HomeMy WebLinkAboutMinutes 10/04/94
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEl'S 387869
PUBLIC HEARING
OCTOBER 4, 1994
Present: Johnnette Phillips
James Johnson, Jr.
George "Bud" Gates
Mary Jo Berenato
Sara J. Fisher
Chairman
commissioner
Commissioner
Deputy 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:
SE-302-94, Reynolds Exemption
Kathy Eastley, Planning Technician, presented file number SE-302-94,
ReYnolds Exemption. She stated the request is for exeIT!l?tion from Subdivision
Regulations for a single family parcel, in accordance wlth Section 2.15.03
(2) of the Eagle Connty Land Use Regulations. Staff recommended approval.
Commissioner Johnson moved to approve file number SE-302-94, ReYnolds
Exemption, incorporating Staff findings 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.
Plat & Resolution Signing
Kathy Eastley presented final plat file number SM-928-94-F, Minor Type
"B" Subdivision, re-subdivision of Lot C, Coyote Subdivision. Staff
recommended approval.
Commissioner Gates moved to approve file number SM-928-94-F, final plat
Minor Type "B" Subdivision, Lot C, Coyote Subdivision.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Kathy Eastley presented Resolution 94-149, file number PD-318-94-P,
Arnold Meadows. She stated this is the final action concerning approval of a
zone district amendment and preliminary plan as directed on August 16, 1994.
Commissioner Johnson stated he has not yet seen the Resolution.
Commissioner Gates stated this matter was previously approved by the
Board.
Commissioner Gates moved to approve Resolution 94-149, file number PD-
318-94-P, Arnold Meadows.
Chairman Phillips seconded the motion. Commissioners Phillips and Gates
voting yes and Commissioner Johnson abstaining.
Kathy Eastley presented an Off-site and Subdivision Improvements
Agreement, file number PD-293-94-F7, Cordillera Subdivision, Filing 19.
Commissioner Johnson moved to authorize the Chairman to sign the
Subdivision and Off-site Improvements Agreement for file number PD-293-94-F7,
Cordillera Subdivision, Filing 19.
Commissioner Gates seconded the motion. The vote was declared
unanlmous.
Kathy Eastley presented a Subdivision and Off-site Improvements
Agreement, file number PD-293-94-F6, Cordillera, Filing 18.
Commissioner Johnson moved to approve and authorize the Chairman to sign
the Subdivision and Off-site Improvements Agreement, file number PD-293-94-
F6, Cordillera, Filing 18.
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Comrrdssioner Gates seconded the motion. The vote was declared
unanimous.
T-23-94, George ROberts
Patti Haefeli, Planning Technician, presented file number T-23-94,
George Roberts Temporary Housing Permit. She stated this is the second
temporary- housing permit due to construction delays. She stated there are
two condltions as follows:
01) the kitchen must be removed from the existing residence prior
to issuance of any Certificate of Occupancy for the proposed
addition/residence.
02) the connection between the existing residence and the proposed
addition must be connected by a conmon fonndation, must be walled, heated and
considered habitable space as per section 2.05.51 of the Eagle County Land
Use Regulations.
Bob Loeffler, Ass't. County Attorney, questioned if the old kitchen has
to be removed before any certiflcate of occupancy is issued.
commissioner Gates questioned condition number two.
Ms. Haefeli stated Staff wants to assure the connection of the two
structures is complete.
Commissioner Johnson asked if construction would be complete in six
months.
Ms. Haefeli answered if not an extension would be considered.
Commissioner Johnson moved to approve file number T-23-94, George
Roberts, with corrections as stated.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
T-24-94, Brown Teuporary Housing
Patti Haefeli presented file number T-24-94, Brown Temporary Housing.
She ex}?lained the request to the Board. Staff recommended approval with the
followlng condition:
01) the kitchen must be removed from the existing residence prior
to issuance of any Certificate of Occupance for the !?roI;>Osed residence and
the building must be converted to an agricultural bUlldlng prior to issuance
of Certificate of Occupancy.
Commissioner Gates moved to approve file number T-24-94, Brown Temporary
Housing.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
1041-028-94, Vail Associates
Sid Fox presented file number 1041-028-94, Vail Associates Beaver Creek
Snowmaking Water Supply. He stated this was a request for the 1041 Permit to
develop an Eagle River water supply for snowmaking at Beaver Creek and
Arrowhead. Mr. Fox stated the applicant is requesting waiver of the special
use permit and read letters from referral agencies. He reviewed the project
for the Board. Staff recommended approval with the following conditions:
01) Vail Associates, Inc. shall request of the appropriate
governmental authorities and the parties in charge of monitoring water
quality at the Eagle Mine that it be notified of any spill, unauthorized
discharge or nnauthorized event that could contaminate the Eagle River at or
above the }??int of diversion. Upon any twe of notification by the Eagle
Mine to Vall Associates of such a spill, dlscharge or event, or if Vail
Associates has actual knowled;Je of such a spill, discha~e or event,
representatives of Vail Assoclates shall immediately notlfy the Eagle County
Environmental Health Manager or County Attorney. Upon such notification to
Eagle County, Vail Associates shall immediately collect a sample of diverted
water and initiate consultation with Eagle County regarding the impacts of
further snowmaking diversions. The results from analysis of the Eagle River
water shall be made available to the County within 72 hours of the time of
notification. If Eagle County finds that continuation of diversions could
result in the exceedance of water quality standards in Beaver Creek during
the ensuing spring runoff, the Permit Authority may order Vail Associates to
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
discontinue such diversions until such time as a hearing can be held and a
determination made by the Permit authority or until water quality improves
sufficiently to minimize the risk of such exceedances.
