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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
MAY 30, 1995
Present: James Johnson, Jr.
George "Bud" Gates
Johnnette Phillips
James Fritze
Sara 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:
Final Settlement, Divide Corporation
Mary Jo Berenato, Deputy County Attorney, presented final settlement for
Divide Corporation for Eagle River Drop Structures. She related public
notice was pubIlshed and no claims have been received. Staff recommended
approval.
Commissioner Gates moved to approve final settlement with Divide
Corporation for Eagle River Drop Structures.
commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 95-64, Donald Bird and Gregozy Jarvis
Mary Jo Berenato presented Resolution 95-64, conferring power of
attorney upon the County Attorney's Office to draw on Letter of Credit 802-
0744. Donald Bird and Gregory Jarvis. She stated the Letter of Credit will
expire on June 2nd, 1995. She info:rmed the Board she has received a faxed
copy of the Letter of Credit.
Commissioner Phillips moved to approve Resolution 95-64, conferring
Power of Attorney for drawing on letter of Credit No. 802-0744 for Donald
Bird and Gre~ory Jarvis.
Commissloner Gates seconded the motion. The vote was declared
unanimous.
Consent Calendar
Chairman Johnson presented the consent calendar as follows:
01) Bill paying, subject to review by County Manager.
Commissioner Gates moved to approve the consent calendar as
presented.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Plat and Resolution Signing
Kathy Eastley, Planning Technician, presented Resolution 95-65, file
number SU-336-95-S, La Vista Subdivision. She stated this Resolution
represents a~proval of the sketch plan with conditions.
Commissloner Phillips moved to approve Resolution 95-64, file SU-336-95-
S, La Vista Subdivision.
commissioner Gates seconded the rrtbtion. The vote was declared
unanimous.
Kathy Eastley presented Resolution 95-66, amendment of Blue Lake Planned
Unit Development. She stated this Resolution represents approval of those
amendments. Ms. Eastleystated included in this approval is an Amended
Planned Unit Development Control Document.
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Commissioner Gates moved to approve Resolution 95-66, amendment of Blue
Lake Planned Unit Development.
commissioner Phillips seconded the motion.
In discussion, Chairman Johnson questioned the listing of grades 1 - 12
rather than K - 12.
Ms. Eastley stated the language in the Resolution will be changed before
signatures.
Chairman Johnson called for the question on the motion. The vote was
declared unanimous.
PD-314-94-P, Ute Creek PUD
Kathy Eastley presented file number PD-314-94-P, Ute Creek PUD. She
stated the applicant is requesting approval of a PUD Preliminary Plan and
related Zone Change for a general purpose storage facility on 70 acres
located north of Wolcott, 1.5 miles east of the Eagle County Land Fill. She
stated the uses by right within this PUD would include outdoor stora~e of
construction vehicles, construction equipment and construction materlals as
well as related products used by the lot owners/leaseholders. Uses which
would necessitate an Eagle County issued Special Use Pe:rmit include a waste
reduction facility, salvage yard, facilities for the processing of reeycling
and/or any use whlch would require infrastructure of a permanent nature. Ms.
Eastley stated the proposed water would be bottled and portable, pump-out
type toilets would be provided by the Facility Owner/Manager.
Referral Responses include the following:
1 . Road and Bridge Department
2. Holy Cross Electric Association, Inc.
3 . Colorado Geological Survey
4. County Surveyor, Johnson, Kunkel & Associates, Inc.
5. Divislon of wildlife
6. Colorado State Forest Service
7. Eagle County Engineering Department
8 . Bureau of Land Management
The Eagle and Colorado Valley Planning commission unanimously
recommended approval of the PUD Preliminary Plan and the Zone Change at their
meeting held on May 17, 1995.
Ms. Eastley read Staff findings as follows:
01) Open space meets the 25% minimum recommendation
02) Density conforms to the Master Plan recommendations
03) Architectural renderings have not been submitted with the
application, however the PUD Guide states the exterior coverin~ and roof will
be non-reflective and earth-tone so as to appear to blend in wlth
surroundings
04) This ~roPOsal is mixed use
05) The flve acre minimum PUD size is met
06) Open space will be maintained by the landowner and homeowners
association
07) The Resolution for sketch plan application states employee
housing needs are not applicable.
Staff recommended approval.
Terrill Knight, Knight Planning, spoke to the issue of placing
undesirable uses in a location that is visually out of the way and thus was
chosen by the Wolcott Area Plan as a reasonable location for these uses. He
stated the need is quite clear and it is central to the needs of the County.
