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HomeMy WebLinkAboutMinutes 07/09/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JULY 9, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Sara J. Fisher Chairman Commissioner Commissioner Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: PD-296-95-A2, POD Amendment, Cordillera Valley Club Kathy Eastley, Planning Technician, presented a POO Amendment for Cordillera Valley Club. She stated this amendment was to allow for a transfer of approved density and to clarify several issues in the POO Guide. Ms. Eastley explained the file to the Board. Staff recommended approval. Commissioner Johnson asked about the sign code in the POO guide. Ms. Eastley responded the size of the signs are comparable to what is in the land use regulations. There are some differences. He stated the Club House Entrance Sign among others, are twice what is allowed within the regulations. Ms. Eastley again responded there are comparable to others in Cordillera and they are monument signs, incorporated within art designs. Mike Meyer, Vice President of Cordillera Valley Club, stated the sign they are envisioning is much smaller than the Cordillera sign. He stated it adheres to the County's sign requirements which is a maximum of 64 feet. Chairman Gates asked about the septic field. Mr. Meyer responded it would be submitted to the County for approval. He stated that is why they left the option open for either side of the road for testing. commissioner Phillips stated she sees the overall application is to change from multi family to single family. Commissioner Johnson stated they are looking at each and every aspect as part of the application. Chairman Gates stated they are shifting the density and asked if any will be ridge line. Mr. Meyer responded no. Commissioner Johnson asked about the signs. Mr. Meyer stated they are looking at four 64 foot signs. Commissioner Johnson pointed out they are allowed lesser sign footage in residential and commercial locations. Mr. Clarkson stated he did not review this file. He stated these signs are twice the size of what would be allowed in a residential development. Mr. Fritze stated it would have to be in the POO if they are going to use the sign code for specifics. Mr. Clarkson stated he has encouraged the POO's to develop their own sign codes. Commissioner Johnson asked about the sign at the entrance of Cordillera. Mr. Clarkson responded it is just a big rock. Mr. Meyer stated he has no problem with the incorporating the sign code because they have no problem with the lesser size. Mr. Fritze asked if you have an etched piece of stone in a wall is the measure the panel or the whole wall. Mr. Clarkson responded it depends on the circumstances. He stated it is a difficult call depending on the art work and etchings. Mr. Meyer stated they are tryin~ to use the dry stack stone walls throughout the development and that lS what they are looking at for the smaller sandstone for location and direction. commissioner Phillips stated she would presume the signs to be very tasteful. Commissioner Johnson read the regulation. Mr. Clarkson stated the picture gets muddied. He stated a 64 square 1 foot sign is the maximum and only one is allowed. Commissioner Phillips asked if there is anything in the POO regarding signs. Mr. Meyer responded he was encouraged to write in the specifics and he really just copied some other information. He has no problem with reducing that number. Commissioner Johnson asked where the other entrance is. Mr. Meyer stated it is what they refer to as the emergency access. He stated they will be applying for a secondary access at a later date. Commissioner Johnson stated they should do that at a later date. Mr. Meyer stated they can certalnly remove that sign at this time. Chairman Gates asked for further clarification on the sign. commissioner Johnson asked about the number of signs. Discussion continued on the proposed signs. Mr. Johnson asked if those signs will be the same size as the entrance signs. Commissioner Johnson moved to approve file number PD-296-95-A2, POO Amendment for Cordillera Valley Club with the changes made within the POO guide for the signs within the development. Commissioner Phillips seconded the motion. The vote was declared unanimous. PD-296-96-F2, Final Plat, Cordillera Club, Filing 6 Kathy Eastley presented file number PD-296-96-F2, Final Plat for Cordillera Club, Filing 6. She explained the request to the Board. Ms. Eastley stated she has just received a check for $7977.83 for land dedication fees. She stated there is an SIA included. They requested the Chairman be authorized to sign the mylar'S upon receipt. Staff recommended approval. Commissioner Philli~s moved to approve file number PD-296-96-F2, Final Plat, Cordillera Club, Flling 6 from multi family to single family lots and a~proval of the SIA. The motion includes authorization for the Chairman to Slgn the mylar. commissioner Johnson seconded the motion. The vote was declared unanimous. PD-14l-95-Al, PUD