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HomeMy WebLinkAboutMinutes 02/13/2001 PUBLIC HEARING FEBRUARY 13,2001 Present: Tom Stone Michael Gallagher Am Menconi James R. Fritze Jack Ingstad Sara 1. 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 Stone stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for week of February 12,2001, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting minutes of January 30, 2001 C) Amendment to the August 22, 2000 Letter of Agreement Between Eagle County and the Colorado Housing and Finance Authority (CHFA) with respect to the administration of Eagle County's Mortgage Credit Certificate (MCC) Program, for administration ofthe additional allocation of $2,985,334 D) Resolution 2001-024 Appointing Am Menconi as Director of Lake Creek Affordable Housing Corporation E) Resolution 2001-023 conferring Power of Attorney up the Attorney's Office to draw on Letter of Credit No. 361 in the amount of$634,015.80 for the account ofMRLD, Miller's Ranch, drawn on Weststar Bank, Letter of Credit will expire February 14,2001 F) Contract between Eagle County Colorado and G & K Team Wear for employee uniforms for Eagle County Fleet Maintenance Department G) Contract between the County of Eagle and Colorado West Mental Health Center H) Contract with Colorado Department of transportation for the SH 82 Access Control Plan. Chairman Stone asked the Attorney's Office if there were any changes to the Consent Calendar. Bob Loeffler, Deputy County Attorney, asked that Item H be pulled as there is some confusion with the exhibits attached to the contract. . ~ ~'~"_ Chairman Stone stated Item H, the Contract with Colorado Department of Transportation for the SH 82 Access Control Plan is pulled. Commissioner Menconi stated he had no questions. Commissioner Gallagher asked about Item F and the specifics. Brad Higgins, Road & Bridge Director, explained they stock 11 uniforms per person and they have 7 people who will utilize the uniforms. He stated the cost is $6,200.00 per year. Commissioner Gallagher asked on the minutes why "Executive Session" is always in quotes. Sara Fisher, Clerk & Recorder, responded, because Ms. Roach has always done that. Commissioner Menconi moved to approve the consent agenda, items A through G, item H being pulled. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 1 02-13-2001 Plat & Resolution Signing Matthew Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2001-025. To Approve The Robinson Subdivision Zone Change. The Board heard the applicant's request at its regular meeting on January 30th, 2001. Commissioner Gallagher moved to approve Resolution2001-025, for the Robinson Subdivision Zone Change, file number ZC-00045. Commissioner Menconi seconded the motion. The vote was declared unanimous. Final Settlement, M.A. Mortenson Bob Loeffler, Attorney's Office, presented final settlement for M.A. Mortenson for the construction of the Joint Maintenance Service Center, He stated they would like to pull this, re-advertise and bring it back at a later date. Chairman Stone stated no action will be taken at this time. Final Settlement, Colorado Strijpe Wright, Ltd. Bob Loeffler presented final settlement for Strijpe Wright, Ltd for the 2000 Centerline Marking Project. He stated this matter was published and no claims have been received. Commissioner Menconi moved to approve final settlement for Strijpe Wright, Ltd for the 2000 Centerline Marking Proj ect. Commissioner Gallagher seconded the motion. The vote was declared unanimous. PDP-00020, ZC-00046, Sopris Tree Farm PUD Joseph Forinash, Planner, presented file number:: PDP-00020 and ZC-00046, Mt. Sopris Tree Farm PUD Preliminary Plan and Zone Change. He stated these files have not been acted on by the Planning Commission and requested they be tabled. Chairman Stone asked if this must be tablec .0 a date certain. Jim Fritze, County Attorney, stated it does Otherwise it will have to be re-advertised. Mr. Forinash stated it could be tabled to t:: 27th. Jack Ingstad, County Administrator, sta~,ed they have a liquor license file that is being heard that day and may go longer. Chairman Stone asked if they could continue that file. Mr. Fritze stated the Board could table the liquor file but they are likely to have a number of individuals here that will have been subpoer~aed. Chairman Stone suggested that they could work into the evening on the 27th. Commissioner Menconi moved to table file numbers PDP-00020, ZC-00046, Sopris Tree Farm PUD, to February 27, 2001. Commissioner Gallagher seconded the motion. The vote was declared unanimous. SE.00023, Hughes Parcel Matt Gennett presented file number SE-00023, Hughes Parcel. He stated the purpose of this Exemption Plat is to legally rec(,',nize one parcel of land currently owned by the Monroe Property Company. The total acreage of .,Ie lot is .6088 acres. The lot exists in a Resource zone and is in a state 2 02-13-2001 of illegal non-conformance. There is an existing home on the parcel, which replaced the original home that was on the property since the early 1960s. The lot has legal access, sewer and water. The chronology of this file is as follows: The Hughes Parcel was transferred to Douglas L. and Hazel