HomeMy WebLinkAboutMinutes 08/20/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
AUGUST 20, 1996
Present: George "Bud" Gates
Johnnette Phillips
James Johnson, Jr.
Jim Hartmann
Sara J. Fisher
Chairman
Commissioner
Commissioner
County Administrator
Clerk to the Board
This being a scheduled Public Hearing the following items were presented
to the Board of County Commissioners for their consideration:
Plat & Resolution Signing
Kathy Eastley, Planning Technician, presented the following plats to be
approved and signed by the Board:
SM-1002-~6, McCoy Peak Lodge. She stated this was a correction plat
with the sole purpose of adding missing information to sheets ten and fifteen
of the Condominium Map for the McCoy Peak Lodge. The missing information is
with regards to unit numbers. She asked the Chairman be authorized to sign
the plat once they have included an additional plat note.
Commissioner Phillips moved to approve file number SM-1002-96, McCoy
Peak Lodge and authorized the Chairman to sign the plat once the plat note is
added that states all previous plat notes are in effect.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
SM-100S-96, St. James Place, Fifth Supplemental Condominium Map. She
stated this was a Minor Type B Subdivision, a supplement to the Condominium
Map for a development in the Beaver Creek Subdivision. This map seeks to
define thirteen additional residential units.
Chairman Gates asked if this will increase the density.
Ms. Eastley responded no.
Commissioner Johnson moved to approve file number SM-1005-96, St. James
Place, Fifth Supplemental Condominium Map.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-110, PD-259-96-A, Eagle County Regional Airport Planned
Unit Development. This is a resolution approving a PUD Amendment increasing
the maximum building height to 65' and other miscellaneous updates. This
file was presented to the Board of County Commissioners on June 18, 1996.
Chairman Gates explained this was necessary to raise the height of the
hanger to allow the planes to get into the building.
Commissioner Phillips moved to approve Resolution 96-110, PD-259-96-A,
Eagle County Regional Airport Planned Unit Development.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
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PD-100-96-AF1, Beaver Creek 10th Amendment to 1st Filing
Kathy Eastley presented file number PD-100-96-AF1, Beaver Creek 10th
Amendment to 1st Filing. She stated this was a request for an amended final
plat to amend lot lines and easements. The applicant is represented by Gerri
Arnold and Jim Mandel. Ms. Eastley explained the request by the applicant.
The intent is to amend the interior lot lines. It would be increasing and
decreasing lots. The overall boundary of the area does not change. The
referral comments have all been addressed and the attorney's office has
reviewed the plat. All adjacent property owners have been notified. Staff
did receive phone calls asking for more information. Two letters were
received from adjacent property owners. Both of those letters expressed
opposition to the proposed changes. The zoning is in place and building will
take place regardless if the lot lines are changed or not. Staff recommended
approval.
Commissioner Johnson asked if any of the OSR would be effected on lot
17.
Ms. Eastley explained the proposal from the applicant to make lot 17 all
OSR.
Commissioner Johnson moved to approve file number PD-100-96-AF1, Beaver
Creek Subdivision, 10th Amendment to 1st Filing incorporating staff's
findings.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Jim Mandel from Vail Associates thanked the Commissioners for their
attendance at the grand opening. He thanked Staff, Keith Montag and the
others for their assistance in helping them get their jobs done. He thanked
them for their cooperation and their assistance.
ZS-389-96, Edwards Village Center
Sid Fox, Planning Manager, presented file number ZS-389-96, Edwards
Village Center, Parcel 9. He stated this was a request for a Special Use
Permit for Commercial Limited and Commercial General Uses on greater than one
acre. This proposal is for up to 84,000 square feet of commercial/service
commercial and industrial uses in four, 2-story buildings. The Eagle County
Land Use Regulations recognize and require that "larger" development plans
for commercial projects must be reviewed as a site specific development plan
to assure compatibility of land uses and identify potential impacts on nearby
properties.
Mr. Fox reviewed the criteria, site data and history of the property.
This special use permit is only for parcel 9. Mr. Fox referred to the
chronology of the site as listed in staff's presentation. He listed dust
control as being an important issue. He addressed the links to bicycle and
pedestrian pathways as well as concerns with exterior lighting, including
visibility of lighting at night. Staff referred this application to several
referral agencies and they did receive responses which staff has addressed.
Staff's concerns and issues have been addressed through the processes.
The Planning Commission heard this file and approved it conditionally.
They added two additional conditions regarding hours and truck size.
Staff recommended approval with the following conditions:
1) An Eagle County Road Cut permit will be required prior to
construction of the access drive.
2) Each building permit application, including tenant finish, shall
clearly describe the intended use and include a parking plan which identifies
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
allocated parking spaces. The parking plan must demonstrate conformance with
the County parking and loading requirements prior to issuance of building
permits.
3) The approved landscape plan shall be submitted with the building
permit application for buildings A,B,C and D. If the landscape improvements
are not completed in accordance with the approved landscape plan, a
Construction Improvements Agreement and associated collateral shall be
required prior to issuance of any Certificate of Occupancy.
4) The first building permit application shall include a
comprehensive sign plan showing all proposed signing within the business
center.
The Planning Commission added the following two conditions:
5) Limit business hours from midnight to 6:00 a.m. on week days and
from 8:00 p.m. to 8:00 a.m. on weekends.
6) Limit truck size to 50 feet or less.
The County did receive many letters regarding this proposal. Copies of
the letters were provided to the Board. Residents of the Homestead and the
immediate vicinity were the primary respondents.
