HomeMy WebLinkAboutMinutes 01/18/05
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PUBLIC HEARING
January 18, 2005
Present:
Am Menconi
Peter Runyon
Jack Ingstad
Diane Mauriello
Pat Magdziuk
Chairman
Commissioner
County Administrator
County Attorney
Deputy Clerk to the Board
Absent:
Tom Stone
Commissioner
this being a scheduled Public Hearing, the following items were presented to the Board of County
CdrtJ.rtJ.issionets for their consideration:
Executive Session
CommiSSioner Runyon moved that the Board of County Commissioners go into Executive Session for the purpose
ofteceiving legal advice concerning the acquisition of real property, specifically Eaton Ranch, which is an
appropriate topic for discussion pursuant to CRS 24-6-402(4)(b). Commissioner Menconi seconded the motion and
it passed unanimously. At the close of the discussion, Commissioner Runyon moved to adjourn from Executive
Session and Commissioner Menconi seconded the motion, which passed unanimously.
In the afternoon, ComIl1issioner Rlfilyonagain moved that the Board of County CortJ.rtJ.issioners go into Executive
Ses'sion for the purposeO! receiving legal advice concerning the acquisition of real property, specifically Eaton
Ranch, which is an appropriate topic for discussion pursuant to CRS 24-6-402(4)(b). CortJ.rtJ.issioner Menconi
seconded the motion and it passed unanimously. At the close of the discussion, Commissioner Runyon moved to
adjourn from Executive Session and CortJ.rtJ.issioner Menconi seconded the motion, which passed unanimously.
~oltSelit Agenda
Chairtnan Menconi stated the first item before the Board was the Consent Agenda as follows:
A. Approval of Bill Paying for the Week of January 17 and January 24,2005 (Subject to review by the County
Administrator)
Mike Roeper, Finance Department
B. Approval of the Payroll for January 20, 2005 (Subject to Review by the County Administrator)
Mike Roeper, Finance Department
C. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for January 4,2005
Teak Simonton, County Clerk and Recorder
D. Agreement between Eagle County and Youth Zone for Family and Child
Kathleen Forinash, Health & Human Services
E. Agreement between Eagle County and Mountain Board of Cooperative Educational Service
Kathleen Forinash, Health & Human Services
F. Agreement between Eagle County and Kato Counseling for Family and Child Services
Kathleen Forinash, Health & Human Services
G. Agreement between Eagle County and John Collins for Services as Special County Attorney for Health &
Human Services: Child and Adult Protective Services
Kathleen Forinash, Health & Human Services
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H. Agreement between Eagle County and John Collins for Child SuppOli Enforcement Legal Services
Kathleen Forinash, Health & Human Services
1. Agreement between Eagle County and Catherine Zakoian, MA PC for Family and Child Services
Kathleen Forinash, Health & Human Services
J. Agreement between Eagle County andbarlene Hoffman for Family and Child Services
Kathleen Forinash, Health & Human Services
K. Agreement between Eagle County and Deborah Wellek-Wolkstein for Family and Child Services
Kathleen Forinash, Health & Human Services
L. Agreement between Eagle County and :Edward Gilliland for Family and Child Services
Kathleen Forinash, Health & Human Services
M. Agreement between :Eagle County and Heart ofthe West Counseling, LLC. For Family and Child Services
Kathleen Forinash, Health & Human Services
N. Agreement between Eagle County, Buchholtz and the Town of Eagle
County Attorney's Office Representative
O. Resolution 2005-004 for Adoption of an Investment Policy
Karen Sheaffer, Treasurer
P. Memotandum ofAgreerrtent between Colorado Department of Transportation and Eagle County for
Temporary Easement at Eagle County Airport
County Attorney's Office Representative
Q. Resolution 2005,-,003 Concerning the AuthonzationofRetail Liquor Stores or Liquor Licensed btugstore~
in the Unincorporated County of Eagle to Conduct On-site Alcoholic Beverage Tastings and Setting Forth
Details in Regard Thereto
County Attorney's Office Representative
Chaitrtlal1 Men(;oni.asked the Attorney's Office if there were any changes to the Consent Agenda.
Diane MaUriello, County Attorney stated that Item N should be pulled, as it is still being circulated for
signattire,and will be rescheduled.
KathleenFonnash explained the Health and Human Service Agreements, Iterns D-M, for the benefit of
Commissioner Runyon.
Cornmissioner Runyoh moved to approve the Consent Agenda for January 18, 2005, consisting of Items A-
Q, with Item N being removed.
Chairtilan Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Planning and Land Use Resolution Consent Agenda
Joe Forinash, CortJ.rtJ.unity Development
A. Resolution 2005-005 Approving an Amendment to the Berry Creek Miller Ranch Planned Unit
Development (Eagle County File No. PDA-00058). The Board of County Commissioners approved this proposal
on January 41\ 2005.
B. Resolution 2005-006 Approving a Site Specific Development for Parcell, Tract D (Miller Ranch) of the
Berry Creek Miller Ranch Planned Unit Development (Eagle County File No. PR-00028). The Board of County
Commissioners approved this proposal on January 4th, 2005
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Comfnissioner Runyon moved to approve the Planning and Land Use Resolution Consent Agenda for
January 18,2005, consisting ofItems A and B.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unanuhOUS.
Minor Subdivision Plat Signing
Cliff Simonton, Comn:lUnity Development
There were no minor subdivision plats for the Board's consideration this week.
