final
USFS Special Use Permit. Generally, summer season is between July 1 and
September 30, winter season is between November 15 and April 15. Access will
be via Red Sandstone Road or alon$ an existing trail that follows Spraddle
and Middle Creeks. Seasonally, wlnter access will be by road for motorized
users or trail for non-motorized users. Summer access will be by road for
mountain bikers and trail for hikers although use of the trail wlll be
actively discoura$ed to keep increases in trail use to a minimum. It is
approximately 8 mles to the hut from either starting point. Ms. Caryl
stated parking for Spraddle Creek trail is proposed to occur at the gravel
parkin$ lot at the trail head. A small parking area will be constructed
alongslde Red Sandstone Road ap~roximately one mile from the Fronta$e Road.
Ms. Caryl stated the Divislon of wildlife does believe there wlll be
some impact by this development although the Forest Service does not believe
the concerns are as great. She stated the Division of wildlife believes
great restriction of the trail head during certain times is vital and
especially so during the calving period. There are also concerns with
maintenance of the trail head and parking on Red Sandstone Road. The
buildin$ will be of low profile construction, made of wood with no metal.
The deslre was to begin the road process this fall but construction will not
take place until next summer.
Mary Jo Berenato, De~uty County Attorney, asked about the road.
Ms. Caryl stated it lS actually a driveway which comes off of an
existing Forest Service Road. The Planning Commission did unanimously vote
to approve the Special Use Permit with the following conditions:
1. Resolve outstanding wildlife issues to the mutual satisfaction
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
of the USFS and CDOW, particularly with regard to the potential for the
Middle Creek trail use increase and lack of enforcement for trail closures.
Agreed upon measures must be included in the USFS Special Use Permit
conditions and operating plan.
2. With the building permit application, submit a plan for parking
areas at both planned trail heads that indicate exact location of parking
areas, size of parkin$ area, how vehicles will be accommodated, associated
signs and responsibillty for maintenance and plowin$'
3. With buildlng permit application, subffilt plans for new access
road for review by the County En$ineering Department.
4. Following constructlon, areas surrounding the site shall be
revegetated and cleared of any construction debris.
5. Building Plans should include information about fire prevention
equipment available on-site.
commissioner Gates asked Peter Lorham, Executive Director of the 10th
Mountain Hut Association, who maintains the huts.
Mr. Lorham answered the 10th Mountain Hut Association does maintain the
facilities.
Chairman Johnson questioned this coming before the Board without certain
issues, ie. the parking having been settled.
Ms. Caryl answered some of the issues are now being dealt with by the
Town of Vail and they are in the process of working out details with the 10th
Mountain Hut Association. She stated the Town of Vail is considering cost
sharing issues within their own jurisdiction.
Chairman Johnson reiterated these issues are usually addressed before
the Board's consideration. He stated he feels it might be worth tabling this
issue until the Town of Vail and the applicant have resolved the issues. He
stated the issues between the Forest Service and the Division of wildlife
must be worked out before it comes to the Board as well. He explained the
DOW may not be mutually satisfied with the decisions of the Forest Service
even thou$h the Forest Service may have the final say.
COrrmlssioner Gates stated he believes the issues must be addressed and
resolved before the Board makes a decision.
Ms. Berenato suggested either a letter from both entities or their
making a presentation to the Board to provide them with their concerns and
the outstanding issues.
Chairman Johnson stated he would also like to know what the fire
prevention plan is. He suggested it should corne before the Board at this
juncture, but not waiting to final ~lat.
Ms. Caryl explained what the flre protection measures are.
Ms. Berenato expressed it should be presented to the Board in writing
and become a fonnal part of the record.
Ms. Caryl showed a rou$h sketch regarding the parking. She showed the
area to the Board and explalned the Town of Vail owns the area. They are
requestin$ either the 10th Mountain Association pave it and they will
maintain lt or the 10th Mountain Association plow it. She showed the area on
Red Sandstone Road.
Mr. Lohmar ~lained they were here in an attempt to get a jump on the
season and prolonglng the hearing will keep them from doing that one way or
the other.
Commissioner Gates moved to table ZS-369-95 to October 31, 1995 in an
effort to get all the information together.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 95-106, Sales Tax Revenue Refunding Bonds.
Robert Loeffler presented Resolution 95-106, authorizing the issuance of
sales tax revenue refunding bonds, series 1995. Mr. Loeffler stated since
copies were distributed earlier there have been some technical revisions but
the changes were not of a substitive nature.
John Gardner, Bond Council, was present for the hearing.
Cornmissioner Phillips asked about some of the blanks in the Resolution.
Mr. Gardner responded the final copies are filled in.