Mr. Fox reviewed the criteria and the proposed findings.
Chairman Gates questioned they are still under a special use permit.
Ms. Berenato stated a termination for continuation can be added but it
was not done initially. Because of the zoning, it goes with the land.
Commissioner Phillips stated she was informed this was a request for a
special use permit because the proposed uses do not fit the initial special
use permit.
Mr. Fox stated in 1985 Eagle County did issue a special use permit for
lots 9 and 14 and it was known as Edwards Village Center. In the spring,
staff was approached with a site plan. It was their belief the development
did not conform. This spring there was a meeting focusing on lot 14. At
that time, the proposal for 14 was in conformance. They were silent as to
parcel 9 which is the subject of today's meeting. Staff has determined
parcel 9 is not in conformance. Whether this is an amendment or a special
use permit, they are treated identically. If the Board approves this today,
they will prepare a resolution for recording as they would for a new special
use permit.
Chairman Gates asked what would happen if it is not approved.
Mr. Fox stated the site is platted, it is zoned and a grading permit was
issued a month or so ago. If the Board doesn't approve the special use
permit, the 1995 permit would still be valid.
Ms. Berenato stated one of the uses was questioned, which was a hotel.
If the Board chooses not to grant the special use permit today, the applicant
can construct according to the initial special use permit.
Chairman Gates asked if they have the authority to have the grading
permits under the permit they have now.
Mr. Fox stated the application for the grading permit showed the cut
from 9 to 14. It accurately depicted what was out there.
Commissioner Phillips stated she was unaware the whole hill will come
down, she went to look at it. She stated this is a movement of the whole
hillside and she questions that after yesterday's meeting. She feels there
are some discrepancies as to what they agreed to.
Terrill Knight, Knight Planning, stated they were directed by staff to
go through the special use process and that is independent from the grading
permit. The grading permit is in effect. They have agreed to meet all of
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the standards of the County. This issue today is the conventional use of the
site. They are independent actions.
Rick Muller, with Remco Company and the applicant today, stated they are
trying to clear up some of the questions. They decided to go through the
County process so there will be no doubts of what they do. They are not
asking for the zoning to be changed. They are looking for a reduction of the
impacts that the current zoning has on it now. It is zoned for motel/hotel,
entertainment, etc. On the hotel side, this project will cut by 1/3 the use
impact. With regards to research and development, nobody knows what that is
and it would be removed from the special use permit. He explained some of
what they are proposing and the reduced impacts it would have with traffic,
lights, noise, visual, congestion, etc. They are trying to promote the
permanent year round employment, employment beneficial to Edwards and Eagle
County and provide the maximum flexibility of uses in retail. They have
designed a project that is at 74% of the maximum build out. They've met with
homeowners and the associations and they have a letter from the Homeowner's
Association who are not concerned and are happy with the project with the
conditions they have asked. The church has granted them an easement to the
south. He has met with many of the individuals to mitigate the concerns they
have. They now have 71 exclusions for the property. He believes they have
done a good job to get to this positive point.
Mr. Mueller introduced some of their project affiliates. They have met
with all the appropriate people to see that this project is done
professionally.
Terrill Knight stated Mr. Fox did a complete job in explaining the
master plan and the Edwards area plan. Mr. Knight showed the areas on the
County maps. He explained the history and the development of the area. The
zoning was set many years ago and this has been anticipated for some time.
They believe the plans show good work together to make this plan work.
The town is focused on the intersection and the outlying areas are where
the other uses and supporting business should go. The site is to work all
together, jointly. The grading works as a whole. The site design came form
a review of the initial special use permit. The site plan itself
accomplishes the goals of the site plan and the sub area plan.
Peter Jamar, architect for the project, discussed the process they went
through to determine the project design. He explained the various options.
The third design is that which they feel is the most sensitive to the
surrounding neighborhoods and which meets their goals. They are stepping the
plane of the earth and recessing the buildings in one floor in height. They
are proposing a 16 foot building height from the side. This will reduce the
visual impacts for the neighborhoods. This design creates several buffers.
One being a buffer for noise. Landscaping is another which will buffer the
buildings from the neighbors. The design of the third approach minimizes the
impact and creates a design conducive to the area. They are looking to use
rough brick and contrast it with earth tones. The site lines are such that
you would barely see the first floor and only the top of the second floor.
As for accessibility, they tried to create two large turning areas
within the project. Those large turning areas are designed for a 60 foot
truck. They reviewed this with the Avon Fire Chief regarding access and
egress. They've upgraded the number of fire hydrants. The slopes have all
been coordinated with Kunkel and Associates. They are trying to minimize any
roof top units and are using flat roofs with earth tones. The project meets
all of the current County codes.
Chairman Gates asked about the intersection coming in from 1-70.
Mr. Jamar showed that on the plan.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Chairman Gates asked about the number of exits in and out.
Mr. Jamar responded they have one exit off of Edwards Blvd.
Mr. Mueller stated due to the topography on the ground, they had to get
access from Edwards Blvd and on the corner.
Mr. Jamar presented photographs for the Board's review and explained
those photos.
Commissioner Phillips
Mr. Mueller responded
Mr. Knight stated the
the uses.
Chairman Gates asked if the uses are not in conformance, why have they
proceeded.
Mr. Knight stated they responded as they were directed to. They have an
existing special use permit which they could use. The times have changed,
the needs have changed and the neighborhood desires have changed. Whatever
use will include a grading plan. They have applied for one and it has been
granted. Unless the County Attorney feels otherwise, he believes them to be
separate issues.
