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HomeMy WebLinkAboutMinutes 02/14/2000 PUBLIC HEARING FEBRUARY 14,2000 Present: Tom Stone James Johnson, Jr. Robert Loeffler Jack Ingstad Sara J. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: Johnnette Phillips Commissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Stone stated the first item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of February 14,2000, subject to review by County Administrator B) Approval ofthe minutes of the Board of County Commissioners meeting of January 24,2000 C) Section #5309 Grant Application D) Scheduled replacement of unit #6917, 1997 Rex 370C Compactor E) Resolution 2000-026 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 361 for MRLD, LLC in the amount of $634,015.80, to expire February 14,2000, issued by Weststar Bank, Miller's Creek Subdivision F) Resolution 2000-027 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. D80 1802 for Edwards Interchange II, LLC, (Northstar) in the amount of$18,954.77, to expire February 17,2000, issued by Norwest Bank G) Approval of bid from Power Motive Corporation of Grand Junction Colorado, crawler dozer H) 1041-0025, Cordillera Mountain Tract Amendment. Tabling until March 13,2000 as per Board of County Commissioners direction from February 7, 2000 I) PDS-OOO 17, Red Sky Ranch. Tabling until March 13, 2000, as per Board of County Commissioners direction from February 7, 2000. Bob Loeffler, Deputy County Attorney, spoke to item H, Cordillera Mountain Tract Amendment, stating last week this Board decided to table the Cordillera Mountain Track amendment matter to March 13, 2000 at the applicant's request. On item I, Red Sky Ranch, the Board, at the applicant's request, continued the hearing to March 13,2000. Commissioner Johnson suggested the Board had not yet heard item I and questioned a continuation rather than a tabling. Mr. Loeffler stated the Board continues the matter if they have not heard the item and uses a tabling if it has started through the process. Mr. Loeffler spoke to items D and G and suggested they may not be separate items. He suggested they relate to the replacement of a compacter/dozer at the Landfill. He believes they should be a combined item replacing the old piece of equipment and approving the bid from Power Motive 1 02-14-2000 Corporation for the new item. Brad Higgins, Road & Bridge Director, stated this is the scheduled replacement and the bid tabulations are in. He stated these are the same item. Chairman Stone stated item D will be deleted from the agenda. Mr. Higgins agreed. Commissioner Johnson moved to approve the consent calendar as presented deleting item D. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Phillips was not present for the hearing. Plat & Resolution Signing Paul Clarkson, Senior Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00205. Berry Creek Ranch. Filin~ No.4. Block 5. Lot 31. He stated this was a Minor Type B Subdivision, the purpose of which is to create two duplex lots, Lot 31 A and 31 B. A standard duplex caveat is associated with this plat. He read staff findings as follows: Pursuant to Section 5-290.g.1 of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Johnson moved to approve final plat file number 5MB-00205, Berry Creek Ranch, Filing No.4, Block 5, Lot 31, incorporating staff findings. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. 5MB-00212. Berry Creek Ranch Filin~ No.2. Block 4. Lot 27. He stated this was a Minor Type B Subdivision, the purpose of which is to subdivide Lot 27 to create two duplex lots, Lot 27N and Lot 27S, and access easements across lots 27N and 27S. A duplex caveat is associated with this plat. He read staff findings as follows: Pursuant to Section 5-290.g.1 ofthe Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Johnson moved to approve final plat file number 5MB-00212, Berry Creek 2 02-14- 2000 Ranch, Filing No.2, Block 4, Lot 27, incorporating staff findings. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Abatements Mark Chapin, Deputy Assessor, presented a petition for abatement for Steve Melzer, Charlies T -Shirts, schedule R046868 located at the airport. He stated the petitioner is asking for an abatement for 1998 and 1999. He is asking for a full abatement for 1998 in the amount of$I,603.68. Mr. Chapin related the value assigned to this property for 1998 and 1999 is $100,900.00. In looking at the lease agreement between the County and the Lessee, they estimate a value of $220,000 using the income approach. He stated it is a possessory interest. He stated the Assessor's recommendation is for denial for 1998 and 1999. Commissioner Johnson spoke to a similar request for Brad Gent and his argument was similar. It was that they don't own the property and for possessory interest they shouldn't pay as much. He had also stated as it was a partial year the taxes should not be so high. The operations are only used for part of the year Mr. Chapin stated they do not annualize this. Commissioner Johnson moved to deny schedule number R046868 for tax years 1998 and 1999, Steve Melzer, Charlies T-Shirts, as recommended by the Assessor. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Max Schlafley, Appraisal Coordinator for the Assessor's Office, presented a petition for abatement for HPSC, Inc, schedule number P026537. He stated the petitioner requests an abatement for $2,537.89 forI998 stating they erroneously included the software costs into with the assessed value. He stated they see the software costs as an intangible cost of$29,020.00 with a tax value of$I,375.12. The Assessor recommended approval. Commissioner Johnson moved to approve an abatement different than requested schedule for number P026537, HPSC, Inc., in the amount of$I,375.12 as recommended by the Assessor. