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HomeMy WebLinkAboutMinutes 12/23/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING NOVEMBER 23, 1993 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Jim Fritze Keith Montag Sara J. Fisher Chairman conmissioner conmissioner County Attorney Corrmunity Development Director Clerk to the Board Absent: This being a scheduled Public Hearing the following items were presented to the Board of County conmissioners for their consideration: Work Session, HaDestead Chairman Gates opened the meeting stating the first item on the agenda was a work session concerning the Homestead Development. Keith Montag, Community Development Director, stated the Preliminary Plan was approved in the early 1980's and amended in mid 1980's. He stated the question is if that plan is valid today. He stated the County has gone with the idea as long as there is activity the plan is still in effect. Mr. Montag stated the area in question is South of the South Forty Subdivision. Jim Fritze, County Attorney, stated there are regulations regarding appeals. He stated there is also a procedure for appeals with appropriate notices. Bob Warner, developer, stated he had heard the preliminary plan may not be valid. He stated he disagrees and believes the preliminary plan is still valid and informed the Board he is plannin~ to go onto final plat. Mr. Warner stated if activity is happening durlng a three year period the Preliminary Plan should be considered active. Terrill Knight, Knight Planning, stated it was his understanding of the regulations when the final plat is complete the reliance on the Preliminary Plan still holds true. He referred to various properties including Blue Grouse Club, which clearly did expire. Mr. Knight stated the County must presume once progress has begun the Preliminary Plans are valid. Jim Fritze stated according to section 2.18.03 (1) approval of a Preliminary Plan shall be valid for three years from the date of approval. The approval may be extended by a show of ~ood cause. He stated he wonders if approval of separate filings is dealt wlth as one preliminary plan or if they're reviewed separately. Bob Warner stated he agrees but believes all sixteen blocks is one preliminary ~lan. He stated he has been in front of the Board thirty-six (36) times wlth final plats and he was shocked to learn the ~lan might be in trouble. Mr. Warner stated he proceeded as the market has dlctated by phasing and at no time did they expect to be done in a three year time frame. Chairman Gates questioned if Staff intends to more clearly define this part of the regulations. Mr. Monta~ stated the re~lations are clearly causing confusion and it will be clarifled in the rewrlte of the regulations. He stated language in the PUD section will be rewritten also. Mr. Montag stated concerns that applicants will not come in with a comprehensive plan, making for piece meal development. Terrill Knight stated the assumption has always been if you're moving forward the plan is still in effect. Jim Fritze stated there was a problem with the wording and there needs to be a solution. He asked if the plan does not expire in three years then when does it expire. 1 Chairman Gates stated he hopes this issue is made clear in the rewrite of the regulations. Jim Fritze stated the Board of County conmissioners and Planning conmission and the developer need to be cognizant of phasing. Conmissioner Philli~s asked the name of the project. Mr. Warner stated flling #1 has been platted, filing #2 has not. He stated there is a Preliminary Plan for all 700 acres. conmissioner Phillips stated looking at each final plat there are approximately two years before ~latting. Mr. Fritze stated it is Kelth's decision if the Preliminary Plan has expired or not. Conmissioner Phillips asked if the South 40 Subdivision was included in this plan. Mr. Warner stated the chart on pa~e four (4) refers to the entire plan. Jim Fritze stated filin~ #1 was flnal platted in 1981, filin~ #3 in 1984 and the rest are re-subdivislons or projects within the other fillngs. He stated there was no issues with filing #1 and #3. Jack Lewis, County Manager, asked if the rest of the filings were more issues of financing. Further discussion followed on the expiration of Preliminary Plans. ZS-331-93 V & S Excavating Sid Fox presented file number ZS-331-93, V & S Excavating. He stated the applicant is requesting an extension of their Special Use Permit, to September 24, 1993. He stated Mrs. Griffith, adjacent property owner, has expressed concerns. Mr. Fox informed the Board the Planning Conmission and Staff are reconmending approval. Chairman Gates asked if this application was for removal of soil and questioned if any reclaiming had been done. conmissioner Phillips asked if the reclamation could be finished within a couple of weeks. Mr. Fox stated he was not sure of the completion date. Conmissioner Phillips moved to approve file number ZS-331-93, V & S Excavating, Inc., incorporating Staff's conditions as follows: 01) The application shall be modified to reduce the scope of operations to removal of existing stockpiles. 