Amendment, Homestead, Filing 3, Lot 5 Kathy Eastley presented file number PD-141-95-Al, POO Amendment, The Homestead, Filing 3, Lot 5. She stated the applicant is seeking a POO Amendment to allow for the addition of "recreation area". The proposal would allow for a clubhouse on Lot 5 as an amenity for the owner's of townhomes which are currently under construction. She stated the POO guides are separated on each of the filings. She stated they are currently maximizing the square footage. The amendment would provide for an additional 1000 square feet of space which would be a clubhouse and a pool area facility. She stated it is unusual to see this type of request as maximizing the square footage usually does not happen. The homeowner's association supports this and they have not received any negative comments. Staff recommended approval. Chairman Gates asked if they have room to do this safely. Ms. Eastley responded yes. The lot coverages will still need to be met. Commissioner Johnson asked if the clubhouse will only be available to residents. Mr. Chiconine stated it would be available only to the owners. commissioner Johnson asked if those in filing 3 will be the only ones paying to support this facility. Mr. Chiconine responded yes. Commissioner Phillips moved to approve file number PD-141-95-Al, POO Amendment for The Homestead, Filing 3, Lot 5, to allow for a clubhouse associated with the Elk Meadows Townhomes. Commissioner Johnson seconded the motion. The vote was declared unanimous. LUR-020-96, Sketch Plan Extensions Keith Montag, Director of Community Development, presented file number LUR-020-96, adoption of a temporary regulation for sketch plan extensions. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 He explained the regulations to the Board for both POO and Subdivision sketch plan resolutions. The purpose of today's hearing is to provide a public hearing for the adoption of the temporary regulations. He stated the resolution was temporarily adopted as 96-74. Mr. Montag stated they would like to amend the land use regulations next month to insert the approved language of today. He stated they would like to allow the temporary regulations to be valid for up to six months. Staff recommended approval. Chairman Gates asked about public hearings on the master plan regulations. Mr. Montag explained they are in that process. He stated this language will also be incorporated in the new land use regulations. Mr. Fritze stated his advice is contrary to Keith's. He would like to see the sixth month adoption. Commissioner Johnson moved to approve file number LUR-020-96, Resolution 96-74, adopting temporary regulations for sketch plan extensions and extend the effectiveness of that resolution for up to six months. Commissioner Phillips seconded the motion. The vote was declared unanimous. Plat & Resolution Signing SM-1052-96 Riverwalk Crystal Building Condominiums. This is a Minor D'I?e B subdivision, a condominium map on Lot 5 of Riverwalk at Edwards. ThlS map is seeking to plat 7 commercial units, 16 residential units and related General and Limited Common Elements. Staff recommended approval. commissioner Phillips moved to approve SM-1052-96. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-34l-95 sIp, Edwards NUrsery ZC-268-95, Edwards NUrsery Kathy Eastley presented file number PD-341-95 sip, Edwards Nursery. She stated thlS was a Minor POO to allow for a nursery and a request for a zone change to allow for a nursery in Edwards. She explained the files to the Board. Staff recommended ap~roval with the following conditions: 1) County Engineerlng comments must be resolved prior to Final Plat approval. 2) Changes be made to the POO Guide per the attached red-mark print. Commissioner Johnson expressed concern with the items listed by the County Engineering Department. Ms. Eastley stated all those issues are being dealt with. John Althoff, Engineering Technician, stated all their concerns will be brought up and must be completed by final plat. He stated they are just letting the applicant know the concerns that must be dealt with. Marty Johnson, applicant stated they are aware of the cost. Because of the minimum amount of traffic flow, this should not be a problem. Commissioner Phillips ZC-268-95 incorporating staff's findings and conditions. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve file number PD-341-95 sip, Edwards Nursery incorporating staff's conditions. Commissioner Phillips seconded the motion. The vote was declared unanimous. ZS-385-96, Game Creek Club Keith Montag presented file number ZS-385-96, Game Creek Club. He stated Kathy Eastley was absent for the first presentation and he is going to give the presentation as he did ori~inally. He commended Kathy for her efforts of this file. He stated thlS was a request to allow the expansion of 3 a Recreational Facility located in Game Creek Bowl. This amendment requests modification of the condition limiting the hours of operation, amending the condition which limits seasonal operation, amending the condition which limits noise at the site (bands), expansion of occupancy on the site, and the addition of three cabins. Mr. Monta~ referred to Resolution 95-71 outlining the conditions of ap~roval for the flrst phase of the Game Creek Club. This amendment is requestlng a total occupancy of 387 plus eight per cabin. Mr. Montag reviewed the site data and chronology of this file. He stated the 80 acre parcel also contains the Camp Robbers Club which will continue to operate. Mr. Monta~ referred to the issues and concerns which were identified before the condltions were drafted. Mr. Montag referred to letters received from those to whom the file was referred, i.e. The Town of Vail, row. This is a s~ecial use permit within the resource zone district. Concern was raised relatlve to the maintenance of compatibility and intent of the resource zone district. The average slope does exceed 30%. This is an issue relevant to the cabins and the height of the cabins. Mr. Montag explained his concerns and the regulations regarding building height. Mr. Montag voiced concern of the appropriateness of the site. Access is being proposed via the Gondola to Eagles Nest. From there the 2/3 of a mile would be vehicular. Staff is suggesting a maximum number of vehicle trips to be required. There are concerns with the lighting and visual impacts. Employee housing, as is always an issue, but since there are no specifics within the Special Use requiring housing, staff is voicing this as a concern for the Board to consider. Mr. Montag stated this is a substantial increase of what has been proposed. They have included proposed findings. The Planning Commission recommended approval with staff conditions as modified. Discussion and concerns were expressed regarding wildlife impacts, cabin height, access limitations, hours of operation, and definitive seasonal time lines. Staff recommended approval with the following conditions: 1) Occupancy of the site will be limited to 387 occupants in the club facility and 8 overnight guests per cabin. Further, there shall be no organized outside ~roup activities after dark. 2) Motorlzed access to the site will be limited by the following: a) Guest access will be primarily via the gondola and then van or snowcat. Vans or snowcats will not be utilized from the base of the mountain for guest transport to the site except for emergencies, ADA access and shutdowns. b) Employee and guest vehicle travel will be minimized and will use a common route. Access for supply and maintenance of the facility will be minimized by the use of the gondola whenever possible and utilizing the same common route as guests and employees. c) Access for service and maintenance of the facility, to be performed only by employees or persons hired by Vail Associates, will be by snowmobile, snowcat or vehicle. d) No private motorized vehicles will be permitted to access this site. e) The average daily number of vehicle trips ~er season will not increase beyond the numbers provided by Vail Associates ln the application. . . e) The average daily number of vehicle trips will be kept to a necessary mlnlmum. 3) No horses shall be allowed on the site without further consultation and approval from the Colorado Division of wildlife and the Eagle County Community Development Director. 4) Adherence to the Colorado State Forest Service recommended standards for wildfire mitigation which includes the following: a) Adequate defensible space around the site and structures. b) Grass and shrubs to be maintained at under one foot in height within ten feet of any structure. c) The use of flame resistant construction materials including the use of Class A, pressure-treated, flame retardant shingles which must be retreated every three years. d) The proposed deck must be enclosed on the underside or the underside of the deck must be landscaped with non-flammable material to extend at lease five feet beyond the deck. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 5) Limited hours of operation for the club facility Special Use as follows: SEASON DATES HOURS SUMMER June 15 - October 15 7:30 a.m. to 12:30 a.m. WINTER Ski Season Opening - 7:30 a.m. to 12:30 a.m. Ski Season Closing SPRING June 1 - June 14 10:00 a.m. to 6:00 p.m. FALL October 16 - 10:00 a.m. to 6:00 p.m. Ski Season Opening SEASON DATES PUBLIC HOURS MAIN. /SERVICE SUMMER June 15 - Oct 15 8:30 a.m. to 7:30 a.m. to Midnight 12:30 a.m. WINTER Ski Season Open 8:30 a.m. to 7:30 a.m. to End of Hunting Midnight 12:30 a.m. Season or Nov 15 SPRING June 1 - 14 10:30 a.m. to 10:00 a.m. to 5:30 p.m. 6:00 p.m. FALL October 16 - 10:30 a.m. to 10:00 a.m. to End of Hunting 4:40 p.m. 5:00 p.m. Season or Nov 15 These hours reflect the times when activities commence or cease at the club facility except for overnight guests. Up to six times per year, special events may extend hours of operation at the club facility up to two hours. The club operator will give notice of such special events to the Eagle County Department of Community Development. The cabins will be operated during summer and winter. There will be no cabin use from ski season closing through June 14. Cabin use in the fall conditioned upon analysis of the compatibility of such use with recreation and wildlife being mutually performed by the a~plicant, Colorado Division of Wildlife and Eagle County Director of Communlty Development. 