HomeMy WebLinkAboutMinutes 02/20/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
FEBRUARY 20, 1996
Present: George "Bud" Gates
Johnnette Phillips
James Jolmson, Jr.
Sara J. Fisher
Chai:rman
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:
SD-008-96, Eagle River Water & Sanitation Dist.
Keith Montag, Director of Community Development, presented file number
SD-008-96, Easle River Water and Sanitation District Service Plan. He stated
this aPI?licatlon is the consolidation of the ~per Eagle Valley Consolidated
Sanitatlon District and the Vail Valley Consolldated Water District being
represented today be Jim Collins. The primary purpose is to promote
efficiency of service provision in a cost effective manner and to ultimately
allow for resional consolidation of the other Districts in the Eagle River
Drainage BaSln. The focus today is on the initial consolidation.
Mr. Montas stated NWCOG responded with support for this consolidation
and indicated lt does comply with the 208 Water Quality Management Plan.
Discussion followed regarding an ensineering survey.
Discussion continued regarding servlce standards and the standards of
the district will exceed current County standings.
Mr. Montag stated this consolidatlon allows for the consolidation of
~per Eagle Valley Consolidated Sanitation and Vail Valley Consolidated Water
Dlstrict. He referred to Staff findinss. The first set is a set of four
findings A - D and the second set of flve findings. The first set of
findings must be found adequately addressed. The planning commission has
recommended approval and Staff does as well.
Mr. Montag stated they have received a petition from the Town of
Minturn. Mr. Montag introduced Jim Collins.
Jim Collins stated this is a consolidation of the Vail Valley
Consolidated Water District and the Upper Eagle Valley Consolidated
Sanitation District. He stated they are attempting to consolidate all sewer
plans throuShout the County but each entity has the ability to chose if they
will consolldate or not. Mr. Collins stated there are a number of Board
members here today. He stated they will take this to the voters on May 7,
1996.
Mr. Collins introduced proofs of mailing for the record. He presented a
certificate of mailing of post card notice to 12,600 homes within the
districts. He referred to the notice of filing to the Division of Local
Government made by the Attorney's office.
In his opinion they are in full compliance with the necessary
requirements. Mr. Colllns introduced Dennis Galvin and then questioned him
accordingly. Mr. Galvin is the General Manager of the Upper Eagle Valley
Consolidated Sanitation District. Mr. Collins asked about the engineering
survey. Mr . Galvin distributed the maps and Mr. Collins asked they become
part of the record.
Mr. Galvin explained the two exhibits one being the Vail Valley
Consolidated Water System and the second titled Upper Eagle Valley/Vail
Wastewater Service Areas.
Mr. Collins discussed the Service Plan and their plans for future
improvements. He referred to Staff's questioning of the service plan.
Mr. Galvin stated they are currently serving this area to a very high
standard and it will remain as such.
Mr. Collins continued to question Mr. Galvin regarding the proposed
Service plan and its ability to meet the statutorily required performance
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requirements.
Chairman Gates asked about including Red Cliff if Minturn opts out and
about the railroad right of way.
,Mr. Galvin responded the railroad right-of-way option may become more
feaslble.
Chairman Gates asked about the cost effectiveness and whether the
consumer will see an increase.
Mr. Galvin responded all of the facilities are operating as though they
are consolidated. Administrationally, this will become easier and more cost
effective.
Commissioner Johnson stated the Service Plan reflects a 4% increase of
the rates and the administrative costs will increase some. He asked about
the plan set up where one district wouldn't be subsidizing the plan. He
asked if a district has not committed for six or seven years.
Mr. Galvin responded their desire is for no particular district to
suffer. The customers will be protected from any increases merely because of
consolidation.
Mr. Collins stated the cost of treatment at the Upper Eagle Water
Authority are higher than the Vail Valley. If Minturn wants to come in at a
later date, they are probably producing water at a lower rate. Mr. Collins
stated it is flexible 15 years.
Commissioner Jolmson asked Mr . Galvin about the fee growth of 4% but yet
the tap fees will remain the same. Is this not a subsidy of growth.
Mr. Galvin stated he does not see that being the case and further
explained. The freeze on tap fees is flexible as well.
Chairman Gates referred to findings A - D and asked if there were
questions.
Commissioner Johnson responded he has no questions on those but on the
exclusion question.
Bob Loeffler, Assistant County Attorney, asked if Mr. Collins had
completed his presentation.
Mr. Collins responded he still has some information to introduce. He
handed out a letter to be included in the record. The letter reflects
Minturn's desire to be excluded. Mr. Collins referred to the areas being
included. ~per Eagle Valley Consolidated Water can still service Minturn by
differentiatlng the service boundaries. It is not their intent to ever
include Minturn in the water service. Mr. Collins introduced Rick Sackbauer.
Mr. Sackbauer read from his letter dated February 13 to Mike Gallagher,
Mayor of the Town of Minturn.
Commissioner Phillips asked about the election question.
Mr. Collins responded they will be asked about the consolidation but
they will not be included in the water I?lan.
Chairman Gates asked Mr. Loeffler lf the letter would be sufficient.
Mr. Loeffler responded it is probably sufficient but the Board may make
a separate motion stating Minturn will not be included in the water service.
Mr. Collins introduced Rick Mccutheon and referred to the draft lGA
which is now in final form. He introduced the lGA for the record.
Mr. McCUtcheon, Chairman of the Ui?per Eagle Regional Water Authority,
stated they considered including all SlX of their members but determined the
timing wasn't right. They do support the I?lan and realize consolidation will
ultimately be in their best interest. Thelr rate structure is corrpletely
different as well. OVer time the rates will merge a little.
Commissioner Phillips moved to exclude Minturn from the water service
portion of the consolidation of Eagle River Water & Sanitation District.
commissioner Jolmson seconded the motion. The vote was declared
unanimous.
Commissioner Johnson moved to approve Resolution 96-19 file number SD-
008-96. Eagle River Water & Sanitation District consolidation incorporating
staff's findings.
commissioner Phillips seconded the motion. The vote was declared
unanimous.
