HomeMy WebLinkAboutMinutes 04/12/05 PUBLIC HEARING April 12, 2005 Present: Am Menconi Peter Runyon Torn Stone Jack Ingstad Diane Mauriello DOn DuBois Chairman Commissioner Commissioner County Administrator County Attorney Deputy Clerk to theBoard this being a scheduled Public Hearing, the following items were presented to the Board of County Cornmissioners for their consideration: Executive Session Commissioner Runyon moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice concerning the Colorado River Basin Proposal and the enforcement of Ground Transportation rules and regulations at the Eagle County Airport, and for the purpose of receiving legal advice concerning contract matters between ASW Realty Partners and RA Nelson concerning Miller Ranch, all of which are appropriate topics for discussion pursuant to CRS 24-6-402(4)(b). Commissioner Stone seconded the motion, which passed unanimously. the Board did not discuss the final item concerning Miller Ranch i:n the morning session and, at the close of the discussion, Cornrnissioner Stone moved to adjourn from Executive Session and Commissioner Runyon seconded the motion, which passed unanimously. During the afternoon sessiol1, Commissioner Runyon moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice concerning contract matters between ASW Realty artllers and RANelson concerning Miller Ranch, all of which are appropriate topics for discussion pursuant to 2'RS 24-6-402(4)(b).Commissioner Menconi seconded the motion, which passed unanimously. Commissioner Stone did not participate ,in this Executive Session meeting. At the close of the discussion, Commissioner Runyon moved to adjourn frOm Executive Session and Commissioner Menconi seconded the motion, which passed unanimously. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of Aprilll, 2005 (Subject to Review by the County Administrator) Mike Roeper, Finance Department B. Approval ofPay:toll for Aprill4, 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 March 29, 2005 Teak Simonton, County Clerk and Recorder D. Resolution 2005-43 Regarding Beer and Liquor Licensing Policies and Procedures Teak Simonton, Clerk & Recorder E. Agreement between Eagle County and Richard A. Kesler for the 2005 Fair & Rodeo Brad Higgins, Fair & Rodeo Resolution 2005-44 Concerning Appointments to the Eagle County Weed Advisory Board Brad Higgins, Road & Bridge G. Agreement between the Eagle County and Desired Outcomes 1 4/12/05 Kathleen Forinash, Health & Human Services H. Agreement between Eagle County and Colorado West Regional Mental Health for T ANF Services and Indigent Mental Health Services Kathleen Forinash, Health & Human Services 1. Agreement between Eagle County and Colorado West Regional Mental Health for Emergency Mental Health Services - Human Service Grant Kathleen Forinash, Health & Human Services I. Master Contract between the Colorado Department of Public Health and Environmental and Eagle County for Public Health Services Kathleen Forinash, Health & Human Services Chairman Menconi asked the Attorney's Office ifthere were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that there were no revisions or changes. Chai:trt1an Menconi recognized for County Commissioner Bud Gates, who was in attendance, and thanked him for his past service. Cornrnissioner Stone moved to approve the Consent Agend~ for April 12, 2005, Items A-I. COmmissioner Runyon seconded the motion. the vote was declared unanimous. Planning and Land Use Resolution Consent Agenda Jena Skinner-Markowitz, CoIIlrtlunity Development There were no resolutions for the Board ' s consideration this week. Min'ot SubdiVision Plat Signing , Jena SkiI1ner~Markovvitz, Community Development 5MB~00360. SOilthforkMeadows Phase n; a Re-subdivision of the Future Development Parcel. Southfork Meadows Phase I, a Minor Type B subdivision, the purpose of which is to subdivide the Future Development Parcel, Southfork Meadows Phase I, of the Brett Ranch PUD, creating six (6) residential units and certain common elements (e.g. driveways). Commissioner Runyon moved to approve 5MB-00360, SouthforkMeadows Phase II; a Re-subdivision of the Future Development Parcel,Southfork Meadows Phase I, a Minor Type B subdivision, the purpose of which is to subdivide the Future Development Parcel, Southfork Meadows Phase I, of the Brett Ranch PUD, creating six,(6) residential units and certain common elements (e.g. driveways) and authorized the Chairman to sign the plat. Cornmissioner Stone seconded the motion. The vote was declared unanimous. Western Slope Pro Audio, Inc. and Eagle County for Sound System Upgrades at the Arena and Grandstands at the Eagle County Fairgrounds Jason Hasenberg, Facilities Management Brad Higgins, Fair and Rodeo, summarized the questions raised at the previous meetillg. He stated that, upon review, the proposal is adequate for the Fair and Rodeo's use. In addressing the scoreboard question of Commissioner Stone, Mr. Higgins went over the quotes and could not recommend doing instant replay, as it would not be cost effective. Chairman Menconi asked if the sound system could be integrated to the web and TV station. John DeNardo oflT stated that he went to another provider and got another quote. He stated that the sound system would be similar to Western Slope's and went over the technical details of the proposal. He said it would allow television broadcasting from the Fairgrounds. There is also an alternative to the scoreboard that could show replays. The cost for the television upgrade would be an additional would be $58,000. 