6. Overnight guests in the cabin must be provided with material regarding the sensitivity of the wildlife in the area. The educational information is to be provided by means of a brochure or literature which has been approved by the Colorado Division of wildlife and submitted to the Eagle County Department of Community Development prior to issuance of a Certificate of Occupancy for any cabin at this site. 7) No dogs may be pennitted on the site and there may be no feeding of any wildlife including but not limited to bird feeders. 8) Barbecues cannot be stored outside unless in a bear proof container. 9) Any amplified bands or amplified music will be located inside the building. Music will not be audible 250 yards from the facility. 10) Lighting standards which intend to minimize the undesirable effects of indoor and outdoor lighting of this facility. These include but are not limited to the following: a) Multiple, low level, low intensity, down turned lightin~ sources are required rather than one or several high-level, high intensity llghting sources. b) Lighting to meet the Unifonn Buildin~ Code requirements while maintaining mitigation measures to decrease the vlsibility of said illumination from off-site. 11) Revegetation consistent with the Vail Associates, Inc. Revegetation Plan as required by the United States Forest Service to the permitted areas of Vail Mountain. 12) The use of gas fireplaces are pennitted at this site. No wood 5 burning fireplaces are permitted. 13) The following conditions as recommended by the applicant's consultant regarding wildlife issues: a) Club facility and basin guests are not permitted to use snowmobiles to access the site. Reasonable efforts will be made to minimize nocturnal snowmobile use by club employees between Lionshead and Eagle'S Nest. b) Club facility e~loyees and guests will be prohibited from skiing, hiking and mountaln blking to or from the restaurant after dark, Prohibited 1/2 hour before sunrise and 1/2 hour after sunset. c) Cabin quests are prohibited from hiking, biking or skiing around the cabin after dark to minimize impacts to adjacent wildlife habitats and for their own safety. d) Employees transporting other employees and $Uests are prohibited from stopping to view deer or elk grazing adjacent to Skl slo~es. e) Eight to ten bluebird nest boxes shall be establlshed at discrete distances and locations around the club facility and cabin to enhance local cavity nesting opportunities and entertain summer guests. 14) The cabins are conditionally approved at this time with further . review required prior to issuance of a building permit as follows, the reVlew of the following criteria for the approval of a building permit will be the responsibility of the Director of the Department of Community Development: a) The Division of wildlife will be consulted regarding any wildlife impacts which may have resulted from the cabin use. b) The applicant for a building permit must provide a letter from a Licensed Professional Engineer stating the adequacy of the public water and sewer service to the proposed building. c) The applicant will provide an annual report regarding the facility. That report will include information regarding accidents at the site and their resolution. d) Revegetation of the disturbed site must be completed in accordance with condition 11 above. e) Buildings are not to exceed heights as determined by applicable Eagle County Land Use Regulations, ~iving due consideration to relevant factors such as slope, erosion, dralnage, soil stability, visual impacts, etc. e) Buildings are not to exceed 48 feet overall building height measured to the peak. If the review of the above criteria results in a determination that adverse effects have occurred, or that any other condition is in noncompliance, the applicant may submit an application for an amended special use ~ermit for review and approval by the Board of County commissioners at a publlC hearing. 15) This special use permit shall be subject to ~eriodic review of the permit to determine co~liance with all applicable crlteria and conditions, especially traffic and lmpacts on wildlife. This review shall be conducted by the Community Development Department and shall be heard by the County Commissioners only if complaints have been received or the Community Development Department determines that the project is not in co~liance. This special use shall be subject to revocation if conformance wlth the permit as issued is not met. Any substantive change from the ori~inal approval requires review and approval by the Board of County COmmlssioners at a public hearing. 