Loading...
HomeMy WebLinkAboutMinutes 08/14/2001 PUBLIC HEARING AUGUST 14,2001 Present: Michael Gallagher Am Menconi Tom Moorhead Jack Ingstad Earlene Roach Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board Absent: Tom Stone Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners: Consent Agenda Chairman Stone stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of August 13,2001, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of July 31, 2001 C) U. S. Forest Service, Youth Conservation Corp Agreement No. 0 1-CS-11 02 D) Agreement between Eagle County Health and Human Services and White River Counseling for T ANF IChild Welfare Services E) Agreement between Eagle County and B & B Excavating for improvements to Loop Road and expansion of parking at the Eagle County Regional Airport F) Petitions of hearings before the 2001 Eagle County Board of Equalization G) Federal Aviation Administration Airport Grant Assurance Compliance Certification H) Underground Right-of-Way Easement for Holy Cross Electric at the Eagle County Regional Airport. Chairman Stone asked the Attorney's Office ifthere were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated there were no changes. Commissioner Menconi asked about item E, changes to Loop Road at the Eagle County Airport. Rich Cunningham, Director of Facilities Management, related this is for work at the expansion at the Eagle County Regional Airport. It involves, grading, asphalt and concrete paving, curb and gutter, lighting and fencing relocation and new lighting. It is in the general location of the concourse, the big driveway that runs in front of the new expanded Airport and the in-bound and out-bound vehicles holding areas. He stated the contract is in the amount of$1,161,564.74. He stated they received only one bid which was from B & B Excavating. There will be $1,000,000.00 from federal monies and the rest will be the match from the County. Chairman Pro-tern Gallagher asked if this will expand the parking at the Airport.. Jim Elwood, Airport Manager, stated in terms of public parking, no. It maintains the capacity necessary for ground transportation on both east and west sides of the building. Chairman Pro-tern Gallagher stated the Board discussed this item earlier and there was a question of the financing and the timing. Commissioner Menconi stated they will probably not receive monies from the Federal Government during this year. One of the possibilities is to have the Airport float the dollars until the monies are received from the federal government. 1 Jim Elwood stated that was correct. He related the appropriations bill has passed the House and the Senate and is scheduled to go before the Conference Committee soon. He stated the expected grant is due sometime around Thanksgiving. Commissioner Menconi asked if the Board is not clear about receiving the funds until November, is this something that could be tabled. Chairman Pro-tern Gallagher stated if approved, it would be contingent upon review by the County Budget Officer, approving the financial conditions. Commissioner Gallagher questioned item F, the petition to the Board of Equalization. He stated the Board received the recommendations. Tom Moorhead stated this concludes the findings from the referee. He stated they have all the files at the meeting and are available for any questions. Chairman Pro-tern Gallagher asked if this matter needed to be discussed. Mr. Moorhead stated there is a higher number of petitions this year as they dealt with many properties that had multiple units. He stated they are ready with documentation and will answer any questions. Commissioner Menconi moved to approve the Consent Agenda as presented, excluding Items E &F. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone was not present at this hearing. Commissioner Menconi moved to table Item E, the Agreement between Eagle County and B & B Excavating, for improvements to the Loop Road and expansion of parking at the Eagle County Regional Airport, for further approval ofthe Finance Director of Eagle County. Chairman Pro-tern Gallagher asked if there are contractors waiting to get started. Mr. Cunningham answered yes but a week or two may not impact the contract. Commissioner Menconi withdrew his motion. Commissioner Menconi moved to approve item E, the Agreement between Eagle County and B & B Excavating for improvements to the Loop Road and expansion of parking at the Eagle County Regional Airport, pending financial review by the County Budget Officer. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00267, Lot 3A and 3B. Arrowhead at Vail, Filing No. 17, a Resubdivision of Lot 3. The purpose of this plat is to subdivide Lot 3 into two lIz duplex lots, Lot 3A and 3B, and to create a utility easement to service these lots. Staff findings are 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. 