ZS-342-94 & ZS-342-96-A, Daniels Special Use Per.mit
Ellie Caryl, Planning Technician, presented file number ZS-342-94,
Daniels SI?ecial Use Permit. She stated this was an order to show cause why
this speclal use permit should not be suspended or revoked. She explained
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL:S 387869
the location of the Daniels yard and reviewed the background of the property.
The I?roject was approved with 21 conditions. Up to 13 conditions of the
Speclal Use permit have been or are being violated at this time. She stated
the County reacted to a complaint about this property regarding Avis Car
Rental moving to this site. At this time, the residence is constructed and
is being used a s a single family residence rather than as an employee
housing unit, the fenced and screened contractors yard is installed, the
10,000 square foot office/warehouses building is not built and several uses
exist on the site that were not approved.
Ms. Caryl went on to discuss staff's findings found in staff's handout
beginnins on page two. She stated staff is of the opinion that 1) the nature
and magnltude of the violation found to exist are significant given the
underlying zoning, the abuse of special use process that enable increased
property rights and land value, 2) the impact of such violation on the
health, safety and welfare of adjacent property owners.
Rick Poffenberger, representing the applicant, stated they believe they
can show there are only 1, 2, or 3 remaining issues. Mr. Poffenberger stated
the RV's are no longer occupied. Mr. Poffenberger further explained the
applicant's position. He asked if the Board is considering 13 violations or
3.
Mr. Loeffler stated the violations indicated in the Letter of Show Cause
are those being reviewed here today.
Mr. Poffenberger stated there are three major concerns regarding the
health, safety and welfare. He stated they will present letters and70r
comment from the adjacent property owners.
Chairman Gates stated the Special Use permit was granted with certain
conditions to be met. He stated they can manipulate the issues but have they
violated the conditions.
Mr. Poffenberger stated they will address the concerns that have been
presented.
Terrill Knight, Knight Planning, stated they are not here to ask for lax
enforcement nor following the original rules. He stated there have been some
problems in the past but he feels responsible to make the appropriate changes
and modifications. They have made adjustments based on what staff has asked
for. He referred to Ms. Caryl's surrmarization. Some they believe are not
violations and some will require an amended approval. He presented a letter
submitted to the Planning Commission when he wasn't able to be there and a
letter being submitted today.
Chairman Gates entered the letters into the record.
Mr. Daniels stated this letter outlines the conditions. Mr. Daniels
proceeded to clarify the letter starting with the landscaping. Mr. Daniels
stated he felt what they were doing required some extra landscaping. Mr .
Daniels referred to his letter. Mr. Daniels stated they amended the
application for well permit and they began their work. There was a complaint
but when tested it was not considered a wet lands. He then went through that
with the Corps of Engineers. He discussed the seeding, rocking, and netting.
He discussed dust control stating they were watering the gravel areas until
they are able to corrplete. #5, the State Highway permit, he understood to be
necessary only after adding more traffic. He did a traffic study informally,
but understood he would have to do a formal study. #6 regarding fabrication,
he stated they will no longer do any in the future. He referred to the
fabrication and repairs. Storing of vehicles has not been an issue but he
understands they must be kept within the fence. Landscaping material he
stated, was not thought out ahead of time. They were looking at doing the
composite with the adjoining site. He stated they did not use anything other
than the allowable uses at this time. He stated what is there is ready to go
and is certified. He has leveled the piles down to six feet. He stated the
materials were delivered out of larger trucks and they did dump piles higher
than allowed. He stated he does want to corrply. LightinS is at 12 feet.
Commissioner Johnson asked for clarificatlon of fabrlcation and repair
and asked Ms. Caryl if changing a tire would conflict.
Rick Poffenberger stated this came about when a man was runninS a welder
on the vehicle he was using. As a practical matter, it is all withln the
screened area. It was a repair and not the creation of a new pipe.
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Commissioner Jolmson referred to the fabrication.
Mr. Loeffler responded, stating the events described by Mr. Daniels
would be considered repairs.
Chairman Gates asked about environmental concerns.
Mr. Poffenberger stated it has been raised as an issue of concern but
until the letter it was not cited as a violation.
Ms. Loeffler stated the answer is that those are not allowed uses.
Mr. Poffenberger stated in their amendment they are looking to make
slight changes. He asked for clarity from the Board.
Mr. Daniels introduced pictures for the commissioners to review. He
went on to the drainage plan and has concllfded gradins d(.:m~ ~t the initial
site has been co~leted. He stated they dlscussed thlS lnltlally and he was
approved for puttlng in an office trailer. Mr. Daniels stat;:ed t1:e
environmental issues are of greater concern and he does belleve ln
compliance. Mr. Daniels stated the berms are present but outside of the
fence. He referred to his original plan and the hole for the storm
wastewater plant. He stated the berm is working. He stated he made, a
mistake on the building but the soil reports have been done and submitted to
the County. Mr. Daniels stated they have two well permits and the one
submitted to Ms. Caryl was for the exempt well. He stated he does have four
contractors using the site but felt he had received approval for three. Mr.
Daniels stated perhaps there was a misunderstanding.
Mr. Poffenberger stated Bruce Campbell visited the site and Mr. Daniels
had requested a temporary permit.
Ms. Caryl stated the office trailer was allowed to accommodate the
aI?plicant. She stated she was not party to the permit and if there is a
dlfferent permit she is not aware.
Mr. Daniels explained when Bruce Campbell visited he guestioned the
entities on site. Mr. Daniels stated he purchased the equlpment from the
bankruptcy court and has brought those items into co~liance. He stated he
has done a remarkable job in the last thirty days. Slte plan, yes, he moved
the building and that was wrong to do. He further discussed what he has done
to the site. The trailers are now being used for storage and not for
residency. At no time, however, was the intent to be permanent. Mr .
Daniels referred to the documentation handed out.
Commissioner Johnson asked if the second well permit has been extended.