16) All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Chairman Gates asked if the Camp Robber's Club is separate and distinct. Mr. Montag responded it is separate and a pre-existing facility. Mr. Macy stated that building was built in 1969. It burned down and was then rebuilt. They have been in contact with Camp Robber's Club throughout this process and they seem to have no concerns. Mr. Montag introduced Vail Associates, Jim Mandel, Joe Macy, Bob Weaver, Rick Thompson. Jim Mandel stated they are thrilled to be here and feel they are very close to comin~ to agreement. He reminded the Board this is only an amendment, it lS not a new structure. They are attempting to expand season use and the hours of use. CUrrently the club is limited to club membership 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 during the day for lunch. They would like to expand to provide public service in the evening. He stated the conditions they wish to address include the definition of "after dark". They agree with that being 1/2 hour before sunrise and 1/2 hour after sunset. #2) they believe and have concluded they really would not be serving the public interest with a maximum limit set in stone. At this point they don't know how many trips they will be providing. They have some reasonable guesses. They will use every reasonable attempt to minimize traffic. They will also have to look at the hours and the during the night trips. They don't believe that animals will schedule themselves. The focus is to create a quiet period. They will limit the hours the public and employees will be traveling and create a quiet time. A necessary minimum to them, is that they will use every reasonable effort to not use the trail outside of prescribed hours. They would ask them to defer to V.A. 's business management standards. On page 7, the second grid, they have created pubic hours and maintenance/ service hours. Vail Associates has conceded and agree in part. The two things they would like to clarify is the dates of the ski season. The opening and closin~ of the ski season does vary. They disa~ree with the ski season and or huntlng season being a consideration. Targetlng to the hunting season does not make sense to them. The would like to use the dates they proposed. Chairman Gates asked if there is hunting on the mountain. Mr. Mandel stated it is allowed but they don't have alot of hunters. He stated it is not very practical. Mr. Macy stated hunting is pennitted east of the Gondola and in Game Creek Bowl. The DOW has some concurs regarding the times when hunting and ski season might overlap. They have come to agreement on how to handle that and have been doing so for the last couple of years. He does not see it as a problem. #14e) regarding building heights is a difficult one. They are willing to live with the regulations as they stand which takes into consideration slopes and topography. As the planning commission voiced an uncomfortableness, they believe it to be a picked number. They would like it to be treated like all other sites. #15) changing of the wording from periodic to annual is a concern. This creates a mandatory annual review which limits the staff in their ability to review at any time. Mr. Mandel concluded by saying they have worked well and closely with staff and they are happy to be as close as they are now. Chairman Gates asked about the traffic and the desire for V.A. to keep a minimum amount of traffic for their guests. Mr. Mandel stated that is correct and they would like to keep it minimal. Commissioner Phillips asked about reservations. Mr. Mandel stated they will handel the traffic by coordinating the transportation times. Chairman Gates asked about transports up the Gondola and about the changing of the conditions, specifically #2(e). Mr. Montag stated they are recommending the first #e. He believes if it is unlimited, there will be no limitation on the traffic impacts. Staff still recommends the first (e). Commissioner Phillips asked about the elimination of the (e) recommended by the planning commission? Mr. Macy stated trip minimization will make use of van or bus movers or snow pack vehicles. It is not in their interest to make individual trips. Mr. Mandel stated if you look at 2b, it supports their desires. They do not believe there should be a letter f (e). Commissioner Johnson asked if in the summer time there could be 36 possible trips. Mr. Macy agreed. Mr. Montag stated they are looking at it as a seasonal average. Mr. Macy clarified that as far as guests are concerned. There will be additional trips for employees and food delivery. Jim Fritze believes the first (e) lends itself to different interpretation. He does not believe that either one lends itself to a better specification. 