Resolution 2005-007 Concerning Appointments to the Citizen's Open Space Advisory
Committee
Keith Montag, CortJ.rtJ.unity Development
Mr. Montag gave the names of proposed committee members and the members they are replacing. fIe
recori1n1ended that the following appointments and reappointments be made: Josh Lautenberg for District 2; _
NewNew Wallace for District 3, Stephen Ellsperman for Basalt, Nicola Ripley for Eagle, and Ron Wolfe for AVon.
Co1:1Unissioher Runyon moved to approve Resolution 2005-007 Concerning Appointments to the Citizen's
Offen Space Advisory Co:rhri1ittee.
ChaitrtlanMenconi seconded the motion. Ofthe two voting commissioners present, the vote was declared
UnanImoUS.
Third Amendment to Subdivision On-Site Improvements Agreement for Miller
Ranch Phase II and III
County Attorney's Office Representative
Ms. Mauriellostatea that this amendment contemplates additional work being done on the infrastructllie
ndallows the County to capture a portion ofthat work for warranty purposes.
Cotl11nissiorrer Runyon moved that the Board authorize the Chaitrtlan to execute this agreement.
Chairtnan Menconi seconded the motion. Of the two voting commissioners present, the vote was declared
unanUllOUS.
2005 Office So.pplyBid
Jamaica Sturhp / Mike Roeper, Finance
Jamaica Stump presented the supply bid. She recommended that the following vendors be selected for
2005: Corporate Express for all general office supplies; Corporate Express Imaging for toner, ink cartridges, and
cleaning supplies; andPaperwise for all of the copy paper. By splitting the bid among the three vendors, the
COUhty will realize a C()st savings over using a single vendor.
Co11:1niissioner Runyon asked how much the savings would be.
Ms. Stump stated that the County would save roughly about 38%.
Comfnissioner Runyon moved to approve the following vendors for Office Supplies: Corporate Express
for all general office supplies; Corporate Express Imaging for toner, ink cartridges, and cleaning supplies; and
Paperwise for all of the copy paper.
Chairman Menconi seconded the motion. Of the two voting commissioners present, the vote was declared
unammous.
Resolution 2005-008 Concerning Homebuyets' Assistance Committee Appointments
KT Gazunis, Housing
K.T. Gazunis spoke to the Board about the Home Buyers' Assistance Comfnittee and stated that it helps
with down payment assistance and mortgage credit certificates. She stated that three of the five vacancies will be
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filled today. She recommended Tam.ara Nottingham Underwood to represent at-large, Ron Niemeyer to represent
the Mortgage Group, and Nichole Magistro to represent at-large. The remainder of the appointments are agreeable
to serving out their terms. They are: Bev Trout, Phil Frank, Kevin Armitage, Gavin Brooke, and Derrick Bretta.
Commissioner Runyon asked who makes the appointments.
Ms. Gazunis gave a history of how these appointments are selected. She stated that they advertise in the
paper, on the website, through direct mail to the lending community, and they notify towns about these openings.
These three people Were the only ones who applied for the five vacancies, so she will be coming back before the
CortJ.rtJ.issioners when the other two vacancies are filled.
Commissioner Runyon moved to appoint to the Home Buyers' Assistance Committee: Tamara Nottingham.
Underwood, Ron Niemeyer, and Nichole Magistro.
Chairman Menconi seconded the motion. Of the two voting commissioners present, the vote was declared
unaminous.
Ms. Mauriello suggested a motion to approve the Resolution as presented in the Commissioners' packets.
Commissioner Runyon moved to approve Resolution 2005-008 Concerning IIomebuyers' Assistance
Committee Appointments.
Chaitrtlan Menconi seconded the motion. Of the two voting commissioners present, the vote was declared
una.ntrnous
Commissioner RunyOn moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Chairman Menconi seconded the motion. Of the two voting commissiOners, the vote was declared
unanImous.
At this point, Chairman Menconi noted for the record that COlnrnissioner Stone was not in attendance at
today's meeting, as he was at the Colorado River District Meeting.
Ea:gleCotfnty Liquor LicenSe Authority
Karen Valas, Clerk and Recorder's Office
Consent Agenda
A.
Dusty Boot Saloon
Beaver Creek, CO
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This is a renewal of a Hotel and Restaurant Liquor license in Beaver Creek. There have been no
complaints or dIsturbances dUnng the past year. All the necessary tees have been paId.
B.
Fitzshnmons Motor Company
El Jebel, CO
This is a renewal of a 3.2% Beet, Off-Premises license in El Jebel. There have been no complaints or
disturbances during the past year. All the necessary fees have been paid.
C. Ray's
Edwards, CO
This is a renewal of a Hotel and Restaurant Liquor license in Edwards. There have been no complaints or
disturbances during the past year. All necessary fees have been paid.
D. Tranl.onti at the Charter
Beaver Creek, CO
This is a renewal of a Hotel and Restaurant Liquor license in Beaver Creek. There have been no
complaints or disturbances during the past year. All the necessary fees have been paid.
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ConunissionerRunyon moved to approve the Liquor Consent Agenda for January 18,2005, consisting of
Items A-D.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
>ther Liquor
A. Alpine Investors, LLC
dba Beaver Creek General Store
REPRESENTATIVES:
LOCATION:
CONCERNS / ISSUES:
Donna and Herb Whalen, owners
46 Avondale Lane Beaver Creek, CO
None
DESCRIPTI()N: This is an application for a new Retail 3.2% Beer, Off-Premises License. This establishment is
located in the Beaver Creek Village in Beaver Creek, CO. The owners run a convenience store and would like to
be able to sell 3.2% Packaged Beer at its establishment.