Ms. Berenato stated the grading permit is not an issue that usually
comes before the Board. The zoning on the property is commercial general and
that runs with the land. They have a special use permit in place from 1985.
They are coming in with a different project today. She stated the grading
permit has allowed Mr. Muller1s company to do the grading up to this point.
Commissioner Phillips stated they have allowed others to do so without
the plan in place. She thinks the confusion is what is grading.
Ms. Berenato stated Mr. Muller does have approval for what is in place.
Mr. Knight stated they allocated uses within the general commercial
zone. Again, with the conditions having changed over the last eleven years,
they are allocating uses so they are not conflicting. Storage uses and light
assembly will be in buildings to the rear.
Rick Muller stated the major points of interest have been with the
homeowner's and the homeowner's association about the uses. They do not
intend to have this be a storage depot. Their concept is to stay within the
focus of the original special use permit and providing for things that would
be beneficial to the public and community. Within ten minutes of this
project there are 5000 homes left to be built. Services are what they are
trying to get accomplished on this property. They want to move the business
focus into this project. The people within the community are the people they
want to provide with services.
The local neighbors have stated they would like to see professional uses
there as well but the rent costs are difficult to meet. To put that type of
use in, you are looking at much greater traffic. 35% of this would be light
industrial which would be computer repair, and the like. Warehousing,
contractor sales, will reduce the traffic. They will keep the traffic
generation rate down by dropping the use. They are also providing additional
access by putting in the turn lane. They have put a restriction on warehouse
to 5000 square feet. They have eliminated outside storage on the project.
Again, they have eliminated uses that provide for high traffic generation.
They are setting it up to have retail on the lower front. The second
floor is where the service industry will take place. Noise will be reflected
out to the interstate. Mr. Muller continued to review the proposed project.
Terrill Knight stated these are business to service locals. They will
certainly comply with the noise requirements. The grading effected the
asked when the photos were taken.
on Thursday.
next portion of the presentation would
focus on
5
building height change.
Mr. Muller stated they started with 15 exclusions and now they have 71.
They are excluding outside business, ie, garden shops, blacksmiting, metal
working, etc. They have excluded the high uses.
Chairman Gates asked for public comment.
Larry Eskwith, a resident of the Edwards area, stated the developer has
gone out of his way to meet the concerns of the neighbors. He feels Mr.
Mueller has taken extraordinary measures to satisfy the residents. He
supports Mr. Mueller's efforts and the project.
Barbara Allen, who's father owned Homestead Ranch, stated she wants to
address three issues, the first being money. She sees this project as being
extremely expensive. She also wants to address the children. She asked if
the Board knows how many children their are in the area? She talked about
the playground area by the Church. She does not believe this to be a safe
place. Mrs. Allen stated she has visited with the homeowners and she does
not believe they have been fairly treated, they have been insulted and yelled
at. She feels this is wrong. The last thing is the acre of ground. Her
father dedicated three acres of land to the Church. The boundary was
supposed to be the fence line. The original boundary is the fence line. Her
father gave three acres further to the west for the second three acres. Mr.
Warner asked the church take three acres to the west. She and her father
thought the fence line would be used as the boundary. She believes this acre
has been taken away with the removal of the dirt. She again, voiced her
concerns for the children. She wishes the homeowner's who are feeling
intimidated could come before the elected officials and let them know how
they feel. They asked the planners and were told they would have to face it.
Chairman Gates asked if these concerns were brought up before with the
applicant.
Mrs. Allen responded no.
Commissioner Johnson asked what are the specific safety concerns.
Mrs. Allen stated she would like to see these people sell the property
to the Church and allow them to build a safe haven for children.
Commissioner Johnson again asked for the specific concerns.
Mrs. Allen stated the children can't be controlled and this commercial
project has no business being in this area.
Commissioner Johnson asked about the drawn in line on the plat.
Mrs. Allen stated that was the original fence line. She stated it is
53,000 square feet.
Mike Walter, listing broker for this project, stated they did list the
property at one time and at that time he spoke with Mrs. Allen. Mrs. Allen
claimed she has the water rights. She asked if the church could access
through the project and Mr. Muller and Hernreich were contacted. The last
time he met with Barbara, she mentioned they would be having problems but
would not disclose her concerns. She indicated there might be title
problems. He stated that was the last they heard from her.
They have numbers of operators from every sector looking for a facility
such as this. They are looking for a physical plant to sell their products.
There is an overwhelming demand for this type of project. He believes they
have done a wonderful job in creating the type of physical plant that will
allow for local business.
Barbara Allen asked what the status is of parcel 14.
Mr. Fox explained the development plan is in conformance.
Tom Walker, an area resident on Gold Dust Drive, stated he understands
the right for development of this land. He would like to know what the uses
are. He also commented on some of the comments about meeting with the people
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
of Homestead. Mr. Walker stated no one on Gold Dust Drive knew about the
meeting. There is not as much support for this project as has been stated by
the applicant. He does have concerns but he doesn't know what the legitimate
uses are. He thinks scaring of the area is sad.
Mr. Walker stated Rick Muller came to a barbecue they had and there was
debate about what will go into the place. He stated it is literally his back
yard. Noise is a concern, traffic, outside storage, lack of enforcement. He
does not see what is said is going to happen will ultimately happen. Mr.
Walker says he does have the list of excluded uses.
Ray Merry, Environmental Health Officer, reminded the applicant of the
concerns with the dust control and suppression. He explained this year we
have major air quality concerns and water concerns.
Commissioner Johnson asked if Bruce Campbell is looking at that.