7 Mr. Montag stated that condition #16 requires the applicant to adhere to and consider conditions of the entire ap~lication. Chairman Gates asked for clarificatlon from the Board. commissioner Johnson stated they will eliminate both (e's) & (f's). Chairman Gates asked to review the charts. Commissioner Phillips stated "end of hunting season" should be eliminated in spring and in fall. She does not believe hunting season should be taken into consideration as she does not believe hunters use the area. She believes it would expand the length of time. Mr. Fritze recommended that hunting season not be used as there is no way to indicate which season. The row could do something unanticipated. He prefers to see calendar dates. Mr. Montag stated initially staff recommended the November 15 date. Mr. Macy stated there is a reason to tie this to the wildlife. A biological basis is used to track animal migration. That is one of the reasons they tried to tie it to ski seasons. He suggested they could use a date of "no earlier than". Commissioner Johnson stated he has a lesser concern with the beginning of ski season than to the end of ski season because technology could ~rovide for skiing until June 1. He prefers to see a date certain in the sprlng. Rick Thompson with Western Eco Systems and representing V.A., stated he is not all that concerned with spring because the animals are still in Minturn. During real mild periods there is at least a three week window because the south facing slopes are not melted off. They have proposed no o~erations between the end of ski season and the beginning of June and llmited the hours from June 1 to June 15. Commissioner Johnson asked for Mr. Thompson's recommendation. They believe the end of the ski season is the formula. Mr. Thompson reviewed migration dates. He suggests fixed dates could be May 15 to June 15. Commissioner Johnson asked about a no later than date. He referred to the reopening. Mr. Macy stated the normal closing date has been the third week of April but this year extended to May 1. They have viewed the elk migration by helicopter. If there is enough snow to ski, the elk will not be there. Mr. Mandel suggested the ski season opening no earlier than the November 1 and closing at close of ski season and no later than May 15. To be consistent they would make the definition of fall to October 16 or the opening of ski season and the same with spring. Commissioner Phillips asked if spring and fall would remain the same. Mr. Montag stated staff is still suggesting definitive dates as they have from the beginning. 11/15 - 5/1 is based on their discussions with the row. They believe what is being proposed is basically a year round operation. They would suggest 11715 - 5/1. Mr. Mandel stated they would agree to a May 1 date but with the ski season closing a consideration. In terms of November 15, they are trying to expand the service dates. They would not want to wait if the snow is here and the ski season open. Chairman Gates stated if there is enough snow for skiing, the elk won't be there anyway. Commissioner Phillips believes November 1 is acceptable. Regarding the building heights she would eliminate the second 14e. Commissioner Johnson concurred. Regarding #15, commissioner Phillips would like to keep it periodic to allow them the opportunity to review it as needed. Commissioner Johnson stated he would see it as periodic with an annual review for the first five years. Mr. Mandel stated they would not want to have to come in for a hearing unless a problem is evident. That puts the burden on Community Development. Mr. Mandel asked for clarification on the October 16 date. Mr. Montag asked to review the dates. Commissioner Johnson stated end of ski season but no later than May 1. The winter season is the beginning of ski season but no earlier than November 1. Commissioner Phillips moved to approve file number ZS-385-96, Game Creek Club, incorporating Staff findings and the conditions as specified in discussion above. 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Johnson seconded the motion. The vote was declared unanimous. Clarification was asked if 13B was included and the Board agreed with the definition of before and after dark. Edwards Middle School Access Road Name Paul Clarkson, Planner, presented the next item on the agenda, the Edwards Middle School Access Road Name. He stated they need to provide for addressing and they have been attempting to get the Recreation Authority to agree to alignment. This has been referred to as the Miller Ranch Road and the School district has asked that it be named the Miller Ranch Road. Mr. Clarkson stated this is typically done at final plat, but there is no plat. Commissioner Johnson moved to approve the naming of the Edwards Middle School access road, Miller Ranch Road. ,Commissioner Phillips seconded the motion. The vote was declared unanlmous. Resolution 96-92, SD-011-96, Service Plan, Lake Creek Water Dist. Keith Montag presented Resolution 96-92, file number SD-011-96, the Service Plan regarding conversion of Lake Creek Meadows Water District to a Metropolitan District. The applicant is proposing to create the Lake Creek Metropolitan District to allow for the provision of domestic water, fire ~rotection, road, drainage, safety protection and mosquito control. The lntent is to promote comprehensive planning of community needs