Mr. Daniels stated that was extended and he has not received the
absolute decree. He submitted a coPY to the Board. Mr. Daniels stated they
have also submitted a letter from Ewlng Trucking. He stated all of the
utilities have been completed.
Mr. Loeffler asked why they commenced the use of the property before the
conditions of the special use permit where met.
Mr. Daniels stated he did not intend to slight the sI?ecial use permit
and he apologized for not handling this in a more I?rofesslonal manner. Mr.
Daniels related he would not admit he knew he was ln non-compliance but he
moved ahead as he thought he could.
Mr. Loeffler referred to the residence trailer and the residence house.
Mr. Poffenberger referred to the discussion Mr. Daniels had with Bruce
Campbell. There was a notification.
Mr. Loeffler asked Mr. Daniels about his application and the use for a
contractor's storage yard.
Mr. Daniels responded he believed the trailer was appropriate. He does
understand that he cannot open an RV parking lot.
Mr. Poffenberger stated Mr. Loeffler's point is well made but needs to
be clarified.
Ken Hutchenson was introduced as the individual living in the trailer.
Mr. Loeffler stated this order to show cause does not relate to the
renting.
Mr. Daniels stated he has resolved this by havins the occupant move out.
Mr. Hutchenson stated he was at the job slte livlng in a travel trailer.
When he spoke with Mr. Campbell nothing was stated indicatin~ he should move
out. He, stated l:1is company prefers he live close to the pro~ect to keep an
eye on hlS materlals. Mr. Hutchenson has moved into Mr. Danlels home. Mr .
Hutchenson stated while he was living in the trailer he had a sanitation
company c?me in an pump out his unit on a regular basis.
Calvln Bates, owner of CalCo, stated he has had to move three times ln
order to have trucks. He knows there are rules with Special Use Permits but
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
questions them having to come in here every time they want to make a change.
He stated they have been doing some welding there. If they are unable to
weld or repair their vehicles, they will have to move somewhere else.
Commissioner Johnson stated the error was within the original
application which requested two types of business, a contractor's storage and
landscaI?ing. He suggested they should have come in for a zone change or a
POD, WhlCh would have prevented this situation except for the other
violations. He reminded the applicant they approved this for the two
particular corrpanies and the needs of those types of corrpanies for the nature
of the use.
Mr. Poffenberger read the definition of contractor's storage. He
expressed that Avis Rent A Car fits into that scheme.
Commissioner Johnson again referred to the original application and the
fact the special permit was issued for excavation or nursery.
Mr. Poffenberger stated once it was clarified Mr. Daniels amended his
request.
Glen Palmer, Alpine Engineering, prepared the initial access permit for
the special use. He believes the current uses conform with the initial
permit. Mr. Palmer stated he believes they can work out any issues still
outstanding.
Mr. Daniels stated again, he is concerned and wants to be sure he is not
causins a safety issue. His credibility of trying to be an asset to this
communlty is what he is trying to preserve.
Mr. Palmer referred to the access permit and stated the change in use
requires resubmission. He stated on this particular permit there would not
be much to be in con-compliance.
George Roussos, County Engineer, stated when they issue a highway access
permit they only do so when the property is in confo:rmance with the Special
Use permit. If amended, they will process the application. They are waiting
for a decision from the Board.
Bruce Campbell, Code Enforcement Officer, stated this investisation was
brought to his attention on or around June 1, 1995. At that time lt was the
piles of material exceedin$ six feet. He began his investigation and does so
by entering into conversatlons in person or on the phone. The purpose of
collectins that information is for use in a hearing as today. He stated at
no time wlll he give instructions unless a blatant violation is taking place.
Ms. Caryl suggested perhaps she should go through the amended use permit
application.
Mike Errian, Wright Water Engineers, stated he has worked with Mr.
Daniel since 1994. He explained the work they have done and clarified the
issues of the water supply. He discussed the application for water supply
and the well permits. Once the augmentation I?lan is approved the well permit
will be approved. In the summer of 1994, Wrlght Water Engineers prepared
the plans for the storage yard area as proposed at that time. He stated he
has recently visited the property to review the measures in the plan against
what is in the field. For the most part, the items were in compliance. In
January 1995 Mr. Daniels approached them with the revised plan for the wash
station.
Jolm Ingle, area resident, stated he goes by the site on a daily basis
and from the standpoint of esthetics it looks pretty good. What strikes him
is the desree Jodi has gone through to buffer his slte. Another issue that
strikes hlm is the new master plan and the developments being clustered into
developed areas. The Gateway plan is a very short distance from this. From
a professional opinion he does not see the automobiles irrpacting the
surrounding area anymore than what has been approved. He referred to a
discussion with his wife, a fourth generation resident, who indicated she is
in favor of the site.
Chairman Gates asked the applicant what they wish to do.
Mr. Knight stated they would like to continue this until a date
available.
Mr. Daniels suggested two hours would be needed.
Ellie Caryl stated March 19, 1996 would be the next available date and
Staff requested they not review information heard today. She reminded the
Board the Avis violation has been ongoing for fifty days.
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Sid Fox, Planning Manager, stated March 12, 1996 from 1:30 to 3:30 is
available.
Commissioner Phillips moved to table files ZS-342-94 and ZS-342-96-A to
March 12, 1996 at 1:30 p.m.
Commissioner Jolmson seconded the motion. The vote was declared
unanimous.
Resolution 96-17, Eagle County Treasurer
Chairman Gates presented Resolution 96-17, appointing Karen L. Sheaffer
as Eagle County Treasurer and Public Trustee.
Commissioner Phillips moved to approve Resolution 96-17, appointing
Karen L. Sheaffer as Eagle County Treasurer and Public Trustee.
commissioner Jolmson seconded the motion. The vote was declared
unanimous.
The Swearing in of Karen L. Sheaffer, Eagle County Treasurer and Public
Trustee by Judge William L. Jones
Plat & Resolution Signing
SM-I019-96 Berry Creek Ranch, Filing 4, Lot 29, Block 3. She stated
this is a minor Type B subdivision, resubdivision of Lot 29 to create Lots
29A and 29B. This plat does contain a Duplex-Split Caveat which states only
one two-family residence may be constructed on the combined area of these
lots.
