HomeMy WebLinkAboutMinutes 10/23/2001
PUBLIC HEARING
OCTOBER 23,2001
Present:
Tom Stone
Michael Gallagher
Am Menconi
Tom Moorhead
Jack Ingstad
Earlene Roach
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
Deputy 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 Pro-tern Gallagher stated Chairman Stone was not present for this mornings meeting
but plans to be present this afternoon. He stated the first matter before the Board was the Consent
Agenda as follows:
A) Approval of bill paying for the week of October 22, 2001, subject to review by County
Administrator
B) Approval of the minutes of the Board of County Commissioners meeting of October 9,
2001
C) Resolution 2001-128, authorizing the dissolution ofRFRHA
D) Resolution 2001-129, proclaiming October 23 - 31, 2001 as Red Ribbon Week
E) Grant of Easement, Fairgrounds Gas Line
F) Resolution 2001, authorizing R. Thomas Moorhead, County Attorney, to make
application to the United States Department of the Interior, Bureau of Land Management for transfer of
title to the property commonly known as the Gypsum Gun Club, to the Town of Gypsum
G) Assignment of an interest in Certificate of Deposit No. 0263283327 by Wells Fargo
-Bank West, N.A., to New Pipelines Installations, Inc., d/b/a Continental West Constructors, Inc.,
assigning $2,000.00 to Eagle County as collateral for Road Cut Permit No. 3031
H) Assignment of an interest in Certificate of Deposit No. 618351 issued by Arlington
Bank to Dean Christensen assigning $2,050.00, to Eagle County as collateral for Road Cut Permit No.
3030.
Chairman Pro-tern Gallagher asked the Attorney's Office if there were any changes to the
Consent Agenda.
Diane Mauriello, Deputy County Attorney, stated item F, the transfer of the Gypsum Gun Club
needs to be pulled from the agenda.
Commissioner Menconi stated he agreed with pulling item F.
Chairman Pro-tern Gallagher stated on Item E, Grant of Easement, Fairgrounds Gas Line, is this
part of the gravel mining operation.
Rich Cunningham, Director of Facilities Management, answered yes. He stated this gas line is a
main that runs across the Fairgrounds Property and the easement to Kinder Morgan, Inc., was anticipated
by LaFarge. He stated it relocates a portion of the existing gas line rather than having it run through its
existing easement which runs through the middle of the mined area. It will be interrupted and run
around the side of the mining operation. It also cleans up a portion of the easement that was lacking in
Area A of the mining operation.
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Chairman Pro-tern Gallagher spoke to Red Ribbon Week. He stated this is the 15th anniversary
of Red Ribbon Week. He stated he thinks it significant there has been an awareness for the entire
Country to let kids know it is okay to not do drugs. He is particularly pleased that Eagle County
participates. He encouraged everyone to wear their ribbons and send a message loud and clear.
Commissioner Menconi moved to approve the Consent Agenda items A through H, excluding
item F.
Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Plat & Resolution Signing
Chairman Pro-tern Gallagher stated there are no plats or resolutions for today's meeting.
Quit Claim Deed, Traer Creek Metropolitan District
Diane Maurellio presented a Quit Claim Deed between Eagle County and Traer Creek
Metropolitan District. She stated this deed conveys certain roads that will ultimately be conveyed to the
Town of Avon after annexation.
Rick Plyman, Peter Jamar Land Planning, stated he was here to answer questions the Board may
have.
Chairman Pro-tern Gallagher stated it was his understanding that this property was going to be
annexed into the Town of Avon.
Mr. Jamar stated the second reading of the annexation ordinances is scheduled for tonight. They
anticipate that will go through and Traer Creek will build the improvements between Highway 6 and the
Village at Avon property. Those will be public roads.
Commissioner Menconi asked about maps showing the roads.
Mr. Plyman stated he would walk the Board through those and showed a map pointing out the
location of the proposed roads.
Commissioner Menconi moved to approve and sign the Quit Claim Deed between Eagle County
and Traer Creek Metropolitan District.
Chairman Pro-tern Gallagher seconded the motion. The vote was declared unanimous.
