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HomeMy WebLinkAboutMinutes 12/06/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 PUBLIC HEARING DECEMBER 6, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates Bob Loeffler Earlene Roach Chairman Commissioner commissioner Ass't. 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: PD-100-94-P upper BaChelor GulCh Village Sid Fox, Planning Manager, presented file number PD-100-94-P, upper Bachelor Gulch Village. Mr. Fox requested this item be tabled until December 20, 1994. He informed the Board Lower Bachelor Gulch Village has been tabled to this date also and stated Staff's preference is to hear both files together. Commissioner Gates moved to table file number PD-100-94-P, upper Bachelor Gulch Village to December 20, 1994. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-291-94-A Riverwalk at Edwards Sid Fox presented file number PD-291-94-A, Riverwalk at Edwards. Mr. Fox stated this was an application to amend the Riverwalk POD and related this item was tabled in October and again in November to address employee housing. The applicant is requesting a POD Amendment to achieve the following: 1) Riverwalks's obligation for employee and/or affordable housing. Mr. Fox stated the Board received a letter from Mr. Williams which stated $1,000.00 would be paid to the Eagle County Housing Authority for each space. 2) Increase residential density. 3) Redefine phasin$". 4) Retain flexibillty over 4,000 square feet of developed space so that it may be residential or corrmercial as dictated by design and market need. 5) Clarify several miscellaneous matters in the POD Control Document. Mr. Fox related the intent of this project is to create a "town-center" for Edwards where higher intensity uses are appropriate. Mara Kleinschmidt, Attorney representing the applicant, clarified the project description. Commissioner Johnson questioned the formula used to arrive at the $1,000.00 fee to be paid to the Housing Authority. Mara Kleinschmidt responded the fee was determined by 4% of the purchase price of a two bedroom unit. Bob Loeffler, Assistant County Attorney, questioned the existence of the pricing cap mechanism. Mara Kleinschmidt stated occupancy would be guaranteed by number of employees which would naturally control the market. Sid Fox stated Staff cannot recommend approval at this time. Jack Lewis, County Manager, expressed his concerns with approval until correct verbiage can be agreed to. Mr. Williams discussed issues revolving around the time frame that should be allotted in regards to the sale of each unit on the market. He stated he is frustrated and wanted some direction from the Board. He stated perhaps this application cannot continually be tabled without guidance and a 1 goal set for approval. Commissioner Gates moved to table file number PD-291-94-A, Riverwalk at Edwards until January 3, 1995. commissioner Johnson seconded the motion. The vote was declared unanimous. ZS-359-94 Edwards Exchange Point Sid Fox presented an application for Special Use Permit for the Public Service Company of Colorado and Rocky Mountain Natural Gas Company to construct, operate, and maintain a natural gas exchange J?Oint and metering facility. He stated this project involves the constructlon of a natural gas metering facility and above ground piping for the purpose of transferring natural gas between Public service Company and Rocky Mountain Natural Gas. Mr. Fox stated the pipeline, metering site and facilities are commonly owned and oI?erated by these two entities. He related the proposed facility serves the slngle purpose of allocating and metering the natural gas exchanged between the these companies. Mr. Fox stated this facility is the final major project of a three year construction pr~ram to reinforce the natural gas supplies to customers between vail and Rlfle. Staff recommended approval with the following condition: 01) An approved landscape plan must be submitted with the first building I?ermit application and installed or collateralized prior to issuance of a Certlficate of Occupancy. Jim McClun$"' representing Public service Company, was present for the hearing and avallable for questions. commissioner Johnson expressed concerns in regards to landscaping and the visual aspect to surrounding land and homeowners in the area. He asked what safety procedures would be put in place in case of an emergency. Larry Cordy, KNE Energy, responded the Department of Transportation has very stringent guidelines that must be followed with facilities of this nature. Commissioner Johnson moved to aI?prove file number ZS-359-94, Edwards Exchange Point incorporating Staff flndings and recorrmendations. The motion for approval shall include the condition of looking into the landscaping of the property from all areas that would be affected by the visual impact. Commissioner Gates seconded the motion. The vote was declared unanimous. SE-308-94 Edwards Exchange Point ExEmption Plat sid Fox presented file number SE-308-94, Edwards Exchange Point Exemption Plat. He stated an agreement has been reached where Public Service Company of Colorado agrees to purchase the property from John and Diane Donovan and Allan Nottingham. He stated the aI?plicant will then construct, operate and maintain a natural gas exchange pOlnt and metering facility. commissioner Gates moved to approve file number SE-308-94, Edwards Exchange Point Exemption Plat. