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HomeMy WebLinkAboutMinutes 07/24/2000 PUBLIC HEARING JUL Y 24, 2000 Present: Tom Stone Johnnette Phillips Michael Gallagher Robert Loeffler Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner Deputy 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 Stone stated the first item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of July 24, 2000, subject to review by County Administrator B) Approval of payroll for July 27, 2000, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for July 10, 2000 D) Resolution 2000-102 authorizing the conveyance of computers and software licenses to the Eagle Riverview Affordable Housing Corporation E) Resolution 2000-103 concerning appointments to the Roaring Fork Valley Regional Planning Commission F) Consolidated Cost Allocation Plan G) Resolution 2000-E-2A Report of the Assessor on Tax Valuation in Eagle County H) Heuschke1 Ranch Right of Way License I) Resolution 2000-104 authorizing final release of collateral and termination of the warranty period for Mark Harrison J) Resolution 2000-105 authorizing final release of collateral and termination of the warranty period for Homestead, Filing 2 K) Agreement with the Family Visitor Program for Early Head Start L) Renewal Letter with the Colorado Department of Public Health and environment for provision of Early, Periodic, Diagnosis and Treatment Services M) Project Agreement for East and West Brush Creek Roads. Commissioner Phillips asked if any of the release of collaterals and authorizations are still on the agenda. Renee Black, Asst. County Attorney, responded they are. Commissioner Phillips stated she had corrections on the minutes. She noted on page 6, second sentence, there is a typo where it reads the organization is "their", it should read "there". She stated on McGrady Acres there is some confusion regarding the findings. There is a second to a motion but she could not find a motion listed. She stated she is not sure that the motion reflected all of the findings. Sara Fisher, Clerk and Recorder, responded they will review the tapes for the motion. Ms. Black spoke to item H, the Ranch Right-of-Way License, stating that there are in fact two agreements. "H" "a" is the right-of-way easement and "H" "b" being a temporary right-of-way license. Commissioner Gallagher stated he does not have an "H" "a" as a permanent easement. He 1 07-24-2000 questioned why there are two easements. Ms. Black stated they need one for construction and the other is for an existing road. She stated they are not in the same location on the piece of property. Chairman Stone stated for backup, all the Board has is the temporary right-of-way license which is "H" "b". They don't have the right-of-way easement. Ms. Black stated they should approve the temporary right-of-way license and the other file will come back next week. Chairman Stone asked they then have one item H being the temporary right-of-way license. Commissioner Phillips asked about item K, and if this is the new "Early Headstart Program". Kathleen Forinash, Health & Human Services Director, explained this is for the second year of this programming beginning August 1, 2000. Commissioner Phillips asked about item L, and if there are really 500 kids on medicaid. Ms. Forinash responded there are and most are pre-school aged children. Commissioner Phillips moved to approve the consent calendar as presented, noting item H is for the temporary right-of-way license, pulling the minutes to be approved at a later date. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matthew Gennett, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00094. Cordillera Subdivision. Filinl!: No.9. Lot 14. An Amended Final Plat, the intent of which is to modify the existing building envelope. He stated staff findings are attached to staffs handout and are to be included as follows: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: a. The Amended Final Plat DOES NOT adversely affect adjacent property owners. b. The Amended Final Plat IS consistent with the intent of the 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 NOT an alteration of a restrictive plat note. Commissioner Gallagher moved to approve final plat file number AFP-00094, Cordillera Subdivision, Filing No 9, Lot 14, incorporating staff findings. Commissioner Phillips seconded the motion. The vote was declared unanimous. AFP-00096. Lot 37. Bearcat at the Ranch at Cordillera Phase II. Cordillera Subdivision. Filine No. 13. The intent of this Amended Final Plat is to change the building envelope in order to accommodate the addition of a deck to an existing structure. He stated staff findings are in the staff handout and are to be included as follows: Pursuant to Section 5-290.G.2 ofthe Eagle County Land Use Regulations, the Community Development Director has made the following findings: a. The Amended Final Plat DOES NOT adversely affect adjacent property owners. b. The Amended Final Plat IS consistent with the intent of the 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. c. This amendment IS NOT an alteration of a restrictive plat note. 2 07-24-2000 Commissioner Phillips moved to approve final plat file number AFP-00096, Lot 37, Bearcat at the Ranch at Cordillera Phase II, Cordillera Subdivision, Filing No 13, incorporating staff findings. