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HomeMy WebLinkAboutMinutes 03/19/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 19, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Sara J. Fisher James E. Fritze Chairman Corrmissioner corrmissioner Clerk to the Board County Attorney This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Plat & Resolution Signing SM-1029-96-Eagle Vail Filing 2, Lot 46, Block 1. This is a minor Type B subdivision, a resubdivision of Lot 46 to create Lots 46A and 46B. 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 Phillips moved to approve SM-1029-96, Eagle Vail Filing 2, Lot 46, Block 1. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. PD-lOO-95-F, Bachelor Gulch Village Kathy Eastley, Planning Technician, presented file number PD-100-95-F, Bachelor Gulch Village, Filing #1. She stated this was a request for a final plat of 561,605 acres for 47 primary/secondary lots, 9 tracts of o~en space, roads and utilities. Ms. Eastley stated the preliminary plan condltions have been met. A Subdivision Improvements Agreement has been signed. Staff is recorrmending approval of the final plat. Commissioner Phillips asked what the amount for the wildlife mitigation plan was? Peter Jamar, Jamar and Associates, stated a wildlife mitigation deal was entered into with the Division Of Wildlife and a study is being conducted by CSU. He does not remember the exact amount but believes it to be between $360,000 and $400,000. That was one piece. Corrmissioner Phillips asked about cash contributions. Mr. Jamar stated there is a per unit fee. Commissioner Johnson moved to approve file number PD-100-95-F, Bachelor Gulch Village, Filin;J #1 including the SIA and the construction plan. Corrmissioner Phlllips seconded the motion. The vote was declared unanimous. PD-108-96-AF1, BerJ:Y Creek Ranch Pattie Haefeli, Planning Technician, presented file number PD-108-96- API, Berry Creek Ranch, Filing 4, Lot 22, Block 1. She stated this was a request to consider vacating a portion of a road maintenance easement. Staff recommended approval. Commissioner Phillips moved to approve file number PD-108-96-AF1, Berry Creek Ranch, Filing 4, Lot 22, Block 1. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. PD-296-95-F2, Cordillera Valley Club Kathy Eastley presented file number PD-296-95-F2, Cordillera Valley Club, Filing 4, resubdivision of Tract U. She stated this was a request for final plat for 17 single family lots. They are also leaving one and one half acres for future development. A Subdivision Improvements Agreement has been 1 prepared for this file. All fees have been collected. Construction mylars are bein;J submitted for signature as well. Chalrman Gates asked about the acres being held out for future development. Ms. Eastley responded this is for a portion of the development at this time. commissioner Johnson moved to approve file number PD-296-95-F2, Cordillera Valley Club, Filing 4, resubdivision of Tract U authorizing the Chairman to sign the SIA and the associated mylars of construction plans. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. SE-320-96, Reynolds Exemption, Parcel 2 Kathy Eastley presented file number SE-320-96, Reynolds Exemption, Parcel 2. She stated this was a request to consider a subdivision exeITl!?tion for a .821 acre parcel which has existed since 1983. This is just outslde of the Town of ~sum borders. The intent of this is to legalize a parcel that has been subdlvided since 1983. To the west of this parcel is the exemption parcell. The zoning is rural. Staff is recorrmending approval of the exemption. Chairman Gates asked about road maintenance and who is doing it now? Ms. Eastley stated part of the right-of-way is on cemetery property. Legal access is in place but she's not sure who maintains it. She stated there was direction given to look into annexation. The residents there are satisfied with the services they are getting and do not desire annexation at this time. Commissioner Phillips moved to approve file number SE-320-96, Reynolds Exemption, Parcel 2. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. ZC-271-95, Spring Creek Paul Clarkson, Planner, presented file number ZC-271-95, Spring Creek. He stated this was a request to consider a zone change from Resource to Agricultural Residential. The site is one and one half miles south on Spring Creek Road. There is a companion file currently being reviewed by staff. The issues staff has identified are being resolved and the plat should be scheduled within the next couple of weeks. The site is within the County wide designation within the Eagle County Master Plan. The Open Space plan does find this in conflict with the DOW but things are being resolved through the final plat process. The issues identified by staff and the referral agencies are regarding the subdivision and not the rezoning and are being resolved