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HomeMy WebLinkAboutMinutes 05/31/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 31 1994 Present: Johrmette Phillips James Johnson, Jr. George "Bud" Gates Jim Fritze Earlene Roach Chai:rman Commissioner Commissioner 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: SE-299-93, Avery Exemption SE-300-93, Haynes Exemption Paul Clarkson, Planner, presented file numbers SE-299-93, Avery Exemption and SE-30093, HaYnes Exemption. He stated this property lS located approximately four and a half miles up Colorado River Road. Mr. Clarkson stated this request to combine three ille$al parcels into two legal parcels. He stated access does exist, water is avallable and sewer can be accomplished. Staff recommended approval. Commissioner Gates moved to approve file numbers SE-299-93, Avery Exemption and SE-300-93, HaYnes Exemption, incorporating Staff findings and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Gates moved to authorize the Chai:rman to sign the plat for the Avery HaYnes Exemption. Commissloner Johnson seconded the motion. The vote was declared unanimous. 1041-026-94, Mid Valley Metropolitan District Paul Clarkson presented file number l04l-026-94, Mid Valley Metro~litan District. He stated this is a completeness hearing for a major extenslon of a water and sewer system for Arnold Meadows. He stated the application will cover an additional 120 residential units. Mr. Clarkson stated much of the proposed development is in Garfield County and a small portion in Eagle County. He advised the Board the ap~licant is requesting a waiver of certain submittal requirements. The Board wlll schedule dates to hear the request for waiver, establish the fees and determine completeness of the application. Staff finds this application to be complete, suggests July 19, 1994 as the hearing date to consider the application and the waiver request and establish the estimated fees to be $3,150.00. Lee Levenworth, Attorney representing the applicant, stated they agree with the dates and fees. Commissioner Jormson moved to find the application of Mid Valley Metropolitan District complete, set the date of July 19, 1994 as the hearing date for the application and waiver requests and establish the estimated fees at $3,150.00. Staff's findings and recommendations shall be included in the motion. Commissioner Gates seconded the motion. The vote was declared unanlmous . PD-323-94-sjP, H & R Contracting Sid Fox, Planning Manager, presented file number PD-323-94-S/P, H & R 1 Contracting. He stated this property is located East of the Beaver Creek PUD and is currently zoned Resource. He reviewed the proposal for the Board. Mark Donaldson, representing the applicant, stated they choose the PUD zonin$ due to its many uses. He informed the Board a contractor's storage yard lS not a part of this application. Mr. Donaldson stated in the future the a~plicant will seek annexation into the Town of Avon. He related this area lS less than a five acre parcel. Mr. Fox stated future use would have to come before the Board for evaluation and either approval of denial. commissioner Johnson stated if this application were approved for office use it does not eliminate any type of office usage. Jim Fritze, County Attorney, stated the land use is office and traffic will be controlled by an access permit. Discussion followed on the different possible uses which would be allowed in this use. Sid Fox reviewed Staff findings and recommendations for the Board. Staff recommended approval with the following conditions: 01) An approved CDOT Highway Access Permit must be approved and submitted with the Final Plat application. 02) Waivers of the E.I.S. requirement and the of acre PUD minimum lot size. Commissioner Gates moved to approve the waiver of the five acre requirement, file number PD-323-94-S/P, H & R Contracting. commissioner Johnson seconded the motion. The vote was declared unanlmous. Commissioner Johnson moved to ap~rove file number PD-323-94-S/P, H & R Contracting, incorporating Staff findlngs and recommendations. commissioner Gates seconded the motion. The vote was declared unanimous. commissioner Gates moved to approve the waiver of the E.I.S. Statement. Commissioner Johnson seconded the motion. The vote was declared unanimous. ZS-348-94, Gypsum Point Communication Site Keith Montag, Director of Community Development, presented file number ZS-348-94, Gypsum Point Commmication Slte. He stated this is an application for a multi-user site on BUM property, approximately two and one half miles North of Gypsum. He related the application is for a building, 16 feet by 40 feet, and 10 feet high. The proposal is to allow antenna's not to exceed 20 feet. Mr. Montag stated the current zoning is Resource and utility lines will be extended from the Dotsero area. He reviewed Staff findings and recommendations for the Board. Staff recommended approval with the following conditions: 01) Compliance with all BUM conditions of Right-of-Way Permit approval. 