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution To Vacate A Public Utility Easement On Lots 9 & 10 In The McGrady Acres PUD Subdivision (File No. G-00009). Commissioner Phillips stated until they get the motion in the resolution she would like to not approve it at this time. Chairman Stone stated they will take no formal action on this resolution today until the minutes are reviewed and approved and the resolution reviewed by the Board. Resolution 2000-106 To Vacate A Public Equestrian Easement On Lots 1 & 2 In The Re- filing Of Lots 25-29 Of Aspen Mesa Estates, First Filing (File No. G-00012). (AFP-00095 is a concurrent accompaniment to this resolution, as approved by the Board of County Commissioners on July10th,2000.) Commissioner Gallagher asked what is a concurrent accompaniment. Mr. Gennett stated that file was previously reviewed and approved but could not be signed until the approval is given to the resolution. Commissioner Gallagher moved to approve Resolution 2000-106 vacating a public equestrian easement on Lots 1 & 2, in the refiling of Lots 25 - 29, Aspen Mesa Estates, First Filing, file number G- 00012. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 2000-108 Approving An Amendment To The Blue Ridge Planned Unit Development And Approving An Amended PUD Control Guide Dated May 22nd, 2000 (File No. PDA-0002l). Commissioner Phillips moved to approve Resolution 2000-108 approving an amendment to the Blue Ridge PUD and approving an Amended PUD Control Guide dated May 22, 2000, file number PDA-00021. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2000-107, Facilitating Blue Ridge Extension Through Kodiak Park (File No. PDA-0002l). Commissioner Gallagher moved to approve Resolution 2000-107, facilitating Blue Ridge Extension through Kodiak Park, file number PDA-00021. Commissioner Phillips seconded the motion. The vote was declared unanimous. Final Settlement, Elam Construction Renee Black presented final settlement for Elam Construction, Upper Cattle Creek project. She stated this matter was advertised and no claims have been received. Commissioner Phillips moved to approve final settlement with Elam Construction for the Upper Cattle Creek project. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Final Settlement, Best Access Systems Jim Elwood, Airport Manager, presented final settlement for Best Access Systems, for the 3 07-24-2000 installation of automatic gates at the Eagle County Regional Airport. He stated this matter was published and a claim has been filed by Tri Phase Electric in the amount of$I,168.00. He stated this is a first for him and asked the Attorney's Office for their input. Ms. Black stated they will approve the final settlement but reserve the $1,168.00 which will then be distributed after further review has taken place. Commissioner Gallagher moved to approve final settlement for Best Access Systems, for the installation of automatic gates at the Eagle County Regional Airport, reserving $1,168.00 for a claim made by Tri Phase Electric. Commissioner Phillips seconded the motion. The vote was declared unanimous. Plaque Presentation Jim White, Denver Regional Census Center, was present to give appreciation and thanks to the efforts made in Eagle County regarding the 2000 Census. He stated he represents the regional Census office out of Denver. He spoke to also representing the branch office in Grand Junction. He stated the first time he came forward in this regard was in 1988. They started with mapping and since have continued getting help from the Mapping Department and the Planning Department. He thanked Joe Forinash and Sara Fisher who has been involved along the way. He spoke to complete count committee. He thanked John Staight from the GIS Department as well. Additionally they took advantage of all the help they could within the community. He spoke to the door hanger and the printing involved. He spoke of coming through Eagle County for the road tour. He stated when the got to Eagle County they had the fire truck, ambulances and the Census tour bus. He stated they picked up the same type of parade in Gypsum and did the same there. He stated the other things Eagle County did was provide office space for testing and training and wrote news articles. He thanked Johnnette Phillips as well. He also thanked Pam Brandemeyer from the Town of Vail and Jen Brown from the Chamber of Commerce. He presented a plaque to the County for their cooperation in achieving success in 2000. He stated he also has plaques for Ms. Brandemeyer and Ms. Brown. He spoke to the deadlines and that the information will be back to the county in April of 200 1. Chairman Stone asked what the percentage may have been in Eagle County. Mr. White responded there was a double of output from 1990 on the initial response rate, that being 47%. He stated in the non-response follow up they completed first as a region. He stated they are still working with the County identifying any places that may have been missed. He stated the Grand Junction office is in touch with the County departments to follow up on that. Chairman Stone thanked the Census and thanked Ms. Brandemeyer and Ms. Brown for their efforts and presence. 