M. Hughes by deed - recorded on February 8th, 1966 (Book 191, Page 235). The property has changed ownership four times since 1966 and has been owned by the Monroe Property Company since July 18th, 1996. Staff findings are as follows and shown on Staff report: Pursuant to Section 5-270 Subdivision Exemption of the Eagle County Land Use Regulations, findings are follows: The lot in questions W AS created and established in the records of the Clerk and Recorder prior to August 22, 1984 notwithstanding compliance with Eagle County Land Use Regulations in existence at the time of the creation of the parcel. A certified survey of the parcel HAS been submitted which includes legal description meeting the minimum requirements ofa land survey plat pursuant to 38-51-106 C.R.S., and all record and apparent rights of way, easements and monumentation ARE indicated on the Plat. Legal and physical access to a public right of way by a conventional vehicle HAS BEEN demonstrated. The land proposed for exemption HAS a legal, physical, adequate, and dependable potable water supply. The land proposed for exemption HAS a waste water disposal system, or other lawful means of disposing of human wastes that complies with all public health laws. Satisfactory evidence HAS been provided demonstrating that the exemption WILL NOT create hazards, and the lot DOES contain a safe, adequate building site. Chairman Stone asked who used to live there. He asked if this is in conformance with the area. Mr. Gennett stated one parcel is a legal non-conforming lot and the other is an illegal non- conforming parcel. He stated they do not have to merge. Commissioner Gallagher asked him to explain. Mr. Gennett stated they have standards for judging conformance or non-conformance. Commissioner Gallagher asked what will be the purpose of this request. Mr. Gennett stated to show it as a legal parcel. It does not increase any level of it's illegality or legality. He stated it has been in this use since the early 1960's but has never come through the channels. Commissioner Gallagher moved to approve File No. SE-00023 incorporating the findings and authorizes the Chairman to sign the plat. Commissioner Menconi seconded the motion. In discussion, Chairman asked what happened to parcell. Mr. Gennett stated that is the Heritage Parcel and that has been legally recognized. Chairman Stone asked why that didn't happen at the same time. Mr. Gennett stated it was then owned by two different owners. Chairman Stone asked about the zoning. Mr. Gennett stated it is Resource Zone and is pre-existing. It is .60 acres. He stated it exists in a very unique situation. Development seems to have happened around the parcel. Chairman Stone asked if the Board feels the zoning is inappropriate can they condition it. Mr. Fritze stated they Board could institute a re-zoning, but that would have to be a separately advertised and held hearing. They are not bound to any time commitment to the exemption plat. This action could be tabled until the re-zoning is heard. Chairman Stone stated this is another situation where this Board ends up fixing issues that were not previously handled properly. He wanted to make sure that this fix is permanent and will not have to 3 02-13-2001 be dealt with by another Board. Commissioner Menconi stated this is the final plat and asked if there had been a sketch plan. Mr. Fritze stated this is an exemption and the only time it is being heard. Commissioner Gallagher asked if the County can institute a zone change on any parcel. Mr. Fritze stated that is correct unless there are vested rights. Commissioner Gallagher asked if they should bring both of these parcels in to compliance. Mr. Fritze stated if the Board is going to look at a zone change they should look at other properties in the area. Chairman Stone spoke to previous files that were otherwise zoned. He explained those have been changed into higher density zoning. Resource zoning just does not make sense for this property. Carol Collins, Slifer Smith and Frampton, stated when she found out the title wasn't clear they wanted to bring it into conformance. She stated the owner doesn't want to spend a lot more time or money on this. She stated if anything additional is done to the property they have to come back to the County. Chairman Stone stated they have a building there without a building permit. He stated he is not trying to stop the owner from cleaning up the process, but he is trying to help in the clean up. If they are going to clean up the history, he suggested they get it all cleaned up so a future Board will not have to deal with it. Ms. Collins asked if someone wants to add on to the house don't they have to come in for a building permit. She suggested that is when it should be or could be addressed. Chairman Stone stated historically that property has had horses on it. Ms. Collins stated not this property but the Heritage property had the horses. Mr. Gennett stated this property could not have horses. Chairman Stone spoke to the what ifs of non-conforming properties. He stated what once did work doesn't work any more. He is trying to make sure they complete this fully. Even though it is zoned resource, really the only use is single