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HomeMy WebLinkAboutMinutes 09/20/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKE~S 387869 PUBLIC HEARING SEPTEMBER 20, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates Sara J. Fisher Chairman Commissioner Commissioner Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: BE-58-94-AF2, Beaver Creek POD Kathy Eastley, Planning Technician, presented file number BE-58-94-AF2, Lot 16, Tract I, Filing 7, Beaver Creek PUD. She stated this is an amended final plat to amend the building envelope. She informed the Board all adjacent property owners have been notified. Staff recommended this application be approved. Ms. Eastley stated one adj acent property owner objected as he felt his view would be adversely effected. Ed Hutchinson, a!?plicant, stated lots 16 and 17 are next to each other and related the buildlng envelopes have been moved to help alleviate the situation. commissioner Gates moved to approve file number BE-58-94-AF2, Lot 16, Tract I, Filing 7, Beaver Creek PUD, incorporating Staff findings and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. BE-59-94-AF3, Beaver Creek POD Kathy Eastley presented file number BE-59-94-AF2, Lot 17, Tract I, Filing 7, Beaver Creek PUD. She stated this was an amended final plat to amend the building envelope. She stated all adjacent property owners have been notified. Staff recommended approval. Commissioner Johnson moved to approve file number BE-59-94-AF2, Lot 17, Tract I, Filing 7, Beaver Creek PUD, incorporating Staff findings and recommendations. Commissioner Gates seconded the motion. The vote was declared unanimous. PD-293-94-AF6, Cordillera, Filing 11 Kathy Eastley presented file number PD-293-94-AF6, Cordillera, Filing 11, Planning Parcel J. She stated this is a request for an amended final plat to reconfigure lots 16, 17, 18, 19 & 20, to facilitate landscaping elements and access. Staff recommended this application be approved. Commissioner Johnson moved to approve file number PD-293-94-AF6, Cordillera, Filing 11, Planning Parcel J, incorporating Staff findings and recommendations. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared nnanimous. Commissioner Gates was not present at this time. SE-305-94, Green Cemetery Exemption Kathy Eastley presented file number SE-305-94, Green Cemetery Exemption. 1 She stated this was an application for an exemption plat to create a cemetery parcel. She stated all adjacent property owners have been notified. Staff recommended approval. comrrdssioner Johnson asked how many plots would this cemetery house. Ms. Eastley stated the parcel is 1.56 acres. comrrdssioner Johnson moved to approve file number SE-305-94, Green Cemetery Exemption, incorparating Staff findings and recommendation~. . Chairman Phillips seconded the motion. Of the two voting COmffilSS10ners the vote was declared nnanimous. comrrdssioner Gates abstained as he was out of the room for the presentation. Plat & Resolution Signing Kathy Eastley presented file number SM-924-94, Eagle Vail Subdivision, Filin;J 2, Lot 25, Block 1. She stated this was a Minor Type B Plat and does contaln the duplex split caveat. Staff recommended approval. . Commissioner Gates moved to approve file number SM-924-9~, ~agle Vall Subdivision, Filing 2, Lot 25, Block 1, incorporating Staff flndlngs and recommendations. Comrrdssioner Johnson seconded the motion. The vote was declared unanimous. Kathy Eastley presented file number SM-911-94, Berry Creek Ranch, Fil~ng 2, Lot 11, Block 5. She stated this is a Minor Type B Plan and does contaln the duplex s!?lit caveat. Staff recommended approval. Commissloner Gates moved to a!?prove file number SM-911-94, Berry Creek Ranch, Filing 2, Lot 11, Block 5, lncorparating Staff findings and recommendations. comrrdssioner Johnson seconded the motion. The vote was declared unanimous. SM-932-94, Eagle Vail Subdivision Kathy Eastley presented file number SM-932-94, Eagle Vail Subdivision, Filin;J 1, Lot 6, Block 7. She stated this is a Minor Type B Plan and does contaln the duplex split caveat. Staff recommended approval. Commissioner Johnson moved to approve file number SM-932-94, Eagle Vail Subdivision, Filing 1, Lot 6, Block 7, incorporating Staff findings and recommendations. commissioner Gates seconded the motion. The vote was declared nnanimous . SM-926-94, Village Hall