He believes the land use is conducive to this type of use based on the
surrounding land use in the area. Mr. Knight stated he believes the
applicant will be able to address the concerns as stated by Staff and
applauded Staff for their work with the BLM.
Commissioner Gates questioned the gate on the road.
Mr. Knight responded the current recommendation from BLM is to jointly
operate the gate with the County.
Chairman Johnson questioned the reeycling activities and the applicants
use by right.
Mr. Knight stated reeycling is a use by right but not further
processing.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Dor: Fessler, Director of Road and Brid~e, spoke about the solid waste
processlng facility. He stated he has recelved two responses and would
suggest the a~plicant further pursue other options and delay a decision until
more informatlon is received. He stated regarding road issues, those are
minor and can be worked out. He believes all issues are addressable but the
upkeep of the land fill road may have to be addressed at a later time.
Mr. Knight stated the final Subdivision Improvements Agreement will
include two separate proposals.
commissioner Gates moved to approve file ZC-314-94-P, Ute Creek PUD.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
ZC-264-94, Beaver Creek POD
Kathy Eastley presented file number ZC-264-94, Beaver Creek PUD. She
stated the purpose of this Amended Final Plat is to amend the building
envelope on Lot 6, Tract H, First Amendment to the Fifth Filing, Beaver Creek
PUD. All owners of any property abutting, directly across the street from or
within 75 feet of the property for which the Buildlng Envelope Amendment is
requested, have been sent notlfication of this meeting. She stated the
Beaver Creek Design Review Board has not approved this amendment due to a
split vote. She related Staff has received an objection to this amendment
from one property owner who feels his view will be adversely affected due to
this chan~e.
Cornmlssioner Gates moved to approve file number ZC-264-94, Beaver Creek
PUD.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
BE-66-95, Beaver Creek 5th Filing
Kathy Eastley presented file number BE-66-95, Beaver Creek, 5th Filing,
Lot 6 Block 2. She stated the purpose of the Amended Final Plat is to amend
the building envelope on Lot 6, Tract H, First Amendment to the Fifth Filing,
Beaver Creek PUD. All owners of any property abutting, directly across the
street from or within 75 feet of the property for which the Building Envelope
Amendment is requested have been sent notification of this meeting. The
Beaver Creek Design Review Board has not approved this amendment due to a
split vote. She stated Staff has received an objection to this amendment
from one ~roperty owner who feels that his view will be adversely affected
due to thlS change.
Jim Morter, re~resenting Naney Sanders, stated Mrs. Sanders does have
concerns with this lssue and believes this modification should take place.
He discussed the notification to the neighboring owners and requested
direction from the Board. He presented a view of the site showing the area
they wish to amend and pointed out the location of Mrs. Sanders home and Mr.
Trailor's home. He stated they believe by movin~ the location 12 feet they
are actually causing less impact on the nei~hborlng units.
Commissioner Phillips asked what the dlstance would be from Mr.
Trailor's home to the 12 foot area.
Mr. Morter stated between 112 and 120 feet.
Mary Jo Berenato asked if the original plan would have fit into the
original building envelope.
Mr. Morter responded yes. He stated they have received endorsements
from the other surrounding owners.
Mrs. Sanders, area property owner, stated her desire is to use the land
to its best use. She asked that the Board grant the variance.
commissioner Phillips asked about mitigation.
Kathy Eastley stated moving closer to Mr. Trailor's lot can not be
mitigated but after seeing the models presented, there may be no impact to
Mr. Trailor's view.
Discussion continued on the application.
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Commissioner Phillips moved to approve file number BE-66-95, Beaver
Creek, 5th Filing, Lot 6 Block 2, with a ~lat note restricting all building
to 47 feet and incorporating Staff's findlngs. The Chairman shall be
authorized to sign the plat after the plat note has been added.
commissioner Gates seconded the motion. The vote was declared
unanimous.
SU-155-94-AF1, Eby Creek
Kathy Eastley presented file number SU-155-94-AF1, Eby Creek, Lots 72
and 73. She stated this file is to adjust the corrmon lot line between these
two lots. This amendment is necessitated by an encroachment into the
setbacks on lot 72. She read Staff's findings for the Board. Staff
recommended approval.
Commissioner Gates moved to approve file number SU-155-94-AF1, Eby
Creek, Lots 72 and 73, incorporating Staff's findings.
commissioner Phillips seconded the motion. The vote was declared
unanimous.