02) The applicant may be required to terrporarily suspend trucking operations due to weak road sub-grade during the seasonal break-up period and understands that he may be held liable for road damage should he continue to operate during that time period. 03) The applicant shall be required to grade and successfully revegetate all disturbed areas outside of the reservoir with ve~etation compatible to that which existed prior to stockpiling on that slte. Disturbed areas shall be reclaimed no later than December 31, 1993. 04) There shall be no further dishing or removal of soil other than the stockpiles that currently exist. 05) All truckloads shall be managed to prevent windblown dust. 06) The Eagle County Industrial Performance Standards. Section 2.07.07 shall apply, specifically "no dust, noise, odor, glare or vibration shall be proj ected beyond the lot." In this case, land owned by HLEM Investments, Ltd., and the Spring Park Reservoir shall be considered the lot. 07) The hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. and Saturday 10:00 a.m. to 5:00 p.m. 08) This permit shall be subject to County review prior to any assignment or transfer and shall expire on December 31, 1993. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Conmissioner Johnson was not present at this hearing. PD-311-93-P, Blue Ridge PUn Paul Clarkson, Planner, presented file number PD-311-93-P, Blue Ridge PUD. Steve Isom, and Associates, explained the location of the property and stated the project will be completed in phases and will have approximately 21,600 square feet of conmercial space. He stated the applicant would like 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 to switch Phase's I & II. . Paul Clarkson informed the Board this application would be the thlrd change since Staff received the ap~lication. He stated Staff is concerned as neither they nor the Planning COnmlssion have had the opportunity to review the proposed changes. .... .. Jim Fritze stated the process lS deslgned to lnform lndlvlduals ahead of time to allow opportunities to make a decision on the application. Steve Isom spoke of the construction on Ace Lane Road. Mr. Clarkson read Staff's concerns and issues to the Board. conmissioner Phillips stated her understanding of the conditions of the plan had to be met before the applicant could move on. Steve Isom stated it would be a hardship on the applicant to obtain right-of-way on Ace Lane. He stated the owner will not give right-of-way if he does not build. Jim Fritze stated the question is under consideration because of the need for adequate access for emergency vehicles. He stated it is a contested issue and the Board has to make a declsion. He questioned if the circumstances have not changes, is the Board re-deciding on a previous decision. Mr. Isom stated the traffic plan says the connection is not necessary. Phil Scott, Engineering Technician, clarified the traffic study, indicating a connecting road has always been envisioned. He stated phasing was addressed but as short range traffic projections. Mr. Scott stated the traffic study includes all the conmercial area. He stated two accesses are proposed in the study and related the Tucker's could operate adequately if there were no connection. Mr. Isom asked if the applicant could begin their project without right- of-way on Ace Lane. Mr. Scott stated the recommendation was right-of-way should be in place before construction. Chairman Gates asked who pays for the construction. Mr. Scott stated the developer usually pays construction costs. Mr. Isom stated Ace Lane is concerned about others using the ~roperty. Kevin Tucker, applicant, stated he is in favor of the road gOlng all the way through but he has hit a stumbling block with Ace Lane. He stated it is not fair to tie up everything just because someone else has not proceeded. Paul Clarkson stated it is Staff's position construction on Ace Lane was proposed and promised at Sketch Plan. He stated Staff does not want to tie construction of the road to any phase but Phase I. Steve Isom stated if you feel that construction can not begin until the dedication is made the applicant must rely on the Board of County Commissioners to give direction. Jim Fritze stated the Board can attach a trigger to a project from phase to phase, according to section 2.17.02 (3). Mr. Tucker