family. Commissioner Gallagher stated he would have no problem with the motion, but would ask staff to initiate any zone change. Chairman Stone called for the question on the motion. The vote was declared unanimous. PDF -00058, Cordillera Filing 37 Bob Narracci, Planning Manager, presented file number PDF-00058, Cordillera, Filing 37. He stated the intent of this plat is to create 21 single-family residential lots. The subject property is located in Cordillera Mountain Tract Planning Parcel U-l which, allows a total of 40 single-family residential lots. The chronology for this file is as follows: January 2000: The BoCC approved an expansion of the Cordillera Metro District to service the 40 small lots in parcel U-l (1041-0026); March 2000: BoCC approved the Cordillera Sixth Amended and Restated Planned Unit Development Control Document (PDA-00025); March 2000: BoCC approved the Preliminary Plan for Planning Parcel U-l. Parcel U-l consists of a cluster of 40 small lot single-family residential lots situated around the future clubhouse of Cordillera's Mountain Tract golf course. (PDP-00014); May 2000: BoCC approved a variance from improvement standards to construct roads similar in design to those presently existing (VIS-00006); May 2000: BoCC approved the Final Plat for the first phase of Filing 37, consisting of 19 lots (PDF-00045). 4 02-13-2001 Staff findings are as follows and as show on staff report: Pursuant to Section 5-280.B.5.b (3), of the Eagle County Land Use Regulations: 1. This final plat DOES conform with the approved Preliminary Plan for Subdivision. No outstanding issues remain. 2. Required improvements ARE adequate. A Subdivision Improvements Agreement for improvements associated with this Final Plat has been prepared by the County Attorney's Office and has been executed by the applicants in this case. 3. Areas dedicated for public use and easements ARE acceptable and; Pursuant to Sections 5-280.B.5 and 5-280.B.3.e. of the Eagle County Land Use Regulations: (1) Consistent with the Master plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the Future Land Use Map of the Master Plan. (2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all applicable standards and provisions of the 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, require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (4) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan or shall be required prior County approval of an amendment to the service plan. (5) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate population of the service area to avoid future land disruption which would occur if under-sized lines had to be upgraded. (6) Coordinate Utility Extensions. 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. (7) Suitability for Development. The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural, or human-made hazards that may affect the potential development of the property, as well as existing and probable future public improvements to the area. (8) 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. Matt Dean, representing the applicant, was present and had no comments. Commissioner Gallagher asked to see the second slide. He asked what the property is to the east that is colored in. Mr. Dean stated that is part of lot I and is part of the wildlife corridor. Commissioner Menconi asked if there was any public input or discussion regarding this proposal. Mr. Narracci stated the preliminary plan and subsequent hearings have provided at least three opportunities for comment. Chairman Stone stated there was opportunity for public comment, but none was submitted. He spoke to Cordillera's reputation and their respect of the process and completeness. Commissioner Menconi asked if he should take part in the voting of this as he was not present during the previous hearings. Mr. Fritze stated he would advise Commissioner Menconi to cast his vote. Each hearing is separate with separate approval criteria. He believes he can adequately participate in this process. Commissioner Menconi stated technically he would be approving what was worked out in preliminary plan. Mr. Fritze stated what he would be finding is that he approves ofthe previous approval criteria. 5 02-13-2001 Commissioner Menconi moved the Board approve File No. PDF-00058, Cordillera, Filing 37, incorporating the findings and authorize the Chairman to sign the Plat. Commissioner Gallagher seconded the motion. The vote was declared unanimous. LUR-0033, Land Use Regulation Amendment Keith Montag, Director of Community Development, presented file number LUR-0033, Land Use Regulation Amendment. He requested this matter be tabled to March 20,2001. He stated that due to continuing discussion with the public and the Planning Commission, the Commission has yet to submit a plan. Commissioner Gallagher moved to table file LUR-00033, Land Use Regulation Amendment to March 20,2001 at Staffs request. Commissioner Menconi seconded the motion. The vote was declared unanimous. SD-0020, Frost Creek Service Plan Chairman Stone introduced file number SD-0020, Frost Creek Service Plan which was tabled from February 6, 2001 so that the applicant's attorney could be present. It was suggested by the Board