Loading...
HomeMy WebLinkAboutMinutes 02/28/2000 PUBLIC HEARING FEBRUARY 28, 2000 Present: Tom Stone Johnnette Phillips Mike Gallagher James R. 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: Executive Session Chairman Stone stated the first item before the Board was adjournment into an "Executive Session". He noted the time as 8:50 a.m. Commissioner Gallagher moved to adjourn into "Executive Session" to discuss the following: 1) Saddle Ridge, report on negotiations for easement 2) Berry Creek reports on negotiations for easement 3) Legal advice on bid award for trails project on Berry Creek 5th Filing, directions for negotiations about trails project on water authority parcel 4) Legal advice about and directions to counsel regarding illegal roadside vendors in Edwards. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to adjourn from "Executive Session" and reconvene into the regular meeting. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 9:33 a.m. Consent Agenda Chairman Stone stated the first item before the Board is the consent agenda as follows: A) Approval of bill paying for weeks of February 28, 2000 and March 6, 2000, subject to review by County Administrator B) Approval of payroll for March 9, 2000, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for February 7,2000 D) Resolution 2000 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 978-0017 for Colorado Alpines, Inc. for Edwards Nursery in the amount of$8,839.72 to expire February 29, 2000 E) Resolution 2000-030 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 001 for First Land Development LLC in the amount of $2,000.00 to expire March 7, 2000 issued by Alpine Bank Vail F) Agreement between Eagle County and Steadfast Bridges for purchase of a pre- fabricated pedestrian bridge. Bob Loeffler, Deputy County Attorney, stated on item D, they received the replacement letter of 1 02-28-2000 credit so that item can be withdrawn. Commissioner Phillips stated on item C, Commissioner minutes, on page 12, about the middle of the page, it states "Commissioner Johnson questioned whether both owners would they would". One "would" should be removed. Commissioner Gallagher asked on item F, Steadfast Bridges, if what they are doing is buying the bridge but not the installation and asked if we know who will be installing it? Ellie Caryl, Trails Planner, stated the contractor will build the abutments and the road only. There will be a contract coming before the Board in approximately two weeks concerning installation of the bridge. Commissioner Gallagher asked if any part of the bridge touches water. Ms. Caryl stated no, it has to be above the 100 year flood plain. Commissioner Gallagher moved to approve the consent calendar as presented with the removal of items D and C. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve item C with corrections to the minutes as stated. Commissioner Gallagher seconded the motion. Commissioners Stone and Phillips voting aye and Commissioner Gallagher abstained as he was not present for that hearing. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00079. Cordillera Subdivision. Filing No. 10. A Resubdivision of Lots 17 & 18. He stated this is an Amended Final Plat that will a.) vacate the lot line between Lots 17 and 18 thereby creating one lot to be known as Lot 18; b.) Vacate the previously platted building envelope associated with Lot 17; and c.) revise the previously platted building envelope associated with Lot 18. The vacated building envelope will not go back into the pool of Cordillera's allotted free market units. 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 Phillips moved to approve final plat file number AFP-00079, Cordillera Subdivision, Filing 10, resubdivision of lots 17 & 18, incorporating staff findings. Commissioner Gallagher seconded the motion. The vote was declared unanimous. AFP-00083. Cordillera Subdivision Filin!!: No. 29. Lot 4. An Amended Final Plat that will amend the previously platted building envelope. 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 2 02-28-2000 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 Gallagher moved to approve final plat file number AFP-00083, Cordillera Subdivision, Filing No. 29, Lot 4, incorporating staff findings. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 2000-031, ZC-00030, Logan Park PUD, Approval of a Zone Change. He stated the Board of County Commissioners considered and approved this zone change application for PUD zoning at public hearing on June 28th, 1999. Chairman Stone stated this is Oran Palmateer's property. Commissioner Phillips moved to approve Resolution 2000-031, file number ZC-00030, approval of a zone change for Logan Park PUD. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2000-032, PDP-00013, Logan Park, Approval the Preliminary Plan for the Logan Park PUD. He stated the Board of County Commissioners considered and approved this PUD application for five single-family dwelling units at hearing on June 28th, 1999. Commissioner Gallagher moved to approve Resolution 2000-032, file number PDP-00013, approval ofthe preliminary plan for Logan Park PUD. Commissioner Phillips seconded the motion. The vote was declared unanimous. Agreement, PDP-00013, Logan Park PUD Agreement. He stated pursuant to Article 5-240.F.3.h items 1 through 4 of the Eagle County Land Use Regulations, the applicants and Board of County Commissioners will enter into a Planned Unit Development Agreement, binding the PUD to any conditions placed in the Resolution. Commissioner Phillips moved to approve the agreement for file number PDP-00013, Logan Park PUD agreement. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Oran Palmateer stated he and his wife Paula are the owners of Logan Park. He asked for clarification about the study of the possible location of the Cemetery Road Bridge. He understands they are going to make the recommendations in March. He questioned the time limit for the money on the bridge and the need to have that sometime in April. He asked if the Board is in a position to buy right- of-way. George Roussos, County Engineer, stated the Board has only funded the study and they do know they have a federal bridge grant. They will be following up in a meeting next month when staff brings the information to the public and to the Commissioners. He suggested they do have the resources to do what is needed when the time comes. Mr. Palmateer questioned ifthey will have the resources to buy the right-of-way. Chairman Stone stated they have funded the study but can not make a commitment until they have the information. They will learn what landowners will be effected and what the costs will be. He stated he will not venture to guess. Mr. Roussos suggested one of the options will go through Mr. Palmateer's property and asked if 3 02-28-2000 he is willing to sell at a fair market price. Mr. Palmateer suggested he has just received approval to build five single family units and it will be a concern if they are going to put a bridge in there. He suggested they do need to have a plan and know what they are going to do with the money. Chairman Stone suggested they can't know that until they know where the bridge will go. Mr. Palmateer thanked the Board. Access Control Plan, Highway 6, Eagle to Gypsum George Roussos, County Engineer, presented the Access Control Plan, State Highway 6 Eagle to Gypsum and State Highway I-70F, Eagle Spur Road. He stated this is the second control plan which has proved very helpful in understanding access points on the highway. He stated the second plan has been completed. The state highway access code established the procedure . Chairman Stone apologized for interrupting but asked they amend the order of the agenda. He asked they make the presentation to Cordillera and Wintergreen Homes for their role in affordable housing efforts in Eagle County. He stated those efforts relate to Brett Ranch. Mr. Roussos concurred. Presentation to Cordillera and Wintergreen Homes David Carter, Housing Director, came forward stating they have a pleasant duty for the Board this morning. He stated they had a development team who found funding to make affordable housing available with assistance to the buyer. Those are Cordillera and Wintergreen Homes and the project was Brett Ranch. Art Kleinstein and Jeff Spanel from Wintergreen Homes and Mike Mudder and Charlie Davis from Cordillera, were present for the presentation. Commissioner Gallagher thanked them for what they started and related the last development applicants brought forward the same idea. He stated he hopes it catches on. Commissioner Phillips thanked them again. Chairman Stone stated that last week in Washington an Eagle County resident showed an aerial photograph that included Brett Ranch and were less than complimentary about the affordable housing efforts in the area. He stated he was offended by that and related some developers have given back to the community and especially so in this case. He thanked them for all their work. The Board presented Cordillera and Wintergreen Homes with plaques. Access Control Plan, Eagle to Gypsum, Highway 6 (cont) George Roussos continued with the Access Control Plan. He stated this project was taken on as a partnership with Gypsum and Eagle. The State Highway Access Code does establish a procedure requiring one public meeting, though they have had two. In addition to that they have sent a letter of notification to each and every property owner from Eagle to Gypsum and the concerns have been resolved. He introduced Charles Buck with Felsburg, Holt & Ullevig. He stated Mr. Buck has been helpful in the