1041 Permit Completeness Hearing Ross Easterling, Environmental Health Officer, presented the 1041 Permit Completeness Hearing for a major extension of an existing water system, the construction of major new water and sewer treatment systems and the efficient utilization of the municipal water projects to serve the Frost Creek Development. The action that is requested from the Board is to determine completeness of a 1041 Permit application and to estimate associated processing fees. Adams Rib has submitted a 1041 Permit application for the construction of major new domestic water and sewage treatment systems in addition to a major extension of the Town of Eagle's existing water system as well as efficient utilization of both municipal water systems to serve the Frost Creek Development. Staffhas reviewed the above referenced application and has found it to be complete. We have tentatively scheduled the hearings for the Planning Commission and Permit Authority on September 6, 4 07-24-2000 2000 and September 18,2000, respectively. Estimated fees for the above referenced 1041 Permit application are as follows: Community Development Staff 12 Hrs @ $42.50 = $ 510.00 Engineering Staff 8 Hrs @ $42.50 = $ 340.00 Attorney Staff 8 Hrs @ $75.00 = $ 600.00 TOTAL = $1,450.00 Commissioner Phillips moved the Board accept the application submitted by Frost Creek for site selection and construction of major new domestic water and sewage treatment systems; the major extension of a domestic water treatment system and the efficient utilization of the municipal water projects as complete. The estimated fee to process this application is $1,450.00 and may be altered to cover the actual cost of review and public hearings. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved the Board approve the applicant's request for waiver ofthe special use permit requirement as allowed in section 3-310-1 ofthe Eagle County Land Use Regulations. Commissioner Phillips seconded the motion. The vote was declared unanimous. ZS-00063, Remonov & Company, Inc. Matt Gennett presented file number ZS-00063, Remonov & Company, Inc. He stated the applicant is requesting this matter be tabled to August 14,2000 as they could not be present today. Commissioner Phillips moved to table file number ZS-00063, Remonov & Company, Inc., to August 14, 2000 at the applicants request. Commissioner Gallagher seconded the motion. The vote was declared unanimous. ZS-00062, Alpine Christian Academy Jena Skinner, Planner, presented file number ZS-00062, Alpine Christian Academy. The Alpine Christian Academy, a private school in the Resource Zone, received their first Special Use Permit (ZS- 352-94) in 1994 allowing them to open an educational facility on the property of the Basalt Bible Church. The school was allowed to have the enrollment 150, with original grade levels, K through 8. In 1996 the ACA applied for an amendment to ZS-352-94 in order to allow for new construction; not to increase enrollment, but to enlarge classroom spaces. Alpine Christian Academy seeks to amend its current Special Use Permit (ZS-390-96) in order to increase enrollment from 150 students, to 220 students. The current grade levels are K through 10. The Academy would like to now operate K through 12, having a limit of 14 students per classroom, 14 classrooms, or 196 students at this time. The 220 students are proposed to allow for flexibility in classroom size in the future. This file first went before the Roaring Fork Valley Regional Planning Commission on May 4, 2000. The file was tabled until June 8,2000 in order for the applicant to collect additional information the Planning Commission needed in rendering a decision. At the June 8th hearing date, almost all of the issues from the previous meeting were the same. They were as follows: Alpine Christian Academy / Basalt Bible Church still needed an access permit, Staffhad received letters from surrounded property owners stating they allowed the children to play on their property, but no square footage numbers were received (PC requested information at May 4th hearing). Staff received a current landscaping plan however, no proposed landscaping with Sagewood 5 07-24-2000 Townhomes was provided (as requested at May 4th hearing by PC). Staff still questioned whether the current Special Use Permit condition regarding landscaping had been satisfied. She stated the trees were to be re-situated around the modular which staff believes has not been done. Adjacent property owners have expressed dissatisfaction with the current landscaping. Ms. Skinner stated the applicant also disagrees with the review time which is in 2003, which is the end of the lease. She stated in 1994 this location was for a temporary use until the next school location was found. At the end of the lease this use will have continued for 10 years. She stated the applicant is not in agreement with condition number 3 and 6 as follows: 3) Within sixty (60) days of the date of approval of this File No. ZS-00062 by the Board of Eagle County Commissioners, Applicant shall have executed a Performance Bond with Eagle County pursuant to Section 5-250.D of the Eagle County Land Use Regulations. Said Bond shall include, but not be limited to, the costs associated with additional landscaping to be placed between Sagewood Townhomes' property and Alpine Christian Academy (including the parking lot boundary). A Trash enclosure shall also be constructed. 