ZS-364-95, Game Creek Club
Kathy Eastley presented file number ZS-364-95, Game Creek Club. She
stated Vall Assoclates, Inc. is applying for a Special Use Permit for a
Recreational Facility to be located ln Game Creek Bowl, the western most bowl
on Vail Mountain. She related the proposed uses would occur on an 80 acre
privately owned parcel which is zoned Resource. The parcel is surrounded by
Forest Service land permitted for use as a ski facility. This recreational
facility would be comprised of two structures, one a private club to include
a 170-seat, 12,000 square foot restaurant bar with a caretaker unit. The
second structure proposed is a four-bedroom ~est cabin with a caretaker
unit. She stated the restaurant and bar facllity would be used daily for
lunch service in the winter with summer use limited to lunch service and
special events. Associated utilities, access roads and skier access are
being considered in the application as well. She related future development
of additional uses at this proposed facility have been considered in the
planning for this proposal. These additional uses include ~anded seating
and dinner service for the restaurant. The potential for addltional guest
cabins has also been discussed. An Amended Special Use Permit, as well as a
1041 Permit, would be necessary for any future development on this site.
Referral comments were received from the Colorado State Forest Service
as well as mitigating issues regarding defensible space and flame resistant
construction. The Town of Vail responded with concerns of visual impact,
construction materials, lighting, revegetation and wildlife concerns as well
as employee housing concerns. Comments were also received from Eagle County
Engineerlng and Bill Andree, Colorado Division of wildlife.
The Eagle and Colorado Valley Planning commission unanimously
recommended approval of the Special Use Permit with the same condltions as
Staff.
Staff recommended approval with the following conditions:
01) Colorado State Forest Service wildfire mitigation
recommendation incorporated into the development proposal. The Eagle and
Colorado Valley Plannin~ commission has voiced concerns with wood shake
shingles for roof coverlng material. VAl has stated these shingles will be
C~ass.A, pressure treated flame retardant shingles. John Griege, State
Dlstrlct Forester recommends a flame retardant treatment occur every several
years on these shingles.
02) Operation of the restaurant bar facility limited to the
following:
a) Ski opening to ski closing, 9:00 a.m. to 3:00 p.m.
b) June 1st to October 15th, 9:00 a.m. to 4:30 p.m., lunch
only
c) June 15th to October 15th, 9:00 a.m. to 7:00 p.m., lodging.
. . . 03) Overn~ght.gue~ts in the cabin must be educated regarding the
sen~ltlvlty of the wlldllfe ln the area. This may occur through literature
avallable at the cabin or via oral discussion.
04) No feeding of any wildlife including bird feeders.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
05) No barbecues can be stored outside unless in a bear proof
container.
06) All bands and music will be located within the building and
not audible 250 yards from the facility.
07) Vail Associates a~rees to indemnify the CDOW from any and all
damages by wildlife to the facillty.
08) Adherence to the concepts embodied in the Town of Vail
Lighting Standards.
09) Revegetation sufficient to ensure visual and wildlife
mitigation.
10) No private vehicular access to the site will be permitted.
Bob Loeffler, Assistant County Attorney, questioned following Town of
Vail's guidelines.
Joe Maey, representing Vail Associates, introduced his staff present and
stated they are in complete agreement with the conditions as stated by Staff
and they are here to answer any questions. Mr. Maey showed the Board the
facility location and e~lained that it is accessible from the ski runs
through OUso. The facillty will have its own snow cat to provide access to
those not on skies.
Mr. Loeffler questioned summertime access.
Mr. Maey explained from the gondola there would be van service down to
the site and then again back out to the gondola.
Chairman Johnson stated one of the needs stated in the application was
lack of capacity in public facilities on the mountain.
Mr. Maey stated through their master plan they have found restaurant
seating is inadequate. He stated at the present tlme they feel they are 500
seats short of where they would like to be.
Chairman Johnson questioned the different types of restaurant seating
and asked where the largest percentage of the lacking 500 seats was.
Mr. Maey indicated the general public is most interested in seating in
the cafeteria restaurants but that a shortage at the Stub and Cook Shack
indicated that specialty seating is in demand.
Jack Hunn, Vail Associates, explained there is no excess seating at the
Cook Shack or at the Stub during any winter day as they are booked to
capacity, however, there are extra seats in the cafeteria at various times of
the day.
Chairman Johnson asked about the development with Phase II.
Mr. Maey explained the cabin concept which will be available for
overnight, short-te:rm cabin rental. He stated in the summer of 1996 the
first cabin will be available and then as the development continues, an
additional cabin will be built.
Mr. Loeffler questioned condition #8 and stated it is on the va~e side
as it does not place specific requirements nor does it indicate who lS the
responsible party.