creation of this plan. They are looking for the Board's approval of the plan and with that they will forward it to CDOT. He stated with the forwarding to CDOT he will include an invoice for $40,000. He asked ifthe Board has specific questions. Commissioner Gallagher suggested the last page of the Intergovernmental Agreement is only between the County and the State. He asked about the Towns. Mr. Roussos stated the Towns are not issuing authorities but they were very much a part of the 4 02-28-2000 plan but not as signatures. Commissioner Gallagher spoke to the roundabouts and asked they be constructed to be large enough to accommodate semis. He stated there are some that are virtually impossible to navigate. Mr. Roussos stated the ones in Eagle are already under contract. Commissioner Phillips spoke to the smaller ones in Grand Junction and how those seem to be easier to navigate. Chairman Stone pointed out size is a concern for fire trucks and larger vehicles. Mr. Roussos stated they will take this and work out the final details with CDOT. It will then come back to the Board for ratification. Commissioner Gallagher moved to approve the Access Control Plan, State Highway 6 Eagle to Gypsum and State Highway I-70F, Eagle Spur Road. Commissioner Phillips seconded the motion. The vote was declared unanimous. Amendment No.3, Isbill Associates/Raytheon Infrastructure Jim Elwood, Airport Manager, presented Amendment No.3 to the Contract dated April 27, 1998, between Isbill Associates/Raytheon Infrastructure, Inc. and Eagle County. He stated this is for the design and field engineering for the project beginning in the next few weeks. They were required to do a third party estimate which came in reasonably close. He stated Isbill's bid was $971,133.00 and the bid from Faulkner was $978,409.00 for a difference of $7,276.00. Staff recommended the bid be awarded to Isbill Associates/Raytheon Infrastructure. Chairman Stone asked when this project will start. Mr. Elwood stated the last American flight is April 22 at approximately 1 :30 p.m. and this project will start at about 2:00 p.m. He stated United Express will be running through the construction period to Denver but they are capable of using the runway that will be functioning. Commissioner Phillips moved to approve Amendment No.3 to the Contract dated April 27, 1998 between Isbill Associates/Raytheon Infrastructure, Inc. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Chairman Stone stated the next item on the agenda was the Liquor License Consent Agenda as follows: A) Stasmore, Inc., dba/The Shortstop, renewal of a tavern license. This location is in El Jebel. Commissioner Phillips moved to approve the liquor license consent agenda as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. PDF-00048, River Dance, Phase 2 Jena Skinner, Planner, presented file number PDF-00048, River Dance, Phase 2. She stated the 5 02-28-2000 intent of this plat is to: Re-subdivide Parcell, River Dance at Arrowhead Phase 1 and Parcel 2 and 3, Arrowhead at Vail Filing No. 18; to subdivide 4 duplex lots creating 8 lots, and 3 common ownership parcels which act as parking and access easements. Ms. Skinner read staff findings as follows: Pursuant to Section 5-280.B.5.b (3), ofthe Eagle County Land Use Regulations: a. This final plat conforms to the approval of the Preliminary Plat for subdivision. b. Required improvements are adequate. C. Areas dedicated for public use and easements are acceptable and; Pursuant to Section 5-280.B.3.e. ofthe Eagle County Land Use Regulations: (1) Consistent with the Master plan. The proposed subdivision is consistent with the Eagle County Master Plan and the FL UM of the Master Plan (2) Consistent with Land Use Regulations. The proposed subdivision shall comply with all of the standards ofthis Section and all other provisions of these Land Use Regulations, including but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4 Site Development Standards. a) Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. i. Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall be required prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. ii. Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. iii. Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. iiii. Suitability for Development. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural, or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. iv. Compatible with Surrounding Uses. The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. Staff recommended approval. Commissioner Gallagher moved the Board approve File No. PDF-00048 incorporating the findings and authorize the Chairman to sign the plat. Commissioner Phillips seconded the motion. The vote was declared unanimous. SMA-000I0, Lazie R Ranch Keith Montag, Director of Community Development, presented file number SMA-000I0, Lazie R Ranch. He stated this application was originally scheduled and heard January 3, 2000, at which public meeting the Board of County Commissioners took comment from adjacent property owners expressing concern for adequate water. The application had subsequently been tabled to January 18, February 14 and finally until February 28 while the applicant assembled water quality and quantity information. The information submitted includes a pump test, quality test and professional engineer's report. Water quality and quantity require mitigation to which the applicant has committed. This includes a common storage tank and likely booster pumps/pressure tanks at each dwelling unit along with sediment 6 02-28-2000 (turbidity) filters, reverse osmosis and water softening equipment. Professional cost estimates are around $5,000.00 per dwelling unit. A proposal to subdivide a nearly 40-acre parcel into three single-family residential lots consisting of two 10-acre lots, an 18-acre lot in conformance with the existing Agricultural Residential zoning and 1.5 acres of public right-of-way dedication on Bruce Creek Road. Each proposed parcel has platted building envelopes of about 1 acre to maximize open space. Mr. Montag spoke to the covenants and the easements required to serve all of the lots associated with the subdivision. Robert Lazier, applicant, was present for the hearing as were the potential lot buyers. Chairman Stone asked the applicant if they had anything to say. They did not. He asked if there was public comment. There was not. Commissioner Gallagher asked about the amount of water and the proposal to install the water tank. He asked about fire protection and the little bit of water for three residences. He asked if it is within the Fire Protection District. Scott Nichols, applicant, stated it is and they have met with the fire chief. He stated they will be putting in a fire plug. They are within the Fire District and he has a letter accordingly. Commissioner Gallagher asked how far away the pond is. Mr. Nichols stated one is 900 feet and the furthest is 1500 feet. The turn around for each residence is within 1500 feet. Commissioner Gallagher stated ifit satisfies the Fire Chiefhe is not going to object. He stated drafting out of the pond is the price you pay for living where you want to live. Jim Fritze, County Attorney, asked if there is a method or agreement in place for the homeowners that provides for the maintenance of this once it is built. Mr. Nichols stated the dues and the maintenance repairs are in the covenants for the pond, the well and the repair. He stated each owner will take responsibility and the president of the association will be responsible for that. Mr. Fritze asked ifthere are estimates for the cost ofthe tank. Mr. Nichols suggested it will run about $6000. He stated there is a pump with gravity feed to each house. He stated according to the engineer it is the best way to do it. He stated they can also have each person install a personal pump. Mr. Fritze asked about collateral for the shared improvement. Mr. Montag stated they have discussed it with the applicant, one option being a plat note or plat restriction stating the water system will be installed or collateralized before sale or the second option of collateralizing the improvements up front. The third option would be to move forward as proposed with the letter that was submitted by the applicant indicating the applicant would require each lot owner install the improvement. Mr. Fritze asked how a lot owner installs a third of the tank. Mandy Benedict, applicant, stated it hasn't been established exactly how that will be done. Chairman Stone stated the only way he is interested in moving ahead is to have a plan as to how the water system will be built. He stated he would prefer one of the first two suggestions. Before the issuance of the building permit the water must be there. He stated before he would purchase the property he would want to know how to get the water there, what the cost will be and how it will be shared. Mr. Nichols stated with the Engineers comments they can do it either way. The water is there and how they can distribute it is the only discussion. His preference is the tank on the hill, which is gravity fed and a neat system. He stated as soon as someone wants to build the house, the water is there. Chairman Stone said the first options are either a Subdivision Improvements Agreement or a plat note. He suggested a plat note may be the easier way to go. Mr. Fritze stated either one is workable. 