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HomeMy WebLinkAboutMinutes 05/14/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 14, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Earlene Roach Chairman Commissioner commissioner Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: PD-108-96-A, Berry Creek, Filing 2 Ellie Caryl, Planning Technician, presented file number PD-I08-96-A, Berry Creek PUD Amendment, Lots 5, 6 & 7, Block 4, Filing 2, and amend the PUD Guide for Filings 1, 2, 3 & 4. She stated this was a request to amend the PUD. She stated the purpose was to construct a one story community center and to combine the PUD Guides for Filin$"s 1, 2, 3 & 4. Staff recommended approval with the following conditlons: 1) Submit with the building permit application; a) final draft of the Use Guidelines for the Community Center that identifies a maximum building capacity of 150 persons b) a revised site plan that; 1) defines the final access drive from Stetson Drive onto the property 2) denotes parking is not allowed on Berry Creek Road and Stetson Drive for this use 3) shows location of outdoor lighting and indicates that lighting will shine downward and not toward any adjacent residence. The applicant is encouraged to limit the amount of outdoor lighting on-site to only what is necessary for safe site and building access) 4) details landscaping types, size locations and amounts and includes some additional year round screening type landscaping adjacent to the parking lot boundaries, indicates that parking will be paved and striped 5) depicts where trash containers will be located that will not remove parking space. 2) Improvements identified as necessary through analysis of the traffic study submitted by the applicant shall be installed prlor to occupancy of the community center. The Planning Commission recorrmended approval with the same conditions as Staff. Commissioner Johnson asked about the change in condition number IB1. Ms. Caryl stated condition number two remains the same. She stated at this point it is more a technical review. Terrill Knight, Knight Planning, introduced Adele Williams, Chairman of the Berry Creek Metropolitan Board. Ms. Williams stated from the beginning the Board has given 100% approval. The goal was to develop a place to cover all community residents. She stated there were only two complaints, access on Stetson Drive and no glaring lights. Those two complaints have been resolved. Rick Dominick, Morter and Associates, explained the site plan to the Board. He discussed the lighting system. Mr. Knight stated they are in agreement with Staff concerning a revised site plan. He stated all but one issue has been resolved. He continued to review Staff recommendations. He requested a waiver of the traffic study but related if the Board believes it necessary it will be done. Commissioner Johnson stated the intensity of traffic has been shown. Ms. Caryl stated the Engineering Department has related there were omissions in the traffic analysis submitted and would like to see a traffic study before there is additional traffic on Berry Creek Road. 1 commissioner Phillips asked if the traffic study discussion could wait until the next step in the process. She reiterated this was a community effort. Burt McColl, resident and Board member, stated Berry Creek is the main road into the community. He stated the impact is minimal and related the golf course has not created any problems. Commissioner Johnson asked about the speed limit on Berry Creek Road. Mr. McColl stated the speed limit is 15 miles per hour, 35 miles per hour and 25 miles per hour depending on which part of the road you are on. Mary Cope, resident of Berry Creek, stated the community center is fully paid for, available through a bond financing. She stated there are no negative comments from any of the residents. She stated Berry Creek Metropolitan District has been concerned with safety on Berry Creek Road, which is the reason the guard rail was installed. Mike Gruber, Engineering Technician, stated on initial review he analyzed the impacts, which meant looking at traffic volumes. He stated this road has high volumes including future build-out. He stated the analysis determined accell/decell lanes would be needed, reaction times need to be considered along with stopping distances. He believes a separate traffic study needs to be submitted. Phil Scott, Engineering Technician, stated there will be a vehicle up and down that road every eight seconds. He spoke to reaction times. He stated the concern is the amount of traffic at build-out. Commissioner Phillips moved to approve file number PD-I08-96-A, Berry Creek PUD Amendment, Lots 5, 6 & 7, incorporating Staff recommendations and conditions as stated. A traffic study shall be submitted at building permit. Commissioner Johnson seconded the motion. In discussion, commissioner Johnson questioned the letter from the Engineers. Chairman Gates called for the question on the motion. The vote was declared unanimous. PD-108-96-AF2, Berry Creek, Final Plat Ellie Caryl presented file number PD-108-96-AF2, Amended Final Plat, Lots 5, 6, 7, Tract K, Filing 2, Block 4. She stated this was a request to amend the Filing 2 Final Plat. Staff recommended approval with the same conditions as stated above. Commissioner Johnson moved to approve file number PD-108-96-AF2, Amended Final Plat, incorporating Staff findings and conditions. Commissioner