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HomeMy WebLinkAboutMinutes 07/02/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JULY 2, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Mary Jo Berenato Earlene Roach Chairman Commissioner Commissioner Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Plat & Resolution Signing Patti Haefeli, Planning Technician, presented the following Plats and Resolutions to be approved and signed by the Board: Resolution 96-87, file number PD-259-96-A, approving the amendment to the planned Unit Development Control Document for the Eagle County Airport. The purpose of this amendment is to increase the building height from 45' to 65' and other miscellaneous updates. This was presented to the board on June 18, 1996. Commissioner Phillips moved to approve Resolution 96-87, file number PD- 259-96-A, PUD Control Document for the Eagle County Airport. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 96-88, file number ZS-387-96, approving of the Special Use Permit for Eagle County Recreation Authority for a recreational facility, riding stable and as further described in the Special Use Review Application for the Berry Creek Equestrian Center and subject the following conditions: 1. Special Events, including rodeo's shall be scheduled to minimize traffic generation during peak evening traffic periods between 4 p.m. and 5:30 p.m. 2. This SUP is valid for 3 years. Commissioner Johnson moved to approve Resolution 96-88, file number 387-96, SUP for Eagle County Recreation Authority. Commissioner Phillips seconded the motion. The vote was declared unanimous. ZS- Resolution 96-89, file number 1041-039-96, approving the 1041 application for the Town of Gypsum to extend the existing water and waste water collection facilities to serve Eagle County Regional Airport, the Gateway Center and the Valley Airpark. Commissioner Phillips moved to approve Resolution 96-89, file number 1041-039-96, approving a 1041 application for the Eagle County Airport and Gateway Center. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-293-96-AF5, amended final plat for lot 44, Filings 1 & 2, Cordillera Planned Unit Development. T he purpose of this amended final plat is to amend the building envelope on this lot. This amendment constitutes an Administrative Process Building Envelope Amendment pursuant to Section 11.10.1 and Section 11.05.3 of the Cordillera Amended and Restated PUD Guide. The director of Community Development has reviewed the plat and has determined the following: 1. the proposed amendment will not substantially impact in an adverse manner the view corridor of any property owner to whom notice of the proposed building envelope amendment has bee sent, or is required by geologic or other hazard considerations. 2. the amendment change does not adversely effect wildlife 1 corridors. 3. the envelope change does not adversely impact ridge lines nor create any increase in impacts to ridge lines. 4. the envelope amendment lS not inconsistent with the intent of the final plat. 5. the envelope amendment is not an alteration of a restrictive plat note. Commissioner Johnson moved to approve file number PD-293-96-AF5, amended final plat for lot 44, Filings 1 & 2, Cordillera PUD. The Chairman shall be authorized to sign the plat. Commissioner Phillips seconded the motion. The vote was declared unanimous. SE-3l5-95, Hughes Exemption Paul Clarkson, Planner, presented file number SE-315-95, Hughes Exemption. He stated this was a request for exemption plat approval. Staff recommended approval. He infonned the Board this parcel was created in a window of time requiring the parcel come into compliance with County Regulations at that time. That was not done, thus the reason for the exemption. It has been determined there is a safe building site on the parcel. A flood plain development permit will be required at building permit stage. Chainnan Gates questioned flooding on this property last year. Mr. Clarkson stated there was flooding but there is buildlng sites above the 100 year flood plain. Commissioner Phillips moved to approve and authorize the Chairman to sign the plat, file number SE-315-95, Hughes Exemption, single family residential parcel. commissioner Johnson seconded the motion. The vote was declared unanimous. SE-322-96, Holy Cross Electric Pattie Haefeli, Planning Technician, presented file number SE-322-96, Holy Cross Electric. She stated this was a request for approval of an exemption plat. Staff recommended a~proval. She stated in 1993 Holy Cross purchased the property and are applYlng for exemption plats to bring the property into compliance with County Regulations. She stated this parcel is located near the Avon Sub-Station. commissioner Johnson moved to approve and authorize the Chairman to sign the plat, file number SE-322-96, Holy Cross Electric. commissioner Phillips seconded the motion. The vote was declared unanimous. ZS-388-96, Camp Jeep Paul Clarkson, Planner, presented file number ZS-388-96, Camp Jeep. He stated this was a request for a mass gathering of u~ to 2,500 