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Home My WebLink AboutMinutes 10/17/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt.:S 387869 PUBLIC HEARING OCTOBER 17, 1995 Present: James Johnson, Jr. Johnnette Phillips Sara J. Fisher Chairman corrmissioner Clerk to the Board Absent: George "Bud" Gates Corrmissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: PLAT AND RESOLUTION SIGNING Kathy Eastley, Planning Technician, presented file number SM-986-95, Terrace Rldge at Homestead, Phase I. She stated this was a Minor Type "B: Subdivision, a resubdivision of Lot 36 of the Homestead, Filing 3 to create 6 townhome units, common area and future development area. Commissioner Phillips moved to approve file number SM-986-95, Terrace Ridge at the Homestead, Phase I. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Corrmissioner Gates was out of town attending meetings. Kathy Eastley presented file number SM-992-95, Arrowhead at Vail, Filing 21, Lot 4. She stated this was a Minor Type "B" Subdivision, a resubdivision of Lot 4 to create Lots 4A and 4B in the Arrowhead at Vail Subdivision. 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. Commissloner Phillips moved to approve file number SM-992-95, Arrowhead at Vail, Filing 21, Lot 4. Chairman Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Kathy Eastley presented file number SM-993-95, Eagle-Vail, Filing 2, Lot 74, Block 4. She stated this was a Minor Type "B" Subdivision, a resubdivision of Lot 74 to create Lots 74A and 74B in the Easle-Vail Subdivision Filing 2. This plat does contain the duplex SpIlt caveat stating that only one two-family structure may be constructed on the combined area of the lots. Commissioner Phillips moved to approve file number SM-993-95 Eagle-Vail, Filing 2, Lot 74, Block 4. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. Kathy Eastley presented file number SM-996-95, Berry Creek Ranch, Filing 2, Lot 24, Block 1. She stated this was a Minor Type "B" Subdivision, a resubdi vision of Lot 24 to create lot 24W and 24E of the Berry- Creek Ranch Subdivision, Filing 2. This plat does contain the duplex SpIlt caveat stating that only one two-family structure may be constructed on the combined area of the lots. Commissioner Phillips moved to approve file number SM-996-95 Berry Creek Ranch, Filing 2, Lot 24, Block 1. Chairman Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Resolution 95-124, PD-141-95-A4 Homestead, Filing 3 PUD Amendment Kathy Eastley presented Resolution 95-124, file number PD-141-95-A4, Homestead, Filing 3. She stated this was a resolution for approval of a PUD Amendment to vacate two (2) of three (3) lots on Edwards Village Boulevard in 1 order to create one comprehensive lot. This file was presented to the Board of County Corrmissioners on October 3, 1995. Corrmissioner Phillips moved to approve Resolution 95-124, PD-141-95-A4 Homestead, Filing 3, PUD Amendment. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. PD-139-95-AF1-ARROWHEAD @ VAIL. FILING 13. 6TH AMENDMENT Kathy Eastley presented file number PD-139-95-AFl, Arrowhead at Vail, Filing 13, 6th Amendment. She stated the purpose of this application is to amend lots 9, 12, Tract C and Tract 2 of Arrowhead at Vail, Filing 13 to create Arrowhead at Vail, Sixth Amendment to Filing 13, Lots 26, 27, 28 and Tracts G, H and 2 as well as to create certain easements. This is located in Development Area A - Village/Ski Area Development Zone which allows for residential, commercial, resort and resort service uses. Further Development Area Plan review and approval is necessary prior to issuance of a building permit on Tract G or Lot 28. The Attorneys Office has reviewed this plat and staff is recorrmendins aI?proval. Commissioner PhllllpS asked if the attorney's office had received a reply and Ms. Eastley responded yes. Mary Jo Berenato, Deputy County Attorney, stated the Subdivision Improvements Agreement has been signed and a plat note restricting the sale of the lots is used as collateral. Commissioner Phillips moved to approve file number PD-139-95-AFl, Arrowhead at Vail, Filing 13, 6th Amendment. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. Corrmissioner Phillips moved to approve the Subdivision Improvements Agreement regarding Development Area A. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. PD-296-95-F1-CORDIT.T.lm~ V:U.T.EY CLUB IIAKA WILDHORSEII Kathy Eastley presented file number PD-296-95-Fl, Cordillera Valley Club, Wildhorse. She stated this is a final plat application for Tracts Q, P and Y in to Cordillera Valley Club Subdivision. The applicant is requesting approval for 10 single family lots on 8.572 acres, Open Space, Tract Y, is on 6.912 acres and roads on the remaining .759 acres. The existing zoning is Planned Unit Development, Residential Multi-family. The Cordillera Valley Club PUD Guide permitted uses in the Multi-family zone district include townhomes, condominiums, single family and duplex structures. The Preliminary Plan approved 18 dwelling units for the combined area of Tracts Q and P. The platins of this tract does satisfy the condition of one of the previously subdlvided areas. This was approved at sketch plan as Cottonwood. The Board of County Corrmissioners, in August of this year, approved a name change. This appllcation has been reviewed by the Attorney's Office and the Engineers Office. All issues with the County Surveyor have been resolved. The Subdivision Improvements Agreement lS ready for signature if this plat is approved. The plat note pertaining to the easement of the Colorado Electric Association will be released upon signing of this plat. Commissioner Phillips moved to approve PD-296-95-Fl, Cordillera Valley Club aka "wildhorse". Chairman Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Corrmissioner Phillips moved to approve the SIA for Cordillera Valley Club. Chairman Johnson seconded the motion. Of the two voting Corrrnissioners, the vote was declared unanimous. Ms. Berenato ~lained the release of easement. Corrmissioner Phlllips moved to approve Resolution 95-125 releasing the plat note on Cordillera Valley Club from Colorado Ute for the easement which has been vacated. 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 HOECKEt.:S 387869 T-29-9S-BROWN RESIDENCE. LOT 7 Bruce Campbell, Code Enforcement.Office~, pre~ented fi~e n~er T-29-95, Brown Residence, Lot 7. He stated thlS appllcant lS complYlng wlth Eagle county Land Use Regulations by applying, for a ~emporary,housins permi~ for,a temporary living space in the garage whlle a slngle famlly resldence lS belng constructed. The applicant anticipates the single family residence will be completed within the six month time frame. Chairman Johnson asked if this was an apartment. Mr. Campbell responded it is and will be torn out. Chairman Johnson asked about kitchen facilities. Mr. Ca1Tll?bell responded there are kitchen facilities now. Cornmissloner Phillips moved to approve file number T-29-95, Brown Residence, Lot 7, a temporary housing I?ermit, incorporatin9 staff ~in?ings. Chairman Johnson seconded the motlon. Of the two votlng COmmlSS10ners, the vote was declared unanimous. ZS-373-9S-WEBER SPECIAL USE Paul Clarkson, Planner, presented file number ZS-373-95, Weber SI?ecial Use. He stated the applicant has been operating an ammunition reloadlng and gunsmithing business on the property since 1977. This application is intended to bring this non-conforming use into conformance. Staff finds favorably and recorrmends approval incorporating staff's findings. Mr. Weber could not be hear today. The planning corrmission approved this file as well. Corrmissioner Phillips moved to approve file number ZS-373-95, Weber Special Use. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. RESOLUTION. PD-330-9S-P-NORTHSTAR CENTER Paul Clarkson presented a Resolution concerning file number PD-330-95-P, Northstar Center. He stated there were some items within the PUD Guide that removed and reworded some of the uses by right, i.e. the video rental and video arcade. There were also issues concerning the sign code. It has taken a while to get them worked out and staff is now satisfied this is an adequate sign plan. The Board requested the applicant provide some level of deed restriction for the dwelling units. In paragraph #1, it states the terms of the deed restriction. Mr. Clarkson I?ointed out to the Board the paragraph is as staff requested, however the appllcant has added an additional cause which appears