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HomeMy WebLinkAboutMinutes 10/28/03 PUBLIC HEARING OCTOBER 28, 2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Teak J. Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items was presented to the Board of County Commissioners for their consideration: Work Session - Weekly Update Helen Migchelbrink, County Engineer, spoke to the request by the Bureau of Land Management concerning the right-of-way on Old Stage Road. She stated this is the Old Stage Road near State Bridge. She stated Dorothy Morgan from BLM is present for the hearing. She stated in February she approached the Board for support in abandoning an un-maintained right-of-way. BLM had asked this be abandoned which would leave the access to pedestrian access only. Commissioner Stone asked why the County would need to abandoned the right-of-way. Ms. Migchelbrink stated it appeared the County would have to turn the road over to the BLM in order for them to get a grant. Commissioner Stone stated if they do not abandoned the road they do not have the contiguous property owner issue. Should they be able to have a cooperative agreement with the BLM? Chairman Gallagher asked about trading for property at the Landfill. Commissioner Stone stated they cannot abandon the road without losing access. Ms. Migchelbrink stated they were going to abandoned and replace with a permanent easement. Dorothy Morgan stated they are requesting permission to work on the road, install a gate on the adjacent property, which will remain open until an agreement is reached to close the road to vehicle access, and a waiver of the collateral normally required to do work in the right-of-way. She stated they have permission from the property owner to install the gate. She had a power point presentation showing the road, river, gate, the entrance to the site, old broken down buildings, root cellar and various trash. She stated there is miscellaneous trash that campers leave behind. She showed campground plans, and explained closing the road to the public. She spoke to accommodating parking and river access and manage the river site as walk in and river access only. Chairman Gallagher asked about seasonal limitations for this area. Ms. Morgan stated most of the use of this area is during the summer months and is from river users for camping. Chairman Gallagher stated once BLM does what is planned, what would the use be. Ms. Morgan stated it would be float in float out, or pedestrian access. Chairman Gallagher asked about the float in float out and what about snow mobiles. Ms. Migchelbrink stated the road may have gone further in the past and there could have been a bridge crossing the river. As it stands today the road ends at the campground and the County has no further right-of-way. Chairman Gallagher asked about snow mobiles and skinny skiers. Ms. Morgan stated it has not had that kind of use Commissioner Stone stated he heard Ms. Migchelbrink say that the County does not close roads but the campground will still need to be maintained. 1 October 28, 2003 Ms. Migchelbrink stated the issue is the installation of a gate on a County Road. She related the problem is parking and where they would park if the gate was closed. She stated they are asking for the Board to allow the gate to be installed, grade the road and waive the collateral. She stated all three are reasonable requests. Commissioner Stone stated he agreed. The Board concurred to permit the request. Capital Improvement Discussion Mike Roeper, Director of Finance, spoke to the capital improvements committee, the Budget Officer and the Department Heads. He presented his power point presentation as follows: Total Requests Capital Expenditures $911,346 Capital Improvements Total Requests $118 million County Share $77 million Funds Available Capital Improvements (Projects> $25,000) Current Revenue - $3.1 million Fund Balance >25% - $1.3 million Capital Expenditures (Projects < $25,000 Current Revenue - $87,000 Fund Balance >25% - $277,000 Commissioner Stone asked about transferring from the fund balance. Mr. Ingstad stated he it has to be used for capital. Mr. Roeper stated it is from previous projects that did not happen and overages in sales taxes. Commissioner Stone stated the way that works is you transfer $1.3 million from the fund balance over to Capital Improvements. Mr. Ingstad stated in the past the County has paid cash for all their capital projects. The only remaining debt will be paid off in 2005 and 2006 and it is the County building. Commissioner Stone asked about accelerating the payment of the bonds. Mr. Roeper stated the current rate is attractive and it does not make economic sense to change. Mr. Ingstad stated they did re- finance one ofthe debts previously and it did not do any good. Chairman Gallagher questioned the $3.1. Mr. Roeper stated that figure is for the 2004 budget. Chairman Gallagher asked about the $1.3 million. Mr. Roeper stated those monies will be available in January 2004 from the 2003 budget. Mr. Ingstad stated at some point staff would like the Board to give direction on the percentage of fund balance they would like to keep in each separate account. Capital Improvement Committee Recommendations (Total $3.1 million) Lease Pmt.-Communication Equip. $31,700 Transfer to Trails Fund - AvonlDowd Trail $400,000 Countywide Dispatch System $235,000 Sheriff Mobile Command Post $0 (grant funded) Uninterrupted Power Supply-Computer Room $55,000 Weed & Pest Containment $25,000 LT. Systems Analysis & Design-Dept. Software Needs $35,000 East Vail Repeater Site $320,000 Basalt Road & Bridge Shop $1,250,000 Sheriff Integrated Management System $129,429 2 October 28, 2003 Facilities HV AC Controls $150,000 Fair & Rodeo Stage $55,000 Lionshead Intermodal Transport. Site-1st. Phase $400,000 Chairman Gallagher questioned the uninterrupted power supply. Mr. Roeper stated the current system is 14 years old and needs replaced. Chairman Gallagher questioned the Sheriffs integrated management system. Sheriff Joe Hoy explained this will allow all law enforcement entities in Eagle County to communicate with each others records. Commissioner Stone questioned the whole package cost and what is everyone proportioned share. Sheriff Hoy stated all entities are planning on going in on this system with the exception of Eagle and Minturn. They are currently debating this matter. Commissioner Stone stated he would like more information on the entire package, what is everyone proportioned share and how committed other entities are. Gallagher asked where this program is being used successfully. Commissioner Menconi asked about cell phones being able to be tracked. Mr. Roeper stated that was number three on the list. Commissioner Stone questioned the HV AC controls and was this the same request as last year. Rich Cunningham stated this is the same request. This is to network all County buildings and change the access control on the County Administration Building east and west doors. Commissioner Stone asked why this one was not funded in the past. Mr. Ingstad stated because of money. Commissioner Stone asked about the Fair and Rodeo Stage and ifthat was the stage for the band. Mr. Higgins answered yes. Commissioner Stone stated he understood from the Fair and Rodeo Board that they may not do the concert next year. Mr. Higgins stated that was because of the condition of the stage and the constant moving of it. Commissioner Stone asked why the Lionshead Intermodel Transport site was being requested from the County rather than ECO Transit. Mr. Roeper stated other than Vail residents and visitors; it would be a County wide usage. Commissioner Stone asked how much the Towns were pitching in. Mr. Roeper stated the Town of Vail would be $5 million, $1 million from CDOT, the County's total share would be $4 million, Vail Resorts would be $1 million, and FT A would be $4 million. Budget Officer Recommendations (Total $3.1 million) Lease Pmt.