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HomeMy WebLinkAboutMinutes 08/30/99 PUBLIC HEARING AUGUST 30, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney 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: Consent Agenda Chairman Phillips stated the first item before the Board was the consent agenda as follows: A) Approval of bill paying for week of August 30, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of August 16, 1999 C) Change Order Number 1 to the 1999 Overlay Contract D) Change Order No.1 to the 1999 Centerline Marking Contract E) Resolution 99-144 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 1294 for Sopris Mesa Subdivision, in the name of 1.N.M. Missouri Heights, Inc. in the amount of$396,826.33, to expire August 31, 1999, drawn on Pitkin County Bank & Trust in Aspen F) Resolution and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No. 45 for Eby Creek Subdivision in the amount of $5,000, to expire September 1, 1999 G) November 2, 1999 Intergovernmental Agreements for General Election. Commissioner Stone asked Brad Higgins, Road & Bridge Director, about the change orders, items C & D. Commissioner Johnson stated in the past staff has told the Board the liability of having speed bumps on the roads. He stated Road and Bridge has a concern with snow plows. Mr. Higgins stated the change order is moving from six to seven. He understood that rather than the rumble strips they were going to try the speed bumps in Homestead. The rest of the change order is on Lake Creek Road. Mr. Higgins stated he recalled the discussion and this was considered a next step. He stated the proposed strips are not exactly bumps but a platform. Commissioner Stone asked when this was signed. Mr. Higgins stated a year ago. Commissioner Stone stated he assumed the bumps were in the original contract and thought it should have been caught a year ago. He questions if it was a decision that was made after discussing it with the various entities. Mr. Higgins stated that was the direction he received from Mr. Roussos and believes they are actually working pretty well. Commissioner Stone asked about the increased costs otherwise. Mr. Higgins stated it is because of increases in depths and widths once on the job. He stated he 1 08-30-1999 is still below budget. Bob Loeffler, Deputy County Attorney, stated item F can be pulled. Chairman Phillips asked about the costs of elections to the entities taking part in the County 1999 mail ballot election. Sara Fisher, County Clerk & Recorder, explained the formula and the fact the specifics can't be known until the number of entities and questions is known. She stated they are signing the Intergovernmental Agreements, agreeing to the formula. Commissioner Johnson spoke to the minutes stating on page 12, the item was withdrawn because staff was able to work out the issues with the applicant. He would like that noted. Chairman Phillips stated she was not present on the August 16 meeting and will not be voting on the minutes. Commissioner Stone moved to approve the consent agenda pulling item F and withdrawing item B. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve item B with the changes as made by Commissioner Johnson. Commissioner Johnson seconded the motion. Commissioners Johnson and Stone voting aye, Chairman Phillips abstained. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 99-145.1041-0020. Ten Peaks Mesa / Pleasant Vallev Ranch. He stated this was a resolution to approve the permit to construct a major new domestic water treatment, storage, and distribution system for the Ten Peaks Mesa Subdivision and Pleasant Valley Ranch. The Board considered this file on August16, 1999. Commissioner Johnson moved to approve Resolution 99-145, file number 1041-0020, Ten Peaks Mesa/Pleasant Valley Ranch. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99~146. ZS-00049. Gypsum Point Telecommunications Site Expansion. He stated this was a resolution to approve the special use permit to expand the existing Gypsum Point Telecommunications site. The Board considered this file on June 28, 1999. Commissioner Stone moved to approve Resolution 99-146, file number ZS-00049, Gypsum Point Telecommunications Site Expansion. Commissioner Johnson seconded the motion. The vote was declared unanimous. Revocation of Special Use Permit, ZS-396-96 Rudy Zitti and Ron Sommerhause, Code Enforcement Officers, presented a revocation of a Special Use Permit, file number ZS-396-96. He stated the original permittee was Randy Scott Cole. The user is Eagle Rock and Stone. He reviewed notifications for the Board as follows: Notification: Eagle County Code Enforcement received a complaint on 07/26/99 that there may be a violation of Special Use Permit # ZS-386-96. The original applicant was Mr. Randy Scott Cole who obtained a Special Use Permit to harvest landscape rock from the property described below. The property and harvesting operation was recently sold (March '99) to Richard Craig d/b/a Eagle Rock and Stone who wishes to continue using this SUP and/or expand operations. Parcel Description: 30.48 acres located at 5025 US Hwy 24 between Redcliff and Camp Hale, mile markerI57.2. The property is on a patented mining claim known as the "Badger State Mine", in the 2 08-30-1999 Horn Silver Mining District dating from 1886. (USMS4335) The site is zoned "Resource", and a single family dwelling unit is on the site. It is surrounded by US Forest Service land, accessed via Highway 24 by means of