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HomeMy WebLinkAboutMinutes 03/29/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAROi 29, 1994 Present: Johrmette Phillips George "Bud" Gates Absent: James Johnson, Jr. Bob Loeffler Earlene Roach Chairman commissioner commissioner Ass't. 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: ZC-259-95, SU-318-94-S, Arnold Meadows Subdivision Paul Clarkson, Planner, presented file numbers ZC-259-94 and SU-318-94- S, Arnold Meadows Zone Change. He stated this application was a request to change the zone district designation from Resource to Residential Suburban Low Density on 16.355 acres and Sketch Plan review. Mr. Clarkson stated this property is in both Eagle and Garfield Counties. The Eagle County portion of this request is for nine (9) units. Steve Isom, Isom and Associates, pointed out on a plat the location of the property. He stated Lee Levenworth and Ed Podalack, applicants, were present at the hearing. Mr. Isom spoke of lot size in Blue Lake, square footage and zoning. Paul Clarkson stated Staff is recommending denial of the zone district amendment and approval of the Sketch Plan as follows: 01) The proposal shall proceed to the Preliminary Stage as a PUD for nine (9) single family units. 02) A 1041 ap~llcation shall be submitted with the Preliminary Plan for concurrent review, lf determined to be required. 03) Language similar to the pre-inclusion agreement between the developer and Mid Valley shall be included in the covenants and final plats concerning the close proximity to the sewage treatment ponds. Either the amount of platted private open space should be increased or building envelopes should be platted towards the North end of lots 7, 8 and 9 in order to increase the buffer from the treatment ponds. 04) The ap~licant shall investigate with the Blue Lake Homeowners Association the POsslbility of connecting their respective open spaces. 05) If any infrastructure maintenance is required that would ordinarily be provided by the County, an lGA should be facilitated by the applicant and between the two Countles for such maintenance to be provided by Garfield County. 06) An extensive and detailed geologic and engineering investigation should be performed particularly on the lots immediately adjacent to the steeper slopes on the North slde of the development. Drainage on these lots should also be evaluated. 07) The Colorado State Forest Service and the Mt. Sopris Soil Conservation District concerns should be addressed in the covenants and or the PUD Control Document. 08) The lots should be reconfigured or the ditch realigned so that no lot is being bisected by the ditch. A ditch easement agreement should be arrived at between the applicant and the ditch owners. If the ditch is piped underground, then every effort should be made to position the pipe so that a minimum of public infrastructure is disturbed should the pipe need repair. 09) The school district and RFTA should be consulted concerning internal circulation and bus stops. Mr. Clarkson stated the following criteria applies to the denial recommendation for the zone district amendment: 1 01) The rezoning is not consistent with the Master Plan, however, the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested. The advantages of the use do not outweigh the disadvantages. 02) Conceptual evidence exists providing the land has access and can be serviced with water and sewage disposal systems, however, it has not been demonstrated that it is appropriate with the zone district being sought. 03) The area for which rezoning is requested has not changed or is not changing to such a degree that it is in the public interest to encourage a new use or density in the area. 04) The proposed rezoning is not necessary in order to provide land for a demonstrated need. Mr. Clarkson reviewed comments received as follows: 01) US Forest Service, speaking to wildfires. 02) Mt. Sopris Soil Conservation District, speaking to dog control, revegetation and water rights. Steve Isom spoke to RSL zoning. He stated there were 80% to 90% slopes on the property which would have to remain open space. Lee Levenworth, Mid-Valley Metro~litan District, spoke of the inclusion of the Arnold Meadows property. He dlscussed reasons he felt a 1041 Permit was not needed. Mr. Clarkson spoke to the number of units, 1041 Permit, zone change and maintenance. Ed Podalack, principal in the project, spoke to available housing in the area. Commissioner Gates moved to deny file number ZS-259-95, incorparating Staff findings and recommendations. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. commissioner Johnson was not present at this hearing. commissioner Gates moved to approve file number SU-318-94-S, incorparating Staff findings and recommendations. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. 1041-025-94, Vail Valley Consolidated Water District, Phase II Ray Merry, Environmental Health Officer, presented file number 1041-025- 94, Vail Valley Consolidated Water District, Phase II. He stated Staff has received the application to complete the interconnecting water main between the Eagle-Vail area and the Vail area. Mr. Merry stated Staff has determined the application to be complete and estimated the fees at $1,450.00. Commissioner Gates moved to approve file number 1041-025-94, Vail Valley Consolidated Water District, Phase II, Vail Valley/Upper Eagle Interconnecting Water Main to be complete. The estimated fees shall be $1,450.00, which may be increased to cover the actual cost of processing the application, as recommended by County Attorney. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PD-293-94-F2, Cordillera, Filing 12 Pattie Haefeli, Planning Technician, presented file number PD-293-94-F2, Cordillera, Filing 12. She stated this is an application for twenty-six (26) single family lots in a PUD. Ms. Haefeli stated the proposed pavement design has not been received but is due in today. commissioner Gates moved to approve file number PD-293-94-F2, Cordillera, Filing 12, incorparating Staff findings and recommendations, with the understandin;1 the pavement design shall be submitted and approved. Chairman Phlllips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gates moved to a~prove and authorize the Chairman to sign the final plat for Cordillera, Fillng 12. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gates moved to approve and authorize the Chairman to sign the Public Irrprovement Plan for Cordillera, Filing 12. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 1041-024-94, Stage II, Snowmaking Water Supply Ray Merry presented file number 1041-024-94, Stage II, Snowmaking Water Supply Facilities for Vail and Beaver Creek Ski Areas. He pointed out on a plat the location of the application. He explained the proposal to the Board and explained the Arkansas well water would be pumped up through the Climax Mine property, discharging that to the East fork of the Ea;1le River. Robert Weaver, Hydrosphere Consultants, appeared and lntroduced Joe Macy, Paul Phillian, Paul Testewede, Gail Crider, Lee Rosacalas, Pat Perin and Bob Kilburn. Pat Perin, Holmes, Roberts and OWens, explained new sources of water, storage and easements. He explained water flows east to west, flows being increased to the Eagle River, clean up of the tailings pond and positive impacts on the economy. Lee Rosacalas explained the amount of water from the Arkansas and the Green Mountain Reservoir. He discussed the two diversion points, Beaver Creek ski area and Vail mountain. Commissioner Gates questioned the EPA Report, residential use and minimum stream flows. Staff recommended approval with the following conditions: 01) The applicant shall request they be notified by Eagle Engineering or the Colorado Department of Health in the event of unusual exceedances of water quality parameters. The applicant shall coPy said letter requesting notificatlon to Eagle County and the Town of Vall. 02) The applicant shall prepare a non-~oint source water quality control plan incorparating best mana;1ement practlces for the portions of Vail Mountain that drain directly and indlrectly into Gore Creek. The draft plan shall be routed to the Town of Vail, Northwest Colorado Council of Governments and Eagle County for comment. An annual implementation schedule, including uPdated best management practices, shall be submitted to Eagle County and the Town of Vail by March 1st of each year that snow making diversions occur. 03) Eagle River disturbance for construction of the infiltration gallery, must be coordinated with the Division of wildlife to assure unnecessary impacts to aquatic life. 04) The water quality monitorin;1 data obtained from the program shall be forwarded to the Water Quality Dlvision of the Colorado Department of Health. Mary Jo Berenato questioned Vail Associates terminating the snow making process lf the water should be contaminated. Mr. Testiwede stated the diversion would be terminated. Mr. Merry stated there is a call list the applicant must follow in the event of contamination. Ms. Berenato stated a Resolution needs to include language if Eagle County feels the water is contaminated, the diversion point must be shut down. Discussion continued on the possibility of contaminated water and diversion points being shut down at that time. commissioner Gates moved to approve file number 1041-024094, Stage II, Snowmaking Water Supply Facilities for Vail and Beaver Creek Ski Areas, incorporating Staff findings and recommendations. Condition one shall be amended to state "unusual exceedances" from all diversions. Vail Associates and Eagle County shall establish language to allow the Eagle Mine diversion to be shut down in the case of contaminated water. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. PD-296-94-A & PD-296-94-P, Cottonwood Keith Montag, Director of Corrmunity Development, stated the applicant and Staff request this matter be tabled to April 11, 1994 at 1:15 p.m. He 3 informed the Board Staff and the applicant are currently trying to work out a number of issues. Commissioner Gates moved to table file 94-P, Cottonwood, to April 11, 1994 at 1:15 Chairman Phillips seconded the motion. the vote was declared unanimous. numbers PD-296-94-A and PD-296- p.m. Of the two voting Commissioners SM-898-94, D & G SUbdivision Pattie Haefeli presented file number SM-898-94, D & G Subdivision. She read Staff findings for the Board and stated Staff recomnended approval. Commissioner Gates questioned access to the property. Ms. Haefeli stated access will be through Daggett Lane. Commissioner Gates moved to a~prove file number SM-898-94, D & G Subdivision, incorparating Staff flndin;1s and recommendations. Chairman Phillips seconded the motlon. Of the two voting Commissioners the vote was declared unanimous. Plat & Resolution Signing Pattie Haefeli ~resented final plat file number SM-899-94, Eagle-Vail, Lot 79, Block 4, Fillng 2, Resubdivision of Lot 79. Staff recommended approval of the final plat. Commissioner Gates moved to approve final ~lat file number SM-899-94, Eagle-Vail, lot 79, Block 4, Filing 2, Resubdivlsion of Lot 79, incorparating Staff findings and recommendations. Chairman Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Pattie Haefeli presented Resolution 94-35, file number T-19-94, temporary housing permit for George Roberts. Staff recorrmended approval. commissioner Gates moved to approve Resolution 94-35, file number T-19- 94, temporary housing permit for George Roberts. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Pattie Haefeli presented Resolution 94-36, file number T-20-94, temporary housing permit for R.G. & Eileen Jacobs. Staff recommended approval. Commissioner Gates moved to approve Resolution 94-36, file number T-20- 94, temporary housing permit for R.G. & Eileen Jacobs. Chairman Phillips seconded the motion. Of the two voting corrrnissioners the vote was declared unanimous. Mary Jo Berenato presented Resolution 94-37, approving the amendment to the Beaver Creek PUD, as approved by the Board on March 1, 1994. Commissioner Gates moved to ap~rove Resolution 94-37, approving the amendment to the Beaver Creek PUD, lncluding file numbers PD-I00-93-S, PD- 100-93-P2, PD-I00-93-Al, PD-I00-93-A2, PD-I00-93-A3, PD-I00-93-A4, PD-I00-93- AS, PD-I00-93-A6, PD-I00-93-A7, PD-I00-93-A8. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until April 4, 1994. ~ - Attest: fA ~ C(er to Q I30Gtrct #~ ~~~ alrman 4