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Allen Sartin provided a brief summary for the Board and explained the
refunding is to get a lower interest rate as well as provide other financial
benefits. He explained the bonding issues as they effect the sales tax
capital improvement fund.
commissioner Gates asked about a prepayment penalty.
Mr. Sartin stated there are specific bond call dates which can not be
paid off earlier.
Mr. Gardner stated the first issue is only for a six year ~eriod.
Mr. Loeffler explained the resolution is to authorize the lssuance of
the bonds as well as a bond purchase agreement where the underwriter will be
purchasing the bonds. In the resolution the Board is endorsing the
correctness of the preliminary issuance statement with information provided
from Mr. Sartin's office and the financial consultants. The bond closing
will be next Thursday and there are a number of documents which will be
executed before the closing. He asked the Board to be aware the documents
will need to be brought before them next week so they can conduct the closing
as planned.
Mr. Gardner stated most of the documents are to be signed by either the
Chairman or the County Clerk.
Mr. Loeffler suggested in adopting the resolution the Chairman be
authorized to sign the closing documents.
Commissioner Phillips asked what was the aggregate principle of the
bonds.
Mr. Bigelow answered $3,758,000.00.
Commissioner Phillips moved to approve Resolution 95-106 and authorize
the Chairman to sign the closing documents.
commissioner Gates seconded the motion. The vote was declared
unanimous.
Resolution 95-107 En'lDIlerating Passenger Facility Charge Projects
Jim Fritze, County Attorney, presented Resolution 95-107, enumerating
passenger facility charge projects. He stated this is a draft resolution and
asked the Board in addition to the resolution, authorize the Chairman to sign
the appropriate documents.
Dan ReYnolds, Airport Manager, explained the various aspects of this
proposal to the Board.
Mr. Fritze stated at a meeting in Denver there was agreement with all
the ~rojects, United Airlines, Delta and American Airlines. Northwest
Airllnes, whose ~roperty person did not attend the meeting and station
mana$er, who arrlved late, stated they agreed with everything but the
terIDlnal project.
Mr. Fritze stated for clarification they can state the terminal planning
project has been approved thus far.
Commissioner Gates asked about the other projects.
commissioner Gates moved to approve Resolution 95-107, as presented.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-337-95-S, Knudson Ranch POD
sid Fox, Planning Manager, presented file number PD-337-95-S, Knudson
Ranch PUD. He stated he has received a letter from Rick Plyman requesting
this item be withdrawn.
The Board concurred.
Horse MOuntain Ranch Metropolitan District
Chairman Johnson stated the next item on the agenda was Horse Mountain
Ranch Metropolitan District. He stated the last time this matter was heard,
it was tabled for further deliberation by the Board.
, Commissioner Gates asked how much infonnation was to be gathered at this
tlme.
Chairman Johnson stated perhaps George Roussos need not be present as
the road standard issue had been confirmed.
Mr. Fritze stated from a procedural standpoint, the Board had closed the
hearing for cornment. He indicated the Board may open for further cornment if
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
they so desire. He further suggested today's meeting should bring about the
conclusion of the deliberation with a final written provision being provided
by Tuesday, September 5, 1995.
Gary White, on behalf of the applicant, stated he is concerned about not
reopening today's hearing to matters which have already been discussed. He
believes the questions sent to him have been addressed in the previous
hearing and wonders if it is necessary to open the hearing for further
discussion on those matters.
Chairman Johnson stated the evidence he heard on the tapes did not
satisfactorily answer the questions he has. He would like to reopen the
hearing in an effort to get further discussion on those eight questions
submitted.
Commissioner Gates moved to approve the reopening of this hearing.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
The first question submitted was what assurances were provided
guaranteeing the funds would be available for the condemnation.
Gary White stated the commitment would be advanced by the LLC with no
conditions placed for reimbursement. He referred to item 4 on the cost of
the condemnation be, etc. He indicated the LLC would provide all the funds
necessary with no obligation.
Chairman Johnson asked if there was an obligation to the Homeowner's
Association.
Mr. White referred to two letters which are part of the corrmitment,
being exhibit DD.
Ms. Berenato asked if the Service Plan was to be submitted and asked it
be referred to as exhibit GG.
Commissioner Phillips asked if the roads are being constructed now.
Mitch Morgan, representing the applicant, responded yes they are and the
balance of the roads will be completed in the next sixty days.
Commissioner Phillips asked if they were to be accepted by the County.
Mr. Morgan responded the roads are to the standards that have been
deemed acceptable in previous hearings.
Mr. Fritze stated the information presented is evidence, like all other
submitted to the Board, and they must determine if it satisfies the
conditions. Mr. Fritze stated there are some legal questions around the
document regarding enforceability by the LLC. He stated at the time, will
the LLC have the financial securlties to respond as they claim they will.
Gary White stated the easements for these roads already exist and it is
only if the need for condemnation arises will the need for the funding occur.
