HomeMy WebLinkAboutMinutes 12/17/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
DECEMBER 17, 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
Kathy Eastley, Planner, presented the following plats for the Board's
signature:
5MB-00030, Berry Creek Ranch, Filing 2, Block 4, Lot 18. She
stated this was a Minor Type B Subdivision, a duplex split of Lot 18 to
create Lots 18E and 18W. This plat does contain a Duplex Split Caveat.
Commissioner Johnson moved to approve final plat, file number 5MB-00030,
Berry Creek Ranch, Filing 2, Block 4, Lot 18.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
5MB-00036, Highland Meadows, Filing 2, Lot
a Minor Type B Subdivision, a duplex split of Lot 21
21W. This plat does contain a Duplex Split Caveat.
discussion regarding the location.
Commissioner Phillips moved to approve final plat, file number 5MB-
00036, Highland Meadows, Filing 2, Lot 2l.
Commissioner Johnson seconded the motion. The vote was declared
21. She stated this was
to create Lots 21E and
There was a brief
unanimous.
TC-00005, Cordillera Subdivision, Filings 1 & 2, Lot 51. She
stated this was a Correction Plat with the sole intent of changing the
address of Lot 51 from Cordillera Way to the current access point on Casteel
Ridge.
Commissioner Johnson moved to approve the correction plat, file number
TX-00005, Cordillera Subdivision, Filings 1 & 2, Lot 51.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
ZS-00002, Blue Lake Community Center
Paul Clarkson, Planner, presented file number ZS-00002, Blue Lake
Community Center. He stated this was a request for a Special Use Permit to
allow for professional office use. He stated this application is in direct
response to the need to move the Clerk of the Court's office from Basalt to
this location. The application, however, is for other professional offices
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including attorneys, accountants, clinical staff, etc.
Present today was Peter Delaney who stated the location has been mostly
vacant for over a year. It was built with the intention of it being occupied
and generating income for the association. It has cost the homeowner's
rather than having been an asset.
Chairman Gates asked if it is part of the community center.
Mr. Delaney responded it is next door.
Mr. Clarkson stated when the PUD was approved in 1993 on these lots, 4.5
acres, the Basalt Realty office was there. A couple of year's ago the
applicant presented this as a use by right. Staff had concerns at that time
and recommended denial. The Planning commission and the Board agreed for it
to be a special use. It was pointed out that these types of uses are
appropriate and the types of uses could be of great service to those 350
families living there. They believe there are home operated businesses and
those people will be encouraged to move in. There was a concern with
traffic, but there are many people to serve. The applicant did propose a
number of conditions for approval and the Planning Commission embellished
that. Mr. Clarkson reviewed the concerns. Staff recommended approval with
the following conditions:
1) No retail sales of any kind
2) No manufacturing or warehousing
3) Use hours are limited to 7am to 6pm
except tenants may accept clients at other hours
4) Tenants are prohibited from holding
promotions or parties open to the general public
amounts of traffic
5) The use
their clients only.
vehicles
Monday through Saturday,
by appointment only
special events such
which would promote
as sales
large
of the parking lot is restricted to the tenants and
There shall be no overnight parking or storage of
6) There shall be no loud noises in excess of 80 decibels or
special lighting of any kind
7) Signage shall be subject to approval by the Blue Lake Owners
Association, limited in size to the existing signs square footage and shall
not be illuminated
8) There shall be no expansions to the building nor shall the floor
area be increased.
Commissioner Johnson stated he believes there are some community uses
within this facility and the Blue Lake Community as a whole. He questioned
the real estate office being appropriate.
Mr. Clarkson questioned removing the requested listing of real estate
offices?
Commissioner Phillips stated when that was there it was the sales office
for Blue Lake. It was part of the subdivision and she questioned whether it
caused a problem.
Mr. Clarkson stated it is in the property owners best interest to keep
any detrimental business away.
Commissioner Johnson stated there is a difference between servicing a
need and a business.
Peter Delaney stated the main benefit is to get some income from it.
When the property was conveyed to them, they understood they would have the
income available. He stated each time they had a tenant, but they found out
they had to go through this process, they went away. It is their hope that
they can rent to locals who are using their homes now, an architect perhaps.
He would not like to see them drop a particular business. They are not
looking to have any kind of retail or pocket commercial.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEt.:S 387869
Commissioner Phillips asked if the reason they are going through this
now is to accommodate the County Court?
