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HomeMy WebLinkAboutMinutes 02/15/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 381869 PUBLIC HEARING FEBRUARY IS, 1994 Present: JohIm.ette Phillips James Jolmson, Jr. George "Bud" Gates Jack Lewis Mary Jo Berenato Earlene Roach Chairman Comnissioner Corrmissioner County Manager Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: PD-108-93-S, Berry Creek, Filing 5 Sid Fox, Planning Manager, presented file number PD-I08-93-S, Berry Creek, Filin~ 5, Eagle Valley Regional Park. He stated the Sketch Plan proposes a mlxture of housin~, outdoor recreation, indoor recreation, corrmunity center, school, malntenance storage building and open space. Rick Plyman, Peter Jamar & Associates, explained the project to the Board and gave an update on public lands. He discussed the following: 01) access, which would be off of Spur Road 02) permitted uses as follows a) athletic fields b) special events and activities c) concession stand, retail sales d) water features such as lakes & ponds e) picnic areas f) open space. Allowed special uses as follows: a) single family homes b) townhomes c) condominiums d) educational facilities e) equestrian center f) skating rink g) indoor recreational facilities h) corrmunity center Mr. Plyman stated there is a total of 198 proposed dwelling units on 16.5 acres, or a total of 12 units per acre. Sid Fox stated Staff reviewed this application in accordance with the County Master Plan, County Open Space Plan and the Edwards Sub-area Master Plan. Staff recorrmended approval with the followin~ conditions: 01) The Preliminary Plan shall consider vlsual quality as a limiting planning parameter for site development and building location. 02) A dog control program shall be included with the Preliminary Plan. 03) This sketch plan approval recognized a 16.5 acre recreation/residential corrponent with up to 198 dwelling units. However, additional analysis must be included with the Preliminary plan that addresses the magnitude of the residential corrponent and the following concerns: a) Visual quality b) Traffic & access irrprovements c) Corrpatibility with potential uses. Mr. Fox reviewed Staff findings for the Board. Comnissioner Gates questioned the ~roposed school site. Peter Jamar, Peter Jamar and Assoclates, stated the School Selection 1 Comrrdttee did select the proposed site due to buffering and parking. Jack Lewis, County Mana$er, stated the housing component came in after negotiations with the authorlty. He related it was felt in order to make the project work, there would need to be dwelling units on the site. Chairman Phillips asked if the Berry Creek Authority had agreed to the proposal before the Comrrdssioners today. Mr. Lewis answered yes, the Berry Creek Authority had agreed to this proposal. Discussion followed on the proposal. Don Welch, area resident, stated the County tried to create open space with this property. He stated the requested number of units is exactly the same as that placed on the 105 acre parcel. Mr. Welch stated the number of units proposed will create a very tight development. He corrmented errployee housing is an important issue and stated he felt this was not the correct site for 198 units. He questioned if the Authority had a unanimous vote. Mr. Lewis answered yes, all members of the Berry Creek Authority voted in favor of this proposal. Comrrdssioner Johnson asked if everyone wanted the zoning removed from the property a few years ago. Mr. Welch stated the County wanted the zoning removed. Discussion continued on the application. Comrrdssioner Gates moved to approve the sketch plan deleting the 198 dwelling units. Comrrdssioner Johnson seconded the motion. In discussion, commissioner Johnson stated he realized open space was i!TIJ?Ortant, but he would like to see a smaller amount of units approved for thlS sketch plan. Chairman Phillips stated she believed the Board should allow some units on this ~roperty also. Chalrman Phillips called for the question on the motion. Corrmissioner Gates voting yes, Commissioners Phillips and Johnson voting no. commissioner Johnson moved to accept the Ea$le County Recreation Authority sketch plan, with the followin$ exceptlons: 01) under single family uses, lt shall read single family homes, townhomes, condominiums, at a density not to exceed 91 dwelling unltS. Chairman Phillips seconded the motion. comrrdssioners Johnson and Phillips voting yes and comrrdssioner Gates voting no. The Board dlrected Staff to prepare a Resolution stating the findings at this