1041 Permit Completeness Hearing,
Bob Narracci, Planning Manager, presented a 1041 Permit Completeness Hearing for a major
extension of a domestic water and sewage treatment system to serve Berry Creek/Miller Ranch, Eagle
County. He stated the action that is being requested from the Board on October 23, 2001 is to determine
completeness of a 1041 Permit application and to estimate associated processing fees.
A 1041 application has been submitted for the major extension of domestic water and sewer
systems to serve the Berry Creek /Miller Ranch mixed use project and to allow the efficient utilization of
a municipal water project.
Staff has reviewed the above referenced permit application and has found it to be complete. We
have tentatively scheduled the permit hearings for the Planning Commission and the Permit Authority on
December 5, 2001 and December 18,2001 respectively. Estimated fees for the above referenced 1041
Permit application are as follows:
Environmental Health and Community Development Staff
10 Hrs @ $42.50 = $ 425.00
Engineering Staff
6 Hrs @ $42.50 = $ 255.00
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Attorney Staff
6 Hrs @ $75.00 = $ 450.00
TOT AL = $1,130.00
Commissioner Menconi moved the Board accept the permit application, submitted for the
construction of a major extension of domestic water and sewage treatment systems for the 'Berry
Creek/Miller Ranch' development, as complete. The estimated fee to process this application is
$1,130.00 and may be altered to cover the actual cost of review and public hearings.
Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Commissioner Menconi moved the Board approve the applicant's waiver request for the
requirement of a special use permit, as applied from Section 3-310 I of the Eagle County Land Use
Regulations.
Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
3CMA Savvy Award
Kathryn Heider, Asst. County Administrator, stated the next item on the agenda was presentation
ofthe 3CMA Savvy Award. She stated 3CMA stands for City and County Marketing Association. She
stated this County received the award this year because of the Cutting Edge CDROM Masterpiece in
Motion, which is all about Eagle County. She thanked Jack Ingstad, Bill Lopez, Lanie Martin and the
Board of County Commissioners.
Jack Ingstad, County Administrator, stated the group at the conference were surprised to learn
that the direction for this CDROM came from the Commissioners rather than a marketing group working
for the County.
Chairman Pro-tern Gallagher stated some of those who have been at the County for awhile may
take things for granted but the County learns from others that this County does an outstanding job.
Commissioner Menconi stated what he has seen so far with the new web site and the work being
done it appears to be fantastic and thanked staff.
Additional Funding, Down Payment Assistance Program
David Carter, Housing Director, stated this was a public hearing to request additional funding
from the Division of Housing for the Down Payment Assistance Program. He stated this Board has
made a commitment to the residents of Eagle County to do what they can to provide assistance for
housing. They do this through the Down Payment Assistance Program which come from the
Community Development Block Grant. He stated the grant is expiring and they must apply for a new
grant. The first step in the process is a public hearing, thus the reason this matter was scheduled today.
Chairman Pro-tern Gallagher asked for public comment. There was none. He closed the public
hearing.
Approval of Settlement Statement
Diane Maurellio stated there are no stipulations today.
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. Ofthe two voting Commissioners the vote
was declared unanimous.
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Liquor Consent Agenda
Earlene Roach, Eagle County Liquor Inspector, presented the Liquor License Consent Agenda as
follows:
A) Beaver Creek Food Services, Inc.
Allie's Cabin
This is a renewal of a hotel and restaurant license with optional premises.
This establishment is located on Beaver Creek Mountain. There have been
no complaints or disturbances during the past year.
B) Beaver Creek Food Services, Inc.
Toscanini
This is a renewal of a hotel and restaurant license. This establishment is
is located on Beaver Creek Mountain. There have been no complaints or
disturbances during the past year.
Commissioner Menconi moved to approve the Liquor License Consent Agenda for October 23,
2001 as presented.
Chairman Pro-tern Gallagher seconded the motion. The vote was declared unanimous.
Gashouse Restuarant
Earlene Roach presented a managers registration for Donna Kazura, Gashouse, Inc., d/b/a
Gashouse Restaurant. She stated Ms. Kazura is reported to be of good moral character. This application
is in order and all fees have been paid. She related Ms. Kazura has been working in the area for different
establishments in the past and has been at the Gashouse for several months as their manager.