2 4/12/05 Jason Hasenberg of Facilities Management stated what changes had been made to the proposal since the previous week, He introduced Scott for Western Slope Pro Audio to the Board, stating that he would be available to answer the Board's questions. the new quote is for a little over $39,700. Chai:trt1an Menconi asked how much was budgeted for this proposal. Commissioner Stone stated that it was a little over $40,000. Chai:trt1an Menconi asked for a clarification of Mr. DeNardo's proposal. Mr. DeNardO clarified the dollar amounts for the Board. CoIIlrtlissionerStone stated that he didn't direct Mr. DeNardo to get a new bid, but to see what would be needed to integrate to the television station and make a recoIIlrtlendation. He is very impressed with the work that Western Slope PrO Audio, Inc. has done so far. Mr. DeNardo stated that when they design a system, they go from the top-down to make sure everything is integrated. That is the reason that he went to another vendor. Clrairrnan Menconi asked if the Western Slope system could be fed into the website and television station. Mr. DeNardo stated that he asked the television station vendor how they would integrate it and was given a response. He then went over the proposal that he gave to the Board members. Chai:tIIlan Menconi asked questions about the proposal and if it was related to television only. Mr. DeNardo concurred and reite:tat~d that it would cost $58,000 to install it. Mr. Ingstad didn't think that it needed to be that expensive. , Chaitrtlan Menconi asked the Pro Audio, Inc: representative his thoughts about making it television- compatible. , Scott stated that there was a broadcast feed component included in his original master proposal of $45,000 that can be connected. CoIIlrtlissioner Runyon asked if the current proposal was $39,000. Scott stated that this was arrived after tweaking the original master proposal. He was willing to accept the tempOrary equipment as a trade in for around $4,900. He also offers a 100% guarantee for his work, and he explained it to the Board. Diane Mamiello, County Attorney, reiterated that the Board could only consider Western Slope Pro Audio; fiC.' s bid today, as there had been not fo:trt1al request for bids published. Chai:tIIlan Menconi recoIIlrtlended that they keep the discussion alive, but wasn't ready to spend, an extra $58,000 on the needed upgrades. Scott reiterated that his proposal does include a broadcast feed in it and would like to review the proposal brought forth by Mr. DeNardo. CommisSioner Stone moved to approve and sign the Agreement between Western Slope Pro Audio, Inc. audEagle County for Sound System Upgrades at the Arena and Grandstands at the Eagle County Fairgrounds. Commissioner Runyon seconded the motion. The vote was declared unanimous. Potential Loan for Capital Improvements at Golden Eagle KT Gazunis, Housing and Mike Roeper, Finance KT Gazunis, Housing Director, suIIlrtlarized this proposal to the Board and talked about the capital imptovernents that were needed at Golden Eagle Apartments. She went over their rnaintenance plans and talked 'about the $100,000 grant received from the Lake Creek Apartments to bring the electrical outlets up to code and to help to partially replace and repair the sidewalks that are chipped and cracked. They still have a $269,000 gap to fill. they have been granted pernission to apply for a loan of up to $30000 at 1 % interest amortized over 30 years or the life of the asset. She stated that they need to apply for a loan application extension or notify the authority of their intent to not apply for the loan by April 15th. Thepro to the loan is that they would receive the money within 90 days. The con is that Golden Eagle can not afford the monthly payment of $84 per month for 30 years. This would require a greater subsidy from the County. She is looking for direction from the Board as to how to proceed. Mr. Ingstad asked how someone would lend them money without having a revenue stream available to pay for the principal or interest. Ms. Gazunis stated that the lender anticipated that the County would subsidize it, but she told the lender .nat the County can not enter into long-term agreements. 3 4/12/05 Mr. Ingstad doesn't think that there is any chance for repayment and doesn't think the County could legally pay for the loan. Today's discussion should focus on the possibility of receiving the loan or the County giving a grant to Golden Eagle. Cornrnissioner Stone thanked Ms. Gazunis for the work that she has done. He agreed with Mr. Ingstad's conclusion. He believes the improvements need to be made, and the Board knew that when they purchased the apartments. He suggests, rather than entering into a loan, which Golden Eagle can't generate the cash flow to repay, that the Board of County Commissioners considers giving a grant to the Golden Eagle Corporation. Chairman Menconi asked what the grant amount would be. Mr. Roeper stated that it would be for $269,000. Chai:trt1an Menconi clarified that the proposal would be for approximately $269,000 in order to