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HomeMy WebLinkAboutMinutes 08/16/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING AUGUST 16, 1994 Present: Johnnette Phillips George "Bud" Gates James Johnson, Jr. Jim Fritze Sara J. Fisher Chairman Commissioner Comrrdssioner Connty Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of Connty Commissioners for their consideration: Plat & Resolution Signing Kathy Eastley, Planner, presented file number SM-919-94-F, Berry Creek Subdivision, Lot 49, Filing 1. She stated this was a minor type "B" plat, a resubdivision of the aforementioned lot. The plat does contain the duplex split caveat. Commissioner Gates moved to approve final plat SM-919-94-F, Berry Creek Subdivision, Lot 49, Filing 1. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson was not present for this item. Ms. Eastley presented Resolution 94-118, file number T-22-94, granting a Temporary Housing Permit to Metro Traffic Control in the Colorow Subdivision. This permit was approved on July 22, 1994. commissioner Gates moved to approve Resolution 94-118, file number T-22- 94, approvin;J a Temporary Housing Permit to Metro Traffic Control in the Colorow Subdlvision. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Eastley presented Resolution 94-119, file number PD-322-94, approving the amendment to the Mid Valley Planned Unit Development. Commissioner Johnson moved to approve Resolution 94-119, file number PD- 322-94, approving the amendment to the Mid Valley PUD. Commissioner Gates seconded the motion. The vote was declared unanlmous. Ms. Eastley presented Resolution 94-120, file number SU-325-94-S, approving the sketch plan for the Palmer Subdivision. Commissioner Gates moved to approve Resolution 93-120, file number Su- 325-94-S, approving the sketch plan for Palmer Subdivision. Comrrdssioner Johnson seconded the motion. Commissioners Gates & Phillips voting aye, Commissioner Johnson abstaining. Ms. Eastley presented Resolution 94-121, file number 1041-027-94, approving a permit to construct Vail Mountain Water and Sewer Facilities. Commissioner Johnson moved to approve Resolution 94-121, file number 1041-027-04, approving a permit to construct Vail Mountain Water and Sewer Facilities. commissioner Gates seconded the motion. Commissioners Gates and Phillips voting yes and Commissioner Johnson abstaining. 1 Eby Creek Mesa Subdivision Phil Scott, Engineering Technician, presented a partial release of collateral for Eby Creek Mesa Subdivision, Phase I. Inspections have been made on site and recommended the original amount of $528,760.00 and retain $494,991.60. Jim Fritze, Connty Attorney, stated this a$reement is technically in breech as the current Letter of Credit expires ln few days. He stated the Board did not require full collateral, but accepted a little more than half. He stated the agreement provides a new Letter of Credit be supplies for the 2nd years collateral. Mr. Fritze informed the Board Alpine Bank contacted the Connty regarding said letter and wanted to know the amonnt needed. Mary Jo Berenato, Deputy County Attorney, stated she met with the applicants on August 3, 1994 discussing the thirty-eight lots the County held as collateral. She stated at the time of the meeting she did not realize the County did not want the lots to remain as collateral. Mr. Fritze stated a letter was sent to the applicant indicating the situation. He related the applicant has not responded at this time. He stated the Subdivision Improvements Agreement clearly states once the work has been successfully completed the lots will be deeded back to the developer. Wendy Sachs, developer, asked if the Connty has not received a faxed copy of the Letter of Credit from Alpine Bank. Mr. Fritze stated he was told the Letter of Credit was on hold. Brian O'Reilly, Attorney representing the applicant, reviewed prior meetings with Connty Staff. He stated he believes the County should reduce the collateral. Mr. Fritze stated the first two meetings between County Staff and the applicant referenced by Mr. O'Reilly, resulted in discussion on Phase II collateralization. He stated collateralization of Phase I was not discussed. He stated the Connty does have the lots, two of which are of some value, and the other lots are ln Phase III. He stated in the letter, Ms. Berenato stated Staff did not have the authority or direction from the Board to reduce the amount of collateral. Commissioner Gates asked if Staff had a recommended solution. Les Finkelstein, subdivider, stated all contracts have been warranted with Phase I, and by October 7, 1994 all improvements will be completed for Phase I, fully ahead of the date in the Subdivision Improvements Agreement and on time. He stated the Engineering Department has the schedule. Mr. O'Reilly stated meeting with the Staff makes good sense. He stated the contracts were based on maintaining the lots as collateral and contemplated the lots would make up the