Jack Hunn requested this language be included because he is familiar
with the concepts and the requirements.
Mr. Loeffler stated sooner or later the applicant will be applying for a
liquor license and related the liquor business cannot be private.
Mr. Johnson asked about seepage being pllIT'ped from the tank.
Mr. Maey stated liquid would be separated from solids and solids will be
stored in a holding tank. He stated liquids would be pllIT'ped to Eagle'S Nest
and them piped on to Eagle Valley Sanitation. Solids will be removed
annually by a pllIT'per truck.
Discussion continued on the application.
Chairman Johnson asked if the fire places would be gas.
Ms. Eastley responded it could be made a condition of the application.
Ms. Eastley asked if a condition should be made limiting the use and
need for snowmobiles access to the area.
Chairman Johnson answered yes.
Jim Mandel, Vail Associates, further addressed concerns of use of
snowmobiles and stated he would like the conditions to not be so binding as
to limit Vail Associates to their being able to service the customers and
staff.
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commissioner Phillips moved to approve file number ZS-364-95
incorporatin~ Staff's conditions numbers one through ten.
Commissloner Gates seconded the motion.
In discussion, Mr. Loeffler asked for clarification on condition number
#8.
Chairman Johnson asked if a restriction would be placed on gas
fireplaces.
commissioner Phillips amended her motion to include condition number
eleven; only gas fireplaces may be used in this application.
commissioner Gates seconded the amendment. The vote was declared
unanimous.
Chairman Johnson called for the question on the motion. The vote was
declared unanimous.
PD-335-95-S, Whiskey Creek
Paul Clarkson, Planner, presented file number PD-335-95-S, Whiskey
Creek. He stated the applicant is proposing an additional 12 single family
units and a Bed & Breakfast Use by Right in the existing unit on the 5 acre
"Exception" parcel in Eagle-Vail Filing NO.1. He stated the applicant is
requesting this matter be tabled to June 20, 1995 to further consider and
address Staff concerns and issues.
Chai:rman Johnson ~ressed concern in again tabling this application.
John Bourassa, ap~llcant, stated they were unable to make a Staff change
to Knight Planning untll two weeks ago and in an effort to meet Staff's
recommendation and requirements they feel additional time is necessary.
Terrill Knight, Knight Planning, stated they are reviewing this plan and
believes that alot of the issues were not addressed and concerns of the
neighbors were not taken into account.
Chairman Johnson suggested denying this application and Mr. Knight
return with a new sketch plan.
Commissioner Phillips suggested the application be tabled and referred
back to the Planning Commission.
Mary Jo Berenato questioned if the plan would change substantially?
Mr. Knight stated the changes will be minor.
Ms. Berenato recommended the Board deny this application, thus sending a
new plan back to the Planning commission.
Discussion continued on the proposed application.
John Feeney, area property owner, stated he has three concerns as
follows:
1) Everyone is busy and he feels it is important that as public
they be able to participate.
2) He believes in the democratic process and this is denying that
process.
3) Please consider the citizens ability to participate perhaps
after the sumner season as sumner plans have been made.
4) Pointing out this particular application can not be modified
to meet the criteria.
Ann Bishop, representing other owners and herself, agreed with John
Feeney stating this is her third visit. She referred to the conditions and
substantial defects of the plan.
Pam Cross, area property owner, stated if they are prepared to
significantly change the proposal there may be reason to meet.
Patty Penwell, area property owner, stated she feels what has been
presented to the Board and the Planning Commission is out of line and not
acceptable to the community. She requested the Board deny the plan as
proposed and allow the applicant to start over.
Jake Roberts, president of the Eagle Vail Homeowners Association, stated
he would like to see the process move forward and stop giving excuses to the
homeowners she represents.
Ron Brave, property owner, stated he would like to see a good plan
presented. He believes a new plan must come before the Planning Commission
to allow for the area to be developed properly.
commissioner Gates moved to deny file number PD-335-95-S, Whiskey Creek,
as presented.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEt:S 387869
commissioner Phillips seconded the motion.
Terrill Knight stated on behalf of the applicant he would like to
withdraw the application.
ANNUAL WILDFIRE OPERATION PLAN
Chai:rman Johnson stated Sheriff A.J. Johnson was not present to present
the Wildfire Operation Plan for Eagle County for 1995. He suggested this
matter be tabled to June 5, 1995.
Commissioner Gates moved to table discussion on the Annual Wildfire
Operation Plan to June 5, 1995.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
There being no further business to be brought before the Board the
meeting was adjourned until June 5, 1995.
Attest:
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