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HomeMy WebLinkAboutMinutes 05/17/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 / PUBLIC HEARING MAY 17, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates Robert Loeffler Sara J. Fisher Chairman Commissioner conmissioner Ass' t. County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Conmissioners for their consideration: ZC-261-94, El Vista Subdivision SU-319-94, El Vista SUbdivision Paul Clarkson, Planner, ~resented file number ZC-261-94, El vista Subdivision. He stated additlonal communication has been received and he would like the applicant to proceed. Terrill Knight, Knight Planning, stated there was a concern that the requested zone change would increase the density of the project. He requested the zone change request be withheld or withdrawn. Bob Loeffler, Ass't. County Attorney, asked if it was the applicant's intention to re-submit the appllcation as a PUD. Mr. Kni;1ht stated if that is what will work out the best. Commissloner Gates stated he does not like multi-family development surrounded by single family development. Terrill Knight stated the issue of affordable housing is more irrportant. Commissioner Johnson asked what a PUD would require. Mr. Clarkson stated the zone change would be denied and the sketch plan ap~roved, with the applicant corning back with a Preliminary Plan in PUD form, walving the five (5) acre minimum requirement. Mr. Knight stated affordable housing could mean rentals, transient and seasonal units. commissioner Johnson stated his concern was to assure the units were owner occupied. Mr. Knight stated there will be a homeowners association in place to assure the properties are taken care of. Harold Leonard, applicant, stated keeping the units owner occupied would be very difficult if the units sell for $130,000.00 and the buyer is looking at a mort;1age of $850.00. Terrll1 Knight stated if there was a way to restrict owner occupied status the applicant would consider those restrictions. He informed the Board the applicant is willing to restrict the price of the units with exceptions to lending fees, materials and labor bein;1 raised. Commissioner Johnson stated he believes when thlS matter was tabled it was to deed restrict the units. , Mr. Knight stated the applicant cannot commit to owner occupancy at this tlme. Mr. Loeffler asked how the applicant would restrict the sale price, i.e. deed restriction, plat restriction. Mr. Knight stated the applicant will work with the County. He stated the applicant is making a moral commitment. Mr. Loeffler asked if the applicant had binding commitments for financing. Mr. Leonard stated the lending institutions are offering to finance 95% to those buyers who qualify. Commissioner Johnson moved to deny file number ZC-261-94, EI Vista Subdivision. Commissioner Gates seconded the motion. 1 In discussion, Chairman Phillips accepted a petition of eighty (80) signatures requesting denial of the proposed ~roject. Paul Taddune, Attorney, spoke to the petltion of eighty-two individuals objecting to the proposed project. commissioner Johnson stated this Board of commissioners is committed to support affordable housing but keep the integrity of the neighborhood in tact. Eva Win, area resident, read a letter objecting to the proposal. Scott Cozy, area resident, submitted a letter from Mr. & Mrs. Rice objectin;1 to the proposal. Chalrman Phillips called for the question on the motion. The vote was declared unanimous. corrmissioner Johnson moved to deny file number SU-319-94, EI Vista Subdivision. commissioner Gates seconded the motion. The vote was declared unanimous. Terrill Knight apologized to Mr. Leonard as he believes this was a good development and feels the Board's decision was a disappointment and discourages individuals from building housing. commissioner Gates stated area residents have spoken and the Board believes they must adhere to the wishes of the neighborhood. PD-296-94-A, Cottonwood PUD Amendment sid Fox, Planning Manager, presented file number PD-296-94-A, Cottonwood PUD Amendment. He stated this matter has been tabled from a previous hearing. Mr. Fox reviewed the ap~lication for the Board. The Planning Commission unanlmousl y recommended approval. Mr. Fox stated the outstanding issue is public verses ~rivate character of the development proposed. The applicant is prOPOSlng this development be private. He informed the Board the Ea;1le County Land Use Regulations discourage ~rivate roads in a subdivislon. Jim Frltze, County Attorney, stated the roads in Cordillera, Arrowhead and Beaver Creek are considered public roads in that they are operated by Special Districts. Commissioner Gates asked if the Edwards Metropolitan District would govern the proposed area. Mr. Fox stated at the current time the District is not prepared to handle this development. Jim Wear, Attorney for the applicant, stated the road maintenance is not in the budget for the Edwards Metropolitan District. Peter Jamar, representing the applicant, stated discussion needs to be held regarding private verses public roads. He stated if the Board should decide the roads should be public the applicant would request a tabling to re-evaluate their project due to the following reasons: 01) Control, as per an agreement with the Division of wildlife relatin;1 to access, public land usage and prohibition. If the roads are to be publlC the agreement will have to be re-negotiated. 