Commissioner Menconi moved to approve the managers registration for Donna Kazura,
Gashouse, Inc. d/b/a Gashouse Restaurant.
Chairman Pro-tern Gallagher seconded the motion. Of the two voting Commissioners the vote
was declared unanimous.
Chairman Stone returned to the meeting and resumed as Chairman.
Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and
reconvene as the Board of County Commissioners.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Resolution, Extension of Service Plan, Two Rivers Metro District
Bob Narracci presented a proposed Resolution, regarding extension of approval of the Service
Plan for Two Rivers Metropolitan District. He stated the Service Plan was originally approved in
August 1998 and one of the conditions of the approval was that the Service Plan be rescinded if final
plat approval was not received by November 1999. This application has been extended twice by the
Board and now expires on November 1,2001. He stated the applicant submitted a request for another
extension until November 1, 2003, stating reasons of a delay in financing and the need to resolve details
of the final plat with both the County and the School District. The purpose of the Service Plan was to
allow the formation of the Two Rivers Metropolitan District which would assist in the funding,
integration and coordination of metropolitan services and facilities for the proposed Two Rivers
Development. The provisions of streets, water, sewer services, park and recreation facilities, traffic
control, mosquito control, television relay stations and other services attributed to special districts by
Statute. In 1998 the project consisted of 405 residential units and 60,000 square feet of commercial
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space. This was to be a single phase development. He stated today the approved PUD and final plat
consists of 438 residential units and 20,000 square feet of commercial space. The proposal today will
consist of multiple phases and two subdivision plats. He stated it is not clear whether the development
will have the ability to discharge the financial indebtedness of the District on a reasonable basis. He
stated the Board has the option to approve the extension request, deny the request or table for additional
information that would demonstrate the financial viability of the District.
Steve Isom, Isom and Associates, stated also in attendance is Ken Kriz, owner, and Rick
Poffenberger, Attorney. He stated the Metropolitan District has been formed and has been in operation
for two years. He does not understand why a time limit was put on the Service Plan. He apologized for
the extension request but the tragedy of September 11 th has created some major delays. He stated they
believe this is an appropriate request. The residential has a stronger tax base than commercial space thus
the reason for changing both numbers as originally proposed.
Chairman Stone asked for public comment. There was none. He asked why the County did have
a time limit on the Service Plan.
Ms. Mauriello stated she understood the time frame was a condition of the approval.
Mr. Narracci stated he could not tell in the file why there was a time limit placed on this
application.
Chairman Stone read the previous conditions for the record:
1. Delete subsection 3c, page 9 of the Service Plan and replace with the following, "the
District shall manage and maintain the flood control dyke along the Colorado River and shall at all times
maintain liability insurance covering liability arising from those activities."
2. Prior to final approval by District Court, the proponents shall receive a consent
resolution from the Western Eagle County Metropolitan Recreation District.
3. The approval of the Service Plan should be rescinded if the property within the Service
Plan is not granted an approval of a final plat by November 1, 1999.
4. The developer or District shall conclude the pending receipt of a conditional letter of
map reservation (The Klomar Map) regarding the 100 year flood plain.
Chairman Stone stated he does not read that there is an opportunity for an extension and relies on
the word "should".
Ms. Mauriello stated certainly the word shall is mandatory and the word should does allow for
Board discretion. She stated there was nothing that grants an extension mechanism. She stated
according to the Statute, 32-1-207, relating to compliance and modifications of Service Plans, there is a
specific process for modification of the plan, if it were necessary.
Mr. Isom stated the reason for the time limit came from the Board of Commissioners at that time,
that they decided they needed to look at this on a yearly basis.
Chairman Stone stated there must have been a reason for the condition. He stated the past
Commissioners would not add a condition unless there was a benefit.
Mr. Isom stated the Service Plan is adopted to form a Metropolitan District. The District has
been formed and the process has commenced. He stated there should not have been a time limit on the
Service Plan. He stated the approval is good for another three years.