STAFF REPORT AN]) FINIJINGS:
ESTABLISHING THE NEIGHBORlIOOD
1. During prior discussions the Staff determined that the neighborhood would be based upon a two mile radius
to the proposed.1ocation. Staff recorrtttlends the following neighborhood: A two mile radius including
the Beaver Creek Village and surrounding neighborhoods.
Karen Valas of the Clerk and Recorder's Office presented the application. She told the Board that they
needed to deterrtline the neighborhood, and staffreconunended a two mile radius from the business' location,
"ncluding Beaver Creek Village.
Bryan Treu, Assistant County Attorney, questioned Conunissioner Runyon concerning any conflict of
interest, ashe ha:sha:dbllsiness dealings with the applicant.
Coitlin'issioner Runyon stated that he had not spoken to the applicant about this application, had no
financial interest in the applicant's business, and felt he could make an impartial decision about the application.
Corrtttlissioher Runyon moved that Board establish the neighborhood to include the area within a two mile
radiuSfrorh the location of the Beaver Creek General Store, including the Beaver Creek Plaza and surrounding
neighborhoods;
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
NEEDS AN]) DESIRES OF THE NEIGIIBORlIOOD
1. An members of the Board have been provided with copies of the petition submitted by the applicant. To
date, there have been no protests to this application filed with the Clerk and Recorder's Office. The Board
win consider thereasortable requirements of the neighborhood, the desires of the adult inhabitants of the
neighborhood and whether the existing licenses are adequate to meet these needs and desires, per the
Colorado Liquor Code, Section 12-347-301 (2) (a).
2. There is currently one retail liquor store serving the Beaver Creek Village, and there are no other
establishments selling 3.2% Beer in the Beaver Creek Village.
3. This application is in order, all application requirements have been met, all necessary documents have been
received, and all fees have been paid.
Mr. and Mrs. Whalen will be server trained upon approval of this application, are reported to be of good
moral character, and are over 21 years of age.
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5. Public notice has been given by the posting of a sign in a conspicuous place on the premises and by
publication in the Eagle Valley Enterprise on January 6,2005 and January 13,2005..
6. The premises are not within 500 feet of a location for which, within 2 years preceding the application, a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
The premises are not for the sale offermented malt beverages at retail where, Within one year preceding the
date of the application, a license has been denied at the same location for the reason that the reasonable
requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets.
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The premises are not within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
7. These findings have been made known, in writing, to the applicant and other interested parties, five (5) days
prior to this hearing.
STAFF RECOMMENDATION:
All findings are positive and staff recommends approval.
Ms. Valas stated the needs and desires of the neighborhood. She reviewed the findings, including the
petition, for the Board's benefit. She stated that staff recommends approval.
Mr. Treu concUrred that staff findings were positive.
Chairman Menconi opened and closed Public Comment, as there was none.
Commissioner Runyon moved the Board find that there is a reasonable requirement and desire for the
iSSUance of this licenSe and that the existing licenses do not adequately satisfy these needs and desires and,
therefore,apptove anew Retail 3.2% Beer, Off-Premises License for Alpine Investors, LLC dba BeaverCteek
General Store, b'ased on the testimony, petitions, and evidence submitted today and incorporating the staff findings.
Stich license is to be issued upon the Written findings and decision of this Board and upon a final inspection of the
premises by our Clerk a~d Recorder to determine that the applicant has complied with the site infotmation proVided
today and as may be required by the Colorado Liquor Code and the Colorado Beer Code.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
B. St. Cblre of Assisi
REPRESENTATIVE:
LOCATION:
CONCERNS / ISSUES:
Michelle Maloney, Co-chairperson
31622 U.S. Highway 6 Edwards, CO
None
DESCRIPTION": This is a special events permit application for the annual Mardi Gras Ball to be held at St Clare
of Assisi School on February 5th, from 6:00 p.m. to 12:00 a.m. Staff has had no problems in the past with events
held by the applicant
STAFF REPORT AND FINDINGS:
1. This application is in order, all application requirements have been met, all necessary documents have been
received, and all fees have been paid.
2. The Sheriffs Department, Building Official, and Department of Environmental Health have stated no
problems with this application.
3. Public notice has been given by the posting of a sign in a conspicuous place on the premises on January 7,
2005, II days prior to the hearing.
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4. There have been no protests filed.with the Clerk and Recorder's Office.
STAFF RECOMMENDATION:
All findings are positive and staff recommends approval.
Ms. Valas presented the Special Events Permit for St. Clare of Assisi for its Mardi Gras Ball. She related
that Staff has had no problems in the past with this applicant, and that all findings are positive. Staffreconlmends
approval.
ComrtJ.issioner Runyon moved the Board approve the Special Events Permit application for St. Clare of
Assisi for February 5, 2005, from 6:00 pm to 12:00 am.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
C. Vail Food Services, Inc.
dba Game Creek Club
REPRESENTATlVE:
LOCATION:
Scott O'Connell, Manager
Vail Mountain Vail, CO
DESCRlPTION: This is a Manager's Registration for Scott O'Connell.
STAFF FINDINGS
)> This application is in order, all application requirements have been met, and all fees have been paid.