Mr. Merry responded the Code Enforcement Office will take a look at it.
A dust suppression plan can be required and there will be follow up from
their department.
Mr. Muller stated they agree to go along with all of the requirements.
Commissioner Phillips asked about employee housing.
Mr. Fox stated that is considered in PUD's but the zoning of commercial
industrial is in place.
Commissioner Phillips stated she is not referring to on-site housing
necessarily.
Mr. Fox explained the history of the project. He stated there is a
significant residential zone that was planned for, zoned and subdivided to
support this commercial development.
Commissioner Johnson asked about some of the uses. Under #2, the
personal services, there is a specific definition by the state as to what
constitutes a child care center. He doesn't' know whether this project would
qualify. He asked if this is a day care center or a child care facility.
Mr. Muller stated they have pretty much taken this out of the book.
Montisorri had contacted them and they questioned whether they could meet the
requirements. Perhaps it could be for people who are working in the project.
Mr. Muller stated there would be no outside use.
Ms. Berenato stated there are certain criteria required for day care.
Commissioner Johnson asked about the testimony as far as attracting
doctors and professional people to the facility. They generate a larger
number of trips but, a small animal clinic will also generate a fair amount
of trips.
Mr. Knight stated this is not a special medical center.
Commissioner Johnson asked for clarification of 3G and the definition of
research and development.
Mr. Knight stated they do know what that is. They are perhaps combining
equipment storage with a front office.
Commissioner Johnson asked about the design and review board membership
and asked if that could be a five member board, where perhaps renting members
could be part of the Board. He questioned if barber shop excludes beauty
shops/salons.
Mr. Muller indicated they would be out as well.
Mr. Knight stated they will answer any questions of the Board or they
will summarize.
Chairman Gates stated he is concerned there is no way to address
employee housing.
Commissioner Johnson stated that is one of the things they would like
7
for the planning staff to review with the new regulations. The housing was
built a long time ago and those houses are full now.
Mr. Fox stated at this point in time there is no provision or authority
to demand affordable or employee housing.
Commissioner Phillips stated she has a problem with that because
sometimes they have required it. She is concerned with the 91 letters
received opposing the development and 11 people supported it. She knows
there has been a lot of work that has been done. She thinks the plan has
improved significantly.
Mr. Muller stated he has had at least 25 different meetings with the
groups. He said there are still 805 homeowners represented, but those were
done several months ago. At this point, he believes they have satisfied the
concerns of the people. He believes they have addressed the safety and noise
issues.
Mr. Knight stated they are requesting approval of the special use permit
and that the zoning is in place. He gave his closing statements stating they
concur with staffls conditions. The planning commission voted unanimously
for the project. They were tabled once to allow for further adjustment. The
two issues the planning commission recommends, they are willing to modify.
They would like to make it clear that deliveries and major traffic would be
limited. For the other issue, the length of the trucks, they are proposing a
turn around that will allow the trucks to safely turn. They would like the
50 requirement to be stricken.
Ms. Berenato asked about weekend hours.
Mr. Muller stated weekend would be twelve to six. He stated their
design has been reviewed with the fire department and Johnson and Kunkel.
Mr. Fox stated the recommendation was not an engineering or access
concern. If they allow for the larger trucks, it will cause a greater impact
on the neighborhoods.
Commissioner Phillips asked Mr. Althoff if his concerns have been
addressed and met.
John Althoff, Engineering Technician, stated their concerns were
basically notice that those items must be done but there are final details
that have not been agreed to yet. Mr. Althoff stated if they come in for
building permits and these are not completed, no permits will be issued.
Commissioner Johnson asked about the hours of operation and asked for
the Planning Commissions discussion on that.
Mr. Fox stated the planning commission determined there was
restrict further operations at nighttime and on weekends. Their
standards, according to staff, are a better way to control that.
they tighten up the standards.
Commissioner Johnson moved to approve file number ZS-389-96, Edwards
Village Center, Parcel 9 incorporating staff's findings, recommendations, and
conditions and with the minor changes to the use document as discussed.
Under #5 under allowed uses, the condition for interior storage be included
under letter E.
Chairman Gates asked if that is appropriate.
Mr. Fox stated yes it is. Including this as a criteria is appropriate.
Commissioner Phillips seconded the motion for discussion.
In discussion, Commissioner Phillips stated she has a problem with the
dirt movement and this happened before it should have. She thinks this will
work well on this site but hopes that what they put in there it will be
something we can all be proud of. The people up there have some real
problems. She hopes it does turn out to be better than what they hope it
will be.
a need to
performance
He suggests
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Commissioner Johnson stated a concern he has is one he's addressed
before, and that is getting the advertising out before the project is
approved. He hopes the real estate community will take that to heart.
Commissioner Gates stated though time has changed, they need an
opportunity to look at things and change them from what they were years ago.
Chairman Gates called for the question on the motion. The vote was
declared unanimous.
Mr. Knight thanked the Board for their consideration.
LUR-018-96, Chapter IV, Land Use Regs
Chairman Gates suggested this file be tabled as there is not time to
hear it today. Staff feels confident they can proceed with other issues.
Chairman Gates stated because it was brought to him and there is not
enough time for comment, he recommended it be tabled.
