Loading...
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 1 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 2 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. 3 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 4 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. 5 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 6 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. 10 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: C ~,LI,/~/ 15