HomeMy WebLinkAboutMinutes 09/18/2001
PUBLIC HEARING
SEPTEMBER 18,2001
Present:
Tom Stone
Michael Gallagher
Am Menconi
Tom Moorhead
Jack Ingstad
Sara J. Fisher
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
Clerk to the Board
This being a scheduled Public Hearing the following items were presented to the Board of
County Commissioners for their consideration:
Chairman Stone stated Commissioner Menconi would not be present for the morning session of
this hearing.
Consent Agenda
Chairman Stone stated the next item before the Board was the Consent Agenda as follows:
A) Approval of bill paying for the week of September 17, 2001, subject to review by
County Administrator
B) Approval of payroll for September 20,2001, subject to review by County
Administrator
C) Approval of the minutes of the Board of County Commissioners meeting of
September 4, 2001
D) Consultant Agreement between Eagle County and Convergent Group
E) Resolution 2001-122, re-establishing the rate of charge for Emergency Telephone
Service
F) Intergovernmental Agreement for the establishment of an Emergency Alert System
G) Contract with RBI, Inc. for Irrigation and Seeding Improvements at the Eagle County
Tree Farm
H) Resolution 2001-123, condemning the terrorism acts of September 11,2001
I) Amendment No.1 to the Miller Ranch Berry Creek Intergovernmental Agreement
J) Supplement Lease Agreement between the FAA and Eagle County for expansion of
leased area.
Chairman Stone stated they will be talking about item H, a Resolution concerning the terrorism
acts of September 11, 2001 later on.
Commissioner Gallagher moved to approve the consent agenda consisting of items A through J
removing item H.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Chairman Stone asked Commissioner Gallagher to read the resolution for item H into the record.
Commissioner Gallagher read the resolution as follows:
"Whereas, on SEPTEMBER 11,2001, the United States of America was suddenly and brutally
attacked by foreign terrorists; and
Whereas, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into
1
09-11-
2001
the towers of the World Trade Center in New York City, and a third into the Pentagon outside
Washington, D.C., and the fourth went down in a field in Pennsylvania; and
Whereas, thousands of innocent Americans were killed and injured as a result of these attacks,
including the passengers and crew of the four aircraft, workers in the World Trade Center and in the
Pentagon, rescue workers, and bystanders, and;
Whereas, these cowardly acts were by far the deadliest terrorist attacks ever launched against the
United States, and, by targeting symbols of American strength and success, clearly were intended to
intimidate our nation and weaken its resolve and;
Whereas, these horrific events have affected all Americans. It is important that we carry on with
the regular activities of our lives. Terrorism cannot be allowed to break the spirit of the American
people, and the best way to show these cowards that they have truly failed is for the people of the United
States and their countries to stand tall and proud.
Now, therefore be it resolved by the Board of County Commissioners of the County of Eagle,
State of Colorado:
That, the Board of County Commissioners condemns the cowardly and deadly actions of these
terrorists, and;
Be it further resolved, that the Board of County Commissioners supports the President of the
United States, as he works with his national security team to defend against additional attacks, and find
the perpetrators to bring them to justice, and;
Be it further resolved, that the Board of County Commissioners recommends to its citizens to
support relief efforts by giving blood at the nearest available blood donation center and contributing
financially both now and in the long-term.
Be it further resolved, that the Board of County Commissioners extends its sincerest sympathy,
compassion and prayers to the families and friends of the victims.
That, this Resolution is necessary for the public health, safety and welfare of the citizens of the
County of Eagle, State of Colorado.
Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State
of Colorado, at its regular meeting held the 18th day of September, 2001.
Chairman Stone stated the text of the resolution came substantially from the National
Association of Counties and has been voted on by a majority of the Counties within the United States
and he fully stands behind it.
Commissioner Gallagher concurred.
Commissioner Gallagher moved to approve Resolution 2001-123, condemning the acts of
terrorism of September 11, 2001.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Plat & Resolution Signing
Matt Gennett, Planner, presented the following plats and resolutions for the Board's
consideration:
5MB-00279, Arrowhead at Vail Filing No. 13, A Three-Dimensional Resubdivision
of Lots 31 and 33. He stated the intent of this Type B Minor Subdivision is to abandon the lot line that
separates Lots 31 and 33 and three dimensionally subdivide the subject parcel into lots 31A and 31 B.
Staff findings are as follows:
Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations:
5-290 (G) (1) Standards for Type A and Type B Subdivision
2
09-11-
2001
(G) Standards. The Board of County Commissioners and the Community Development Director
shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an
Amended Final Plat.
Standards for Type A and Type B Subdivision.
a) Access, potable water, and sewage disposal on the land to be subdivided are adequate;
b. The plat does conform to Final Plat requirements and other applicable regulations,
policies, standards, and guidelines; and
c. No Improvement Agreement is applicable.