Commissioner Johnson moved to approve file number SM-I019-96.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
SM-1028-96 Red Tail Townhomes, Phase I. Ms. Eastley stated this is a
Minor Type B subdivision, resubdivision of The Homestead, Filing 3, Lot 6, to
create 6 townhomes units, corrmon area and future development area. Ms.
Eastley explained the resubdivision.
Commissioner Phillips moved to approve file number SM-I028-96 for the
Chairman'S signature but recording will not take place until the appropriate
fees have been paid.
Commissioner Jolmson seconded the motion. The vote was declared
unanimous.
PD-293-95-AF4 Cordillera Subdivision, Filing 8, Lot 19, Tract F. Ms.
Eastley stated this is a Correction Plat whose sole purpose is to change the
address of Lot 19 from 0052 East Timber Draw to 0123 Timber Trail.
Commissioner Johnson moved to approve file number PD-293-95-AF4.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-18, ZS-374-95 Hidden Treasure Adventures
Ms. Eastley presented Resolution 96-18, file number ZS-374-95, Hidden
Treasure Adventures. She stated this is a resolution for conditional
approval of a Special Use Permit for a Recreational Facility within the
Resource Zone district. This file was presented to the Board of County
Commissioners on January 16, 1996 and January 30, 1996.
Commissioner Johnson questioned some of the wording and some changes he
would like to see made.
Ms. Eastley stated she will make the appropriate changes.
commissioner Phillips moved to approve Resolution 96-18, ZS-374-95
Hidden Treasure Adventures with corrections as stated.
Commissioner Jolmson seconded the motion. The vote was declared
unanimous.
G-79-95, Bachelor Gulch Access
Georse Roussos presented file number G-79-95, Bachelor Gulch Access. He
stated thlS was a petition for vacation of certain rights-of-way of Eagle
County's located in Bachelor Gulch. Mr. Roussos read the chronology in
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Staff's report.
The major issue is of public access. The rishts-of-way proposed for
vacation exclusively cross lands owned by the Petltioner. Although public
access will be lost on these particular rights-of-way, it can be assured by
the approval of the Final Plat for Lower Bachelor Gulch. Staff recommends
approval once public access is assured through the Final Plat of Bachelor
Gulch.
Tom Raggonetti, applicant, stated this is right-of-way, not a road. He
stated there is no public access from any public highway which meets this
right-of-way. He reminded the Board of the intention of the vacation which
was never carried out.
Mr. Loeffler addressed Mr. Roussos item #3 regardins the provision of
access through the plat. He asked if the access is provlded in the plat.
Mr. Raggonetti stated this roadway is being built by the Metropolitan
District and any member of the district may use it. Mr. Raggonetti explained
the three issues. Access to the mountain and casual travel are being
maintained and handled by the district.
Mr. Loeffler questioned Jolm Doe from Eagle using the road to enjoy the
colors.
Commissioner Johnson questioned about using the roads in Eagle Vail.
Mr. Raggonetti responded there are considerations. The primary one is
this is a dead end road.
Mr. Loeffler read from the document titled Conveyance of Roadway
Easement to Smith Creek Metropolitan District. He read #4 and understands
that item to include Jolm Doe.
Mr. Raggonetti stated it depends on how you determine if the access has
been exceeded. As a place for touring, for someone to drive up and drive
back does not make sense. Irrplementins an access control policy is the means
of achievins this. He stated the publlC is not being denied access but they
will be denled vehicular access.
Peter Jamar, Jamar and Associates, stated the intent is not to restrict
I?ersonal access but to restrict vehicular access. The desire is to minimize
lmpacts on the road and wildlife. The fragile ecosystem does not support a
large number of vehicles. The type of access will be limited.
Ms. Eastley stated staff has been under the assumption they have been
talking about a similar base gate house like Beaver Creek. Ms. Eastley
stated there is nothing on the plat that indicates there are going to be
gates.
Mr. Jamar stated there may be restricted access (control gates) into the
residential area but only to restrict vehicular traffic.
Commissioner Phillips referred to the sign in upper Beaver Creek stating
no one is allowed on the road unless they are a homeowner.
Commissioner Jolmson asked if gates are permitted in the POD.
Mr. Jamar responded yes. He further discussed some of the access
controls they must inflict for the purpose of wildlife issues.
Chairman Gates questioned if these are really private roads but not
being given that name.
Mr. Loeffler responded that is correct. He referred to the Engineers
statement and the Land Use Regulations. What is being presented today are
effectively private roads and while the traffic control pu~oses which have
been mentioned may be a side effect there will be no extenslve control over a
district member's use.
Mr. Raggonetti stated he fully disagrees and this is merely a limitation
of public travel. He also stated that precedent has been set by public roads
in other districts.
Mr. Loeffler stated they are limited public roads as described by Mr.
Raggonetti.
Commissioner Phillips asked for clarification from Mr. Roussos. He
stated during his review he understood the roads would be used by the general
public.
Mr. Raggonetti asked the Board if they are I?repared to deny this
vacation. Is the County willins to build and malntain the roads?
commissioner Jolmson ~estloned the public verses private. Game Creek
Club is a private club avallable to its members, friends and associates.
7
Mr. Raggonetti stated Game Creek was not built with any I?ublic funds.
The roads in Bachelor Gulch are being built with limited publlC funds, those
who are part of the district. All the planning factors and the desire of the
members of the district are to limit access and maintain the area. Mr.
Raggonetti stated their intent is clearly to make this a limited public
access road.
Mr. Loeffler stated the next topic, the road vacation, he I?Qinted out
the only absolute prohibition would block any access to an adjolning land
owner.
Mr. Raggonetti stated there is one land owner served under the old
right-of-way who will not have access if vacated. He reminded the Board
there is no public right-of-way to the road.
Chairman Gates asked who owned the adjoining land.