finish the capital improvement projects. Commissioner Stone stated that it could be done at one time or spread out over several years. Chairman Menconi stated that Lake Creek Apartments raises substantial funds that could be contributed over several years. Ms. Gazunis gave the reServe figures for Lake Creek Apartments and stated that Lake Creek couldn't give a grant again until sometime in 2006. . COIIlrtlissi6net Stone stated the reserves that need to be kept for Lake Creek because they weren't meeting their debt coverage ratios. Chai:trt1an Menconi asked Mr. Ingstad ifit would be possible to write this loan to have the required revenUe corne from Lake Creek, if it couldn't come from Golden Eagle. Mr. Ingstad concurred but then recommended that Ms. Mauriello consult Jack Gardner to see if it was a possibility. Chairman Menconi asked Ms. Gazunis if, with the loan, Lake Creek Apartinents could guarantee the revenues for Golden Eagle. Ms. Gazunis thought that could be a creative and excellent solution and would be willing to talk to the Lake Creek Board, as it would only be nominally affecting Lake Creek's funds on an annual basis. She thought that this would allow her to apply for the loan application extension. Mr. Ingstadbrought up the potential problems to this solution by using Lake Creek. He stated that they Iiavebeen able to satisfy lenders in the past but worries what will happen if Lake Creek has a bad year. He thinks that this proposal could be done, though. Chairman Menconi would like to explore the other possibilities before committing to a County grant, including possible hybrid solutions. Comrnissioner Stone stated that there is a technical, legal issue involving the surplus funds that would require him and Ms. Gazuilis removing themselves from the Lake Creek vote. Ms. Mauriello went over the legal wording involving the conflict of interest for the benefit of the Board. CoIIlrtlissioner Stone would like the Board to still consider the grant proposal. It's a worthwhile cause and the Board knew these improvements would need to be made at some point. He then stated how the outside grants seem to be drying up. He feels that all other avenues to raise money have been exhausted. He doesn't expect a decision to be made today. Ms. Gazunis stated she would be asking for an extension of the loan application, and then they can explore the various options available. Commissioner Runyon concurred with the discussion that was held by the other commissioners. He asked Mr. Roeper if this money was a capital irnprovement request made last year during the budget hearings. Mr. Roeper stated that it was, but it did not make the fmallist. Commissioner Runyon stated it seems that Lake Creek Apartments are looked at as a cash cow, and intuitively, it seems wrong to him to take from one needy organization to help out another needy organization. He wondered if maybe rents should be lowered there. Chairman Menconi stated that this is an older investment in the portfolio that has been around long enough to start having a positive cash flow. It wasn't always this way, especially in the years 1999 and 2000. He feels that the County should get all the investments up to being sound and successful before they start lowering rents. Commissioner Runyon stated he was looking at this from the renter's point of view and how they might n()t .ke the idea of subsidizing other needy projects. . Chairman Menconi clarified that Ms. Gazunis would request a loan application extension. Ms. Gazunis concurred. 4 4/12/05 Other Mr. fugstad stated that they received direction from Kathleen Forinash of Health and Human Services to enter into an agreement with the Town of Minturn for the Senior Program at a cost of about $6,000 and was looking for the okay from the Board to move ahead. The Board stated it was okay. Chairman Menconi talked about the survey that was being developed for Assisted Living. Mr. fugstad explained this and stated that there were a lot of potential questions, so maybe a work session should be scheduled. It was agreed. After lunch, Chairman Menconi spoke to the high school students that were present for High School -Shadow day and thanked them for their presence. He had some of them speak about what they had experienced throughout the day. Planning Files AF'P-00205 ~_ Beaver Creek Hotel(park Hvatt) Adarn Palmer, CoIIlrtlunity Development ACTION: The applicant is proposing a reconfiguration of the Condominium Map for Beaver Creek Hotel, Park Hyatt of Units C-6, C-7, C-12, C-13 and Hotel Unit. If approved, the request will legally record units as they exist in their Current configuration. No new units or future alterations are created or proposed by this file. 100 East Thomas Place, Beaver Creek Beaver Creek Park Hyatt. Amended Plat and Condominium Map. A Re-configuration of Units c- 6, C-7, C-12, C-13, and Hotel Unit LOCATION: TITLE: FILE 80./PROCESS: PARCEL NUMBER: OWNER: APPLICANT: REPRESENTATIVE: AFP-0020S/ Amended Final Plat 210524120001 Vail Resorts and Beaver Creek Metro District Crescent Real Estate Funding IT, LP Mary Morgan, East West Partllers, LLC STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION SUMMARY: The applicant is proposing a reconfiguration of the Condominium Map for Beaver Creek Hotel, Park Hyatt of units C-6, C-7, C-12, C-13, and Hotel unit. If approved, the request will legally record units as they exist in their current configuration. No new units or future alterations are created or proposed by this file. CHRONOLOGY: 1985: Construction of Beaver Creek Park Hyatt, Building Permit BP.02800. 