Commissioner Gallagher asked if they might not have wanted a Metropolitan District with
nothing to do. He asked what will change.
Mr. Isom stated the only remaining items that must be resolved are the school land site and the
off site road impact fees.
Commissioner Gallagher stated he has been verbally assaulted by people who related they made
down payments in this development and are told that the Board is holding up the development.
Rick Poffenberger, Attorney for the applicant, stated they have had continuing discussion with
the School District and the County Attorney's Office. There are two issues with the School District
Agreement, which they believe can still be worked out. He stated in order to have a hearing on a final
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plat they must have a signed agreement with the School District. He stated the second issue is the timing
of the collateralization. He stated there has been on-going discussions with the language regarding
collateral. He stated they have a $10,000,000 Letter of Credit which would have to be in place at final
approval, regardless of when they would break ground.
Ken Kriz, applicant, stated they are not taking down payments but rather reservations of
$1,000.00. Those checks have not been cashed and have been returned if they were asked to be.
Commissioner Menconi asked if staff had any comments to the applicants remarks.
Mr. Narracci stated they do not have signed mylars back from the applicant. He stated as far as
the School District Agreement and dedication of land requirement, that was a condition of the PUD
Preliminary Plan approval and is in the Resolution. He stated the Attorney's Office is adamant that it
must be dealt with at this time.
Commissioner Menconi asked what was staff s interpretation of the Resolution.
Mr. Narracci stated there are three options, one is to approve the extension for a set time, a
second is to deny the extension, and the third option is to have the plan updated as part of this extension
process. He recommended this matter be tabled to bring the plan current as part of an extension.
Commissioner Menconi asked for an over view on past history on creating a time period for a
Service Plan. He stated this is a Service Plan based on the needs in 1998. He asked about the impact
and would the service plan need to be updated to reflect 2001 cost and figures.
Mr. Narracci answered yes.
Mr. Isom stated they have an updated version from Stan Bernstein. He stated they are in a better
situation now than they were and are much stronger.
Mr. Poffenberger stated he called Thursday and Friday and asked if there was something they
could provide and if the could look at the staff report. He stated they were told there would be no staff
report.
Commissioner Gallagher asked about the condition that dealt with the school dedication and
stated he would like to review it.
Mr. Narracci read the condition pertaining to the School District from Resolution 2001-001
pertaining to file PDA-00028. 10E stated that school land dedication and or fees in lieu, condition #6 of
the original preliminary plan approval, PDP-0008 remains in effect provided the school land dedication,
including its location, size and on and off site improvements, related thereto or the amount of fees in lieu
of, shall be determined before final plat. He read condition #6 of the 1998 resolution, the acceptance of
the school land shall be contingent upon the conditions outlined in the July 7, 1998 letter from Isom and
Associates to the School District. A map showing the site and identifying the one to one and a half
percent slope and the review of soils investigation by the Colorado Geological Survey, the applicant
shall submit the deed to the School upon final plat. He read a letter from July 7, 1998 from Mr. Isom to
Karen Strakebein, concerning the site for the school. "At the meeting it was agreed that the site would
work if certain conditions were met as follows:
1. Soils investigation of the site to assure the site is suitable for the uses proposed.
2. The site is leveled with the 1 to 1 \Ii % slope from the back of the site to the front.
3. The resulting hillside shall be stable and not a hazzard to the school site.
4. The school site be serviced with sewer and water.
5. A pedestrian path shall be constructed under I-70 at the existing Colorado River Road and the
path shall be east side of the underpass, and a crossing at the stop sign on the South side of Highway 6 at
Colorado River Road. There would also be a bike path to the school site. Highway 6 is currently an
access for two single family homes and to the Trailhead at Glenwood Canyon further west.
The proponents of Two Rivers Village agree that these conditions are acceptable and will work
with the School District through the application process to make sure that these items are resolved.
