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HomeMy WebLinkAboutMinutes 04/26/99 PUBLIC HEARING APRIL 26, 1999 Present: Johnnette Phillips James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: Tom Stone Commissioner This being a scheduled Public Hearing the following information was presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Phillips stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of April 26, 1999, subject to review by County Administrator B) Approval ofthe minutes ofthe Board of County Commissioners meeting of April 12, 1999 C) Resolution 99-061 and Power of Attorney conferring authority on Attorney's Office to draw on Letter of Credit No. S800292 in the amount of $6,297.50, for Kevin & Tammy Tucker, El Jebel Gas & Tire, to expire 4-28-99 D) Third Amendment to Subdivision and Off-Site Agreement for Homestead Subdivision, Filing 3 E) Resolution 99-062, authorizing the Road & Bridge Supervisor, Brad Higgins, to enter into Eagle County Road Adoption Agreements on behalf of the County F) Letter to Michael Mottice, area manager, BLM, re- amended acreage proposal, Eagle County/BLM land transfer G) Agreement between Airborne and Eagle County Commissioners to provide entertainment at the 1999 Eagle County Fair Benefit on may 1, 1999 H) Bid Award, 1999 Rap Material Haul Agreement for approximately 12,000 tons to Harry's Heavy Haulers, Rifle, Colorado I) First amendment to Intergovernmental Agreement regarding road maintenance between Eagle County and Routt County J) Resolution 99-063, terminating the Eagle County Airport Declaration of Protective Covenants. Commissioner Johnson asked to table item B to the next regularly scheduled meeting as he has not had a chance to read those. Chairman Phillips concurred. Commissioner Johnson requested the Board ask the employees to observe a moment of silent reflection at 2:00 for the Columbine tragedy. Chairman Phillips stated that would be something she would agree to as well and asked that word get out through e-mail. 1 04-26-1999 Commissioner Johnson moved to approve the consent calendar as presented tabling the minutes to the next meeting. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone is out of town. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00171. Lot 48. Berry Creek Ranch, Filing No.2. He stated this was a Minor "Type B" Subdivision, a resubdivsion of Lot 48 to create two lots, Lot 48 N and Lot 48 S. This plat does contain a duplex split caveat stating that only one (1) two-family residence may be build on the combined area of the two lots. Commissioner Johnson moved to approve final plat file number 5MB-00171, Lot 48, Berry Creek Ranch, Filing No.2, incorporating staff findings. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 5MB-00172. Lot 30. Berry Creek Ranch, Filing No.4. He stated this was a Minor "Type B" Subdivision, a resubdivsion of Lot 30 to create two lots, Lot 30 A and Lot 30 B, along with an access and utility easement for both lots. This plat does contain a duplex split caveat stating that only one (1) two-family residence may be build on the combined area of the two lots. Commissioner Johnson moved to approve final plat file number 5MB-00172, Lot 30, Berry Creek Ranch, Filing No.4, incorporating staff findings. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 5MB-00173. Lot 6. The Homestead. Filing No.2. He stated this was a Minor "Type B" Subdivision, a resubdivsion of Lot 6 to create two lots, Lot 6 A and Lot 6 B, along with an access easement for both lots. This plat does contain a duplex split caveat stating that only one (1) two-family residence may be build on the combined area of the two lots. Commissioner Johnson moved to approve final plat file number 5MB-00173, Lot 6, The Homestead, Filing No.2, incorporating staff findings. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Intergovernmental Agreement, Jules Drive Extension, Addendum Jim Hartmann, County Administrator, presented an addendum to the Intergovernmental Agreement dated the 9th of February, 1999, regarding Jules Drive Extension and the Eagle County Joint Vehicle Maintenance Center. He explained the agreement to the Board stating this addendum was specifically called for in the original IGA and sets forth some terms and agreements for both parties. It does define the Spring Creek Drainage improvements to be done to the east of the airport property. It does define the Jules Drive extension. It does require that upon notice and payment they will convene a right of way to the Town of Gypsum. It does require the drainage be built within a specified time period. They have delineated the additional payments, soft development costs, to be calculated according to the Town's codes and regulations. He stated it is on the Town of Gypsum's agenda for tomorrow and they will hopefully have the exemption plat approved as well. 2 04-26-1999 Commissioner Johnson moved to approve the Addendum to the Intergovernmental Agreement, dated the 9th of February, 1999, regarding Jules Drive extensions and the Eagle County Joint Vehicle Maintenance Center. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Cordillera Golf Club Earlene Roach, Liquor Inspector, presented a managers registration for Mic Warner, GEMSA Corporation, dba/Cordillera Golf Club. She stated this application was in order and all fees have been paid. The Sheriff s Office reports Mr . Warner to be of good moral character. Staff recommended approval. Rick Rosen, Attorney representing the applicant was present and Mic Warner, manager, was also present. Commissioner Johnson asked Mic how long he has been in the liquor business. Mr. Warner stated he has been in the business for about fifteen years. Commissioner Johnson asked ifhe has been in a liquor managing capacity. He stated he has at Cordillera. Commissioner Johnson asked if this operation is seasonal or year round. Mr. Warner explained it is somewhat seasonal but that employees work there year round. Commissioner Johnson asked about TIPS training. Mr. Warner stated they have two in house TIPS trainers. Commissioner Johnson moved to approve the managers registration for Mic Warner, GEMSA Corporation, dba/Cordillera Golf Club. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Wolcott Market Earlene Roach presented a change in corporate structure and a modification of premises for Wolcott Market, Ltd, dba/Wolcott Market and Wolcott Liquors. She stated the change in corporate structure eliminates Tim Farley from the Limited Partnership. Staff recommended approval. As for the modifications, the applicant has remodeled their establishment to close off the liquor store from the grocery store and added a counter to allow individuals to eat their sandwiches in the store. These modifications have already been completed. Ms. Roach stated from this point forward the applicant must first apply for the modification before making any changes. Staff recommended approval. Commissioner Johnson moved to approve the change in corporate structure for Wolcott Market, Ltd, eliminating Tim Farley from the partnership. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson moved to approve the modification of premises for Wolcott Market, Ltd, dba/Wolcott Market. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared 3 04-26-1999 unammous. Chairman Philips said the changes look nice. Commissioner Johnson spoke to a visit he made there last fall and was informed that the liquor store was closed at 9:00 p.m. as a requirement of the liquor license. He asked that Jan Jouflas, owner, inform her employees that it is a matter of store policy and not a requirement of the license. Commissioner Johnson moved to approve the modification of premises for Wolcott Market, Ltd, dba/Wolcott Liquors. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson moved to approve the change in corporate structure for Wolcott Market, Ltd, dba/Wolcott Liquors eliminating Tim Farley from the partnership. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Jan Jouflas explained some of the changes to the Board. Mulligans at Eagle-Vail Earlene Roach presented a change in corporate structure for Eagle-Vail Metropolitan District, dba/Mulligans at Eagle-Vail. The applicant is adding Walter Allen and Clark Shively to replace Jacob Geller and Roger LaCroix. Tom McNeill, manager, was present representing Mulligans. Ms. Roach stated this application is in order and all fees have been paid. The Sheriff s Office reports both applicants to be of good moral character. Staff recommended approval. Commissioner Johnson moved to approve the change in corporate structure for Eagle-Vail Metropolitan District, dba/Mulligans at Eagle Vail adding Walter Allen and Clark Shivley who replaces Jacob Geller and Roger LaCroix. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. G-00006, Vacation of Public Way, Eagle Crest Drive and 1041-0017 Lake Creek 1041 Tank Amendment John Venegrin, Engineering Department, presented file number G-00006, Vacation of Public Way, Eagle Crest Drive, Lake Creek Meadows, Lot 22, Block 6. He suggested the two files be heard concurrently. He stated this was a petition for vacation of a portion of Eagle County Road No. LC-5, also known as Eagle Crest Road. The purpose of the vacation is so the owner of the property can construct a water tank. He stated this has been advertised and was heard by the Planning Commission and they added a condition to those recommended by staff. With that addition, the Engineering Department finds the application in order. He read staff findings as follows for file number G-00006: The following findings are germane; 1) The request for vacation conforms to Section 5-2200 of the Eagle County Land Use Regulations, effective January I, 1999; 2) Public notice was given and comments were received and evaluated pursuant to the Eagle 4 04-26-1999 County Land Use Regulations, effective January 1, 1999; 3) Referrals were given and comments were received and evaluated pursuant to the Eagle county Land Use Regulations, effective January 1, 1999; 4) the proposed application does benefit the needs of a public agency and will provide for services to the public without significant damage to the responsibilities of Eagle county. Staff recommend the application be approved with the conditions 1, 2, and 3 found on page 5 of staffs report as follows: 1) The 20' utility easement which parallels the south lot line of Lot 22 must be extended to the new right-of-way line created by the vacation. 