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HomeMy WebLinkAboutMinutes 03/15/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 15, 1994 Present: Johrmette Phillips James Johnson, Jr. George "Bud" Gates Jim Fritze Mary Jo Berenato Earlene Roach Chairman Commissioner Commissioner County Attorney Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: T-19-94, ROberts Residence Pattie Haefeli, Planning Technician, presented file number T-19-94, Roberts Residence. She stated this is a request to consider a temporary housing permit, allowing the applicant to live in an existing apartment while building an addition. Staff recommended approval with the following conditions: 01) The kitchen must be removed from the existing residence prior to issuance of a Temporary Certificate of Occupancy for the proposed addition/residence. 02) The connection between the existing residence and the proposed addition must be connected by a corrmon foundation, must be walled, heated and considered habitable space as per Section 2.05.51 of the Eagle County Land Use Regulations. commissioner Gates moved to approve T-19-94, Roberts Residence, incorporatin;1 Staff findings and recommendations. Commissloner Johnson seconded the motion. The vote was declared unanimous. T-20-94, Jacobs Residence Pattie Haefeli presented file number T-20-94, Jacobs Residence. She stated this was an application for a temporary housing ~ermit, allowing the applicant to reside in an existing mobile home while bUllding a new residence. Staff recommended approval with the following condition: 01) The mobile home must be removed from the property prior to issuance of a temporary certificate of occupancy for the new residence. Commissioner Johnson moved to approve file number T-20-94, Jacobs residence. Staff findings and recommendations shall be incorparated in the motion. Commissioner Gates seconded the motion. The vote was declared unanimous. PD-293-93, Cordillera, Filing #11 sid Fox, Planning Manager, presented file number PD-293-93, Cordillera, Filing #11. He stated this was a final plat a~plication for twenty-four single family lots. Mr. Fox stated the Subdivlsion Improvements Agreement has been reviewed and approved by County Attorney and County Engineer. Staff recommended approval. commissioner Johnson moved to approve file number PD-293-93, Cordillera, Filing #11, incorporatin;1 Staff findings and recommendations. The Chairman shall be authorized to Slgn the plat and Subdivision Improvements Agreement. 1 Commissioner Gates seconded the motion. The vote was declared unanimous. G-76-93, Forster Property Road Vacation Paul Clarkson, Planner, presented file number G-76-93, Forster Property Road Vacation. He stated this application was consideration of a possible road vacation of a portion of old State Highway 131, Eagle County Road S-70, which lies on the Forster property. He stated the bridge on the road colla~sed in 1954 and never rebuilt. Mr. Clarkson informed the Board the road lS not maintained by any agency. Mr. Clarkson read Staff findings and recommendations for the Board. He stated the Bureau of Land Management has responded stating they objected to the vacation and indicated they would like a trails easement through the Forster property. Corrmissioner Gates moved to a~prove file number G-76-93, Forster Property Road Vacation, incorparatlng Staff findings and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-207-93-F, Blue Lake PUD, Filing 5 Paul Clarkson ~resented file number PD-207-93-F, Blue Lake PUD, Filing 5. He stated this lS a final plat for ninety (90) single-family lots on 112 acres. He reviewed Staff findings and recommendations for the Board. Mary Jo Berenato informed the Board the Subdivision I~rovements Agreement states the collateral will be held in escrow and lS with Bank One of Denver. commissioner Gates moved to approve file number PD-207-93-F, Blue Lake PUD, Filing 5. The Chairman shall be authorized to sign the plat and Subdivision Improvements Agreement. Commissioner Johnson seconded the motion. The vote was declared unanimous. ZS-342-94, Daniels Landscaping and Excavating Ellie Caryl, Planner, presented file number ZS-342-94, Daniels Landscape and Excavating. She stated this was an application to allow an excavatin;1 contractor's yard located on the same property as a use-by-right landscaplng nursery and residence. She stated the surrounding uses are a gravel pit, pasture land, residential, vacant industrial land and the Eagle County Regional Airport. Terrill Knight, Knight Planning, discussed landscaping, truck parking, screening, family residence and storage building. Ms. Caryl presented photographs of the site taken from various locations. She reviewed Staff findings for the Board and stated Staff recommended this application be denied. The Eagle and Colorado Valley Planning commission recommended ap~roval with the following conditions: 01) The portion of the slte shown as open area on the plan shall be designated as permanent open space by virtue of the approval of the special use and associated resolution. 02) Landscaping shall be installed as shown on the landscape plan submitted to Eagle County with the following modifications: a) Landscaping shown as part of the land scape plan shall not be ~art of the saleable landscape stock used for operation of the landscape bUSlness. Said landscaping shall be permanently installed. b) The landscaping shown on the property frontage shall include a berm at lease three feet in height or shrubbery included in the tree groupings to augment the proposed screening. c) A minimum of twenty additional evergreen trees, a minimum of six feet in height, shall be added to the frontage landscaped area to improve year round screening. It is recommended the majority of these additional trees be located towards the eastern half of the property to screen the special use building and activity. The quantity of trees already shown on the frontage shall remain the same plus the twenty additional trees as noted above and any additional the applicant chooses to install. Low water use species of evergreen are recommended. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 d) Additional six foot high evergreen screening shall be installed on the northern boundary of the special use fenced area to supplement the screening provided currently by the existing cottonwood trees in a quantity at least twenty feet on center but grouped to achieve effective screening from Interstate 70. e) The landscape plan shall be revised prior to issuance of a building permit to include screening on the eastern boundary of the site which is adjacent to residentially zoned property. f) All landscaping installed on the site shall be maintained in a healthy condition and shall be the responsibility of the present or any future owner of the property. 3) Volume of sound, emission of fumes, dust and odors shall be controlled and not projected beyond the site as outlined in Section 2.07.07 of the Land Use Regulations. 4) To control dust and debris from heavy truck traffic, paving or another surface hardening material shall be installed on the driveways that will be used by heavy truck traffic to enter and exit the contractors yard facility. A dust control plan for gravel roadway, parking and yard areas must be submitted prior to building permit a~plication. 5) State Department of Transportatlon approval for access to the site from Highway 6 is reguired. 6) All fabricatlon, service and repair operations associated with the contractor's yard shall be conducted within the building. 7) All storage of materials associated with the contractor's yard shall be within the fenced area. 8) The fence around the contractors yard shall be a minimum of six feet high and include the opaque coated fabric panels as proposed by the applicant. 9) The storage area at the eastern edge of the property that is indicated as storage for landscape materials (cobbles, boulders, to~soil) shall be maintained in an orderly condition and the height of any plle shall not exceed six feet. 10) OUtdoor lighting on-site shall be restricted to lights that shine downward and if mounted on poles, are not more than twelve feet above ground level. 11) Proposed sign requires sign permit approval. There shall be no signs on the buildin;1. 12) A ;1radlng and drainage plan is required prior to buildin;1 permit and must lnclude the limit of the 100 year Eagle River floodplaln. 13) Compliance with reasonable environmental ~rotection criteria as determined by the Eagle County Environmental Health Divlsion and appropriate State agencies, is required prior to issuance of a building permit. Items that must be addressed include but are not limited to stormwater runoff and retention, groundwater protection, hazardous materials storage, spill cleanup and response, materials management practices and an ISDS permit for septic systems. 14) A soils report and engineered foundation desi~ shall be submitted and approved prior to issuance of a building permlt. 15) Dogs will not be permitted to reside on the site to prevent harassment of wildlife. 16) Wire fences shall not exceed 42 inches in height and in all cases must have a kickspace of not less than 12 inches between the top two wires. permit. 17) School impact fees shall be paid prior to issuance of building 18) A copy of the ap~roved well permit must be submitted for review prior to issuance of any buildlng permit(s) for the site. 19) The special use shall be limited to two contractors as cited in the application. 20) Site and architectural plans as presented to the Planning commission shall be incorporated into the terms of approval of the special use permit application. George "Jody" Daniels, applicant, explained the water and current well permits being applied for. 3 Phil Scott, Engineering Technician, reviewed access, upgraded driveways and accell/decell lanes. Discussion continued on the application. Mr. Knight stated the applicant would like to request a five foot minimum rather than six foot trees, condition 2d. He stated the applicant would like to have a d?;1 to be kept inside the fence only, condition number 16. He stated the appllcant has proposed a maximum of 32 feet in height for the building. Commissioner Gates moved to deny file number ZS-342-94, Daniels Landscape and Excavating, incorparatlng Staff findings and recommendations. Commissioner Johnson seconded the motion. In discussion, Chairman Phillips stated this proposal was a well thought out proposal and will be screened. Commissioner Gates stated he believed this was not the time nor the, place for this type use. commissioner Johnson stated the proposal allows a mixed use and it makes sense. Chairman Phillips called for the question on the motion. commissioner Gates voting yes and Commissioners Phillips and Johnson voting no. commissioner Johnson moved to a~prove file number ZS-342-94, Daniels Landscape and Excavating, incorparatlng Staff findin;1s and the twenty conditions recommended by the Planning Conmission, wlth the following changes: 15) The wording shall read dogs will not be permitted to reside on site outside the fenced contractors storage yard, to prevent harassment of wildlife. 21) Adding the words equipment and vehicles, as recommended by Staff. . 22) Construction plans for the building shall include noise attenuatlon measures. 23) An aviation easement shall be granted for Eagle County Airpart prior to issuance of a building permit for the site. Commissioner Gates seconded the motion. Commissioner Johnson amended the motion to change the wording in condition number 2d to read as follows: 2d) Additional five foot high evergreen screening. Commissioner Gates seconded the amendment. The vote was declared unanimous. Chairman Phillips called for the question on the motion. Commissioners Phillips and Johnson voting yes and Commissioner Gates voting no. There being no further business to be brought before the Board the meeting was adjourned until March 21, 1994. Attest: ir Q ~ GJ)v C er to e Boar I' ( ~ ~ ~. alrman 4