Mr. Ragsonetti responded Vail Associates and or its subsidiaries.
Commissloner Jolmson moved to aI?prove file number G-79-95, Bachelor
Gulch Access with approval once publlC access is assured through the Final
Plat of Lower Bachelor Gulch.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-139-95-F, Lower Bachelor Gulch, Filing #2
Kathy Eastley presented file number PD-139-95-F, Lower Bachelor Gulch,
Filing #2. She stated this was a final plat for twenty nine
primary/secondary lots, four tracts of open space and two tracts of village
core on 263,482 acres. She reviewed the concerns and issues and stated both
fees have now been submitted. The off site collateral in the form of a
Letter of a Credit has not been received.
Ms. Eastley discussed the concerns with wildfire mitigation guidelines
and Peter Jamar stated those issues have been addressed.
Peter Jamar, Jamar and Associates, stated they have met the conditions
placed on the preliminary plat.
Commissioner Johnson stated he reads the intent of public having access
to the public lands and the approval of the vacation and a controlled access
point is important for the concern of wildlife.
Ms. Eastley stated pending approval of the final plat, mylar'S have been
submitted for the construction plans. They have received all of the filing
fees. She is requesting si$I1ature on the mylar'S but withholding recording
until the Letter of Credit lS received.
Discussion continued on the plat.
Commissioner Phillips moved to approve file number PD-139-95-F, Lower
Bachelor Gulch, Filing #2 with the construction mylar'S being submitted to be
signed and a Letter of Credit for the off site collateral and the approval of
the SIA as submitted.
Commissioner Jolmson seconded the motion. The vote was declared
unanimous.
ZS-362-95, Eagle Wings Property
Paul Clarkson, Planner, presented file number ZS-362-95, Eagle Wings
Property. He stated this was an application for a contractor's storage and
auto salvage. The applicant's are proposing to operate and maintain their
trucking and construction business from the 39 acre site pursuant to Section
2.06.01(3)h)5) of the Eagle County Land Use Regulations. The site currently
contains a permitted salvage yard which the applicant proposes to continue to
maintain. At the January 16, 1996 meeting of the Board, Mr. Stutz requested
and additional tablins of the proposal in order to provide time to resolve
the staff identified lssues, particularly the legal issues.
Mr. Stutz reviewed what the applicant has done thus far. He is now
asking for a sixty day extension.
Chairman Gates stated there have been at least three roads through there
and asks what they will do to settle the concerns of the applicant.
Commissioner Johnson moved to table file number ZS-362-95, Eagle Wings
Property to April 16, 1996.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
8
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PD-311-95-A, Blue Ridge POD Amendment
Paul Clarkson presented file number PD-311-95-A, Blue Ridge POD
Amendment. He stated this was an aPI?lication to modify the approved phasing
plan. This was tabled by the Board ln order for the applicant to provide an
updated traffic study. Staff has not received the study at the time of the
writing. The Board also ordered the request to effectively switch the
phasing plan be remanded back to the Planning Commission. The aPI?licant has
subsequently requested withdrawal of that portion of the applicatlon. The
applicant has requested a tabling to March 12, 1996.
Commissioner Phillips moved to table file number PD-311-95-A, Blue Ridge
PUD Amendment, at the applicant's request, to March 12, 1996.
commissioner Jolmson seconded the motion. The vote was declared
unanimous.
PD-330-95-F, Northstar Center
Paul Clarkson presented file number PD-330-95-F, Northstar Center. He
stated this was an application for final plat for a building/home improvement
center with Northstar Lumber as the anchor business. Other businesses
compatible with this theme are plumbing, lishting and electrical, appliances,
furniture, cabinetry, yard and garden supplles. Other types of homeowner
service businesses are encouraged to locate at the site. Two 2-bedroom and
two I-bedroom errployee housing units are included. All the conditions have
been corrplied with. They have received the SIA and the appropriate fees have
been paid. The construction plans are also being submitted for signature as
well as the final plat. Staff is recommending approval with the conditions
as stated.
commissioner Johnson moved to approve final plat file number PD-330-95-
F, Northstar Center including staff's conditions, as well as signature on the
SIA and construction plans.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-293-95-AF5, Cordillera Sub, Filing #16
Kathy Eastley presented file number PD-293-95-AF5, Cordillera
Subdivision, Filing #16, Lots 33, 34 and 35. She stated this was a request
to consider amending the building envelopes. The intent of this amendment is
to allow for an English Style village development. The atmosphere the
developers are seeking is an interconnected pedestrian village with
structures located close to the road to allow for the paths and gardens.
Ms. Eastley stated the expansion of the building envelopes would allow
the structures to be built up to the front property line. This could have
allowed overhangs or protuberances into the road rlght-of-way. The applicant
has provided a letter which states this will not be permitted. Cordillera
will be applying for a POD amendment which will change this allowance in the
PUD Guide.
Lance Badger, representing the applicant, explained their desire to
develop the site so dormers will be seen rather than just two stories. They
would like to start construction on the model home whlch is before the Board
today. They will be coming in with a POD amendment to clarify the site.
Commissioner Johnson questioned the height restrictions and asked if
there is a minimal lot coverage.
Mr. Badger responded yes. He stated they are working with Staff to set
the criteria.
Mr. Loeffler questioned the representation of the DRB. Unless there was
a plat note, you're depending on good graces to prevent the encroachment into
the right-of-way. He suggested they have a plat note.
Ms. Eastley stated Staff has accepted the letter and feels it is
sufficient.
Mr. Badger stated they agreed to do a plat note and all of that will
become mute during the POD amendment. He stated they won't convey the lots
until the homes are built on it. He believes it is protected.
9
Commissioner Jolmson stated the DRB will change over the years. The
letter will not be recorded and may not easily be found.
Ms. Eastley stated it would not be a problem to have a plat note put on
the plat.
Chairman Gates asked about set backs and open space.
Mr. Badger responded the site was met to be interactive and there will
be walkways through lawns and orchards, etc. The whole intent is to create a
community that interacts with itself.