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Max Schlafley presented a petition for abatement for George H. Daniels, III, schedule number R024344. He stated this is north of Highway 6 in Gypsum. He stated the complaint was filed and the reason being the unusable land is 6.47 acres and the proposed building was only 30% complete at the end of 1998. He stated he made a site inspection and reviewed the appraisal submitted by the appraiser. He stated they adjusted the property value in 1997 to reflect the land being open space. He stated for 1997 and 1998 they feel the value is appropriate. In 1999 they agree to abate based on the adjustments made during the previous two years. He stated this is a mix used property. Debby Fluke, bookkeeper asked they review the numbers of abatement. She asked if they abated both the property and the house. Mr. Schlafley stated they abated the open space, 6.47 acres. They changed the completion to 60% complete changing the dollar amount. In 1997 they removed the acreage and classified that area as open space. The homesite value was $3,070, the commercial $114,084, and the acreage at $35 per acre for a total of$124,480 on the land. On the mobile home they have $1600.00. For the 1998 value they took the $124,480 plus the mobile home improvement and added 60% assessed value. Ms. Fluke asked if they are matching the abatement recommendation for 1997. 3 02-14-2000 Mr. Schlafley agreed. Ms. Fluke asked what of the request did they not find valid other than the 30% to 60% completeness. Mr. Schlafley spoke to a shed that had been removed. Commissioner Johnson asked if there was anything else they did not give him. Mr. Schlafley stated the car wash which was separate should be included. He asked if Ms. Fluke understands the 1999 abatement. He explained they brought the building to complete and made the change ofthe 6.47 acres. Ms. Fluke asked about the 1997 and 1998 refunds. Ms. Schlafley stated if approved they forward the recommendation to the Assessor and then it is routed to the Treasurer. Ms. Fluke asked ifit is moved over to 1999. Jody Caruthers, County Assessor, stated if over $1000 it will have to go to the State. Jim Fritze, County Attorney, stated they will only get checks if the State property tax administrator approves the petition, following the Board's approval. Commissioner Johnson moved to approve an abatement different than requested schedule number R024344, George H. Daniels, III, as recommended by the Assessor. Mr. Fritze recommended the language to be approved in part. Commissioner Johnson amended his motion accordingly stating for 1997 in the amount of $4,333.93 and for 1998 in the amount of$5,678.58 and approve the abatement requested in the amount of$3599.02 for 1999. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. AFP-00082, Cordillera Valley Club, Filing 9, Lot 19, Legacy Trail Paul Clarkson presented file number AFP-00082, Cordillera Valley Club, Filing 9, Lot 19, Legacy Trail. He stated this is an Amended Final Plat that will vacate the existing building envelope and create a new building envelope with improved views, while preserving existing juniper trees. He read staff findings as follows: Pursuant to Section 5-290.G2 of the Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of the Amended Final Plat: a. Adjacent Property. The proposed amendment does not adversely effect adjacent property owners; b. Final Plat Consistency. The proposed amendment is not inconsistent with the intent of the Final Plat; c. Conformance with Final Plat Requirements. The proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d. Improvements Agreement. An improvements agreement is not applicable; and e. Restrictive Plat Note Alteration. A restrictive plat note alteration is not applicable. Commissioner Johnson moved the Board approve File No. AFP-00082, Cordillera Valley Club, Filing 9, Lot 19, Legacy Trail, incorporating staff findings and authorize the Chairman to sign the plat. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. SMA-000I0, Lazie R Ranch Paul Clarkson, Senior Planner, presented file number SMA-OOOlO, Lazie R Ranch. He stated the 4 02-14-2000 applicants, Scott Nicholls and Mandy Benedict are present. He stated this has been tabled twice regarding lack of water. Commissioner Johnson stated he does not think it is fair to ask the Board to make a decision on information they have not been able to review. He suggested it should probably be tabled for further review. He asked how long staff needs to work with the applicant on the outstanding issues. Mr. Clarkson stated he will need a month to work with the applicant. Chairman Stone asked ifthere are additional issues or just those with the water. Mr. Clarkson stated ifthey can table this for a week, he will need the time with staff to determine if they will need a community water system. There are concerns with the quality and quantity of the water. He stated they will need to get the issues worked out at least ten days before they are presented to the Board. Commissioner Johnson asked about three weeks. Mr. Clarkson stated that would be the week of March 13. He stated they can try for the 28th of February. Chairman Stone stated they have a national meeting they will be attending the first week of March so it would move it to the 13th on which they already have a busy day. Ms. Nicholls stated they would much rather do the 28th of February. Commissioner Johnson moved to table SMA-000I0, Lazie R Ranch to February 28, 2000. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. There being no further business to be brought before the Board the meeting was adjourned until February 22, 2000. Attest: Clerk to the Bo cr~~ Chairman 5 02-14-2000