Mr. Delaney responded the PUD allowed for that because it is a need of a
public nature. The clerk needed an office and that is what prompted this.
He stated he would like to try to look to the potential tenants when the
County moves out, for professional businesses. There are four small offices
surrounding a meeting room. The offices are not that large.
Chairman Gates suggested the homeowner's association will be the best
control possible.
Mr. Delaney stated in terms of the community, it services it very well.
Commissioner Johnson asked about condition #3 and Sunday being
restricted from use.
Mr. Delaney stated the whole idea was to service the neighbors and
giving them a full day off from any traffic.
Commissioner Johnson asked if there was a difference between Saturday
and Sunday. He stated he would like to see the hours limited 7:00 a.m. to
6:00 p.m. without naming a day of the week.
Chairman Gates agreed to strike the days restriction.
Ms. Berenato stated under #7, the signage should be approved by the
Board of Directors of the Homeowner's Association and not the entire
association.
Commissioner Johnson read the request and the "such as" statement. He
asks if it limits any other offices.
Commissioner Phillips stated she believes those are examples.
Mr. Delaney stated it is difficult to list them all.
Ms. Berenato suggested adding "such as but not limited too".
Mr. Delaney asked if the Dr.'s offices could be written.
Chairman Gates stated it would be included but could be listed.
Mr. Delaney stated he would leave it up to them.
Commissioner Johnson asked if he can rent the space for a barber shop.
Mr. Delaney stated he would consider a barber shop to be retail.
Mr. Clarkson questioned whether a hair salon would be appropriate. He
suggested no retail sales or service.
Commissioner Johnson asked for the differential.
Ms. Berenato stated a barber shop is a professional service. She
suggested it be monitored by them.
Chairman Gates suggested they may be getting too specific.
Commissioner Johnson asked which services other than retail sales will
be allowed.
Mr. Delaney stated as soon as you get into examples, it is difficult.
He stated he would like to list the restrictions but those would be difficult
to judge. With the Board making the decision, hopefully they will make the
right choice. We can monitor the use.
Discussion continued on the proposed uses.
Commissioner Phillips moved to approve file number ZS-00002, Blue Lake
Community Center, with the conditions as read by Staff and incorporating
Staff findings and the modifications being the addition of condition #9
adding Dr.'s office, "such as but not limited to" and the that if the use is
outside of what is considered appropriate use by staff, that it will come to
the BOCC, #3 restricting the days of the week, #7 to include Board of
directors.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
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PD-331-96-F, Eagle Valley Health Center
Paul Clarkson presented file number PD-331-96-F, Eagle Valley Health
Center. He stated this was a request for a final plat. The final plat
proposal is for a phased development health care facility including
professional offices for medical services, dental services and
counseling/social services, non-clinical hospital departments such as
administrative, clerical, accounting and purchasing, the EagleCare Medical
Clinic, material storage and laundry, assisted living for the elderly and
other rehabilitation patients, day care facilities, pharmacy and satellite
laboratory and employee housing. An SIA is included with this application
and the attorney's office has payment. Staff has the check for the School
Land Dedication fee. Staff and the applicant have meet with DOW and a check
has been prepared for them. Staff recommended approval.
Commissioner Johnson moved to approve file number PD-331-96-F, Eagle
Valley Health Center, incorporating Staff findings and incorporating the SIA
for the same.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-160
Allen Sartin, Director of Finance, presented Resolution 96-160,
regarding the 1997 Fiscal Budget Mill Levy. He explained the resolution to
the Board. He stated the aggregate mill levy is 8.937 and has remained
constant since last year.
Commissioner Phillips moved to approve Resolution 96-160, 1997 Fiscal
Budget Mill Levy.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Certification of Mill Levies
Mr. Sartin introduced Christine Sasse to the Board.
Commissioner Phillips questioned why they don't go through each of these
on the record.
Mr. Sartin stated the document is part of the record. He stated with
the passage of Amendment 1, they have no legal right to oversee the accounts.
It is up to each district to monitor the activity.
Christine Sasse, Controller, presented the certification of mill levies
for the Board's review and signature. She explained the mill levies to the
Board.
Commissioner Johnson moved to approve the certification of mill levies.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
There being no further business to be brought before the Board the
meeting was adjourned until December 23, 1996.
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