~ The applicant is reported to be of good moral character, based upon Sheriffs reports.
)> Mt. 0' Connell has been server trained.
CONCERNS / lSSUES:
tECOMMENDATION:
None.
Approval
Ms. Valas stated that Vail Food Services would like to register Scott O'Connell as the Manager of Game
Creek Club.
Mr. Treu told the Board that the application is in order.
Commissioner Runyon asked Mr. O'Connell to review his background in liquor service.
Mt. 0' Connell gave his background, stating that he had been a General Manager at Vail Mountain
establishments since 1999, and that he is familiar with Colorado Liquor Code
Comrnissioner RUllyon moved to approve the manager's registration for Scott O'Connell for Vail Food
Services, Inc dba Game Creek Club.
Chairman Menconi seconded the motion. Of the two voting comrnissioners present, the vote was declared
unanImous.
Commissioner Runyol1 moved the Local Liquor Licensing Authority approve the manager's registration for
Scott O'Connell of Vail Food Services, Inc., dba Game Creek Club.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
D. Vail Valley Charitable Fund
Mr. Treu spoke to the Board about Vail Valley Charitable Fund's application for a Special Event Permit.
He stated that the normal hearing would be scheduled for January 25th, but the Commissioners' meeting for that day
has been cahcelled. He asked that Don DuBois be appointed as the administrative officer for this event, so that the
application could be processed in time.
Chairman Menconi stated he was agreeable to that, as Vail Valley Charitable Fund had done several events
III the past with no complaints or problems recorded.
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1/18/05
Commissioner Runyon moved to appoint Don DuBois as the administrative officer to perform the function
of the local1iquor license authority regarding the Special Events Permit application of the Vail Valley Charitable
Fund set for February ll, 2005.
Chairman Menconi seconded the motion. Of the two voting commissioners present, the vote was declared
unammous.
CoIIlfiiissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene
as the Board of County Comttlissioners.
Chainnan Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Phm.I1.ing Files
AFP-00204 Eagle Vail Commercial Center Excel Energy Site and Subdivision Improvements
Agreement
Adam Palmer, CortJ.1TI:l1Iiity Development
NOTE:
ACTlON:
Tabled from 12/14/04. Request to be tabled to 2/8/05.
Lots 6, 7 and 8, Block 1 of the Eagle Vail Commercial Center (formerly Xcel Energy Site) are to
be reconfigured such that Lot 7 will be subdivided and merged into lots 6 and 8
respectively; vacating previous internal lot lines to create two lots where currently three exist.
LOCATION: Lot 6: 40847 US Highway 6 Lot 8: 40849 US Highway 6
Commissioner Runyon moved to table AFP-00204, Eagle Vail Comttlercial Center EXcel Energy Site and
8ubdiyision Improvements Agreement, at the applicant's request; until February 8, 2005.
Chairthan Menconi seconded the motion. Of the two voting comttlissionerS, the vote was declared
unaillmous.
ZC-00071 and SMA-00024 - Hornbaker Subdivision Lot 4
Adam Paltner, Community Development
ACTION: An illegal nonconforming 4-acre lot was created in 1998. This application is to legalize the lot by
bringing it into Lot 4 ofthe Hornbaker Subdivision which is currently zoned RSL and 1.5 acres in size. Combining
the lots into one 5.5 acre lot will not create any new allowable units by limiting use of the lot to one single family
residence as is currently pennitted for Lot 4.
LOCATION: 0015 Diamond Star Road
TITLE:
EILENO./PROCESS:
OWNER:
APPLICANT:
REPRESENTATIVE:
Hornbaker Subdivision Amendment
ZC-00071/ Zoning Change; SMA-00024 / Minor Type-A Subdivision
Diamond S Ranch, Inc.
Owner
Rick Pylman
STAFF RECOMMENDATION:
ECPC RECOMMENDATION:
Approval
Approval
PROJECT DESCRIPTION
SUMMARY: This application is to combine an illegal nonconforming 4-acre parcel with the 1.5-acre Lot 4 of the
Hornbaker Subdivision, currently zoned Residential Suburban Low Density (RSL). Combining the lots into one
5.5-acre lot will not create additional allowable density. Use is to be limited to one single-family residence as is
currently permitted for Lot 4 of the Hornbaker Subdivision.
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This application requires a Zone Change approval as well as a MinorType-A Subdivision approval. Pursuant to the
Land Use :Regulations [Section 5-200], Minor Type-A Subdivision files are only heard by the Board of County
Commissioners. At the January 5th hearing, the Planning Commission recommended approval for the Zone Change
portion of this file.
;HRONOLOG\'::
1979: Hornbaker Subdivision final plat recorded, creating 4 lots and Parcel A, all zoned RSL,accessed from
Diamond J Drive.
1980: Parcel A ofHoffibaker subdivision resubdivided into 8 residentia110ts.
1998:4-acre parcel irtJ.rtJ.ediately west of Lot 4 purchased by Diamond S Ranch, Inc. from Red Mountain Ranch
Partnership, Ltd. creating an illegal nonconforming 4-acre lot in the Resource zone district.