1990: Condominium Map for Hotel A, Lot 25, Second Amendment to First Filillg, Beaver Creek recorded. SITE DATA: Surrounding Land Uses / Zoning: ldjacent: Adjacent: Adjacent: Adjacent: , Tilman and Paige Fertitta, Unit R-9/PUD Resort Commercial Hyatt Regency Beaver CreekIPUD Resort Commercial John and Rebecca Moore Units R-6, R-7/PUD Resort Commercial Lani Kirsch Revocable Trust Unit R-l/PUD Resort Commercial 5 4/12/05 Adj acent: Adjacent: Phyllis Ackhe 1993 Revocable Trust Unit R-4/PUD Resort Commercial Vail Corp Unit C-16/PUD Resort Commercial Lxisting Zoning: Total Area: Access: Beaver Creek PUD, Resort Commercial units only East Thomas Place STAFF REPORT STAFF' FINDINGS: Pursuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the COminunity Developrnent Director has made the following findings: STANDARD: AdjacentProperty. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. The proposed reconfiguration of the units in this amended final plat is not expected to adversely affect adjacent property owners. No adjacent property owner comments were received regarding this amended final plat file. The following adjacent property owners were notified: Tilrllan and Paige Fertitta, IIyattRegency Beaver Creek, John and Rebecca Moore, Lani Kirsch Revocable Trust, Mark and Janet Levy, Aubrey McClendon, Phyllis A Acklie 1993 Revocable Trust, and Vail Corporation. [+] F~DING: Adjacent Property. [Section 5-290.G.3a.] the Amended Final Plat DOES NOT adversely affect adjacent owners. STANDARD: Final Plat Consisttmcy [Section 5-290.G.3.b.] - Review of the Amended Final Plat to determine lat the proposed amendment is not inconsistent with the intent of the Final Plat. [+] FINDING: Final Plat Consistency [Section 5-290.G.3.b.] The ro osed arnendment IS consistent with the intent of the Final Plat STANDARD: Conformance with Final Plat Requirements [Section 5-290.G.3.c.] - Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. STANDARD: ImpT(jvements Agreement [Section 5-290.G.3.d.] -Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. [n/a] FINDING: Improvements Agreement [Section 5-290.G.3.d.] Ade uateim rovements agreements areNOTAPPLICABLE with this file. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3 .e.] -If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (1) That area for which the amendment is requested 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; or (2) That the proposed amendment is necessary in order to provide landfor a demonstrated community need. en/a] FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive plat note. This finding is not ap licable. 6 4/12/05 Adam Palmer of Cornrnunity Development presented this file to the Board. He gave a PowerPoint presentation summarizing the request. He stated that the applicant proposes a reconfiguration of the Condominium Map for the Park Hyatt Beaver Creek Hotel. Mro Palmer went over the chronology associated with this file and ;howed various pictures and floor plans. Staff findings are positive and approval is recommended. Mary Morgan from East- West Resorts was present to answer questions from the Board. Chai:trt1an Menconi opened public comment. There was none. Chairman Menconi closed public comment. Co:tIl1hissioner Runyon moved to approve File No. AFP-00205, incorporating stafffindillgs and authorizing the Chairman to sign the plat. Com:rnissioner Stone seconded the motion. The vote was declared unanirnous. G-00024Aneela Lane Vacation Justin Hildreth, Engineerillg ACTION: Vacation of the Angela Lane Right of Way in order to make a private road. LOCATION: Angela Lane, off of Lake Creek Road, Edwards TITLE: Vacation of the Angela Lane Right-of-Way OWNER: Eagle County APPLICANT: Angela Lane Homeowners REPRESENTATIVE: Luiza Petrovsky, LKP Engineering, Inc. .-lJMI\l:ARl': ..liisisapetitionfor theVacation oHhe Angela Lane right-of-way. Angela Lane is located in Lake Creek Subdivision Second Filing, off of Lake Creek Road in Edwards (Figure 1). The current right-of-way is public and therefore is sUbjectto the requirements of Section 5-2200 ofthe Eagle County Land Use Regulations, Public, Way and Easement Vacations. . Angela Lane is directly accessed by five residences, as shown in Figure 2. This application is being made by all of the owners who reside on Angela Lane. The applicant is seeking to vacate the 50 foot wide right-of-way, as shown on the attached Lake Creek Subdivision Second Filing Plat (Figll:te 3), so that Angela Lane can be made into a private road. the applicant wishes to make Angela Lane a private road to increase the privacy in the neighborhood and to acquire additional land. This will be accomplished by replacing the cul-de-sac with a hammerhead turnaround, improving the landscaping along the road, and constructing a slight curve to the road. All of the property owners Will gain property with this vacation. However, the owners of Lots 1 and 2 of Lake Creek Subdivision (45 and 54 Angela Lane), Albert and Joyce Beedie and Ann-Margreth Hall respectively, will be the primary beneficiaries of the application by gaining additional land that will not be encumbered by an easernent. All the land the other three owners will gain will be encumbered by the replacement access easement. CHRONOLOGY: 1970- Lake Creek Subdivision, First Filing platted. 