-Communication Equip. $31,700 Transfer to Trails Fund - Avon/Dowd Trail $400,000 Berry Creek Pond, etc. $600,000 Cooley Mesa Road Design $275,000 Detentions Facility Fire Suppression $25,000 Detentions Facility Water Heater $13,000 LT. Link Controller $35,000 Countywide Dispatch System $235,000 Uninterrupted Power Supply-Computer Room $55,000 Basalt Road & Bridge Shop $1,250,000 Facilities HV AC Controls $150,000 Commissioner Stone asked about breaking up the expenditure of the Basalt Road & Bridge Shop in two or more years. Rich Cunningham spoke to options in the Basalt area for the new Road & Bridge shop. He stated he spoke with different jurisdictions and looked at land to purchase. One of the options was the Crawford lease which is what this expenditure is based on. The School District had expressed some 3 October 28, 2003 interest in doing a long term facility master plan and was trying to get their facilities out from being located at the schools. They were interested in going in together on a spot. The other option was the RAFT A site in Carbondale. They expressed some interest in leasing space there and had a warehouse building the County could use half of. Commissioner Stone asked about the Town of Basalt. Mr. Cunningham stated they were hoping to use the current property for storage. Commissioner Stone asked how much land is needed. Mr. Cunningham stated around two acres or maybe an acre and a half. He stated there is a piece of property right over the County line but the Pitkin County Board said no. Commissioner Stone asked if this project could be completed in 2004. Mr. Cunningham stated there are some questions like is the lease going to be doable and the land use process. Commissioner Stone asked about the lease. Mr. Cunningham stated he believes the lease was for 25 years with an extension of 10 years for a total of 35 years. Commissioner Stone stated he does not know if it will be done in 04 Chairman Gallagher asked about using the old site for employee housing. Commissioner Stone stated they could also lease the old site to help recover their costs on the new site. Director Priorities (Total $1.3 million) Cooley Mesa Road Design $275,000 Detentions Facility Fire Suppression $25,000 Detentions Facility Water Heater $13,000 Animal Shelter Domestic Water $600,000 Animal Shelter Water Filtering System $25,000 Eagle County Bldg. Grading & Foundation Work $10,000 Eagle County Bldg. Air Intake Wells $20,000 SheriffIntegrated Management System $129,429 Sheriff Mobile In-Car Computer Systems $36,000 Sheriff Front Office Remodel $25,000 Sheriff Victim Services Crisis Response Vehicle $21,000 Uninterrupted Power Supply-Computer Room $55,000 LT. Link Controller $35,000 Detentions Facility Soundproofing $15,000 New Sign at Avon Center $5,000 Mr. Cunningham spoke to soundproofing the detention center. He stated after laying the hard floor there were complaints that it was too loud. Sheriff Hoy stated the inmates are now able to hear deputy's conversations. Commissioner Stone asked about major expansion of the detentions facilities and about the possibility of adding some of the proposed improvements to that. Gallagher stated the Attorney's Office had set up a meeting with all users ofthe Justice Center to discuss expansion but it was side tracked due to an infamous case coming to the County. Commissioner Stone stated he was trying to get a feeling for when that facility would have to be expanded. Sheriff Hoy spoke to the sound proofing issue and the expansion. He stated they are now trying home detention and double bunking. Commissioner Stone stated he will need more information on what the sound proofing system consists of. Common Projects (Committee, Budget Officer, Directors) Lease Pmt.-Communication Equip. $31,700 4 October 28, 2003 Transfer to Trails Fund - Avon/Dowd Trail $400,000 Uninterrupted Power Supply-Computer Room $55,000 Other Requests Daycare at Berry Creek $200,000 Balance of Lionshead Intermodal Transport. Site $3.1 million - (County Share) Justice Center Expansion via Debt $39 million Vail Frontage Roads $3 million (County Share) Edwards Spur Road $800,000 (County Share) Upgrade Community Development. Software $450,000 H.R./Finance Software $810,000 Document Managing & Imaging $300,000 Cooley Mesa Road Upgrade $3.3 million Cable & Webcasting ofBoCC Meetings $150,000 Lake Christine Dam Relocation $25,000 (County Share) Telephone System Management $42,820 Other Requests Pedestrian Improvements-Edwards $1.1 million Pedestrian Improvements-EI Jebel $1,056,000 Pedestrian Improvements-Tree Farm Underpass $825,000 Pedestrian Improvements-Frying Pan Road $1.1 million Pedestrian Improvements-Eagle $400,000 Transfer to Trails Fund (Avon/Dowd Phase II) $162,500 Short Term Records Storage $125,000 Fairgrounds West Access $2.4 million Rio Grande/Emma Trail $135,000 (County Share) Wolcott Range Shoot House-Sheriff $40,000 Long Term Records Storage $1.5 million Sheriff's Aircraft $350,000 ($650,000 less $300,000 sale) Basalt Recycle Center Relocation $25,000 (County Share Other Requests Facilities Management Shop Yard $750,000 Traffic Signal @ Hwy. 82 in Basalt $350,000 (County Share) Wolcott Bridge 131 Replacement $10 million Roaring Fork River Restoration $150,000 Basalt GIS Improvements $29,923 Equity Invest. In Replacement Housing-Basalt $250,000 - (County Share) Tennessee Pass Line $1 million Sheriff's Aircraft $700,000 ($1,000,000 less $300,000 sale) Eagle River Whitewater Park $200,000 Roads Initiative (RS2477) $500,000 Confluence/Avon Transit Center $1,160,000 (County Share) Avon Rec. Center Phase II $3,025,000 (County Share) Other Requests Avon Hwy. 6/Confluence Roundabout $162,500 (County Share) Avon Road Pedestrian Bridge $325,000 (County Share) Avon Hwy. 6/Stonebridge Roundabout $275,000 (County Share) West Vail Fire Station $2,707,500 (County Share) Scanner for Assessor $7,700 Clerk & Recorder Office Expansion $10,000 Treasurer Office Expansion $7,500 5 October 28, 2003 Public Trustee Scanner $9,000 Tables & Chairs for Eagle County Bldg. $5,000 Courtroom I Seating $20,000 Senior Center Entrance $10,000 Facilities Boom Truck $50,000 Justice Center Boiler Controls $10,000 Other Requests Tree Farm Security System $15,000 Monument Signs -Eagle County Bldg. $24,000 ConcretelFlatwork Repairs at Eagle County Bldg., Justice Center and Senior Center $30,000 Eagle County Bldg. Carpet Replacement $70,000 Eagle County Bldg. Painting $25,000 Justice Center Painting $15,000 Justice Center Window Repairs $40,000 Detention Center Floor-Cell Pod Bath $6,000 Eagle County Bldg. Lighting $25,000 Eagle/Vail Substation Siding Repairs $8,500 Justice Center Heat Exchanger $20,000 Control Panel-Jail Locking System $25,000 Other Requests Sheriff Document Scanner $31,415 Radios (6) for Vail Rescue Group $21,000 Sheriff Tactical Blanket Ballistic Armor $8,513 Sheriff Documentation Kits for Interview Room $9,000 Sheriff Digital Camera $7,000 LT. Supervisor Controller & Network Gear $36,000 Replace Assessor Good Turns System $15,000 Online Clerk & Recorder Data $15,000 Plotter/Copier for Engineering $24,500 Multi Function Copier/Fax for Treasurer $7,000 CAD Station for Facilities $8,000 High Speed Printer for Treasurer $5,000 Animal Control Database $10,000 Other Requests New File Server for Airport A VI System $7,500 Upgrade Emergency Mgmt. Generator Trailer $7,100 Plumbing Repairs at Basalt Middle School $9,140 Vail Pass Eagle River Watershed Cleanup $106,000 Bolts Lake $620,000 Roaring Fork Access Plan 800z Equipment $25,000 801 Berry Creek Recreation Study Commissioner Stone stated Cooley Mesa Road upgrade is something the County has a commitment to do. He asked when they were going to have to spend those monies. He asked if CDOT will pay for some of those improvements. Ms. Migchelbrink stated they have an agreement with the Town of Gypsum that they have deferred for the past four years. The Interchange is coming. They may build that Interchange as early as 2005. She stated she will be bringing an alignment study before the Board to see ifthey should realign the road in the vicinity ofthe Airport. She stated the design must be done in 2004. They are 6 October 28, 2003 going to have to figure out what they will have to pay, whether the road stays in its current alignment or ifit will have to be moved. They will have to figure how to budget that for 2005. Mr. Ingstad stated the money is currently in the budget for the road design but some funds were used for the Bair Ranch