02) Safety, minimize interaction with the public. The applicant feels a bike path would be unsafe and would have to be indemnified for the railroad crossing. Commissioner Johnson questioned the indemnification for the bike path. r:rr. Jamar stated it was his understanding if the roads were to be public the blke path would hook into Highway 6, and that railroad crossing only has a seven second site distance. Mr. Fritze stated if the roads were public it would then be the responsibility of the County. Mr. Wear stated he belleves the liability is there for the applicant. 03) low density, residential neighborhood. 04) cost. Mr. ~a~r continued to d~scuss th~ proposed ~roject. COnmlSS10ner Gates questloned POllce protectlon, ambulance service and fire protection equipment gettin;1 through the locked gate. ~. Ja~r stated the gate wll1 be a breakaway gate or be manned. D1Scus~10n fol~owed on the ro~ds ~ing private verses public. Mr. Frltze advlsed the Board lt wl11 be a determination by the Board. He stated the legal concerns are with law enforcement agencies but there 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 could be ways to address those issues. Discussion continued on the proposed development. Commissioner Johnson moved to approve file number PD-296-94-A, with Staff conditions 1, 2, 3 and 4, number 5 being substituted by the original language and recommendations prior to being tabled, reading "the internal road system shall be'built to County Engineered standards, agreed upon by County Engineer and dedicated to the County." Also included are Staff conditions 6, 7, 8, 9, 10, 11. Commissioner Gates asked for clarification, approved as a private or public road. Commissioner Johnson stated the roads would be public. commissioner Gates and Chairman Phillips would not second the motion. The motion dies for lack of a second. Commissioner Gates moved to approve file number PD-296-94-A, incorporating Staff findings and recommendations. All roads within the subdivision shall remain private built to County standards. commissioner Johnson seconded the motion. In discussion, Commissioner Johnson stated he was disappointed for the County to be black mailed because basically the applicant has stated if they do not have private roads they will have greater density. Chairman Phillips stated she understands the developer and believes the subdivision is private. commissioner Gates stated he appreciated the down zoning by the applicant. Jack Lewis, County Manager, read County standards for roads within the County. Sid Fox stated there is a provision in Staff's recommendation requires a trail easement linking the bike lanes to the 1-70 underpass. He stated the applicant agreed to maintain or acquire a development easement on the Western edge of the ~roperty. Staff agreed to delete that provision. Commissloner Gates agreed to delete that provision from paragraph four (4) number one (1). Commissioner Johnson agreed to delete that provision from his second. Discussion continued on the proposed development. Jim Fritze informed the Board there will be a resolution containing all findings discussed today. Chairman Phillips called for the guestion on the motion. commissioners Gates and Phillips voting yes and comrrussioner Johnson voting no. Commissioner Gates moved to approve file number PD-296-94-P. Cottonwood, incorporating Staff findings and recommendations. Chairman Phillips seconded the motion. commissioners Gates and Phillips voting yes and Commissioner Johnson voting no. PD-293-94-A, Cordillera sid Fox presented file number PD-293-94-A, Cordillera PUD Amendment. He reviewed Staff findings for the Board and stated Staff recommended approval. Lance Badger, representing the applicant, stated they are making clarifications to upgrade the development. Joe Brown, area resident, stated when he purchased his property he was told the area would be single family detached homes, now the plan is changing. He suggested the Board table this matter to further investigate building envelopes, development standards and property values. Commissioner Johnson asked if there were any ridge line restrictions. Mr. Fox stated as part of the original Cordl11era application it was understood some of the ridge line would be developed but will have standards. Mr. Badger stated when Alcazar was originally approved it was multi- f~mily development but during the process it was changed to single family sltes. Wendy Sacks, area resident, stated she believed this part of the application is pretty grey. She showed ~hotos of houses currently existing on th~ property and showed the Board a plcture of the proposed bUllding for lot SlX (6). Mr. Badger stated this PUD Amendment does not change anything that is 3 currently allowed. Mr. Fox stated the PUD Guide does require building envelopes but the PUD Amendment does not. Jim Fritze stated if the Board is considering changing the PUD it should not be done at this hearing but rather advertised and investigated, allowing adjacent pro~erty owners to be present for testimony. Discusslon continued on the proposed PUD Amendment. Commissioner Johnson moved to table file number PD-293-94-A, Cordillera to June 14, 1994 for further investigation. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. SU-320-94-S, Bear Gulch SUbdivision Paul Clarkson presented file number SU-320-94-S, Bear Gulch Subdivision. He stated this was a request for five single family units on fifty (50) acres. He reviewed Staff findin;1s for the Board and stated Staff recorrmends approval with the following condltions: 01) Ade~ate evidence of a water supply that is sufficient in terms of quality, quantlty and dependability will be available. Adequate evidence the existlng I?hysical supply as well as the legal rights will not be harmed. Conformance wlth Section 30-28-133 (3) (d) and 30-28-136, C.R.S. 1973, and Section 2.18.01 (4) (m) (1) of the Eagle County Land Use Regulations. 