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. 2 Commissioner Menconi moved to approve final plat file number 5MB-00067, Lot 3A and 3B. Arrowhead at Vail, Filing No. 17, a Resubdivision of Lot 3, incorporating staff findings. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 2001-102 To Approve An Extension To The Special Use Permit For The Lehman Gravel Pit (Eagle County File No. PR-00017). The Board considered this request at it regular meeting held on July 24th, 2001. Commissioner Menconi moved to approve Resolution 2001-102, an extension to the Special Use Permit for the Lehman Gravel Pit, file number PR-OOO 17. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 2001-103 To Approve A Special Use Permit For The Rasnick Home Occupation (Eagle County File No. ZS-00075). The Board considered this application at its regular meeting held on July 31 st, 2001. Commissioner Menconi moved to approve Resolution 2001-103. approval of a Special Use Permit for the Rasnick Home Occupation, file number ZS-00075. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioner the vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Vail Clinic, Inc. Earlene Roach, Liquor Inspector, presented an application for a special events permit for Vail Clinic, Inc. She stated this event will be held at the Edwards Medical Center on August 27,2001 from 4:00 p.m. to midnight. The application is in order and all fees have been paid. Stan Anderson, applicant, was present for the hearing. Mr. Anderson stated this event is a fund raiser involving the new Cancer Center. Chairman Pro-tern Gallagher asked how the applicant was going to manage access and the service of alcohol. Mr. Anderson stated the campus is the medical center and consists of two buildings. The building to the west is the Shaw Pavilion and is where the alcohol tent will be placed. They will have security placed on all four comers of the building and the administration office. Seven people will be roving looking for alcohol concerns. He stated the servers are all Sonnenalp employees and are TIPS trained. Chairman Pro-tern Gallagher asked if this is an event that will be repeated over the years. Mr. Anderson stated this is the third event for the Cancer Center. Commissioner Menconi asked what funds will be going to the Cancer Center. Mr. Anderson stated the proceeds from the golf event will be a split between the Colorado Open, which Colorado University is involved with this year, and a dinner. He stated there are no sales of alcohol at this event, it will be given at no charge. Commissioner Menconi asked if there was an open bar. Mr. Anderson stated they are providing beer and wine as a courtesy and will not collect money. 3 Commissioner Menconi moved to approve a special events permit for Vail Clinic, Inc. for August 27,2001 from 4:00 p.m. to midnight. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Beaver Creek Resort Company Earlene Roach presented an application for a special events permit for Beaver Creek Resort Company for September 8, 2001 from 11 :00 a.m. to 9:00 p.m. and September 9, 2001 from 11 :00 a.m. to 9:00 p.m., at the Plaza in Beaver Creek. She stated the application was in order and Mike Kloser and Emily Kloser, applicants, were present for the hearing. Mr. Kloser stated this event is the World Mountain Bike Championships. He stated the trials competition and racing will be held at Beaver Creek. Chairman Pro-tern Gallagher stated the maps appear to be larger than in the past. Mr. Kloser stated they have an addition at the creek and are utilizing the Rendevous lawn area. Chairman Pro-tern Gallagher asked if the applicant is anticipating more people than in the past. Mr. Kloser stated this request is based on the location ofthe events. He stated some ofthe trials will be held near the creek. Commissioner Menconi moved to approve a special events permit for Beaver Creek Resort Company for September 8, 2001 from 11 :00 a.m. to 9:00 p.m. and September 9,2001 from 11 :00 a.m. to 8:00 p.m. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. CCI, Inc. Commissioner Menconi asked about the past event hosted by CCI, Inc. and held at the Rancho Del Rio property. Ms. Roach stated the event went well and Mr. Gibson did remain closed. The applicant was hoping for approximately 4, 000 people in attendance each day and only had approximately 1,000 per day. She stated she spoke to the Sheriffs Office who related it went well and there were no problems. Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Petitions to the Board of Equalization Bruce Stresinger, Attorney's Office, presented a Resolution concerning a petition from the referees of approximately 800 appeals. Commissioner Gallagher asked about a letter from the Assessor to the County Board of Equalization. Mark Chapin, Chief Appraiser, stated as the Board of Equalization, the Board can adjust, change, or equalize properties within Eagle County. Through the appeals process the Assessor's Office found properties that needed adjusting and are asking the Board to equalize those properties. Chairman Pro-tern Gallagher stated it is his understanding that they are speaking about a computer error or a mis-entry on the part of the Assessor's Office. Mr. Chapin stated for personal property that is correct but for real property they found those 4 properties undervalued. Chairman Pro-tern Gallagher asked if this was the only way to correct those problems. Mr. Chapin stated after the notices of value have been mailed out, this is the only way. He spoke to the intervening years. Chairman Pro-tern Gallagher asked ifit was the Attorney's opinion that these two items were properly presented before the Board. Mr. Moorhead stated he has had the opportunity to review those files and finds them to be appropriate. Mr. Stresinger stated Exhibit A is the report from the referees, Exhibits Band C are the decision letters. Upon approval from the Board they will begin to process those. Chairman Pro-Tern Gallagher asked if approval of the Resolution approves the required action. Mr. Moorhead recommended approval of those item separate from the Resolution. He stated a document will be brought back to the Board referencing those items. Commissioner Menconi moved to approve the Petition to the Board of Equalization, Resolution 2001-E-8, item F of the Consent Agenda. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Mr. Stresinger thanked Ken Call, Mark Young. Autumn Rivera, Mark Chapin, Max Schflaley, Jody Caruthers, Mary Kessler, all the appraisers and office staff, Karen Shaeffer, Treasurer and Sharee Wettstein in the Commissioners Office. Commissioner Menconi moved to approve the recommendation of the Assessor to equalize the value of various personal and real property Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. ZC-00048 Slater Zone Change lena Skinner, Planner, presented file number ZC-00048, Slater Zone Change. She stated the applicant wishes to re-zone his 41 acre property from Resource (35acre minimum) to Agricultural Residential (10 acre minimum). In the future, the applicant contemplates a potential subdivision of one, 20 acre lot, and two, 10 acre lots. However, if adequate access, water and sewage disposal can be demonstrated, the subject property could be potentially subdivided into four lots. She stated the applicant now wishes to have one 19 acre lot and two 10 and a lIz acre lots. The Chronology is as follows: 1983-1993- Surrounding property zone changes have occurred including: Agricultural Limited (min 5 acres); PUD; and Rural Residential (min 2 acres). The Roaring Fork Valley Regional Planning Commission had no issues with this file. Eagle County Engineering, dated June 5th, 2001 1. Assuming re-zoning for entire parcel; application indicates re-zone on eastern half only. 2. The site has access from public road system via easement from Soderburg Subdivision and the Cooke Subdivision. 3. Road is combination of gravel and dirt in good condition. 4. This will be serviceable for three dwelling units. More than three would require driveway to be upgraded to a Rural Residential Road standard. Division of Wildlife dated July 10,2001 The comments do not pertain to the Zone Change itself, but to the future subdivision; they are not applicable at this time. 5 Adjacent Property Owner dated August 1, 2001 1. Comments reflecting the zone change itself, rather than the future subdivision: 2. The application is not in conformity with the neighborhood and surroundings. We currently have a rural setting. Additional Referral agencies are as follows: Eagle County Attorney, Environmental Health, Sheriff Forest Service Fire and Metro Districts Neighboring Homeowners' Association Town of Basalt Staff findings are as shown on staff report and as follows: Requirements for a Zone Change - Eagle County Land Use Regulations Section 5-230.D., Standards for Amendment to the Official Zone District Map: STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). - EAGLE COUNTY MASTER PLAN . I . '. M . I - . . . ~, '^ Conformance x x x x x Xl 'J"-' ! . )n I ' [ r~ NUX' I No x X1_ The Future Land Use Map indicates that the Slater property is Rural, which supports AR zoning with large, single family uses. Rural lands rely on neighboring communities for amenities such as schools and commercial development, and is served exclusively by on-site water and sewage disposal methods. EAGLE COUNTY OPEN SPACE PLAN X1_ The comments from the Division of Wildlife indicate that the future subdivision is possible with mitigation (bear-proof trash containers, select fencing, etc). These comments shall be incorporated as part of the subdivision application. 