1971- Lake Creek Subdivision, Second Filing platted. 1982- Happy Valley Acres platted. SITE.DATA: Surrounding Land Uses / Zoning: 7 4/12/05 East: Residential/Creamery Gulch Ranch West: Residential/Meadow Road Subdivision and Happy Valley Acres lorth: Residential/Lake Creek Subdivision, First Filing South: Residential/Lake Creek Meadows Subdivision Existing Zoning: Rural Residential Water: Cornrnunal Well Sewer: Septic Access: Lake Creek Road STAFF REPORT REFERRAL RESPONSES Eal!le County CommllnitvDevelopment Department · It is Our tlhderstanding that the County's policy is not to vacate public right-of-way unless a compelling reason to do so exists; · Angela Lane leads to a 10 foot wide public utility and pedestrian easement. If Angela Lane is vacated, the public would lose an existing point of access to lands adjacent to the west of the subject property; · ~ the vacation should reserve a connecting easement between Lake Creek Road and the existing public pedestrian easement offofthe end of the platted cul-de-sac bulb; · the Eagle River Fire Protection District should be provided opportunity to review and cornrnent upon the praposed right-of-way vacation. The proposed turn around area may notbe sufficient for maneuvering fire fighting apparatus. EaeleRiver Fire Protection District The Eagle River Fire Protection District submitted a memorandum stating that the proposal meets the access needs "lrernergency equipment. :EiuHe.Colll1tVRoad and Bridl!e Denartment the Road and Bridge submitted a referral response stating that they are not opposed to the proposal. Holy Cross Ji3nerev Holy Cross Energy submitted a referral response stating that they have no objections to the proposal as long as utility easements are retained. The proposal does retain public utility easements. PllblicLetters/Commellts One letter Was received by Ed Mallett who resides at 1356 Lake Creek Road. Mr. Mallett submitted a letter oppoSing the first Angela Lane vacation application that was withdrawn in 2004. He has since met with the applicants and agreed to not oppose the vacation application of Angela Lane, although he does not support the application. In his letter withdrawing his opposition, he made several requests that have been met by the applicant . except one. This is the installation of a parking space at the end of Angela Lane. The applicant does not wish to constrUct the parking space because one does not exist there now and feels that it is not necessary. Staff concurs with the applicant that a parking space is not necessary for the continued use of the Lake Creek pedestrian easement. A copy of each of the referral responses is included in Exhibit A. ISCUSSION: The applicant wishes to make Angela Lane a private road in order to reconstruct the road to gain property and privacy. Angela Lane is currently a 300 feet long gravel road that terminates in a cul-de-sac. The road is proposed to be reconstructed with a slight bend, the cul-de-sac will be replaced with a hammerhead turnaround, significant 8 4/12/05 amOunts of landscaping will be installed, and the road surface will be chip sealed. At the completion of the project, the applicant hopes to have a road with a more rural and private feel. The residents at the western end of Angela Lane, Al and Joyce Beedie and Ann-Margreth Hall, will gain increased privacy by being able to landscape that portion of the cul-de-sac adjacent to their property that will be vacated. Al and Joyce Beedie and Ann-Margreth Hall each will gain approximately 2,500 fe of land. The remaining three property owners will gain land but it will be entirely encumbered with an access easement. A summary of the arnount of land proposed to be transferred is as follows: Owners Donald and Susan Johnson 22 An ela Lane Ulf and Pamela Lindroth 25 An ela Lane Horst and Mary Abraham 35 Ail ela Lane Albert and Joyce Beedie 45 An ela Lane Ann-Margreth Hall 54 Anela Lane Total Gained Land 7,357 S.F. Land not encumbered b an access easement OS.F. 5,763 S.F. o S.F. 784 S.F. o S.F. 3,750 S.F. 2,625 S.F. 2,485 S.F. 3,050 S.F. When a public toad is vacated, Colorado Law requires that the title of the said roadway shall be vested to the oWherS of the abutting land, with each abutting owner taking land to the center of the roadway. Concurrently with the vacation, the property owners will then dedicate a private access easement to ensure continued ingress and egress from all of their lots. The legal descriptions of the portion of land that will be obtained by each property owner and the new access easement are attached to the staff report as Exhibit B. All ofthe property owners that reside on Angela Lane have signed the petition requesting the vacation. It does not ppear that any property owner's legal means ofingtess and egress will be significantly affected by the proposed acation. The vacated public road will be replaced by the private access easement and public utility and pedestrian easement. The private road easement will be 50 feet wide, the same as the existing Angela Lane right-of-way. The homeoWliers who access Angela Lane will assume maintenance of the