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HomeMy WebLinkAboutMinutes 01/11/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO FORM 50 HOECKEL'S 387869 RECORD OF PROCEEDINGS PUBLIC HEARING JANUARY 11, 1994 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Jack Lewis Mary Jo Berenato Sara J. Fisher Chairman Corrmissioner corrmissioner County Manager Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County corrmissioners for their consideration: Resolution 94-12 Jack Lewis, County Manager, presented Resolution 94-12, regarding the fo:r:mation of an Open Space Corrmittee. He stated the representatives are as follows: District One District One District Two District Two District Three Avon Representative Vacant at this time Eagle Representative Vacant at this time Vacant at this time Vacant at this time Vail Representative David Cole Marka Mosher Steve Carcaterra Dan Godec Russell Forrest Allen Best corrmissioner Johnson moved to approve Resolution 94-12, approving the fo:r:mation of an Open Space Corrmittee. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve Resolution 94-13, appointing the members of the Open Space Committee as read. Commissioner Johnson seconded the motion. The vote was declared unanimous. Walter Allen Tom Vucich Harold Feder Pat Harrmon Ben Wurtsmith Rich Howard Basalt Representative Jean Johnson ~sum Representati-y-e Mlnturn Representatlve Red Cliff Representative Kendra Boris Ex-Officio Members PD-311-93-P, Blue Ridge POD Paul Clarkson, Planner, presented file number PD-311-93-P, Blue Ridge PUD. He stated this was an application for mixed use development on a 12.955 acre parcel of land located at the EI Jebel Road, Highway 82 intersection. He informed the Board there are two outstanding issues, the extent of construction and collateralization of Blue Lane, and the amount of irrprovements to EI Jebel Road. Steve Isom, I-Plan and Associates, referred to prior meetings with Staff and other entities. He stated it was decided was two phases of development of EI Jebel Road. He showed plats of the two phases. Phil Scott, Engineering Technician, stated Mr. Metternick did suggest the two phased development for EI Jebel Road. Mr. Isom stated the County Engineer has asked the applicant to upgrade EI Jebel Road. Corrmissioner Phillips asked about the Frontage Road. 1 Mr. Isom stated the applicant will dedicate all right-of-way through the Blue Ridge development, Phase I, and collateralize the construction of the frontage road up to the boundary of Blue Ridge Development. He stated the County, would, at final plat, allow the Tucker residence to remain in the right-of-way. Jack Lewis, County Manager, stated Staff has discussed these issues and found this solution did not conform with the original sketch I?lan. He stated the entire road needs to be considered and not just that portlon associated with this project. corrmissioner Johnson stated options have not been submitted and he believes a public hearing should not be the place for negotiations. Mr. Isom stated the letter from Staff dated January 5, 1994 indicates the Tuckers would have to acquire the right-of-way through Ace Lanes I?roI?erty. He stated the Traffic Study states each project stands alone and It lS not necessary for those to be connected. Mr. Isom stated it would be a severe hardship to make the first applicant develop the entire road. Discussion followed on the development of the road. Mr. Isom stated Ace Lane will build in the spring, Kevin Tucker will not. He stated in order for Mr. Lane to obtain a building permit, Mr. Tucker will need to put up approximately $200,000.00 for his road, even though he cannot build until 1995 or 1996. Corrmissioner Phillips stated the Board is not asking for the entire road to be built at this time. She stated they are only asking for a phasing plan. Mary Jo Berenato, DeI?uty County Attorney, stated if the Board allows a condition to proceed to flnal plat, the problem is not being dealt with and the County Regulations would not be followed. Discussion continued on phasing and collateralization of the road from Ace Lane and Kevin Tucker. Phil Scott stated Staff is still not in agreement with the phasing of improvements on EI Jebel Road. Corrmissioner Johnson asked if the square feet under the lower bench portion was changed to 24,000 square feet. Mr. Clarkson answered yes, it was changed and should now read 24,000 square feet. Mr. Clarkson stated i terns two and three need to be switched on the proposal, which deals with phasing. He questioned if condition number nine was to be deleted. corrmissioner Johnson answered no, but that condition should read, at the time of construction, other than Crawford property, which curb and gutter will occur with parking and sidewalk construction. Steve Isom stated condition number five was changed to the collateralization for Blue Ridge Lane, construction shall start within three years of final plat or the money for collateralization would be used to build the road. He stated condition number sixteen should be 10,800 square feet as opposed to 9,600 square feet. Phil Scott stated Staff will be meeting with the traffic engineer to take care of some inconsistencies. Mr. Clarkson requested condition number sixteen reflect a total of ten units on the apartments above commercial shall be 10,800 square feet, for the purpose of collecting school land dedication fees. He stated Staff recommended approval with the following conditions: 01) The phasing plan shall be as follows: PHASE I a) 12 apartment units in buildings 9 & 10 on the overall development plan. b) Commercial building numbers 1 & 2 on the ODP c) All associated, necessary and reguired water, sewer, access, parking, sidewalks, landscaping, lighting, fenclng and public open space improvements d) Dedication and construction of Blue Ridge Lane from EI Jebel Road to the east edge of Phase I e) Dedication and collateralization for three years of Blue Ridge Lane from the east edge of Phase I through the Ace Lane property to the intersection of Hi~hway 82 and the proposed realigned willits Lane. The alignment of this dedlcatlon will be in conformance with that of the Kodiak Park proposal. PHASE II a) 13 apartment units in buildings 11 & 12 on the ODP 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 b) Single family units 3, 4 & 5 on the ODP c) Corrmercial building numbers 3, 4 & 5 on the ODP d) All associated, necessary and required water, sewer, access, Blue Ridge Lane ri$ht-of-way, parking, sidewalks, landscaping, lighting, fencing and publ1C open space improvements. PHASE III a) 20 apartment units in buildings 6, 7 & 8 on the OPD b) Single family units 1 & 2 on the ODP c) All associated, necessary and required water, sewer, access, Blue Ridge Lane right-of-way, parking, sidewalks, landscaping, lighting, fencing and I?ublic open space improvements. 