Phillips seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Kathy Eastley, Planning Technician, presented the following plats and resolutions to be approved and signed by the Board: SM-1030-96. Berry Creek Ranch, Filing 4, Block 2, Lot 10. She stated this was a Minor Type B Subdivision, a resubdivision of Lot 10 to create lots lOA and lOB. The current zoning is PUD Duplex and the plat does contain a Duplex Split Caveat. Commissioner Phillips moved to approve final plat file number SM-I030- 95, Berry Creek Ranch. Commissioner Johnson seconded the motion. The vote was declared unanimous. SM-1034-96, Riverwalk at Edwards, Phase 4. She stated this is a Minor Type B Subdivision, a resubdivision of Tract A to create lots 4 and 5 as well as 14,849 acres of future development. commissioner Johnson moved to approve final plat file number SM-1034-96, Riverwalk at Edwards, Phase 4. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 96-55, PD-347-95-S, Two Rivers R.V. Park. She stated this is a resolution for approval with conditions, for a PUD Sketch Plan for a mixed 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 use recreational/commercial facility located in Dotsero. She stated this application was presented to the Board on April 13, 1996. Commissioner Phillips moved to approve Resolution 96-55, file number PD-347-95-S, Two Rivers R.V. Park. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 96-56, file number Z-273-96, Grant-Smith. She stated this is a resolution for approval of a Zone District Amendment, from Resource and Residential Suburban Medium Density to A$"ricultural Residential and Residential Suburban Medium Density. ThlS application was presented to the Board on April 30, 1996. Commissioner Phillips moved to approve Resolution 96-56 file number ZS- 273-96, Grant-Smith. Chairman Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson abstained. Resolution 96-57, file number PD-340-95-S, Fox Run Meadows. She stated this is a resolution for approval with conditions of a Sketch Plan of 26 lots containing 33 dwelling units. This application was presented to the Board on April 30, 1996. commissioner Phillips moved to approve Resolution 96-57, file number PD- 340-95-S. Chairman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Commissioner Johnson abstained. Resolution 96-58, file number PD-139-96, Arrowhead Village Conceptual Plan. She stated this was a resolution for approval with conditions for a Development Area Plan in accordance with the Amended and Restated Guide to the PUD Plan. This application was presented to the Board on April 30, 1996. Commissioner Phillips moved to approve Resolution 96-58, file number PD- 139-96, Arrowhead Village Conceptual Plan. Chairman Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson abstained. Resolution 96-59, file number 1041-037-96, Squaw Creek Metropolitan District and Upper Eagle Valley Consolidated Sanitation District. She stated this is a resolution for approval of an extension of wastewater collection and to serve the Bearden Parcel in the Cordillera Subdivision. This application was presented to the Board on April 30, 1996. Commissioner Phillips moved to approve Resolution 96-59, file number 1041-037-96, Squaw Creek Metropolitan District and Upper Eagle Valley Consolidated Sanitation District. Chairman Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Corrmissioner Johnson abstained. Resolution 96-60, file number ZS-232-96-A, Edwards Plaza, Lot 2. She stated this was a resolution for the approval with conditions of an Amended Special Use Permit for site plan review of a Commercial General Lot. This application was presented to the Board on April 30, 1996. Commissioner Phillips moved to approve Resolution 96-60, file number ZS- 232-96-A, Edwards Plaza, Lot 2. Chairman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Corrmissioner Johnson abstained. SE-321-96, Newman Exemption Kathy Eastley presented file number SE-321-96, Newman Exemption. She stated this was a request for an exemption plat. Staff recommended approval. She stated the reason for this application is to legalize this lot. The current zoning is Resource, which does allow for one single family dwelling. She read Staff findings for the Board. Commissioner Johnson moved to approve file number SE-321-96, Newman Exemption, incorporating Staff findings. 3 commissioner Phillips seconded the motion. The vote was declared unanimous. PD-254-95-AF2, Oolorow Patti Haefeli, Planning Technician, presented file number PD-254-95-AF2, Colorow at Squaw Creek, Lot 12. She stated this was a re<;IUest for an amended final plat. She stated the ap~licant is moving the buildlng envelope closer to the road. She read Staff flndings for the Board. Staff recommended approval. Commissioner Phillips moved to approve file number PD-254-95-AF-2, Colorow at Squaw Creek, Lot 12, incorporating Staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. ZS-362-95, Eagle Wings Property-Cooley Mesa Paul Clarkson, Planner, presented file number ZS-362-95, Eagle Wings Property-Cooley Mesa. He stated this was a request for a contractor's storage and auto salvage. He stated this property is accessed from Cooley Mesa Road and LaGrow Road, which is a private road. He stated there is a current salvage yard permit on this site which the applicant does intend to maintain. Mr. Clarkson gave background information of the site to the Board. The Planning Commission was unable to approve the application in November 1995 as at that time the applicant was unable to demonstrate access. Staff recommended approval with conditions: 1) the applicant is responsible for the completion of the road improvements as approved by the County Engineer. A Professional Engineer licensed to practice in Colorado must certify the road work has been constructed in accordance with the access schematic and the appropriate standards for roadways contained in the Land Use Regulations and the sub- grade is adequate to support the anticipated traffic loads. All notes and indications on the access schematic dated 05-13-96 shall be complied with by the applicant. 