Chairman Stone read from Commissioner meeting minutes of 1991 as follows:
"Commissioner Gates moved to approve file number SD-0016, Two Rivers Village, that the
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CLOMAR is received and approved and with the conditions that the maintenance of the berm be taken
on by the District and the County indemnify it from any liability there from. Mr. Gates included a
November 1, 1999 date for development approval and final plat." Chairman Stone stated it is not that
the Service Plan had an expiration date but rather it was a requirement that a final plat be approved by
November 1, 1999. If there is no final plat approved by that date it would also rescind the Service Plan.
Commissioner Gallagher moved to table this matter to October 30, 2001 to allow time to review
all prior hearings to come to a solution.
Chairman Stone seconded the motion.
In discussion, Commissioner Menconi stated this applicant has been given two extensions and he
believes it would be appropriate to deny the extension request for the service plan.
Chairman Stone stated he believes this matter has been presented incorrectly in the past as
expiration of the Service Plan and should have been the Final Plat. He stated he believes that is a much
more serious matter that extension of the Service Plan.
Mr. Poffenberger stated he believes that preliminary plans are good for five years.
Chairman Stone spoke to the prior motion and approval, did the Board give an extension for the
development approval and final plat, going beyond November 1, 1999.
Mr. Isom stated they did it under an amended preliminary plan.
Commissioner Menconi stated he would agree with the time period extension and wondered if
there was the possibility of waiting until after Mr. Moorhead returned.
Michael Cacioppo, area resident, stated he has followed this process for quite awhile. He asked
about reasons not to extend this application. These should be excellent reasons. They should not be
arbitrary and capricious and the public should have the opportunity to respond. He stated all he has
heard in this County is about the need for affordable housing. The new schools in Gypsum are half
empty. Failing to extend this plan and allowing this employee housing to be built makes him right, as
usual, that voting for those new schools without these approvals on new housing projects, such as Two
Rivers, was an ignorant thing to do. He is tired of being right. He stated there is a serious financial
problem in this district with schools. The schools keep screaming they need more money but they keep
making wrong decisions and building half empty schools. He stated 8 schools out of the 14 of the
regular public schools are below break even budgets for their school. The other six schools help
subsidize these 8. Mr. Cacioppo stated how hypocritical of anyone in a position of power to sit here and
scream that we need affordable housing and turn around and prevent it from happening, with the idea
that someone put an arbitrary and capricious date on an approval without even saying why. There needs
to be excellent reasons. He related he was sorry to Commissioner Menconi, they need to be better
reasons than just because his buddies on the School District want him to vote this way. It is time for
Commissioner Menconi to become his own person and time to do the right thing.
Commissioner Gallagher interrupted that this was the public comment section and should be
limited to comment on the issue.
Chairman Stone called for the question on the motion. The vote was declared unanimous.
ZS-00086, Sprint at Trinity Baptist Telecom
Jena Skinner, Planner, presented file number ZS-00086, Sprint at Trinity Baptist Telecom. She
stated the applicant desires to construct, operate, and maintain a Low Power Telecommunications
Facility on the Trinity Baptist Church property located near Homestead/South Forty Subdivisions in
Edwards. The facility is proposed to consist of a 35' tall, 18" wide, stealth monopole which encases the
cellular antennas, and a small equipment shed, located near the base of the pole (see attached).
The chronology for this file is as shown on staff report and as follows:
July 2001- In order to increase the cellular coverage for wireless users in the Edwards area, a
Special Use Permit for a new Telecommunications facility is being proposed.
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The Planning Commission did not have any issues regarding the nature of the proposal. At
hearing, however, an adjacent neighbor requested that the monopole be moved so that the pole would
not be placed in the direct line of sight as her window. Sprint had no problem with moving the pole
location, the Planning Commission worked out a condition which recommended Sprint to move the pole
closer to the Trinity Baptist Church, out of the adjacent neighbor's view corridor. Since this last hearing,
Sprint has moved the monopole location, and as such, the condition to move the pole has been satisfied.
The Planning Commission voted approval of this file, incorporating Staff findings and conditions
as proposed, as well as one additional condition which states: The Applicant is to locate the antenna/pole
between 20-40 feet to the west of its currently proposed location. The vote was unanimous [4:0]
There were no referral comments received for this file.
