HomeMy WebLinkAboutMinutes 05/23/95
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
MAY 23, 1995
Present: James Johnson, Jr.
George "Bud" Gates
Johnnette Phillips
James Fritze
Earlene Roach
Chairman
commissioner
Commissioner
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:
Berry Creek RanCh, Covenants
Jim Fritze, County Attorney, presented the amended and restated
Declaration of Restrictive Covenants, Conditions and Restrictions for Berry
Creek Ranch, Filings 1,2,3 & 4. He stated this matter was tabled from May
22, 1995 as there were only two Board members present. He stated the
amendments he requested have been incorporated within the document. He
related the only question remaining is a poliey question.
Chairman Johnson related in reading the covenants they do incorporate
and include the Singletree property owners, and each lot would have a vote.
He stated he believed the best thing for Edwards would be an incorporation.
Commissioner Gates stated it should be up to property owners to create
their own destiny.
Commissioner Phillips moved to approve the amended and restated
Declaration of Restrictive Covenants, Conditions and Restrictions for Berry
Creek Ranch, Filings 1,2,3 & 4.
Commissioner Gates seconded the motion. Commissioners Phillips and
Gates voting aye, Chairman Johnson voting no.
Resolution 95-63
Jim Fritze presented Resolution 95-62, appointin~ members to the Sick
Leave Bank Committee. He stated the proposed Resolutlon appoints Keith
Montag and Bob Schlegel to the corrmittee. He stated these appointments are
as currently provided for in the policy. At such time the Board decides to
change those members or structure of the committee, the committee will
change.
Discussion followed on the ~roposed Resolution.
Commissioner Phillips questloned other committee members.
Mr. Fritze stated the policy provides three named positions plus these
two additional appointments.
Commissioner Gates moved to approve Resolution 95-62, appointments to
the Sick Leave Bank Committee.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Work Session, Homestead
Bob Warner, developer, stated there are three open issue relating to the
final plat on hold. He stated the first issue is with the School District.
The applicant owes either approximately $113,000.00 or 2.2 acres of land.
sid Fox, Planning Manager, stated it is the option of the School
District to ask for either land or money.
Mr. Warner stated the second issue is the designation of a duplex lot
for the blind skier organization. He stated the third issue is an acreage
issue.
Kathy Eastley, Planning Technician, stated the acreage discrepaney is
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the acreage for the duplex rather than single family lots. She stated the
discrepaney is about two acres.
Commissioner Gates questioned dedication of o~en space being an issue.
Kevin Lindahl, Attorney representing the appllcant, stated the open
space was resolved at the last meeting.
Commissioner Phillips questioned the POD Guide.
Mr. Warner stated he offered either cash or a two acre site to the
School District. He stated the School District has indicated they would
rather have land than money. He stated the value of the land picked out by
the School District was approximately $500,000.00 rather than the $113,000.00
owed by the applicant. He requested the Board allow cash in lieu of land or
the school district pick out a larger piece of property. He stated he does
not believe the uses proposed by the School District are appropriate for the
land picked by the District.
Commissioner Phillips asked if the School District has ever chosen the
sites or if the developer picks the sites.
Mr. Fox stated the negotiation of those sites occur outside the County's
process. He cautioned the Board the School District should be present when
discussing this issue.
Bob Loeffler, Ass't. County Attorney, stated the position of the County
in the past was that it was an option of the School District.
Mr. Fox stated he has received a letter from the School District
indicating their current poliey is to request land rather than cash.
Discussion followed on cash in lieu of land for School dedication.
Mr. Loeffler read County Regulations describing School land dedication,
and stated it appears the option is with the School District.
Mr. Warner discussed the proposed duplex public lot, which would be
owned by the Blind Skier Program. He stated Staff's first recommendation was
to pull the duplex lot but now believe the application is basically a
boarding house. He stated he is only trying to provide a place for the blind
skiers to stay. He requested he be allowed to designate the duplex lot as
public.
Commissioner Gates stated it appears no one knows who's coming and how
many there will be at anyone time.
Chairman Johnson mentioned a recent court case concerning four unrelated
individuals.
Mr. Lindahl stated the applicant is requestin~ this use on the lot and
related the applicant will do what it takes to deflne it as required by
County Regulations.
Mr. Loeffler stated a POD amendment may be the route the applicant would
have to take to dedicate this lot.
Mr. Lindahl stated he does not agree with a POD amendment as a POD Guide
has not been established.
Mr. Fox stated the problem is in evaluating the final plat for Filing 2,
is the final plat consistent with Preliminary Plan? He stated the
Regulations state not over four un-related individuals in a residence
Chairman Johnson suggested this issue be reviewed by Staff and the Board
and a decision be made at a later date.
Mr. Loeffler stated because the Preliminary does not refer to this
duplex, Staff could not find any way to relate this issue to County
Regulations.
Kathy Eastley stated there have been objections from South Forty
Subdivision.
Mr. Warner asked for some assurances for this duplex lot "public".
Chairman Johnson stated due to this bein~ a work session, the only thing
the Board can do at this time is give Staff dlrection.
brought before the Board the
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