It lS clear the LLC is the owner of significant property there and they will,
if necessary, dispose of some of the property to assure payment.
Mr. Frltze asked who would enforce the commitment.
Mr. White responded the elected Board.
Mr. Fritze stated at the time this commitment is made, there is no
Board.
Mr. White stated Mr. Morgan is prepared to commit on behalf of the Board
to proceed with an election as soon as possible.
Chairman Johnson stated because of the fact the parcels are bigger than
35 acres, there is no reason for them to come back before this Board.
Gary White asked if it would be appropriate to draft a letter that would
be between the LLC and the Board allowing the Board enforceability.
Mr. Fritze stated that puts the Board in the enforcement capacity.
Chairman Johnson asked if it was the LLC's desire to issue the letter
directly to the Board and then after the formation, the Board would be
relinquished of the responsibility.
Ms. Berenato stated the best way to assure feasibility would be for the
applicant have an assessment of the condemnation process completed and the
applicant post collateral to ensure completion of the process.
Jim Golden, Attorney for the Ericksons, suggested the County consider
having the LLC detail all of the arrangements they are proposing in an
irrevocable offer the terms and the details which would then be a binding
contractual obligation.
Chairman Johnson again asked what if the LLC goes defunct.
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Mr. Fritze stated the way the Board deals with issues as such is to have
a contract as well as collateral in the form of a letter of credit or a cash
offering.
Mr. White indicated it would be unnecessarilr expensive in the event the
condemnation never becomes necessary. Mr. White lndicated perhaps the
irrevocable offer is something to be considered. , "
Commissioner Phillips asked Don Fessler, Road & Brldge Supervlsor, hlS
opinion of the roads.
Mr. Fessler responded he has been there three times in the last thirty
days. He stated he has seen some acti vi ty but he has not seen any type of
compaction or tests being preformed. In his visits he has only seen backhoe
work and pipe laying.
Ms. Berenato returned to the condemnation issue. She stressed the fact
the LLC does not intend to hold on to the property they own at this time.
Mr. White stated the resolution of the access issues is in the best
interest of the LLC from a marketing standpoint. The LLC has title insurance
on the parcels they own.
Chairman Johnson asked how many parcels did the LLC control from the
onset.
Mr. Morgan responded 66. He stated the LLC as seller is guaranteeing
access and they would not be selling the parcels if they do not solve the
concerns before they sell.
Chairman Johnson referred to Mr. White's remarks regarding the marketing
strategy.
Mr. White stated they are attempting to resolve this issue and that is
why they are here.
Ms. Berenato indicated if they want to get this resolved quickly, then
perhaps collateralization is the issue to address.
Mr. White questioned what is it ther must do so they can get this matter
to District Court. He referred to questlon #8.
Chairman Johnson referred to question #5 and the commitment of the
district to comply with the 208 ~lan.
Mr. White referred to exhiblt F in the Service Plan. He stated they
have committed to that.
Chairman Johnson referred to the concern with agricultural
reclassification.
Mr. White responded the projections of valuation can be accomplished
with minor mill levy increases.
Chairman Johnson asked about question #7.
Mr. White stated there is water up there and the infonnation is
available to the owners and the purchasers of the property. Mr. White stated
there would be some reduction of value of the property and the reduction ln
value is offset by some minor increase in mill levy.
Discussion continued on questions the Commissloners had.
commissioner Phillips moved to adjourn into "Executive Session" to
request legal advise and to return in 25 minutes.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
The Board reconvened from "Executive Session."
Mr. Fritze stated the Board requested advise regarding conditions and
approval of those conditions. Mr. Fritze asked Mr. White to restate his
comments regarding collateralization.
Gary White stated in respect to the statutory framework, if the
commissioners wish to place conditions on the service plan, the process
should be deemed to be continued until such time those conditions be met. He
stated there i~ a 20 to 30 day time period if they are still desiring a
November electlon. Mr. White stated they would encoura$e an unconditional
approval so the resolution can be drafted once the condltions are met by the
applicant.
~. Fritze stated again and in addition to any conditions, the Board
must flnd the other items regarding the fonnation of the district must be met
as stated in the resolution.
Commissioner Phillips moved to approve the Resolution and the
uncondi tional approval of the service plan for Horse Mountain Ranch
Metropolitan District. Included are the conditions of an estimated amount of
collateral which shall be given to the County through a Letter of Credit.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Chairman Johnson clarified the entire road is to be collateralized
including the BUM portion which shall be released upon completion with a
retained amount of 10% for a two year period. The second condition is to
have an appraisal of the condemnation and to pose that amount for any right-
of-way. The road shall be conveyed to the Special District upon its
fonnation.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
There being no further business to come before the Board they adjourned
until September 5, 1995.
Attest:
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