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HomeMy WebLinkAboutMinutes 05/03/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 PUBLIC HEARING MAY 3, 1994 Present: Johnnette Phillips George "Bud" Gates James Johnson, Jr. Jack Lewis Jim Fritze Sara J. Fisher Chairman Commissioner commissioner County Manager County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: PD-296-94-A, Cottonwood PUD Sid Fox, Planning Manager, presented file number PD-296-94-A, Cottonwood PUD Amendment. He stated this was an application to consider a request to amend the Cottonwood PUD Plan. Mr. Fox related the density will reduced from 848 units to 474 dwelling units, which includes the 240 Lake Creek Affordable Housing Units, resulting in 204 units on the Northern parcel. He stated as a result of the down zoning, thirty (30) acres is proposed to be changed from development tract to ;1olf course. He informed the Board the most significant change will be the ellmination of the resort residential land use designation which is currently approved for a lodge site and 10,000 square feet of commercial space. Mr. Fox read referral agency comments and Staff concerns for the Board. Staff recommended approval with the following conditions: 01) Each final plat application for the multiple family tracts shall include a detailed site plan. 02) The East and South sides of the golf maintenance facility shall be earth integrated (bermed) and landscaped to screen the facility from the golf course and 1-70. This visual criteria will be reviewed as part of the building permit application for the golf maintenance facility. 03) The applicant shall work with the Staff and the Eagle County School District to dedicate appropriate acrea;1e for a school site or pay cash-in-lieu of land prior to approval of a flnal plat. 04) The internal road system shall be built to County Standards and dedicated as a County Road. 05) Prior to approval of the first final plat, the applicant shall convey to Eagle County, a thirty foot floating easement across Tract Y for the purpose of trail construction and maintenance. Peter Jamar, Jamar & Associates, representing the applicant, discussed the process of the entire PUD. Mr. Jamar spoke of the PUD being North and South of the PUD, a mix of housing types, open space, protection of the Eagle River and the wetlands, creating a buffer to the East, positive asset to the County, set backs being larger than usual, golf course, sensitive to current vegetation and topography. He stated the roads will be private and be eleven foot travel lanes, two foot paved shoulder and two foot gravel shoulders. He informed the Board Staff would like to see the road run to the property line but the applicant believes this type of road does not need to run that entire distance. He believes the sensitive terrain and visual impacts out weigh the possible cuts and vegetation damage of the wider road. Ken Crain, Alpine Engineering, stated the wider the road the greater the disturbance area. He stated he believes a twelve foot road with two foot gravel shoulders meets the needs of the application. Jim Wear, representing the homeowners association, stated the covenants will be in effect to hold the homeowners responsible for road maintenance, 1 assessments will have first priority over the purchasers mortgage, which will mean the dues will be easier to collect. He stated the assessment will be approximately $100.00 per month per unit, which will be approximately $180,000.00 I?er year for the subdivision. He stated the golf club wll1 be a separate entlty, which will take approximately 25% of the costs collected. Jim Fritze, County Attorney, questioned liability for the homeowners in wildhorse with ownershlp of the roads. David Wilhelm, General Partner, stated the goal is to build a great golf course and to disturb the terrain as little as possible. He stated the applicant is environmentally sensitive, wants to keep a major green belt along the hi;1hway and is sensitive to reve;1etation. Commissloner Johnson moved to table flle number PD-296-94-A, Cottonwood PUD Amendment until later in the day. Commissioner Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. LEA-005-94, Edwards Rest Area Paul Clarkson, Planner, presented file number LEA-005-94, Edwards Rest Area, Errployee Housing. Jim Frltze stated this is an application by the State of Colorado to locate housing at the Edwards Rest Area. He stated the Planning Commission's decision of denial will stand and the project will not be allowed to continue. Bill Bentles, Colorado Department of Transportation, stated they have decided to place a double wide on the space, conforming to wood siding and asphalt singles and will permit the well on site. commissioner Johnson stated unless the applicant wanted to resubmit another application, the Board does not have any authority to proceed at this time. Chairman Phillips stated as the application has been denied by the Planning commission, there can be no motion. PD-296-94-A, Cottonwood. Peter Jamar proceeded with discussing the school district land or cash- in-lieu of land and road within the project. commissioner Gates asked for input on the roads and recommendations for paving the