SITE DATA:
Sutrounding Land USes / Zoning:
East': Residential/Residential Suburban Low Density
West: Agriculture / Resource
North: US Highway 6; Railroad corridor; Agricultural / :Resource
South: Agriculture; Residential/Resource
EXisting Zoning: Resource / RSL
Proposed Zoning: RSL
Proposed No. of
DweIlil1g Units: No new development proposed; currently allowed uSes by right pursuant to the Land Use
:Regulations RSL zoning for Lot 4 in Hornbaker subdivision include single-family, duplex, or mu1ti~fartJ.ily
dwelling.
Total Area:
Vater:
Sewer:
Access:
5.5 acres
Private cortnr1on well
Individual Sewage Disposal System
Diamond Star Road
STAFF REPORT
REFERRAL RESPONSES:
Eagle County Engineering Departl11el1.t
. See cortnr1ents dated December 3, 2004.
Eagle County Surveyor
. Technical comments with respect to the final plat.
EagleCotllity Wildfire Mitigatiol1. Specialist
. The existing parcel is located in a Low Wildfire Hazard area and no substantial mitigation is necessary,
see comments November 29,2004.
Eagle County Address CoOrdil1.ator
. The recommended address for the parcel from the Eagle County Address Coordinator is 00 l5 Diamond
Star Road.
State of Colorado Water Resource Engineer
. No well permit number was identified to establish legality of common well, see comments
December 3, 2004.
Eco~ Trails Planner
. Request for pedestrian and bicycle easement, see comments submitted December 22, 2004.
~dditional Referral Agencies: Eagle County Assessors, Eagle County Attorney, Eagle County Environmental
Health, Eagle County Road & Bridge Department, Eagle County Weed and Pest Control, Eagle County Housing
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Department, ECO Transit, Colorado Department of Transportation, Colorado Division of Water Resources,
Colorado Division of Wildlife, Eagle River Fire Protection District, Holy Cross Energy, KN Energy, Century Tel,
Colorado Historical Society, Eagle County Historical Society, and Town of Eagle.
DISCUSSION:
Pursuan.t to Eagle County Land Use Regulations Section 5-290.G.1. Standards for the review of a Type A
Min.ot Subdivision:
STANDARD: Consistent With Master Plan. [Section 5-290.G.1.a.] - The proposed subdivision shall be consistent
with the Eagle County Master Plan and the FLUM of the Master Plan.
EAGLE COlJNTY MASTER PLAN
Xl
x2
x
x
x
x
Xl ~.Does not negatively. affect open corridors between communities, public access to Eagle River, or creation of
county-wide mtllti-usetrtlil system.
x..z~ Site is locatedilla,ri area designated as Rura,l on the Future Land Use Map (FLUNt:). While an RSL-zoned
property is not considered to be Rural, the expansion of a lot within the already-approved subdivision that does not
add additional units lowers the density of the subdivision, making it more rural in nature. However, the proposal
does request up"zolling 4 acres of Resource-zoned land into RSL zoning. Since no additional dwelling units are
proposed than have already been approved in the subdivision, staff determination is that the application is in
cOllfotrtlance with the PLUM.
EAGLECOUNTYOPEN SPACE PLAN
Xl
x2
x3
x4
x5
x
x
Xl - Proposed subdivision is sensitive to open space values.
x2 - Proposed subdivision is compatible with the preservation ofthe visual quality of Eagle County.
x3 ~ Proposed subdivision is in an existing residential development.
x4 - Proposed subdivision does not encourage development on steep slopes or which present natural hazards.
x5 ~ Proposed subdivision is compatible with critical wildlife habitat in the area.
[+] FINDING: Consistent with Master Plan. [Section 5-290.G.l.a.]
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The PUD IS consistent with the Master Plan, and IS consistent with the Future Land Use Map
(FLUM).
StANDARD: Consistent with Land Use Regulations. [Section 5-290.G.1.b.] - The proposed subdivision shall
:omply with all of the standards of this Section and all other provisions of these Land Use Regulations, including,
but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards.
ArtiCle 3, Zone Districts
[+] The proposed lot complies with all of the standards and provisions of the Land Use Regulations, including
Article 3, Zone Districts.
Article 4, Site Development Standards
[+] Off-Street Parking and Loading Standards (Division 4-l)
fheproposed lot complies with all of the standards and provisions ofthe Land UseR.egulations, inclu.ding Division
4-1, Off-Street Parking and Loading Standards.
[+] Landsca\Jingand lllurtlination Standards (Division 4-2)
The proposed lot complies with all of the standards and provisions of the Land Use Regulations, including Division
4-2, Landscaping and lllutnination Standards.
[+] Sign Regulations (Division 4,,3)
No signage is proposed as a part ofthisapplication. The Owner will be required to conform with Division 4-3, Sigll
RegUlations as applicable.
~+l 'Natural..Resource Protection8taridards (Division 44)
The proposed lot complies with all of the standards and provisions of the Land Use Regulations, including Division
4-4, Natural Resource Protection Standards.
No wildfire haza.rdmitigation is required. The site is not located within an area of possible ridgeline impacts.
[n/a] Comtllercial and Indu.strial Performance Standards (Division 4-5)
The proposed lot is for residential use; the provisions ofthis Division are not applicable.
[+] Improvement$tandards (Division 4-6)
There are no pu.blic improvements or driveways proposed as a part ofthis application. The owner will be required
to confonn. to all ofthestandards and provisions of Division 4-6, Improvement Standards.
[+] Impact Fees and Land Dedication Standards (Division 4-7)
[n/a] School Land Dedication Standards (Section 4-700) - No additional units are proposed by this application;
School Land Dedication Standards are not applicable to this file.