jeep owners at Camp Hale. He stated the dates for the mass gatherlng is August 9 & 10, 1996. There will be several events, fly fishing, four wheel trips, concerts, bicycle trips, etc. This event is by invitation only. He stated the Camp Hale site has been used in the past for gatherings of this tYl?e. He reviewed past gatherings for the Board. Mr. Clarkson provided regulatlons from the Eagle County Master Plan for the Board's review. He noted there are local agencies, includin~ the County, urging the Forest Service to develop a Use Policy Plan for thlS type use at Camp Hale. He reviewed concerns from the Environmental Health Staff which revolve around food and sanitation. Traffic appears to be bumper to bumper from Camp Hale, down to Minturn and possibly up to Leadville. The Corps of Engineers has responded there will be no permit required. As a short term use, it is possible this kind of proposal can be viewed favorably, but if these events increase in number there will be concern of compatibility of this site. The overall character of Camp Hale will be substantially altered during this two day event. The Division of wildlife has expressed concern with the wildlife in the area, especially area "4B". Staff recommended approval with the following conditions: 1) All water, food service and sanitation, including sewage and 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 trash disposal provisions, shall be subject to inspection and approval by the Eagle County Environmental Health Division prior to, during and immediately following the event. 2) It is recommended the U.S. Forest Service issue it Decision Memo, including guarantees for on and off site restoration and mitigation and resolution of all wildlife impact issues and copy the County. 3) A fifty (50) foot setback from the Eagle River shall be maintained for any improvements. 4) Event organizers shall comply with building code and safety requirements that may a~ply to buildings or structures erected on-site. 5) .Any liabillty insurance required by the U.S. Forest Service shall include Eagle County held hannless. 6) All material representation made in this application and in hearing shall be considered as conditions of approval. 7) Application for this event on this site next year should not be accepted unless it is accompanied by an Environmental Impact Report prepared by qualified professional consultants or personnel. The Planning Commission recommended approval incorporating Staff findings, adding the following condition: 8) The County investigate imposing a bond requirement on the event intending to guarantee the restoration of the site and off-site mitigation. Jim Fritze, County Attorney, stated regardless of any decision, the Federal Government declded who will use this land for what purpose. The Federal Courts have held the County Regulations are not pre-exempted. Commissioner Johnson questioned impacts not covered by County Re$lilations 2.10.02, i.e. removal of native grasses. He stated the Board walved the need for an Environmental Report last year. Mr. Fritze stated the Board first must get over the threshold of 2.10.02, "may significantly change the environment." Commissioner Johnson stated in reading the report from the DOW, they felt there may be long lasting impacts as far as wildlife is concerned. He stated with any type of development the developer is asked to submit a wildlife mitigation report. He expressed concern with this application in that the public are required to jump through hoops whereas the Forest Service is not. Jay Gordonier, a~plicant, stated they are caught between the Forest Service and the Divislon of wildlife. He stated at the end of the event a study will be performed to detennine is there were any impacts. He stated the site permit from the Forest Service is $25,000.00 compared to $1,500.00 last year. He stated they will be purchasing picnic tables and doing other things to help the community. Commissioner Johnson stated he has less an issue with the Chrysler Corporation than with the Forest Service. He stated the Forest Service related items they were going to perfom last year that have not been done. Mr. Gordonier stated the Division of wildlife and the Forest Service are more together this year than last year. Commissioner Phillips stated after looking at the draft, impacts to roads, trails, vegetation, etc. have been addressed. She believes the Forest Service feels an Environmental Impact Statement was not needed. Ken Wilson, Sheriff's Office, stated they have no concerns with this application. He stated the applicants have medical, fire and traffic concerns under control. Commissioner Phillips asked if the re-vegetation last year took hold. Mr. Gordonier stated yes there are scars from last year where dirt was over turned and the grass ln the meadow is thicker now. He stated if the grass would grow too high in the parking areas that would be mowed. Ray Merry, Environmental Health Officer, stated he performed a site inspection and found most of the area in good shape. He stated educating those attending about