Commissioner Johnson moved to table file number LUR-018-96, Chapter IV,
Land Use Regulation Amendment to August 27 at 2:00 p.m.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
ZS-275-96, Crowley Zone Change
Paul Clarkson, Planner, presented file number ZC-275-96, Crowley Zone
Change. He stated this was a request for a zone change from Rural
Residential to Resource. He stated the property owner is Dr. Freearch who is
proposing to down zone. His intent is to be able to construct and maintain a
primary home with a 1500 square foot caretaker unit which is not possible
under the current zoning. The Rural Residential zoning currently in place
will allow for a minimum 2-acre lot size. The Resource zoning being applied
for will only permit a single 35 acre lot but will allow for the two dwelling
units (primary/caretaker). The forest service will grant access to any
holdings that must cross forest service land. The applicant will be gaining
an easement from the forest service. He also mentioned the requirement for
the zone changes only requires there be conceptual access. Mr. Clarkson
stated staff recommends approval as did the Eagle County Planning Commission
at their public meeting of August 8, 1996.
Chairman Gates asked about the width of the roads and the number of
people that will be using it.
Mr. Freearch stated there are not that many people.
Commissioner Phillips stated she is encouraged by the down zoning of
this property and is encouraged by the open space that will remain.
Commissioner Phillips moved to approve file number ZC-275-96, Crowley
Zone Change incorporating staff's findings and recommendations.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
ZS-390-96, Alpine Christian Academy
Ellie Caryl, Planning Technician, presented file number ZS-390-96,
Alpine Christian Academy. She stated this was a request for an amendment to
the existing Special Use Permit to add a modular classroom building. Alpine
Christian Academy proposes to install a one-story,2000 square foot modular
building in the existing Alpine Christian Academy and Basalt Bible Church
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parking area for additional classroom space. According to the applicant, the
additional classroom space will be used to accommodate the existing K through
8 grade student enrollment which is now at 120 students and limited to a
total 150 students, per the existing special use permit.
The Academy school operates during the weekdays and on weekends serves
as the Basalt Bible Church Sunday school facility. In addition to the
proposed modular building, other buildings on the site include the 4600
square foot church building, the 5300 square foot existing school building
and a 3000 square foot "caretakers" residence to the north of the school
building.
The parking for the uses will be accommodated on the remaining portion
of the parking lot, which is currently unpaved. The school use and church
use of the parking area do not typically overlap. The Basalt Bible Church
owns the entire property and leases the portions of the site used for school
proposes to the Alpine Christian Academy.
The adjacent property owners were notified and some responses were
received yesterday. Staff recommended approval with conditions as well as
those proposed by the Planning Commission.
Ms. Caryl showed the plan to the Board.
Chairman Gates suggested the original approval included the academy's
long term goal to find a larger area for the school campus. How much is too
much is an issue. If this facility will cover the area designated for the
caretakers unit.
Ms. Caryl reviewed the conditions found in staff's presentation
beginning on page 5. The planning commission would like to see parking for
46 vehicles. Church and school do not overlap. Ms. Caryl explained the use
by the Basalt Bible Church. #7 can be struck and #8 is a carryover.
The comments received from the neighbors indicate the modular is not a
popular idea. If it does go in they would like to see some of the
landscaping put on the east side of the building and not just on the front.
That the shingles match the existing shingles. The applicant would like to
put a fence on their boarder to screen the existing adjoining property. The
neighbors would prefer a natural color with some design features. They would
like to have the applicant use his neighborly influence to help clean up the
area to the north.
Commissioner Johnson asked about condition #6 and the tie to the Basalt
Church.
Ms. Caryl stated it is for a school and it runs with the land. If
another entity comes in they would have to have a school.
Commissioner Johnson stated his concern is the Board's desire to have
the special uses to go away after a period of time. He questions if they
want the special use to continue if this applicant moves to a different site.
This allows the Christian Academy and the Basalt Bible Church to go on
forever. If someone else comes in, will they be able to take into
consideration the changes that have taken place.
Ms. Caryl stated condition #6 could be amended to allow for that. Ms.
Caryl stated in some codes, if it is discontinued for six months, the special
use goes away.
Commissioner Johnson stated they can put that condition on special use
permits as the regs are now.
Chairman Gates questioned the use by right.
Ms. Caryl stated part of that is because of the parking lots required.
Commissioner Johnson discussed the misunderstandings that people have
about special use permits.
Chairman Gates questioned the right to inspect.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Commissioner Johnson stated you can only take the special use permit
away if there has been a violation.
Ken Long stated they agree with all of the recommendations made by the
planning commission or those the neighbors have brought forward. Mr. Long
stated they have attempted to buy the property next door to no avail. He
reminded the Board until the regulations are changed the special use runs
with the land.
Ms. Caryl stated it also runs with the use.
Commissioner Phillips asked about the grading that is being done at the
site without a permit.
Mr. Long responded they are grading to put in the utilities and a permit
was not required.
Commissioner Phillips asked if that was passed on.
Ms. Caryl asked if it is just trenching.
William Collins, administrator and the executive director of the Board
of the Christian Academy, stated the berm is basically a stockpile until the
landscaping takes place.
Commissioner Phillips stated the dirt being moved and the dust were the
discussion.
Ms. Caryl asked if they are sure it is on their property.
Mr. Collins stated it is on their property. Mr. Collins stated they are
the Basalt Bible side of the utility pole.
Ms. Caryl suggested Mr. Collins talk to the Sedgwick property owners.
Mr. Collins stated they meet in their school building for their meetings
so there may be some friendly influence.
Commissioner Phillips stated alot of it was that they didn't know. She
asked Ms. Caryl to pass on the information. She asked about a natural
colored fence.
Mr. Collins responded a fence will be a nice addition.
Ms. Caryl stated they are fearful of a white long fence that will
disturb the area.
Mr. Collins stated they can certainly stain the fence.