[+] Road Impact Fees (Section 4-710) - Payment of road impact fees will be required pursuant to this Section at the
time any subsequent building permits are issued.
[+] FINDING: Consistent with Land Use Re
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Section 5-290.G.1.b.]
It.HAS been demonstrated that the proposed subdivision complies with all of the standards of this
Section and all other provisions of these Land Use Regulations, including, but not limited to, the
applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards.
STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c.] - The proposed subdivision shall be
located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services,
or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development.
(1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's
service plan or shall require prior County approval of an amendment to the service plan.
Proposed road extensions shall be consistent with the Eagle CountyRoad CaDital Improvements
Plan.
(2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of
the service area in order to both avoid future land disruption, and the necessity of upgrading
under-sized lines.
No additional development is proposed by this lot creation. Therefore, no inefficiencies have been identified.
[+]FINDING: Spatial Pattern Shall Be Efficient. [Section 5-290.G.l.c.]
The proposed subdivision IS located and designed to avoid creating spatial patternS that cause
inefficiencies in the delivery of public services, or require duplication or premature extension of
public facilities, or result in a "leapfrog" pattern of development.
stANDARD: Suitability for Development. [Section 5-290.G.1.d.] -The property propoSed to be subdivided shall
be suitable for development, considering its topography, environmental resources and natural or man-made
hazards that may affect the potential development of the property, and existing and probable future public
improvements to the area.
The proposed bu.ildable area fot the lot to be created by this file possesses suitable topography, and does not appea
to possess environmental resources or hazards that would preclude its development.
[+] FINDING: Suitabilityfor Development. [Section S-290.G.1.d.]
The property IS suitable for development, considering its topography, environmental resourceS and
natural or man-made hazards that may affect the potential development of the property, and
existing and probable future pu.blic improvements to the area.
STANDARI>: ComjJatible with Surrounding Uses. [Section S-290.G.1.e] -The proposed subdivision shall be
compatible with the character of existing land uses in the area and shall not adversely affect the future development
of the surrounding area.
The proposed parcel is. immediately west of 11 RSL-zoned residential properties in the Hornbaker subdivision. It is
also adjacent to Resource-zoned property used for agricultural/residential uses. It is compatible with the
surrounding land uses.
[+] FINDING: Compatible With Surrounding Uses. [Section S-290.G.1.e.]
The proposed subdivision IS compatible with the character of existing land uses in the area and
SHALL NOT adversely affect the future development of the surrounding area.
STANDARD: Improvements Agreement. [Section 5-290.G.1.f.] - The adequacy of the proposed Improvements
Agreement, where applicable.
No public improvements are proposed on the proposed parcel. An hnprovements Agreement is not required.
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[+] FINDING: Improvements Agreement. [Section 5-290.G.1.f.] - An Improvements Agreement
is NOT required.
STANDARD: Conformance with Final Plat Requirements. [Section 5-290.G.1.g.] - Its conformance with the
'inal Plat requirements and other applicable regulations, policies, standards, and guidelines.
The final plat conforms with the requirements of this Section and other applicable regulations, policies, standards,
and guidelines.
[+] FINDING: Conformance with Final Plat Requirements. [Section 5-290.G.1.g.] - The Final
Plat DOES conform with the Final Plat requirements and other applicable regulations, policies,
standards, and idelines.
REOlJIREMENTS FOR A ZONE C:ElANGE. In Section 5-230.D., Standards, the Eagle County Land Use
Regulations provide that "the wisdom of amending the. . . Official Zone District Map or any other map
incorporated in these Regulations is a matter committed to the legislative discretion of the Board of County
Commissioners and is not controlled by anyone factor." Based on the above analyses and other available
information, Staff makes the following findings as provided in this Section of the Land Use Regulations:
STANI>ARIl:ConsistenCy with MasterPlan: [Section 5-230.D.l ] Whether and the extent to which the proposed
amendment is consistent with the purposes, goals, policies and FLUM of the Master Plan.
See Stafffilldings regarding this standard previously discussed on pages 3 arid 4 of this report.
[+] FINDING: Consistency with Master Plan. [Section 5-230.D.1.] - The proposed arnendment
IS consistent with the purposes, goals, policies and IS consistent with the FLUM (Future Land Use
Map) of the Master Plan.
'TANDARD: Compatible with surrounding uses. [Sectio115-230.D.2.] Whether and the extent to which the
proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the
appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed
zone district.
See Staff findings regarding this standard previously discussed on page 7 of this report.
[+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2.] - The proposed
amendment IS compatible with existing and proposed uses surrounding the subject land, and IS an
appropriate zone district for the land, considering its consistency with the purpose and standards of
the proposed zone district. .
STANDARD: Changed conditions. [Section 5-230.D.3.] Whether and the extent to which there ARE changed
conditions that require an amendment to modifY the use or density/intensity.
The conditions surrounding the parcel have changed since being zoned Resource in 1974. No change in dwelling
units is proposed by this zoning change amendment.
[+] FINDING: Changed conditions. [Section 5-230.D.3.] - There ARE changed conditions that
require an amendment to modify the use ofthe parcel.
STANDARD: Effect on natural environment. [Section 5-230.DA.] Whether and the extent to which the
1roposed amendment would result in significantly adverse impacts on the natural environment, including but not
.imited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands.
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No additional development is proposed by this amendment. The proposed zone change would not result in
sighificantly adverse.impacts On the natural environment.
