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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 1 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 2