Commissioner Phillips moved to approve file number 2S-390-96, Alpine
Christian Academy including staff's findings and conditions. She read the
conditions into the record.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
SE-325-96, Smith Ferro Exemption
Paul Clarkson presented file number SE-325-96, Smith-Ferro Exemption.
He stated this was a request for exemption intended to administratively
recognize the legality of the parcel that was originally created by it in
1973. 2/3 of the parcel is in Pitkin County, the applicant initially
approached pitkin County to move the existing modular to another site within
the parcel. Pitkin officials responded by stating there is nothing that can
be done since the parcel was "illegally" created. Staff consultation with
the Eagle County Attorney as well as Pitkin County official resulted in a
method by which the parcel could be "legalized" through the Eagle County
Exemption process and a building permit could be issued. Staff recommended
approval.
Commissioner Johnson moved to approve file number SE-325-96, Smith Ferro
Exemption incorporating staff's findings.
11
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-353-96-S, Mountain Shadows Condominiums
Commissioner Johnson brought to the Board's attention he does have a
personal relationship with Ms. Jill Kovacavich as she does represent him on
legal matters. Ms. Kovacavich stated her client has no concerns and does not
see this as a conflict.
Paul Clarkson presented file number PD-353-96-S, Mountain Shadows
Condominiums. He stated this was a request for a PUD Sketch plan for 72
multi-family dwelling units in three buildings on 5.26 acres.
Mr. Clarkson introduced Steve Isom, Isom and Associates, stated Mountain
Shadows is a proposed project on the Eagle River just to the east of
Riverwalk. What they are proposing is three buildings with 24 units
building and a day care facility. He explained the project layout.
are 72 units with 72 parking places underground and with 127 surface
spaces.
He showed models of the building and explained they would be three story
buildings. Some of the projects in the valley are comparable and he showed
pictures of those. Cliff Side, River Oaks, were among the four story
projects that now exist. They believe the proposed number of units, 72, is
the proper number for the site. The pricing range would be between $160,000
and $185,000 per unit. The price has gone up with the density having gone
down. One of the biggest concerns is the relocation of the residents from
Lone Pine Trailer park. Jill Kovacavich is working with the applicant and
the residents in that realm.
Ms. Kovacavich introduced herself. She reviewed the history of the
mobil home park. She stated a change of use that requires change of zoning
is what they are looking at today. When they talk about terminating a lease
to a mobil home park, it can be done for many reasons. Mobil home leases can
be terminated without cause. What Mr. Broce has done is hire her to work as
a liaison with the residents. They have hired a local attorney to meet with
the homeowner's. They will be meeting next week to hammer out the specifics
for relocation or damages. They are looking at an expansion of an existing
park or creating a new park. One of the ideas they have is to pay up to $500
or so for single wide transportation only. There are alot of mobile homes
that cannot be moved. They do have provisions to pay for transportation cost
in Eagle or to Lake County. Lake County is not ready to accept 39 older
mobile homes. They have the tax role for the owners of the units. Mr.
Broce's desire to accommodate the resident owners more so than the non-
resident owners. She is talking to some developers about placing mobile home
park sites under 30 year leases. The purchaser can then build equity in the
lot. Mr. Broce is offering down payment support for those who might be
interested in buying his units. The medium income that would support
purchasing a project is about $35,000.
Commissioner Johnson asked about the 30 year lease option. You purchase
up front and build equity in it. When you hit the later part of that lease
is the equity diminished?
Ms. Kovacavich stated no it would not. She further discussed the
purchase processes.
Commissioner Johnson asked if she knows of other states where this has
taken place.
Ms. Kovacavich explained the concerns
Commissioner Johnson asked about some
to a
There
parking
with enforcement and policing.
of the Wyoming projects.
12
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Ms. Kovacavich stated she can have further discussions about those.
Chairman Gates asked again if they know what they are going to do with
the people in the trailer court.
Ms. Kovacavich stated they have a plan that is more than fare. Ms.
Kovacavich stated this won't be the first time we address this issue and will
continue to be a problem as long as there are older parks within the area.
Ms. Kovacavich stated her client does not have to do this but he is very
concerned about the residents and is trying to do all that is possible to
assist them.
Commissioner Johnson asked if the agreement is along the same lines as
Avon station.
Ms. Kovacavich stated
confidentiality agreements
be intricately involved in
involved.
Commissioner Johnson stated a new park has the same options as this
project so to forward that as a possibility is difficult.
Ms. Kovacavich stated it is difficult and those are valid concerns.
There is no legal responsibility of this developer to relocate the residents
of Eagle County.
Ms. Berenato stated the agreement may never come back to Eagle County.
Mr. Broce is under no legal obligation. The Board's approval of the project
is necessary, but they do not need to give approval to their relocation
project.
Chairman Gates
Ms. Kovacavich
options.
Mr. Broce, according to Ms. Kovacavich, is willing to assist people to
get into one of these units. If an applicant falls below the medium income,
they won't be able to afford to live there. The alternatives range from
relocation of existing mobile homes, trading in mobile homes for new ones, is
reasonable.
Chairman Gates stated but it is still a trailer.
Ms. Kovacavich stated a mobile home is a viable beginning of home
ownership. Ms. Kovacavich stated you could obtain the same equity in a
mobile home when they have the location to do so. They don't have the place
yet. She stated they are not required to do this but she was hired by the
applicant to come up with a solution to do the right thing.