difference in the collateral amount. Chairman Phillips suggested this matter be tabled to allow Staff time to meet with the applicant. Mr. Fritze stated $494,911.00 is the amount left for improvements as a result of Phase I and Phase II. He suggested the Board table this nntil later in the day. Commissioner Gates moved to table this matter to 3:30 p.m. today. ,Commissioner Johnson seconded the motion. The vote was declared unanlmous . SU-239-94-AF, Ladybelle View Subdivision ,K~i~h Montag presente~ f~le number SU-239-94-AF, Ladybelle View Subdlvlslon. He stated thlS lS a request to amend the building envelope for Lot 1 Ladybelle View Subdivision. He stated the applicant has proposed to move the building envelope to create better access. Staff recommended approval. Commissioner Johnson moved to approve file number SU-239-94-AF Ladybelle,Vi~w Subdivision, incorporatin;J Staff findings and recomm~ndations. Commlssloner Gates seconded the motlon. The vote was declared unanimous. PD-100-94-F, Strawberry Park at Beaver Creek Keith Montag presented file number PD-100-94-F, Strawberry Park at Beaver Creek. He stated this is a final plat application for thirty lots 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 located within the Beaver Creek PUD. Staff recommended approval and informed the Board the school land dedication fees will be collected at the time of recording. Commissioner Johnson asked if the school land dedication fees were based on todays date or when they're !?aid. Peter Jamar, Jamar & Assoclates, stated technically the fee was paid years ago. He stated there was discussion with the School District and it was agreed the payment would be a lump sum prior to the recording of the first plat for Beaver Creek PUD. Ms. Berenato asked the applicant to provide copies of that agreement to Staff. Mr. Montag stated the Connty has a Subdivision Improvements Agreement and a Road Improvements Agreement. Tom Ra;Jonetti, Attorney for the applicant, requested if the Board approves thlS application the documents not be recorded for one year. He stated the recording triggers some requirements the applicant cannot meet without the zoning being free of challenge. He stated the Subdivision Improvements Agreement would not take effect until recordation of the plat, however the applicant would like to complete some of the road work so will sign and collateralize the Road Improvements Agreement. Commissioner Gates asked if the applicant could not accomplish the same results with a grading permit. Mr. Ragonetti stated the applicant is trying to have all approvals in place. Chairman Phillips asked if the applicant thought the improvements would be complete in six months. Mr. Ragonetti stated it is likely, however the approval would require dates be met that might be impossible. Commissioner Johnson stated he is hesitant to consider the extension of something not yet approved and would rather have the applicant come back showing good cause. Mr. Ragonetti stated the applicant is trying to be candid because it is more efficient to obtain the approvals now. Ms. Berenato stated it is the Connty's law suit that is pending and stated she does not believe it will be heard in six months. Mr. Ragonetti stated if the dockets are crowded they will need a year. Ms. Berenato asked the Board to authorize the Chairman to sign the plat and the Subdivision Improvements Agreement when ready to record. She stated Staff will receive a letter of credit and the Chairman needs to be authorized to sign the Road Improvements Agreement. She stated should the Board decide to approve the request she would ask the Board to initial the plat, which will remain on file in Community Development until it is recorded. Discussion continued on the request. Commissioner Gates moved to authorize the Chairman to sign the final plat prior to recording, the Subdivision Improvements Agreement at the time of the recording of the plat and the Road Improvements Agreement upon receipt of acceptable collateral by County Attorney's Office. The Board shall allow an extension until August 15, 1995. commissioner Johnson seconded the motion. The vote was declared unanimous. PD-293-94-F5, Cordillera, Filing 16 Patti Haefeli presented file number PD-293-94-F5, Cordillera, Filin;J 16. She stated this is a request for final plat application for sixty (60) slngle family lots on 52.347 acres. Staff recommended approval. Ms. Berenato asked if appropriate collateral has been submitted. Mark Avery, representing the applicant, informed the Board collateral will be provided in the next two to three months. Ms. Berenato stated improvements must be collateralized before the Subdivision Improvements Agreement can be signed. She asked if there was a plat note on the plat. Ms. Haefeli stated a plat note has been placed on the plat prohibiting the sale of lots until substitute collateral has been submitted. 