private road. A maintenance agreernent stipulating these requirements, signed by all ofthe Angela Lane homeowners will be recorded at the Eagle County Clerk and Recorder's Office upon approval of this application. The responsibilities of this agreement will transfer with the land in the future. A fifty foot wide pedestrian and utility easement will be dedicated in the same location as the existing right-of-way if the road is vacated. There is an existing pedestrian easement that runs from the end of the Angela Lane cul-de- sac to Lake Creek. This easement will be maintained and extended 70.95 feet to the end of proposed hammerhead turnaround. The new access easement will include a provision which provides for continued use by the public of this pedestrian easement. The proposed access easement for Angela Lane will allow for pedestrians to walk down to the eaSement and for people to be dropped off by vehicles at the end of the hammerhead turnaround. this application has been referred to the utility companies serving this area. Staffhas received a response from Holy Cross Energy stating that the new proposed rights-of-way and easements are adequate. Staff has received phdne calls from KN Energy and Comcast stating that utilities are located underneath Angela Lane and that as long as a utility easement is dedicated they have no objection to the proposal. The primary benefit to Eagle County in vacating Angela Lane is that Eagle County would no longer have to maintain the road, but will still retain the right for utilities and pedestrians to use the road. The applicants have agreed that a gate will not be installed and thus the public will have the same uses that they had before the vacation. Currently, Eagle County maintains Angela Lane as a service to the residents of Angela Lane because it is a public ght-of-way, although Angela Lane provides no benefit to the general populace because it has no potential for _onnectivity to other roads, no potential to serve future developments, nor the potential to provide access to public lands. Since Angela Lane only serves the residents of Angela Lane, it is in the best interest of the public's welfare not to expend monies for maintenance and snowplowing of this short cul-de-sac, and thus to vacate Angela Lane. 9 4/12/05 STAFF FINDINGS: 'he ECLUR standards require that a vacation be demonstrated to be in the general interest ofthe public's health, safety and welfare, not to be in violation of law, to be in compliance with the ECLUR and the Master Plan, and not leave any adjoining land without a means of access to another public road. The following findings are made: 1. The applicant has filed a petition for a vacation of the easements and right-of-way in confo:trt1a.nce with the requirements of Section 5-2200. 2. Proper public notification for the petition has been issued in conformance with Section 5-2200 C.4.a. and the petition is ready for consideration by the Eagle County Board of County Commissioners. 3. the proposed, vacation will not leave any adjoining land without a means of access to another public rOad. 4. The applicant has demonstrated the vacation request to be in the general interest of the public's health, safety and welfare. Justin Hildreth of Engineering presented this file to the Board utilizing a PowerPoint presentation, stating that the applicant wishes to make this a private road. He showed various slides and photographs of the property and went over the potential issues with this application. He then explained the criteria of approval for public way and eaSement vacations. Staff findings are positive and Staff and the Planning Commission recoIIlrtlend approval with conditions. AI Beedie and Ulf Lindroth, two owners of property along Angela Lane, were present and were comfortable with the conditions set forth. Chai:trt1an Menconi opened public COIIlrtlent. Ed Mallett, nearby property owner, spoke to the Board. He wanted to make sure the eaSernent extended to Lake Creek Road for both vehicular and pedestrian access. Mr. Hildreth stated that it had been extended and that the mode of access had not been defined and it could oeaccessed by pedestrians or bicycles. Mr. Mallett asked who owned the easement and asked about a gate being placed somewhere On the road. Mr. Hildreth stated that the County owned it and didn't think a gate could be put in anywhere on the toad. Helen Migchelbrink of Engineering suggested that wording be added that no gate ever be installed to preclude acceSs to the road. The applicants were agreeable to this added condition. Commissioner Stone asked what Mr. Mallett's intent was when asking about the gate. Mr. Mallett stated that he wanted Lake Creek preserved and access to it preserved to its original intent. Commissioner Stone stated that he shared Mr. Mallet's concerns. Mr. Mallett asked that a parking spot be placed on the hammerhead turnaround for disabled or elderly people to be able to park, in order that they have a picnic at the creek, if they wanted. He stated that this request had not been addressed, but would like to see it incorporated i:n this application. Commissioner Runyon asked what the current parking situation was. Mr. Mallett stated that there was none. the applicants stated that they had no problem providing a spot, but thought that the road and shoulder