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.
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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
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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.
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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.
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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. . .
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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
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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.
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