02) The applicant shall prepare a non-point source water quality
control plan incorporating the best management practices for private lands
Beaver Creek and Arrowhead Mountain. An annual implementation schedule
including updates best management practices, shall be submitted to Eagle
County by March 1st of each year that snow making diversions occur.
03) The water quality monitoring program included in the
application shall be amended to include monitoring of water quality data
being collected by the Upper Eagle Regional Water Authority at the Metcalf
Ditch Raw Water Intake. Water quality re!?orts shall be copied to the
Colorado Department of Health, Water Quallty Control Division and Eagle
County.
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04) The applicant is encouraged to secure additional augmentation
water from outside the basin in order to better protect water quality and
quantity during the projects operation.
Robert Weaver, Hydrosphere, representing the applicant, explained the
use of the water throu;Jh the Eagle River via the Climax Mine. He stated the
previous application dld not include facilities to deliver water to Beaver
Creek. Mr. Weaver stated the reservoir on the mountain would store 130 acre
feet of water and occupy approximately 18 acres of land.
Commissioner Johnson questioned the 129 acre feet of water handling
2/3rds of the total project at build out.
Bill Kennedy, project manager for Vail Associates, explained the goal at
ultimate build out and stated the amount taken from the Eagle River has been
reduced by a little more than 1/3rd.
Joe Macy, Vail Associates, stated there is no storage when making snow
and water will have to be diverted from the river. He stated this will allow
diversion in the Spring when there is water. He related this proposal has
positive environmental aspects.
commissioner Johnson questioned the seven day cushion.
Mr. Kennedy stated at ultimate build out and with storage capacity the
applicant can continue to make snow. He stated this will provide a much
greater diversion facility.
Mr. Macy spoke to economic impacts of tourism and skiing in Eagle
County. He stated during drought years the economy declined 30 to 40 percent
in thlS County. Mr. Macy informed the Board there is likely to be a drought
every fifteen years.
Commissioner Gates asked about the location of the reservoir.
Mr. weaver stated the reservoir is located at the top of Bachelor Gulch
ln the McCoy Park area, near Trappers Cabin, in the flat meadows.
Commissioner Gates asked about the process involved.
Mr. Weaver stated water would be pumped from the Eagle River to the
reservoir, then converted along with augmented water from Green Mountain and
the Arkansas Well.
Discussion continued on the proposal.
Ray Merry, Environmental Health Officer, discussed contamination of
water above the diversion points. He discussed changes in Staff
recommendations.
commissioner Johnson moved to approve file number 1041-028-94, Vail
Associates Beaver Creek Snowmaking Water Supply, incorporating Staff findings
and recommendations, including all changes as proposed by Staff.
Commissioner Gates seconded the motion. The vote was declared
unanimous.
PD-330-94-S, Northstar Hane Center
Paul Clarkson, Planner, !?resented file number PD-330-94-S, Northstar
Home Center. He stated this lS a request for a commercial/light industrial
center proposal focusing on a retail building and home improvement businesses
and services.
Phil Scott, Engineering Technician, stated he has reviewed the
application with the State Highway Department. He stated a variance was
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requested on the accell/decell lanes and the center turn lane needs review.
Mr. Clarkson discussed a corrugated metal pipe that services Berry
Creek.
Mr. Scott stated a site inspection is needed to make comparisons and
investigate the easement.
Mr. Clarkson discussed referral letters received.
Terrill Knight, representing the applicant, stated the proposal is for a
complete home and design building center with multiple stores and options.
He pointed out visual aspects and the water storm flow. He stated the
applicant is proposing two employee on-site housing nnits, but stated the
applicant is willin;J to discuss this issue.
Verush Aramedulm, Architect, explained the access to the lumber yard
coming from Highway 6 via an underpass. He stated there is a pedestrlan
bridge that crosses between those two buildings. He discussed screening,
shape of the property, access and commercial !?arking.
Mary Jo Berenato stated the County's pollcy has been for every 1,000
feet of retail space that would generate three employee housing nnlts. She
stated the employer then becomes responsible for that number. She stated
the only conflict is what is called an e~loyee unit.
Mr. Knight questioned the a!?plicabillty of the formula to resort versus
non-resort. He stated the princlple issue lS security and property
management.
Charlie Cole, Northstar Lumber, stated he would prefer not to have
employee housing on-site. He stated Staff has mentioned this may not be an
appropriate location for residential activity.
Commissioner Johnson asked about the percentage of open space.
Mr. Clarkson stated the topography and shape of the property does not
lend itself to the 25% required by the Open Space Plan.
