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HomeMy WebLinkAboutMinutes 05/02/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 2, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips James R. Fritze Sara J. Fisher Chairman Commissioner Commissioner 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: ZS-343-95-RIFLE/AVON GAS PIPELINE Patti Haefeli, Planning Technician, presented file ZS-343-95-Rifle/Avon Gas Pipeline. She stated the two remaining concerns are as follows: 01) The crossing of the B & B site in Edwards may pose some safety issues. 02) The Edwards Exchange Point is to have an emergeney plan in place in case of a disaster. The applicant should get together with the County Emergeney Response Team to provide educational information to residents of the area. This has not taken place as of this date. Kevin Lindahl, representing Rocky Mountain Natural Gas, introduced Mike Bukovansky, to speak regarding the B&B site and is prepared to address those concerns. Mr. Bukovansky spoke of the two geography hazards being the sink holes and the slope stability and continued to explain the geological aspects. He believes in this particular place the gravel cover provided by B & B's gravel pit the ground is actually more stable. He spoke of the newly developed sink holes in the area but indicated the Highway 6 area is not being effected. He indicated there has been no known breakage of pipelines due to sink holes based on the type of materials used in the pipelines. Mr. Bukovansky spoke to the concern of slope stability and related he knows of no landslides in the B & B area and feels the danger of a landslide is non-existent at this time. He referred to the slope deformation, sagging of the crest which happened in the past. He attributed the sagging to existing ground water coming from the old irrigation ditch. He spoke to increased stresses and related if the pipe is excavated it will immediately relieve the stress and be back filled accordingly. Commissioner Johnson asked if B & B Excavating would be present at this hearing. Kevin Lindahl responded they were pleased with the results and the information they received from Rocky Mountain Natural Gas. Commissioner Gates asked about the obvious slide area by Wolcott. Mr. Lindahl answered the pipeline will bypass that area. Commissioner Phillips asked if Mr. Eaton's concerns had been met. Bruce Eaton, Edwards property owner, stated he is still disappointed that the pipeline will be coming through his property but that he will continue to discuss the matter with the gas company. Commissioner Phillips moved to approve file ZS-343-95 incorporating Staff findin~s and conditions. Commissloner Gates seconded the motion. The vote was declared unanimous. PLAT, SIA, AND RESOLUTION SIGNING Kathy Eastley, Planning Technician, presented file number SM-962-95- BERRY CREEK RANCH, FILING 4, LOT 26, BLOCK 3. She stated this was a Minor Type "B" Subdivision, a duplex-split of the aforementioned lot to create Lots 26A and 26B. The plat does include the Duplex Split Caveat indicating not 1 more than one duplex structure may be constructed on the combined area of these two lots. Commissioner Gates moved to approve file SM-962-95, Berry Creek Ranch, Filing 4, Lot 26, Block 3. Commissioner Phillips seconded the motion. The vote was declared unanimous. Kathy Eastley presented file number SM-965-95 PINEWOODS, PHASE III. She stated this was a Minor Type "B" Subdivision, a resubdivision of Lot 80A, Eagle-Vail PUD, Filing 2 to create Lots 24, 25, 26 and 27. Ms. Eastley related one duplex dwelling unit will be constructed on each of these lots, and the caveat on this plat states only two two-family structures may be constructed on the combined area of the four lots created by this subdivision. commissioner Phillips moved to approve file SM-965-95, Pinewoods, Phase III, incorporating Staff findings and recommendations. commissioner Gates seconded the motion. The vote was declared unanimous. Kathy Eastley presented Resolution 95-48, file number 1041-031-95 a 1041 pe:rmit to Construct Extensions of Collection and Water Authority System to Serve Strawberry Park and lJ'f?per Bachelor Gulch. She stated this Resolution is for approval with conditlons, of the Permit for extension of the upper Eagle Valley Consolidated Sanitation District Wastewater Collection System and the upper Eagle Regional Water Authority System. Chairman Johnson asked about the condition regarding the water conservation plan. He requested the condition be changed to state the Board of County Commissioners shall approve the water plan. Commissioner Gates moved to a~prove Resolution 95-48 incorporating Staff findings and recommendations and wlth the change the Board of County Commissioners shall approve the water plan. Commissioner Phillips seconded the motion. The vote was declared unanimous. Kathy Eastley presented Resolution 95-49, approval of a Special Use Permit for Rancho Del Rio, with conditions, for a Recreational Facility located at 4199 Trou~h Road. Commissioner Phlllips moved to approve Resolution 95-49, approval of a Special Use Permit for Rancho Del Rio. Commissioner Gates seconded the motion. The vote was declared unanimous. Kathy Eastley presented Resolution 95-50, Amending the Eagle county Land Use Regulations. She stated these amendments include clarification of Building Height, Section 2.0.5.12; Lot Area Restriction Based on Sewage Treatment Facilities, Section 2.06.03; Sections 2.23.23 and 2.23.24, Water Supply and Sewa~e Disposal respectively; and Section 2.23.30 Lot and Block Design. In addltion, Appendix K, Condominium Surveyor's Certificate and a Title Format For plats have been added. Commissioner Gates moved to approve Resolution 95-50, amending the Eagle County Land Use Regulations. Commissioner Phillips seconded the motion. The vote was declared unanimous. Kathy Eastley presented a proposed Resolution for extension of PUD Preliminary Plan for the Homestead Subdivision, Filing 2, Lots 13 - 16. Jim Fritze stated the Resolution accurately reflects the desires of the Board. Kevin Lindahl, representing Warner Developments, related he believes the issue remainin~ is platting of the open s~ace. He does not remember that being a conditlon of approval at the origlnal hearing. Mr. Lindahl stated he does not believe this condition is consistent with Eagle County Regulations. In lieu of platting the open space the applicant is proposing to adopt PUD Guidelines for the open space. Mike Sheldon, Allen family representative, spoke regarding the open space. He spoke of differences between the Allen family and Warner Development and stated he believes it is not a matter for the Board. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Chairman Johnson reminded Mr. Sheldon the decision regarding this issue was made in November and this resolution is to formalize that decision. Mr. Sheldon stated he believes platting the open space was appropriate as that will preserve the Allen's access to their property. He encouraged the Board to accept the resolution with the platting condition included. Bob Loeffler spoke regarding the proposed PUD Guide presented by Mr. Lindahl. Bobby Warner, applicant, stated the PUD Guide puts restrictions on the open s~ace. He stated he would pursue the homeowners association and ask the PUD gulde be signed and accepted. Mr. Fritze stated Board minutes were reviewed and the platting issue was discussed. Further discussion was held on platting open space and regulations and statutes regarding open space. Mr. Sheldon again urged the Board to approve the resolution as presented. Kathy Eastley stated in Filing 1 there were 33.5 acres of open space platted, and in Flling 2 there is 81.241 acres of open space, leaving 366.299 acres of open space un-platted. Mr. Fritze advised the Board to act on the resolution if it reflects the Board's previous direction and at a later date dete:rmine if the terms of the resolution meets the requirements. Mr. Loeffler stated the draft PUD would not work and should be submitted through normal processes. He reminded the Board the final plat is not being held up by this proposal. Commissioner Gates moved to adopt the proposed resolution extending the preliminary plan for Homestead Filing 2. Commissioner Phillips seconded the motion. Commissioners Phillips and Johnson voting no and Commissioner Gates voting yes. The motion failed. Commissioner Phillips moved to approve the Resolution as submitted with changes in the wording from platting to mapping. Commissioner Gates seconded the motion. Bob Loeffler stated the control guide creates and defines zoning of the property and open space. He stated mapping does not by itself define the zoning and the possible uses of the property. Mr. Lindahl suggested a control guide be submitted for the open space. Discussion continued on the motion. Chairman Johnson recommended tabling. Commissioner Phillips withdrew her motion. Commissioner Gates did not agree to withdraw his second. Chairman Johnson called for the question on the motion. Commissioners Phillips and Johnson voting no. Commissioner Gates abstained. Commissioner Phillips moved to table for 30 minutes for further discussion. commissioner Gates seconded the motion. The vote was declared unanimous. SE-312-95, HILTNER EXEMPTION Kathy Eastley presented file number SE-312-95, Hiltner Exemption. She stated thlS was a request for subdivision exemption on a five acre parcel of land located on Hardscrabble Road. She read Staff findings and recommendations for the Board. Commissioner Phillips moved to approve file SE-312-95, Hiltner Exemption. Commissioner Gates seconded the motion. The vote was declared unanimous. PD-105-94-AFl-HIGHLAND MEADOWS Kathy Eastley presented file number PD-105-94-AF1, Highland Meadows. She stated this request will amend the building envelope for setbacks. Commissioner Gates moved to approve file PD-105-94-AF1, incorporating Staff findings and recommendations. 3 Commissioner Phillips seconded the motion. The vote was declared unanimous. PD-139-95-F3-ARROWHEAD @ VAIL Kathy Eastley presented file number PD-139-95-F3, Arrowhead at Vail, Filing 19, 1st Amendment. She stated this was a request for final plat for resubdivision of four lots to reconfigure six lots, easements and roads. She stated a Subdivision Improvements Agreement and Letter of Credit have been submitted. Commissioner Phillips moved to approve file PD-139-95-F3, Arrowhead at Vail, Filing 19, 1st Amendment. Commissioner Gates seconded the motion. The vote was declared unanimous. commissioner Gates moved to a~prove the Subdivision Improvements Agreement for Arrowhead at Vail, Flling 19. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve the Consent to Assign of the AssllIT'ption A~reement for Arrowhead at Vail, Filing 19. Commissloner Gates seconded the motion. The vote was declared unanimous. Homestead, Filing 2 Chai:rman Johnson stated the Board will continue with discussion on the Resolution for Homestead, Filing 2. Bob Loeffler, Ass't. County Attorney, stated the regulations do not state all of the subdivision must be platted, but all regulations lead to a final plat. He stated it is not clear that a plat is necessary but the intent is all of a subdivision be platted. Mr. Loeffler stated a PUD Control Guide is the document which imposes the use of a property and must be adopted to cover open space. He suggested paragraphs two and three of the Resolution be amended and a PUD Control Guide will be submitted and approved. He reviewed the changes for the Board. Commissioner Gates indicated he is confused as to what the applicant is trying to accomplish if the map is not a legal document. commissioner Phillips stated she feels the issue is the open space and this application is to ensure that open space remains. Chai:rman Johnson indicated since the map could be recorded public