project. Commissioner Stone asked if the expenditure in 2004 will help determine how much this is going to cost. Ms. Migchelbrink stated yes because the Board will have to make the decision on realigning the road. Mr. Ingstad stated there is some bad news with the runway extension which came in at $10 million over the estimated budgeted monies. He suggested an Airport work session be held. He spoke to the impact to the runway, which means airport could be shut down for months. They need to look at doing the west end first. Commissioner Stone questioned the telephone management system. He stated they have had a discussion before and he believed there were a number of upgrades done in the past. John Denardo, Director ofIT, stated the software that was funded in the past is no longer supported. Mr. Ingstad stated they were told they could put in call accounting and prevent fraud. He stated it was a great idea but does not believe any more money should be spent as no one has the time to track calls. Commissioner Stone asked about the Lake Christine dam relocation. Mr. Roeper stated it is restoration rather than relocation. He stated it includes the Town of Basalt and DOW monies. Chairman Gallagher spoke to records management. He stated this has been needed for a long time and should be taken care of. He stated records storage is important and there needs to be a consolidated effort. Mr. Ingstad stated that has been directed by three different Boards and will mean other capital projects be put off. Chairman Gallagher stated maybe because it will be a lot of money and a consolidated effort that it could be included in the bond issue for the Justice Center. He stated the 800mh equipment and stated this is an opportunity to take a breath and look at all possibilities. Commissioner Stone stated with the limited amount of monies it will be difficult to do things outside of the normal requirements at this time. He questioned there being a lot of requests that are operational rather than capital and could those funds come out of the operational budget. Mr. Ingstad some of the requests have made the budget. Some of the other ones that were funded last year were added back in the budget for this year. He stated some of the requests come out of the 3590 account which has been used in the past. He stated the Chamber is asking for $25,000.00 and maybe that should be looked at by line item. Commissioner Stone asked if the Board could have a work session on those requests. Chairman Gallagher suggested an input session with all entities. Commissioner Stone requested they have all the requests before them and go through them and determine how much can be appropriated for those. Mr. Ingstad stated he and Mr. Roeper will work on this issue and show the Board which requests has been funded and how much money is available. Mr. Roeper stated there are no additional funds. Commissioner Stone stated they have gotten requests from $5,000 to $13 million dollars. Mr. Ingstad spoke to one time grants versus a yearly donation. They can dip into fund balances for a one time proj ect but not for a continuing proj ect. Commissioner Menconi asked about the water park. Ms. Migchelbrink stated she priced out what it would take to do Phase I. Her problem has been trying to figure out what project do they want to do. 7 October 28, 2003 Commissioner Stone asked about the scope of work. Chairman Gallagher spoke to the danger of the damn, if they could they could build a marvelous water park and use fairground parking. At the diversion point he asked about preliminary costs to do with the damn and replace it with an irrigation intake. Ms. Migchelbrink stated she is presenting a preliminary plan today. Chairman Gallagher stated he is interested in preserving the water rights, utilizing wet water, and keep the river safe. The idea of a river recreation park seems to be a much broader and multi- jurisdictional issue. CDOT, Town of Eagle, User Groups and the County need to be involved in the idea of a river park. Commissioner Stone stated he does not believe they should put themselves in the position of river safety. It is not the County's responsibility to make or keep the river safe. Chairman Gallagher stated he agreed. It would be more efficient for diversion and make the river available for recreation. Commissioner Stone questioned legal water rights. He asked if they were making full use of their water rights. Ms. Migchelbrink stated it would be expensive to do. She stated they need to look at the ditch, determine if the Board wants to transfer those rights to another point and do they need more water. The project is to fix the problem in the river. She understood the Board wanted to look at the entire project. Commissioner Menconi stated that means almost a separate component. He would like to know more about a water park. There are different ways to handle that. He is confused as the main goal is to create a place for boaters to go. He stated this came about because a group of recreationalists could not get over that section because it was too dangerous. Discussion continued on the river and river park project. Consent Agenda Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the weeks of October 20 & 27, 2003, subject to review by County Administrator B) Approval of payroll for October 30,2003, subject to review by County Administrator C) Approval of the minutes of the Eagle Board of County Commissioners Meeting for September 23 & 30, 2003 D) Construction ofthe pond at Berry Creek E) Change Order #2 to the contract with Stevens Home Care for the trees along Miller Ranch Road F) Change orders 1, 2 and 3 to the contract for the Eagle-Vail Pedestrian Trail Improvement G) Encroachment Easement Agreement with Joseph M. Ferrara\ H) Agreement between the Eagle County and Colorado West Regional Mental Health for Hispanic Youth Services I) Revised License Agreement with the Union Pacific Railroad to Encroach into the rail corridor for the Avon to Dowd Trail Project Phase I J) Lease agreement between Eagle County and A vis Rent A Car System, Inc. K) Lease agreement between Eagle County and The Hertz Corporation L) Riverview property management agreement amendment no. 2 M) Resolution 2003-137, approving the amendment of Resolution 2003-130, final release of collateral and termination ofthe warranty period for Cordillera, Filing 39. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Brian Treu, Asst. County Attorney stated they have no changes or revisions. 8 October 28, 2003 Commissioner Stone moved to approve the Consent Agenda as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat and Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00321, Highland Meadows, a Resubdivision of Lots 12, 13 and 14, a Resubdivision of Lot 13. This is a Minor -Type B Subdivision, the purpose of which is to subdivide Lot 13, Highland Meadows Ranch, a Resubdivision of Lots 12, 13, and 14, creating two (2) ~ duplex lots, Lot 13A and Lot 13B. Staff findings are as follows: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: a. The Amended Final Plat DOES NOT adversely affect adjacent property owners. b. The Amended Final Plat IS consistent with the intent of the Final Plat. c. The Amended Final Plat DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. An Improvements Agreement IS NOT applicable. e. This amendment IS NOT an alteration of a restrictive plat note. Commissioner Menconi moved to approve final plat file number 5MB-00321, Highland Meadows, a resubdivision of Lots 12, 13 and 14, a resubdivision oflot 13, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 5MB-00323, Berry Creek Ranch, Filing No.3, a Resubdivision of Lot 50, Block 2 This is a Minor -Type B Subdivision, the purpose of which is to subdivide Lot 50, Berry Creek Ranch, Filing No. 3, Block 2, creating two (2) ~ duplex lots, Lot 50A and Lot 50B. Staff findings are as follows: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: a. The Amended Final Plat DOES NOT adversely affect adjacent property owners. b. The Amended Final Plat IS consistent with the intent of the Final Plat. c. The Amended Final Plat DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. An Improvements Agreement IS NOT applicable. e. This amendment IS NOT an alteration of a restrictive plat note. Commissioner Stone moved to approve final plat file number 5MB-00323, Berry Creek Ranch, Filing No.3, a resubdivision If Lot 50, Block 2, incorporating staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous.\ 5MB-00325, The Riverwalk Garnet Buildin~ This is a Minor -Type B Subdivision, the purpose of which is to subdivide Lot 11, Phase 9, creating 11 residential condominium units, 26 commercial condominium units and various common elements. Staff findings are as follows: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: a. The Amended Final Plat DOES NOT adversely affect adjacent property owners. b. The Amended Final Plat IS consistent with the intent of the Final Plat. c. The Amended Final Plat DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. An Improvements Agreement IS NOT applicable. e. This amendment IS NOT an alteration of a restrictive plat note. Commissioner Menconi moved to approve final plat file number 5MB-00305, Riverwalk Garnet Building, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 9 October 28, 2003 Resolution 2003-138, approving a Special Use Permit for the Vail Christian High School Lake Creek Site Eagle County File No. ZS-00109. The Board considered the Applicant's request on October 7th, 2003 Commissioner Stone moved to approve Resolution 2003-138, approving a special use permit for the Vail Christian High School, Lake Creek Site, and Eagle County File No. ZS-00109. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-139, approving the Vacation of Public Way and Easements in the Chaveno Subdivision Eagle County File No. G-00016. The Board considered the Applicant's request on September 23rd, 2003 Commissioner Menconi moved to approve Resolution 2003-139, approving the vacation of public way and easements in the Chaveno Subdivision, Eagle County File No. G-00016. Commissioner Stone seconded the motion. The vote was declared unanimous. Continuation of Capital Improvements Discussion Chairman Gallagher stated this was the continuation of the Capital Improvements discussion. Commissioner Stone stated someone suggested the work on the river in Eagle should be a separate discussion. Mr. Ingstad stated the Chamber of Commerce should be a part of a different discussion also. Commissioner Stone spoke other items such as a high speed printer for the Treasurer's Office. Karen Sheaffer, Eagle County Treasurer, stated she now has a new printer. She stated she has a copy machine that needs to be replaced. She stated she has funds in the Public Trustee budget that will cover the cost ofthe copier. Mr. Roeper stated for the items under $25,000, the directors did not receive approval from the committee because they only looked at the larger items. The items below the $25,000 were not considered. Commissioner Stone asked if those items need to be part of a separate discussion. Mr. Ingstad stated if there is something missing from the budget the directors will come and ask the Board or himself for funding. Commissioner Stone questioned the Vail Pass water shed cleanup. He questioned if that was a capital request. Mr. Roeper stated it is a physical improvement of the land and the river. Commissioner Stone questioned if this was the Black Gore Creek clean up. Mr. Roeper answered yes. In the past it has been funded out of capital expenditures. Mr. Ingstad stated he will check the previous fund requests and identify where the money came from. Commissioner Menconi asked if the Board concurs with the request from Ms. Sheaffer. The Board concurred with the request. Commissioner Stone questioned grading and foundation work and air intake wells. Mr. Cunningham stated they are trying to achieve positive drainage. Currently they get water draining into the foundation. They are looking at this as dealing with it about five feet away from the building. Gutters are another option but he did not believe that would look right. The wells are five spaces that give air to the building. Those wells are full of water due to irrigation and snow melt. There was a drain put in that drains to somewhere but they have not be able to locate to where. This money would be for dry wells. Mr. Ingstad stated these are items that will eventually have to be done. Commissioner Stone stated before taking on another project they must take on the infrastructure first. Chairman Gallagher asked what the next step is. 10 October 28, 2003 Mr. Ingstad stated he would like the Board to think about requests, make notes, and he will schedule a budget discussion that will take approximately two hours. 1041-0049 McCoy Springs @Arrowhead PUD Cliff Simonton presented file number 1041-0049, McCoy Springs at Arrowhead PUD. He stated the applicant is requesting this file be tabled to November 18,2003. Commissioner Stone moved to table file number 1041-0049, McCoy Springs at Arrowhead PUD to November 18,2003, at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDSP-00018 & ZC-00063 McCoy Springs @ Arrowhead Joseph Forinash, Planner, presented file numbers PDSP-00018 and ZC-00063, McCoy Springs at Arrowhead. He stated the applicant is requesting this matter be tabled to November 18,2003. Commissioner Stone moved to table file numbers PDSP-00018 and ZC-00063, McCoy Springs at Arrowhead to November 18, 2003 at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. LR-00033 Windriver Landscaping Cliff Simonton, presented file number LR-00033, Windriver Landscaping. He stated on May 20, 2003 a notice of zoning violation was issued by Eagle County Code Enforcement to Windriver Landscaping, and CJC Properties, Inc. (hereafter Applicant) for unauthorized landscape business operations on a tract of land in the Resource zone district. Said notice was prompted by a complaint of an adjacent property owner, Eagle Springs Golf Club who noted negative impacts to traffic from tree loading and unloading operations in the right-of-way of US Highway 6 near the entrance to their facility. On May 27, 2003 the Applicant submitted a Limited Review application seeking approval for a tree storage facility. The ensuing administrative review by the Director of Community Development included notification to adjacent property owners, and a response in opposition to the proposal was received, this time from counsel representing Eagle Springs Golf Club (letter attached). As a result, and pursuant to Section 5-300.BA.b of the Eagle County Land Use Regulations, this file is scheduled for public hearing with the Board of County Commissioners. The site is located on US Highway 6 approximately one mile east of Wolcott (see attached aerial photo). The subject property is a 3 acre portion of a 130 acre tract that has been leased to the landscape business operator, Windriver Landscaping. The Applicant has indicated that the site will be used for the storage oftrees, and other "materials necessary in the performance ofthe off-site landscape business". Other material and improvements listed include a port-a-potty, a trash dumpster, a temporary construction trailer housing an office, a storage shed for tools, flatbed trailers and a fueling station for company vehicles. The chronology of the application is as shown on staff report and as follows: 06/27/84 - Special Use Permit ZS-206-84, applicant Eagle Valley Landscaping, is approved for a landscape business on this same 130 acre tract, at a location Y2 mile west of the subject property. 