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HomeMy WebLinkAboutMinutes 06/21/05 PUBLIC HEARING June 21, 2005 resent: Am Menconi Peter Runyon Tom Stone Keith Montag Diane Mauriello Don DuBois Chairman Commissioner Commissioner Acting County Administrator County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Commissioner Runyon moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice concerning pending litigation in the following water court matters: Eagle County School District RE-50 J, Case No. 03 CW 224, State Parks' Case 03 CW 23; Kummer Development Cases 99 CW 242 and 243 and Upper Eagle Regional Water Authority Case No. 02 CW 403. Also, for the purpose of receiving legal advice and discussing matters which may be subject to negotiations with McMahan and Associates LLC relating to Miller Ranch Housing financial review; for the purpose of receiving legal advice on Liquor Code matters pertaining to Route 6 Cafe and State Bridge Lodge; for the purpose of receiving legal advice on Bair Ranch monitoring negotiations with the Eagle Valley Land Trust; and for the purpose of receiving legal advice on concerning pending litigation regarding Terry O'Neal, as well as discussing the status of negotiations with Kelly Trucking concerning the runway extension, all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and (e). Commissioner Stone seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Session and Commissioner Runyon seconded the motion, Ihich 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 June 20, 2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approval of Payroll for June 23, 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 May 31, 2005 Teak Simonton, County Clerk and Recorder D. Contract for Employers Housing Finance Resource Guide KT Gazunis, Housing E. Resolution 2005-077 Appointing Associate Members to the Eagle County Zoning Board of Adjustment Community Development Staff F. Award Recipient Agreement between the National Forest Foundation and the Eagle County Youth Conservation Corps for the 2005 Matching Grants Program Sharee Wettstein, Administration Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that there were none. 1 6/21/05 Commissioner Stone moved to approve the Consent Agenda, Items A-F. Commissioner Runyon seconded the motion. The vote was declared unanimous. ~lanning and Land Use Resolution Consent Agenda ~ Jena Skinner-Markowitz, Community Development Resolution 2005-078 to Approve the Verizon Wireless at Cedar Drive Telecommunications Facility (Eagle County File No. ZS-000127) Commissioner Runyon moved to approve the Planning and Land Use Resolution Consent Agenda, Item A. Commissioner Stone seconded the motion. The vote was declared unanimous. Minor Subdivision Plat Signing lena Skinner-Markowitz, Community Development 5MB-00355, Eh!:hth Amendment- Beaver Creek Subdivision- Fourth Filin\!: Tract M, Lots 1 and 2~ A Resubdivision of Lot 2 A final plat to subdivide Lot 2, Tract M into three (3) lots to be known as Lots 2, 3 and 4. Commissioner Stone moved to approve 5MB-00355, Eighth Amendment-Beaver Creek Subdivision- Fourth Filing Tract M, Lots 1 and 2; A Resubdivision of Lot 2 and authorized the Chairman to sign the plat. This is a final plat to subdivide Lot 2, Tract M into three (3) lots to be known as Lots 2, 3 and 4. Commissioner Runyon seconded the motion. The vote was declared unanimous. Presentation of Certificate of Achievement for Excellence in Financial Reporting Award to Finance Department Mike Roeper, Finance Director Chairman Menconi read the news release that described the award received by the Finance Department. He thanked the members of the Finance Department for their hard work. Commissioner Stone read the plaque aloud, stating that this was received for work done in 2003. He stated that he was proud of all of the employees for the work that they have done. Mike Roeper, Finance Director, stated that this award recognizes the hard work done by his department and is the sixth straight year that they have won it. Planning File AFP-00209 - Hi\!:hland Park Lots 37A & 37B Joe Forinash, Community Development ACTION: Amended final plat which would adjust the common lot line between Lot 37A and Lot 37B to allow a more favorable placement of a proposed dwelling on Lot 37B. LOCATION: Highland Park, Filing 1, Lots 37A and 37B FILE NO./PROCESS: OWNER! APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: AFP-00209 / Amended Final Plat Karla K. Sjogren Karla K. Sjogren Approval PROJECT DESCRIPTION 'UMMARY: An amended final plat which would adjust the common lot line between Lot 37A and Lot 37B to allow a more favorable placement of a proposed dwelling on Lot 37B, which is somewhat topographically constrained. 