[+]FINDING: Effect on natul'al.environment. [Section 5-230.D.4.] ~ The proposed amendment
WILL NOT result in significantly adverse impacts on the natural environment, including but not
limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands.
STANDARD: Comlnunity need. [Section 5-230.D.5.] Whether and the extent to which the proposed amendment
addresses a demonstrated community need.
While the 4-acre parcel was created in 1998, eliminating illegal nonconforming lots meets a community need by
creating parcels in conformance with their underlying zone district while not altering the character or allowable
development within an existing subdivision.
[+] FINDING: Community need. [Section 5-230.D.5.] - It HAS been demonstrated that the
proposed amendment addresses a cortJ.rtJ.unity need.
STANDARD: Development patterns. [Section 5~230.D.6.] Whether and the extent to which the proposed
amendment would result in a logical and orderly development pattern, and not constitute spot zoning, and whether
the resulting development can logically be provided with necessary public facilities and services.
The proposed amendment would be in keeping with the current underlying RSL zoning of the Hornbaker
subdivision, resulting in a logical and orderly development pattern. The existing Hornbaker subdivision is provided
withrtecessaty public facilities and services; no new dwelling units are proposed beyond what was originally
approved.
[+) FINDING: Development patterns. [Section 5-230.D.6.] - The proposed amendment WILL
result in a logical and orderly development pattern, WILL NOT constitute spot zoning, and WILL
logically be provided with necessary public facilities and services.
STANDARD; Public interest. [Section 5-230.D.7.] Whether and the extent to which the area to which the
proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to
encourage a new use or density in the area. .
No additional development is proposed by this amendment. The proposed zone change would not result in an
increase in density in the area.
[n/a] FINDING: Public interest. [Section 5-230.D.7.] - Additional Density is not proposed for the
area affected by the proposed amendment.
SUGGESTED MOTIONS: Two motions are required:
Mr. Palmer stated these files are a zoning change and subdivision minor type A. He stated that the request
is to combine an illegal, nonconforming parcel with a lot to bring it into compliance. He gave the chronology on
this property. He pointed out the property on a site map, showed photographs of the proposed site from various
directions. Staff findings are positive and approval is recommended. There are two motions required for this file:
to approve the zone portion of the file and to table the minor type subdivision until the final plat is ready for
signatures.
Rick Pylman, applicant's representative, told the Board this is a housekeeping issue, and the applicant is
not requesting a change in density. He reiterated the history ofthis site with the owners discovering that the access
road and bridge to the property was not on land that the applicant owned. The owner then bought the four acres of
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land in order to own the road and bridge, creating an illegal subdivision. He stated the building envelope on the
new [mal plat is changed from its current site and the building setbacks are changed, also. He said the plat has been
reviewed by the Planning Department, but he is waiting for the plat to be returned with appropriate signatures.
Chairman Menconi asked for public comment but there was none. He asked Mr. Palmer to show the
building envelope.
Mr. Pyltnan stated the new building envelope will be shown on the new mylar plat. He explained the new
>uilding envelope and the reasoning behind the envelope change.
Keith Montag answered Chairman Menconi's questions regarding the location of the building envelope.
He stated that building envelopes are usually associated with planned unit developments only, and most zone
districts rely on setbacks to determine building location, rather than envelopes.
Chairman Menconi questioned Mr. Pylman as to whether this lot will be sold in the near future.
Mr. Pylman said this lot is not for sale. In response to Commissioner Runyon's question about the
con.cerns of adjacent property owner Joe Macy, Mr. Pylman stated the only concern had been about the possible
impact thatthe addition of a 4th house would have on the common well that the homes share. He then stated that a
study is being conducted to determine the viability of creating a well on the fourth lot.
Commissioner Runyon asked how the illegal subdivision could be created without the applicant follow1n.g
proper county regulations.
Mr. Py1man stated that the buyer probably should have gone through the correct channels, and he explained
that when property exchanges hands, the deed conveying the property is not examined by the Planning Department.
However, when the applicant learned that the subdivision was illegal his desire was to make the subdivision legal.
Commissioner Runyon moved the Board of County Commissioners approve File No. ZC-00071, incorporating
staff findings. .
Chairman Menconi seconded the motion. Ofthe two voting commissioners, the vote was declared unanimous.
Commissioner Runyon moved that the Board of County Commissioners table File No. SMA-00024, Hornbaker
Subdivision Lot 4 to February 8, 2005, at the applicant's request.
Chairman Menconi seconded the motion. Of the two voting commissioners present, the vote was declared
unanUTIOllS.
5MB-'00351-Parcel 9, Miller Ranch Final Plat
Joseph Forinash, Community Development
ACTION: A final plat which would subdivide Parcel 9 into Parce19A and Parce19B
LOCATION: 0069 Marble
'tITLE:
FlLENOJPROCESS:
LOCATION:
OWNER/APPLICANT:
REPRESENTATIVE:
Miller Ranch Filing 2, Parcel 9A and Parcel9B
5MB-00351 / Minor Type B Subdivision
Miller Ranch, part of Berry Creek Miller Ranch PUD (aka 0069 Marble)
Eagle County
Berry Creek LLC (Ross Graves)
STAFF RECOMMENDATION:
Approval
pROJECT DESCRIPTION: A final plat which will subdivide Parcel 9 into Parce19A and Parcel9B.