and provide equitable financing. Mr. Montag reviewed the project and staff's comments. Mr. Montag stated there has been a petition submitted by one of the property owners for exclusion. Mr. Montag reviewed the findings and the significance of the two different sets of findings. Commissioner Johnson asked if the exclusion should be acted on first. Jim Fritze stated yes. He indicated the letter is from Sue and Jack Whitkin. It is stamped received as of 7/1/96. Mr. Fritze provided a copy of the statute to the Board regarding the time limits of filing a request. Mr. Fritze stated he look briefly at the statutes and could find no case law. Jim Collins, council for the District, stated he would first address the request for the service plan. Commissioner Phillips questioned the writer's desire. commissioner Johnson asked for clarification on the timeliness. Mr. Collins continued and introduced Chuck McCoy. He reviewed the desires of the District and the requirements they have complied with thus far. He introduced proof of compliance to those requirements. Chairman Gates asked these items be entered into the record. Mr. Collins stated this is for the approval of this service plan which they must have before appearing in district court. Mr. Collins reviewed the request being made to the Board. The conversion would allow Lake Creek Meadows Water District to be a Metropolitan District and provide fire service to the district. After conversion the regional department can receive it's fair share of taxes for its services. Roads are not proposed at this time but this does allow for road creation or service in the future. The same is true with drainage. Safety/protection is signage. Mosquito control is self explanatory and currently provided by Edwards. Now the district can provide the money. Water is the key issue. Mr. Collins explained the improvements that have been made and the loan taken out to provide that. Future improvements includes storage and flow lines. There are no other major capital expenditures proposed at this time. They have reviewed staff's concerns and addressed sewer first. They appreciate the alternative of a central wastewater treatment center. They believe it is not an appropriate service for the Lake Creek Meadows District but by the Upper Eagle Valley Consolidated District. Another issue, irrigation water will be addressed by Chuck McCoy. Mr. Collins reviewed the irrigation water rights. Chuck McCoy discussed irrigation water rights and the irrigation they 9 are doing now. He stated they plan to bury a pipeline to avoid washout. Things have been done over the last ten years by numerous people. They have a concern with potential fire and keep the land irrigated in light of that. Mr. Collins referred next to their regional mosquito control plan and their desire to have everyone take part in that. They must have complete participation to make it work. Mr. Collins stated everyone has supported this. Mr. Collins stated the district board will be approved in November. He submitted a drawing showing property lots and addressed some questions to Mr. Malloy regarding fire protection, mosquito control and other services to be provided to the Witkins, even though, they are excluded and will not pay taxes, they will still receive services ~rovided by the District. Mr. Malloy replied yes but his opinlon is the Witkins lot should not be excluded. Chairman Gates expressed concern that taxpayers are excluded from paying taxes but still receiving services provided by the District. commissioner Johnson asked Mr. Montag about fire protection requirements. Mr. Montag replied fire protection is a standard unless a lot is over 5 acres. Mr. Collins reiterated his position and asked the application be denied. He discussed the ~roPOsed mill levy. Mr. Montag clted the part of the Land Use Regulations regarding fire protection. Commissioner Johnson moved to deny the exclusion request for Sue and Jack Witkin at 1705 lake Creek Road. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson amended his motion to include this is not in the best interest of the District. commissioner Phillips seconded the amendment. The vote was declared unanimous. Mr. Collins requested the Board consider the resolution of approval to allow the District to go before the voters. Mr. Fritze suggested a motion approving the form of the resolution authorizing the signature but with modification of paragraph 2 referring the denial of the request by the Witkins. Commissioner Philllps moved to approve SD-011-06, service plan regarding the conversion of Lake Creek Meadows Water District to the Lake creek Metropolitan District, the form of the resolution be approved with authorization for the Chairman to sign, with changes to paragraph 2. The reason for denial of the Witkins exclusion request is it is not in the best interest of the District to exclude the Witkins. The findings are also included in the resolution. Commissioner Johnson seconded the motion. The vote was declared unanimous. Airport Gateway Center