was wide enough to allow for a person to pull over to the side of the road. They also would provide a parking space, if required. Chairman Menconi asked Engineering for their opinion. Mr. Hildreth stated that he addressed it in his Staff Report and felt that it wasn't necessary, but feels that this request could be accommodated. Ms. Migchelbrink stated that the general rille is that there is no parking on County Roads unless it is assigned. Due to the low level of traffic on the road, they would not object to there being a spot installed. Mr. Mallett stated that he did request this parking spot in a letter sent to Mr. Hildreth quite a time ago. Chairman Menconi asked Mr. Mallett to point out his house on a map. Mr. Mallett complied with this request and stated that he accessed his home from Lake Creek Road. He welcomes the change and feels it will be completed nicely. Chairman Menconi closed public comment. 10 4/12/05 Commissioner Stone was concerned where parking would be and was not sure as to whether or not there should be parking there. He asked the applicant why they want to do this vacation. Mr. Beedie stated that they want to make this area look more rural by adding trees, and the oil and chip 'urface will keep doWn dust and mud. It is commonly used in the East and around Boulder, and he explained the process behind it. It is a very low maintenance way of paving. CoIIlrtlissioner Stone asked if their improvements would be up to County Standards. Ms. Migchelbrillk stated that the applicant could have improved the road and kept it a County road, but the applicant was looking to gain some land, as well. Because of the public access, it is no detriment to the County in giving up this road. Mr. Beedie stated they were okay with installing a parking space and stated that the users of the pedestrian easement tend to be residents in the neighborhood. They would like to be able to have kept their secret about the pedestrian easement. CoIIlrtlissioner StOne was fine with wherever the location of the parking spot would be. COIl1l11issioner Runyon applauds the applicant for taking on this project. Chai:trt1an Menconi went over the two additional conditions. Mr. Hildreth then read the two new conditions for the Board. There were as follows: A) No gate will ever be installed to preclude access to Angela Lane or the Pedestrian Easement, and B) the applicant will provide one public parking space. Diane Mauriello, County Attorney, was okay with these two conditions. Commissioner Stone moved to approve File G-00024-Ahgela Lane Vacation, subject to the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacation will not be in effect until Quit Claim Deeds for the vacated easements and right-of-way are recorded with the Eagle County Clerk and Recorder. 3. the vacation shall not be effective until the public utility easement and public access easement frorn . Lake Creek Road to the cormnencement of the existing pedestrian easement are recorded with the Eagle County Clerk and Recorder. ' 4. The vacation shall not be effective until a maintenance agreement for the continued maintenance of Angela Lane is recorded with Eagle County Clerk and Recorder. 5. the vacation will not be in effect until the Resolution of the Eagle County Board of County Cornrnissioners approving the vacation is recorded with the Eagle County Clerk and Recorder. The ReSolution will not be recorded until conditions 2, 3 and 4 have been satisfied. 6. No gate will ever be installed to preclude access to Angela Lane or the Pedestrian Easement. 7. The applicant will provide one public parking space. Commissioner Runyon seconded the motion. the vote was declared unanimous. Chairman Menconi complimented the applicants on their effort and willingness to comply. Mr. Mallett also complimented the applicants for the improvements made to the easement. G..00025 Arrowhead River Ranch Drainaf!e Easement Vacation Justin Hildreth, Engineering ACTION: Vacate a drainage easement located on the west end of Arrowhead River Ranch LOCATION: 035635 U.S. 6, Edwards TITLE: Vacation of the Arrowhead River Ranch Drainage Easement 11 4/12/05 OWNER: Eagle County APPLICANT: Architectural Impact, LLC REPRESENTATIVE: Matt Langhorst, High Country Engineering STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: Approval Appr-oval PROJECT DESCRIPTION SlJMMARY: this is a petition to vacate a drainage easement located on the west end of Arrowhead River Ranch. The 30 foot wide drainage easement was originally dedicated to the public on the Arrowhead River Ranch Final Plat. Currently a sto:trt1water quality infiltration gallery is located in the easement with the intent of treatillg the storrnwater before it discharges into the Eagle River. . Architectural hnpact is applying to vacate the drainage easernent because a new house encroached into the easement. The construction of the hOuse did not impact the sto:trt1waterquality infiltration gallery. A replacement easernent will be rededicated on the Final Plat for Lot 3 of Arrowhead River Ranch. The replacement easement will be adequate to contain the existillg stonn water quality infiltration gallery. CHRONOLOGY: 2002 - Sketch and Ptelirninary Plan approved for Arrowhead River Ranch 2002 - Arrowhead River Ranch Final Plat approved. 