shoulders. Phil Scott, En;1ineering Technician, stated County Standards are for high volume roadways, WhlCh does require paved shoulders. He informed the Board lesser roads do not require paved shoulders. He stated the edge of the ~avement is generally lost to moisture within two to three years, if the base lS not free draining. Chairman Gates stated it appears the Engineering Department was not requiring as strict of conditions in this application. Mr. Scott stated the Engineering Department is recommending paved shoulders and the roads be open to the public, off-site as well as on-site. commissioner Johnson stated the project seems like an outstanding one but there are concerns with the roads and access to public lands. Mr. Jamar stated even if the road is public it will not provide public access to public lands. He indicated he had discussed access with the Forest Service who have determined they would not like to ~romote public access through this project. He suggested a plat note indlcating the roads must be brought up to County Standards before accepted for maintenance. Jack Lewis, County Manager, asked what provisions have been made for moving pedestrians through the development. Mr. Jamar pointed out on a map the location of the proposed trail plan. Mr. Lewis asked if there was potential develo~ment to the East. Mr. Fox stated there is possible development lf rezoning were to occur. Discussion continued on ~rivate verses public roads. Jim Fritze stated accordlng to Section 2.23.03 of the Eagle County Land Use Regulations, the creation of private streets is discouraged but may be allowed under the following conditions; 01) the right-of-way with grades, curves, sight distances and improvements within the proposed subdivision are in conformance with the Land Use Regulations. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 02) no denial of public access. Mr. Fritze reviewed section 2.24.03 of the Eagle County Land Use Regulations . Chairman Phillips asked about the green area shown on the map and if development would occur in that area. Mr. Jamar stated that area is zoned open space and there will be no development. Marka Brenner, First Western Mortgage, stated she agreed with a private party paying for the road. She spoke of bikers and walkers using the trails. Gail Newman, majority scottsdale land holder, spoke of not wanting a major road through the subdivision and stated the County would be changing the life style of the area if they insist of a public road through the subdivision. David Wilhelm stated the applicant wants to discourage travel through the project. Commissioner Johnson moved the Board a~prove file number PD-296-94-A, Cottonwood, incorporating Staff recommendatlons, with changes to number four (4) to read "the internal road system shall be built to County Standards and dedicated to the County." Staff findings shall be incorparated in the ' motion. Section 2.18.02(3), shall end after 2.23 of the Eagle County Land Use Regulations. commissioner Gates seconded the motion. Commissioner Johnson amended the motion to include condition number five (5), a revegetation plan shall be submitted and approved by the County. commissioner Gates seconded the amendment. Discussion followed on the motion concerning roads. Phil Scott stated a meeting was held and a Memo dated April 11, 1994 was sent to the applicant. He asked if the memo could be incorporated in the motion. commissioner Johnson requested the Board vote on the amendment. Chairman Phillips called for the question on the amendment. The vote was declared unanimous. Commissioner Johnson withdrew the motion. Commissioner Johnson moved to table file number PD-296-94-A to May 17, 1994 at the applicants request. Commissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to table file number PD-296-94-P to May 17, 1994. Commissioner Gates seconded the motion. The vote was declared unanimous. ZS-345-94, US West NewVector Ellie Ca~l, Planner, presented file number ZS-345-94, US West NewVector Cellular Facillty, Shrine Pass. She stated this application was for a Special Use Permlt to allow a cellular telecommunications facility on Forest Service Land in order to provide service from Dillon to Vail. She reviewed Staff findings and recommendations for the Board. Staff recommended approval with the following conditions: 01) Compliance with all of the U.S.F.S. conditions of permit approval. 02) A permanent height limitation of 66 feet and width limitation of 16 feet. 03) Antennae and satellite dishes attached to the tower shall be limited to 4 feet. 04) Additional communications users shall be permitted on the US West NewVector monopole facility without additional stipulated height and width limitations and necessary approvals are obtained the Forest Service for facility expansion. 05) Communications and accessory equipment (satellite dishes, mini- antenna, etc.) mounted on US West NewVector buildings shall be permitted without additional County approval provided necessary approvals are obtained from the Forest Service for facility expansion and the height of any addition 3 is limited to 10 feet or less and must be obscured from the view of 1-70 travelers. 06) Acquisition of the a~propriate permits from Eagle County. 