2) Site spec1fic geologic and soils investigations are required for the construction of all infrastructure and all buildings on the upper terrace. The final plat plans and these investigations will be reviewed by the Colorado Geologic Survey. All CGS review fees shall apply. All final plats shall contain I?lat note language to the effect. 3) An erOS1on control plan per Section 2.18.01 (4) (n) or evidence that a National Pollution Discharge Elimination System permit has been issued. 4) Each filing shall be assessed cash in lieu of school land dedication per Section 2.18.01 (4) (p). 5)Off-site road improvements to the EI Jebel Road as outlined in the EI Jebel Corrmercial Area Site Access Study are the responsibility of the applicant and shall be collateralized at Final Plat. 6) All additional Colorado Geological Survey fees incurred to date and in the future shall be paid. 7) Pavement needs to be widened on curves to accorrmodate truck traffic. 8) Sidewalks in the public ROW will need curb and gutter. 9) The entire length of the frontage road will need curb and gutter, at the time of construction other than the Crawford property, which will have curb and gutter constructed at the time of sidewalks and parking are being proposed. 10) The upper road cross-section needs to be 2 - 10' lanes with a 2' shoulder on each side plus necessary ditching from Blue Ridge Loop to driveway #3. A 16' platform from driveway #3 to Blue Ridge Court is acceptable. This is to provide fire vehicle access and shall be found acceptable to the Basalt and Rural Fire Protection District. 11) The Mid Valley Metropolitan District will have to accept water and sewer designs prior to any Final Plat approvals. Any associated releases of collateral through the Subdivision Improvements Agreement will not be allowed without formal acceptance for maintenance by Mid Valley. 12) Engineer prepared cost estimates of the public improvements associated with each phase and a total for the entire project. 13) Dry wells or "soak aways" should not be considered to be used as detention /retention facilities. Steve Isom requested there has been discussion on a lease back on the right-of-way to allow the Tuckers house to remain for that three year period. He requested there be a note in the conditions the County would 11cense back that right-of-way. Chairman Gates stated the record shall reflect that condition and the Board does concur with that condition. 14) A temporary "loop" shall be constructed between Blue Ridge Lane and Blue Ridge Loop and traffic patterns and I?arking shall be approved by County Engineer until permanent construction 1S complete. Temporary cul-de- sacs on these roads are inappropriate even during the construction phases. 15) The develoI?er;landowners shall be responsible for snow removal and road maintenance unt11 such time the frontage road is completed to the realigned willits Lane. 16) Removes the word "Condominium" from the approved use by right and adds apartments above the corrmercial space as a use by right. The maximum total square footage of these apartments shall be 10,800 square feet or ten units. 17) The applicant shall present an engineering review of the proposed retaining walls. 18) All floor area calculations shall conform to "Floor Area" as 3 defined by the Eagle County Land Use Regulations. Mr. Clarkson read Staff findings for the Board. Corrmissioner Johnson moved to approve file number PD-311-93-P, Blue Ridge PUD, incorporatin9 Staff findings and conditions as read. corrmissioner Philllps seconded the motion. The vote was declared unanimous. ZS-341-93, US West NeWV'ector Ellie Caryl, Planner, presented file number ZS-341-93, US West NewVector, Wolcott Cellular Comnunications Facility. She stated the applicant has requested this matter be tabled to allow time to prepare additional information. corrmissioner Phillips moved to table file number ZS-341-93, US West NewVector, Wolcott Cellular Comnunications Facility to February I, 1994 at the applicants request. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Abatements Allen Black, Eagle County Assessor, presented a petition for abatement for Douglas P White, schedule number 019471. He stated the abatement was filed due to water damage to the house. The Assessor's Office recommends denial as the water damage occurred in 1993 and the appraisal year is for 1991 and 1992. Douglas P. White, petitioner, explained he has had an on-going problem with his residence since the purchase in 1978. He informed the Board the subdivision in which he lives has no way to channel the run off. He stated in 1990 his neighbor elevated his property eight to ten feet, which runs down onto his property. Allen Black stated the petitioner is not being charged for the basement in 1993, but the question is if the problem was there earlier. Discussion followed on when the damage started to occur. corrmissioner Johnson moved to approve a petition for abatement for Douglas P. White, schedule number 19471, for 1991 in the amount of $77.77 and for 1992 in the amount of $78.96, for a total amount of $155.73. Commissioner Phillips seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Philip and Deb Schechter, schedule number 19575. He stated he had spoken with the petitioner who related when the house was purchased there was a minor water problem which escalated in 1993. He stated the petitioner estimates the damage to be approximately $150,000.00 and the insurance company will only pay $42,000.00. Mr. Black stated the petitioner believes the house today, with damage is only worth $500,000.00. He recommended the petition be denied for 1993 as at the time of appraisal the damage was only cosmetic. Corrmissioner Phillips moved to deny the petition for abatement for Philip and Deb Schechter, schedule number 19575, as recommended by County Assessor. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned to January 18, 1994. Attest: (p" Q [;;1.. 'ft/-~ ~o t Boarct rr''t 4 ~~~