3 Ms. Berenato informed the Board the plat note would be sufficient nntil different collateral can be submitted. Lance Badger, representing the a!?plicant, stated they changed to a PUD to clarify language and stated he belleves the golf course was a permitted use. commissioner Johnson moved to approve file number PD-293-94-F5, Cordillera, Filing 16. Commissioner Gates seconded the motion. The vote was declared nnanimous . commissioner Gates moved to ap!?rove the final plat file number PD-293- 94-F5, including plat note number nlne (9). Commissioner Johnson seconded the motion. commissioners Gates and Phillips voting aye, commissioner Johnson voting no. 1041-026-94, Mid Valley Metro District Paul Clarkson presented file number 1041-026004, Mid-Valley Metropolitan District. He stated this was a major extension of an existing domestic water and sewer treatment system to include Arnold Meadows development in both Eagle and Garfield Counties. He stated the applicant has submitted a request for waiver of certain submittal requirements. He stated this matter was ~abled from a previous hearing to allow the applicant time to resolve certain lssues. Commissioner Johnson asked there were restrictions/requirements requested to be waived earlier. Mr. Clarkson stated yes, concerning data required concerning systems within the metropolitan dlstrict, i.e. Crawford sewage treatment lagoons and Sopris Meadows. He stated the first issue is the statement the districts waste water treatment facility will be at 88%. He stated the State requires expansion plans be submitted at 85%. Lee Leavenworth, Attorney representing the applicant, stated the District is in the budgetary process for expansion at the current time and the plan has commenced. Commissioner Johnson asked if the District was going to go mechanical what was the purpose for the extra lagoon. Lewis Meyer, Engineer, stated the District will be able to use the new lagoon and the mechanical portions in conjnnction with each other. Mr. Clarkson stated the next item was the financial capability of the District. He stated the District is currently over $3,000,000.00 ln debt. Mr. Loeffler asked if the $3,000,000.00 was accumulated over the lifetime of the District. Mr. Leavenworth stated that is correct. Mr. Loeffler asked about the $4,200,000.00, which includes bonds and land. Mr. Leavenworth stated that was correct. He stated he disa;Jrees as the District approaches capacity they should also be approaching retlrement of the debt. He e~lained what the funds were used for and why the District is not close to retlrement of the debt. Allen Sartin, Finance Director, stated when the District ado!?ts their mill levy it is done in two separate adoptions. He stated there lS a portion adopted for debt service and operations and the debt service is excluded from Amendment One. Mr. Clarkson continued to review the outstanding issues. Commissioner Johnson moved to approve file number 1041-026-94, incorporatin;J Staff findings and recommendations. Commissloner Gates seconded the motion. The vote was declared unanimous. . <;ommissioner Johnson moved to approve the waiver request by the Dlstrlct. Commissioner Gates seconded the motion. The vote was declared nnanimous . PD-318-94-P, A:rn.old Meadows Paul Clarkson presented file number PD-318-94-P, Arnold Meadows. He stated this is a request for Preliminary Plan and Zone Change from Resource to PUD on 16.355 acres of land. He stated there are a total of nine units in 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Eagle County with a total of seventy-three units. Mr. Clarkson reviewed the following: existing zoning: resource proposed zoning: PUD dwelling units: 9 (Eagle County) 73 (total) total acres: 16.355 (Eagle County) 45.301 (total) minimum lot area: 0.50 acres maximum lot area: 1.93 acres open space: 34.2% (entire project) usable open space: 25% (entire project) gross density: 1.6 DU's per acre net density: 3.00 DU's per acre water: Mid-Valley Metro sewer: Mid-Valley Metro. Paul Clarkson reviewed Staff's major concerns and issues for the Board. He discussed the lower standards required in Garfield County for that portion of the project. Commissioner Johnson questioned consistency with this development and why the lower standards. Mr. Clarkson stated if the project is to be consistent Eagle Connty will lower the standards. Commissioner Johnson asked why Garfield County won't raise their standards. Mr. Clarkson stated the applicant filed in Garfield County first. Staff recommended approval with the following conditions: 01) Building envelopes shall be platted approximately in accordance with the submitted landscape plan, except lots 7, 8 and 9, which shall be moved further to the North in order to increase the buffer from the treatment ponds. 02) A CDOT access permit shall be issued or it shall be demonstrated that a permit has been issued. 03) The final plat shall not be considered for review until the Mid-Valley Metropolitan District has provided written consent to do so. The applicant should cause the District to submit a letter of commitment for water service to the County and the State. 