hearing. PD-100-93-S, Beaver Creek POD sid Fox presented file number PD-I00-93-S, Beaver Creek PUD, upper Bachelor Gulch. He explained there are a total of eleven (11) files in the Beaver Creek PUD application, which will all need separate motions. He stated there is an agreement between vail Associates and the Beaver Creek Property Owners Association, which has been signed. Peter Jamar, Jamar and Associates, appeared and introduced Tom Ragonette, Legal Council. Mr. Jamar stated the applicant is in agreement with all recommended conditions by Staff. He showed a slide presentation of the proposal and current conditions at Beaver Creek. He discussed the following items for the Board: 01) Wood burning regulations 02) Division of wildlife and Colorado State University 03) Conservation issues 04) Open space 05) Tract Q, reviewing all modifications. Chairman Phillips accepted the slides from the presentation into the record. Sid Fox read a letter from the law office of Shaw, Spangler and Roth, representing Mr. & Mrs. Lowry, in opposition of the proposed amendment. Jim Potter, area resident, spoke in favor of the proposal. Harry Frarrpton, area resident, spoke in favor of the proposal. Shawn Conway, area resident, spoke in favor of the application. Jim Veile, area developer, spoke in favor of the proposal. John Turton, area resident, spoke in favor of the application. Bob Brautman, Beaver Creek resident, spoke in favor of the proposal. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Jim Couchan, area pro~erty owner, spoke in favor of the proposal. Torn Scoutin, area resldent, spoke in favor of the proposal. Peter Monet, area resident, spoke in favor of the proposal. Bob Prigmore, area businessman, spoke in favor of the proposal. Judy Holmes, area resident, spoke in favor of the proJ?Osal. Ed Steiner, area resident, spoke in favor of the appllcation. Jack Hosey, area resident, spoke in favor of the proposal. Brian Nolan, area resident, spoke in favor of the proposal. Steve Jones, Beaver Creek Stables, spoke in favor of the ~roposal. Judy Wygod, area resident, spoke in favor of the applicatlon. Melvin Marks, area resident, spoke in favor of the proposal. Jeff Silen, area resident, spoke in favor of the proposal. Lauren Mall, Attorney, spoke in opposition of the proposal. Karen Lanom, area resident, spoke in favor of the proposal. Steve Daus, Steamboat Springs resident, spoke in favor of the application. Tim Schultz, president of Colorado Open Lands, spoke in favor of the proposal. Terry Staples, area property owner, spoke in favor of the proposal. Lidia House, area resident, spoke in favor of the proposal. Bill Andree, Division of Wildlife, stated they have reached an agreement with the applicant. comrrdssioner Gates stated this application is a prime example of all entities working t?Sether and commended Vail Associates for a job well done. Chairman Philllps stated the Public Comment portion of thlS hearing is now closed. Mr. Ragonette submitted the latest draft of the conservation easement and a formal res~onse to written objections entered by Mr. Mott of the Planning Corrmisslon to be entered into the record. Sid Fox reviewed concerns as follows: 01) fire~laces/wood burning must comply with County Regulations. 02) parklng, additional consideration needed for long term parking. 03) Staff still needs to receive comments from the Department of Trans~rtation, Colorado Division of Water Resources and Division of wildllfe. 04) access to public lands, improved summer access must be developed with the US Forest Service and the Division of wildlife. 05) re-zoning of Tract B could displace employee housing off-site. Commissioner Johnson stated he would like to hear more from Vail Associates concernin$ Tract B. Mr. Fox stated lf the Board decide to table this matter the applicant and Staff need direction for any new additional information needed by the Board. Mr. Jamar reviewed Staff findings and conditions for Tract B. Discussion continued on information still to be reviewed. comrrdssioner Gates moved to table the following items to March I, 1994 at 9:00 a.m.: 01) PD-I00-93-S, upper Bachelor Gulch 02) PD-I00-93-Pl, Chair 14 Site 03) PD-I00-93-P2, Strawberry Park 04) PD-I00-93-Al, Tract B 05) PD-I00-93-A2, Tract M, Lot 2 06) PD-I00-93-AJ, Tract N, Lot 7 07) PD-I00-93-A4, Tract 0 08) PD-I00-93-AS, Tract P 09) PD-I00-93-A6, Tract Q 10) PD-I00-93-A7, Tract R 11) PD-I00-93-A8, Beaver Creek POD. Comrrdssioner Johnson seconded the motion. The vote was declared ~imous. . PD-293-94-AF1, Cordillera Sid Fox presented file number PD-293-94-AFl, Cordillera, Filings 1 and 3 2, Lots 46 and 47. He stated Staff recommended this matter be tabled due to a technical correction. Commissioner Johnson moved to table file number PD-293-94-AFl, Cordillera, Filings 1 and 2, Lots 46 and 47, to March I, 1994, in the afternoon. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gates was out of the room at this time. PD-281-93-AF, Elliott Ranch Sid Fox presented file number PD-281-93-AF, Elliott Ranch PUD, Lot 3. He stated Staff recommended this matter be tabled until the applicant pays his property taxes. Commissioner Johnson moved to table file number PD-281-93-AF, Elliott Ranch POD, Lot 3, due to personal property taxes not being I;'aid. Chairman Phillips seconded the motion. Of the two vot1ng Commissioners the vote was declared unanimous. ZS-341-93, US West-Wolcott Telecommunications Facility Ellie Ca!yl, Planner, presented file number ZS-341-93, US West-Wolcott Telecomnumicat1ons Facility. She pointed out on a plat the location of the property and infonned the Board the surrounding property is ~enerally Resource and is undeveloI(ed land. Ms. Ca:ryl stated the appl1cation 1ncludes a forty foot wood poll w1th eleven foot Wh1p antennas for a total height of fifty-one (51) feet above the ground. She stated normally a 12 X 12 foot building would be included to house operational equipment. Jeff Pond, Attorney representing the applicant, spoke and reviewed visual impacts, construction of the building and nature of the proposed service. He submitted letters from individuals in favor of the proposal. Commissioner Gates questioned the J?Ossibility of additional sites. Mr. Pond stated the proposed site 1S the least visible, which is the reason it was selected. Roy Pearlmutter, Architect, made a presentation explaining maps presented, height of the ridge, height of the building and height of the pole. He presented pictures taken from Highway 6, Highway 131 and Interstate 70. Jim O'Connor, applicant discussed the seven possible sites as follows: 01) Site #1, BUM Property 02) Site #2, CUrrent Site Selection 03) Site #3, Jouflas Site 04) Site #4, BUM Property 05) Site #5, Holy Cross Substation 06) Site #6, Floodplain Along the River 07) Site #7, Red Canyon Area. Commissioner Gates questioned who owned the current site. Mr. O'Connor stated the proposed property is owned by the Denver Water Board. Steve Miller, Manager of US West, spoke of the need for enhanced comnumications and infonned the Board with this system there would be more opportunity for private conversations. Ellie Caryl reviewed Staff findings and concerns for the Board: 01) Visual Impacts 02) Alternative Sites 03) Proliferation of Communication/Utility Structures 04) Needs Assessment. Ms. Caryl presented photographs taken by Staff from Highway 6 and Interstate 70. She discussed the County Open Space Plan and the Wolcott Comnumity Plan. Staff recommended this application be denied as there are better locations for this type I(roposal. The Eagle County Planning Commission also recommended denial of th1S application. Commissioner Johnson moved to deny file number Zs-241-93, US West- Wolcott Telecornnunications Facility. Staff findings shall be inco:rporated in the motion. He suggested the appl1cant meet with Cellular One to investigate the possibility of combining towers. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 commissioner Gates seconded the motion. In discussion, Chairman Phillips, stated this proposal falls into a no development area as indicated on the Wolcott Community Plan and related there are other sites in the County which would be more appropriate. Chairman Phillips called for the question on the motion. The vote was declared unanimous. PD-313-93-F, Wolcott Village Sid Fox ~resented file number PD-313-93-F, Wolcott Village. He stated this ap~licatlon requests zoning for a mixed use of retail, office and corrmerclal space. He stated there will be 89,000 square feet of corrmercial, 8,000 square feet of restaurant space, 6,000 square feet for a gas station/convenience store for a total of 103,000 square feet. Mr. Fox stated the village Green will be open space. He stated there will be on-site water and sewage systems. Terrill Knight, Knight Planning, introduced Jeff Nichol's, owner. He pointed out on a plat the location of the property. He stated the Wolcott Community Plan designated this property as the Community Center and the focus of downtown Wolcott. He discussed open space, expansive parking lots, cottage industries, outside storage being eliminated, restaurant