Staff findings are as follows and as shown on staff report:
Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review
of a Special Use Permit:
STANDARD: Section 5-250.B.1 Consistent with Master Plan. The proposed Special Use
shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and
policies of the Master Plan and the FLUM of the Master Plan, including standards for building and
structural intensities and densities, and intensities of use.
THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS
SUBMITTED.
EAGLE COUNTY MASTER PLAN
Community
Center
x
x
x
x
x
Community Center is has be established for both commercial and residential uses. However, the
Eagle County Master Plan is silent in regard to Telecommunication Facilities.
EAGLE COUNTY OPEN SPACE PLAN
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EAGLE RIVER WATERSHED PLAN
x
x
x
x
x
The application site is situated within the watershed boundary. The site, however, is not directly
adjacent to any water course, or collector area. Due to the nature of the equipment, this proposal is not
anticipated to degrade the watershed. Staff can make a favorable finding.
[+] FINDING: 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.
STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be
appropriate for its proposed location and compatible with the character of surrounding land uses.
There are telephone/power poles of similar height which exist within close proximity of the site,
as well as a light pole located adjacent to the church. The proposed monopole will be painted to blend in
with the surrounding landscape. The church has worked with the applicant in choosing the site, as there
are potential plans to alter the church and the immediate vicinity thereof. The character of the
surrounding vicinity of Eagle County should not be compromised by this Special Use proposal. Staff
can make a favorable finding.
[+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed
location and IS compatible with the character of surrounding land uses.
STANDARD: Section 5-250.B.3 Zone District Standards. The proposed Special Use shall
comply with the standards of the zone district in which it is located and any standards applicable to the
particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential.
Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular
Commercial and Industrial Uses.
The new Telecommunication Facility will be located in the Resource zone district. There are no
specific standards for these types of uses found in Section 3-310.
[+] FINDING: 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 3-310, Review Standards Armlicable to Particular Residential, Agricultural and
Resource Uses
STANDARD: Section 5-250.B.4 Design Minimizes Adverse Impact The design of the
proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on
adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on
surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare,
and vibration, and shall not create a nuisance.
The proposed monopole structure is designed to encase the antenna array minimizing the visual
impacts of the structure. The pole shall be painted to blend in with the surrounding landscape, and shall
not emit any odors, noise, glare or vibrations.
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[+] FINDING: Design Minimizes Adverse Impact. The design of the proposed Special Use
DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent
lands; furthermore, while the proposed Special Use CAN avoid significant adverse impact on
surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it
CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a
nmsance.
STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed
Special Use shall minimize environmental impacts and shall not cause significant deterioration of water
and air resources, wildlife habitat, scenic resources, and other natural resources.
The proposed Special Use is designed to minimize environmental impacts and will not cause
significant deterioration of water, air, wildlife habitat, scenic or other natural resources.
[+] FINDING: Design Minimizes Environmental Impact. The proposed Special Use WILL
fully minimize environmental impacts, and will not cause significant deterioration of water and air
resources, wildlife habitat, scenic, and other natural resources.
ST ANDARD: Section 5-250.B.6 Impact on Public Facilities. The proposed Special Use
shall be adequately served by public facilities and services, including roads, pedestrian paths, potable
water and wastewater facilities, parks, schools, police and fire protection, and emergency medical
serVlces.
The proposed facility is un-manned. Power and telephone are available. The existing road used
to access the site is adequate. Staff can make a favorable finding.
[+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by
public facilities and services such as roads, pedestrian paths, potable water and waste water facilities,
parks, schools, police and fire protection, and emergency medical services.
STANDARD: Section 5-250.B. 7 Site Development Standards. The proposed Special Use
shall comply with the appropriate standards in Article 4, Site Develovment Standards.
Article 4, Site Development Standards
[+] Off-Street Parking and Loading Standards (Division 4-1)
[+] Landscaping and Illumination Standards (Division 4-2)
[+] Sign Regulations (Division 4-3).
[+] Wildlife Protection (Section 4-410)
[+] Geologic Hazards (Section 4-420)
[+] Wildfire Protection (Section 4-430)
[n/a] Wood Burning Controls (Section 4-440) No wood burning devices are proposed.