Paul Clarkson referred the Board to staff's presentation. Staff has
identified a number of major concerns. The most major is the design and
configuration of 72 units into three structures. The density is correct and
it is compatible. This is about 13.6 units per acre. The last time this was
heard, the massiveness of the buildings was a concern. The buildings would
be 13,000 square feet. He would like to compliment the applicant on the
movement of the day care center and tot lot. They also moved the buildings
back from the bank of the river to provide for a more park like setting.
These are a couple of the items the applicant has responded to and staff was
tempted to recommend approval. In the long run, they do not feel this has
gone far enough. They do not feel this promotes any sense of community. The
massiveness of the buildings and the parking lot tend to overwhelm it. There
is little opportunity for the cultivation of a neighborhood on this site.
The site is adjacent to an urban situation. This should be able to facility
the development of a traditional town. In a new urbanized community they
in the Avon Station there were some
so it will be something different. Mr. Broce
the development of a new park. He is more
will
asked how many are moveable.
stated 39. But, they are looking to find attractive
13
would have smaller set backs, narrower streets and a mix of units. Such a
neighborhood could have upwards of 18 dwelling units per acre. A couple of
months ago he attended a conference where he saw sixteen dwelling units per
acre. It was a mixture of units and allowed for plenty of parking and open
space. Ultimately, staff does not believe three massive units and the
parking lot are inconsistent with what they would like to see for this area.
As a result of the findings and the criteria, staff is recommending denial.
The design of this particular configuration of the three large buildings
with 24 units per building is not in harmony with the environment. The
planning commission recommended approval at their August 7, 1996 meeting with
conditions. The Staff findings were modified. The planning commission did
ask staff to express their pleasure with the proposal and the relocation of
the residents. Mr. Clarkson stated there are 10 findings recommended by the
planning commission.
Chairman Gates asked how it could be redesigned.
Mr. Clarkson stated he thinks it can be done with a mixture of units
with alleyways, some duplexes, narrower streets, parking on the streets. He
thinks this site can be designed in a manner where it will not have the
industrial feel for it.
Commissioner Johnson asked about the neo-urban type of project and if
the costs would be consistent.
Mr. Clarkson responded he has no idea as he has not done any type of
cost evaluation. The on street parking would be for a private drive rather
than public.
Steve Isom, Isom & Associates, stated the site is too small to do that
kind of use. He discussed the requirements for parking, one acre per 100
cars. The size of these is 20 spaces shorter than Eagle Villas.
Commissioner Phillips asked to see the building sketch.
Mr. Isom discussed the types of building materials to be used. The
intent is to break up the massiveness. They feel these are very compatible
with the surrounding areas.
Ms. Kovacavich stated the housing task force has been looking at numbers
county wide. They came up with numbers based on medium income families. An
affordable sale is $164,000. In Eagle County there is a housing need ranging
from low end $30,000 to $200,000. They have concluded there is a need for
about 2000 units between now and the year 2000. If they can come in at
$165,000 they are hitting right in the middle. The units may not be the most
desirable but the need is there. She questions a mixture in units is not
necessarily the best either. She believes this is a housing development that
will meet the needs of Eagle County. Mr. Broce did look at putting together
a project as staff has recommended but they did come in at a higher rate.
Chairman Gates opened the meeting to public comment.
Beth George, a resident homeowner at Lone Pine, presented a statement
from the homeowners. They have determined that relocation into Lake County
is not possible for 36 of the 39 units. She explained. Lake County's
Resolution has determined any trailers that are not HUD certified or built
prior to 1975 are not allowed. She stated this is the same problem within
Eagle County. They are asking the Board to table this right now. Their
first meeting with Mr. Broce is August 27. They are understanding of the
facts that Mr. Broce has no legal obligation. They are not dragging their
feet. They have put in over 300 hours to try to resolve the problems. They
have 39 families that have no where to go in this county. The mobile home
parks in Eagle County are full. The rentals are either to full or
prohibitively expensive. They would like to ask for extra time for legal
council and they are greatful. His offer is that he will pay $5000 to the
14
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
attorney upon settlement. This affords each homeowner less than ten minutes
for legal council. They are attempting to get an attorney on their own. The
homeowner's are asking the Board to force them from Eagle County. They have
a bunch of ideas but they need more time. A two hour daily commute will
destroy their quality of life. She listed their basic needs. Time being the
greatest thing they need. They are asking the Board for their compassion.
If approval is given today, Mr. Broce has no obligation to them.
Chairman Gates asked how long they would need for tabling.
Ms. George stated since they have not talked with Mr. Broce, they do not
know if there is time possible. Ms. George stated the housing situation is
very dynamic. They have located people to purchase their trailers and
provide trade ins. They are looking at individual lots and it will take time
to put financing into place for these individuals.
Ms. Kovacavich stated she can answer the questions and did so at the
homeowner's meeting. These are the same problems that faced those at Avon
Station. If the homeowner's don't feel comfortable with Mr. Chandless, they
may want to get their own Attorney. As far as time frame, they are talking
about a March to April date. There is at least a six month period to resolve
the issues. Part of the frustration on both sides is that they have not all
been together to meet with them. She doesn't see the time concerns are
reasons for tabling the project. Mr. Broce's duty is the same today as if
they approve it tomorrow. Mr. Broce could walk away from whatever he says he
is going to do, but that would not be a wise move. Once they crack out a
contract, they will have rights to enforce that agreement. The sooner they
can get the agreement worked out, the better off they are.
Ms. Berenato stated that ethically Mr. Broce cannot put up the money to
hire an attorney for these people.
Ms. Kovacavich stated the payment to the attorney would be as damages to
the settlement agreement.