11/22/94 - A site plan submitted by The Vail Valley Garden Center is approved for the continued use of the location previously approved in 1984. Same use, different owner and layout. No approval has been granted for the current (proposed) use at this specific location. Referral responses are as follows and as shown on staff report: Letter of Opposition, dated September 5, 2003, from Jim Johnson representing Eagle Springs Golf Club. 11 October 28, 2003 Sites non-permitted uses over and above Tree Storage on the subject 3 acre property Outlines concern for traffic safety given the lack of access improvements Referral Response, Eagle County Engineering, dated August 18,2003 An Access Permit needs to be obtained through the issuing authority An easement or letter granting permission is required from the property owner for the area indicated as a truck turnaround on the site plan. Details of improvements where the proposed truck turnaround crosses the irrigation ditch are required Letter from Eagle County Engineering to David Leahy, traffic consultant for the Applicant, dated October 16, 2003 Points out that the Regional Highway Classification of US Highway 6 allows one access per parcel (and then only if other access is not available). Indicates that only one access would be allowed even if the subject property were to be subdivided. (The Applicant has represented that the property has been subdivided, the Eagle County Assessor indicates one 130 acre tract owned by CJC Properties) Notes that no access permits currently exist for this property, and that two access points are currently used (not counting the one proposed). Further states that the granting of an access permit for this property would require an Access Consolidation and Management Plan to bring the property into compliance with State Highway Access codes. Notes that the proposed access does not meet sight distance criteria, and that if other standards for access could be met, a design waiver for sight distance would be required. Given the above, states that a State Highway Access Permit cannot be issued for the proposed Tree Storage driveway location. Staff findings are as follows: Section 3-300 Residential, A2ricultural and Resource Use Schedule lists Tree Storage as a use requiring a Limited Review in the Agricultural Limited (AL), Agricultural Residential (AR), Resource Limited (RL) and Resource (R) Zone districts. Section 5-300.A Limited Review Use Limited Review Uses are those uses which may be considered compatible with other uses in a zone district, and have minimal impacts. They are subject to an abbreviated review of the standards applicable to the proposed use. All proposed Limited Review Uses shall comply with the provisions of this Section 5-300 Limited Review Use. Section 5-300.B.1.c Application Contents, Other Materials, requires the Applicant to submit evidence that the proposal conforms to the Minimum Standards for the particular use as indicated in Section 3-310, Review Standards (or Section 3-330, Review Standards), if any. In this instance, Section 3-310.Aa provides standards for Tree Storage, adopted by the Board March 12, 2002. Pursuant to Eagle County Land Use Regulations Section 3-310.Aa Minimum Standards for the review of Tree Storage: STANDARD: Limitations On Use [Section 3-310.Aa] Use is limited to the open storage of trees and plant material only. The letter of opposition that resulted in this file coming before the Board questions uses on the site that are "above and beyond" those allowed by this standard. As indicated in the application, and as evidenced by field inspections through the past several months, the site accommodates considerably more than just trees and plant material. The Applicant acknowledges the placement on-site of a structure housing an office, a separate storage shed, a fueling station, flat bed trailers, a dumpster and a skid steer loader. In addition, monthly visits by Staff to the have found a camper trailer stored under a tarp, piles of landscape rocks and stone, revegetation supplies and materials, stacks of empty plant containers and an assortment of other landscaping materials, tools and equipment. Every site visit has found the dumpster full to overflowing with general landscape construction refuse. A recent drive-by noted the addition of a pickup truck camper shell to the mix. 12 October 28, 2003 Further, no less than three personal cars have been observed to be parked on the site on work days, and company trucks are observed parked on the site in the evenings and on weekends. The storage of landscape materials other than just trees and plants, the operation of an office, and use of the site as a business staging, fueling, parking and dumpster location constitutes a landscape contractor's storage yard, and creates potential impacts that clearly were not contemplated by the intent of the Tree Storage regulation. Contractor Storage is a use by right only in the Industrial zone district (I), requires a Special Use Permit in the Commercial General (CG) and Rural Center (RC) zone districts, and is not allowed in the Resource zone district. [-] FINDING: Limitations On Use [Section 3-3l0.Aa] The uses being evaluated and currently present on the site ARE NOT limited to the open storage oftrees and plant material. STANDARD: Sales [Section 3-310.Aa.1] - There shall be no retail sales of trees on the property. The Applicant represents that no retail sales occur on the site. While the site does not appear to accommodate sales to the public, the presence of an office with phone, fax and computer could support that use. [+] FINDING: Sales [Section 3-310.Aa.1] Retail sales of trees DO NOT occur on the property STANDARD: Advertisement [Section 3-310.Aa.2] - Tree Storage areas shall not be advertised, nor shall advertisement be allowed for the business for which the trees are being stored. There is no sign currently advertising the site. However, a sign frame has been placed at the entrance. [+] FINDING: Advertisement [Section 3-31O.Aa.2] The Tree Storage area IS NOT advertised, nor is advertisement made on-site for the business for which the trees are being stored. STANDARD: Operation [Section 3-3l0.Aa.3] - Operation of noise producing equipment shall be limited to that period of time between 8 am and 5 pm, Monday through Saturday. The Applicant represents that noise will be limited to the hours of 8am to 5pm, Monday through Friday. [+] FINDING: Operation [Section 3-310.Aa.3] The operation of noise producing equipment SHALL BE limited to that period of time between 8 am and 5 pm, Monday through Saturday. STANDARD: Nuisance [Section 3-31 O.AaA] - The land owner/ storage facility operator shall ensure minimal noise, dust and garbage. Dead materials must be promptly removed. While noise and dust do not appear to be a problem, Staffhas noted the full-to-over-flowing condition of the trash dumpster placed on site on several different occasions. Of related concern is access. The phone call that initiated action by Eagle County Code Enforcement sited, in essence, the "nuisance" and traffic hazard created by large trucks loading and unloading trees in the Highway 6 road right-of-way adjacent to the site. It has subsequently been determined that a State Highway Access Permit is required for this use. Reference the letter dated October 16,2003 from Eagle County Engineering to the Applicant's traffic engineer David Leahy, an Access Permit cannot be issued for this site. State Highway Access codes limit access from a rural highway to one access point per parcel. Two unpermitted accesses already exist for this property. While modifications to the site can be made that would allow large delivery trucks to park and unload outside the road right-of-way, the inability of the Applicant to secure an Access Permit from the Colorado Department of Transportation renders this site inappropriate for tree storage as proposed. Reference the letter from Engineering ( above), the development of an Access Consolidation and Management Plan, approved by Eagle County and the State, and would be necessary to bring this site into conformance with applicable Highway Access codes. [-] FINDING: Nuisance [Section 3-31O.AaA] While noise and dust are not a problem, garbage HAS BEEN allowed to accumulate on the site. In addition, criteria allowing the issuance of a State Highway Access Permit CANNOT presently be met at this location. ST ANDARD: Proof of Adequate Water [Section 3-31 0.Aa.5] - Proof of legal water sufficient for the purpose of irrigation must be provided. 