Condaniniums Kathy Eastley presented file number SM-926-94, Village Hall Condominiums, Fourth Amendment to the Condominium Map and Eighth Amendment to the First Filing Beaver Creek Subdivision, Block 1, Tract A. She stated this is a Minor TYI;>e B Plan which is to create new lot lines for Lot 13 and to vacate a portlon of a pedestrian/!?ublic space easement. She informed the Board this will accommodate additlonal commercial property. commissioner Gates moved to approve file number SM-926-96, Village Hall Condominiums, Fourth Amendment to the Condominium Map and Eighth Amendment to the First Filing Beaver Creek Subdivision, Block 1, Tract A, incorporating Staff findin;Js and recommendations. Commissloner Johnson seconded the motion. The vote was declared unanimous. Kathy Eastley presented a proposed Resolution, file number PD-318-94-P, zone district amendment for Arnold Meadows PUD. commissioner Johnson stated he has a concern with condition number 3, regard~ng a!?proval of the final plat being based on Mid-Valley's approval. Jlm Frltze, County Attorney, stated he was not present for the initial hearin;J but the conditlon does sonnd inappropriate. D1Scussion continued on the proposed Resolution. The Board concurred to pull the Resolution from the agenda. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PD-293-94-AF3, Cordillera Sid Fox, Planning Manager, presented file number PD-293-94-AF3, Cordillera. He stated the purpose of the plat was to reduce the number of lots from four to three. Staff recommended approval. Mary Jo Berenato, Deputy County Attorney, stated this is the plat she had some concerns with, regarding the notary signatures. Lance Badger, representing Cordillera, stated one of the notary embossed stamps was illegible but has been corrected. Commissioner Johnson moved to a!?prove file number PD-293-94-AF3, Cordillera, incorporating Staff findlngs and recommendations. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gates was out of the room at this time. PD-293-94-F6, Cordillera, Filing 18 Sid Fox presented file number PD-293-94-F6, Cordillera, Filing 18. He stated this was a request for final plat approval for twenty-three (23) lots on thirty-six (36) acres. He related this application will replace large cluster lots. Chairman Phillips asked about the five remaining lots, if they were now going to be open space. Lance Badger stated there will be a total of twenty-eight lots. Mary Jo Berenato requested the Board authorize the Chairman to sign the Subdivislon Improvements Agreement when presented. Commissioner Johnson asked how many caretaker units have been built in parcel "M". Mr. Badger stated there have been no caretaker nnits built but two or three have been allocated to certain lots. Commissioner Gates moved to approve file number PD-293-94-F6, Cordillera, Filing 18, incorporating Staff findin;Js and recommendations. The Chairman shall be authorized to sign the Subdivislon Improvements Agreement when presented. Commissioner Johnson seconded the motion. The vote was declared unanlmous. PD-293-94-F7, Cordillera, Filing 19 Sid Fox presented file number PD-293-94-F7, Cordillera, Filing 19. He stated this is a request for final plat for ten single family lots on 11.19 acres. Staff recommended approval. Mary Jo Berenato asked if the Subdivision Improvements Agreement has been received and signed. Lance Badger stated he believes the agreements were signed and returned. Ms. Berenato requested the Board authorize the Chairman to sign the Subdivision Improvements Agreement when presented. Commissioner Johnson moved to approve file number PD-293-94-F7, Cordillera, Filing 19, incorporating Staff findin;Js and recommendations. The Chairman shall be authorized to sign the Subdivislon Improvements Agreement when presented. Commissioner Gates seconded the motion. The vote was declared unanimous. SU-320-94-P, Bear Gulch Subdivision Sid Fox presented file number SU-320-94-P, Bear Gulch subdivision. He stated this was a request to subdivide 50 acres into five ten acre single family parcels. He stated the Board conditionally approved the sketch plan for this subdivision with conditions as follows: 01) adequate evidence of water supply 02) adequate evidence of sewage disposal systems 03) adequate evidence of fire mitigation 04) mitigating impacts to wildlife 3 05) school land dedication fees 