Mr. Badger stated they will sladly include the plat note but asks it be
approved for signature and they wlll resubmit the corrected plat. Mr. Badger
stated they can get the original back here within a few days.
Commissioner Phillips moved to approve file number PD-293-95-AF5,
Cordillera Subdivision, Filing 16, Lots 33, 34 & 35 and authorized the
Chairman to sign the amended plat upon receipt. The plat note discussed will
be included on the plat.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Housing Authority
David Carter, Housing Coordinator, stated the next item on the agenda
was a Housins Authority meeting.
Commissloner Phillips moved to adjourn as the Board of County
Commissioners and reconvene as the Eagle County Housing Authority.
Commissioner Jolmson seconded the motion. The vote was declared
unanimous.
Mr. Carter introduced the manager of Eagle Villas and one of the
residents. Mr. Carter stated the purpose today is to review two proj ects and
the tax credits of these proj ects . One, the Arch Diocese and expanslon of
Eagle Villas Apartments. He reviewed the responsibilities of the authority.
Mr. Carter discussed the dYnamics of the residents at Eagle Villas and
reviewed the rent structure.
Chairman Gates reiterated the Board's concern about housing in Eagle
County.
Eli Petrack stated he moved here to be here with his family and
grandchildren. He stated by living here, he finds the residence both inside
and outside to be very secure. He applauded the inspection efforts and the
meetings on a monthly basis of the tenants. The playgrounds and driveways
are kept irrrnaculate. The clubhouse is also available and was sponsored by
the villas. He has used the clubhouse for his family's use. He believes
there should be more of this tYJ?e of housins in the valley. Mr. Petrack
stated he was invited down and lS here of hlS own volition.
commissioner Johnson stated one of the things he finds most encouraging
is this is a community rather than a housing project. He sees more of a mix
of individuals within this community.
Elizabeth Fillman stated they do have a budget set aside for programs.
She bases her decisions of the needs and desires of the community. They
celebrate holidays and have coloring contests. They have a clean up day
planned with breakfast as well as a picnic in July. She stated they have a
diverse sroup of people from allover and they all set along well.
Chalrman Gates asked about buildins of the addltional units.
Ms. Fillman stated they are proPOslng 77 townhomes to buy.
Mr. Loeffler asked if this project is for units to be sold. The
additional two and three bedroom apartments will be for rent and part of the
tax credit project. The townhornes are in addition to that.
Commissioner Jolmson asked about the increase in rent.
Ms. Fillman stated the rents increased February 15, 1996 but they are
below the maximum allowable rates.
Commissioner Johnson asked Mr. Carter about his statement that this is a
difficult thing to do.
Mr. Carter stated the developer is hoping to make a profit. Some are
for profit and some are not.
Mr. Loeffler asked if the towns have approved these projects.
Mr. Carter stated yes they are supportive of the project. Mr. Carter
stated Eagle Villas is set to go and was approved by the Town of Eagle. The
Gypsum project has not come to a conclusion. He stated the diversity of the
projects provides housing for the various housing groups within Eagle County.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
He stated this is a mid-range project.
Jack Lewis, area resident, stated these projects are certainly needed in
this community and he encourages the Board's support. He stated this fits
into pieces of the pie for Eagle County.
Chairman Gates asked if there is interest in Vail and Avon for
involvement?
Mr. Lewis responded the School Board is very interested in facilitating
errployee housing. They are hoping to work together to put projects in Berry
Creek and elsewhere up valley. They have 80 new teachers who will need
housing next year.
Mr. Carter suggested there be a vote of the housing authority to approve
or deny these two projects.
Commissioner Phillips moved to approve the two projects as defined above
and the Chairman be authorized to sign the appropriate documents.
Commissioner Jolmson seconded the motion. The vote was declared
unanimous.
Mr. Carter asked if the Authority would want to put their signature to
letter of endorsement.
commissioner Phillips believes their support will be noted by the two
documents.
Commissioner Jolmson moved to adjourn as the Housing Authority and
reconvene as the Board of County COmmlssioners.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
SU-339-95-AF3, Remonov Center, Edwards Village Center
Sid Fox, Planning Manager, presented file number SU-339-95-AF3, Remonov
Center, Edwards Village Center. He stated this was a request to consider
amending the final plat. The applicant has applied to the Colorado
Department of Transportation for an access permit to gain access directly
from/onto Highway 6. Easle County is the issuing authority. It has been
determined the Amended Flnal Plat must be approved first because of the
existing plat restriction that prohibits access through Tract F. A traffic
study has been I?repared and submitted with the COOT access permit which
describes trafflc generation characteristics and recommended road
irrprovements.
Mr. Fox stated Staff has been working on this for quite some time and
there has been extensive discussion. Mr. Fox stated there have been many
issues discussed but he wants to address two of those. 1) A determinatlon
of whether the proposed Amended Final Plat is in conformance with previous
zoning approvals, special use permit, (Resolution 86-15). 2) A
determination of whether the on-site and off-site public improvements have
been adequately identified to accommodate the potential development as a
result of this final plat approval. The staff has focused on traffic irrpacts
and associated access improvements as identified in the traffic study.
Mr. Fox reviewed the history of the project as written in Staff's
presentation listed under V, and numbered 1 - 7. Mr. Fox stated the previous
approvals did not contemplate direct access onto Highway 6 and perhaps it is
a good idea in 1996. Mr. Fox believes the intent of limited access onto
Highway 6 is clear.
Mr. Fox reviewed Staff's discussion listed under VI, and numbered 1 and
2. Staff cannot find conformance with the applicable review criteria. The
staff is recommending that this application be tabled or withdrawn pending
submittal of a Special Use Permit Amendment. Upon approval of the Special
Use Permit Amendment, the Amended Final Plat and associated Subdivision and
Off-Site Irrprovements Agreement can be processed.