stated he is requesting he build Phase I and the road be tied to Phase II. Mr. Isom stated the applicant does not want to table this application and informed the Board the Planning conmissioners do not want to work with the applicant. He discussed other concerns with Staff's recommendations. Mr. Clarkson stated Staff is looking at approving a road which is not on the land of the proposed project. Phil Scott stated what the applicant is requesting for #9 is logical but without a site plan to review Staff cannot make a change. Mr. Isom continued to review Staff's recommendations. commissioner Phillips asked Staff how square footage was fi~red. Mr. Clarkson stated Staff figures square footage by the entlre building and related Staff would have to remove all common areas from all floors. Commissioner Phillips recommended this matter be tabled until Staff and the developer concur with the proposal. Commissioner Phillips moved to table file number PD-311-93-P, Blue Ridge PUD to D~cember 14, 1993, at the applicants request. Chalrman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. 3 PD-313-93-S/P, El Jabal Texaco Ellie Caryl, Planner, presented file number PD-313-93-S/P, El Jebel Texaco. She read Staff recorrmendations for the Board as follows: 01) Waiver of the requirement for a full Environmental Irrpact Assessment shall be given to scale of the project and the information submitted by the applicant that details why the EA should be waived. 02) Prior to or u~n submittal of the Final Plat, the applicant shall submit the following ltems to County Staff for review and approval as per applicable codes, regulations and pollcies: . a) A drainage study so any drainage or easement issues can be resolved prior to final plat. b) A utility plan, shown on the Final Plat, including all existing and proposed facilities and easements, including those that will be abandoned by this plat and addressing the conments of the local fire district regarding hydrants, line size and fire flows. c) Inclusion of the Final Plat of the El Jebel Road Right-of-Way improvements design, including the lane configuration, necessary amount of ri~ht-of-way dedication, pedestrian improvements on or near the property, and drl veway irrprovements. Construction of the necessary improvements by the applicant is reconmended. d) A note on the plat regarding perpetual access to the 50' easement to the North of the ~roperty that will provide access to El Jebel Road, stated to the satisfactlon of the County Attorney and County Surveyor. Road and landscaping maintenance shall be addressed in the easement language. 03) Stop signs shall be installed per Engineering Department specification at all public street and driveway intersections prior to Terrporary Certificate of Occupance. 04) A revised landscapin~ ~lan shall be submitted with Final Plat. The revised plan shall include addltlonal plantings along the property frontages on El Jebel Road and Highway 82 to mitigate the removal of the mature trees presently located on the site and the reduction in presently required setbacks. At minimum, there shall be a tree planted every 12' on center, alternating between 6' high evergreens and 8' deciduous trees. These may be clustered in selected areas if preferred. Shrubs of a minimum 5 gallon size shall be planted at every 10' on center or clustered if preferred. Species less than 2.5' tall at maturity should be chosen for areas around drive entrances. All other areas shall be planted with trees, shrubs, groundcovers or covered with inorganic landscaping materials. Plant types and quantities presently shown on the development plan may be used to satisfy the above requirement. In all other non-street frontage areas, the landscape design as presently shown shall be the required minimum. The plan shall also show the method of irrigation and include an estimated cost for the landscaping irrprovements. Said landscaping shall be collateralized per the County's improvements collateralization process in association with the Final Plat. 05) Sign square footage for the total of all signs on site is limited 127.5 square feet. 06) General conformance with the style and materials for the building as shown in the submitted elevations, including block or wood siding, windows, pitch roof on the tire/lube shop and an entry treatment for the Texaco building. A metal or plastic fascia band that surrounds the top of the building is not reconmended. 07) Temporary or permanent outside storage of tires or any other business-related materials is not permitted. 08) A drive-through window on the South side of the service station/convenience market building is not permitted. 09) Resolve all referral agencies corrments that can be resolved prior to the Final Plat or prior to building permit issuance as previously stated. 