02) A pe:rrnanent height limitation of 20 feet and width limitation of 16 feet for the total facility. 03) Antennae (whip, panel, etc) , satellite dishes and other a~paratus attached to the building tower shall be limited to four feet in dlameter. 04) Building and apparatus color shall be of a type that will not cause glare or reflectivity and blends with natural surroundings. If glare, reflectivity or obtrusiveness because of color type occurs, the applicant will amend the surface treatment to correct the problem. 05) Building location shall be as far back from the ridgeline as possible while still achieving the commmications coverage necessary and keeping removal of existing vegetation to a minimum. 06) Additional communications users shall be permitted on the Mountain Top Management facility without additional County approval if the additions comply with the above are not increased and necessary approvals are obtained from the BUM. 07) Acquisition of the appropriate permits (building, electrical, etc.) from Eagle County. 08) Compliance with Section 2.07.07: a) all storage of materials shall be within a building. b) no dust, noise, odor, glare and vibration shall be 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 projected beyond the site. 09) All construction materials will be removed from the site. The Eagle Valley Planning Commission recommended approval with the same conditions. Dou$ Lofland, applicant, stated two cellular companies have written letters lndicating the proposed site meets their current needs. Jack Lewis, County Manager, stated there has been commmication from various companies indicating the site will not work for them. Discussion followed on if the site will work for all companies. Commissioner Gates questioned if the site was big enough for current and future users. Mike Motese, Bureau of Land Management, stated it is the BUM who was forcing the issue of closing the other tower sites. He stated it is in the best interest of the County to use this site. Mr. Motese stated currently there are two companies uSlng the East site, only one of which is up there legally. Commissioner Johnson moved to a~prove file number ZS-348-94, Gypsum Point Communication Site, incorporatlng Staff findings and recommendations, condition number two shall include the language as follows, "a pe:rrnanent hei$ht limitation of twenty feet, width limitation of sixteen feet and length limltation of forty feet, for the total facility." Commissioner Gates seconded the motion. The vote was declared unanimous. SU-321-94-AF, Aspen Mesa Estates Patti Haefeli, Planning Tecrmician, presented file number SU-321-94-AF, Aspen Mesa Estates, Lot 3, Filing 1. She stated this application is to reduce the size of an existing equestrian easement. She reviewed Staff findings and recommendations for the Board. Staff recommended approval. Commissioner Johnson asked if this application was a PUD and asked if the esquistrian area had been a part of the previous application. Ms. Haefeli stated as part of the final plat the esquistrian easement was dedicated. Commissioner Gates moved to approve SU-321-94-AF, Aspen Mesa Estates, Lot 3, Filin$ 1, incorporating Staff findings and recommendations. Commissloner Jormson seconded the motion. The vote was declared unanimous. PD-293-94-F3, Cordillera sid Fox presented file number PD-293-94-F3, Cordillera, Filin$ 14, Club Cottages. He stated this application is a final plat for twelve slngle- family lots on 10.2 acres. He reviewed Staff findings and recommendations for the Board. Staff recommended approval. Commissioner Jormson moved to approve file number PD-293-94-F3, Cordillera, Filing 14, Club Cottages, incorporating Staff findings and recommendations. Commissioner Gates seconded the motion. The vote was declared unanimous. LUR-010-94, Land Use Regulations Keith Montag presented file number LUR-010-94, Eagle County Land Use Regulations. He stated this change is to create a Type II Final Plat review process. He explained the change to the Board. He reviewed Staff findings and recommendations. Staff recommended approval. Di?cussion followed on the proposed change to the Eagle County Land Use Regulatlons. Commissioner Gates moved to approve file number LUR-010-94, Eagle County Land Use Regulations, incorporating Staff findings and recommendations. Commissioner Jormson seconded the motion. The vote was declared unanimous. 