a Forest Service easement and State Highway Department access permit. Resume/History: The property was owned by Eileen Wilson of 2968 W. Ina Rd #284 Tucson AZ, Mr. Cole had power of attorney. (Wilson and Cole are believed to be related). In March, 1999 the property was sold to Richard Craig d/b/a Eagle Rock and Stone. Richard Craig is the current owner. Troy Jackson is the company representative. Address: Eagle Rock and Stone, Box 966 Edwards, CO 81632 Phone 376-4413 INVESTIGATION: Code Enforcement file # 191-99 and Adapts Enforcement # 9907-00413 were assigned to this investigation. Case was assigned to Rudy Zitti and Ron Sommerhause. The following information was compiled: A. General Description of Special Use Permit # ZS-386-96: Refer to Exhibit A. ProDosal from Randv Scott Cole and Application for SUP Remove rock from an existing Talus slope on applicants (Wilson/Cole) property. Rock will be removed from what is described as natural slides to a depth of approximately one (1) foot and the angle ofthe slope will not be changed. According to the applicants proposal...There are references with respect to Vegetation and Soils, Geology, Hydrology, and Wildlife- no disturbance or disruptions to the natural landscape or environment were indicated when the application was made or when the reports were submitted. The parcel is 30.48 acres, the area of work will encompass approximately 4 acres. B. Refer to Exhibit B. "Declaratorv Order" from Division of Minerals and Geologv: Mining was never an aspect of this proposal as the original applicant (Cole) represented to Colorado Minerals and Geology, based on that representation they determined that Mr. Cole did not require a Reclamation Permit and issued a "Declaratory Order" stating that a mining permit was not necessary for this type of operation. Therefore, no Reclamation Bond was required. He stated that was a major part of his application to the planning commission. C. Refer to Exhibit C. Copy of Minutes public hearim: dated June 18. 1996 On June 18, 1996 this SUP was approved by the Board of County Commissioners. *Note, see minutes of hearing condition # 4 All material representations made in this application shall be considered as conditions of approval. SITE INSPECTION: On 07/26/99 and 07/27/99 Ron Sommerhause, and I were present at the site and observed the following: Commissioner Johnson asked to see the photos in color. They were passed to the board. Commissioner Johnson stated it is difficult to discern what has been disturbed in the black and white photographs. A. Refer to Exhibit D. Copies of Photographs of Area. (Originals available at hearing) Page 1, Photo 1 - A dwelling located on property at the end of driveway off ofHwy 24- Excavation in front portion of residence, bermed to about 2 or 3 feet high. Par side was bermed to about 15 feet high. No vegetation present around residence. Photo 2 - Beyond the residence was a very large excavated area with a metal ramp or scale bridge about 25' long built to pass over a wet excavated area. The area had been heavily excavated into the hillside about 20 to 30 foot of embankment which extended along the ridge line for about 100 yards. Page 2, Photo 3 - Excavated area cut into side of slope about 20 to 30 feet high (loader in photo) Photo 4 - A road cut was made north easterly and climbing up into an aspen grove for a distance of about 100 yards. Photo 5 - An additional road cut was made to the south along the ridge line and through another aspen grove. This cut proceeded to the southern most portion of the site where there was damage to trees 3 08-30-1999 along the outer part of the road. Earth, stone and trees had been bermed between 4 feet and 10 feet. The road cut varied between 3 to 6 feet in depth. Page 3, Photos 6 - 7 - Overall of site, the slope and hillside upper right ridge line had been blasted. He spoke to the two trees on the right. Photo 8 - Close-up of disturbed slope from blast area tree stumps visible came from upper ridge line. Page 4, Photo 9 - Close-up of ridge line below blast area, dislodged pine trees from top of ridge line where blasting occurred. Photo 10 - Overall of ridge line with road cut into slide area. (near bottom of photo) Page 5, Photo 11 -12 - Tree damage was evident in several areas particularly along the edges of the area. Photo 13 - Road cut and tree damage through aspen grove. Page 6, Photo 14 - Road Cut with slope disruption 3 to 6 feet high. Photo 15 - Looking down on lower southern portion of site. * This is US Forest Service Land. Page 7, Photo 16 - Pallets and bermed earth and stone road cut to left all on US Forest Service Land. Photo 17 - Silt fencing was present downhill (below) the slide area. Some fencing was down or improperly installed. Information was received from the US Forest Service that their property pin had been illegally moved about 80'. Page 8, Photo 18 - overall of site from driveway below. Photo 19 - Close-up of area below site where drainage ditch has begun to stream toward Highway 24. B. Evidence: Photos: 31 photos overall were taken. Commissioner Johnson asked how long the dwelling unit has been there. Mr. Zitti responded he believes it has been there sincel987. Blastin~ Report: Yenter Companies dated 8/20/98 Chairman Phillips suggested this is much more in depth than harvesting moss rock. Mr. Zitti agreed. ACTION TAKEN: A "Stop Work Order" for Grading Without a Permit, was issued in person to Mr. Jackson at a meeting with community development on July 29, 1999. Formal written notice was sent Certified RRR mail on August 2, 1999. This action was taken to avert any further damage to the site. FINDINGS: After examining the facts obtained during this investigation it is clear that the original applicant (Cole) had violated the conditions of the issued Special Use Permit ZS-396-96. It is also evident that due to misrepresentations made to the present land owner (Craig), by the previous owner (Cole), his continued use of SUP ZS-396-96 would be beyond the scope of the originally intended use of this property and therefore: Refer to Exhibit E. CODies of ECLUR relating to Revocation of Special Use Permit Reasonable grounds exist for revocation of SUP ZS-396-96. Under Eagle County Land Use Regulations Article 7, Section 7-110, B, 1.