Commissioner Gallagher moved to approve final plat file number 5MB-00279, Arrowhead at
Vail, Filing No. 13, a three dimensional resubdivision of Lots 31 and 33, incorporating staff findings and
authorize the Chairman to sign the plat.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
5MB-00278, Village Townhomes - Phase III Garage Condominiums. He stated the
intent of this Type B Minor Subdivision is to re-subdivide Lot 31B to create 44 residential parking
spaces and various general common elements. Staff findings are as follows:
Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations:
5-290 (G) (1) Standards for Type A and Type B Subdivision
(G) Standards. The Board of County Commissioners and the Community Development Director
shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an
Amended Final Plat.
Standards for Type A and Type B Subdivision.
a) Access, potable water, and sewage disposal on the land to be subdivided are adequate;
b. The plat does conform to Final Plat requirements and other applicable regulations,
policies, standards, and guidelines; and
c. No Improvement Agreement is applicable.
Commissioner Gallagher asked about the 44 residential parking spaces and where the Village
Townhomes are.
Mr. Gennett stated that is in Arrowhead Subdivision and accompanies file 5MB-00279. He
stated they needed to subdivide to make room for the parking spaces. The parking spaces were in the
original plat.
Commissioner Gallagher moved to approve final plat file number 5MB-00278, Village
Townhomes, Phase III Garage Condominiums, incorporating staff findings and authorize the Chairman
to sign the plat.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanImous.
5MB-00280, The Village Townhomes At Arrowhead - Phase III, A Part of Lot 31A
Arrowhead at Vail Filing 13, A Three-Dimensional Resubdivision of Lots 31 and 33. He stated the
intent of this Type B Minor Subdivision is to re-subdivide a part of Lot 31A in order to create six (6)
condominium units, F1-F6, with associated General and Limited Common Elements. Staff findings are
as follows:
Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations:
5-290 (G) (1) Standards for Type A and Type B Subdivision
(G) Standards. The Board of County Commissioners and the Community Development Director
shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an
3
09-11-
2001
Amended Final Plat.
Standards for Type A and Type B Subdivision.
a) Access, potable water, and sewage disposal on the land to be subdivided are adequate;
b. The plat does conform to Final Plat requirements and other applicable regulations,
policies, standards, and guidelines; and
c. No Improvement Agreement is applicable.
Commissioner Gallagher moved to approve final plat file number 5MB-00280, The Village
Townhomes at Arrowhead, Phase III, a part of Lot 31A, Arrowhead at Vail Filing 13, a three
dimensional resubdivision of lots 31 & 33.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unammous.
Commissioner Gallagher moved to adjourn as the Board of County Commissioners and
reconvene as the Local Liquor Licensing Authority.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Liquor License Consent Agenda
Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows:
A) Beaver Creek Food Services, Inc.
Arrowhead Alpine Club
This is a renewal of a hotel and restaurant license. This establishment is
located on Beaver Creek Mountain. There have been no complaints or
disturbances during the past year.
B) Beaver Creek Food Services, Inc.
Zach's Cabin
This is a renewal of a hotel and restaurant license with optional premises.
This establishment is located on Beaver Creek Mountain. There have been
no complaints or disturbances during the past year.
Commissioner Gallagher moved to approve the Liquor License Consent Agenda for September
18,2001, as presented.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Peppers Mexican Grill
Earlene Roach stated the next item on the agenda was a renewal for Riverwalk Restaurant LLC,
dba/Peppers Mexican Grill. She stated the applicant was stuck in Atlanta for a week and did not arrive
back in time to prepare for this hearing. She requested this matter tabled to October 2, 2001 at 11: 15
a.m.
Commissioner Gallagher moved to table the renewal hearing for Riverwalk Restaurant LLC,
dba/Peppers Mexican Grill to October 2,2001 at 11:15. a.m.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and
4
09-11-
2001
reconvene as the Board of County Commissioners.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared
unanImous.
AFP-00127, Cordillera, Lots 7, 8,10, Filings 1 & 2
Chairman Stone introduced the afternoon meeting and stated Commissioner Menconi was now in
attendance.
lena Skinner, Planner, presented file number AFP-00127, Cordillera, Lots 7,8, 10, Filings 1 & 2.
She stated the intent of this plat is to vacate the lot line between lots 7 and 10, as well as the building
envelope on lot 7. When both lots are combined, the lot will be considered lot 10.
Staff findings are as follows and as shown on staff report:
Pursuant to Section 5-90.G.2. Standards for Amended Final Plat:
a. Adjacent property.
Review ofthe Amended Final Plat has determined that the proposed amendment DOES NOT
have an adverse effect on adjacent property owners.
b. Final Plat Consistency.
Review of the Amended Final Plat has determined that the proposed amendment IS NOT
inconsistent with the intent of the Final Plat.
c. Conformance with Final Plat Requirements.
