HomeMy WebLinkAboutMinutes 08/09/05 PUBLIC HEARING August 9,2005 'resent: Peter Rurtyon Tom Stone Keith Montag Diane Mauriello Kathy Scriver Commissioner Commissioner Acting County Administrator County Attorney Deputy Clerk to the Board Absent: Am Menconi Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Conunissioners for their consideration: Executive Session Cortntiissioner Stone moved that the Board go into executive session for the purpose of receiving legal advice on the pending tuh way project which is an appropriate topic for discussion pursuant to c.R.S. 24-6- 402(4)(b). COtntnissioner Runyon seconded the motion which passed unanimously. At the close of the discussion Cotntnissioner Stone moved to adjourn from executive session and Commissioner Runyon seconded the motion which passed unanimously. Commissioner Menconi is out of town and did not participate in the executive Session. Consent Agenda Chairman Pro..tem RUI1yon stated the first item before the Board was the Consent Agenda as follows: Approval of Bill Paying for the Week of August 8,2005 (Subject to review by the County Administrator) . Mike Roeper, Finance Department B. cNCS Grant Amendment for the Retired and SeniorV olunteer Program (RSVP) Kathleen Forinash, Health & Human Services c. Agreement between Eagle County and the Colorado Department of Public Health & Environment for the Women, Infants. and. Children (WIC) Program Kathleen Forinash, Health & Human Services D. Agreement for Professional. SerVices between the County of Eagle, State of Colorado and McMahan and Associates, LL.C. Attorney's Office Representative E. Resolution 2005-098 Amending Resolution No. 2005-051: Resolution Establishing Regular Public Meeting Days. for the Eagle Board of County Cotnmissioners for Fiscal Year 2005 and Establishing Days and Office Hours for County Offices to Transact County Business for Fiscal Year 2005 and Designating Legal Holidays for Fiscal Year 2005 Attorney's Office Representative F. Agreement Between Eagle County and Crawford Construction for Building Volleyball Courts in the Berry Creek Recreation Parcel in Edwards, Colorado Jason Hasenberg, Facilities Management G. First Amendment to Farm Ground and Pasture Lease By and Between Eagle County, State of Colorado and Chris Estes Airport Representative 1 8/09/05 H. Resolution 2005-099 Concerning Appointments to the Eagle Courtty Regional Transportation Authority for the Beaver Creek Resort Company ECO Representative I. Resolution Conferring Power of Attorney Upon Diane H. Mauriello, County Attorney, Walter Mathews, N, Deputy County Attorney, Bryan R. Treu, Assistant County Attorney, and Debbie Faber, Assistant County Attorney, to Act as Attorney in Fact for the County of Eagle, State of Colorado, with Respect to letter of Credit No. 83 in the Amount of $454,555.20 for the Account of Vail Christian Schools Drawn on American National Bank and Expiring on August 15,2005 Attorney's Office Representative J. Resolu:tioil2005-100 Adopting the Multi-Jurisdictional All-Hazards Pre-Disaster Mitigation Plan for Pitkin and Eagle Counties Barry Smith, Emergency Management Chairlllan P.ro-tem Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that Item I be pulled. ComrnissiohetStohe moved to approve the Consent Agenda, Items A-J, excluding item I. Chairman Pro-tern Runyon seconded the motion. Of the two voting commissioners, the vote was deClared unammous. Planning and Land Use Resolution Conse"nt Agenda lena Skinner-Markowitz, Cotntrtunity Development A. Resolution 2005..101 for the Approval of a Special Use Permit For Continuation and Expansion of a Gravel Mining Operation at the Hidden Valley Mine (Eagle County File No. ZS-00126) Cotntnissioner Stone moved to approve the Planning and Land Use Resolution Consent Agenda, Item A. Approval Of a Special Use Permit For Continuation and Expansion of a Gravel Mining Operation at the Hidden Valley Mine (Eagle County File No. ZS"00126) ChairrJ1art Pro-tern Runyon seconded the motion. Of the two voting conunissioners, the vote was declared unanimous. Minor SubdiVision Plat Signing Jena SkihIler-Markowitz, Cotntrtunity Development 5MB..00370, Berry Creek Ranch Filing 2, Lot 16, Block 3. A flnalplat to subdivide Lot 16, Berry Creek RancbFiling 2, Block 3 tocTeate two (2) ~ duplex lots to be known as 16A and 16B. Cortmtissioner Stone moved to approve SMB-00370, Berry Creek Ranch Filing 2, Lot 16, Block 3. A final plat to subdivide Lot 16, Berry Creek Ranch Filing 2, Block 3 to create two (2) 12 duplex lots to be known as 16A and 16B and authorize the Chairman to sign the plat. Chairlllan Pro-tern Runyon seconded the motion. Of the two voting cotnmissioners, the vote was declared unanImous. Final Settlement Agreement between Eagle County and J.P. Trucking, Inc. for 2005 Supplying, Loading and Hauling Road Base Materials Project to Various Eagle County Roads Attorney's Office Representative Ms. Mauriello explained the final settlement agreement to the Board and requested the item to be heard at 11 :00 am for publication reasons, giving an opportunity for any objection to be heard, if any. 2 8/09/05 Chairman Pro-tem Runyon opened public comment. There was none. Public comment was closed. Commissioner Stone moved to the approve the Final Settlement Agreement between Eagle County and J.P. Trucking, Inc. for 2005. Chairllla.n Pro-tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimou.s. Othet Resolution 200:;-102 Appointment of Bryan R. 