& 2. Standards. Commissioner Johnson suggested they should probably hear from the owner of the special use permit before reviewing the findings. Commissioner Stone asked Mr. Zitti to finish his presentation. Chairman Phillips concurred. A. The permit was issued on the basis of erroneous or misleading information or 4 08- 30-1999 misrepresentation. 1. The applicant in his original proposal to harvest "Moss Rock", stated that the area of disturbance would consist of 4 acres, the operation would consist of picking rock off of the ground and soils would not be disturbed more than one foot. "There would be no subsurface extraction, only stone from slides will be removed." He stated those were natural slides. FACT: 1. The area of disturbance is major with some intrusive excavation as deep as 20 to 30 feet. 2. Tree damage and removal was evident in several areas. 3. Road cuts were not in the original proposal. 4. Blasting of the ridge line was not in the original proposal. 5. Encroachment and disruption ofUSFS land was not in the original proposal. (Intentional movement of property line pins) 6. State of Colorado Division of Minerals and Geology Declaratory Order (no mining permit) was issued under misrepresentation of fact. (Presented to CDMG on April 24, 1996) B. Violation of conditions of permit. The development violates the terms or conditions of the Special Use Permit, issued pursuant to these Land Use Regulations. FACT: 1. The terms and conditions of ZS396-96 as originally represented to and approved by the Board of County Commissioners on June 18, 1996 were violated in that this had become a mining operation which was conducted outside the scope and intended purpose of the Special Use Permit. RECOMMENDATION: Revocation of special use permit ZS-396-96 PERMITTEE OPPORTUNITY TO BE HEARD: Terrill Knight, representing the applicant, stated he was contacted about two weeks ago to try to amend the permit or bring it into compliance. He stated he has been at the site once and also has pictures from the highway. Dick Craig the recent owner of the property and Craig Jackson are present. The Stop Work Order has been in place and no work has taken place since then. Bob Young and Norm Helwig are also present today. He stated Mr. Craig owns a landscaping business and provides stone for landscaping. He purchased this land thinking he could provide the needed materials. They will not disagree there have been violations of the original permit. Mr. Craig stated he owns the property now. They got a call in February from the previous owner. They knew ofthe property, went out and looked at the site. They explained what could be done on the site. He stated he looked at other quarries around the state. He stated he looked at one in Canon City that was similar. The current owner explained that they could excavate the entire property. He stated they wanted to close in early March. He stated they did show him the property line but did not have a survey. After the purchase of the property they discovered the pin had been moved. He spoke to the scale and they moved the road to the back of the house and the excavation was extensive. He spoke to the berm and their desire to have it look as good as possible. He spoke to a call from The Colorado Department of Mining who said there was a complaint. They stopped production that day. He stated they did put up the fencing which has problems, but they have not touched anything as of recent. He stated their attorney did talk with Paul Clarkson and he thought everything was okay. Mr. Knight stated some of the discussion they have had is why mining here. He stated it was originally mined for gold and silver. Dr. Young was present and spoke to the geological site. He stated the original claims were staked in 1880. There has been a lot of mining done and there are three different tunnels. The overall reports tell of the big piles of debris. He stated there are a lot of reserves and probably ten million tons of stone that could be mined. He stated the sandstone to be mined is a quartzite. He stated it is about 5 08-30-1999 550 million years old and is the oldest rock in the area. He spoke to the history and the uplifting of the formations. He stated this is a unique place and is one where the sandstone has been preserved. He spoke to the areas where this rock is exposed along canyons and in high areas. He stated it is a rare thing. Most of the stone is on federal land and controlled by the Forest Service. This is one of the few places that is on private land. One of the reasons they were mining silver on this property is the claims cover the cliffs on the mining zone. Dr. Young spoke to the photographs and the shear zone. Commissioner Johnson