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-313-94-A El Jebel Texaco Ellie Caryl, Planning Technician, presented file number PD-313-94-A, EI Jebel Texaco. Ms. Caryl stated the applicant is requesting to amend the original plan to replace the existing convenience stand with a Wendy's Fast Food establishment. She stated attached to the restaurant would be a small convenience market. Ms. Caryl stated relocation of the $"as p'LlITps would accommodate the additional parking and there will be revlsion of the landscape area. Staff reconmended the applicant remove all gas I?'LlITpS to decrease the potential for congestion and conflict and move parklng spaces thus creating an area easier to get around in. She stated as a compromise, the Staff and the applicant agreed to eliminate one p'LlITp but infonned the Board when the revised plan was submitted the applicant choose to disregard all suggestions. Staff recommended approval with the following conditions: 01) All items suggested and discussed being implemented on the new proposal, including there being only two p'LlITps. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 02) Legal resolution to the satisfaction of County Attorney with regard to the issues of construction of landscaping, drainage and sidewalk and curb associated with the POD on the utility easement on the North side of the property, owned by the Crawfords, prior to issuance of any building on the site. 03) An amended Subdivision Improvements Agreement detailing and collateralizing public and off-site improvements. 04) The POD Guide shall be revised prior to issuance of building pemits. 05) Resolution of traffic drainage and grading issues to the satisfaction of County Engineer per relevant regulations prior to issuance of building pemits. 06) The building exterior shall be brick. 07) The development plan shall be revised to show two gasoline pumps before any pemits are issued. Ms. Caryl corrmented the applicant must present a proposal which shows the location of the right of way line in relation to the site plan. Phil Scott, Engineering Technician, infomed the Board with improvements being made on EI Jebel Road an access permit must be obtained from the State Highway Department. He related the Commissioners would need to sign that permit. Steve Isom, Isom Associates, reviewed the conditions proposed by Staff. Steve Turner, Western Petroleum, spoke in reference to need of the proposed plan. Terrill Knight, Representative for Crawford Family, spoke in support of the application but voiced a concern with adequate employee parking. Chairman Phillips commented the site appears to be congested and stated she also had concerns with traffic and safety. Steve Isom asked if the County would consider making a contribution to fundin$" of this project. Jlm Fritze, County Attorney, stated if the Board should approve this application, an amended Improvements Agreement and documentation from the Crawford's a$"reeing to the improvements must be submitted. Comrnissloner Gates moved to approve file number PD-313-94-A, El Jebel Texaco incorporating Staff findings and recorrmendations. Also included in this approval are the parking issues on adjacent properties and accepting the revision of two and a half pumps versus three or two. Commissioner Johnson seconded the motion. Ellie Caryl commented on the completion of the right of way and changes that may occur affecting parking. Ms. Caryl stated if changes occur to setbacks then a revised plan must be submitted. Commissioner Gates amended his motion to incorporate site plan revisions of setbacks for maintenance and parking. Commissioner Johnson seconded the amendment. The vote was declared unanimous. Chairman Phillips called for the question on the motion. The vote was declared unanimous. SE-309-94 Beaver Creek Subdivision Sid Fox presented file number SE-309-94, Beaver Creek Subdivision. He stated this was a request for an exemption plat for Tracts 0 & P. Mr. Fox stated there is a building permit pending for expansion of the snow-making on Tract O. He stated section 2.04 (1) (d) of the Eagle County Land Use Regulations requires all lots zoned POD be platted prior to issuance of a building permit. He infonned the Board the parcels were initially identified as Tracts 0 & P in 1978, as part of the Beaver Creek POD. No development is proposed at this time on Tract P, however, zoning does exist for future development on Tracts P. He related a plat note has been placed on the plat which requires further review prior to development of Tract P. The purpose of the Subdivision and Off-Site Improvements Agreement is to collateralize trail construction on the North side of the Eagle River. Staff recorrmended approval. Jim Fritze mentioned contract changes and stated the Board recommendedC 3 several changes which were sent to the applicant for review. Mr. Fritze stated the principal changes were the deadline date which changes the completion date and elimination of some of the provisions. Jim Mandel, Vail Associates, commented