6) This Special Use Permit shall undergo a review pursuant to Section 5-250.C of the Eagle County Land Use Regulations. on or before December 31 st ofthe year 2003, or at the termination ofthe Lease Agreement, whichever is sooner. Engineering still would like a Traffic Impact Study to show what the increase in traffic will be. The Planning Commission still questioned whether location was appropriate for highschool grades. New issues: It was discovered that the original application was for K through 8. Now operating K through 10. The applicant told the Planning Commission that they would now like K through 12. The Planning Commission wanted to now why 220 students were being requested as the school plans to regulate classroom numbers and class size to accommodate 196 students- max. The termination of the Special Use Permit, as recommended by Staff in the previous Staff report- The applicant did not think that it was necessary. The Planning Commission made a recommendation for a Review instead of having the Special Use Permit expire. The Planning Commission recommended approval with conditions as follows: 1) Except as otherwise modified by this Permit, all material representations of the Applicant in this application and public meeting shall be adhered to and considered conditions of approval. 2) That ZS-00062 is to allow K through 12th grade with no more than 196 students. There shall be no more than 64 students in the high school level (grades 9-12). This Special Use Permit shall be reviewed by Eagle County Community Development prior to December 31 st ofthe year 2003, or at the termination of the Lease Agreement, whichever is sooner. 3) Limit of (no more than) 20 student vehicle drivers able to park daily in the parking lot of the Christ Community Church. 4) Within ninety (90) days of the date of approval of this File No. ZS-00062 by the Board of Eagle County Commissioners, Applicant shall have erected a fence between the DOW land and ACA property. 5) A trash enclosure shall be constructed. Ms. Skinner stated the referral responses are found on staff report as follows: Staffhas received numerous letters of support from people associated with the school (parents and neighbors; see attached). However, Staffhas also received additional opposition from Sagewood Townhomes' homeowners (see attached). Engineering: in a memo dated June 29, 2000: 1) a traffic report enumerating the total trips generated by the existing use and the proposed expansion of use should be provided. 2) Highway Access Permit trip generation numbers are not acceptable as they would be 6 07-24-2000 skewed because some of the uses are grand fathered. Ms. Skinner stated staff findings are found on the staff report as follows: Highlighted Findings, are Findings now made positive by Conditions found in Section G. Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: Section 5-250.B.l Findin~: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. Section 5-250.B.2 Findine: AS CONDITIONED Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. Section 5-250.B.3 Findine:: Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-330, Review Standards Avplicable to Particular Commercial and Industrial Uses. Section 5-250.BA Finding: AS CONDITIONED Design Minimizes Adverse Impact. The design of the proposed Special Use DOES minimize adverse impacts, including visual impact ofthe proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. Section 5-240.F.3.e (5) Findine:: AS CONDITIONED Design Minimizes Environmental Impact. The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Section 5-250.B.6 Finding: AS CONDITIONED Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services, such as roads. Section 5-250.B.7 Findine: AS CONDITIONED Site Development Standards. The proposed Special Use DOES comply with all the appropriate standards in Article 4, Site Development Standards. Section 5-250.B.8 Findine: Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Ms. Skinner showed photographs of the property for the Board. Commissioner Gallagher asked about the elevation between the Academy and Sagewood Townhomes. Ms. Skinner replied they are up the hill so approximately a 5% slope difference. She showed the slide which is the view from Sagewood to the Academy. Campbell Meyer, Isom and Associates, introduced William Collins, Headmaster of the Academy and Karen Sloan. He stated they are going to increase the number of students at the school and have floor plans to show the space available to accommodate more students. He spoke to the whole campus and the agreements they have in place. He stated they have received approval from the Roaring Fork Planning Commission. He stated the conditions suggested by engineering include a traffic report which they have submitted. He spoke to the performance bond for landscaping and believes it is not necessary. 