stated the difference is significant and can been clearly seen in the color photographs. Dr. Young stated he has been by there and had not noticed until he was taken there for this purpose. Mr. Knight spoke to the need for this stone. The question is the violation of the permit and what they can do from here. Mr. Knight stated when these people purchased the project, the permit had been violated. Mr. Craig would like to amend the permit and to bring this into compliance. He stated they would like to take care of the public issues. The option today is to revoke the permit, leave it in place, and/or amend it accordingly which is their intention. Revoking the permit would not accomplish anything with what to do about the site. He stated they have had disturbances greater than one foot. What they would like to do is have the permit reinstated after they have a plan in place to reclaim the site. In the next 90 to 120 days they would work at bringing the site back to as close as possible when the first permit was issued. There was indeed trespass before the property was obtained by Mr. Craig. They have talked to the Forest Service who would like to see the damaged rock removed. If the permit is revoked, he doesn't know how they can do that. He needs direction as to what can be done. Commissioner Johnson stated the Board only has two options one being to revoke the permit according to the Land Use Regulations. He read from the regulations citing the findings - one being the misrepresentation and two - the development violated the terms of the special use permit. They have to find that those things didn't take place though they have admitted that they both took place. It is not a may, it is a shall. Mr. Knight asked about doing clean up without a permit. Commissioner Stone asked if they have any other powers and if they have a remedy. Renee Black, Asst. County Attorney, stated they have the power to make the person who made the reclamation problems reclaim them. She stated a new special use permit may contain the requirement to clean up the area. Chairman Phillips asked if they could revoke the permit and have them do the reclamation while they are waiting for the application of a new permit. She asked for recommendations. Mr. Zitti stated he would recommend the voluntary procedures as follows: In the interest of health and safety it is also recommended that the Board imposed the following conditions on the current property owner: 1) Remove all excavation equipment and abandoned machinery from the property. 2) Remove piles of wood pallets and uprooted trees that could become a source of rodent inhabitation and a health nuisance. 3) Properly install silt fencing where appropriate. Mr. Knight asked for a minute to confer with Mr. Craig who has conveyed they are willing to step in and do what will make it better. Commissioner Stone stated he agrees with Commissioner Johnson and that a long term solution will be along the lines of applying for a new special use permit and the concerns addressed regarding slope stability and others. He stated if they did come back for a special use permit those items would have to be addressed. They would have to put forth a good faith effort to resolve this. Mr. Knight was 6 08-30-1999 right in saying it wasn't their fault as there was some misrepresentation that took place to the new owners. Chairman Phillips asked if this could be continued to later this afternoon. Commissioner Stone stated item C has been tabled and there may be some other actions that might need to be identified. Commissioner Stone moved to continue the special use permit, file number ZS-396-96, until 2:00 this afternoon. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson asked they take a five minute break. All agreed. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous. Gashouse Restaurant Earlene Roach, Liquor Inspector, presented a show cause hearing for Gashouse, Inc., dba/Gashouse Restaurant. She introduced Ed Sands, Prosecuting Attorney. Mr. Sands introduced himself, stating he is special council for Eagle County. He submitted the Notice of Show Cause, certified mail receipts and staff report and asked they be made a part of the record. He stated next he would ask licensee to admit or deny the charges. Commissioner Johnson asked he read the charges. Mr. Sands stated it is alleged that on July 9, 1999, the manager, John McWilliams was witnessed to instruct the bartender on duty to put beer in a "to go" cup and proceeded to take said cup outside. Regulation 47-918, Removal of Alcohol Beverages from Premises; "no licensee, manager or agent of any establishment licensed for on-premise consumption shall permit the removal from the licensed premises of any alcohol beverages in sealed or unsealed containers, except for brew pubs licensed pursuant to C.R.S. 12-47-415, who sell only their own manufactured products in sealed containers for off-premise consumption." C.R.S. 12-47-901 (HI) Abetting the violation of; "It is unlawful for any person to consume malt, vinous and spirituous liquor in any public place except on any licensed premises permitted under this article to sell such liquor by the drink for consumption thereon; to consume any alcohol beverage upon any premises licensed to sell liquor for consumption on the licensed premises, the sale of which is not authorized by the state licensing authority; to consume alcohol beverages at any time on such premises other than such alcohol beverage as is purchased from such