Rick Mueller, VP Remonov & Co. Inc., reviewed the history from their
recollection and showed it on the map. He believes the property is zoned
commercial general. He stated they signed a Subdivision Irrprovements
Agreement for work that was not done by the previous developer and provided
the appropriate letter of credit. At that time they asked the County if
there were any problems with the property. They were informed there were not,
11
but they were served a surrmons of foreclosure a week later. They resolved
the concerns of the County at that time.
Mr. Mueller stated Slnce then, and working with Phil Scott, they
proceeded. In May of 1995 they learned of a Special Use Permit that was in
effect. He gave a copy of the conceptual guidelines that were submitted with
the Special Use permit. They have reviewed the document and have rearranged
their development to conform to the Special Use Permit and the conceptual
guidelines. Mr. Mueller reviewed this and they have made application for
final plat as access directly onto Highway 6. They have done the appropriate
traffic studies. six months later, however, they still don't have a decision
from the County.
Mr. Mueller stated they have generated no impact to the intersection but
the residential has. Mr. Mueller asked the developer to explain the model
they have brousht with them.
Peter Kollopoulos ~lained the intention of the project and the
environment they are looklng to create. They have tried to recreate a
development within a development. He stated there are three key access
points, two on Edwards Blvd and one on Highway 6. The intersection at
Hishway 6 and Edwards Blvd is eliminated. They have also created their own
guldellnes after studying the Edwards Guidelines. They feel those they
developed not only follow those of the Edwards Town Center but enhances the
develoI?ment so that it becomes a very rich environment. They have mixed uses
includlng banks, restaurants, stores, etc. They have also followed the view
corridors off of Highway 6 both inside and outslde the development. They
feel strongly the original Edwards Town Guidelines are related to and
enhanced by this development.
Mr. Mueller stated they have sold lots 6 & 7 but have irrposed their
design guidelines to maintaln the theme set by Riverwalk. He referred to
their application and exJ;>lained it. He spoke to the map and discussed each
item. He showed access lnto the various parcels and the desire to preserve
the open space. He explained how they have gone from three access points to
two. They are looking for an access through to tract J. Mr. Mueller
discussed tract F and the access to the Fire Station and Ambulance. He
stated they have no legal access to cross their property. Their intent is to
provide them legal access and access onto US 6. Mr. Mueller referred to the
fourteen maps in the conceptual guidelines and the fact access was shown on
11 of the 14 maps in 1985. They are proposing to go along with that access.
He discussed their desire to abandon the lot lines on parcel 3. If that
piece is not part of it, the fire department will have traffic concerns.
They will incorporate that tract into their entire project. They are trying
to eliminate the congestion and make it more in conformance with the
guidelines provided. On tract F they would like to put a buss stop and
within tract T and others there will be drainage, trails, pedestrian access
and utility access. Asain, an enhancement.
They are not looklng for a change in use. They are atterrpting to clean
up the project, vacate lot lines, conform with the guidelines. What they
have planned will promote safety and reduce hazards. They are actually going
to reduce the irrpact of what was approved in the conceptual guidelines.
Lots 6 and 7 were approved last month for an amended final plat. They
are asking for the same thins. They made two lots out of three. They are
trying to reduce the actual lmpact that has already been approved.
Kevin Lindahl, Attorney representing the appllcant, asked the Board's
focus today on what is being asked. He stated this site plan is not being
approved today, it is conceptual. Before hand, they need to amend the I?lat.
He referred to Staff's focus on two issues. The first being the access lssue
and the second being public improvements and off-site access impacts. Mr.
Lindahl reviewed the chronology from his standpoint. He referred to
Resolution 86-15 which was approval of a Special Use permit. He stated the
conceI?tual plan that was presented contemplated direct access onto Highway 6.
Mr. Llndahl argued the conceptual plan was aPI?roved as part of the Special
Use Permit and had they not approved access, lt would certainly have been
stated.
Mr. Lindahl further discussed plat approvals regardins tract F.
Mr. Fox stated the plat note was not carried forward In error.
Mr. Lindahl disagreed. They are not asking for approval today for
access onto Highway 6, that will come in time. What they are asking for
today is approval of this amended final plat. Access onto Highway 6 would be
12
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
applied for when they get their building permit.
Mr. Loeffler asked if the intent of this plat would remove any access to
Highway 6 from tract F.
Mr. Lindahl asked Mr. Fox if the purpose was to prohibit access. What
their plan contemplates is limited in and out. They are using a town center
concept which eliminates the separate parking and accesses into and out of
each building.
Mr. Loeffler questioned the site plan.
Mr. Mueller stated until they get the access they can not finish the
site plan. Access and lot line vacation are both issues that must be
resolved first. The other major issue is the conterrplation of public
irrprovements which they will not know until the site plan is corrplete. At
that point they can look at what is needed to mitigate the impacts. They are
here to be a partner with the County and the other developers but they don't
want to be the last guy in to clean up the problems before.
Mr. Lindahl referred to the Dolan case and the assessment of impacts.
Mr. Loeffler questioned Mr. Lindahl's statement. He understood them to
be prepared to enter into an SIA to address the irrpacts.
Mr. Lindahl stated they will apply for a building permit and at that
time they will get a site plan agreement and discuss construction
irrprovements then.
Mr. Loeffler asked about a plat note. He explained what they are doing
is removing one lot, eliminating one lot and expressing the removal on Tract
F which staff contends still bears an enforceable restriction onto Highway 6.
The access to the upper lot is one of the changes on the plan.
Commissioner Johnson asked if they were to approve this amendment to
this final plat that it would require an SIA and be done prior to a building
permit being issued.
Mr. Loeffler is not sure if it is a good way to resolve this.
Sid Fox explained they have processes to deal with the issues raised
here. Zoning and the issue of public irrprovements. Staff has recommended
the applicant enter the County processes but the applicant has decided not to
do that. He stated they have no site plan and questioned how can he
understand its conformance.
Commissioner Johnson asked for clarification of the plat note.
Mr. Loeffler responded it would happen at the building permit stage. He
stated it is limited in scope.
Commissioner Jolmson asked if they were to look at a plat note they
would want off-site as well as on-site improvements dealt with.