7 07-24-2000 He stated Bill Perot is present as the landscape architect. He stated there was an issue raised with the proper placement of the planting. He referred back to the Board notes when this was raised as an issue and specifically deleted by the Board was the specific spot where the trees were to be planted. He stated the Academy has complied fully with its permits and they have the proper amount of planting to comply. He stated as for the DOW and the recommendation of the fence to accommodate signage for regulations governing that piece of property, they have not completed the survey of their lands. The Academy would like to comply and will do so once the survey is done. He spoke to the stipulation for review. He stated the Academy understands they are at maximum build out and believe this use has been running for some time and the review may not be necessary. He last spoke to the high school students parking in a different area. While that is a rule in place, the other condition is needed for them to park near the Church and modular building. While most often parking will be in the Christ Community Church parking lot, parking may be necessary elsewhere. Chairman Stone asked of public comment. There was none. Commissioner Gallagher asked if staff could respond to the landscaping issue. Ms. Skinner stated on page 2 of the resolution it speaks to the landscaping and concurred it was screening of the modular. She stated currently between the Sagewood Townhomes and the property line, they have some of the trees, but the second half of the tree planting has not been done for screening purposes. Chairman Stone asked if it was true that second half of the planting hasn't taken place. Mr. Meyer stated there are a significant number of seedlings to be planted. He stated there are ten foot and five foot trees planted within the time. He stated there are potential planting's to further plant the area. Chairman Stone asked if they are just objecting to the bond. Mr. Meyer responded that is correct. Ms. Skinner stated the landscaping condition is to address the proposed planting. Commissioner Gallagher asked if they have an idea of what is proposed. He asked if the intent ofthe special use is temporary. He stated he understood when it was first granted it was temporary for ten years. Karen Sloan from Beatty and Chadwick, stated there was no mention of temporary in any of the special permits. She stated there was a comment made at the hearing that it may be temporary but it was not a condition of the special use. It was granted as a full use until it is not used as such. Ms. Skinner stated it was represented by staff as a temporary use. She stated there was a letter from Ellie Caryl asking Ken Long what was met by temporary use. Commissioner Gallagher asked Bill Perot, Landscaping Service, if they currently have trees ready to plant. Mr. Perot stated they have to be planted to screen Sagewood from the modular. He showed the area on the overhead. He showed where they will be placed because of the throughway. He stated they do have adequate area to put up a screen. He stated they are in compliance with the previous requirements. They are willing to comply with the landscaping suggestions to plant more trees and have more available. Chairman Stone asked if they are conifers or not. Mr. Perot stated they can not block the whole area. He showed the other trees on the property. He stated they are nurturing additional landscaping that are on irrigation systems, they are healthy and they will grow. Commissioner Gallagher asked how long it will take to have the landscaping plan put on paper. Mr. Perot stated this is the first he has heard of an additional landscaping plan. The Board has copies of the plan as it exists. He stated he can provide a future plan if needed. Chairman Stone asked about the road between the two areas. William Collins, the head of the school, responded they use that to get to the bus stop and then it 8 07-24-2000 is used for overflow parking for the residents of Sagewood. Commissioner Gallagher asked if the slide was looking east or west. Mr. Perot stated down the dirt path is where they will put the evergreens and the aspens blocking the visual aspects. Commissioner Phillips stated she has talked to some of the people at Sagewood who have complained about the Basalt Bible Church more than the Academy. She feels they are being generous by allowing them to use their property. She stated the major complaint she has heard is that the color coordination is not something with which the owner was comfortable with. She asked about the color combinations. William Collins stated all of the sidings have been color matched and are the same color. He stated two of the buildings have the dark brown roof shingles and the modular has light colored shingles. Chairman Stone stated where they are is to address the items they are not in agreement on. He stated with the discourse concerning the landscaping, they would like to review what was agreed to previously. He believes the project is generally acceptable. He asked for a ten minute break. Chairman Stone asked Ms. Skinner to review the information she presented them. Ms. Skinner stated the first is a letter from Ellie Caryl dated May 16, 1994, to Ken Long representing Alpine Christian Academy. She stated in that letter there are a number of questions asked, one being the temporary use. Chairman Stone read item 7 from the letter which asks how long is temporary and what will it be used for in the future. It spoke to the use by right and the resource zoning. Ms. Skinner referred to the staff report dated August 2, 1993 wherein she speaks to the temporary nature and the desire to relocate when and if possible and the building being turned over to the Bible Church. Chairman Stone referred to Ken Long's response which suggests the Chapel may move to an unknown location. He did not answer the question about the length of stay. Ms. Skinner stated in the Planning Commission meetings it was also referred to as temporary. Ms. Sloan suggested that this is Ellie's opinion and it does not say that the use of the buildings as a school is