the change in date for cOITl?letion from October 1997 to October 1996 is of great concern for the associatlon. Mr. Mandel stated he felt one year would make a difference in the building of the walkway. He related an earlier completion date meant putting the walkway in before construction was complete. sid Fox commented perhaps a temporary dirt trail could be made available until during construction. Jim Mandel stated he would be willing to sit down with the County and discuss the issue in great detail to assure privacy rights to adjacent property owners as well as safety issues. commissioner Gates moved to change the deadline date for the trail deadline to October 31, 1996, file number SE-309-94, Beaver Creek Subdivision. commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve file number SE-309-94, Beaver Creek Subdivision, incorporating staff findings. The Chairman shall be authorized to sign the plat once a signed agreement has been reached. commissioner Gates seconded the motion. The vote was declared unanimous. BE-60-94 Beaver Creek. Subdivision Kathy Eastley, Planning Technician, presented file number BE-60-94, Beaver Creek, Lot 9 Block 1. She stated this is a request to amend the building envelope on Lot 9, Block 1, Tract J, First Amendment to the Second Filing, Beaver Creek POD. Staff reconmends approval. commissioner Gates moved to approve file number BE-60-94, Lot 9 Block 1, Beaver Creek Subdivision. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-68-94-A Eagle-Vail PUD Jim Fritze stated the next item on the agenda was file number PD-68-94- A, Ea$"le-Vail POD. He related he has received a letter from the Homeowners Assoclation requesting this item be tabled. Ann Bishop, Attorney representing residents of Whiskey Hill, informed the Board the residents do not approve of the proposed I?roject. Ms. Bishop related the residents could not be present at this hearlng but could be present at a later date. She also requested this matter be tabled. Commissioner Johnson moved to deny file number PD-68-94-A, Eagle-Vail POD Amendment. Commissioner Gates seconded the motion. Commissioners Johnson and Gates voting aye, Chairman Phillips voting no. ZS-358-94 Whiskey Hill Jim Fritze stated file number ZS-358-94, Whiskey Hill, is a related file to PD-68-94-A, which was denied by the Board. Commissioner Gates moved to deny file number ZS-358-94, Whiskey Hill. Commissioner Johnson seconded the motion. Commissioner Gates and Johnson voting aye. Chairman Phillips voting no. PD-293-94-AF12 Alcazar Villas Phase III Kathy Eastley I?resented file number ZS-358-94, Alcazar Villas, Phase I~I. She stated thlS was an amended final plat to adjust the corrmon lot llnes between Lots 17, 19 and 21, to correct a construction error in locating lot lines. Staff recommends approval. Commissioner Johnson moved to aI?prove file number ZS-3S8-94-AF12, Alcazar Villas Phase III, incorporatlng Staff findings. Commissioner Gates seconded the motion. The vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 Plat & Resolution Signing Kathy Eastley presented the following plats for the Board's consideration: 01) SM-923-94, Highland Meadows Filing 2, Lot 14. She stated this was a Minor Type B Plat, Resubdivision of Lot 14. Staff reconmends approval. 02) SM-937-94 Eagle-Vail, Filing 1, Lot 101, Block 3. She stated this was a Minor Type B Plat, resubdivision of Lot 101. Staff recorrmends approval. 03) SM-940-94 Berry Creek, Filin$" 3, Lot 35, Block 2. She stated this was a Minor Type B Plat, a Resubdivislon of Lot 35. Staff recommends approval. 04) SM-941-94 Eagle-Vail, First Amendment to the 2nd Filing, Lot 63, Block 1. She stated this was a Minor Type B Plat, a Resubdivision of Lot 63 . Staff recorrmends approval. 05) SM-94S-94 Oxford Court Condominium Map. She stated this was a Minor Type B Plat, a Condominium map. Staff recommends approval. 06) SM-949-94 Berry Creek, Filin$" 1, Lot 43, Block 4. She stated this was a Minor Type B Plat, a Resubdivislon of Lot 43. Staff recommends approval. 07) SM-9S0-94 Berry Creek, Filin$" 1, Lot 42, Block 4. She stated this was a Minor Type B Plat, a Resubdivislon of Lot 42. Staff reconmends approval. 08) SM-951-94 Berry Creek, Filing 2, Lot 2, Block 6. She stated this was a Minor Type B Plat, a Resubdivision of Lot 2. Staff reconmends approval. Corrmissioner Johnson moved to authorize the Chairman to sign the above referenced plats. corrmissioner Gates seconded the motion. The vote was declared unanimous. Kathy Eastley presented the following Resolutions for the Board's consideration: 01) Resolution 94-193, file number SU-320-94-P, Subdivision Preliminary Plan heard by the Board of County Commissioners on November 1, 1994. Commissioner Gates moved to approve Resolution 94-193 file number SU- 320-94-P. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. 02) Resolution 94-194, file number SU-325-94-P, Subdivision Preliminary Plan heard by the Board of County Commissioners on November 15, 1994. Commissioner Gates moved to approve Resolution 94-194, file number SU- 325-94-P. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. 