13 October 28, 2003 Applicant has submitted evidence indicating that sufficient, legal water is available. Water is delivered to the site via the O'Neill-Holland irrigation ditch, adjudicated July 26, 1909 and October 3, 1936 (letter from William, Turner and Holmes, P.C., July 16, 2003). [+] FINDING: Proofof Adequate Water [Section 3-310.Aa.5] Proofoflegal water sufficient for the purpose of irrigation HAS BEEN provided. Mr. Simonton gave the Board a copy of a letter from Fred Green, adjacent property owner, expressing complaints. The letter is as follows: "Dear Commissioners, On behalf of the membership of Eagle Springs Golf Club, I want to thank you for addressing issues raised by the Windriver Landscaping Tree Storage special use permit application. Eagle Springs will not have a representative present at the hearing, simply and solely because we do not want to engender ill will with out esteemed neighbor, Chris Jouflas. We do, however, want to underline several important points: First, and by far most significantly, we are concerned that there not be repeated at Wolcott, through lack of sound planning, the land use eyesores that were created years ago at Edwards. Second, we believe that only through a review process (and indeed perhaps more in depth than is sometimes the case with special use permit application) will Eagle County be able to address some of the very significant issues that were overlooked at Edwards, such as: Duration of the permitted use (can it continue forever?). Traffic issues, including number of access points as well as transitional traffic lanes. Setbacks. Creation, maintenance and irrigation of landscaping features. Control of "ancillary" uses, such as vehicle and material storage, retail operations and so on. Certainly, I will appear before you, if you so request, to discuss any of these matters in greater detail. Thank you again for your time and attention to this matter. Sincerely, Frederick D. Green, President, Eagle Springs Golf Club." Staff recommended denial as legal access has not been established and storage yards are not permitted in the Resource zone district. Chairman Gallagher asked how the applicant is accessing the property currently. Mr. Simonton stated there is a driveway off of Highway 6 that is separate from the ranch driveway. Chairman Gallagher asked if there was access from the ranch property to this property. Mr. Simonton stated the topography would allow this. Commissioner Stone asked in staff findings is he correct that there are two findings that are negative and the rest are positive. Mr. Simonton answered that is correct. Commissioner Stone asked if the access permit was a finding. Mr. Simonton answered no. It was determined that this use requires an access permit by the Access Code. Commissioner Stone asked if this would have been allowed to continue without access. Terrill Knight, Knight Planning, stated they have been working with staff closely. He introduced Carl Burger, owner of the tree storage facility, Mr. & Mrs. Jouflas, property owners, and Denise Jouflas, daughter and residing in the ranch. He stated this does include ancillary storage and equipment, toilets, parking, etc. He explained all those items that are consistent with tree storage. In looking at this facility, once the violation was delivered, they looked at the property and decided the use is consistent with the Land Use Regulations. What is a tree storage facility. They believe that storage of trees includes those uses. The operation of that facility is a supplement to that business. It is not a retail sales establishment. This is not a business operated on the site other that Mr. Burger's operations. He stated contrary to staff, they believe they do conform to County Regulations and this file would be approved if there was not a complaint. The uses are consistent with the operation. This area is designated for future 14 October 28, 2003 development as a community center. He stated they did not create a new access for this operation. One of the concerns of the County is that CDOT has a rule that every property gets one access. The Highway Department will look at these routinely as to what makes the most sense for the size of the property. He stated they will go through an access plan for this property. He stated the key item today is for Mr. to explain his operation. Carl Burger stated this is for tree storage only. He stated 1 and Y2 years ago he approached Denise Jouflas about using the property. This property had access and several sources of water. This is a landscaping company and he needs tree storage. He stated he has tried to screen his operation from traffic. He stated he needs a storage shed, porta potty, trucks, trailers, etc. He stated he believes he has done a good job. They prune the trees monthly. He stated the real reason for locating this business at this location is the water. Chris Jouflas stated he has owned this property since 1945. All gates and access were in place at that time. With the advent of Vail and the recreation industry, true ranching has become an occupation of the past. They are trying to do something to create an income and fill a need for the area. Trucks are necessary to transport sheep, cattle, landscape materials, etc. The same size trucks also deliver to Eagle Springs Golf Course. Common sense dictates that people and machines must take care of the trees. He stated they do not wish to offend their neighbors. Carl is a hard working honest young man. He hopes the Board approves this application. Mike Cacioppo, Eagle County resident, stated he is hereby endorsing storing trees. He stated this is an issue that liberals and conservatives should be able to agree on. He stated he drives down the road a lot and cannot imagine with all of the acreage, the State only allowing one access on this property. This is a win win win deal and the idea that it is not a retail operation should be more favorable. He stated it would not bother him to see trucks pulling in and out of this location. There is not an issue here. It is a rural highway. Safety is not an issue. He stated he cannot imagine that someone has to get permission to store trees. There used to be tree storage in Vail until a business tax was passed which caused the tree operation to close. Chairman Gallagher closed public comment. Commissioner Stone stated he assumes that Mr. Knight is correct that there is no definition of tree storage in the LUR. Mr. Simonton stated there is no specific definition. He reviewed staffs interpretation. He stated they would like to modify the regulations. Commissioner Stone stated Mr. Knight properly addresses the issue with what is stored. He stated the applicant needs to keep the trash in control. Let's not make it a storage site for the tent trailer. He stated he is not concerned with the highway access. He believes the Board needs to employ common sense. He questioned what the longevity of this permit is. Mr. Simonton stated it is in perpetuity. Commissioner Stone stated GH Daniels is a retail site and there is no accell / decelllanes. If trees are kept around the outside of the property it screens what is happening in the middle. Mr. Burger stated he painted all the sheds and such to match. Commissioner Stone stated he does not make his comments on any other issues but on this application only and they should not be construed to any other SUP. Walt Matthews, Deputy County Attorney, asked if the applicant was the owner of the property. Mr. Knight stated Chris Jouflas is the owner of the property and applied for the SUP. Mr. leases the land. Commissioner Menconi asked the nature of the zoning violation. Mr. Simonton stated tree storage requires administrative review through the limited review process and the telephone call prompted Code Enforcement to visit the site and found no limited review had taken place and a violation was issued. Commissioner Menconi asked if this had not come before the Board would it have been approved or denied. 