establishment; or to consume alcohol beverages in any public room on such premises during such hours as the sale of such beverage is prohibited under this article." Terry O'Conner, Attorney for the Gashouse, stated the applicant does admit to Removal of Alcohol Beverages from the Licensed Premises, Regulation 47-518 but does not admit to C.R.S. 12-47- 901 (HI). He stated the liquor license is the building and this person went into the parking lot. Mr. Sands asked if the licencee is willing to admit the allegation. Mr. O'Conner stated they do. Mr. Sands referred to the report of staff containing Ms. Roach's recommendation. Chairman Phillips asked about witnesses. Mr. Sands stated he does have witnesses but feels it is not necessary as the applicant has admitted fault. Ms. Roach spoke to the letter sent to the Irons on May 4. She spoke to the alcohol being served off of the premise. Ms. Fisher was there, she spoke to Clay Irons, it was taken care of. Ms. Roach stated 7 08-30-1999 she then sent a warning letter. She stated after the report of alcohol being taken off premise again she spoke to the John McWilliams, who admitted he took alcohol off of the premise. Chairman Phillips stated at Cinco de Mayo she saw people at Fiesta's and elsewhere moving their services outside. Ms. Roach spoke to her recommendations which were to find there had been a violation and suspend the license for a period of four days, two served and two held in abeyance. Ms. Roach stated she had received a telephone call from Deputy Flint Chambers from the Eagle County Sheriffs Office. He wanted his comments reiterated for the Board. Mr. Chambers stated he goes in the establishment alot and looks for problems. He has not found any. He related he has known the Irons for several years and they are always willing to take whatever steps necessary to assure compliance. He stated he believes they run a tight ship. He related to Ms. Roach he did not know about the problem in May and this was the second time for removal of alcohol. Chairman Phillips stated she had no knowledge ofthe May incident beforehand. Mr. Sands stated the purpose of bringing up the letter is to confirm that the applicant knew of the regulation for not taking alcohol off premise. Mr. O'Conner stated Connie and Clay Irons have held a liquor license for seventeen years. He asked Mr. Irons to speak to the facts of actually what happened. He stated they see this as a technical violation of the law and not intentional. He stated Mr. Irons will deal with the first incident. He said Mr. McWilliams will speak to the issue of that evening and the fact he went outside to direct traffic and did not plan to take the beer with him. John McWilliams stated he did take a "to go" cup with beer outside to the parking lot. He stated a car pulled in and he was giving them directions and came back into the restaurant. He stated he had a beer. He had it in a "to go" cup rather than having the patrons see it otherwise. He apologized to the Board and to Connie and Clay Irons saying they have been in the County for seventeen years. He stated it is his fault and he has ordered a copy of the liquor code as suggested by Ms. Roach. Mr. Sands noted there is a discrepancy to these facts. Tom Jenkins was present in the establishment that night. He would indicate it was a full cup of beer which overflowed when poured, that he saw the cup go outside, and when the manager returned, he did not have the beer. Mr. Jenkins was present and could relate what he saw. Commissioner Johnson stated just because it foamed over it may not have been full. Tom Jenkins stated he was eating dinner at the establishment. He explained he heard the manager instruct the bartender to give him a beer in a to go cup. He then took the beer outside and returned without the beer or the cup Commissioner Johnson asked how long he was outside. Mr. Jenkins stated a couple of minutes. He noticed him walk out with it but when he walked in without it, it caught his eye. Commissioner Johnson asked ifhe could have walked in and out and not be seen. Mr. Jenkins responded no. Mike Cacioppo, County resident, was present and stated he is a regular customer of the establishment and has never seen a violation. He thinks they run a pretty good ship. He thinks they screwed up and they know it and will change things. Commissioner Phillips stated she doesn't think it necessary to speak to the Cinco de Mayo incident. Clay Irons stated he has been in the restaurant for seventeen years and John McWilliams has been in the business for a number of years. He stated they do have a policy that they put their personal liquor in a "to go" cup. He stated from where Tom was sitting you can not see someone actually walk out the door. He stated Mr. McWilliams has been known to leave his cup on the ledge by the door and it may be that he left it there and did not return with it. 8 08-30-1999 Chairman Phillips asked if there are any other questions. Commissioner Stone stated his question is what are options that have been employed in the past and if there have been similar situations as this. He questioned the degrees of violations. Ms. Roach stated they have one other establishment who had the same incident and they were suspended for four days with two held in abeyance. Mr. O'Conner stated he doesn't know who this first establishment was and questioned if they were also previously warned. He spoke to the Cinco de Mayo incident. Commissioner Johnson asked who the registered manager is. Ms. Roach stated Mr. McWilliams is referred to as the manager however, in the file, Clay Irons is actually the registered manager. Commissioner Johnson moved to find there was a violation of the Colorado Liquor Code by the Gashouse, Inc., dba/Gashouse Restaurant as evidenced by the owner of the establishment admitting there was a violation of Regulations 47-918. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to suspend the license for Gashouse, Inc., dba/Gashouse Restaurant, for a period of four days, two to be served on August 31 st and September 1 st, 1999, and two held in abeyance for a period of one year. Mr. Sands asked they include in the motion a notice be posted at the establishment accordingly. Commissioner Johnson included the notice in his motion. Commissioner Stone seconded the motion. The vote was declared unanimous. Sara Fisher stated for the record, during the Cinco De Mayo celebrations she was around several establishments, including Fiesta's. She stated other establishments were serving non alcoholic beverages in their parking lots. She stated she did not see any other establishment allowing patrons to take their alcohol out of the premises. She reiterated that neither she or her staff go out and look for possible liquor violations, but while visiting special events if a violation is noticed it is reported. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Johnson seconded the motion. The vote was declared unanimous. AFP-00070, Cordillera, Filing 34 Jean Garren, Planner, presented file number AFP-00070, Cordillera, Filing 34, Planning Parcel U, Cordillera Mountain Tract. She stated this was an amended final plat that reconfigures the building envelopes on Lots 4,5,6 and 7, block 5, to address from Granite Springs Trail rather than White Springs Trail, and merges Lot 11 with a portion of Tract C, previously described as open space between Lots 11 and 10. The balance of Tract C is not affected. The Cordillera Mountain Tract (Planning Parcels Q through W) was added to the Cordillera PUD in October, 1998. The Final Plat for a portion of Planning Parcel U within the Mountain Tract (Cordillera Filing 34) took place in December, 1998. Ms. Garren reviewed the referral responses as follows: Eagle County Engineer: The Engineer, at the time of plat submittal, questioned whether Tract 8A (access for Lot 7) was in place. Since that time, this tract was created via Board approval of File No. 5MB-00182 on June 21, 1999. Eagle County Surveyor: The Surveyor had three comments which have been addressed. Eagle County Assessor: The Assessor had no comments. Eagle County Address Coordinator: The Address Coordinator has approved the address changes. 9 08-30-1999 Eagle County Department of Environmental Health: Environmental Health noted that the plat note requiring ISDS to be engineer-designed was missing. This has been corrected Staff concerns and issues are as follows: Moving building envelopes to access from Granite Springs Trail creates less site disturbance and preserves a wider band of vegetation than does access from White Springs Trail. The addition of this particular portion of Lot C -- a "finger" between lots --to Lot 11 does not substantively alter land use: the building envelope has not been moved and the wildlife easement remains unchanged. Ms. Garren read staff findings for the record: Pursuant to Section 5.290.B.3. Amended Final Plat of the Eagle County Land Use Regulations: (a) The proposed Amended Final Plat IS part of a previously approved Final Plat. (b) The proposed amendment to the Final Plat IS NOT INCONSISTENT with the intent ofthe Final Plat. (c) The proposed amendment to the Final Plat DOES NOT adversely affect adjacent property owners (d) The proposed amendment to the Final Plat DOES NOT create a new lot or lots. Pursuant to Section 5.290.C.l. Initiation of the Eagle County Land Use Regulations: a. Final Plat. The final plat of the proposed amendment IS in conformance with Final Plat requirements. b. Zoning. The land included within the proposed amendment IS properly zoned for the proposed use, AND conforms with existing zoning on the property. c. Access. All lots HAVE demonstrated legal and physical access to a public street or rights-of- way by conventional vehicle. d. Water Supply. All lots HAVE demonstrated the existence of a legal, physical, adequate and dependable water supply for each lot. e. Waste Water Disposal. All lots HAVE demonstrated the existence of a waste water disposal system, or other lawful means of disposing of human wastes, which complies with all applicable public health laws. f. Fire Protection. Each proposed lot HAS DEMONSTRATED adequate fire protection. g. Hazards. Satisfactory evidence EXISTS that all site conditions associated with the subdivision will not create hazards and all lots will contain safe, adequate building sites. h. Site Plan. A Site Plan is not required. i. Agreements. A "Subdivision Improvements Agreement," off-site road improvements agreement or other agreement IS NOT required. j. Restrictions. A copy of the protective covenants, declaration, party wall agreements or other restrictions placed on the subdivision HAS BEEN previously recorded in the office of the Clerk and Recorder. k. Schools. It has been demonstrated that all applicable school land dedication or cash-in-lieu requirements HAVE been satisfied. 