07) Compliance with Sectlon 2.07.06 as follows: a) All storage of materials shall be within a building or obscured by a fence. b) No dust, noise, odor, glare and vibration shall be projected berond the site. 08 Any food or edible trash stored at the construction site must be in bear proof food boxes or trash containers. commissioner Gates asked about cellular service in the Wolcott area. Dave Rutter, applicant, stated there will be a Wolcott site but the systems go differently and will fill different needs. commissioner Johnson stated the Board would like to encourage towers be placed on the same site. comrrdssioner Gates moved to approve file number ZS-345-94, US West NewVector Cellular Facility, Shrine Pass, incorporating Staff findings and recorrmendations. commissioner Johnson seconded the motion. The vote was declared unanimous. ZS-346-94, US West NewVector Ellie Caryl ~resented file number ZS-246-94, US West NewVector Cellular Facility, East Vall. She stated this is an application for a Special Use Permit to allow a cellular telecommunications facility on Forest Service Land in order to provide service from Dillon to Vail. She discussed the project and read Staff findings and recommendations as follows: 01) Compliance with all of the U.S.F.S. conditions of permit approval. 02) A permanent height limitation of 66 feet and width limitation of 16 feet. 03) Antennae and satellite dishes attached to the tower shall be limited to 4 feet in diameter. 04) Additional communications users shall be permitted on the US West NewVector monopole facility without additional County ap~roval if the additions comply with the above stipulated height and width 11mitations and necessary approvals are obtained from the Forest Service for facility expansion. 05) Communications and accessory equi~ment (satellite dishes, mini- antenna, etc.) mountain on US West NewVector bUlldings shall be permitted without additional County approval provided necessary approvals are obtained from the Forest Service for facility expansion and the height obscured from the view of 1-70 travelers. 06) Acquisition of the appropriate permits (building, electrical, etc.) from Eagle County. 07) Compliance with Section 2.07.07: a) All storage of materials shall be within a building or obscured by a fence. b) No dust, noise, odor glare and vibration shall be projected beyond the site. 08) Any food or edible trash stored at the construction site must be in bear proof food boxes or trash containers. C<?rrmi~sioner Johnson asked if there would be gray areas of corrrnunlcatlon. Mr. Rutter stated the continuous coverage will be the 1-70 corridor between Dillon and Vail. Commissioner Gates moved to approve file number ZS-346-94, US West NewVector C~llular Facility, East Vail, incorporating Staff findings and recommendatlons. commissioner Johnson seconded the motion. The vote was declared unanimous. G-75-93, Bellyache Ridge Road Right-of-Way Vacation Paul Clarkson, Planner, presented file number G-75-93, Bellyache Ridge Road Right-of-Way Vacation. He stated this application was a request to 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 vacate ten (10) feet of right-of-way on Bellyache Ridge Road in return for ten (10) feet of County Road Easement. Mr. Clarkson read Staff findings and recommendations as follows: 01) All Quit Claim Deeds and Easement language as well as necessary property descriptions shall be prepared by the applicant for review by County Attorney. 02) All subsequent replatting shall indicate the ten (1) foot County Road Easement. Commissioner Johnson asked what it would take to have all Resource zoning on this parcel of land. Jim Fritze stated the applicant would ;10 through the rezoning process. Mr. Clarkson stated no matter what zonlng is on the property, thirty- five acre parcels can be rearranged which ever way the applicant wishes. Discussion followed on the application. Commissioner Johnson moved to approve file number G-75-93, incorporating Staff recommendations and findings. Commissioner Gates seconded the motion. The vote was declared unanimous. ZC-261-94, El vista Subdivision SU-319-94, El Vista Subdivision Paul Clarkson presented file numbers ZC-261-94 and SU-319-94, EI vista Subdivision. He stated this is a request for a zone change from Resource to Residential Multiple Family on three acres and Sketch Plan Review. Mr. Clarkson stated there will be twenty-six units on three acres of affordable housing. Terrill Knight, Knight Planning, stated the density is based on affordablity. He stated this project conforms with the Eagle County Master Plan and there are no environmental concerns. He reviewed goals of the project. Commissioner Johnson questioned the affordable housin;1 definition. Mr. Knight stated the project is not to be rent restrlcted but will help first home buyers. Chairman Phillips asked Mr. Knight to give the Board his definition of affordable. Mr. Knight stated affordable housing means not a fixed price, but rather the price has to be market based in relative form. He reviewed surrounding housing and prices of each. Paul Clarkson stated North and East of the project is Summit vista Subdivision. He reviewed Staff findings and