04) Sinkhole hazard potential shall be evaluated by a valid geotechnical and or geophysical methods for further submission and review by the Colorado Geological Survey. The report shall contain appropriate mitigation measure if any are deemed to be needed or necessary. 05) The PUD GUlde shall only refer to the number of dogs and cats allowed by any lot owner and that dogs shall be under full owner control at all times. All other pet restrictions currently in the PUD Guide should be considered in the covenants. Farm and ranch animal references should be removed. Alteration, obstruction or diversion of the natural drainage courses and patterns should be restricted. The minimum landscaping standards should be included in the covenants or PUD Guide. The following items should be addressed in the PUD Guide: signs fencing outdoor lighting parking storage maximum or minimum floor area restrictions, if any. 06) Off-site road impact fees as determined by County Engineer. 07) Cash in lieu of school dedication fee: 9 X .014495 = .130455 acres by $10,000.00 per acre = $1,304.55. 08) Recommendations as outlined by County Engineer in a memo dated June 29, 1994. The Roaring Fork Planning Commission recommended approval incorporating Staff's conditions with the following changes: 01) Building envelopes shall be plated approximately in accordance with the submitted landscape plan, except lots 7, 8 and 9, which shall be 5 placed in order to provide adequate buffer from the treatment ponds. 04) The applicant's geolO$ist shall clarify the potential for sinkhole potential for further submition to the Colorado Geological Survey. The report shall contain appropriate mitigation measures if any are deemed to be needed or possible. 08) Recommendations as outlined by County Engineer in a memo dated June 29, 1994 except that sidewalks, curb and gutter should be consistent with Garfield County's requirements. 09) Approval of the Mid-Valley Metropolitan District 1041 application. Chairman Phillips asked if the plan had been approved by Garfield County and if curb and gutters were required. Mr. Isom stated the plan was approved by Garfield Connty, curb and gutter were required but a separate sidewalk to the South of the lots down along Blue Creek. Phil Scott, Engineering Technician, stated the disagreement was with the lots not backing onto the open space. He stated owners of those lots are still walking in the street in order to get to the open s!?ace amenities. Mr. Isom stated the meeting with Mid-Valley Metropolltan District is this evening so the inclusion agreement will be resolved. He stated the only geologic restraint area is the lower meadows. Mr. Loeffler asked if there was any condition in the approval from Garfield to prevent the applicant from building to Eagle Connty standards. Mr. Isom stated Garfield Connty does not see this as an urban type project but rather view the development as rural density. Chairman Phillips asked where the Engineering Department would like to see the sidewalk installed. Mr. Scott stated the Engineering Department would like the sidewalks along the street. Discussion followed on collateralization of the project. Commissioner Johnson moved to approve file number PD-318-94-P, inco~rating Staff findings and recommendations and the Roaring Fork Valley Plannlng commission recommendations. An additional condition shall read as follows: the PUD Guide shall be approved by the Board of Connty Commissioners prior to ap~roval or signing of the Resolution indicating action taken at this hearlng. condition number five, the word or shall be chan~ed to and. condition number four, the word needed or imposslble shall be eliminated and shall be substituted with necessary. Commissioner Gates seconded the motion. In discussion, Mr. Clarkson informed the Board the minimum landscaping standards in a PUD make landscaping a zonin;J issue. Chairman Phillips called for the questlon on the motion. The vote was declared unanimous. PD-313-93, El Jebel Texaco Steve Isom stated when the EI Jebel Texaco project was approved, there was a proposal for a drive through car wash. The applicant then decided to remove the drive through car wash and install a drive up window instead. Mr. Isom stated this requires approval from the Plannin;J commission and the Board of Connty commissioners. Mr. Isom stated the trafflc engineer looked at the change and reported there will be an additional forty or fifty cars at the peak times, which would require an additional turn lane out of EI Jebel Road onto Highway 82. He stated the Planning Commission denied the pro!?osal as they felt it was too much for the site. He stated the applicant wlll come back with an amended site plan. Mr. Isom withdrew the application, file number PD-313-93, EI Jebel Texaco. S-M Petroleum Highway Sign Paul Clarkson stated the next item on the agenda was the S-M Petroleum Sign. He stated the application is for a permit to post a business sign on the Interstate by Edwards. Chairman Phlllips asked why the Board needs to get involved. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEl'S 387869 Mr. Loeffler stated the Colorado Department of Highways requires local approval before the application is submitted to the State. Scott Metzger, S-M Petroleum, stated the sign is a uniform sign provided by the State and logos will be provided by the users. He stated this will help lessen the impact of the increased competition. He stated maybe there is not a desire to obtain business from interstate traffic. Commissioner Johnson questioned a total of four signs. Mr. Clarkson stated the signs would be subject to rules, regulations and standards pertaining to information and business signs and the Colorado Department of Transportation. He stated there are specific requirements which would have to be met. Mr. Clarkson stated the Eagle County Sign Code specifically includes off-site signs. Discussion followed on the pros and cons of having business signs. Commissioner Johnson moved to table a decision on S-M Petroleum highway signs in order to clarify the issues, to August 30, 1994. Commissioner Gates seconded the motion. The vote was declared unanimous. ZS-353-94, Cellular One Ellie Caryl, Planner, presented file number ZS-353-94, Cellular One. She stated this is a request to locate a cellular communications facility on and adjacent to the Town of Eagle water tank parcel in order to improve cellular telecommunications coverage to the Eagle/Gypsum areas. She stated the parcel is owned by the Town of Eagle but is outside the town limits. She stated the applicant lS requesting he be allowed to install three whip antenna's monnted on the top rim of the water tank. She stated the tank is approximately thirty-six (36) feet tall. Commissloner Gates asked if this application was consistent with current cellular sites currently in use. Ms. Caryl stated yes and this site will operate in tandem with the ~sum Point site. She stated there would be an equipment storage structure, SlX feet by nine feet by four feet, located adjacent to the water tank. Staff recommended approval with the following conditions: 01) A permanent limitation of three ten foot whip antennas and one 4' x6' satellite dish attached to the water tank. 02) Equipment mounted on the water tank shall be painted to match the existing tank color. 03) The accessory equi!?ment buildin$ shall be sited in a final location that most stringently llmits its vislbility from outside of the site boundaries. 04) Appropriate permits (building, electrical, etc) must be acquired from Eagle County. 05) 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. 06) All construction materials shall be removed from the site and a fire extinguisher shall be available at the site. 07) All disturbed ground areas shall be returned to their initial condition or better and maintained for the life of the project. 08) Approval continent upon Town of Eagle final site and easement lease agreement approval. 09) All utilities to the telecommunications facility must be placed undergronnd. Doug Shartel, Cellular One, stated currently there is not any service covering this area. He stated they are currently looking for a site aronnd the Wolcott area. He stated US West has a site at the Eagle Connty Regional Airport and are included in the Gypsum Point site. Commissioner Gates moved to approve file number ZS-353-94, Cellular One, Eagle Water Tank Site, incorporating Staff findings and recommendations, with the verbiage at some point and time there could be another user requesting the use of that site also. 7 Comrrdssioner Johnson seconded the motion. The vote was declared unanimous. ZS-354-94, Cellular One, Basalt Tower Ellie Caryl presented file number ZS-354-94, Cellular One, Basalt Tower. She stated this is a request to add telecommunications equipment to an existing communications tower in order to improve cellular telecommunication coverage in the Hi;Jhway 82 corridor. She stated the applicant proposes to add telecommmicatlons equipment to an existing commmications tower owned by Public Service Company and located within Christine State wildlife Area, which is managed by the Colorado Division of wildlife. The facility now consists of a 62 foot steel tower with a solar panel and seven foot dish attached to the top and one nine foot dish attached at 23 feet above ground. Ms. Ca;ryl stated the proposed additions include installation of three ten foot Whlp antennas monnted on top of the tower and a pre-fabricated, 32 x 12 foot fiberglass building located adjacent to the base of the tower. She stated the purpase of the project is to improve the data transmission ability of the cellular phone communication system of Cellular One in the Highway 82 corridor. Staff recommended approval with the following conditions: 01) Compliance with all requirements of the Division of Wildlife conditions of right-of-way approval. 