Mr. Fritze suggested the Board take up items tabled from July 8, 1996 regarding rights-of -way and easements. Airport Gateway Center Development in the Town of Gypsum has made a request of the County for certain road ri~ht- of-way and sewer and water easements. He gave the Board maps illustratlng the easements. The second access easement is still not understandable. Mr. Fritze stated he would not recommend the Board take any action with regard to that item. The water line easement being requested extends from the end of the current water line across County property. The next easement requested is a sewer line easement abutting Hlghway 6 allowin~ for the extension of the Town of Gypsum sewer line. There is also a water llne easement shown in a second part. Mr. Fritze explained. Mr. Fritze stated the deeds have been drawn and asks if this is approved there be authorization for the signing of those deeds. The airport mana~er has related they are working on this but they will not have the informatlon until after today. Chairman Gates asked if there are questions from the Board. Commissioner Johnson asked if the only one they are hesitant ln approving is the one that effects the Eagle County right-of-way. 10 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Johnson moved to approve the deed of non-exclusive easement for construction operation and maintenance of a municipal water line as requested by the Town of Gypsum, conditional upon the Board receiving confirmation from the Airport Manager they are properly located prior to signature. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve the easement for construction, operation and maintenance of a municipal sewer line, conditional upon the Board receiving confirmation from the Airport Manager they are properly located prior to signature. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve the non-exclusive easement for construction, operation and maintenance of a water line as requested by the Town of Gypsum, conditional upon receiving confirmation from the Airport Manager they are properly located prior to signature. This easement shall be identified as commencing at main goal point number two, tract 54, grass cap in place. ,Commissioner Phillips seconded the motion. The vote was declared unanlmous. Commissioner Phillips moved to approve a deed for right-of-way for a public road, for the Cooley Mesa Road, conditional upon receiving confirmation from the Airport Manager it is properly located prior to signature. Commissioner Johnson seconded the motion. In discussion, Mr. Fritze stated the proposed road and right-of-way is located within the Town of Gypsum. It would not be a County Road. There is an Intergovernmental Agreement being discussed within regard to more Cooley Mesa Road issues, but the draft has not been presented to the Board. Chairman Gates called for the question on the motion. The vote was declared unanimous. Mr. Fritze recommended the Board not act on the last one until technical issues are resolved. Resolution 96-93 and Power of Attorney Jim Fritze presented three Resolutions conferring authority to the County Attorney's Office to draw on letters of credit if needed. The first one is a letter of credit for Terrance Hoffman - Eby Creek Mesa. Commissioner Johnson moved to approve Resolution 96-93 and Power of Attorney for Eby Creek Mesa LLP in the $95,997.20. Chairman Gates seconded the motion. Of the two voting commissioner, the vote was declared unanimous. Commissioner Phillips excused herself from hearing these last items. Jim Fritze presented Resolution 96-94, conferring Power of Attorney and authorizing the drawing of collateral if needed for $2,000 for the account of Terrance Hoffman. Commissioner Johnson moved to approve Resolution 96-94 and Power of Attorney for Terrance Hoffman. Chairman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Jim Fritze presented Resolution 96-95, conferring power of attorney and authorizing the drawing of collateral is needed for $158,990 for MC Joint Ventures. Commissioner Johnson moved to a~prove Resolution 96-95, conferring Power of Attorney and authorizing the drawlng of collateral, if needed, for McJoint Ventures. Chairman Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 11 Lease Agreement, Eagle Valley Chamber of Ccmmerce Lauri Assmusen, Fair & Rodeo, presented a Lease Agreement between Eagle County and the Eagle Valley Chamber of Commerce for concessions at the 1996 Eagle County Fair The county receives 30% of this agreement. Ms. Assmusen stated they have worked out the appropriate terms of the agreement regarding security and support by the Sheriff's office. She stated there will be beer sales in the grassy area during musical events only. Commissioner Johnson moved to approve the lease agreement between Eagle County and The Eagle Valley Chamber of Commerce. Commissioner Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to come before the Board as a matter of public hearing, the Board adjourned until it's next scheduled meeting. Attest: d~~~-~ 12