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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. 1 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 2 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. on 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 3 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 4 ". 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. 5 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: 6