Review of the Amended Final Plat has determined that the proposed amendment DOES conform
to the Final Plat requirements and other applicable regulations, policies and guidelines.
d. Improvement Agreement.
Proposed improvements and/or off-site road improvements agreement ARE adequate.
e. Restrictive Plat Note Alteration.
DOES NOT Apply
Chairman Stone spoke to the photograph of the site and asked about the access to the lots.
Ms. Skinner stated there were two accesses and they are combining them into one lot.
Chairman Stone asked if they are combined will they not be able to build another lot.
Heide McCollum, representing the applicant, stated the owners do own the entire parcel and have
not intention of subdividing. She stated the vacation seems to have some tax benefits for them.
Commissioner Gallagher asked if they are interested in a deed restriction.
Ms. McCollum stated they have no intention of ever selling the property. They have children
living here. She stated she has not spoken to them about deed restriction.
Chairman Stone asked what would be the process if the applicant decided to re-subdivide those
lots.
Ms. Skinner stated it would be a Minor Subdivision.
Commissioner Menconi moved the Board approve File No. AFP-00127, Cordillera Subdivision,
Lots 7,8 & 10, Filings 1 & 2, incorporating the findings and authorize the Chairman to sign the plat.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
AFP-00119, Lot 4, Block 2, Cordillera
Matt Gennett presented file number AFP-00119, Lot 4, Block 2, Cordillera. He stated this was
an Amended Final Plat, the purpose of which is to amend the previously platted building envelope.
Staff findings are as shown on staff report and as follows:
Pursuant to Section 5-290.G 1 ofthe Eagle County Land Use Regulations, the Community
5
09-11-
2001
Development Director has considered the following in the review of the Amended Final Plat:
a. Access, Water and Sewage. The access, potable water, and sewage on the land to be
subdivided are adequate;
b. Conformance with Final Plat Requirements. The Amended Final Plat is in conformance
with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and
c. Improvements Agreements. A Subdivision Improvements Agreement is not applicable.
Chairman Stone asked if the plat they are reviewing shows the previous building envelope and
the proposed envelope.
Mr. Gennett stated it does. He explained the plat layout to the Board.
The applicant was present for the hearing.
Commissioner Menconi moved the Board approve File No. AFP-00119, Lot 4, Block 2,
Cordillera, incorporating staff findings and authorize the Chairman to sign the plat.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
SUS-000I0, Rather Subdivision
Cliff Simonton, Planner, presented file number SUS-00010, Rather Subdivision. He stated the
applicant is requesting this matter be tabled indefinitely. He stated at the Roaring Fork Planning
Commission a number of issues were brought forward and therefore they are requesting the tabling.
Chairman Stone asked Tom Moorhead if it is appropriate to table indefinitely.
Tom Moorhead, County Attorney, stated it is.
Commissioner Menconi moved to table file number SUS-00010, Rather Subdivision, indefinitely
at the applicants request.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
ZS-00078, Spur Subdivision
Matt Gennett presented file number ZS-00078, Spur Subdivision. He stated the proposal calls
for a single family home with an accessory studio for arts and crafts on a nonconforming, 1.048 acre
parcel in the Resource (R) zone. The parcel is comprised of three, legal, nonconforming lots which
necessarily merge in accordance with regulation. Due to the status of the parcel, the arts and crafts
studio calls for a Special Use Permit, rather than just a Limited Review, as designated in Table 3-300 of
the Eagle County Land Use Regulations. The floor area of the detached arts and crafts studio will be
limited to 850 square feet.
An application for this special use was submitted to Community Development by Mr. Mueller in
May of2001. Lots 1,2, and 3 of the Spur Subdivision were platted in 1952 and now constitute the new,
non conforming parcel upon which the single-family home and detached studio will be located. The arts
and crafts studio is for the use of the owner and will not have any employees associated with its use.
The Planning Commission discussed the potential negative impacts of the activities to be
conducted within the proposed arts and crafts studio. The concerns involved the proper containment and
disposal of any hazardous materials associated with the various processes carried out in the studio. The
applicant assured the Planning Commission that the minimal amount of hazardous materials he uses,
such as oil based paints, are contained in a sealed, air-tight container and disposed of properly. There
were no other concerns with the file and staff s additional recommended condition was adopted.
Referral responses were sent to the following:
Eagle County Engineering
Greater Eagle Fire Protection District
6
09-11-
2001
Colorado State Forest Service
Routt County
Colorado Geological Survey
Staff findings are as shown on staff report and as follows:
File No. ZS-00078
Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review
of a Special Use Permit:
Section 5-250.B.l Consistent with Master Plan.
The proposed Special Use shall be appropriate for its proposed location and be consistent with
the purposes, goals, objectives and policies ofthe Master Plan and the FLUM of the Master Plan,
including standards for building and structural intensities and densities, and intensities of use.