record would show the open space. Bob Loeffler stated mapping has no legal effect and does not accomplish anything in this case. Mr. Loeffler referred to the acreage which was set forth in the preliminary plan and the area designated for open space. Commissioner Phillips asked if a plat would be of greater assistance and asked County Attorney if it should be required? Mr. Loeffler stated the planning of a subdivision requires the entire subdivision be platted. Chairman Johnson asked if the PUD guide would accomplish the identification of the property. Commissioner Phillips moved to approve the Resolution extending of the PUD Preliminary Plan for The Homestead Filing 2, Block 13-16, incorporating Staff findings and recommendations and with changes to paragraphs two and three as discussed. Commissioner Gates seconded the motion. The vote was declared unanimous. PD-207-94-A, BLUE LAKE PUD Paul Clarkson, Planner, presented file number PD-207-94-A, Blue Lake PUD. He suggested the Board consider this request to amend the Blue Lake PUD Control Document to allow for certain school and professional uses within the Community Center District, as well as Filing V rear yard setback requirements from 20' to 12.5'. Mr. Clarkson explained this appllcation addresses both the community center and the set backs. He reviewed language in the PUD Guide, adult schools, commercial uses and paving. Staff and the Roaring ForknPlanning Commission recommend approval with conditions and request no 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 commercial use be allowed. Ron Liston, Land Design Partnership, spoke to the error in allowing the Christian Academy to use the facility and related they are in agreement with the restriction there. He stated they are also in agreement with the set back requirement. He stated he believes the residents of Blue Lake will appreciate continued use and upkeep of the structure. Commissioner Gates asked if the use of the facility is now in compliance. Mr. Liston responded yes and related it is currently being used as zoned. Chairman Johnson suggested this property be rezoned as a special use rather than a use by right. . . Mr. Liston argued they have looked at the requlrements under the speclal use permit and believe all requirements have been addressed. Chai:rman Johnson stated the original use of the facility was to be that of a sales office and it should be reviewed prior to new or different businesses being allowed. Commissioner Phillips asked if there had been communication from homeowners who were opposed to the use. Mr. Clarkson answered no. Chai:rman Johnson questioned the specifications of grades K-12. Jerry Burnaman, applicant, stated there is a school site location which has been dedicated. He indicated the intention was to assist the Christian Academy while they were building their school. He stated he believes the community center should be such that can accommodate before and after school type programs. Mr. Liston stated this application will allow for a community center within the community. Commissioner Gates stated he feels it should go through the special use process and believes homeowners should have input into the decisions and uses of the facility. Mr. Liston stated he has discussed this with the Board, the homeowners, and the residents and believes they are in support of the continued use of this facility. Commissioner Phillips asked if this facility was available to the public to use. Mr. Liston responded it is available for use and to rent. Commissioner Gates moved to approve file number PD-207-94-A, Blue Lake PUD, incorporating Staff's findings and recommendations, amending number 2 to read the use can continue as an existing real estate office only. ,Commissioner Phillips seconded the motion. The vote was declared unanlmous . PD-335-95-S-Whiskey Creek Paul Clarkson presented file number PD-335-95-S, Whiskey Creek. He stated this was a request for twelve single family lots and a use by ri~ht for the existing unit as a bed and breakfast. He related the property lS located just uphill from the clubhouse. Mr. Clarkson stated the property is zoned resource. He stated the applicant has requested a tabling for thirty (30) days but related there were numerous property owners at this hearing who would like to speak. Robbie Robinson, real estate broker for Jack Oleson, reiterated they would like to have a thirty day tabling to reevaluate the project. He also indicated a need for legal counsel is necessary. Chairman Johnson asked if the request for thirty days was to address the concerns now at hand or to redesign the proposal so that it might be more acceptable. Mr. Clarkson informed the Board a redesign would require a re-visit to the Planning Commission. Commissioner Gates asked if the Chai:rman would take public comment at this time. Charlie Penwell, Ea~le vail resident, referred to the letters of opposition from Eagle Vall homeowners in the file. He stated they would like 5 to see the application as presented and if not accepted the applicant return with a new plan. Chai:rman Johnson indicated the Board must allow the opportunity for a tabling at the applicant's request and because this is a routine process, they are not in a position to deny the tabling. Commissioner Phillips moved to table file PD-335-95-S for a thirty day period to May 30, 1995. Commissioner Gates seconded the motion for discussion. John Feeney, area resident, stated he does not oppose the tabling as long as the applicant is not revamping the original plan. Chai:rman Johnson explained the resubmittal would be reviewed by staff and the same proposal must be presented in the same fo:rm rather than a new plan. Charlie Penwell stated he believes public input should be considered and the public should be afforded the opportunity to speak. Chairman Johnson called for the question on the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until May 9, 1995. 6