of County Commissioners that the applicant may want to withdraw the service plan. Boots Ferguson, Holland and Hart, introduced Randy Cloyd. He stated they have taken the advisement ofthe Commissioners and believe it is appropriate to withdraw the file at the Town as well as the companion file, the Ranch. Their goal is to resubmit the petitions to this Board in the near future so that they can make the November election schedule. They will be submitting a revised plan in the future. Chairman Stone asked what the time line is. Mr. Ferguson stated they believe the drop dead date is April!'t. Because of notification, the County process and the election process they get backed up this far. Chairman Stone asked ifthere is anything they must do. Jim Fritze stated they must recognize the file has been withdrawn. Chairman Stone stated they acknowledge the withdrawal. Chairman Stone asked what the time table is for this and the Ranch files. He wants to make sure the applicant and the Board are in sine and have a full understanding of where the other person intends to go and what the intended time frame is. He suggested there are several different opportunities and he has heard through the grapevine the desire may be to run the schedule faster than the County can handle. Randy Cloyd stated the Ranch PUD is before the Planning and Zoning and it has been tabled to next Wednesday. He asked them to hear some land use issues within the next month and could hear from the public and the Town. They predicted that by about April 18th the 1041 for the Ranch will be with the Planning & Zoning. He stated the major contention on the item is the language issue. He suggested by the 18th of April they will have worked out the land use issues and then have this to the Board by May 15. Frost Creek they would like to come up behind the Ranch and it could move forward as well. They are working on issues while the 1041 goes through the referrals and they intend on hooking into the Town. The problem with the Town are the land use issues. Chairman Stone stated what he wants to avoid is compromising the applicants process and that no steps are missed. He does not want to see this rushed. He stated he thinks that Adam's Rib Development Company has had an interest in working with the Town of Eagle and moving at a speedier pace than the Town wanted to move at. Eagle County wants to move forward briskly but he wants neither the Planning Commission or the Board to feel rushed. Mr. Cloyd stated they would like to use the time now to discuss the issues on the land use and have plenty of opportunity to work things out and when the 1041 comes, they will have had the time to 6 02-13-2001 do that. Mr. Ferguson stated he would not want the Board to compromise any time line for their review or for public input. He believes over the next few months, while the 1041 goes through the process, they could move the land use issues along. They have not asked that the Planning & Zoning make any issues on the land use to compromise the 1041. Chairman Stone asked if Mr. Fritze or Mr. Montag see any issues. He wants to make sure they are all communicating with each other. That they won't see the County as slowing things down. For the sake of a few days or for a month they don't want to compromise anything. He thinks the Town of Eagle and Adam's Rib are at the table. He questions how the Board wants to hear the files and that they are all msmc. Keith Montag, Director of Community Development, stated they are all interested in an efficient process and for that to happen they and the Planning Commission need the application that is moving forward. They have not received their proposal and need to do so to get appropriate referral comments before going to the Planning Commission. Mr. Cloyd stated the PUD sketch plan preliminary was submitted with either the Town providing the services or them doing their own. The 1041 application is now in the completeness review. The actual application, they don't plan on changing. They had never locked it in one way or the other. Mr. Fritze stated it would be his recommendation they have an application that says what they are going to do. Not an either or. It would be nice to have a file that has referral agency comments that actually reflects what they are suggesting. He stated the work done and all that has to be done, it would be a shame to open it up for attack based on a technicality. He would expect there might be and wants to be extra cautious. Once you have a file, if the Board desires staff comments to be more directed to bringing the plan into compliance is necessary, staff will need time to do that and the applicant would be better served. All those things will take time. The legal requirements are spelled out in the 1041 regulations. He read from that regulation stating it will be prior to or in conjunction with the PUD approval. They will have to come together before then. The issues for the Planning Commission is finding there is adequate water and wastewater and they won't find that without the 1041. Mr. Ferguson stated their view would be that any changes being made are in response to the referral comments received and in the normal course of the process adjustments