space, boulevard with wide mediums which will be vegetated, convenient parking, building materials, access, PUD Guide. Commissioner Gates stated he would like to see the applicant make a strong effort to stick to the proposed design and materials. He asked about the road into the property. Mr. Knight stated he believes the adjacent property owners have reached an agreement conce:rning the road. Sid Fox reviewed Staff Findings for the Board and stated Staff recorrmended approval of this proposal. He stated the Planning Commission recorrmended approval with the following condition: 01) The uses by right shall be reduced and the PUD should focus the near term uses and be allowed to grow with the Wolcott Community. Chairman Phillips questioned the water and sewer systems. Mr. Fox stated the water and sewer will have to be addressed as the area grows. He stated the waste water systems will have to be designed by a professional engineer. Commissioner Johnson questioned emplo~ee housing. Jeff Nichol's, applicant, stated the lssue will be addressed and informed the Board he does agree with employee housing. Jan Jouflas, area resident, agreed with employee housing but expressed conce:rn with this proposal being premature. . James Jouflas, area resident, expressed conce:rn about timing, water and sewer problems. He stated Wolcott needs to be developed as a small community not another vail or Beaver Creek. George Jouflas, area resident, expressed conce:rn with the back of the buildings and this being a premature development. Mr. Nichols stated he does not know what will happen in fifty years but standards will limit the types of businesses allowed in this development. Further discussion followed on the Wolcott Village application. Commissioner Gates moved to approve file number PD-315-93-S, Wolcott Village with the following condition: 01) The uses by right shall be reduced and the PUD should focus the near term uses and be allowed to grow with the Wolcott Community. Staff findings shall be included in the motion. commissioner Johnson seconded the motion. In discussion, Commissioner Johnson questioned phasing, traffic, uses by right and employee housing. Chairman Phillips called for the question on the motion. The vote was declared unanimous. PD-313-93-F, El Jabel Texaco Ellie Caryl presented file number PD-313-93-F, EI Jebel Texaco. She 5 stated this application was a final plat for a 1.3 acre commercial PUD. Staff recommended approval of the final plat. She stated the Subdivision Irrprovements Agreement has been submitted. Commissioner Gates moved to approve PD-313-93-F, EI Jebel Texaco. Staff findings shall be included in the motion. The Chainnan shall be authorized to sign the ~lat. Commiss~oner Johnson seconded the motion. The vote was declared unanimous. PD-312-93-S, Kodiak Park Paul Clarkson, Planner, presented file number PD-312-93-S, Kodiak Park. He stated this application was a Preliminary Plan and Zone Change from Resource to PUD. He discussed the parcels as follows: 01) Parcel A, ski facility and tree nursery 02) Parcel B, commercial, caretaker unit 03) Parcel C, ranch, open space, existing structure, guesthouse and bam and five (5) future single family homes 04) Parcel D, single family home and kennel 05) Parcel E, open space 06) Parcel F, open space 07) Parcel G, COOT acquired right-of-way 08) Parcel H, intemal right-of-way. Mr. Clarkson discussed a meeting attended by Planning, Engineering, the applicant, County Manager and County Attomey. He stated the following items were established at that meeting: 01) That J?Ortion of Blue Ridge Lane in Kodiak Park will be dedicated as a publ~c road. 02) Blue Ridge Lane in Kodiak Park will be irrproved to County Standards, from Highway 82 to the Western most of the two parking lot access points. 03) The remainder of Blue Ridge Lane in Kodiak Park will be collateralized by Ace Lane. 04) The Kodiak Park project will cause the Blue Ridge Project to dedicate the right-of-way to the County, for all of Blue Ridge Lane to EI Jebel road. Mr. Clarkson reviewed Staff findings and informed the Board Staff was recommending approval with the following conditions: 01) The County shall be provided copies of valid well permits for each of the existing wells. 02) The applicant shall contact RFTA to discuss how this development can address the concerns of the agency. 03) The applicant and the Robinson Ditch Corrpany shall agree on a ditch easement and associated language pursuant to Sketch condition #9. The size of the culvert shall also be resolved. 