03) Resolution 94-195, file number PD-331-94-S, Planned Unit Development Sketch Plan for Eagle Valley Health Center heard by the Board of County Commissioners on November 15, 1994. Commissioner Johnson moved to approve Resolution 94-195, file number PD- 331-94-S. Corrmissioner Gates seconded the motion. The vote was declared unanimous. 04) Resolution 94-196, file number ZS-354-94, Special Use pennit for the Christine wildlife Area Cellular Telecommunications Facility heard by the Board of County Commissioners on August 16, 1994. Commissioner Gates moved to approve Resolution 94-196, file number ZS- 354-94. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. 05) Resolution 94-197, file number ZS-317-94-A, Special Use Permit for the Colorado High Country Cellular d.b.a. Cellular One, Inc. Multi-User Communications Facility heard by the Board of County Commissioners on August 5 2, 1994. Commissioner Johnson moved to approve Resolution 94-197, file number ZS- 317-94-A. Commissioner Gates seconded the motion. The vote was declared unanimous. 06) Resolution 94-198, file number ZS-353-94, Special Use Permit for the Cellular One, Inc. Eagle Water Tank Cellular Telecommunications Facility heard by the Board of County Commissioners on August 16, 1994. commissioner Gates moved to approve Resolution 94-198, file number ZS- 353-94. commissioner Johnson seconded the motion. The vote was declared unanimous. Cordillera, Filing 9 John Althoff, Engineering Technician, a second partial release of collateral for Cordillera, Filing 9. He stated an inspection was made of the premises and Staff recommends approval. commissioner Johnson moved to approve the Second Partial Release of Collateral for Cordillera Filing 9. commissioner Gates seconded the motion. The vote was declared unanimous. Cordillera, Filing 10 John Althoff presented a Second Partial Release of Collateral for Cordillera Filing 10. He stated an inspection was made on site and related Staff recorrmends approval. commissioner Gates moved to approve the second partial release of collateral for Cordillera, Filing 10. commissioner Johnson seconded the motion. The vote was declared unanimous. Cordillera, Filing 11 John Althoff presented a Substitution of Collateral and First Partial Release for Cordillera Subdivision, Filin$" 11. Discussion followed on the substitutlon of collateral and partial release. commissioner Johnson moved to table Cordillera Filing 11 until December 19, 1994 as the applicant has been unable to obtain sufficient collateral at this time. commissioner Gates seconded the motion. The vote was declared unanimous. SUl1IlIli.t Vista Pattie Haefeli, Planning Technician, presented addendum number four to the Subdivision and Off-Site Improvements Agreement for sumrrdt Vista also known as Sopris View Apartments. Staff recorrmends approval. commissioner Gates moved to authorize the Chairman to sign addendum number four to the Subdivision and Off-Site Improvements Agreement for Sumrrdt Vista also known as Sopris View Apartments. Commissioner Johnson seconded the motion. The vote was declared unanimous. Sopris view Apartments Parcels IV and V Pattie Haefeli presented a Second Partial Release of Collateral and Commencement of Warranty Period for Sopris View Apartments Parcels IV and V. Staff recorrmends approval. commissioner Gates moved to authorize the Chairman to sign the Second P~rtial Release of Collateral and Commencement of Warranty Period for Sopris Vlew Apartments Parcels IV and V. commissioner Johnson seconded the motion. The vote was declared unanimous. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Western Eagle County Metro Rec District Mike Bradley, Buildings & Grounds Supervisor, appeared to discuss an expansion for the softball site at the Eagle County Fairgrounds. He stated the area under consideration today is the 4 1/2 acres east of the sports complex at the fairgrounds. Staff recommends approval of the e~ansion with the understanding Western Eagle County Metropolitan Recreation Dlstrict prepare a master plan for that area. Commissioner Johnson expressed concerns with authorizing the additional land before the County reviews the entire master plan for the Eagle County Fairgrounds. He stated that portion of land may be utilized in other ways. He stated he believes the pipeline can be authorized at this time which will lay in the outlines of the boundary. Mike Bradley stated the Eagle County Master Plan for the Fairgrounds should be complete by the end of the calendar year. He stated he believes Western Eagle County Metropolitan Recreation Dlstrict wants to comply with Eagle County's Plan. The Board determined at this time not to allocate the additional four and one half acres to Western Eagle County Metropolitan Recreation District until review of the Eagle County Master Plan is complete. It was determined any gas lines installed would not interfere with the land or its boundaries. PD-138-93-S Adams Rib Keith Montag, Director of Community Development, presented file number PD-138-93-S, Adams Rib Golf Club Sketch Plan. He stated this item was tabled in June 1994. Mr. Monta$" stated he has received a letter from the applicant requesting this item be wlthdrawn. The Board concurred with the withdrawal. There being no further business to be brought before the Board the meeting was adjourned until December 19, 1994. Attest 7