1. Adjacent Property Owners. All present adjacent property owners of pubic record HAVE BEEN notified. Pursuant to Section 5.290.G.2. Standards for Amended Final Plat of the Eagle County Land Use Regulations: a. Adjacent Property. The proposed amendment to the Final Plat DOES NOT adversely affect adjacent property owners. b. Final Plat Consistency. The proposed amendment to the Final Plat IS CONSISTENT with the intent of the Final Plat. c. Conformance with Final Plat Requirements. The Amended Final Plat proposed DOES 10 08-30-1999 CONFORM to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvements Agreement. The adequacy of the proposed improvements agreements and/or off-site road improvements agreement or other IS NOT required. e. Restrictive Plat Note Alteration. This plat DOES NOT ALTER a restrictive plat note.. Staff recommended approval and asked the Chairman be authorized to sign the plat. Kathy Eastley, representing Cordillera, was present for the hearing and noted Ms. Garren had captured the file completely. Commissioner Stone moved to approve file number AFP-00070, Cordillera, Filing 34, Planning Parcel U, Cordillera Mountain Tract, incorporating the findings. The Chairman shall be authorized to sign the plat. Commissioner Johnson seconded the motion. The vote was declared unanimous. AFP-00041, Donlon Ranch PUD Paul Clarkson, Senior Planner, presented file number AFP-00041, Donlon Ranch PUD. He stated this plat is being amended to vacate the original building envelope for Parcel A, create three new building envelopes for Parcel A, and to remove a restrictive plat note regarding a common water well. He pointed out the three new building envelopes do not exceed the area of the previous building envelope. These changes are pursuant to the approval of a recent PUD Amendment which allowed for, among other things, specific changes to building envelope placement on Parcel A and allowed for the separate development of each parcel, including water supply, among other things. Since the two parcels will no longer share a water well, removal of this plat note (liThe parcels hereby created are served by a common well) was required. Mr. Clarkson reviewed the chronology of the file as follows: This property was zoned PUD in 1991 (PD-300-91-P) and platted as Parcel A and Parcel B through File No. PD-300-91-F. An amended final plat was submitted in April, 1998 to amend the building envelope for Parcel A. Staff determined that the changes proposed were significant enough to require a PUD Amendment and subsequently, a Zone Change. The PUD Amendment (PDA-00017) and Zone Change (ZC-00029) were approved by the Board of County Commissioners in November, 1998 and required an amended final plat to specifically locate the building envelopes approved by the PUD Amendment (Resolution #99-06). Referral responses are as follows: Independent Surveyor (Johnson & Kunkel): 10. Several technical errors noted. County Engineer: Indicates that grading/drainage plans should be submitted with any future building permit. Driveway should be realigned to tie into Casteel Creek Road at a ninety degree angle. Comments by Engineer are advisory only. No comments were noted by the County Assessors' Office. Mr. Clarkson reviewed staffs concerns and issues as follows: Off-site Road Impact Fees The County Engineer has determined that an off-site road impact fee of $2,000, due to increase of density allowed pursuant to the Donlon Ranch PUD Zone Change, Resolution # 99-06, is required. $1,521.98 for cash in lieu of school land dedication. Mr. Clarkson reviewed staff findings as follows: The Board of County Commissioners and the Community Development Director shall consider the following in the review of an Amended Final Plat pursuant to Section 5-290.G.2 ofthe Eagle County 11 08-30-1999 Land Use Regulations. a. The Amended Final Plat DOES NOT adversely affect adjacent property owners. b. The Amended Final Plat IS consistent with the intent ofthe Final Plat. c. The Amended Final Plat DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. An Improvements Agreement IS NOT applicable. e. This amendment IS an alteration of a restrictive plat note. Therefore, it is additionally found that: That the proposed amendment IS necessary in order to provide land fora demonstrated community need. Sid Fox, representing the applicant, was present for the hearing. Mr. Fox stated he thanked the Board in advance on behalf of Mr. Donlon, owner of parcel A. He said he was available for questions if the Board indeed had them. Commissioner Johnson stated in Jean's presentation findings from Section 5-290-3b and Cl were included. Ms. Garren suggested her statement may have been overkill. Mr. Clarkson stated that section contains requirements for minimums. Commissioner Johnson stated what he would prefer is consistency and if those findings are unnecessary, he would recommend they be eliminated in the future. Mr. Clarkson concurred. Commissioner Johnson moved the Board of County Commissioners approve Eagle County File Number AFP-00041 incorporating the findings and authorize the Chairman to sign the plat.. Commissioner Stone seconded the motion. The vote was declared unanimous. PDSP-000I0, ZC-00033, PDA-00022, Miller's Creek, Filing 2 Jean Garren presented file numbers PDSP-000I0, ZS-00033 and PDA-00022, Millers Creek, Filing 2. She stated this was a request to consider the addition of 4 units on 2 plus acres and accompanying zone change, and revisions to the PUD Guide. She stated the applicant is requesting this matter be tabled to the 13th of September. The Board will hear the matter of the variance on the 7th and they