02) No lighting shall be associated with the proposed equipment additions to the tower by Cellular One. 03) The Cellular One equipment located on the existing Public Service tower shall be limited to four whip antennas, a maximum of ten feet in height, monnted on the top or side of the existing sixty-two foot tower. Said antennas shall be a color that is determined to blend most effectively with the surroundin;J landscape by a!?plicant and County Staff. 04) Additlonal communicatlon equipment (antennas, satellite dishes, etc) shall be permitted on the Cellular One building without additional County approval, if the additions do not project more than ten feet above the roof of the building (which will be 10 to 12 feet above gronnd level), are colored to blend with the surrounding landscape and necessary approvals are obtained from the Division of wildlife for facility expansion. 05) All disturbed areas will be reseeded following completion of construction/installation activities. 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) Approval contingent upon final approval of all lease agreements between Public Service and the Division of wildlife. Doug Shartel stated the building will be 32 feet by 12 feet. He stated typically the ap!?licant would use a ten by twenty foot building. He stated the larger site lS typical size. commissioner Gates moved to approve file number ZS-354-94, Cellular One, Basalt Towner, incorporating Staff findings and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. SO-316-94-P, Travis Creek, Filing 2 Paul Clarkson presented file number SU-316-94-P, Travis Creek, Filing 2. He referred to the August 2, 1994 meeting in which this matter was tabled. He stated ~ssues at that hearin;J were access, homeowners responsibilities, emergency lngress/egress and prlvate roads. ,Mary Jo Berenato stated she has received the agreement between the appllcant and the homeowners association regarding maintenance responsibilities. She stated she has also received a declaration, articles and bylaws of a joint road maintenance association. Ms. Berenato stated the agr~emen~ has problems as it would not be a recorded document, the Englneerlng Department has a concern with the estimated maintenance costs, 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 and construction of the road. She continued to review concerns with the agreement as submitted. She stated the Board and the general public has a right to know how the roads are going to be constructed. Rick Travers, Attorney representing the applicant, stated there was no intent to bypass the County Attorney's Office and if necessary they would record the document, however, the applicant would like to remind the Connty the purchasers of the property are not subject to the road construction costs. He stated adjacent property owners would be allowed to join the association and pay a pro-rata share. Commissioner Johnson expressed concerns of the section in the declaration indicating a road would be rebuilt unless 80% of the owners voted not to rebuild. He stated the declaration also indicated the association can disband. Mr. Travers stated there is a statutory provision which provides for not maintaining common areas. Ms. Berenato asked who would own the roads in this subdivision. Mr. Travers stated the roads are an easement and the interest in the easement will be held by the association. B.B. Anderson, applicant, stated where the road runs through the property the property owner owns the road. He stated it is part of the parcel and the owners give cross easements. Commissioner Johnson stated in his opinion that would be group ownership and would then be owned by the association. Discussion continued on maintenance and ownership of the roads. George Jouflas, adjacent property owner, stated he feels Mr. Anderson has gone out of his way to meet the needs of everyone and recommended the Board approve the application. Rich Delia, adjacent property owner, stated he does not have a problem with the private road and believes there is a tie with the property owners below through a single easement. Mary Ann Metternick, adjacent property owner, apologized for not being present two weeks ago. She expressed concerns with water and fire protection. She stated she would like to see similar steps taken as in other subdivisions, i.e. water tanks and fire hydrants. Doug Maxwell, adjacent property owner, stated he would like to see adequate fire protection and water supply. He stated he feels addin;J wells house to house will diminish the water supply and requested the Commlssioners deny the application until adequate water supply can be obtained. Kevin Lindahl, representing Charlie Palmer and Heide Jouflas, stated if the County insists on the recording of the declaration, certain clean ups should be taken care of beforehand. He stated he believes Mr. Anderson has been dili;Jent in addressing all