7 02-28-2000 Ms. Benedict asked if this is an issue that could be dealt with when people pull their building permits. Chairman Stone suggested there could be a plat note. Mr. Fritze stated there could be a plat note that could be removed either when it is collateralized or when the water system was in place. Chairman Stone explained this to Ms. Benedict. Mr. Fritze stated a normal plat note is before a lot can be sold. Mr. Nichols stated getting the plat note done is not as easy as it sounds. They would like to find another alternative. Chairman Stone spoke to problems that come back to haunt them. He stated in an effort to not leave a legacy, he is trying to fix this before it becomes a problem by having a good water system in there that will be legally recognized so they don't get somebody in here who wants to build but can't get the money from the other home owners. Mr. Nichols asked what would be the collateral. Ms. Benedict stated they initially would want to pay for this. She stated they would put this in but would not want to collateralize. Mr. Nichols asked if they can get it approved and defer the collateralization for the month. Commissioner Phillips suggested they would not have to take the plat back and have it remade, but the plat note can be added. Ms. Benedict suggested that every time they come before the Board there are new rules. Chairman Stone stated the water issue has been an issue from the beginning and they are just now providing the information that is required. He is trying to come up with a solution that will be adequate so that they or any purchasers will not have to come back again. Commissioner Gallagher asked about a conditional approval. Mr. Fritze stated that is possible if the conditions are specific enough. He stated he believes the SIA would be required. He spoke to information on the last page by the State Engineer. There is a requirement that they could not get another permit if the well completion report was not done before July of2001. Mr. Montag asked about the ability to place a note on this mylar and that it be initialed so they would know that there has been a change. He suggested approval subject to the placement of the plat note requiring collateralization or the development of a system. Commissioner Gallagher asked they take a break for staff to come up with the appropriate plat note. Chairman Stone called for the break. After the break, Mr. Montag suggested one of the options available is the placement of a plat note on the plat reading as follows: "Lots 1, 2, and 3 of Lazy R Ranch shall not be sold or otherwise conveyed nor shall any building permit be issued by Eagle County for these lots until all the improvements required under the SIA recorded at reception number _ are a) either in place and improved by Eagle County or b) collateralized in the form as described in the SIA and the Eagle County Land Use regulations and acceptable by Eagle County to secure the performance of obligations as described in the Subdivision Improvements Agreement. This plat note shall only be released by the adoption of a resolution so stating by the Eagle County Board of County Commissioners to be recorded in the Office of the Eagle County Clerk and Recorder." Mr. Montag stated what they can do is on the mylar print in see attached note #10 on a separate sheet. Chairman Stone stated they are talking about a plat note and aSIA. Mr. Fritze stated the agreement provides you are going to build a water tank. Any motion by the Board should be to authorize the Chairman to sign the SIA and the related plat. 8 02-28-2000 Mr. Montag stated even with the plat note there will still be an SIA to be signed with the cost of the tank included in that agreement. Bob Essin clarified whether or not there is a need for the SIA if the work has already been done according to the County's specification. Mr. Fritze stated if you don't want the plat signed before the work is done, there doesn't need to be either the plat note or the SIA. Mr. Nichols stated they want to go the plat note route. Chairman Stone stated a motion to approve would be stated subject to the appropriate SIA being made and that authorization would be given for the Chairman to sign which would be done at the same time. Mr. Fritze concurred. He stated he would need a description ofthe work and an engineering estimate as to how much it will cost. Commissioner Gallagher asked if there is more information in the SIA than on the plat note. Chairman Stone stated the SIA provided a description of the work to be done and the costs of that work. Commissioner Gallagher stated he wanted to make sure they were only talking about the water system. Commissioner Gallagher moved the Board approve File No. SMA-000I0, Lazie R Ranch, incorporating staff findings, authorizing the Chairman to sign the plat with the added plat note and the Subdivision Improvement Agreement as it relates to the water system for the proposed property. 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 March 13,2000. ;ee~ Attest: 9 02-28-2000