2) Adequate evidence of the issuance of a legal well permit shall be submitted to staff no later than December 31, 1996. 3) The applicant shall comply with the County Extension Office's suggested procedures for reseeding and weed control. 4) All of the conditions of the previous Special Use Permits as listed in Resolutions 83-40 and 86-13 shall remain in full force and effect. Chairman Gates questioned watering of the road. Clark Ewing, applicant, stated watering and mag-chloride have been applied to the road recently. Mr. Clarkson stated up until two weeks ago the applicant has not had the legal right to use the road. Commissioner Phillips asked if this road was the main source of dust. Karen Carthy, adjacent land owner, stated there is a lot of dust on the road. The applicant has watered the road more frequently in the last few weeks. She stated yes this road is the main source of dust. She asked about the alignment of the road. She asked about a date in accordance with weed control. Ms. Carthy stated if the road is completed in a timely manner she would have no problems and suggested there be a completion date. Mr. Clarkson suggested the Board ask the ap~licant to have the weed problem controlled by a certain date but it is hls belief the applicant would like to start on the road immediately. Mr. Ewing stated the road will be completed by the end of June. Commissioner Phillips moved to ap~rove file number ZS-362-95, Eagle Wings Property-Cooley Mesa, incorporatlng Staff findings and conditions. The road and weed problem shall be completed by the end of June. commissioner Johnson seconded the motlon. In discussion, commissioner Johnson stated he believed the Board could not approve this application until legal water has been supplied. Mr. Clarkson stated Staff is confident, after speaking with the water Attorney, le$"al water will be supplied. Commissloner Phillips stated legal water has been shown. Mary Ewing, applicant, stated water has been shown, an Attorney has been hired and reiterated the completion date of December 31, 1996. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mary Jo Berenato, Deputy COtmty Attorney, asked if the applicant had something in writing from the Divislon of Water Resources. Ms. Ewing answered no. Eileen LaGrow, applicant, stated she deeded enough water to the Ewing's for two households. Discussion continued on the motion. Chairman Gates called for the question on the motion. commissioners Gates and Phillips voting yes, Commissioner Johnson voting no. SSA-01-96, Town of Eagle Ray Merry, Environmental Health Officer, presented file number SSA-Ol- 96, site approval for construction of a new Town of Eagle waste water treatment plant. Dave Myers and Willie Powell are present at this hearing. He stated some of the service area plans include areas up Brush Creek and along the Eagle River. The Board has an option to sign the state ap~lication form either with or without corrments, or the Board may recommend denlal. Staff recommended approval. Willie Powell, Town of Eagle Manager, stated the Town is planning the new waste water treatment facility and ending the life of the current facility. He stated the Town will build a new site doubling the current facility. He stated the new plant will meet all County and State regulations. He related the Eagle Corrmunity Plan projects the area will grow from 2.8% to 5.5%. He stated the new plant life is somewhere between ten to twenty years. This new plant will be expandable. commissioner Phillips asked when the new plant will be usable. Mr. Powell stated the final completion date is somewhere in the third quarter of 1997. Mr. Merry stated the purpose of the 201 Plan is to assure municipalities look for different plans. Commissioner Johnson moved to approve file number SSA-01-96, site approval for construction of a new Town of Eagle waster water treatment plant with the recommended ap~roval box being checked. Commissioner Philllps seconded the motion. The vote was declared unanimous. ZS-382-96, El Jebel MObile Heme Park Paul Clarkson ~resented file number ZS-382-96, EI Jebel Mobile Home Park. He stated thls was a request for a Special Use Permit to add six new mobile home spaces. Tom Boni, Knight Planning, pointed out on a map the location of the Mobile Home Park. He stated the applicant is lookin$ at consolidating the park into the lava hillside. He stated the landscaplng proposed creates a much better site for the mobile homes. Terrill Knight, Knight Planning, stated various things have developed In that area and the Crawford family decided a Master Plan was needed. He stated the Roaring Fork Valley Planning commission are very supportive of the proposed Master Plan. Mr. Knight stated they are working with the County Road and Bridge Department