15 October 28, 2003 Mr. Simonton stated he believes after review the Director of Community Development would have also denied this file based on no legal access. Commissioner Menconi asked if they look at this with other locations around the valley and others allow their property to be broken up into smaller acres, lease the property for whatever reason, what is the process they must go through. Mr. Simonton stated the Limited Review process. Commissioner Menconi stated he is not familiar with commercial uses on properties. It is conceivable that Mr. Jouflas could create 10, 10 acre commercial uses. Mr. Simonton stated the resource zone district schedule does not allow certain uses. There are different processes for different uses. He stated the GH Daniels operation would not be allowed by today's regulations. Commissioner Menconi asked how two access points on a single piece of property occur. Justin Hildrith, Engineering Department, stated this is a ranching property and probably has four or five ranching accesses that are grandfathered in. Commissioner Menconi asked if there was a possibility of creating other access points. Mr. Burger stated that is not a problem for him. Mr. Jouflas stated any access would probably be off of Highway 6. Mr. Simonton suggested they may be able to access through the ranch house property. Commissioner Menconi asked if there was a reason for it to be located where it is. Mr. Jouflas stated the storage was located where it is because ofthe pond. Denise Jouflas stated Mr. Buerger has helped a lot with maintaining the pond. Chairman Gallagher asked about the 35 acre parcels. Mr. Knight stated the lower level is split into two 35 acre parcels. He pointed out on a map the location ofthe meadow. Chairman Gallagher asked if the southerly property included the ranch. Mr. Simonton stated it does not. The ranch was on the northern parcel and the tree storage is on the southern parcel. If the parcels were legally split would that give them another access. Mr. Hildrith answered no because the parcels were be split after the access code went into effect. Chairman Gallagher stated he is trying to understand the landscape business. Mr. Buerger stated he has an office in Eagle-Vail where he does most of his work and this site is tree storage. Chairman Gallagher asked about a semi parking on the highway and off loading trees. Mr. Burger stated they stopped to allow trucks to back into the property but they have never unloaded trees from the Highway. Chairman Gallagher asked if they have improved the access. Mr. Burger stated they have. Chairman Gallagher asked about tree storage in the Resource zone district. Mr. Simonton stated tree storage is allowed and they welcome that. Because ofthe way the regulation was written it has become a point of some discussion. Is it also for contractor storage. Chairman Gallagher asked if this was approved can it be attached to the business and not the land. Mr. Matthews stated that is why he asked who the applicant was. He stated they should make the life of the SUP with the lease. Chairman Gallagher stated his concern is with the access. He stated he is interested in having it attached to the lease. He stated he has a little bit of difficulty of one access. Mr. Hildrith stated they can apply for additional accesses but they must meet the full requirement as stated in the code and not impair the safety of Highway 6 and it be beneficial to the site. Denise Jouflas stated the access seems to not be a problem. She has more people coming in and out of her driveway than on the tree storage lot. Commissioner Menconi stated he wants to assure that this is safe. 16 October 28, 2003 Mr. Hildrith stated the access they are using does not meet the site distance requirements in the access code. Site distance means that someone driving 55 MPH would have enough distance to see someone pulling out and stop, or the one pulling out has enough site distance to see the cars driving down the highway. Commissioner Menconi asked how many employees Mr. has. Mr. Burger stated his employees are seasonal and there are three. Commissioner Menconi stated he is willing to move forward but put some parameters on this file. He does not want to create a precedent. Mr. Matthews stated ifthe Board approves the SUP and attach it to a lease there can be a yearly review. If the lease expires the applicant can come in and request an extension. Mr. Hildrith stated this is a change in use and will require an access permit. Mr. Matthews asked when the applicant applies for the permit is it from CDOT or the County. Mr. Hildrith stated the applicant applies with the County, who reviews the application and approves it then sends it to CDOT who must review and approve it. Mr. Cacioppo stated there is less site distance from the covered bridge than this access point has. Mr. Simonton stated in between the ranch and this site there is steep topography which makes it more difficult to see. Mr. Cacioppo stated what was a usage for sheep, he would have to stop for sheep. Its former use caused more safety issues than what this use does. He stated the Board could require them to turn one direction or the other. At least they would be permitted today and go through additional permit and site distance changes. Commissioner Menconi stated even if approved, this application will have to have access approval from CDOT Mr. Hildrith stated they should be able to make a case that they have several accesses on this property and should not have a problem with this parcel. Commissioner Menconi asked what if they did not get access. Mr. Hildrith stated they would probably write a non-compliance letter which would go to the Attorney General and they would prioritize it. Commissioner Menconi stated he would like to see the approval of the SUP with the business owner rather than the owner of the land. Mr. Jouflas stated he has had 50,000 sheep through the gate so he believes they are grandfathered in. He asked why the SUP should not go with the owner ofthe land. Commissioner Menconi stated Mr. has done a fantastic job, the next lessee may not. He stated he does not want anyone doing something that is not allowed. Mr. Knight stated if it is under the same conditions it would be acceptable. Mr. Mathews asked if the Board approves this today they would have to apply for access. Would all the historical access points go away. Mr. Hildrith stated those would most likely remain grandfathered. They are only concerned with legal access for this operation. Mr. Cacioppo stated it is already difficult to lease anything and ifthe permit is not with the property owner, the owner would have such a burden to find someone to go through the process once again. Government puts such burdens on people's choice to do business. He hopes the Board would reconsider that condition. Mr. Knight stated they do not object to an access plan for the property. Trash on the site they will take care of. He stated the dumpster was full but is routinely dumped. He stated the complaint was that a truck was backing into the property. They have since found space on the property for the trucks to pull into the site as normal and then back to a certain location. Mr. Burger stated CDOT did approach him when he moved onto this site and they had no problem with the operation. 17 October 28, 2003 Chairman Gallagher explained why he wanted to attach the SUP to the lease and not to the property. He stated he is anticipating staff putting tree storage back into resource. Separate from the use is the access. When CDOT says this is a change then this is a change. The access is a hoop they will have to jump through. Commissioner Menconi moved to approve file number LR-00033, Windriver Landscaping, with the following conditions: 1. The Special Use Permit approval goes with the lease and not the property. 