Mr. Lindahl stated there is no SIA because the property is already
legally subdivided. Mr. Lindahl stated they cannot construct more than what
was approved by 86-15.
Mr. Loeffler stated the building may have greater impacts.
Terrill Knight, Knight Planning, stated they are getting far away from
the request. There is a final plat on this lot and they can apply and have
permits issued. The site plan follows that general concept. He referred to
the Riverwalk concept and stated this makes for a quality plan. What they
are trying to do is to conform with the changes that have taken place since
the Special Use permit was granted. To move to the next step they have to
have the restrictions taken off. That is what they are here for today. They
are trying to create a corrprehensive plan. The first step is getting the
plat approved. He discussed the improvements they are conterrplating.
commissioner Johnson asked for clarification on the plat note.
Mr. Fox responded a specific plat note was dropped off when Stop & Save
was approved. There is a land use regulation on Tract F which does not allow
for access. They are adding access for Tract F.
Commissioner Phillips asked if there has been consideration of a
Frontage Road.
Mr. Mueller stated they are trying to develop a road system within the
subdivision itself.
Jim Kunkel, County Surveyor, stated he has worked on the surveying and
engineering aspects of this project. Their approach has been to provide
access off of Highway 6 and eliminate some of the lot lines. They submitted
an access permit across Rick's property but were informed by Staff they
13
couldn't process the permit because access across the land was not permitted.
Staff informed them they needed an amended final plat. He stated he is
beginning to feel like Kafka's castle with all the roads leading away. They
did not submit public irrprovements or an SIA because this particular site has
no irrpacts. They are not changing the use. They are tryins to amend the
plat so they can deal with the irrpacts as they exist today ln a more rational
way. Mr. Kunkel again stated there are no additional impacts.
George Roussos, County Engineer, stated once the restriction is removed
they will process the pemt application with two conditions. One would be
an lmprovement of the level of service on Highway 6. There are in fact off-
site road i~acts because of this specific development.
Commissloner Johnson asked Mr. Roussos about the traffic study.
Mr. Roussos stated they have reviewed it and they have contacted those
doing the traffic study.
Phil Scott, Engineering Technician, stated a right in right out only
would not hinder the traffic but enhance it. The growth rate does need to be
modified and they have reviewed the growth rate information.
Mr. Loeffler asked if this study took into consideration the impact of
moving tract 11 to where it would be.
Mr. Scott responded no.
Mr. Fox stated he keeps asking himself if this is the plan presented in
1985. This may be a better plan, but is it what was approved.
Mr. Loeffler asked if this would be easier to contemplate at building
permit time rather than now.
Mr. Fox referred to the 1985 Special Use permit and a letter from Robert
Warner and the I?roPOsals made at that time. He reviewed comments made by the
Board at that tlme. He does not think this is what was approved but perhaps
its a better plan. Mr. Fox stated the Board was presented a plan at that
time.
Commissioner Phillips believes this to be a better plan and thinks if
the amendment makes the plan better, why are they arguing. They have
eliminated one of the accesses and they are addressing the off-site impacts.
Mr. Fox responded the point is well taken but there is no commitment to
make it better.
Commissioner Johnson stated he understands the applicant1s hesitancy
regarding the plat note. He also understands their concern that more may be
asked for than what the impacts are. He does believe if they are to approve
an amended final plat there should be a note included.
Phil Scott stated this is the second of two traffic studies. There are
going to be substantial improvements required as a result of the traffic
study. He wants to make sure that the County still has the ability to
mitigate or have mitigated the irrpacts. Mr. Scott stated he has seen the
traffic study and knows it inside and out. There are some teclmical
discrepancies that can be taken care of.
Mr. Loeffler asked if these would be conditional to the approval of an
access permit. These irrprovements would go beyond what is there now and well
off of the highway right-of-way.
Mr. Mueller stated they are discussing an issue which can be taken care
of at the building permit tlme. Their application is not for the access
permit but to move them towards that result. At that point they will know if
they can do this development.
Mr. Loeffler suggested there may not be a single agreement at this time,
but there might be a combination.
Mr. Fox stated to the extent the County can get irrprovements to the
County road, they are in pretty good shape.
Mr. Roussos stated if the applicant does not apply for the access permit
there will still be off-site improvements needed for this project.
Mr. Kunkel stated if they don't have access to Highway 6, they are back
to square one. There are off-site improvements that should have happened
long ago, but this application has no bearing on that. Once they receive a
response to the letter that went out today and if this is approved they can
proceed with the access permit.
Mr. Scott explained his vision of the traffic study.
Chairman Gates stated he does not have the answers that he wants to
hear.
commissioner Jolmson stated the question in his mind is whether this
amendment improves this parcel as well as the irrpacts of the adjacent
14
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
I?arcels . He is hearing from the engineering department this amendment will
lmprove the parcel. The applicant could pull a building permit today without
making any improvements.
COmmlssioner Johnson moved to approve file number SU-339-95-AF3,
Remonov Center, Edwards Village Center.
commissioner Phillips stated she would have made that motion but
questions conditions.
commissioner Johnson stated they can't have a condition unless they are
talking about a plat note.
Mr. Fox stated the plat is not ready for signature but they are looking
for direction and will prepare the plat accordingly.
Keith Montag, Community Development Director, stated they had reached a
point with the applicant where they needed direction form the Board. That is
the reason for the scheduling.
commissioner Jolmson withdrew the motion as there is nothins to sign.
Mr. Mueller stated they do have a plat which is ready for slgnature.
Mr. Loeffler stated it has not been reviewed by the Attorney's office.
He thinks the Board can aI?prove the application and they will return for
signature. In the criterla they would find it to be consistent.
Commissioner Jolmson moved to approve the amendment to the final plat
with the condition it is reviewed by the Attorney's office and readied for
signature.
Commissioner Phillips seconded the motion. commissioners Phillips and
Jolmson voting yes and Chairman Gates voting no.
There being no further business to be brought before the Board the
meeting was adjourned until February 26, 1996.
Attest:
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15