for shop s~ace. Mr. Boni explained the site speclfics to the Board. Mobile home spaces range from 6,000 to 9,600 square feet. All spaces require ten foot set backs. Commissioner Johnson asked if the applicant was requesting the Board waive the ten foot set back requirement. Mr. Boni answered yes. He stated one of the successes of the EI Jebel Mobile home ~ark is management. Commissloner Johnson asked about the set backs. Mr. Boni stated there will be seventy to eighty feet between each mobile home, but the set back will be four feet. Chairman Gates asked about lot coverage, and the lots are actually not going to be covered any more than ri$ht now. Noel Crawford, applicant, explalned the adjacent property to the Board. Chairman Gates stated there were at least three or four dogs at some of 5 the trailers. Mr. Crawford stated there is still a dog problem, which they are trying to get a hold of. Mr. Clarkson read Staff findings for the Board. Staff recommended approval with the following conditions: 1) The County Engineer's concerns as outlined in the April 15, 1996 memorandum shall be addressed. 2) The applicant shall obtain written statements from the water and sewer provider and the Basalt and Rural Fire Protection District. 3) An adequate grading and drainage plan prepared by a professional engineer shall be submitted for review. Robert Loeffler, Ass't. County Attorney, asked about the set back issue. Mr. Clarkson answered, due to the site design, the set backs are well in line with the lot size. Mr. Loeffler questioned fire codes which may affect the set backs. Mr. Clarkson stated they are dealing more with building codes rather than fire codes. Mr. Knight stated the Fire District is more concerned with the distance between mobile homes rather than lot lines. Mr. Loeffler asked Staff how the set backs can be waived. Mr. Clarkson stated Ms. Berenato concurred the Land Use Regulations are sometimes getting in the way of good land planning. Keith Montag, Director of Community Development, referred to Section 2.24.01 of the Eagle County Land Use Regulations, and the subdivision process. Mr. Loeffler stated the Board must find some basis for waiving a part of the Eagle County Land Use Regulations. He stated the regulations for mobile home parks are explicit and do not suggest possible waivers. commissioner Johnson questioned why the Board cannot use section 2.24.01.2 to waive the requirements for this mobile home park. He stated there was an application a year and a half ago placing a propane tank on a parcel of land. At that time the Board made a decision it was subdividing the land. He stated this application does sound like it is a subdivision. Mr. Loeffler stated he would hesitate to make that kind of leap, but if the Board agrees with the concept, they approve step one to allow the applicant to move on to step 2. Commissioner Phillips asked if the lots were going to be sold. Mr. Crawford stated they are just making room for additional trailer spaces. Commissioner Phillips moved to approve ZS-382-96, EI Jebel Mobile Home Park, incorporating Staff findings and conditions. Commissioner Johnson seconded the motion. In discussion, commissioner Johnson asked if at the second stage the Board would determine if the possible waiver of set back would occur. Mr. Loeffler stated it can happen at the second stage. Chairman Gates called for the question on the motion. The vote was declared unanimous. Eagle County Air Tenninal Chairman Gates stated the next item on the a$"enda was the organizational meeting of the Eagle County Air Terminal Corporatlon. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Loeffler stated it is appropriate to designate a Chairman and a secretary and instruct the Clerk's Office to maintain a record. Commissioner Phillips moved to appoint Chairman Gates as the Chairman of the Eagle County Air Terminal Corporation. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to designate Earlene Roach to serve as secretary for this meeting. Commissioner Phillips seconded the motion. The vote was declared unanimous. Jack Gardner, Hogan and Hartson, stated certain documents have been 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'$ 387869 prepared for this organizational meeting, including a draft of minutes which will serve as a guideline for this organizational meeting. The Corporation was formed on April 24, 1996 which is the date the corporation documents were filed with the Secretary of State's Office. He stated the first order of business is the formal approval of the Board of Directors. commissioner Johnson moved to accept the Articles of Incorporation as accepted by the Board a couple of weeks ago. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Gardner stated the next step is to ratify the acts of Mr. Fritze as incorporator of the Co~ration. Commissioner Philllps moved to approve the acts of County Attorney in the formation of the corporation on April 24, 1996. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Gardner stated the next ste~ is to approve the by-laws of the corporation as discussed in the meetlng of April 23, 1996. He stated there are two vacancies which will be filled by the Board of County Commissioners in the future. He stated the officers are president, chairman of the board, secretary, treasurer. Mr. Gardner stated the Airport Manager is non -voting, the Cornmlssioners are voting. commissioner Phillips moved to approve the by-laws of the corporation. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson asked about the changes. He stated he would like terms set in the by-laws. Mr. Gardner stated there were none. Chairman Gates called for the question on the motion. The vote was declared unanimous. Mr. Gardner stated the next item is to approve the corporate seal for the organization. Corrmissioner Johnson moved to accept the corporate seal as presented by Mr. Gardner. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Gardner stated the next item is appointment of officers. He stated in order to be an officer of the corporation they do not have to be a director of the corporation. Commissioner Johnson moved to appoint Jim Elwood as president. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to appoint Jim Hartman as vice president and secretary. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to appoint Karen Treasurer and Public Trustee as treasurer of the Commissioner Phillips seconded the motion. unanimous. Commissioner Phillips moved to nominate Bob Loeffler as ass't secretary. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Gardner stated the next item was a general resolution of appointment for banking relationships. This resolution enables the officers to select a bank for the corporation. Commissioner Phillips moved to authorize the Treasurer, Karen Sheaffer to select a bank. All officers appointed today will be authorized to sign the checks in the absence of others. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Gardner stated the Resolution was to appoint other officers to sign checks, not just the treasurer. Commissioner Johnson moved the fiscal year will commence January 1 and end on December 31 of each calendar year. Commissioner Phillips seconded the motion. The vote was declared Shaeffer, Eagle County corporation. The vote was declared 7 unanimous. Commissioner Phillips moved the Eagle County Administration Building be designated as the legal posting place. Commissioner Johnson seconded the motion. The vote was declared unanlmous. Commissioner Johnson moved to approve the declaration of intent for capital expenditures. Commissioner Phillips seconded the motion. The vote was declared unanimous. Allen Sartin, Finance Director, stated one of the actions will be the adoption of a trustee to carry out the indenture agreement. Mr. Sartin recommended Colorado National Bank be selected for further investigation. He stated this bank has the best interest rates and has worked with the County in the past. Commissioner Phillips moved to designate Colorado National Bank as the indenture trustee. commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Fritze stated Mr. Sartin is contemplatin$ the selection of a bookkeeper and legal counsel and for the corporatlon. Mr. Sartin asked the directors hold time open every week for the signing of documents and such until about July. Mr. Gardner stated the by-laws approved today allow the president to schedule meetings. Commissioner Johnson designated Monday, May 20, 1996, 1996 at 4:00 p.m. as the next meeting of the corporation. Mr. Elwood stated the selection committee met and received five proposals from companies with a history of airport construction. He stated those businesses made very strong proposals. Hazelton, Shaw and Colorado First were selected to proceed through the next phase. The committee selected Shaw Construction. Commissioner Johnson moved to adjourn. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to reconvene as Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanlmous. Chairman Gates stated the meeting reconvened for additional hearing, but there would be public hearing at a later date. Steve Larsen, attorney for Jet Center, questioned the composition of the Board of Directors and the Board of County Commissioners, when two other members were appointed. commissioner Johnson stated the positions would be advertised and applications accepted for the position. Chairman Gates stated the time frame would be the middle of June. Scott Miller, Ea$le Valley Enterprise, asked about voting members. He asked if the two appolntees are voting members. Commissioner Johnson stated there are five voting members and one non- voting member. Mr. Fritze stated the Board is not required to fill the two remaining vacancies. Commissioner Phillips stated her appreciation for members of the press being present. Heather McGregor, Daily Sentinel, asked if the action taken today means the County is going forward with this. Chairman Gates stated they are setting things in motion. Mr. Fritze clarified statlng the Board has a letter of agreement with American Airlines. commissioner Johnson stated the agreement sends the County on the way to build a County owned terminal. Ms. McGregor stated her readers did not understand the need for the airport. Chairman Johnson stated the Board's desire for the terminal is to be self funding. He spoke of renegotiations with the Jet Center 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 commissioners Phillips spoke of the need for improvement at the terminal. She added the goal is not to burden the taxpayer for funding the terminal. commissioner Johnson stated there has not been an acceptable offer from the Jet Center to make the current terminal functional. There being no further business to be brought before the Board the meeting was adjourned until May 20, 1996. ~~A~k 9