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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. 1 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. 2 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. 3 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. 4 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: C ~~ 4.~:t~ al ~ 5