10) Revised development plan showing the curb and gutter for driveways, the new right-of-way line for El Jebel Road, the new FAR and lot coverage based on the property boundaries for the final Texaco site to be submitted to County Staff by 3:00 p.m. Friday, 11/19/93 for the Board of County Conmissioners informational packet. 11) Building heights to be limited to 25' maximum. Planned unit Development Guide to be revised as such. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 12) Building design for the lube and tire sho~ to be revised to show a reduced building height on the side of the buildlng that is adjacent to Highway 82 to mitigate the reduced setback on Highway 82. Steve Isom, Isom and Associates, stated his concern about the responsibility of building on El Jebel Road. He explained the project to the Board. He stated the purpose is to demolish the existing structures located on the site in order to construct a new service station/convenience market and another building which would house a vehicle lube and tire business. Commissioner Phillips asked about the County's policy on developers improvements of roads. Ellie Caryl stated this is a continuation of a policy that has been a long time standing. She stated the County requests the adjacent developer make improvements to the roadway. Phil Scott stated he does not believe the County Engineer expects the El Jebel Texaco project to front the entire improvements fram Highway 82 to the Fire Station. He informed the Board the traffic study does recorrmend the improvements be complete by 1995. Mr. Isom continued to review Staff's recommendations for the Board. Discussion followed on the amount of signage requested. Commissioner Phillips stated the applicant is requesting more space than what the regulations allow. Ellie Caryl stated under the PUD, the applicant can make a request for additional signage. Kevin Tucker, applicant, stated the Aamco Station has at least 100 square feet on their road sign. Discussion continued on Staff recommendations. Paul Clarkson, Planner, stated the Aamco Station has had a history of sign code violations and came before the Board as an appeal. He stated the Board required the applicant to remove the signage and the total amount of signage currently on site is 127.5 square feet. Discussion followed on the proposed signage. Phil Scott stated the improvements shown on the map are recorrmended for the conmercial areas of El Jebel. He stated improvements are necessary as a result of the proposed development. Mr. Scott stated the traffic study shows, as is, the County is currently meeting the needs of the traffic. Ellie Caryl responded to the changes to Staff's recommendations as proposed by Mr. Isom. Number 4, staff will provide the applicant with a total number of trees. She stated the total number of trees required is twenty-eight (28). Number 7, Tucker's have requested they be allowed to construct a 10' x 20' storage facility, fences and screened. Number 10, have been met and requested this condition be stricken from the record. Number 12, includes wording change. Conmissioner Phillips moved to approve file number PD-313-93-S/P, El Jebel Texaco with the conditions as stated and discussed between the applicant and Staff, one, two with the addition of construction of necessary improvements by the applicant is recorrmended, which would include the excel from the Texaco property, left hand turn lane onto El Jebel Road. The rest of item two which would include lid". Three, four with the change Ellie suggested strike at a minimum there shall be a tree planted eve~ twelve feet on center," and include twenty-eight total trees on the two publlc street frontages. In the last paragraph where it says landscape shall be collateralized per the County's improvement the process and association with the final plat, strike final plat and put shall be tied to the building permit. Include five but add "a variance should be consistent with the signa$e of the Aamco station, not specifically 127.5 square feet, only if that lS what the Aamco station legally has, and shall be worked out to have consistent signage, the same as the Aamco station. Number six and number seven shall include terrporary or permanent outside storage of the tires shall be allowed with a small 10' x 20' storage facility which shall be screened. Eight, convenience market building with apt?roval from the Roaring Fork Planning conmission, nine, ten shall be ellminated. Number 11, building heights shall be limited to 25', PUD Guide shall be revised as such. Number 12 shall be added to where it states building that is adjacent to Highway 82, to be feasible to the reduced setback on Highway 82. . . 