6 MID V ALLEY COMMUNITY PLAN : . . 'Vll , ",,~A ~ ~ I .~ I,." T' " - I D. ,A. I H " I I ~.. Lower '._ . x x x x I . No! . . x x x x EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: NOTE: (plus or minus' are added before the elements to show the conformance of the proposal in relation to the vision statement) [+] Housing is a community-wide issue. [+] Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. [+] Development of local residents housing should be encouraged on existing transit routes. [nla] Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success [nla] It is important to preserve existing local residents housing. [+] Persons who work in Eagle County should have adequate housing opportunities within the County [nla] Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs The Future Land Use Map identifies the subject property as appropriate for single family uses. This proposal, if approved, would be consistent with all applicable recommendations of the Master Plans. Staff can make a favorable finding. [+] FINDING: Consistency with the Master Plan. [Section 5-230.D.l] The proposed zone change designation IS consistent with the purposes, goals, policies and FLUM of the Eagle County Master Plan. STANDARD: Compatible with surrounding uses. [Section 5-230.D.2] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; By changing the zoning from Resource to that of Agricultural Residential, the property would conform with existing zone districts located to the north, east, and to the south. All zones allow smaller minimum lot sizes than that which is proposed. [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2] The zone amendment IS compatible with the uses that surround the applicant's property, and IS the appropriate zone district for the land. STANDARD: Changed conditions. [Section 5-230.D.3] Whether and the extent to which there 7 are changed conditions that require an amendment to modifY the use or density/intensity; Surrounding zone changes have been occurring on adjacent properties since 1983. All of the properties which have been re-zoned are for higher densities. This proposal would result in a development which is compatible with existing zoning in the area in that the proposed zone district requires a larger minimum lot size than do the existing surrounding zone districts. [+] FINDING: Changed conditions. [Section 5-230.D.3] There ARE changed conditions that require an amendment to modify the density and intensity. STANDARD: Effect on natural environment. [Section 5-230.DA] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands; This Zone Change proposal is not accompanied by a subdivision application. In the future, the applicant may apply to subdivide the property into a maximum of 4 lots of at least 10 acres each.. At the time of the subdivision application, the applicant will have to comply with any and all standards of the Eagle County Land Use Regulations. It is not anticipated that this proposed zone change will create undue negative impacts on the natural environment. [+] FINDING: Effect on natural environment. [Section 5-230.DA] The proposed amendment WILL NOT result in significantly adverse impacts to the natural environment. STANDARD: Community need. [Section 5-230.D.5] Whether and the extent to which the proposed amendment addresses a demonstrated community need; Housing demands in Eagle County are ever present, and are therefore a community need. [+] FINDING: Community need. [Section 5-230.D.5] The proposed amendment DOES address a community need. STANDARD: Development patterns. [Section 5-230.D.6] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services; The proposed zone change would allow the subject 41 acre parcel to be subdivided into 10 acre parcels which would be more consistent with the existing development patterns in the immediate vicinity and would not result in 'spot zoning.' [+] FINDING: Development patterns. [Section 5-230.D.6] The proposed amendment WILL result in a logical and orderly development pattern and not constitute spot zoning. Further, the resulting development can logically be provided with necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. [+] FINDING: Public interest. [Section 5-230.D.7] The extent to which the area to which the amendment would apply HAS changed and continues to change is such that it is in the public interest to encourage a new density in the area. Tom Boni, Knight Planning, stated in looking