to run it in a circle. The applicant has provided signed copies with that parasraph included but staff seems unable to resolve the issue. Cornmlssioner Phillips reflected previously they have allowed some for sale units and some rentals. Mr. Clarkson responded the July 18, 1995 hearing resulted in all four units remaining rental units permanently. Chairman Johnson stated there is a difference between here and Riverwalk because it was zoned mixed use. When this file first came forward, there was no housing plan. They came back with this plan with the units above and specified they would only be used for employee housing. He stated he believes the sentence should stop before the corrma. He recorrmended this be tabled until the applicant can provide this information that meets the County's suideline. Corrmlssioner Phillips moved to table the Resolution for Northstar Center to a future date. Chairman Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. PD-313-9S-Al-EL JEBEL TEXACO POD AMENDMENT Ellie Caryl, Planner, Community Development, presented file number PD- 313-95-Al, El Jebel Texaco PUD Amendment. She requested on behalf of the applicant this be tabled to October 31, 1995, as the applicant could not be 3 present. Corrmissioner Phillips moved to table file number PD-313-95-Al until October 31, 995 at the applicant's request. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. LUR- - 014 - 95 -LAND USE REGULATION AMENDMENTS Sid Fox, Planning Division Manager, presented file number LUR-014-95, Land Use Regulation Amendments. He stated the proposed amendments are a result of ongoing revisions and made at staff's recommendations and referral agencies and those who use the regulations. Mr. Fox stated they received no replies and feels confident the changes are acceptable. Mr. Fox explained the proposed amendments asking the Board to consider the following amendments to the Eagle County Land Use Regulations: Section 2.04 - Application of Regulations, Section 2.06.03 - Planned Unit Development District, Section 2.06.06 - Residential Suburban Low Density, Section 2.15.03 - Exemption from Subdivision regulations, Section 2.19.01 - Final Plat Application, Section 2.19.02 - Final Plat Review, Section 2.19.03 - Additional Requirements, Section 2.21.03 - Additional Requirements, Section 2.21.03 - Type A Minor Subdivision, Section 2.21.04 - Type B Minor Subdivision, Section 2.25.02 - Types of ~plications, Section 2.25.03 - Hearing Schedule. The Eagle Valley Plannlng corrmission recommended approval. The Roaring Fork Planning Commission questioned the final plat reviewing process. Staff recommended approval. Chairman Johnson questioned the language used in the surveying amendment. Mary Jo Berenato asked if this had been reviewed by Jim Kunkel. Mr. Fox responded there was no feedback one way or the other. Commissioner Phillips asked if the County used alternate surveyors. Mr. Fox responded only to review submisslons made by Kunkel. He stated there is significant delays relying on Kunkel only. Ms. Berenato stated she spoke with Tom Rasonetti regarding the first amendment. Mr. Ragonetti wanted to add PUD's lnto that first amendment along with special uses and 1041 where it states it does not apply. Mrs. Berenato suggested it is sufficient as it stands. Staff recommended leaving it as it is. Chairman Johnson asked who is the Board designee. Mr. Fox stated the intent is to send it to a qualified surveyor. Staff and or the Board will designate who those individuals are. Mrs. Berenato will review it further according to statute. corrmissioner Phillips asked when these changes will go into effect. Mr. Fox responded upon signing of the resolution on October 31, 1995. corrmissioner Phillips moved to approve file number LUR-014-95-Land Use Regulation Amendments with the addition of language as stated by staff. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. Resolution 95-125 Proclaiming Red Ribbon Week. Corrmissioner Phillips moved to approve Resolution 95-125 proclaiming October 22 through October 28, 1995 Red Ribbon Week. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. There being no further business to come before the Board the meeting was adjourned until October 23, 1995. .--J~?'9, ~~ Chal 4