Chairman Gates asked about the expected date for the project to begin.
Ms. Kovacavich stated April 1st is the target date at best.
Commissioner Phillips asked about the package for the owners.
Ms. Kovacavich stated the mobile home owners can take advantage of this
as an incentive.
Commissioner Johnson asked if they have contacted the legal aide
society.
Ms. Kovacavich sated the residents have legal council but they want to
pay him so that he is accountable to them.
Chairman Gates asked if this provides any relief.
Ms. Green reminded the Board they are not required to look out for their
well being but they need the time to feel assured. She stated no one has
talked to them. They will get legal council, they will get their act
together, they need more time. One of the biggest concerns is that their
kids can finish school.
Mr. Isom stated they are moving from sketch plan to preliminary plan
with no guidance from the County if they should proceed. Part of their
preliminary plan will be the proposal to handle the people in the park.
Preliminary plan won't be heard for at least four months. Then they go into
final plat. What they want is guidance for the Commissioners their concept
makes sense.
G.W. Ferrar, area resident, excused himself for being late. Mr. Ferrar
has been in the valley for fourteen years and he has to work when he can. He
has been in Lone pine for fourteen years and handles a lot of events. What
15
he does is tied in with Vail and Eagle County. He is going to be out of his
home and out of his career. He stated he lives a pretty stress free life, he
lives by himself, and is a bit of a recluse. For him to afford a $165,000
home would be difficult. They are the roots of this community, the servers,
the waitresses, technicians. Places like Lone pine are great, as it allows
them to have what they want.
Chairman Gates questioned it being hard to live here but it's impossible
to move somewhere else.
Mr. Ferrar stated they have been researching and they have looked. .
Going IIdown valleyll is nearly impossible. Mr. Ferrar stated he really likes
Eagle County and he'll hate it if he has to leave. Mr. Ferrar stated he has
looked at the two mile radius around the valley.
Sheila Walch, resident of the park, read a letter from Monet Barton,
dated August 20th, 1996. Ms. Barton was told she could not continue to have
her day care or she could face eviction. She asked the Board table their
decision.
Maryanne Pacheco, a resident of Lone Pine for fourteen years, stated she
has four children that attend Eagle Valley schools. The April 1 deadline is
very difficult for them. She feels that is putting it tight. She read a
letter from Ed Rothbauer. He talked about his home burning down and then an
accident that left him paralyzed. The neighbors in Lone pine helped him out.
James Gillespie, a resident of Lone Pine, read a letter he wrote. He
moved here from Boulder. He found a trailer in Lone Pine and it had
potential. He hoped after a couple of years he could payoff the trailer and
save money. The trailer served the purpose for temporary housing for some of
his co-workers. His trailer will not move because of its age.
Glen Naugt, with Riverwalk, referred to staff's major concerns and
issues. The item was Riverwalk. Mr. Naught stated at this point in time
there has been no proposal with Mr. Broce and no agreement on his part.
Brian Wedell, speaking for the Reserve, stated they are in support of
the development because it will assist with some of the housing needs. They
are concerned with the pedestrian bridge and they would like to have further
discussion with the applicant. They see it as being a bridge to nowhere. If
there is to be a pedestrian path, then perhaps it would be appropriate.
Chairman Gates asked if any concern was given to the fact the people of
Lone Pine have to move.
Mr. Wedell stated he understands the concerns but they believe the time
frames proposed are adequate.
Chairman Gates closed public comment.
Mr. Isom stated this has been a tough process and alot of meetings have
taken place to put this proposal together. All are very concerned about the
impacts on Lone Pine, but they need some guidance from the Board so they can
go ahead and work out the details.
Commissioner Johnson asked how many kids live in Lone Pine.
Ms. Green said they have 136 residents with 25 or so being kids.
Commissioner Phillips asked if there is a planning commission
recommendation.
Mr. Clarkson stated it is at the top of page 9.
Commissioner Johnson stated he does not see the open space as being in
conformance with their regulations at this time.
Commissioner Johnson moved to table file number PD-353-96-S, Mountain
Shadows Condominiums for a period of no more than three months.
Commissioner Phillips seconded the motion for discussion.
In discussion, Commissioner Phillips stated she feels the theory is
right and the sketch plan looks good. They really don't have a reason to
16
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
worry about the people, but she feels the people need some time. She asks
that consideration be given to the date so that an after school finish date
would be available.
Commissioner Johnson spoke to the definition of community. He also
spoke to the continually decreasing number of employee housing units.
Chairman Gates assured the residents they are concerned.
Paul Clarkson asked for clarification on the motion and the expectations
on staff and the applicant.
Commissioner Johnson stated Staff should try to find additional open
space perhaps through an agreement with Riverwalk. Since there is no
discussion at this point in time, that should take place. Perhaps this could
allow for reconfiguration of the site. Commissioner Johnson asked if this
should be tabled to a date certain.
Mr. Clarkson responded yes. He also stated that having these same units
may confine the building.
Mr. 1som stated they must have a decision within thirty days.
Mr. Broce said he can't be going month by month.
Ms. Kovacavich stated a shorter period will make them
don't believe ninety days is needed to address the issues.
care of those in a thirty day period.
Commissioner Johnson amended his motion to table this application to
September 17, 1996.
Commissioner Phillips seconded the amendment. The vote was declared
unanimous.
Chairman Gates called for the question on the motion. The vote was
declared unanimous.
move faster. They
They can take
There being no further business to be brought before the Board the
meeting was adjourned until August 26, 1996.
-4;~:- ~-p ~
Chair n
17