2. All recommendations as to management of the area and the applicant's testimony as to how that area will be managed shall be adhered to. Chairman Gallagher suggested an amendment of necessary steps be taken concerning access with the Colorado Department of Transportation. Commissioner Menconi included condition number three in is motion as follows: 3. All necessary steps shall be taken with the Colorado Department of Revenue concerning access to the property. Commissioner Stone stated he is interested in having the file move forward. He stated he is not sure there is a reason to limit the SUP to Mr. Buerger on the lease. If there is a change of use or someone else moved in and used the SUP differently they would be in violation and would have to come before the Board. The same applies for an expanded use. He suggested the SUP only be permitted with the current level and type of use and any change in use would require review. Commissioner Menconi stated the Land Use Regulations allow for tree storage to be handled at an administrative level. Commissioner Stone stated he is suggesting they document how the property is being used today and how it is being kept and if there was a change in that use it would require review by the Board. Mr. Simonton stated it has been represented that three personal cars are parked on the site and a number of other items, would the scale of the business be of concern. Commissioner Stone stated he believes that would be of concern. Maybe the word scale should be added to the condition. Mr. Jouflas stated he does not want to give control of his land to anyone. Chairman Gallagher stated that is not the case. He stated if the current leasee decided to quit, no one else would be able to take over the business without review before the Commissioners. In six or eight months the Land Use Regulations will be changed to add this as a use by right. Commissioner Menconi stated he would like to leave his motion as it is. Commissioner Stone would not second the motion due to the possibility of unintended consequences. Chairman Gallagher seconded the motion. In discussion, Chairman Gallagher stated this is not giving away any property rights. In about 6 months they will eliminate the need for them to come before the Board and ask for permission again. Mr. Jouflas stated the violation was filed against him as the landowner. Chairman Gallagher called for the question on the motion. Commissioners Gallagher and Menconi voting aye and Commissioner Stone voting no. AFP-00178, Eagle-Vail Commercial Center Lot 7 Block 2 Cliff Simonton presented file number AFP-00178, Eagle-Vail Commercial Center Lot 7, Block 2. He stated this was an Amended Final Plat, the purpose of which is to reconfigure condominium unit's 2-C and 2-D by changing the alignment ofthe interior wall that separates them. Unit 2-D will gain approximately 200 square feet, and unit 2-C will lose the same. Pursuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Community Development Director has considered the following in the review ofthis Amended Final Plat: 18 October 28, 2003 a. Adjacent Property. The proposed amendment does not adversely affect adjacent property owners. The site has been posted and eight (8) adjacent property owners have been notified. No phone calls or comments via letter have been received. b. Final Plat Consistency. The proposed amendment is consistent with the intent of the Final Plat; c. Conformance with Final Plat Requirements. The proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d. Improvements Agreement. An improvements agreement is not applicable; and e. Restrictive Plat Note Alteration. A restrictive plat note alteration is not applicable Cliff Simonton highlighted the specifics of the request and showed the Board photos of the site. Staff recommended approval of this application. Commissioner Stone moved the Board approve File Number AFP-00178, Second Amendment, Eagle-Vail Commercial Service Center, Lot 7, Block 2, incorporating Staff findings and authorize the Chairman to sign the plat. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Menconi was not present at this time. AFP-00174, Ladybelle View Subdivision, Lot 2 lena Skinner-Markowitz presented file number AFP-00174, Ladybelle View Subdivision, Lot 2. She stated a 24 ft x 36 detached garage is proposed to built on Lot 2 of the Ladybelle View Subdivision. The area allocated for construction is sited outside the existing building envelope, and within a drainage, debris flow and utility easement. The proposed amended final plat will both modify the building envelope to allow for the garage, as well as to modify the existing debris flow easement, utilizing an existing debris flow deflection ditch. Due to the nature of the easement, Staff requested a geotechnical report be provided by the applicant. Upon receipt of the report (from HP Geotech), Staff then requested the applicant to obtain comment from the Colorado Geologic Survey. Jill Carlson from CGS visited the site, and concurred with the comments form HP stating that, "I visited the McGinnis property on August 28,2003. I agree with Hepworth-Pawlak's July 31,2003, letter describing the potential for debris flows or floods impacting the garage building area as relatively low. According to Mr. Vern Brock, "mitigation improvements (ditch cleaning) have been made to the existing upper dry wash and lower ditch to direct the debris flow potential away from the structure." Considering that the structure is a detached garage and not dwelling space, potential debris flow hazards associated with the small drainages emanating from the western hillslopes should not preclude the proposed final plat amendment." Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. All adjacent property owners were notified for this file. No responses were received from the following adjacent property owners, as supplied by the applicant: Bureau of Land Management, Kummer Development Corp., or Chris Adams. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent ofthe Final Plat. Originally platted in 1988, the intent of the original drainage, debris flow and utility easement in the Ladybelle View Subdivision was to create a swath of land to be used as a buffer; on Lot 1,the buffer is north of the intended building site. HP Geotech and the Colorado Geologic Survey have determined that this particular area of the easement has a low risk of debris flow. 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. 19 October 28, 2003 d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply; however, there is a easement which denotes caution when considering development in this area. The applicant submitted a geotechnical report from HP Geotech which states that the conditions of this property are such that should this proposal be approved, it is likely that, "... the potential for debris flows or floods impacting the garage building area as relatively low..., "and, "... the potential debris flow hazards associated with the small drainages emanating from the western hillslopes should not preclude the proposed final plat amendment. " Staff referred this report to Colorado Geologic Survey which concurred with HP Geotech in their conclusion. J ena Skinner - Markowitz presented photos of the proposed area. Vern Brock, registered engineer representing the applicants, spoke to the Board. He told the Board that the essence of the amended final plat is that the property is subject to debris flow. He highlighted the photos in terms of this debris flow in relation to the ditch. He stated the applicant followed through the standards of Eagle County and hired HP Geotechnical and got concurrence from both parties. There is no impact to the other lots. The applicant owns both lot 2 and lot 3. The covenants do not provide for a 40 by 40 foot garage. Would that possibly be a residence in the future. He stated the protective covenants do not allow for a second residence nor does the Town of Eagle allow for a second water tap. The applicant could build an agricultural building under the current zoning without a permit but chose to go through the amended final plat process because he would like a small restroom in the garage. He would clearly have to put in a slab. This will be a garage and not a living unit. They are relocating the debris flow. He stated the last four out of five have amended the debris flow easement on the west side. Chairman Gallagher asked why a 19,000 square foot building envelope Mr. Brock stated the driveway is steep and this will allow them to turn a horse trailer around. Chairman Gallagher asked is it is illegal to turn a horse trailer around outside of the building envelope. Ms. Skinner - Markowitz answered no. Mr. Brock stated surveying and platting would be the best way. There is no inherent value added to the property in having a bigger building envelope. The garage being at the southwesterly corner with a good boundary around it, sets the stage for those surveyed lines. The 25 foot easement was protected on the north side. Commissioner Stone moved the Board approve File Number AFP-00174, Ladybelle View Subdivision Lot 2, and incorporating Staff findings and authorize the Chairman to sign the plat. Commissioner Gallagher 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 November 4, 2003. Attest: Clerk to the Bo rd ~~~ Chai an 20 October 28, 2003