temporary. She stated it did not appear in the special use permit. Chairman Stone asked if they expect this to be a temporary or permanent use facility. Ms. Sloan responded permanent. Chairman Stone asked why they would have gotten a special use permit. Renee Black responded a special use permit does not imply the use is temporary. Chairman Stone asked if typically there is a time for review or a time for the permit to expire. Ms. Black stated under the old regulations as long as the use continued under the special use and the applicant is in compliance, the use is indefinite. Under the new regulations it can be limited and there is a compliance check which has a recommendation that it be reviewed for compliance periodically. This application is speaking to a new use for more students. Chairman Stone stated if they never changed their use they'd be grand-fathered. But because of the new request they must comply with the new regulations. He suggested the option was put in for specific situations where the proposal needed enforcement. Ms. Skinner read from the special use permit requirements. Chairman Stone asked why staff would recommend this be reviewed in 2003 or at the end of the lease. Ms. Skinner stated the main reasoning is to ensure that everything conditioned has been fulfilled. She stated as well, they can accommodate classroom space but the property is very small. She stated this is a way to ensure that the school is functioning normally and in a healthy capacity. She stated it is also because they interpret it to be a temporary facility. Chairman Stone stated the original intent mayor may not have been temporary, but it is now understood the applicant means it to be permanent. He recommends staff review this with a permanent 9 07-24-2000 use in place. Commissioner Gallagher asked to review the conditions to get a better understanding about what is or is not being agreed to. Chairman Stone reviewed the conditions as follows. 1) Except as otherwise modified by this permit, all material representations of the applicant in this application and all public meetings shall be adhered to and considered conditions of approval. The applicant was in agreement with this item. 2) A Traffic Impact Study shall be completed prior to the Fall of2000 school session. The applicant stated they can do that internally. 3) Within sixty (60) days of the date of approval of this File No. ZS-00062 by the Board of Eagle County Commissioners, applicant shall have executed a Performance Bond with Eagle County pursuant to Section 5-250.D ofthe Eagle County Land Use Regulations. Said Bond shall include, but not be limited to, the costs associated with additional landscaping to be placed between Sagewood Townhomes' property and Alpine Christian Academy (including the parking lot boundary). A trash enclosure shall also be constructed. Chairman Stone asked if what the objection was is the submission of the performance bond. Mr. Meyer stated they have agreed with staff on the proposal of additional landscaping. Chairman Stone asked if staff is still concerned about not having the performance bond. Ms. Skinner stated as long as they do what they say, there will be no need for the performance bond. 4) Applicant shall submit a Landscape Maintenance Plan pursuant to Section 4-240 of the Eagle County Land Use Regulations. Said Plan shall be considered a condition ofthis Special Use Permit. Chairman Stone asked if the said plan should include timing, location and number of trees. 5) Within ninety (90) days of the date of approval of File No. ZS-00062 by the Board of Eagle County Commissioners, Applicant shall have erected a fence between the Division of Wildlife property and Alpine Christian Academy property. Mr. Meyer stated they do not agree with the ninety days of this date, but would like it to read 90 days from the receipt of the survey from the Department of Wildlife. Ms. Skinner stated staff believes, as does the Planning Commission, they must rely on the DOW to identify the property lines. Commissioner Gallagher asked if the applicant knows where the lines are. William Collins stated it makes good sense to put the fence in after the survey is complete. It is their fence. Ms. Skinner stated the area is quite limited so children are playing on the DOW's property. William Collins stated the DOW wants to be able to post locations. The fence won't keep anyone out. Commissioner Gallagher asked if they have anything from the DOW requesting the fence. Ms. Skinner stated it is included in their backup. Chairman Stone stated it is a letter dated April 20, 2000 from the DOW to Ms. Skinner. He read the final paragraph about the wildlife friendly fence. He spoke to use of their property by the school and the surrounding areas. It stated they would work with the Academy about the design and the location. 6) This Special Use Permit shall undergo a review pursuant to Section 5-250.C of the Eagle County Land Use Regulations. on or before December 31 st ofthe year 2003, or at the termination ofthe Lease Agreement, whichever is sooner. The Board agreed they had enough information on item 6. 