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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 1 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. 2 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. 3 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. , .."~n~'n 'i ~--"""'"v", t)," , "'.... "'~a"dl , I ,/t; :""';' " ''"':~ ""'t ,"~1'~( ',~ ~ " ~ l 'l'~~~>f ,o<~ :l!l',~ .} \~~;;~f Attest:_IL-Q hiL Clerk to the Board ~1::nJtIJSJI~ 4 .