Mr. Knight stated he does not know what benefit "usable" land !?rovides.
Paul Clarkson stated Staff recommends approval with the followlng
conditions:
01) The State Hi;Jhway Access Permit should be completed prior to
final plat. The required lmprovements to the Spur Road will need to be
identified at Preliminary Plan.
02) Concerns for Berry Creek as it runs through the property should
be addressed. An engineering report concerning its condition, carrying
capacity and maintenance should be submitted. Can structures be placed on it
or should an easement be reserved?
03) The PUD Guide uses by right should reflect building/home
improvement and closely related tyPe retail businesses only. AI?proval of
outside storage by the lumber buslness is reserved nntil prelimnary plan in
order to review proposed controls. The storage space needs of the other
businesses shall be further evaluated. The PUD Guide should address
manufacture/assembly/preparation in association with retail uses and set
limits to such uses.
04) In lieu of conformance with the recommended 25% minimum usable
open space, the applicant shall a!?proach CDOT in order to acquire the ability
to improve the o!?en area in the Rlght-in-Way as streetscape. The level and
degree of these lmprovements will be worked out between Staff and the
applicant between preliminary plan and final plat.
The Planning commission recommended approval with Staff's conditions
plus the following additional conditions:
05) The applicant should work with Staff to provide for an adequate
employee housing plan.
Commissioner Johnson moved to ap!?rove file number PD-330-94-S, Northstar
Home Center, incorporating Staff findlngs and conditions and conditions as
recommended by the Planning Commission.
Commissioner Gates seconded the motion. The vote was declared
nnanimous .
PD-329-94-S, La Vista Subdivision
Paul Clarkson presented file number PD-329-94-S, La Vista Subdivision.
He stated this is a request to rezone and subdivide for fourteen dwelling
units, six single family and four primary/secondary parcels. He explained
the proposal to the Board and pointed out inconsistencies with the Eagle
County Master Plan. He stated the applicant is suggesting 1 1/2% be
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 IiOECKEt:S 387869
dedicated as open space and infonned the Board the POD requires 25% remaln as
open space. Mr. Clarkson discussed Staff concerns and stated Staff
recommended denial of this proposal.
Terrill Knight, representing the applicant, stated the applicant
previously proposed an affordable housing project. He stated the applicant
is proposlng a POD to have greater control.
Harold Leonard, applicant, explained the project to the Board.
Jim Haultzer, area property owner, stated thlS project is too dense,
there are problems with parking, and recorrmended the Board deny this
application.
Paula Deulo, area property owner, stated it is unfortunate the
developers did not listen at the last hearing and believes the proposal is
much to dense.
Tannis Pettit, area property owner, questioned the height of the single
familyjmother-in-Iaw residences.
Mr. Leonard stated there is no limitation on building hei$hts.
Ms. Pettit discussed building heights, open space and dralnage.
Mr. Clarkson stated he had received written communication from Leslie
Guinn and Bridget Abplanalp, reiteratin$ issues raised today.
Corrmissioner Gates moved to deny flle number PD-329-94-S, La vista
Subdivision, as the proposal does not comply with the POD nor the Eagle
County Master Plan, and as the Planning Commission unanimously recorrmended
denial.
Corrmissioner Johnson seconded the motion.
In discussion, Chairman Phillips asked if there was a plan that would be
workable which will confonn with the neighborhood.
Mr. Knight stated the applicant intended to be cooperative. He infonned
the Board the Roaring Fork Planning Commission had other reasons for
recommending denial.
Bob Loeffler pointed out a different proposal would have to go before
the Planning Corrmission.
Chairman Phillips called for the question on the motion. Commissioner
Gates voting aye, Commissioners Johnson and Phillips votin$ no.
Corrmissioner Johnson stated he would like to table thlS matter but only
with a specific number of units established.
Mr. Clarkson stated Staff was not specific enough at the time. He
stated the proposal is for an in-fill project and Staff does not believe the
property should be an in-fill I?roposal. Mr. Clarkson stated Staff is
recommending RSL zoning for thlS parcel.
Mr. Leonard stated he is willing to drop the accessory units, which
would then make the proposal for 10 single family homesites.
Mr. Knight asked if the applicant withdrew the application would they
have to start over if the revised plan could be referred to the Planning
Corrmission.
Commissioner Johnson moved to refer the application back to the Roaring
Fork Planning Commission to allow the applicant to reduce the number of
dwelling units. The Planning Commission shall review the application after
the established advertising time.
Chairman Phillips seconded the motion. Commissioners Johnson and
Phillips voting aye, Commissioner Gates voting no.
Adoption 1994-1995 Salary Plan
Kathleen Fornash, Social Services Director, stated she was trying to
accomplish the same type of basic adjustments in salary for Social Services
employees as other County employees. She stated the Social Services
Department has been worklng on a pay plan for several years that is
comparable to the County I s pay plan. She recommended the Board approve the
1994 - 1995 Salary Plan.
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commissioner Johnson moved to approve the 1994 - 1995 Salary Plan for
Eagle County Social Services.
commissioner 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 October 11, 1994.
Attest:
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