at the surrounding land uses and discovering the various land uses surrounding this property, the applicant decided to subdivide his property. Access will be on a platted easement. There was concern in looking at the property and the break in the property. The existing house is located to the North and is not effected by the break in the property. With the recommendation of the Planning Commission and County Staff, he is willing to answer any questions. Chairman Pro-tern Gallagher asked for public comment. There was none and he closed public comment. Commissioner Menconi asked about the letter from Andrew Citrenal and asked the applicant to point out that property on the map. 8 Chuck Slater, applicant, pointed out Mr. Citrenal's property and related it is a five acre parcel next to the western portion of his property. Mr. Citrenal concerns of a building in that area is not what he intends to do. He stated his subdivision will be on the opposite boundary. Commissioner Menconi asked what was going on the three parcels. Mr. Slater stated the 19 acre parcel will remain as his residence. He stated the houses will be in the northern part of the property. His house is approximately 1,800 square feet. Commissioner Menconi asked what square footage would he like to see the other two houses at. Mr. Slater stated he has not given that any thought. Commissioner Menconi asked about the concerns of the neighbor in regards to the well water. Mr. Boni spoke to the well water. He stated he has spoken with the Engineer and the water rights are there. He stated that item will be discussed in depth at the subdivision process. He stated they will be quite a distance from the house. The well already exists for the applicants and the other two wells will be governed by the water Courts. Commissioner Menconi asked why a neighbor would bring up the well water concern and wondered where the concern comes from. Bob Narracci, Planning Manager, stated some wells are installed and allowed to serve three existing residences, which is a standard in Colorado. It would be a reasonable concern. Commissioner Menconi asked about the size of the dwelling units, landscape or design. Mr. Slater stated he would like to maintain the integrity or the property. These are items that would be addressed at subdivision stage. Chairman Pro-tern Gallagher gave the applicant notice that Eagle County is very concerned and involved in wild land urban interface. He stated there needs to be a clear defensible zone. Mr. Boni stated they have debated that issue specifically and will come back with clear plans. Gallagher asked about the depth of wells. Mr. Slater stated his well is 400 feet deep. Chairman Pro-tern Gallagher asked about the difference in elevation between Mr. Slater's residence and the neighbors residence. Mr. Slater stated approximately fifty feet. Ms. Skinner related in the AR zone district the applicant is allowed to have two accessory dwelling units. Commissioner Menconi questioned the letter from the Division of Wildlife. Ms. Skinner stated there is no discussion about the zone change rather the subdivision. Commissioner Menconi asked about the vote of the Planning Commission. Ms. Skinner stated it was unanimous. Commissioner Menconi moved the Board of County Commissioners approve file number ZC- 00048, Slater Zone Change, incorporating all Staff findings. Chairman Pro-tern Gallagher seconded the motion. Ofthe two voting Commissioners the vote was declared unanimous. AFP-00085, McGrady Acres Bob Narracci, Planning Manager, presented file number AFP-00085, McGrady Acres. He stated this was an Amended Final Plat for the purpose of abandoning a property line between Lots 9 and 10 and to define a building envelope, utility and drainage easements. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290.Gl ofthe Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of the Amended Final Plat: a. Access, Water and Sewage. The access, potable water, and sewage on the land to be 9 subdivided are adequate; b. Conformance with Final Plat Requirements. The Amended Final Plat is in conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. Improvements Agreements. A Subdivision Improvements Agreement is not applicable. Jim Potter, representing the Presbyterian Parish, was present for the hearing. Chairman Pro-tern Gallagher asked if the Parish was ready to build. Mr. Potter stated they will be applying for a building permit in the very near future. Commissioner Menconi moved the Board approve file number AFP-00085, McGrady Acres, and authorize the Chairman to sign the plat. Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought the Board the meeting was adjourned until August 21,2001. Attest: Clerk to the Bo ~~ Chairman 10