HomeMy WebLinkAboutMinutes 01/30/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEt:S 387869
PUBLIC HEARING
JANUARY 30, 1996
Present: George "Bud" Gates
Johnnette Phillips
James Johnson, Jr.
Sara J. Fisher
Chairman
Commissioner
Commissioner
Clerk to the Board
This being a scheduled Public Hearing the following items were presented
to the Board of County commissioners for their consideration:
Plat & Resolution Signing
Kathy Eastley, Planning Teclmician, stated the first item on the agenda
was plat and resolution signing as follows:
01) SM-1015-95, Eagle-Vail, Filing 1, Lot 117, Block 3. She stated
this was a Minor Type "B" Subdivision, resubdivision of Lot 117 to create
Lots 117E and 117W. This plat does contain the duplex split caveat stating
only one two family residence may be constructed on the combined area of
these lots.
Commissioner Johnson moved to approve final plat, file number SM-I015-
95, Eagle-Vail, Filing 1, Lot 117, Block 3.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
02) SM-1022-95, Ber~ Creek Ranch, Filing 1, Lot 22. She stated
this was a Minor Type "B" subdlvision, resubdivision of Lot 22 to create Lots
22E and 22W. She stated this plat does contain the duplex split caveat
stating only one two family residence may be constructed on the combined area
of these lots.
Commissioner PhilliI?s moved to approve final plat, file number SM-I022-
95, Berry Creek Ranch, Flling 1, Lot 22.
commissioner Jolmson seconded the motion. The vote was declared
unanimous.
03) SM-1024-96, Arrowhead at Vail, Filing 11, Lot 16. She stated
this was a Minor Type "B" Subdivision, resubdivision of Lot 16 to create Lots
16A and 16B. This plat does contain the duplex split caveat stating only one
two family residence may be constructed on the combined area of these lots.
Commissioner Johnson moved to approve final plat file number SM-I024-96,
Arrowhead at Vail, Filing 11, Lot 16.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-13, file number ZS-369-95, Tenth Mountain Division
Hut Association, Middle Creek Hut. She stated this is a Resolution for
approval with conditions of a Special Use Permit for a recreational back
country hut within the Resource Zone District.
Chairman Gates questioned how many huts will be put on the trail.
Ms. Eastley stated she is unaware of the exact number they propose.
commissioner Phillips moved to approve Resolution 96-13, file number ZS-
369-95, Tenth Mountain Division Hut Association, Middle Creek Hut.
Commissioner Jolmson seconded the motion. The vote was declared
unanimous.
Resolution 96-14, file number ZS-379-95, Eagle County Maintenance
Storage Facility at Poppy Creek. She stated this is a Resolutlon for
approval with conditions, of a S~ecial Use Permit for a road maintenance and
contractor storage facility withln the Resource Zone District.
Commissioner Johnson moved to approve Resolution 96-14, file number ZS-
379-95, Eagle County Maintenance Storage Facility at Poppy Creek.
commissioner Phillips seconded the motion. The vote was declared
unanimous.
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ZS-374-95, Hidden Treasure Adventures
Kathy Eastley presented file number ZS-374-95, Hidden Treasure
Adventures. She stated this is a request for a recreational facility for
overnight accommodations provided to cross-country skiers, hikers and
equestrians. When tabled, there were issues which needed clarification. One
of those was grey water and the disposal of such. The applicant has provided
a letter which confirms the tank can be used for such disposal. The second
issue is regarding the eguestrian use. Staff has recommended not allowing
the property for equestrlan use. Ms. Eastley discussed the condition of a
bi-annual report.
Bob Slagel, Animal Control officer, stated his concerns are addressed in
a memo he has written to the Board. He does not feel he is responsible for
modifications. He believes providing horses for novice riders will result in
accidents or injuries. He stated he believes some natural baiting would
occur with horses and or pack animals.
commissioner Johnson asked if domestic animals referred to llamas.
Ms. Eastley responded no. She suggested pack animals should be included
in the equestrian.
Mr. Slagel suggested condition #5 should be broadened to state no
animals.
Commissioner Jolmson suggested no animals means no wildlife either. He
suggested domesticated be those under the rule of a human.
Mr. Slagel referred to his memo and suggested the needs of the animals
are greater than the property allows. He believes the impact on the road can
be addressed by the Forest Service.
Terry Thomas, owner of the property, stated she has done great research
on this and in the future they would like to offer equestrian use. At that
time they will have a well and when they are prepared they will consult with
the proper authorities. She stated the more she knows the more she
understands.
commissioner Johnson suggested they amend their application when the
time is right.
Mary Jo Berenato, Deputy County Attorney, asked if there is a time limit
on the special use permit.
Ms. Eastley responded no. wi th the Board's direction they have required
semi-annual reports and an annual inspection.
Ms. Thomas stated they would like the special use permit approved today.