7) All driving high school students must park within the lot of the Christ Community Church. This off-site parking area shall have designated parking spots for students; there shall be no student parking in any other location. Chairman Stone asked about the issues they have with this. 10 07-24-2000 Mr. Meyer spoke to the need for additional parking. Ms. Skinner stated at the Planning Commission, hearing there was much discussion about the parking and the Planning Commission, they wanted the kids off the road as soon as possible. Commissioner Phillips stated she did agree with that. They will have a limited number of high school students with cars and doesn't see a problem with requiring them to park on the lot. She stated you can't dictate the need for parking. Commissioner Gallagher asked if the applicant had given a parking plan. Ms. Skinner stated they have. Commissioner Gallagher asked about car pooling. William Collins stated they do have vans that provide service from outside locations. His daughter is sixteen and will be driving. Commissioner Phillips moved the Eagle County Board of County Commissioners approve File No. ZS-00062, Alpine Christian Academy, incorporating staff findings and with the following conditions: 1) Except as otherwise modified by this Permit, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2) A Traffic Report shall be completed prior to the Fall of2000 school session. 3) A trash enclosure shall also be constructed. 4) Applicant shall submit a Landscape Maintenance Plan pursuant to Section 4-240 of the Eagle County Land Use Regulations. Said Plan shall be considered a condition of this Special Use Permit including the location of trees, the types to be planted and the dates of planting. 5) Within ninety (90) days of the date of the survey by the Department of Wildlife, applicant shall have erected a fence between the Division of Wildlife property and Alpine Christian Academy property . Commissioner Gallagher seconded the motion. Chairman Stone reviewed the conditions asking that all findings be submitted into the record. Commissioner Phillips amended her motion to include staff findings. Commissioner Gallagher concurred. Chairman Stone called for the question on the motion. The vote was declared unanimous. PDF -00051, Quartermoon Final Plat Cliff Simonton, Planner, presented file number PDF-00051, Quartermoon Final Plat. He stated given that more than three separate ownership interests in duplexes and triplexes are being created from this Tract Q, the Minor B process is not available. This final plat functions essentially to fulfill the same purpose. In total, thirteen separate lots plus common areas and easements are hereby created: two single-family residences, four duplex structures, and one triplex structure. The Preliminary Plan for this development was approved when the Board approved a PUD Amendment for Arrowhead (including Lower Bachelor Gulch Village wherein is found Tract Q) on April 27, 1998 (File N9. PDA-00007; Resolution No. 98-66); and recorded an accompanying Amended Final Plat on May 19, 1998 (File No. AFP-00036; Reception No. 656899). At this time, the allowed density in Tract Q was changed from 18 units to 49 "Multi-Family/Cluster Homes." It should be noted that the PUD Amendment also allowed for Interval Ownership as a use-by- right (although none is proposed with this File No. PDF-00051), and specifically provided "that non- habitable space, including but not limited to porte-cocheres, roof overhangs, above-grade balconies and retaining walls, may encroach into [the ten foot road right-of-way]." Referral responses are attached to the staff report as follows: Eagle County Engineering. The three Engineering comments have been satisfied. 11 07-24-2000 Eagle County Surveyor. The four Surveyor's comments have been satisfied. Staff findings are also attached to the staff report as follows: Pursuant to Section 5-280.B.5.b.(3) Final Plat for Subdivision - Action bv the Board of County Commissioners: This Final Plat for Subdivision CONFORMS to the approval given to the Preliminary Plan for Subdivision. Pursuant to Section 5-280.B.3.e Standards of the Eagle County Land Use Regulations: 1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM of the Master Plan; 2) Consistent with Land Use Regulations. The proposed subdivision DOES 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. 3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS 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. (a) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions ARE consistent with the Eagle County Road Capital Improvements Plan. (b) 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. (c) 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. 4) Suitability for Development. The property proposed to be subdivided IS 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. 5) Compatible With Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and DOES NOT adversely affect the future development of the surrounding area. Commissioner Gallagher asked about the chronology. Keith Montag, Director of Community Development, stated the preliminary plan was completed in 1998 as was an amended final plat. The applicant was able to start construction. This plat is creating lots around existing foundations so they can establish lots or lot lines for these existing units. Commissioner Gallagher moved the Board approve file number PDF-00051, incorporating Staff's Findings, reflecting those findings in the minutes and authorize the Chairman to sign the plat. 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 July 31, 2000. Attest: _rk Q ~AL< Clerk to the Bo d ~.~ Chairman 12 07-24-2000