through the subdivision process. Staff is recommending approval. Tom Zankanella, applicant, was present to speak to any concerns the Board may have. Chalrman Gates asked for clarification on the map. Ms. Eastley stated this is directly adjacent to Gerry Best's property. Tom Zankanello introduced himself and showed the property on the map. There are two other properties. The surrounding property is BLM. Most sections have been changed to AR. Chairman Gates asked about water and water rights. Mr. Zankanello responded there is an exempt domestic well which is permitted and is capable of serving up to three units. The spring is up on BLM property and this property has no interest in that. Chairman Gates asked who the surrounding property owners are. Mr. Clarkson stated Mark Becker owns the log operation but that is farther down. Air Dry systems is up there as well. Commissioner Phillips moved to approve file number ZC-271-95, Spring Creek. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 G-82-95, Polar Star Vacation Commissioner Phillips stated she would step down for this next matter due to a conflict of interest as this encompasses her home. George Roussos, County Engineer, presented file number G-82-95, Polar Star Vacation. He made a correction for the record. He stated this was a request for reducing the right-of-way for a portion of Polar Star Drive from 80 feet to 60 feet. What that will do is provide for a uniform right of way for the upper portion. Staff is recommending approval. Two written res~onses were received. PTI has no concerns and related they can maintain thelr interest in the future. The Town of Eagle stated narrowing might cause a problem in the future if they are going to put in sidewalks and bike paths. We will reserve an easement for PTI to repair the lines. Chairman Gates asked if in the future that would be included in the easement. Mr. Roussos further explained. Commissioner Johnson questioned what a sufficient easement is? Mr. Roussos responded the 60 foot right of way is adequate to provide for future needs. Commissioner Johnson asked if they need to reserve and easement sufficient for PTI's maintenance and enforcement needs. Mr. Roussos responded it is conceivable a home owner might not allow them on the portion outside the easement. It is his intention to vacate and preserve the right for PTI to maintain the existing line. Commissioner Johnson stated they are asked to reserve an easement for PTI but they are not saying what that easement is. Commissioner Phillips, speaking from the audience, stated it was understood and agreed to by the easement holders where the line lies now. They all understood that it would be within the easement where it lies now for maintenance. This is an effort to correct the plat. Commissioner Johnson stated he doesn't want to preserve the easement without knowing what it is. Mary Jo Berenato, Deputy County Attorney, stated the reserved easement will be for the additional 20 feet because the current easement is 80 feet. She stated we'll reserve where we can but that is within the 80 feet but other than that, they would have to go to the individual homeowners. Commissioner Johnson clarified not wanting the homeowners to be faced with the problem. Commissioner Johnson moved to approve file number G-82-95, Polar Star Vacation, with an easement reservation. Chairman Gates seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Corrmissioner Phillips abstained. 1041-037-96, Cordillera PUO/Bearden Parcel Sid Fox, Planning Manager, presented file number 1041-037096, Cordillera PUD/Bearden Parcel, completeness hearing. He stated the purpose of this hearing is to determine completeness of a 1041 Permit application and estimate fees. They are preparing to hear the preliminary plan. Staff is recommending the Board find the 1041 complete. The fee will be paid in the amount of $1790.00 in the near future. Chairman Gates asked about location. Lance Badger, representing the applicant, stated the development is up above but this does extend to the creek. They will clean up the landscaping down in the valley but there will be no development. Commissioner Phillips moved to accept file number 1041-037-96, Cordillera PUO/Bearden Parcel as complete. The fees shall be estimated at $1790.00. Corrmissioner Johnson seconded the motion. In discussion, corrmissioner Johnson reminded the applicant the fee lS an estimate and may be more. Chairman Gates called for the question on the motion. The vote was declared unanimous. 3 SU-339-95-AF4, Edwards Village Center, Lots 6 & 7 Sid Fox, Planning Manager, presented file number SU-339-95-AF4, Edwards Village Center, Lots 6 & 7 stating the applicant has requested this be withdrawn at this time. The Board concurred. There being no further business to be brought before the Board the meeting was adjourned until March 25, 1996. Attest: c::: q.~~ d~.<-- Ac.A3' J~ 4