06) off-site road impacts 07) building envelopes. Rick Plyman, representing the applicant Heide Palmer, pointed out on a plat the location of the property and informed the Board the property was zoned agriculture/residential. He stated there will be two lots accessed from Bellyache Ridge Road. Mr. Plyman explained the layout of the lots and access as well as the wildlife movement corridor. He spoke to the building lots and the small amonnt of disturbance. He stated the applicant has committed to using specially engineered and designed septic systems. He stated the applicant will have a memorandum from the Division of wildlife and a mitigation agreement. Mr. Plyman stated the applicant has incorporated a wildfire mitigation plan. commissioner Johnson questioned the fire mitigation plan and the restriction of charcoal fires. Mr. Plyman stated restricting charcoal fires is difficult to enforce but will educate accordingly. Mr. Fox asked the status of an agreement with the Avon Fire Department. Mr. Plyman stated a contract has not been signed but the intent is there. Paul Busone, Resource Engineering, spoke to the water supply. He stated he performed tests which concluded the wells can provide an adequate water supply as long as the wells are located at least 200 feet apart. Kevin Patrick, representing the Bellyache Ridge Homeowners Association spoke to water rights being downstream and concerns with wildfire protection. He asked the Board to review the land use and stated the pumping test was not adequate. The aquifer will not support the proposed conditions. Mr. Patrick stated there is not adequate wildfire mitigation and spoke to enforcement of covenants and water restrictions. Jim Fritze informed the Board on of the County's approval criteria is the ap!?licants have ample water. He stated approval does not have to be conditlonal but the Board does have the right to table this matter in order for the applicant to negotiate an agreement with the Bellyache Ridge Homeowners Association. Chairman Phillips asked how water restrictions would be enforced. Mr. Patrick stated as with any covenants, through District Court. Mr. Busone stated Mr. Patrick has not asked for anything the applicant is not willing to do. He stated the diversion will be metered and controlled by permits. Chairman Phillips asked when the augmentation plan would be approved. Mr. Patrick stated it could be a matter of months if the issues are resolved. Kevin Lindahl, Attorney representing the applicant, stated they are not willing to agree to a third party. He stated the Metropolitan District issues are a struggle for control and he believes water use will be adequately enforced. Commissioner Gates questioned well rights. Mr. Lindahl stated the augmentation !?lan has not been approved. He requested the Board approve the plan knowlng the Court will make the final determination. Chairman Phillips questioned restricting lot sales. Jim Fritze stated if the Board's approval was a condition of final plat, lots could not be sold until final plat. Doug Maxfield, representing Bellyache Metropolitan District, stated there have been no negotiations for inclusion. He stated the District has a protection system at the top of the hill that cannot be jeopardized. Mr . Maxfield stated it has not been proved that there is adequate water for this subdivision and the District has asked the Board to put this application on hold until adequate water supply can be known for sure. patricia Hammond, area property owner, stated she does not feel that the water issue has been looked at thoroughly. She stated a major fire is due there someday and the homeowners have worked hard for twenty years to protect their areas. She stated 1,000 gallons of water will fight a fire for three minutes. She related there must be adequate water and requested the Board give no approval at this time.mSuzanne Sheppard, area property owner, stated there are three wells in the lower area that are now dry, one of which is on the Donovan property. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKE~S 387869 She related there are geological concerns with future slides. Mr. Plyman stated the ;Jeologists have submitted a conclusive report addressing the entire hillslde. Kevin Lindahl expressed concern with patricia Hammond speaking at this hearing as a concerned citizen who also sat on the Planning Commission concerning this application. Ms. Hammond stated she attended the Planning commission meeting but did not vote on this application. Discussion continued on this application. Jenny Maxfield, area property owner, asked about Mr. Lindahl who his law partner is. Kevin Lindahl stated Arlene Quinnen is an attorney in his building but he does not have a law partner. Ms. Maxfield stated Ms. Quinnen is on the Planning Commission and voted for this application. Bruce Kerry, area property owner, questioned the third party beneficiary status requested by the water Attorney for Bellyache Ridge Subdivision. He stated it is his understanding the third party status would give the Bellyache Ridge Homeowners the right to file in District Court to certain rules and re;JUlations are complied with. Commissloner Johnson stated the third party agreement would be between the developer and Bellyache, not the future homeowners who will bare the costs. Tom Hunt, area property owner, spoke stating the water supply is inadequate for those individuals on the top of the hill. Discussion continued on adequate water supply. Commissioner Johnson moved to table file number SU-320-94-P, Bear Gulch Subdivision, as conditions have not been met, there is no contract with the Avon Fire Department concerning the wildfire plan and there is no settlement with the Water Court, to November 1, 1994. Commissioner Gates seconded the motion. Discussion continued on the application. Chairman Phillips called for the question on the motion. The vote was declared unanimous. SU-155-94-AF, Eby Creek Mesa Sid Fox presented file number SU-155-94-AF, Eby Creek Mesa, Phase II-B. He stated this is a request for an amended final plat. Mr. Fox stated water will be supplied by the Town of Eagle but an agreement has not been finalized. He stated Staff has received a letter from the County Surveyor addressing some concerns. He reviewed the file for the Board. Jim Fritze stated the plat contains signatures that are supported by Power of Attorney's. He stated collateral for the Subdivision Improvements Agreement must still be approved by Alpine Bank. Wendy Sachs, developer, stated approval has been given by the Bank and she will bring the letter to the County on Thursday. She stated the missing Power of Attorney is being federal expressed and will arrive tomorrow. Brian O'Reilly, Attorney representin;J the applicant, stated Parcel B will be deeded to the homeowners and retalned as open space. Jim Fritze questioned ownership of lot 121. Mr. O'Reilly stated Lloyd Yandel owns lot 121, which has been redrawn and signed by Mr. Yandel. Keith Montag stated the plat has been reviewed a couple of times by Johnson and Kunkel. He stated he telephoned High Country Engineering and now have a disagreement between two surveyors. Ms. Sachs stated the problem is that the plat was based on a survey done twelve years ago and uses old reference points. Jim Fritze stated there are other comments in regards to Sheet IV. He stated it appears the County Surveyor is concerned with issues in Phase III. He stated the most critical issue with this application is water service. Willie Powell, Manager, Town of Eagle, informed the Board it is the intent of the Town of Eagle to provide water to Phase III, Eby Creek Mesa. He stated the Town would like to see more active recreation but will try to 5 assure that through the water agreement. Mr. Montag asked if the Town of Eagle has considered annexing Eby Creek Mesa into the town. Mr. Powell stated it has been brought up but has no desire to annex during the work out period. Mr. Fritze stated the ori;Jinal Subdivision Improvements Agreement had a provision for six acres includlng a ball field, but the recreation district did not want the property at that time. commissioner Johnson stated there are three different ways the Board could move on this file: 01) approve the final plat as presented without the POA, Letter of Credit, Water Agreement and Survey Comments. 02) table to a time uncertain. 03) deny the final plat. Wendy Sachs stated she is requesting the Board approve the final plat with condltions. Commissioner Johnson moved to table file number SU-155-94-AF, Eby Creek Mesa, Phase II-B to September 27, 1994 at 11:15 a.m. comrrdssioner Gates seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned nntil September 26, 1994. Attest: ~~ 6