5 Chairman Gates seconded the motion. In discussion, Jim Fritze stated he is bothered by giving the reconmending authority, i.e. the Planning commission, authority to approve the market building. conmissioner Philli~s stated the words "Board of County conmissioners shall be added to conditlon number eight. Chairman Gates called for the question on the motion. Of the two voting conmissioners the vote was declared unanimous. PD-291-93-F, Riverwalk at Edwards Keith Montag, Community Development Director, presented file number PD- 291-93-F, Riverwalk at Edwards. He stated this application needs to be tabled to December 7, 1993 at 2:30 p.m. at the request of the applicant and Staff. He stated the applicant has been out of town and unable to sign the Subdivision Irrprovements Agreement. Conmissioner Phillips moved to table file number PD-291-93-F, Riverwalk at Edwards, at the ap~licants request, to December 7, 1993 at 2:30 p.m., to allow time for executlon of the Subdivision Improvements Agreement. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Plat & Resolution Signing sid Fox presented file number SM-877-93, First Amendment to Arrowhead at Vail, Filing #16, resubdivision of lots 6, 7, Tract C. He requested the Board sign the final plat. conmissioner Phillips moved to approve and authorize the Chairman to sign final plat, file number SM-877-93, First Amendment to Arrowhead at Vail, Filing #16, resubdivision of lots 6, 7, Tract C. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. sid Fox presented file number SM-884-93, Beaver Creek, Lot 1-A, Block 2, Tract A, Condominium Plat. He recorrmended the Board sign the plat. Conmissioner Phillips moved to approve and authorize the Chairman to sign final plat file number SM-884-93, Beaver Creek, Lot 1-A, Block 2, Tract A. Commissioner Phillips moved to approve and authorize the Chairman to sign final plat file number SM-884-93, Beaver Creek, Lot-A, Block 2, Tract A. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. sid Fox presented file number SM-885-93, resubdivision of Berry Creek Ranch, Lot 22, Block 4, Filing #2. He stated this is a duplex split and does carry the du~lex split caveat. Commissloner Phillips moved to approve and authorize the Chairman to sign final plat file number SM-885-93, resubdivision of Berry Creek Ranch, Lot 22 Block 4, Filing #2. The plat does carry the duplex split caveat. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. sid Fox presented file number SM-888-93, Final plat, resubdivision of Berry Creek Ranch, Lot 17, Block 2, Filing #2. He stated this is a duplex split and does carry the duplex split caveat. Commissioner Phillips moved to approve and authorize the Chairman to sign final plat, file number SM-888-93, final plat, resubdivision of Berry Creek Ranch, Lot 17, Block 2, Filing #2. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. sid Fox presented file number SM-889-93, final plat, resubdivision of Berry Creek Ranch, Lot 15, Block 4, Filing #2. He stated this is a duplex split and does carry the duplex split caveat. conmissioner Phillips moved to approve and authorize the Chairman to sign final plat file number SM-889-93, resubdivision of Berry Creek Ranch, Lot 15, Block 4, Filing #2. This is a duplex split and does carry the duplex 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 split caveat. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Sid Fox presented file number PD-139-93-AF2, Amended Final Plat, Arrowhead at Vail, Filing #22. He stated the purpose of this plat is to amend the lot line between Tract D and Tract E and to change the ditch easement from 30 feet to 20 feet. conmissioner Phillips moved to approve and authorize the Chairman to sign final plat file number PD-139-93-AF2, amended final plat for Arrowhead at Vail, Filing #22. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. sid Fox presented Resolution 93-143, file number LUR-009-93, Land Use Regulations Revision, sections 2.04, 2.05, 2.07 and 2.25. Commissioner Phillips moved to approve Resolution 93-143, file number LUR-009-93, revisions to the Land Use Regulations. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Sid Fox presented Resolution 93-144, file number PD-314-93-S, Ute Creek Subdivision. Commissioner Phillips moved to approve Resolution 93-144, file number PD-314-93-S, Ute Creek Subdivision. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. Sid Fox presented Resolution 93-145, file number PD-241-93-F, Riverwalk at Edwards PUD. Conmissioner Phillips moved to approve Resolution 93-145, file number PD-241-93-F, Riverwalk at Edwards. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until December 7, 1993. :'? /f" '\ ': :.. "",f/.. c-xc;4:ict J.~~V;~>t,/ //' Attest 'i~~t'fci:~7i ,p~y ~91+ 7