would like that resolved first. Commissioner Stone moved to table the discussion and action of file numbers PDSP-OOO 1 0, ZC- 00033 and PDA-00022, Millers Creek, Filing 2, to September 13, at the applicants request. Commissioner Johnson seconded the motion. The vote was declared unanimous. Continuation of ZS-396-96 Revocation of Special Use Permit Commissioner Stone reminded the Board the meeting left off with Mr. Knight wanting to speak with his clients. Mr. Knight stated they are searching for a way to make this better. He stated under the existing regulations it does state shall. Under the old regulations there was some remedial action. They are searching for a way to fix in some legal manner the problems that have been caused. He suggested the permit not be revoked so that they could do the work or find some way they can fix it up within the permit. Norm Helwig, on behalf of the owner of the property, suggested that possibly the Commissioners could proceed under the old land use regulations rather than under the new regulations. Commissioner Johnson questioned doing that. Mr. Helwig stated the land use in the current regulations states the procedures shall be followed 12 08-30-1999 under the current regulations. He suggested the logical inference is that the revocation should proceed under the old regulations. Ms. Black stated this is something that was discussed by the legal staff when the new regulations were adopted. She stated the Land Use Regulations adopted are indeed the regulations and are amended from time to time. No matter when they were granted it was under the Land Use Regulations. She recalls direction from the Board making sure there were not different sets of regulations being applied years from now based on when the file was heard. She spoke to special use permits that go back thirty years. She stated the Commissioners liked the new regulations because they gave more specific standards and that was one of the reasons they asked for the new regulations. Under the new regulations the standards exist. Mr. Helwig responded his argument is the old regulations do not make it mandatory to revoke the permit and are more flexible. Ms. Black stated she agrees they were really flexible as there were no written standards. Mr. Knight stated they would like to find a way to fix what was inherited. He stated if they can't find a solution that will be that. He stated he wants the Board to know his clients are committed to do what is right. Ms. Black stated there would not be a violation if they were to apply for a grading permit and at the time fix something that somebody else ruined. This could be done in the interim. Chairman Phillips asked if there is anything else that might make this more flexible. She stated they realize they must apply for a special use. Mr. Zitti stated they could clean up the pallets and the tree stumps around the area. The Board could convene as the Board of Health and require that to be done. Commissioner Johnson asked Mr. Helwig to understand that their Land Use Regulations do not allow the Board to revert to the old regulations. He read from the new regulations and the repeal of the old regulations. Mr. Craig stated they bought this as a business. He stated they got caught in the middle. They were in the process of putting silt fence up, the pallets are his, the old crane is his. There is a lot that they need to do but it is going to cost them a lot of money. He stated they will need guidance to clean it up and he is not sure what that means. Commissioner Johnson suggested he is not an attorney and there should be some recourse as far as what was represented. He suggested they may need to look at what civil actions are available and the County and the Forest Service may look at criminal action. He does not see where this was just a mistake. The person moved the stake 80 feet. He would recommend they seek some legal help as well. Mr. Craig stated they have and will. It takes a lot oftime to litigate but in the meantime they have an eyesore. Chairman Phillips asked if they have some direction. Mr. Zitti stated cleaning up the pallets, the trees and the disruption ofthe natural drainage could certainly be helpful. He questioned the equipment. Mr. Zitti stated they have removed everything they could. He said the crane is not theirs and the Forest Service is saying it is their problem. Chairman Phillips asked if the red tag can be lifted. Mr. Zitti stated ifthey get a grading permit. Chairman Phillips asked about a new special use permit. Mr. Zitti responded it takes approximately 120 days. He clarified sixty to 120 days. Chairman Phillips stated that is two months. She asked about lifting the red tag. Mr. Zitti stated they would get the grading permit first and then they would lift the red tag with instructions that nothing other than repair can be done. Mr. Knight stated they will do all that is required and asked for specificity in the grading permit. 13 08-30-1999 Chairman Phillips reviewed they have agreed there was a violation. Commissioner Johnson moved to revoke the special use permit for file ZS-396-96. Commissioner Stone seconded the motion. The vote was declared unanimous. Mr. Knight thanked the Board for their efforts and thanked them for the grading permit. He stated he hopes to see them in 120 days or less. There being no further business to be brought before the Board the meeting was adjourned until September 7, 1999. Attest. Clerk to the ~ 7 - ~ ~~~ Chairman 14 08-30-1999