possible hazards is very important. The applicant has chosen a local restaurant for catering. He expressed disappointment in not obtaining an Environmental Impact Report from the Forest Service. He recommended if there are to be future applications an Environmental Impact Report be submitted, whether from the Forest Service or the applicant. Chairman Gates stated he does not believe all the native species have 3 been identified before the reseeding process. Mr. Merry stated the type of fertilizers used take approximately three years to completely decompose. Jay Gordonier stated the grass mix bein~ used is a wild Basin Mix. He stated they will have to look at different sltes within Camp Hale to rotate so each area will have time in between to recover. He stated they are trying to do the right thing. Chairman Gates stated erosion is also a concern. He stated rotating the site will help erosion also. Jim Feldhouse, Vail Valley Tourism Bureau, stated he hopes the Board approves this application. He stated this is an exceptionally organized group that comes into the valley. He stated the educational aspect of this program is important. He discussed the economic benefit that comes from this event. commissioner Johnson questioned how many hotel rooms have been blocked off this year. Mr. Feldhouse answered approximately 3,000, the same as last year. Doris Ferarro, applicant, stated they are looking at approximately 1,500 to 1,800 vehicles. Greg Carato, Nova Guides, stated this is is more of an impact from the general public. organized and the applicant does take care of Board approve this ap~lication. Tim Cockrane, Vall Mountain Rescue, stated last year they had concerns with the number of people in the back country. There were no incidents last year. He spoke to education of four wheel drivers and the event being a real benefit to Eagle County. He recommended the Board approve the application. Commissioner Johnson questioned how many organizers there were in this organization. Ms. Ferarro answered approximately 25. Chairman Gates stated the Division of wildlife would like to see the applicant reseed twice as many acres. Commissioner Johnson moved to waive the Environmental Impact Statement as the decision memo from the Forest Service will suffice. commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve file number ZS-388-96, Camp Jeep, August 9 & 10, 1996, incorporating Staff findings and conditions number 1 through 7. Commissioner Johnson seconded the motion. In discussion, Chairman Johnson stated this appeared to be a good event last year. He suggested Staff set a meeting with the Forest Service to discuss an Environmental Impact Statement. Mr. Gordonier stated they will be on site from July 29, 1996 through August 13, 1996, setting up and taking down. He stated economics for the general public to attend do not work. Safety and health factors would not be controllable. Chairman Gates called for the question on the motion. The vote was declared unanimous. a two day event only and there This event is very well the area. He recommended the ZC-274-96, McCUne Subdivision SU-352-96-S, McCUne Subdivision Paul Clarkson presented file numbers ZC-274-96 and SU-352-96-S, McCune Subdivision. He stated this was a request to change the zoning from Resource to Residential Suburban Low and a request to subdivide 2.5 acres into five single family lots. Tom Boni, Knight Planning, outlined the project to the Board. He pointed out on a map the location of the property. He stated there is currently a stick built house and a mobile home on the property at this time. The Mid-Valley Master Plan describes the principals to be used in planning this area. Mr. Boni stated the Planning Commission and Planning Staff have recommended approval. He discussed surrounding properties and their densities. Chairman Gates asked how many individuals the road will serve. Mr. Clarkson mentioned the parkside Subdivision, two single acre parcels and the Jacobi Subdivision. He stated there will be a series of up to five 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 different cul-de-sacs next to Highway 82. He related the County has been able to pursue a long range planning perspective. He stated the owners of the Jacobi Subdivision have approached the County concerning possible subdivision of their property. Mr. Boni stated the construction of the road as a condition is a concern of the applicants. Chairman Gates asked if there was a restriction on the plat indicating no further subdivision of those lots. Mr. Boni stated there is no plat note contemplated, but those individuals would be required to come before the County. Mr. Clarkson stated the fifty foot easement should be a fifty foot right-of-way to be utilized in the future. Mr. Fritze stated normally as a part of the SIA the future roads would be collateralized. He stated those two forms are either collateral or a no- build restriction on the plat. Mr. Clarkson stated if the road plan was not in place, there would be a road construction agreement requirement. Staff recommended approval of file number ZC-274-96 and approval of file number SU-352-96, with the following conditions: 1) The alignment and grade of Easy Street through to the Parks ide @ EI Jebel Subdivision to the east and through the Jacobi Subdivision to the west to Valley Road shall be determined and verified the drainage will function property along the entire length of East Street. 