2) A quit claim deed and resolution, along with a construction easement and an access/utility easement, must be recorded prior to the vacation being considered effective. 3) Approval of File No. G-00006 is contingent upon approval of File No. 1041-0017, Lake Creek Tank 1041 Amendment, by the Eagle County Board of County Commissioners. Commissioner Johnson asked about condition #4 under item VII of staffs report. Bob Loeffler, Deputy County Attorney, stated that was the case unless the 1041 was not approved. Staff recommended approval. Tambi Katieb, Environmental Policy Planner, presented file number 1041-0017 Lake Creek 1041 Tank Amendment. He stated this was a request to amend Permit No 1041-0017 to move the water tank 10 feet. Mr. Katieb stated the proposal is to replace a leaking tank. The approved new tank is expected to increase fire flows and provide an adequate water supply to district users. Since that approval, the District has revealed through engineering and grading design that the burden of placing the tank in it's entirety on the private property in question would produce a visual impact to the lot that was unacceptable. This application seeks to situate a small portion of the tank in an Eagle county Right-of- Way to lessen the impact on the Meadows Subdivision. It should be noted that a petition for vacation of the affected right-of-way has also been submitted, and that this approach was originally encouraged by the County Engineer at the time of the permit approval last year. He spoke to the referral responses. They have no concerns or issues and find the amendment in compliance. He read staff findings as follows: In accordance with Section 6.04.15 of the Eagle County Land use Regulations, and as more specifically described in the application for the Lake Creek metropolitan District System Tank Amendment; a) This extended water system, as proposed, will result in proper utilization of the water supply and wastewater systems for the development; b) The proposed development does not conflict with the Eagle County master Plan, the Eagle County Open Space Plan, or other applicable Regional, State or Federal land use or water plans; c) The proposed development does not adversely affect either surface or subsurface water rights of upstream or dOWflstream users; d) Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; e) Existing water store systems in the region are at or near operational capacity, and originally designed to serve only their respective developments. Additionally, water f) Existing systems are near capacity, or with little capacity which would require prohibitive costs to the feasibility of the proposed project; g) The scope and nature of the proposed development will not compete with existing water or sewage services; h) Replacement is warranted by the applicant; i) Area and community development and population trends demonstrate clearly a need for such development; 5 04-26-1999 j) This permit application does not propose a new wastewater treatment plant k) All easements required for proposed water and sewer systems servicing the Lake Creek Metropolitan District are on property owned by a private property owner in the district, or public property which is being for the benefit of this amendment; l) The benefits of the proposed domestic water storage system outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the project; m) The proposed development will not decrease the quality of peripheral dOWflstream surface or subsurface water resources below that designated by Colorado Water quality Control Commission as established on May 22, 1979, or more stringent standards subsequently adopted if non-point source water pollution control techniques are property implemented; n) The proposed development and its associated collector system will not violate Federal or State air quality standards; 0) The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic historic or archaeological importance if the construction is in accordance with the application submitted; p) The proposed development will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors if the construction is in accordance with the application submitted; q) The proposed development will not create an undue financial burden on existing or future residents within the development area and the source development area, since all project facilities will be paid for by the owner of the proposed development; r) The development site of the proposed water and sewage system extension is not subject to significant risk from earthquakes, floods, fires, landslides, avalanches, rock slides, or other disasters which could cause a system operation breakdown; s) The proposed development and associates distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; t) The construction of structures, building and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area. In accordance with Section 6.05.15 of the Eagle County Lane Use Regulations, approval of the Permit application; a) The need for the proposed water system can