They have been working on this since August. They are a small business, and
both she and her husband have full time jobs. Financially, they need to set
their business going. They are trying to meet the conditlons. The buildlng
permit was not an issue when they first started but they have applied for
one, and the checks were cashed ln November. They have good intentions and
will not exploit the area. She pleaded with the Board for their approval
today.
Chairman Gates asked what staff sees the impact as being.
Ms. Eastley resI?onded at this time there is the Polar Star Inn and
Carl's Cabin, which lS in the 10th Mountain Hut program. Other than that,
there is no development in the immediate area. One of the issues the
planning commission questioned was the long term results on the neighborhood.
Staff has taken these concerns into consideration. with the current zoning
there is the potential for four single family homes. This is an attempt at a
low impact lodging facility and the impacts are certainly less than with what
could be built on the parcel.
Ms. Berenato asked how many mining claims are around the area.
Ms. Eastley responded there are about thirty. The Forest Service is
attempting to purchase some of the parcels.
John Seiple, owner of Polar Star Inn, stated the topography of the
mining claims is such it would not be feasible to put four single family
homes on it. Except where the Yurt is now, the grade is 25% steepness. The
letter from the 10th Mountain states that enough is enough. He referred to
the letter he read last time which indicated it's a good idea but too close.
He states Polar Star runs at about 60% occupancy and Carl's cabin at 20%. He
stated they are no more than 50 feet from their proI?erty at one point and
around 600 feet from ca~ to camp. His opposition lS due to the closeness to
his operation and this wlll be detrimental to his business. He sees this as
being the tip of the iceberg and there will be too many people in the area.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Mr. Seiple stated it is the County's position not to jeopardize something
that they have approved and they have some responsibility for what they
approve.
Commissioner Phillips asked if this was approved for single family.
Ms. Eastley responded it was zoned for resource but the applicant has
put the Yurt up there for their own purposes. She stated there may be a
violation. Ms. Eastley stated they have pursued the violation which was
brought to their attention at the last hearing.
Bruce Campbell, Code Enforcement Officer, stated he was made aware of
the zoning violation and has investigated it.
Terry Thomas stated she has full documentation from Ausust. They were
under the irrpression everything would be finalized by the flrst of the year.
She stated she has kept full records of what has gone on up to this point.
Ms. Thomas stated they did rent it on New Year's Eve and they rented it to
Mr. Close who did not actually stay in the Yurt.
Ms. Berenato stated the zoning violation will be taken up at a zoning
violation hearins. She does not believe the applicant should be heard on
that issue at thlS time nor is she required to submit information regarding
the alleged violation.
Commissioner Phillips asked if in the future they would consider putting
other buildings on the property.
Ms. Thomas stated they will ultimately have a cabin and the Yurt will
come down.
commissioner Johnson stated they must analyze the applicant's ability to
corrply with the regulations and that no commerclal use was to be made of the
facillty without the approved special use I?errnit.
Commissioner Johnson referred to condltion #9 and his understanding they
were going to remove the wording of bird feeders. In #13 he added a sentence
regarding weighing the irrpacts of the development.
Ms. Berenato responded they must then set down the types of impacts they
are minimizing so down the road they will know if they have exceeded that
limit.
Mr. Jolmson stated, regarding the disposal of srey water, he would like
to see the applicant's pharrplet providing more expllcit wording and a greater
explanation of what grey water is.
Ms. Berenato asked if commissioner Jolmson was going to expand on his
concern with the waste water.
Commissioner Jolmson responded he would like staff to exJ?and on the
issue. He stated the final act will not be until the resolutlon is signed.
Ms. Eastley stated the building permit is not issued for the dwelling
unit. The permit is for the deck.
Ms. Berenato asked for direction on who they look to for assistance with
the environmental impact.
Ms. Eastley stated that would come from various agencies.
Bill Johnson, Forest Service, stated right now they have monitoring
requirements they use. 10th Mountain has a monitoring plan and the Forest
Service reviews lt with them on an annual basis.
Ray Merry, Environmental Health Officer, stated they would prefer to
keep such a plan in house so it is enforceable by Eagle County. Input from
the Forest Service is helpful. He suggests the aI?plicant provlde them with
the plan. Mr. Merry stated without the opportunlty to review the plan or do
an inspection, they may chose to be more stringent. Mr. Merry asked if fees
are charged for their service to do insI?ections.
Ms. Berenato suggested if the appllcant has no objections to this plan
perhaps they can schedule this and the resolution to be signed on February
20, 1996. Ms. Berenato stated the applicant is trying to be as helpful as
possible. She believes they can have a I?lan in place for the 20th at which
time if the plan is approved the resolutlon could be signed.
Mr. Merry stated over the next several months he does not see the
environmental irrpacts being so severe. Without knowing the conditions, how
can they know if they're in violation.
Ms. Berenato stated what they are looking for is a guideline.
Mr. Merry stated it would be difficult to say how bad is bad if they
don't know what it looks like today.
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Ms. Berenato suggested the plan could be in place by a certain time.