'freu as County Attorney Commissioner Stone recotntnend that the Board approve Resolution 2005-102 to appoint Bryan R. Treu as County Attorney, replacing Diane Mauriello affective September 1,2005. Mr. Trel1 stated he was honored and would accept the position ChairhlanPro-Tem Runyon seconded the motion. Of the two voting cotntnissioners, the vote was declared unanImOU.s. Planning Files zS..OOI23..... VetizonWireless .Telecommunications Facilitv EI Jebowl. EI Jebel Jena Skirtrter-Markowitz, Community Development ACTION: To install new cellular antennas and related equipment for a roof-top telecortnnunications facility. The antehtlas will be integrated into the architecture of the El Jebowl bowling alley. ."OCATION: 0280 Favre Lane (EIJebowl Bowling Alley) E1 Jebe1 TIThE: FtLlt.NO./PROCESS: Lo.CATION: OWNER: APPLICANT: REPRESENTATIVE: VerizOnWireless ....EI Jebowl, EI Jebel ZS-00123 / Special Use Permit 0280 Favre Lane (El Jebowl, bowling alley); El :rebel Crawford Properties, LLC owner has given Verizon Wireless pertnission to apply Dave/Ann Closser, Closser Consulting PROJECT DESCRIPTION Sth\1:MARy: the applicant desires to construct, operate, and maintain a Te1econununications Facility on private property in EI Jebel. the facilit)' is proposed to consist of new cellular antennas (two (2) sets of four (4) antertnas) to be placed on the roof-top of the El Jebowl a local bowling alley in EI Jebel. The equipment shelter will be constructed at ground level, and be integrated as part of the existing bowling alley structure. Proposed antenna sets Will be masked using new, architectural features (facades) which will be added to the building. CHRONOLOGY: November 2004- Application made to Eagle County for an alternative site in El Jebel. Based on significant historical discoveries at that location, Verizon had to fmd another site. me 2005- The application was amended; the Verizon site now utilizes the El Jebowl (note: the El Jebowl has been n existence for more than eight years). 3 8/09/05 SITKDATA: Surrounding Land Uses I Zoning: East: West: North: South: Unplatted / Commercial General: Crawford Properties, LLC Unplatted / Cotntnercial General: Crawford Properties, LLC Unplatted / Cotntnercial General: Crawford Properties, LLC Valley View Clirtic / Commercial General: Crawford Properties, LLC / ROW: Highway 82 Existing Zoning: Total Area: Water/Sewer: Access: Commercial General Rooftop approximately 14,147 square feet Not applicable Via access utilizing existing driving and parking areas to and for the bowling alley. PLANNING COMMISSION DELIBERATIONS: The Roaring Fork Valley Regional Planning Commission had no real issues with this application. The file was approved as presented by Staff. PLANNING COMMISSION RECOMMENDATION: The Roaring Fork Valley Regional Planning Cotnmission Recommended unanimous approval of file ZS- 00123, incorporating all Staff findings and conditions. STAFF REPORT REFERRAL RESPONSES: Towll of Basalt, memo dated June 14th, 2005: . The Town of Basalt thinks this is a good location for a cellular facility. . Eagle County Staff and Roaring Fork Regional Planning Cotnmission may have more specific recominendations for the site. Division otWildlife, memo dated June 13th, 2005: . Since the construction is limited to a pre-existing building, there should be IIlirtirtlal impacts to Wildlife in this area. Referrals were sent to the following agencies: . Eagle County Assessors, Attorney, Engineering, Environmental Health, Sheriffs Office . Basalt and Rural Fire Protection District, Holy Cross Electric, Qwest ZS-00123: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use PetIIlit: STANDARD: Section 5-250.B.l Consistent with Master Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FL UM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN 4 8/09/05 FLUM - lCo:m.:m.unity Center. TheFufure Land Use Map indicates that the property where the telecoIIltnunications. facility will be located is within the designation of 'Community Center'. Community Centers are typically found along major transportation routes which are accessible public water and sewer, and have not been identified as sensitive lands. This designation promotes Community Centers places where a mix of non- residential activities takes place, including neighborhood cotntnercial activities to serve the population of the Community Center and community-oriented cOIIlIIlercial or service which may serve surrounding areas or the entire County. Telecomrrtunications facilities, as a specific use, are not discussed as part of the CUITent Master Plan. x x x x x The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle County. This particular area of the County is not within an area of unique character. TelecoIIlIIlunications facilities, as a specific use, are not discussed as part of this plan. The Mid Valley Community Master Plan does not address this type of use; but offers insight to the future of this area. Currently the plan states: The EI Jebel/Basalt area is currently the most populous and will continue to 5 8/09/05 experience the highest growth pressures. Telecommunications facilities, such as the proposed application, will enhance the coverage for cellular communications for the growing Basalt community. The Mid Valley Plan also provides recommendations for visual preservation of Emma and Hooks Spur; however, this site is not located with those particular areas ofthe El Jebel/ Basalt area. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with lhe purposes, goals; objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. ST AN])ARD: Section 5..250.B.2 Compatibility. The proposed Special Use shall be appropriate fot its proposed location and compatible with the character of surrounding land uses. This telecoIIlIIlunications facility will be located on a roof-top of a privately owned, established building. This location provides coverage for the EI Jebel area, necessary for enhanced cellular coverage as the previously approved telecotntnuhications facility on Cedar Dr. (2S..00127) does not extend coverage to this area. The applicaIitproposes to mask the anteIlhas behind architectural features. As such, this proposal should not negatively affect any adjacent properties and/or businesses. [+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS com atible with the character of surroundin land uses. STANDARD: Section 5-250.B.3 Zone District Standards. The proposed Special Use shall comply with the standards of the zOne district in which it is located and any standards applicable to the particular use, as identified inSettion 3-310, Review Standards Apvlicable to Particular Residential. Agricultural and Resource Uses and Section 3..330, RevieW Standards Avplicable to Particular Commercial and Industrial Uses. The new Telecommunication Facility will be located in the Cotntnercial General zone district. There are no specific standards for these types of uses found in Section 3-310. [+] FINDING: Zone District Standards. . The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential Aftricultural and Resource Uses ST AN])ARD: Section 5..250.B.4 Design Minimizes Adverse Impact. The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. This particular facility is designed using two (2) sets of four (4) panel antenna sectors to be placed on the roof of the El Jebowl. The applicant is proposing to mask the antennas as part of the building by constructing new architectural facades to screen the equipment. The actual equipment shelter will be attached to an existing portion of the building; however, it will be at ground level. The new shelter will look identical to the portion of the building to which it will be attached. Eagle County does not have any architectural design criteria for buildings; Staff recommends that new portions of the building utilizing the same colors and architectural finish materials as are on the existing building. (See Condition 2) This facility does not propose to emit any significant odors, noise, glare or vibrations. 6 8/09/05 [+] FINDING: AS CONDITIONED Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed USe on adjacent lands; furthermore, while the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading,. odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. ' STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. As this facility is slated for an existing building on a previously disturbed site, no impacts are anticipated with this proposal. [+} FIN1>ING: Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize envirohrtlental impacts, and will not cause significant deterioration of water and airresoutces,. wildlife habitat, scenic, and other natural resources. Impact Oil Public Facilities. Theproposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and em'efgency medical services. Theptoposed facility isnotstaffed. Power and telephone are currently available on this property. The existing roads used to access the site are adequate, as traffic to this facility is minimal. [+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, arks, schools, .olice and fire rotection, and emer . ency medical services. jT ANnARD: SeCtion 5-250.B.7 Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develovment Standards. Arlicle.4, Site Development Standards [+] Off..Street Parking and Loading Standards (Division 4..1) The site has adequate area for vehicle turh-around and parking. Landscapilll! and Illumination Standards (Division 4~2) This facility will not need be lit on a regular baSis; landscaping will not be necessary for this facility given it's intent to be incorporated as part of an existing, cotntnercialsite. Sign Regulations (DiviSidn4-3). Wildlife Protection (Section 4-410) There should be no impact to wildlife with this facility. Geologic Hazards (Section 4-420) Wildfire Protection (Section 4-430) Wood Burning Controls (Section 4-440) No wood burning devices are proposed. Ridgeline Protection (Section 4-450) This facility is not located on a ridgeline. Environmental Impact Report (Section 4-460) An Environmentalltnpact Report was not necessary for this Special Use Permit. Cotntnercial and Industrial Perforlllance Standards (Division 4-5) Noise and Vibration (Section 4-520) There will be an back-up generator located with the equipment shelter. As such, noise and vibrations from this facility are minute. Smoke and Particulates (Section 4-530) Smoke and/or particulates in excess of the standards are not anticipated as a result of this development. Heat, Glare, Radiation and Electrical Inteiference (Section 4-540) All Telecommunication facilities must comply with FCC standards (the regulating authority) which require that each telecommunication site be free of interference with other cellular carriers, television and radio stations, etc. Storage of Hazardous and Non-hazardous Materials (Section 4-550) There will be no outside storage of any materials, and no storage of hazardous materials. [+] [+] [+] [+] [+] tn/a] [n/a] [+] [+] [+] [+] [+] l+] 7 8/09/05 [ilia] Water Quality Standards (Section 4-560) [+] Roadway Standards (Section 4-620) No new roads will be created. [ilia] Sidewalk and Trail Standards (Section 4-630) [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) [+] Utility and Lighting Standards (Section 4-670) Water Supply Standards (Section 4-680) [ilia] Sanitary Sewage Disposal Standards (Section 4-690) [ilia] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do not apply. [+) FINDING: Site DevelopmetU Standards. The proposed Special Use WILL fully comply with all a plicable standards in Article 4, Site Develo ment Standards. STANDARD: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. No other provisions ofthe Land Use Regulations are applicable to this proposal for a Special Use Permit. [+) FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics ^ DISCUSSION: Ms. Skitiher-Markowitz presented the applicants request. Her PowerPoint presentation included aerial photos ME! Jebowl and the proposed area for the antenna and equipment shelter. ChairrtIan Pro-tern Runyon opened public cotntnent. There was none. Public comment Was closed Cotntnissioners Stone moved to approve File No. ZS-00123, incorporating the staff findings, and with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The neW portions Mthe El Jebowl including architectural features and equipment shelter, shall utilize the same colors and architectural finish materials as are on the existing building. 3. Applicant (Verizon Wireless) shall notify the Cotntnunity Development Director when altering or modifying equipment on the Telecommunications Facility. Any increase in the number of antennas, or expansion Mthe equipment shelter, may necessitate a new Special Use Permit. Chairman Pro-tern Runyon seconded the motion. Of the two voting cotnmissioners, the vote was declared unanimous. AFP...00219 - Cha.mbers Ranch Parcels ll. Lot 1. Block A Amended Final Plat Jena Skinner-Markowitz, Community Development ACTION: To relocate the existing building envelope. LOCATION: 0380 Wapiti Road TITLE: Chambers Ranch Parcels II, Lot 1, Block A 8 8/09/05 FILKNO./PROCESS: LOCATION: OWNERS: .PLICANT: . . . . PRESEN"TAT1VE: AFP-00219; Amended Final Plat 0380 Wapiti Road, Eagle Joe Wasser Owner Owner PROJECT DESCRIPTION SUMMARY: The intent of this project is to slightly modify and relocate the existing building envelope on Lot 1, Chambers Ranch Parcels IT, Block A. Cllrrelldy,there is a mobile home located on the subject property. The applicant would like to build a single falDily residence; the new residence will replace the mobile home. According to the applicant, it is necessary to IDOVe the existing building envelope as the wildfire hazard is significant where it is currently situated. As aresuIt of moving the envelope, the applicant will accomplish the following: A significant decrease in the wildfire hazard rating; the preservation of the *existing trees on his property; and an increase in the setback of his new residence from 1-70 (further IDitigating noise impacts). There will be no illcrease in the siZe of the envelope. Only the shape of the envelope will be modified to allow the existing mobile home to remain in the envelope (as required) while construction of the new residence coJfill1ences. *Please see attached.aerial photo. 1ft DATA: SurtoundillgLand Uses / Zoning: East: Residential/Resource West: Residential/Chambers Ranch Parcels II PUD North: BLM / Resource South: ROW: 1-70 EXisting Zonillg: Total Area: Water: Sewer: Access: Chambers Ranch Parcels II PUD 6.730 acres Private Private Wapiti Road STAFF FlNDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. All adjacent property owners were notified for this file. No responses were received from the following adjacent property owners, as supplied by the applicant: Robert Dullinger, James and Sally Miller and Ken Ito. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Final Plat. Originally platted in 1987, the intent of the original plat was to create five (5) residential lots. The residential intent of this plat has not changed. 9 8/09/05 c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvelllellt Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. DISCUSSION: Ms. Skinner-Markowitz presented the applicants request. Her PowerPoint presentation included a variety of aerial photos showing the site location. Chairlllafi Pro-tern Runyon opened public cotntnent. There was none. He closed public comment. Cotnrt1issioner Stone moved to approve File No. AFP-00219 Chambers Ranch Parcels II, Lot 1, Block A Amended Final Plat, incorporating the Staff findings and authorize the Chaintian to sign the plat. Chairlllan Pro-tem Runyon seconded the motion. Of the two voting cotnmissioners, the vote was declared unanImous. There being no further business before the Board, the meeting was adjourned until August 16,2005. Attest: / 10 8/09/05