the County's concerns. Commlssioner Johnson referenced the Dolan case and the fact there was inconsistency in the formula's. Ms. Berenato asked if Mr. Anderson was familiar with the easements between George Jouflas, Henry Hall and Oscar Wyatt. Mr. Anderson stated all easements reference a payment for a pro-rata share of the maintenance. He stated he has not seen an easement where no one has to pay for road maintenance. Ms. Berenato stated she did not realize the other easements existed. Jenny Maxfield, area resident, asked if Mr. Anderson had a sprinkler system and an 1,000 gallon water tank. Mr. Anderson stated he is in the process of installing one. Ms. Maxfield stated what is said and what is done are two different things. She questioned the money into the wildlife fund. Chairman Phillips stated that fund will be managed by the Division of wildlife. Commissioner Gates stated he would not know how to phase a motion without a bunch of conditions. Mr. Knight stated there are questions on finalizing the agreements and having the agreement signed before final plat. Chairman Phillips stated the declarations, bylaws and covenants have been reviewed by County Attorney. Commissioner Gates moved to approve the creation of the sixteen lots, 9 including private roads, incorparating Staff findings and recommendations. commissioner Johnson seconded the motion. In discussion, commissioner Johnson stated he believes the Board must realize this is not a case of the takings and they are talking about a subdivision not a private lot. He stated the Connty Land Use Regulations must be followed. Chairman Phillips asked Staff is they believed water and fire concerns were being addressed. Mr. Clarkson discussed the quality, quantity and dependability of the water. He suggested an expert needs to perform well tests. He stated Staff's recommendation for a!?proval does not address this issues. Mr. Clarkson stated fire protectlon is a concern and informed the Board Staff is looking at mitigating those concerns with a fire protection contract with the Town of Avon. commissioner Johnson asked about water mining. Mr. Clarkson stated there is some mining of the aquifer and the rate of recharge is not equal to that being pl..ll'Tped. Chairman Phillips called for the question on the motion. Comrrdssioner Gates and Phillips voting aye and Commissioner Johnson voting no. 1041 Per.mit, Vail Associates Ray Merry, Environmental Health Officer, informed the Board Staff reviewed a 1041 Permit application for efficient utilization of a municipal and industrial water project, specifically Beaver Creek snowmaking system. He stated the application is complete and suggested the Board set the fees. commissioner Johnson moved to approve the completeness of the 1041 Permit application by Vail Associates for efficient utilization of a municipal and industrial water project, specifically Beaver Creek snowmaking system. The fees shall be estimated at $1,450.00. Corrmissioner Gates seconded the motion. In discussion, Joe Macy, Vail Associates, presented a check in the amount of $1,450.00 for the estimated review fees. Chairman Phillips called for the question on the motion. The vote was declared nnanimous. Resolution 94-122, Eby Creek Mesa Subdivision Bob Loeffler, Ass't. Connty Attorney, stated the next item on the agenda was release of collateral for Eby Creek Mesa Subdivision. He stated he understands the a!?plicant will provide a new letter of credit in the amount of $494,991.60 WhlCh will collateralize the second half of the improvements and also covers the first half which has not been completed. He stated the applicant has asked the 38 lots currently being held for collateral be returned to them when the letter of credlt is submitted. Discussion followed on preparing a Resolution to either draw on the current letter of credit if a new one is not submitted or schedule a meeting for Thursday. commissioner Gates moved to approve Resolution 94-122, authorizing the partial release of collateral for Eby Creek Mesa Subdivision, leaving a total of $494,991.60 as collateral. This approval is only valid if the new letter of credit is received. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 94 -123, Eby Creek Mesa Subdivision Bob Loeffler presented Resolution 94-123, conferring a Power of Attorney to the Connty Attorney's Office to draw on the current letter of credit from Eby Creek Mesa Subdivlsion, if a new letter of credit is not received. commissioner Johnson moved to approve Resolution 94-123, conferring the Power of Attorney on the Connty Attorney's Office, as presented by County Attorney. Commissioner Gates seconded the motion. The vote was declared unanimous. 10 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Johnson moved, as there is no further business, the Board of County commissioners adjourn. Commissioner Gates seconded the motion. The vote was declared unanimous. The meeting was adjourned until August 22, 1994. Attest: C 11