2) Easy Street shall be moved to the south enough so the sizes of lots 3 and 4 will comply with RSL Zoning. 3) The western access easement shall serve lots 2-5 and shall be abandoned upon Easy Street's platted and built connection to Valley Road. 4) The County shall not accept the road for maintenance until such time as the entire road is completed through all properties to the east and west. 5) Each utility service provider shall furnish written assurances of service at prelimina::y plan and approval of the respective utility design plans at final plat. ThlS shall include water, sewer, electricity, phone, gas, cable and emergency services. The Planning Commission recommended approval incorporating Staff's conditions with the addition of the following: 6) The existing well shall be retained for irrigation purposes. Terry Capelli, adjacent property owner, stated the density is appropriate, but would like to see the existing area cleaned up. He suggested the mobile home not be allowed to stay in this area. He spoke to out buildings. He suggested he be included in the design process if possible. He expressed concern the proposed access will shine lights right into his living room. Mr. Capelli spoke to the number of vehicles using Valley Road and the bike path should be alon~ Valley Road. Commissioner Johnson moved to approve flle number ZC-274-96, McCune Subdivision, incorporating Staff findings. Commissioner Phillips seconded the motion. In discussion, Commissioner Phillips asked if there would be consideration for the neighbors input and for clean-up of the area. Mr. Boni stated at preliminary plan and final plat there will be further discussion on the development of the property. He stated he has not discussed the future of the mobile home with the applicant, he assumes the mobile home will be removed. Chairman Gates called for the question on the motion. The vote was declared unanimous. Discussion continued on the removal of the mobile home. Commissioner Phillips moved to approve file number SU-352-96-S, McCune Subdivision, incorporating Staff findings and conditions. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson suggested Staff work with the applicant to eliminate some of the concerns stated in Staff's conditions. He polled the Board concerning elimination of condition number three (3). Commissioner Phillips amended her motion to eliminate condition number 5 three. Commissioner Johnson seconded the amendment. Mr. Fritze stated condition number 6 may not be legal, if the well permit is domestic. Commissioner Phillips moved to amend her amendment to include deletion of condition number 6. Discussion followed on condition number 6. commissioner Johnson stated he would like to see the condition restated to indicate the applicant be directed to work with all involved to keep the well, but not eliminated. He would not second the amendment to the amendment. commissioner Phillips stated County legal staff does have questions concerning the legality of this condition. Discussion continued on eliminating conditions number three and six. Commissioner Phillips withdrew all her previous motions. Commissioner Johnson withdrew all his seconds. The Chairman concurred. Commissioner Johnson moved to approve file number SU-352-96-S, McCune Subdivision, incorporating Staff findings and conditions, 1, 2, 4, 5, and changing number six to indicate the applicant shall continue working with the Water District to utilize the existing well for irrigation purposes. Commissioner Phillips seconded the motion. The vote was declared unanimous. SE-324-96, Nelson Smith Exeoption Paul Clarkson presented file number SE-324-96, Nelson Smith Exemption. He stated this was a request for exemption plat a~proval. He stated this parcel was created in 1972, and this application lS to legalize this parcel of land. Staff recommended approval. commissioner Phillips moved to ap~rove file number SE-324-96, Nelson Smith Exemption, incorporating Staff flndings. Commissioner Johnson seconded the motion. The vote was declared unanimous. SE-3l9-96, MCKelvey Exeoption Paul Clarkson presented file number SE-319-96, McKelvey Exemption. He stated this was a reguest for exemption plat approval. He stated this parcel of land was created ln June 1976. This application is to legalize that parcel. He stated the lien has been released and is indicated on the title certificate. The use on this parcel is single family and a dog kennel. Staff recommended approval. Commissioner Johnson moved to approve file number ZS-319-96, McKelvey Exemption, incorporatin~ Staff findings. Commissioner Philllps seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until July 8, 1996. Attest :~ Q hill'~ e 0 t Boar ~; +.<" ~) alrman 6