recommendations for the Board. Staff recommended denial. The Road Fork Valley Planning Commission unanimously recommended denial. Terrill Knight discussed the concept of the project, playground, set backs, connecting bike path and the lot size not being increased. Scott Cozy, area resident, spoke of single family homes, density and residential verses rental units. Paula Druvo, area resident, spoke to Valley Road being unimproved, pedestrian walkway more concrete and less green, density, traffic and affordability. George Doxey, area resident, spoke of unimproved Valley Road, density, affordable housing. Mr. Knight stated the affordable housing chart does not reflect the townhomes. He discussed land prices and ownershi~ of the proposed units. Harold Leonard, applicant, spoke to units bUllt in the past and affordable housing. Discussion followed on the road, parking lot, private drive. Paul Clarkson stated affordable housing is needed but the Board must consider where that type housing should be located. Commissioner Gates moved to deny file number ZC-261-94, EI Vista Subdivision zone change. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson suggested tabling this matter to allow the applicant time to solve issues presented. 5 Chairman Phillips called for the question on the motion. Commissioners Johnson and Phillips voting no and Commissioner Gates voting yes. Ma!y Jo Berenato stated if the Board approved the requested zone change the appllcant would be allowed to place thirty-six (36) units on the parcel. Commissioner Johnson moved to table file number ZC-261-94, EI Vista Subdivision to May 17, 1994. Chairman Phillips seconded the motion. commissioners Johnson and Phillips voting yes and commissioner Gates voting no. Commissioner Johnson moved to table file number SU-319-94, EI Vista Subdivision, to May 17, 1994. Chairman Phillips seconded the motion. Commissioners Johnson and Phillips voting yes and Commissioner Gates voting no. ZC-260-94, N.A. Ranch sid Fox presented file number ZC-260-94, N.A. Ranch. He stated this is an application for a zone change from Agricultural Residential to Resource on approximately fifty-eight (58) acres. He stated the pro~sed zoning would allow for one unit per thirty-five acres plus the availabllity of a caretakers unit. Staff recommended approval. Commissioner Johnson moved to approve file number ZC-260-94, N.A. Ranch, incorporatin;1 Staff findings and recommendations. Commissloner Gates seconded the motion. The vote was declared unanimous. ZS-338-93, Goldsmith Private Airstrip Paul Clarkson presented file number ZS-338-93, Goldsmith Private Airstrip. He stated this matter was tabled from a previous hearing. Mr . Clarkson reviewed a memo from the F.A.A. regardin;1 the concerns of the Girard's. He stated the applicant is being restrlcted to sixty (60) take-off and landing ~airs and has realigned the landing strip. Mr. Clarkson stated he believes lt is not in the County's nor the applicant's best interest to delay this application. Staff recommended approval with the condition the F.A.A. give final approval. Mr. Clarkson stated the remaining issue is that of chemical spray. Mary Jo Berenato asked what type permit is needed for this airstrip. Chalrman Phillips stated she believes the study should be complete before going forward with this application. Ned Goldsmith, applicant, stated his understanding of the study by the F.A.A. is to obtain information from adjacent property owners and is more a formality. Commissioner Johnson moved to table file number ZS-338-93, Goldsmith Private Airstrip to June 28, 1994, or sooner if approval is received from the F.A.A. Commissioner Gates seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Patti Haefeli, Planning Technician, presented final plat file number SM- 895-93-A, Minor Type "B", resubdivision of Lot 4, Block 2, Filing 3, Berry Creek. She stated this was an application for a duplex split. commissioner Gates moved to approve file number SM-895-93-A, Minor Type "B", resubdivision of Lot 4, Block 2, Filing 3, Berry Creek. Commissioner Johnson seconded the motion. The vote was declared unanimous. Patti Haefeli presented final plat file number SM-900-94-A, Minor Type "B", resubdivision of Lot 18, Highland Meadows. She stated this was a duplex split. commissioner Johnson moved to approve final plat file number SM-900-94- A, Minor Type "B", resubdivision of Lot 18, Highland Meadows. Commissioner Gates seconded the motion. The vote was declared unanimous. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 Patti Haefeli presented final plat file number SM-901-94-A, correction plat for Sagewood Townhomes. Commissioner Gates moved to approve final plat file number SM-901-94-A, correction plat for Sagewood Townhomes. Commissioner Johnson seconded the motion. The vote was declared unanimous. Patti Haefeli ~resented final plat file number SM-906-94, Third Supplemental Condomlnium Map at St. James, Beaver Creek. Commissioner Johnson moved to approve final plat file number SM-906-94, Third Sup~lemental Condominium Map at St. James, Beaver Creek. Commlssioner Gates seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until May 9, 1994. Attest~ 9. r;~ Clerk to the Board ~~~ 7