Section 5-250.B.l Finding
[+] Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be
appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
of the Master Plan and Master Plan FLUM, including standards for building and structural intensities
and densities, and intensities of use.
Section 5-250.B.2 Compatibility.
The proposed Special Use shall be appropriate for its proposed location and compatible with the
character of surrounding land uses.
Section 5-250.B.2 Finding
[+] Compatibility. The proposed Special Use IS appropriate for its proposed location, and IS
compatible with the character of surrounding land uses. The area surrounding Mr. Mueller's property
contains single family homes with accessory buildings located on small, nonconforming lots of record.
Section 5-250.B.3 Zone District Standards.
The proposed Special Use shall comply with the standards of the zone district in which it is
located and any standards applicable to the particular use, as identified in Section 3-310, Review
Standards Applicable to Particular Residential. A~ricultural and Resource Uses and Section 3-330,
Review Standards Applicable to Particular Commercial and Industrial Uses.
Section 5-250.B.3 Findings:
[+] Zone District Standards. The proposed Special Use DOES comply with the standards of the
zone district in which it is located and the standards applicable to the particular use, as identified in
Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses.
Section 5-250.B.4 Design Minimizes Adverse Impact.
The design ofthe proposed Special Use shall minimize adverse impacts, including visual impact
ofthe proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant
adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading,
odors, noise, glare, and vibration, and shall not create a nuisance.
Section 5-250.B.4 Finding
[+] Design Minimizes Adverse Impact. The design of the proposed Special Use DOES
minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore,
the proposed Special Use DOES avoid significant adverse impact on surrounding lands regarding trash,
traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a
nuisance. The applicant is proposing a single family home and a studio for his own use.
Section 5-250.B.5 Design Minimizes Environmental Impact.
The proposed Special Use shall minimize environmental impacts and shall not cause significant
deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources.
Section 5-240.F.3.e (5) Findings
7
09-11-
2001
[+] Design Minimizes Environmental Impact. The proposed Special Use DOES minimize
environmental impacts and DOES NOT cause significant deterioration of water and air resources,
wildlife habitat, scenic resources, and other natural resources. In addressing the concerns of Engineering
and Environmental Health, the applicant can ensure the design will minimize any environmental impact.
Section 5-250.B.6 Impact on Public Facilities.
The proposed Special Use shall be adequately served by public facilities and services, including
roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire
protection, and emergency medical services.
Section 5-250.B.6 Finding
[+] Impact on Public Facilities. The proposed Special Use IS adequately served by public
facilities and services. The applicant will demonstrate adequate service by public facilities.
Section 5-250.B.7 Site Development Standards.
The proposed Special Use shall comply with the appropriate standards in Article 4, Site
Development Standards.
Section 5-250.B. 7 Findings
[+] Site Development Standards. The proposed Special Use DOES comply with all the
appropriate standards in Article 4, Site Development Standards.
Section 5-250.B.8 Other Provisions.
The proposed Special Use shall comply with all standards imposed on it by all other applicable
provisions of these Land Use Regulations for use, layout, and general development characteristics.
Section 5-250.B.8 Findings
[+] Other Provisions. The proposed Special Use DOES comply with all standards imposed on it
by all other applicable provisions of these Land Use Regulations for use, layout, and general
development characteristics.
Chairman Stone asked for a definition ofthe uses for an arts and crafts studio. He stated he is
looking beyond the current owner to future owners.
Mr. Gennett explained it will be limited in size. The types of arts and crafts are painting,
sculpting, and some iron and wood work. He stated the Planning Commission questioned the disposal
of material which Mr. Mueller explained.
Chairman Stone asked if what was talked about is the definition.
Mr. Gennett stated it does not specifically define what are arts and crafts.
Bob Narracci, Planning Manager, read the definition which is very vague.
Commissioner Gallagher asked where the size configuration came from.
Mr. Gennett stated that is defined on page 3-313 and is defined as an accessory building.
Commissioner Menconi moved the Board approve File No. ZS-00078, Spur Subdivision, with
the following conditions:
1. Pursuant to Section 3 - 310 A.2. of the Eagle County Land Use Regulations, the detached studio
for arts and crafts can be of no more than 850 square feet in floor area.
2. No other uses are permitted on the site other than a single-family dwelling and the detached
arts & crafts studio use specified by this permit.
3. The comments of the Colorado State Forest Service and Colorado Geologic Survey shall be
adhered to by the time a Certificate of Occupancy (CO) is issued for the single family home and
detached studio.
8
09-11-
2001
4. Except as otherwise modified by this permit, all material representations ofthe Applicant in
this application and all public meetings shall be adhered to and considered conditions of approval.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until
September 25,2001.
~~
ChaIrman
9
09-11-
2001