SITE DATA:
Surrounding Land Uses / Zoning:
East: Berry Creek Elementary School / POO
West: Residential / POO
North: Miller Ranch Road / POO
South: Residential / POO
Existing Zoning: POO
Total Area: 2.937 acres
....TAFF FINDINGS: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations the ComrtJ.unity
'evelopment Director has determined the following in the review of this Type B Minor Subdivision:
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a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be subdivided
IS adequate;
b. Confonna.nce with Fillal Plat .Requirements. The subdivision IS in conformance with the Final Plat
requirements and other applicable regulations, policies,. standards, and guidelines; and
c. Ill1provementsAgreell1ellts. A Subdivision Improvements Agreement is NOT applicable to this
application.
PUBLIC NOTICE: Notices have been mailed to 18 adjacent property owners. No responses have been received.
STAFF RECOMMENDATION: Approval
Joe Forinash presented the next file and stated that the applicant is requesting a Type B Minor Subdivision
of Parcel 9, to create Parcels 9A and 9B. Then, in a companion file to be heard concurrently, the applicant wishes
to subdivide 9B to create 20 condominium units. He stated that all of Parcel 9 is owned by Eagle County, and they
must approve the.plat both as owners and as the Board of County CortJ.rtJ.issioners. He stated, if this was approved,
a deed must be recorded conveying Patce19B to the developers. Mr. Forinash stated that something similar had
been done in the past, ahd staff recortJ.rtJ.ends approval. He reminded the Board that two motions were requited, one
to approve the plat as the owners, and the second one to approve the plat as the Board of County Commissioners.
Chaitrtlan Menconi asked for public comment and there Was none.
CortJ.rtJ.issioner Runyon asked Mr. Forinash if Parcel 9 had always been planned with its current density.
Mr. Forinash replied thatit had.
CortJ.rtJ.issioner Runyon asked why Parcel 9A must be separated from Parcel 9B.
Ms. MaUriello replied that Eagle County conveys property to the developer, Berry Creek LLC, and the
developer then conveys the property to the buyers.
CortJ.rtJ.issioner Runyon asked if there were any concerns with the close proximity of the parcel to Berry
CreekMiddle School.
Mr. Forinash stated this has been looked at on several occasions and believes the landscaping would
provide the proper separation.
Mr. Montag stated that the school district has representatives on the Design Review Board, and they are
comfortable with the closeness.
Cotnmissioner Runyon stated this parcel seems very close in his opinion, but if the community had issues
they would be present, so he is willing to accept it.
Corrunissioner Runyon rrioved the Board approve the final flat for Miller Ranch Filing 2, Parcel 9A and
Parcel 9B, and authorize the Chairman to sign the Certificate of Dedication and Ownership.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Commissioner Runyon moved that the Board of County Commissioners approve File No. 5MB-00351 and
authorize the Chairman to sign the plat.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unammous
l
5MB-00352-Miller Ranch Parcel 9B Mill Lofts Phase 3
Joseph Forinash, Community Development
ACTION: A condominium map and final plat which would create 20 condominium units on Parcel9B.
LOCATION: 0069 Marble
TITLE:
FILE NO./PROCESS:
LOCATION:
OWNER/APPLICANT:
Miller Ranch Parcel 9B
5MB-00352 / Minor Type B Subdivision
Miller Ranch, part of Berry Creek Miller Ranch PUD (aka 0069 Marble)
Berry Creek LLC
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REPRESENTATIVE:
Berry Creek LLC (Ross Graves)
STAFF .RECOMMENDATION:
Approval
PROJECT DESCRIPTION: A final plat and condominium map which will create 20 residential condominium
nits and define certain Limited Common Elements and General Common Elements on Parcel 9B of Miller Ranch.
SITE DATA:
Surrounding Land Uses / Zoning:
East: Berry Creek Middle School/Pun
West: Residential / PUD
North: Miller Ranch Road / PUD
Soutll: Residential / PUD
Existing Zoning: PUD
Total Area: 1.944 acres
SIAFFFINDINGS: Pursuantto Section 5-290.G.2 ofthe Eagle County Land Use Regulations the CortJ.rtJ.unity
Development Director has detetrtlined the following in the review of this Type B Minor Subdivision:
a. Access, Water a.nd Sewage. The access, potable water, and sewage disposal on the land to be subdivided
IS adequate;
b. COllform:ance with Final Plat Requirements. The subdivision IS in confotrtlance with the Final Plat
requirements and other applicable reguhltions, policies, standards, an.d guide1in.es; and
c. Improvemellts Agreements. A Subdivision Improvements Agreement is NOT applicable to this
application.
'TAFF RECOMMENDATION: Approval
Joe Forinash presented this file concurrently with SM.I3-00351 and recommended that the Board approve
the plat, even though it has not been received back from the bank, and make it subject to staff's final review of it.
Then the plat would then be brought to the Chairman for his signature. Staff is recortJ.rtJ.ending approval in this
method because the County is parthering the development at Miller Ranch and the first closings on Parcel 9B are
scheduled for January 26th. Ifnot approved ill this manner, the file would have to wait until the February 1st
meeting.
Commissioner Runyon moved the Board approve File No. 5MB-00352 and authorize the Chairman to
sign the plat, subject to staff review and approval of the plat.
Chaitrtlan Menconi seconded the motion. Of the two voting commissioners, the vote.was declared
unammous.
Chairman Menconi adjourned the Board into Executive Session.
Attest:
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