02) Adequate evidence that ISDS is or can be made sui table for each lot and that the additional loadin;1 will not have any affects off-site. 03) An adequate fire mitlgation plan, both "in home" and wildfire. 04) Adequate restriction details concerning but not necessarily limited to bear-proofing, dog and fence restrictions, a raptor survey, smaller building envelopes, wildlife movement corridors. It is further requested the a~plicant work with the neighboring property owners and the row to develop a falr, consistent and equitable method for examining and mitigating all potential future wildlife impacts. 05) Adequate demonstration of County Engineer'S concerns, a) Individual lot access easements and grades b) Shade 30% or greater slopes c) Building Envelopes to minimize visual and site impacts d) Investigate conservation easement on steep east facing slope. 06) The County reserves the right based upon the required additional information to impose further lot size, geometry and/or number restrictions. 07) School land dedication fees based upon the relevant precinct at final plat. 08) Appropriate off-site road impacts at final ~lat. 09) The Preliminary Plan should show the possibllity of "ridgelining" dwelling units has been severely curtailed. Mr. Clarkson stated the applicant does agree with all conditions. Kevin Lindahl, representing the applicant, requested Heidi Jouflas be allowed to speak as she has to leave the hearing. The Board concurred. Heide Jouflas, stated the applicant needs to work to create an overall wildlife mitigation plan that would be acceptable to the area. Commissioner Johnson moved file number SU-320-94-S, Bear Gulch Subdivision, incorparating Staff findings and conditions, and urging the applicant to report back with a completed wildlife plan. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. SU-321-94-AF, Aspen Mesa Estates Patti Haefeli, Planner, presented file number SU-321-94-AF, Aspen Mesa Estates, Lot 3, Block A, Filing 1. She stated the applicant could not reach the deadline and requested this matter be tabled to May 31, 1994. Commissioner Johnson moved to table file number SU-321-94-AF, Aspen Mesa Estates, Lot 3, Block A, Filing 1 to May 31, 1994. Chairman Phillips seconded the motlon. Of the two voting Commissioners the vote was declared unanimous. ,4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 Plat & Resolution Signing Patti Haefeli presented Resolution 94-59, Preliminary Plan for Blue Lake PUD, file number PD-207-93-P. Commissioner Johnson moved to approve Resolution 94-59, Blue Lake PUD, PD-207-93-P. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Patti Haefeli presented Resolution 94-60, temporary housing permit for Jerry and Sharla Nelson, file number T-21-94. Commissioner Johnson moved to approve Resolution 94-60, temporary housing permit for Jerry and SharI a Nelson, file number T-21-94. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Patti Haefeli presented Resolution 94-61, special use permit for George H. Daniels, file number ZS-342-94. Commissioner Johnson moved to approve Resolution 94-61, special use permit for George H. Daniels, file number ZS-342-94. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Patti Haefeli presented Resolution 94-62, special use permit for Rocky Mountain Natural Gas and Public Service Company, file number ZS-343-94. Commissioner Johnson moved to approve Resolution 94-62, special use permit for Rocky Mountain Natural Gas and Public Service Company, file number ZS-343-94. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Patti Haefeli presented Resolution 94-63, special use permit for US West New Vector Group, Inc., file number ZS-345-94. Commissioner Johnson moved to approve Resolution 94-63, special use permit for US West New Vector Group, Inc., file number ZS-345-94. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Patti Haefeli presented Resolution 94-64, special use permit for US West New Vector Group, Inc., file number ZS-346-94. Commissioner Johnson moved.tbapprove Resolution 94-64, special use permit for US West New Vector Group, Inc., file number ZS-346-94. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PD-293-94-AF, Cordillera sid Fox presented file number PD-293-94-AF, Cordillera, Lot 40, Filing 2. He stated this application was a request for an amended final plat adjusting the platted building envelope. He informed the Board the building envelopes will be enlarged to allow for a swimming pool. Commissioner Johnson asked if this was a minor subdivision why was it before the Board. Mr. Fox stated as this was an amended final plat Staff determined to bring the matter before the Board. Commissioner Johnson moved to approve file number PD-293-94-AF, Cordillera. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 5 SE-294-93, Box Electric Paul Clarkson presented file number SE-294-93, Box Electric. He stated this was a request for a subdivision exemption. He read Staff findings for the Board and related Staff recommended approval. Commissioner Johnson moved to approve file number SE-294-93, Box Electric. 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 May 23, 1994. Attest: ~~ 6