2 6/21/05 CHRONOLOGY: .978 - Final plat approved for Highland Meadows Subdivision Filing 1 creating Lot 37. 981 - Final plat approved (by the Town of Vail) for Highland Park Subdivision Filing 1, reconfiguring several lots in Highland Meadows Filing 1 including Lot 37. [Note: Highland Park Subdivision and other subdivisions in the area were subsequently de-annexed from the Town of Vail.] 1993 - Private easement executed by owner of Lot 36 (to the south of Lot 37) granting a driveway access to Lot 37 across a portion of Lot 36. 1999 - Final plat approved which subdivided Lot 37 into Lot 37 A and Lot 37B. SITE DATA: Surrounding Land Uses I Zoning: East: Multi-family I RSM (Residential Suburban Medium Density) West: Residential and commercial (Elliott Ranch / PUD North: Multi-family timeshare (Marriott Streamside) / PUD South: Residential / RSM Existing Zoning: Total Area: Access: RSM (Residential Suburban Medium Density) 1.375 acres (Lot 37A - 0.436 acres; Lot 37B - 0.939 acres) Vermont Road STAFF REPORT STAFF FINDINGS: Pursuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: STANDARD: Adjacent Property. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine if the Jroposed amendment adversely affects adjacent property owners. The following adjacent property owners have been notified: George Truchly; Warren and Maxine Grayboyes; Jessie Edeen; Phillip Radell Family Trust; Greg and Janice Cummings, Marriott Ownership Resort Inc.; and Highland P.U.D. Association. No letters have been received by the Community Development Department. [+] FINDING: Adjacent Property. [Section 5-290.G.3a.] The Amended Pinal Plat DOES NOT adversely affect adjacent property owners. STANDARD: Final Plat Consistency [Section 5-290.G.3.b.] - Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. [+] FINDING: Final Plat Consistency [Section 5-290.G.3.b.] The proposed amendment IS consistent with the intent of the Pinal 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. TANDARD: Improvements Agreement [Section 5-290.G.3.d.] -Adequacy of the proposed improvements greements and/or offsite road improvements agreement when applicable. 3 6/21/05 [+] FINDING: Improvements Agreement [Section 5-290.G.3.d.] An Improvements Agreement IS NOT applicable. TANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] - If the amendment is an alteration of a 'estrictive 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 land for a demonstrated community need. [-] FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive lat note. Joe Forinash of Community Development presented this file to the Board. Utilizing a PowerPoint presentation, he detailed the history of the property and the details of the proposal, showing photographs and maps to the Board. The applicant is seeking an adjusted common lot line between Lot 37 A and Lot 37B that would allow for a more favorable dwelling placement on Lot 37B. Staff findings are positive and approval is recommended. Mr. Forinash handed the Board a copy of the letter received from the adjacent property owner stating his non- objection to the proposal as long as there was a plat note restricting any further subdivision of Lots 37 A or 37B. Mr. Forinash stated that there is no such note on the plat as it is currently presented to the Board. Commissioner Stone asked if the request in the letter was something that the Board could do. Mr. Forinash stated that it seemed unlikely that a further split of Lot 37B would be approved by a Board. Commissioner Stone confirmed that it was merely a request and they could decide whether or not they wished to act upon it. Mr. Forinash concurred. Chairman Menconi asked about the negative finding. Mr. Forinash stated that it should be a positive finding. Karla Sjogren, the applicant, was present to answer the Board's questions. Chairman Menconi opened public comment. There was none. Chairman Menconi closed public comment. Commissioner Stone moved the Board approve File No. AFP-00209, incorporating the Staff findings, and authorized the Chairman to sign the plat. Commissioner Runyon seconded the motion. The vote was declared unanimous. .,.- Attest: C n 4 6/21/05