04) A drainage study and plan shall be submitted demonstrating positive drainage away from the site. 05) The applicant agrees to changes pursuant to County Engineer'S concerns of driveway locations and roadway geometry. 06) The applicant shall facilitate a response from the Basalt and Rural Fire Protection District, pursuant to Sketch condition #13. 07) The PUD Control Document modifications as follows: a) The nursery and tree farm shall be listed as a special use in Parcel A. b) Uses by right in Parcel B shall indicate the office and a~artment are "grandfathered" uses and what structure Any change ~n use of the structure shall require a PUD construction they are in. Amendment. c) Parcel C shall list the uses by right and not refer to the Resource Zone per Section 2.0.01 (2). There are uses by right in that zone district that are inappropriate. d) Parcel D shall include the statement "no kennel operations shall be permitted without a valid State of Colorado license and a current approved inspection certificate providing such licensing procedures exist. Also, confonnance shall be required with any County Regulations addressing kennels or kennel-type operations as may be promulgates." e) Signage, in additional to a 64 square foot business 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 center sign, each commercial use shall be allowed a maximum of twenty (20) square feet of signage except the restaurant shall be allowed thirty (30) square feet of signage. 08) The entire length of the frontage road shall require curb and gutter. 09) The Mid-Valley Metropolitan District shall accept water and sewer designs prior to any Final Plat approvals. Any associated releases of collateral through the Subdivision Irrprovements Agreement shall not be allowed without formal acceptance for maintenance by Mid-Valley. 10) All public irrprovements shall be collateralized through a Subdivision Irrprovements Agreement. 11) Cash in lieu of school land dedication for all new dwelling units. 12) Blue Ridge Lane shall be dedicated as a public road by plat from Highway 82 to the Blue Ridge PUD Project. This road shall be l.rrproved to County Engineer's standards to the Westernmost of the two access points of the Kodiak Park commercial development. All irrprovements to Blue Ridge Lane in Kodiak Park shall be collateralized through a Subdivision Irrprovements Agreement. Kodiak Park will cause the Blue Ridge Project to deed the right of way to the County for Blue Ridge Lane through the Blue Ridge POD and the Crawford property to EI Jebel Road. The alignment of this deeded right of way shall meet or exceed the Eagle County Engineer's requirements. 13) The number of boats being store on site shall be limited to 30. Steve Isom, Isom and Associates, mentioned during special events the number of boats on-site would be more than 30. These would be boats for show. The Board concurred the number of boats being stored on site would be thirty (30), with the understanding during special events there would be more boats on site during the duration of the event. Mr. Isom stated no artificial lightin$ is allowed around the lake. He questioned if down lighting or non-reflect1.ve lighting were used. Mr. Clarkson stated he believes making a decision on the lighting around the lake would be spot approval. The Board concurred to discuss the down lighting at a later date. commissioner Johnson moved to approve file number PD-312-93-P, Kodiak Park, including Staff findings and conditions. Commissioner Gates seconded the motion. The vote was declared unanimous. BE-55-93, Beaver Creek, Lot 20 Pattie Haefeli, Planner, presented an amended final plat file number BE- SS, Lot 20, Filing 4, Tract I, Beaver Creek. She stated this allows and existing $arage and to be included in the plat and the addition of a bedroom. Comrrassioner Gates moved to approve file number BE-55-93, Beaver Creek, Lot 20, Filing 4, Tract I. commissioner Johnson seconded the motion. The vote was declared unanimous. Cordillera, Filing 4 commissioner Johnson moved to approve and authorize the Chairman to sign the Subdivision Irrprovements Agreement and Maintenance Agreement for Cordillera, Filing #4. Commissioner Gates seconded the motion. The vote was declared unanimous. El Jabel Texaco Commissioner Johnson moved to approve and authorize the Chairman to sign the Subdivision Irrprovements Agreement for EI Jebel Texaco. Commissioner Gates seconded the motion. The vote was declared unanimous. 7 There being no further business to be brought before the Board the meeting was adjourned until February 22, 1994. ~~ 8