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HomeMy WebLinkAboutMinutes 12/20/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING DECEMBER 20, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates James Fritze Bob Loeffler Sara J. Fisher Chairman Corrmissioner Commissioner County Attorney Ass't. 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: SU-316-94-F, Travis Creek. Subdivision Paul Clarkson, Planner, presented file number SU-316-94-F, Travis Creek Subdivision. He stated at the time of plat signing the applicant will present the following funds: 01) Cash-in-lieu of School Land Dedication $11,596.00 02) wildlife Mitigation Fund $12,000.00 03) Off-site road impact fee $16,000.00 Mr. Clarkson stated on-site improvements will be collateralized by the Subdivision Improvements Agreement through a Letter of Credit. Commissioner Johnson moved to approve file number SU-316-94-F, Travis Creek Subdivision incorporating Staff findings and recommendations. The Chairman shall be authorized to sign the Subdivision Improvements Agreement. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Gates moved to authorize the Chairman to sign the final plat. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. SM-820-92, Delia Subdivision Paul Clarkson presented file number SM-820-92, Delia Subdivision. He stated this is a request for a three lot final plat. Mr. Clarkson stated the applicant has brought the covenants into conformance with recommendations provided by the Division of wildlife. corrmissioner Johnson asked if Staff had a copy of the new covenants. Mr. Clarkson answered yes and informed the Board the outstanding item concerns horses and livestock restrictions. Rich DeLia, applicant, stated he believes he has previously addressed all concerns. Bill Heicher, Division of Wildlife, stated he had concerns with the enforcement of the covenants. Corrmissioner Gates stated he is concerned with the fencing requirements and whether it should be referred to as fencing or enclosure. Mr. Heicher stated he believes a forty-two inch fence with a twelve inch kick space is the best type fencing to be used. Discussion continued on the proposed covenants for Delia Subdivision. Dou$" Maxwell, Bellyache Ridge resident, referred to Bellyache Ridge Subdivislon, Travis Creek II Subdivision and Palmer Jouflas Subdivision. He stated it is a crime to set a precedent allowing another 125 lots be developed into ten acre parcels. corrmissioner Gates stated it is not that you graze the property, but how much you graze it. He stated the grazing is a judgment call. Mr. Delia stated he believes each area is site specific and some developers may have given in rather than fight. 1 Mr. Clarkson stated Staff recommends the applicant follow the Division of wildlife recommendations. commissioner Johnson moved to table file number SM-820-92, Delia Subdivision allowing time for the applicant to meet with the Division of Wildlife to strengthen wording of the covenants regarding wildlife mitigation. commissioner Gates seconded the motion. The vote was declared unanimous. commissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Llcensin$" Authority. Commissioner Johnson seconded the motlon. The vote was declared unanimous. pier 13 Liquors Earlene Roach, County Liquor Inspector, presented the show cause hearing for Thomas J. Domenico dba/Pier 13 Liquors. She informed the Board on August 1, 1994 the Eagle County Sheriff's Office conducted a "sting" operation and this establishment was caught serving beer to a minor, thus the reason for this "show cause" hearing". Tom Domenico, applicant, stated he was not at the store during the incident and has spoken with his employees. Bob Loeffler, Ass't. County Attorney, asked if the applicant was satisfied his employees now understood Colorado Liquor Laws. Mr. Domenico stated all will attend a TIPS course in January. Ms. Roach stated this was the third hearing out of four establishments cited by the Sheriff's Office. She informed the Board at the previous hearing the applicant voluntarily stopped alcohol service for a two day period. Commissioner Gates questioned the applicant on voluntarily closing for a two day period. Mr. Domenico stated he is concerned with a two day closing as his livelihood is at stake. Commissioner Johnson believes the Board needs to be consistent. Mr. Domenico stated he understood he could petition to be fined rather than a suspension. Commissioner Gates moved to accept the compliance by pier 13 Liquors for a voluntary suspension starting December 21, 1994 through December 22, 1994. Commissioner Johnson seconded the motion. The vote was declared unanimous. Whitewater Package Store Earlene Roach I?resented a show cause hearing for Three Seventy six Corporation, dba/Whltewater Package Store. She stated this establlshment was also part of the "sting" operation performed by the Eagle County Sheriff's Office in which the aPI?licant sold beer to a ffilnor. Tom Yonkers, appllcant, stated he believes that for the last fifteen years they have done an outstanding job of maintaining the Colorado Liquor Laws. He exf?lained the incident to the Board. Commissloner Gates moved to accept the compliance by Whitewater Package Store voluntarily suspending alcohol sales on December 21 & 22, 1994. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. SU-321-94-AF2, Aspen Mesa Kathy Eastley presented file number SU-321-94-AF2, Aspen Mesa Estates, Lot 21. She stated the applicant has requested this matter be tabled to January 17, 1995. Commissioner Johnson moved to table file number SU-321-94-AF2, Aspen Mesa Estates, Lot 21 to January 17, 1995, at the applicants request. Commissioner Gates seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 SU-326-94-S, CUrreri Subdivision Sid Fox, Planning Manager, presented file number SU-326-94-S, CUrreri Subdivision. He stated this was a sketch plan application to divide a 1.7 acre parcel into three lots. Staff recorrmended denial. Mr. Fox stated Staff finds the application has inadequate sewage disposal systems. He stated upper Eagle Valley Regional Sanitation District has related they have no intentions of extending the sewer main at this time. Steve Isom, representing the applicant, stated this application was a conceptual plan in the community of Edwards and is suitable for employee housing. He stated he has spoken with UPI?er Eagle Valley and indicated an agreement for line installation will be slgned with payback by the users. Mr. Isom related the applicant is looking for conceptual approval with sewage systems as a condition. sid Fox stated the application clearly included on-site sewage and does not make any reference to it bein$" employee housin$". Mr. Isom stated he was surprlsed when Staff dld not show concern with the septic systems. Jim Fritze, County Attorney, stated this application troubles him as the applicant has not come forward with sewer agreements with upper Eagle Valley Water and Sewer. Mr. Isom stated the aPI?licant does not want to spend the money if the concept of the application lS not agreed to. Commissioner Johnson asked if the applicant knew the cost of the sewer lines. Mr. Isom stated they believe between $50.00 and $70.00 per lineal foot. Mr. Fox reminded the Board the application is for sketch plan approval on a 1.7 acre parcel. He stated Staff sees no evidence of progress to provide sewage collection to this area. Mr. Isom stated he believes with the installation of a sewer line the area will develop. Discussion continued on this application. commissioner Gates moved to deny file number SU-326-94-S, CUrreri Subdivision. commissioner Johnson seconded the motion. The vote was declared unanimous. ZS-355-94, Federal Express Paul Clarkson, Planner, presented file number ZS-35S-94, Federal Express. He stated this was an application for a Federal Express document and package distribution facility. He pointed out this parcel is 1.02 acres and the building is covering approximately 78% with impervious coverage. Mr. Clarkson reviewed Staff findings and related Staff recommended this matter be tabled to address the following: 01) The proposal and site plan should be resubmitted to include two employee housing units. 02) A resubmitted site plan showing a roofline other than flat. 03) Issuance of a State Highway Access Permit. 04) A new site lighting plan. The plannin$" corrmission unanimously recommended approval with the following conditlons: 01) The issue of employee housing should be taken up with the Board of County Commissioners. 02) Resolution of the State Highway Access issues. 03) A new site lighting plan. Randy Hodges, Architect, stated he did not agree with the employee housing issue. He stated they do not believe 6,300 square feet should demand employee housing. He stated the Special Use Process does not require employee housing. Mr. Hodges stated this business closely resembles a post office. He stated the applicant believes a flat roof is better looking. He related drainage and lighting have been addressed. Commissioner Gates asked if the applicant had tried to address employee housing off-site. 3 Mr. Hod$es answered they agree with the errployee housing issue. Commissloner Johnson stated for the Board to only require the larger developers to deal with errployee housing is unrealistlc. He stated errployee housing is a corrmunity need. Mr. Hodges stated he still does not see the requirement for errployee housin$ in the regulations. D1Scussion continued on the issues read by Staff. Commissioner Gates moved to deny file number ZS-355-94, Federal Express. commissioner Johnson seconded the motion. In discussion, Commissioner Johnson stated he believes denial is extreme if the applicant will corrply with Staff recommendations and concerns. Jim Fritze stated according to Section 2.09.04 of the Eagle County Land Use Regulations provides for special use review. He stated this application does not meet the criteria as follows: 01) corrpatibility 02) effect on the neighborhood 03) adequacy of the location 04) adequacy of water 05) approprlateness of the application. Commissioner Gates included those findings in his motion. Jim Fritze stated the Board will address this as a Resolution which will be the final action of the Board. Chairman Phillips called for the question on the motion. The vote was declared unanimous. Mill Levies Mark Silverthorn, Controller, presented the certification of mill levies. He requested the Board accept and sign the certification. commissioner Gates moved to enter exhibit "A" into the record and accept and approve the certification of mill levies. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-329-94-S, La Vista SUbdivision Paul Clarkson presented file number PD-329-94-S, La Vista Subdivision. He stated this was a request to rezone and subdivide for ten (10) single family dwelling units on three acres. He stated this plan is of lessor density as instructed by the Commissioners at an earlier hearing. Mr. Clarkson reviewed Staff findings for the Board. Staff recommended denial. Terrill Knight, Planner representing the applicant, stated the applicant has revised the plan twice to try and come into conformance with requests from the County. Harold Leonard, applicant, stated all ten lots have been changed to single family and decreased the size of the building envelopes. Commissloner Johnson referred to the letter from Halterman and the open space aspect. Mr. Leonard stated he is not aware his property was to be open space and believes that to be an error. commissioner Gates stated the Board has received many letters from area residents and questioned if the corrmunity had related what would be acceptable for that property. Mr. Leonard stated there seems to be unanimity this property should not be developed. Bob Loeffler stated he did not remember a number of units being discussed for this property. Discussion followed on the proposal for the property. Ron Kinnell, area resident, stated he would like to see the use of this property less dense than what is proposed. He suggested only allowing five houses. Dianna Mimmer, area resident, expressed concern with the waiver of the application fee, yet the applicant is coming back time and time again. She asked the Board to listen to area residents and deny this application. Commissioner Johnson stated the fee was waived to allow the application to come back with a plan that fit the traditional zoning. Chuck Gathergill, area resident, read his presentation to the Board, 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 opposing the proposal. Terrill Knight stated he takes issue with the claim the applicant is abusing the system. He stated the density has been lowered and the duplexes removed. Mr. Knight stated they have worked within the system. Commissioner Johnson moved to deny file number PD-329-94-S, La vista Subdivision, incorporating Staff findings and recommendations. Commissioner Gates seconded the motion. The vote was declared unanimous. Swearing In Ceremony Chairman Phillips stated the next item on the agenda was the swearing in ceremony of Sherry Brandon, Eagle County Treasurer/Public Trustee. Judge william Jones appeared and swore in Ms. Brandon. Plat & Resolution Signing Kathy Eastley presented file number SM-952-94, Arrowhead at Vail. She explained the proposal to the Board. Staff recommended approval. Commissioner Gates moved to approve final plat file number ZM-952-94, Arrowhead at Vail. commissioner Johnson seconded the motion. The vote was declared unanlmous. Kathy Eastley presented Resolution 94-212, file number ZS-356-94, Castle Peak Veterinary. Commissioner Johnson moved to approve Resolution 94-212, file number ZS- 356-94, Castle Peak Veterinary. Commissioner Gates seconded the motion. The vote was declared unanlmous. Kathy Eastly presented Resolution 94-213, file number ZS-358-94, Whiskey Hill, denial of a Special Use Permit. Commissioner Gates moved to approve Resolution 94-213, file number ZS- 358-94, Whiskey Hill. Commissioner Johnson seconded the motion. The vote was declared unanlmous . Kathy Eastley presented Resolution 94-214, file number ZS-359-94, Natural Gas Exchange Point for Public Service Corrpany. Commissioner Johnson moved to approve Resolution 94-214, file number ZS- 359-94, Public Service Corrpany. Commissioner Gates seconded the motion. The vote was declared unanimous. Contract, LRW Consulting Don Fessler, Road & Bridge Supervisor, requested the next item, a contract with LRW Consulting for leach and collection at the Eagle County Landfill, be pulled from the agenda to consider purchase of property at a later date. Commissioner Gates moved to withdraw the contract with LRW Consulting. Commissioner Johnson seconded the motion. The vote was declared unanimous. Eagle Valley Library District Jim Fritze presented Resolution 94-215, concerning the re-appointment of Donna Blackmer to the Eagle Valley Library District Board of Trustees. Co~issioner Gates moved to approve Resolution 94-215, concerning the re-appolntment of Donna Blackmer to the Eagle Valley Library District Board of Trustees. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5 Town of Vail, Agreement Jim Fritze presented an Intergovernmental Agreement between Eagle County and the Town of Vail concerning ground transportation service. He stated this matter was previously tabled. Commissioner Johnson moved to approve the Intergovernmental Agreement between Eagle County and the Town of Vail concerning ground transportation service. Commissioner Gates seconded the motion. The vote was declared unanimous. PD-100-94-P, PD-139-94-A & PD-139-94-P Upper and Lower Bachelor Gulch Village Sid Fox presented file numbers PD-139-94-A and PD-139-94-P, Lower Bachelor Gulch Villa$e. He stated this was an application for a PUD Amendment and Preliffilnary Plan. He reviewed the application for the Board. Peter Jamar, Jamar & Associates, gave a project overview. He introduced Jim Thompson, Jim Mandel, Pat Mayer and Tom Ragonetti, Kent Crane and Lynn Shore. He related the project covers 1,439 acres of which 78% remains o!?en space, for a total of 1,132 acres of open space. He stated the project lS located at the base of Bachelor Gulch preserving the open space. He informed the Board there will be forty-seven lots, eliminating 25 cluster homes but five cabins will remain. Discussion continued on the proposal and Staff's recommendation. Staff recommended approval in accordance with the Red Mark Print dated December 1, 1994, with the following conditions: 01) Arrowhead shall construct a ten foot wide (minimum) paved trail through their property, north of and parallel to Highway 6. There shall be an associated "spur" trail constructed on Development Area J which is in substantial conformance with Exhibit B. The exact location and extent is subject to further approval by the County !?rior to submittal of a Final Plat for Lower Bachelor Gulch Village. The trall shall be constructed or collateralized as a public irrprovement in conjunction with the first Final Plat submittal for land within Lower Bachelor Gulch Village but in no case later that November 1, 1995. 02) The applicant, or successors and assigns, shall submit an a!?proved Colorado Department of Transportation Access Permit with the first Flnal Plat application for land within Lower Bachelor Gulch Village. 03) The water and sewer line alignment will be further reviewed at Final Plat and must be located to avoid, to the extent !?ractical, sensitive environmental areas, such as, visual areas, wetlands, rlparian corridors and critical wildlife areas. 04) The water tank shall be as unobtrusive as possible. The tank shall be constructed of neutral colors and must be landscaped or buried. Corrpliance with this condition shall be illustrated as part of the building permit application for the water tank. 05) An erosion control and revegetation plan for Lower Bachelor Gulch Village shall be submitted with each Final Plat application and collateralized as a public irrprovement. 06) The final !?ublic irrprovement drawings must show difficult individual lot access drlveways that do not corrply with Eagle County standards for residential driveways. Difficult individual lot access driveways will be further evaluated at final plat and may need to be designed and constructed by the developer/applicant. 07) A wetland mitigation plan, approved by the u.S. Army Corps of Engineers, must be submitted with the first final plat ap!?lication for lands within Lower Bachelor Gulch Village. The wetland mitigatlon must be constructed during the 1995 construction season. 08) The final plat application must include study and monitoring analysis to illustrate stability under current environmental conditions for lots 31, 32, 33, 34, 35 and 36. The additional analysis must include subsurface exploration, the installation of inclinometer and pieszometers and monitorin$ for at least one spring snowmelt season. COrnmlssioner Johnson moved to approve file number PD-100-94-P, Upper Bachelor Gulch Villa$e, incorporating Staff findings and recommendations and incorporating conditlons one through four of the Planning commission. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Gates moved to a!?prove file number PD-139-94-A, Lower Bachelor Gulch Village, incorporatlng Staff findings and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve file number PD-139-94-P, Lower Bachelor Gulch Village, incorporating Staff findings and recommendations one through eight. 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 January 3, 1995. ..4J~~ .pv~~z,~~"l;:,., ~~.T: 1"',,:,1,: ,"0" :"'1;;(;. '*... ( . ..'t~. !.....'~ ~~ ..\~.t"-.~ : fA J ~ ~.'" 1,,1 pl. Y -/ . ('......~'.,..?..../~;l Attest~~4:;J' e to t e Boa ~ 7