be substantiated based on historic growth rate and current water system deficiencies; b) The proposed development does not conflict with the Eagle County Master Plan, the Eagle County Open Space Plan or other applicable Regional, State or Federal land use or water plans; c) The proposed project will, through its water conservation plan and associated protective covenants, implement policies and practices that will assure the efficient utilization of water resources delivered through the domestic water system, as well as the efficient use of water. The potential to pollute aquifer recharge areas was not identified as a potential problem; d) Provisions have been proposed to insure that the proposed water project will not contaminate surface water resources; e) The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; f) Any disturbances to the water resources would be temporary in nature, for the most part, represent sedimentation due to runoff from disturbed soils. Once construction is complete disturbed soils would be reclaimed and re-vegetated; 6 04-26-1999 g) The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas, recreational areas, and unique areas and unique areas of geologic, historic or archeological importance; h) the construction of structures, buildings and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; In accordance with Section 2.09.04 (3) of the Eagle County Land Use Regulations, approval of the Permit application; a) The applicant has requested a waiver of the special use permit requirements, as such application would serve no further legitimate planning, zoning or other land use objective Staff recommends approval with two conditions with the second condition being removed if the vacation is approved: 1) Best Management Practices for erosion and sediment control shall be installed and maintained during the construction of this water tank. Erosion and sediment control plans, which specifically address installation and maintenance of control structures, shall be submitted for sufficiency review, to the Eagle County Environmental Health and the County Engineer prior to any disturbances on site. Commissioner Johnson asked why the County Engineer is recommending approval of the 1041 before the vacation. Mr. Venegrin stated that was a Planning Commission request and he stated if they did the vacation before the right of way, they would be out a portion of the right of way. Anne Hubner, applicant, was present for the hearing. Commissioner Johnson referred to the letter written by Steve to Tambi. Mr. Venegrin stated it is logical to approve the 1041 first because if it is not approved, there is no reason to vacate. Commissioner Johnson moved to approve file number 1 041-00 17 Lake Creek 1041 Tank Amendment, incorporating staff findings and their two recommendations. Mr. Loeffler asked about the request to submit the plans to the County Engineer and Environmental Health. He asked what they intend on doing with them. He suggested the submittal be made and approved for sufficiency. Commissioner Johnson stated the plan should be sufficient to meet the best management plans. He suggested it would be another approval process. Mr. Loeffler stated if it is important to submit it, it i~jalpQrtant for a reason. Commissioner Johnson stated if this is important for this type;of development, it should be in the regulations. ::. ' Chairman Phillips asked if they have been submi~ed. .! ,.,. ,. Mr. Katieb stated he thinks they have been prepareg,.J;?Mt!V:l.Ve not been reviewed. Commissioner Johnson asked what is the purpose of the condition? He suggested if they submit an insufficient plan, what will be done? Are there any teeth to the plan or to the condition? Mr. Loeffler asked what they will do with the plan. Mr. Katieb stated they would review it for sufficiency and if it is not, they would want it to come back. He suggested it could be tied to the building permit. Mr. Katieb stated they could work out a condition prior to the signing of the resolution. Mr. Loeffler suggested they will review the plan to see if it is acceptable. He suggested it be prior to any disturbances on site. 7 04-26-1999 Chairman Phillips asked about #2. Mr. Loeffler stated it would stay because the 1041 is being done first. Commissioner Johnson amended the motion to change condition #1 on the second line from the bottom after the word submitted to insert the words, for sufficiency review, and then continue on. Chairman Phillips asked if it would come back before the Board. Commissioner Johnson stated if it is insufficience, they will have to make it sufficient. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson moved to approve file number G-00006, Vacation of Public Way, Eagle Crest Drive, lake Creek Meadows, Lot 22, Block 6 incorporating staff findings and conditions 1 and 2 as submitted. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Staff reports for file numbers G-00006, Eagle Crest Drive and 1041-0017, Lake Creek 1041 Tank Amendment are attachments to the minutes. There being no further business to be brought before the Board the meeting was adjourned until May 3, 1999. Atte~4: () Cler to the Board 8 04-26-1999