3 PD-293-94-F3, Cordillera sid Fox presented the Subdivision Improvements Agreement and Public Improvement Drawings for file number PD-293-94-F3, Cordillera, Filing 14, Club Cottages. Commissioner Gates moved to approve the Subdivision Improvements Agreement and Public Improvement Drawings for file number PD-293-94-F3, Cordillera, incorporating Staff findings and recommendations. Commissioner Jormson seconded the motion. In discussion, Commissioner Jormson asked was it by custom or regulation the subdivider extend the collateral for ten days prior to the expiration. Mr. Fox stated it was by policy. Discussion followed on changing the extension to possibly twenty days. Chai:rrnan Phillips called for the question on the motion. The vote was declared unanimous. Plat & Resolution Signing Pattie Haefeli presented Resolution 94-70, file number SU-318-94-S, Arnold Meadows. Commissioner Gates moved to approve Resolution 94-70, file number SU- 318-94-S, Arnold Meadows. Chai:rrnan Phillips seconded the motion. commissioners Phillips and Gates voting yes, Commissioner Johnson abstained. Pattie Haefeli presented Resolution 94-71, file number SU-320-94-S, Bear Gulch. commissioner Johnson moved to approve Resolution 94-71, file number SU- 320-94-S, Bear Gulch. Commissioner Gates seconded the motion. The vote was declared unanimous. Patti Haefeli presented final plat file number SU-278-94-AF, Aspen Junction. Commissioner Gates moved to approve final plat file number SU-278-94-AF, Aspen Junction. commissioner Johnson seconded the motion. The vote was declared unanimous. Old Orchard Plaza Jim Fritze presented a substitution of collateral for Old Orchard Plaza II. He stated the Attorney's Office has received the Letter of Credit and the plat note has been removed. He recommended the Board approve the substitution of collateral. commissioner Johnson moved to approve the substitution of collateral for Old Orchard Plaza II. Commissioner Gates seconded the motion. The vote was declared unanimous. Agreement, Rick Evancho Mike Bradley, Buildin$s and Grounds Supervisor, presented an agreement between Eagle County and R1Ck Evancho for the purchase of an office building located at 850 Chambers Avenue, Eagle. He stated the County has agreed to a price of $600,000.00, which does not include the cost of remodeling. He stated the office space will house the District Attorney, Commmity Service and Probation. Commissioner Gates asked about the availability of contractors for the proposed remodel. Chai:rrnan Phillips asked if the money for the purchase of this building was budgeted. Jim Fritze stated the money will be a supplemental budget appropriation. Mr. Bradley stated the cost of the remodel will be approximately $70,000.00. commissioner Johnson stated he felt the purchase of the building was a better deal when the purchase price included the cost of the remodel. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Bradley stated negotiations broke down concerning the remodel. Discussion continued on the proposed purchase of the building located at 850 Chambers Road. Commissioner Johnson moved to adjourn into "Executive Session" to discuss legal issues. Commissioner Gates seconded the motion. The vote was declared unanimous. After reconvening from "Executive Session", Commissioner Gates moved to approve the agreement between Eagle County and Rick Evancho, for the purchase of the building located at 850 Chambers Road. Commissioner Johnson seconded the motion. In discussion, Rick Evancho, owner of the building, discussed the warranty period for the building. Chai:rrnan Phillips called for the question on the motion. The vote was declared unanimous. Open Meeting Andy Johnson, Homestead Homeowners Association, appeared to discuss access along Homestead Drive. He spoke to steepness of grade. Commissioner Jormson informed Mr. Jormson he would have to go through the PUD Amendment process to allow different access to his property. The Board concurred Mr. Jormson would have to go through the PUD Amendment process. Mary Hoza, area resident, appeared to ask the Commissioners to give the library additional consideration as there are quite a few items to consider. She expressed concerns with loosing portions of the Town park. There being no further business to be brought before the Board the meeting was adjourned until June 6, 1994. Attest: ~~ 5