2003 - First Resubdivision of Arrowhead River Ranch Pun 2004 - Second Resubdivision of Arrowhead River Ranch Pun 2005 ..; third Resubdivision of Arrowhead River Ranch pun ~ITE])ATA: SUrrounding Land Uses I Zonil1g~ East: Residential - Arrowhead at Vail Filing 18 West: Commercial - Miller Ranch Road and XCEL Energy Gas Exchange Parcel North: Open Space - Tract J of the Berry CreeklMiller Ranch pun South: Recreation ~ US 6 and Arrowhead at Vail Golf Course ZOl1ing: Access: Arrowhead River Ranch pun US 6 I Emergency Access to Miller Ranch Road STAFF REPORT REFERRAL RESPONSES: No Referral Responses have been received. DISCUSSION: Arrowhead River Ranch is a 20 lot subdivision located at the intersection of US 6 and Miller Ranch Road in Edwards (Figure 1). Each individual lot is comprised of the house and the land immediately adjacent to it. The remaining land is COIIlrtlon area owned by the homeowners association. Each lot is platted upon the completion of the respective house. Eighteen lots have been platted at this time and the remaining two are under construction. ~he drainage easement that the applicant is requesting to be vacated was dedicated to the public for the purpose of a to:trt1water infiltration gallery in 2002 as part of the Arrowhead River Ranch Final Plat. The infiltration gallery was designed to treat stormwater runoff before discharge into the Eagle River. Infiltration galleries treat . sto:trt1water by allowing it to soak into the soil. Allowing the stormwater to soak into the soil before flowing into 12 4/12/05 the river removes the sediment and some of the nutrients. The infiltration gallery was installed in 2003 during the cOhstruction of most of the public improvements. n the fall of2004, an improvement location certificate indicated that a house, located at Lot 3, encroached up to 9.6 feet into the drainage easement (Figure 2). Upon investigation of the encroachment, it appeared that the stormwater quality infiltration gallery was not impacted by the construction of the house. the applicant isrequestmg that the drainage easement be vacated so that the title of the house is not encumbered by the drainage easement. the applicant will dedicate a replacement easement that will fully contaillthe stormwater quality infiltration gallery and associated features (Figure 3). It is in the public'g best interest to have the easernent clear of obstructions so that the easement can be fully utilized. STAFF FINDINGS: the ECLUR standards require that a vacation be demonstrated to be in the general iriterest of the public's health, safety al1d welfare, not to be in violation oflaw, and to be in compliance with the ECLUR and the Master Plan. The following findings are rnade:, 1. the applicant has filed a petition for a vacation of the easements in confortnarice with the requirements of Section 5-2200. 2. Proper public notification for the petition hasbeen issued in conformance with Section 5-2200 C.4.a. and the petition is ready.for consideration by the Eagle County Board of County Commissioners. 3. The applicant has demonstrated the vacation request to be in the general interest ofthe public's health, safety and welfare. Mr.Hildreth presented this file to the Board, using a PowerPomt presentation to highlight the details ofthe prop'osal. He gave a chronology of the file and showed various pictures and maps to the 'Board. He stated that a house was built into the existing easement, but was not causing any damage to the sto:trt1 drainage. There will be a new easement installed. Staff and Pla:nnillg CoIIlrtlission both recommend approval with conditions. Matt Langhorst and Raul Weidler of High Country Engineering were present to answer the Board's questions. Chairman Menconi opened public comment. There was none. Chairman Menconi closed public comment. Commissioner Runyon asked how the house got built into the easement. Mr. Weidler stated that it was a construction staking issue and it was a mistake made while getting ready to poUr the foUndation. they are asking for forgiveness for their error. Commissioner Runyon stated that, though this vacation sounds minor, he was wary of setting a precedent. He feels that this should have been double checked in the planning stage. CoIIlrtlissioner Stone shared Commissioner Runyon's concerns to a degree, but does believe that this was not intentional on the part of the applicant. Corrtinissionet Rtlhyon rnoved to approve File G-00025-Arrowhead River Ranch Drainage Easement Vacation, ihcorporating the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacation will not be in effect until a Quit Claim Deed for the vacated easement is recorded with the Eagle County Clerk and Recorder. 3. The vacation shall not be effective until the replacement drainage easement is recorded with the Eagle County Clerk and Recorder. 13 4/12/05 4. The vacation will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacation is recorded with the Eagle County Clerk and Recorder. The Resolution will be recorded upon the completion of conditions two and three. 5. The applicant will inspect the stormwater quality infiltration gallery to ensure it is still operating within its ihtended effectiveness. Commissioner Stone seconded the motion. The vote was declared unanimous. Ther:e being no further b 20~ Attest: · Clerk the Board eting was adjourned until April 18, ,; --........--....- 14 4/12/05