are made to the file. They would view the changes being made to be responsive to comments made by the Town and Northwest COG. They don't believe going back and starting over is necessary. Mr. Montag stated the response to the referral comments are based on those they have received. Would it not be appropriate to get comments based on the revised plan. Mr. Fritze spoke to the wastewater plant and the water plant. What are those going to used for? Chairman Stone asked about Community Developments time line. Mr. Montag stated their time line is about two weeks later. Chairman Stone asked how the Board would like to proceed. Commissioner Gallagher stated it makes sense to him for land use to hear the file first. He stated the 1041s are so closely tied, he would like to hear them simultaneously. Mr. Merry stated he thinks the applicant is submitting two applications, one close to Town and one further from Town, there are separate issues. There will be additional comments based on the extension of service. Commissioner Gallagher asked if they are both approved if it would not be one system. He questioned how they hear the Ranch with or without Frost Creek. Mr. Cloyd stated the Town's main water line is at Frost Creek. He stated as the Ranch stands it can hook into water and then Frost Creek can hook into that. He stated the Ranch should go first. Commissioner Menconi asked about the response to the statements made by Mr. Montag. Mr. Cloyd stated if they have to resubmit the application, he doesn't know if they can hit the date. It is like throwing everything out and it takes money and effort to change the plans. 7 02-13-2001 Mr. Fritze suggested they can provide the appropriate resubmittals. Commissioner Menconi asked for Mr. Montag's comments. He had said they would like to see the changes resubmitted. Chairman Stone stated they asked Mr. Montag to come up with some different options with three potential scenarios. He was hoping to facilitate the beginning of a discussion between the Planning staff and Adam's Rib so there will not be false expectations on either side. He asked that they work together to find out what will be acceptable. They will need to have definitions to the plan. Not an either or. They want to know definitely what is being proposed. He asked they get together right away and Mr. Montag can present a recommendation. Commissioner Menconi asked if they are trying to get Board philosophy as to which one they want to work with. He asked Mr. Montag to speak to option 1 and asked for the merits or disadvantages. Mr. Montag stated they would have the opportunity to hear everything together. The other advantage would be that it would be a quicker process. The disadvantage would be the abundance of information. It will be a full day if not more. Commissioner Menconi spoke to the last meeting and giving the Town of Eagle equal ability for input. He asked which option accommodates that. Mr. Montag stated in all of the options it is about the same. His concern with moving the file forward, it does not provide opportunity for pre-hearing discussion. He suggested the Board had wanted to incorporate the Town's input. Commissioner Menconi stated he is looking for a time line that allows for proper input from the Town of Eagle. Mr. Ferguson stated based upon the mediation they made significant progress with the Town and they have submitted a proposed water and service agreement. The Town has not responded. That agreement wraps into it a lot of the understandings reached between them and the Town. They think the process of working with the Town is two fold, one to settle the water and secondly to move through the land use process. Mr. Cloyd stated he has looked at the options. He proposes first that Mr. Ferguson meet with Mr. Fritze and he'll meet with staff and see if they can come to agreement. He stated he is trying to give the Planning & Zoning time for five meetings. He stated if they can come to the agreement that the application is complete he is trying to use the time now for input. Chairman Stone stated he is hoping that Adam's Rib will have the same type of reasonable approach to this. His desire is for a process that adequately provides the time for the Town and for public input. He feels that they are moving quickly but missing some of the steps. They are asking for it to be done reasonably and without compromising the future. Commissioner Gallagher suggested they provide them with the amendments and get on with it. The Board concurred. Executive Session Chairman Stone stated there are a couple of items to be discussed in Executive Session. One being personnel matters and the other being airport negotiations. Commissioner Gallagher moved to adjourn into Executive Session to discuss personnel matters and to receive legal advise on airport negotiations. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted as 3: 14 p.m. 8 02-13-2001 Commissioner Menconi moved to adjourn from Executive Session and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 6:50 p.m. There being no further business to be brought before the Board the meeting was adjourned until February 20, 2001. Attest: Clerk to the B "f1. () Jjk "I 0'-'\. Chaittnan . 9 02-13-2001