Commissioner Jolmson stated there can be an environmental plan put into
I?lace that says these are the things they are soing to look for. An
lnventory can be done at a later date. He belleves the irrpacts between now
and then would not be that substantial.
Commissioner Phillips stated she has some concerns with the impact to
the area but not ones that can't be overcome.
Phil Scott, Engineering Technician, stated he responded to the referral
and received no reply to his response. The comments they made were because
this being a commerclal operation and the distribution of phamplets will
bring in people who don't have a clue. He addressed medical concerns, i.e.
high altitude sickness. He still has the same concern. The other facilities
attract a more fit clientele and guestions how they will treat those with
medical concerns. He doesn't belleve a waiver will certify a medical concern
doesn't exist.
Staff recommended approval with the following conditions:
01) The parcel of land proposed for this facility is described as
the Left Bower, Hidden Treasure, Risht Bower and Receiver Lodes mining claims
located in the Fulford minins distrlct. This area shall be limited to the
use of this recreational facllity on a minimum area of 36 acres which shall
be allowed a maximum of one yurt. The yurt shall be limited to a maximum of
eiSht beds. The location of the ~rt shall remain consistent with the
bUllding permit site plan as provlded y the applicant to the Eagle County
Building Division.
02) The Yurt may not be used for commercial purposes until such
time as a Certificate of Occupancy issued by the Eagle County Building
Official and the United States Forest Service access easement is granted.
03) Access shall be limited to non-motorized vehicles except for
use by the owners to resupply the yurt and as necessary to provide
maintenance to the facility.
04) No equestrian uses associated with the overnight lodging
facility shall be permitted.
05) No domestic animals shall be permitted on this property.
06) Peripheral fencing shall be as recommended by the Colorado
Division of Wildlife.
07) Any outside storage of trash or garbage shall be in bear proof
containers which meet North American Bear Society, Colorado Division of
wildlife or D.S National Park Service specificatlons.
08) There shall be no dumps or underground disposal of refuse on
the site.
09) With the exception of bird feeders, the feeding, baitin9'
salting or other means of attracting wildlife to the property is prohlbited.
10) The applicants hereby waive the right to any future wildlife
damage claims against the Division of Wildlife, Stated of Colorado.
11) All disturbed areas shall be reseeded or replanted with native
plant species originally present in the sub-alpine environment. Neither
ornamental nor non-native species of plants shall be permitted on this site.
12) The aPI?licants shall submit semi-annual reports to the
Department of COmmunlty Development.
13) An annual review will be conducted by the Community Development
Department to assure compliance with all conditions.
commissioner Jolmson moved to approve file number ZS-374-95, Hidden
Treasure Adventures with conditions as stated by Staff with modification of
#9 and #13 as well as #4 and #5.
Commissioner PhilliI?s seconded the motion.
In Discussion, COmmlssioner Phillips stated she still has some concerns
with the development of the area and wondered if they will be faced with the
same issues when others come in.
Commissioner Johnson stated they have addressed this concern in #13 and
the review of the irrpact will helI? them in makinS future decisions.
Ms. Berenato asked if there lS a date by WhlCh time they would like to
have the l?lan.
COmmlssioner Jolmson stated they would like to have the plan be February
20, 1996 and the inventory at a time in the future.
Ms. Thomas asked about the revocation process and if it would come
before the Board.
Ms. Berenato explained the process.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Chairman Gates called for the question on the motion. The vote was
declared unanimous.
SU(PD) -110-95-AF, The Woods
Kathy Eastley presented file number SU(PD)-110-95-AF, The Woods, Filing
2, Lot 80. She stated this was a request to amend the condominium map for
the Woods, Building A. She explained the request to the Board. The
applicant has requested this matter be tabled.
Bill Sargent, applicant, explained the assignment was not recorded at
the time the deed was. They need to clean up their paperwork and clear up
the inconsistencies. He believes they can be cleared up in two weeks.
Ms. Eastley explained the titling of this file and the new filings.
commissioner Phillips moved to table file number SU-II0-95-AF, The
Woods, Filins 2, Lot 80 to February 13, 1996.
Commissloner Jolmson seconded the motion and the vote was declared
unanimous.
SU-336-95-F, Parks ide at El Jebel
Paul Clarkson, Planner, presented file number SU-336-95-F, Parks ide at
EI Jebel. He stated this was a request to subdivide the three acre parcel
into eight (8) single family parcels plus fifty feet of road right-of-way.
He explained the request to the Board. Pursuant to Resolution 95-130 the
Planning commission does not need to sign the plat. The Attorney's Office
has prepared an Off-Sit Improvements Agreement. Staff recommended approval.
Rock and Harold Leonard, applicants, were available for questions.
commissioner Johnson moved to approve file number SU-336-95-F, Parks ide
at EI Jebel.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
There being no further business to come before the Board the meeting was
adjourned until February 5, 1996.
Attest:
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