[+] Ridgeline Protection (Section 4-450)
[+] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not
necessary for this Special Use Permit.
[+] Commercial and Industrial Performance Standards (Division 4-5)
[+] Noise and Vibration (Section 4~520)
[+] Smoke and Particulates (Section 4-530) Smoke and/or particulates in excess of the standards
are not anticipated as a result of this development.
[+] Heat Glare Radiation and Electrical Interference (Section 4-540) There have been no
complaints received concerning this finding. All Telecommunication facilities have to comply with
FCC standards (the regulating authority).
[+] Storage of Hazardous and Non-hazardous Materials (Section 4-550)
[+] Water Quality Standards (Section 4-560)
[+] Roadway Standards (Section 4-620) No new roads will be created.
[n/a] Sidewalk and Trail Standards (Section 4-630)
[+] Irrigation System Standards (Section 4-640)
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[+] Drainage Standards (Section 4-650)
[+] Grading and Erosion Control Standards (Section 4-660)
[+] Utility and Lighting Standards (Section 4-670)
[+] Water Supply Standards (Section 4-680)
[+] Sanitary Sewage Disposal Standards (Section 4-690)
[n/a] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do not
apply.
[+] FINDING: Site Development Standards. The proposed Special Use DOES fully comply
with all applicable standards in Article 4, Site Development Standards.
STANDARD: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply
with all standards imposed on it by all other applicable provisions of these Land Use Regulations for
use, layout, and general development characteristics.
No other provisions ofthe Land Use Regulations are applicable to this proposal for a Special Use
Permit.
[+] FINDING: 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
Jeff Shirer, representing the applicant, stated they are here to request approval of a stealth
monopole. He reviewed the benefits from the use of the stealth monopole which will increase reception
in the Edwards area. The coverage will be seamless. He stated the pole is approximately 16 inches in
diameter. The equipment will be located below grade and in a small shed. It will not be visible from the
parking lot and will have a roof. The application conforms to all sections to all applicable regulations.
Mike Cacioppo asked if the approval of this pole would warrant many more of the same.
Chairman Stone stated each one has to obtain a special use permit.
Chairman Stone closed public comment.
Commissioner Gallagher asked if the church were to expand would the pole be movable.
Mr. Shirer stated the pole is being placed where it will not interfere with any modifications to the
church.
Commissioner Menconi moved the Board approve File No. ZS-00086, Sprint at Trinity Baptist
Telecom, incorporating the staff findings, and with the following conditions:
1. Except as otherwise modified by this Permit, all material representations made by the
Applicant in this application and in public meeting shall be adhered to and considered conditions of
approval.
2. Applicant (Sprint PCS) shall notifY the Community Development Director when altering or
modifYing equipment on the Telecommunications Facility. Notification shall include both a written
description and detailed plans showing equipment on the inside of the pole, as well as any modifications
to the equipment shelter. Any increase in the height of the monopole, or increase of the equipment
shelter, will necessitate a new Special Use Permit.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
SE-00026, Munk Subdivision
Joseph Forinash, Planner, presented file number SE-00026, Munk Subdivision. He stated the
purpose is to recognize as legal and exempt from subdivision regulations an existing 2.492 acre lot.
There were no referral responses and staff has no concerns or issues with this application.
Staff findings are as follows and as shown on staff report:
Pursuant to Eagle County Land Use Regulations, Section 5-270, Subdivision Exemption:
The division IS within the purposes of Section 5-280, Subdivision.
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Adequate access, potable water, and sewage ARE available.
The exemption WILL NOT create hazards.
The parcel DOES contain a safe, adequate building site on the site.
David Munk, applicant, was present for the hearing.
Commissioner Gallagher moved to approve File No. SE-00026, Munk Subdivision,
incorporating the Findings, and authorize the Chairman to sign the plat.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
AFP-00131, Eagle-Vail, Filing 2, Resubdivision Lot 22, Block 3
Joseph Forinash presented file number AFP-00131, Eagle-Vail, Filing 2, a resubdivision of Lot
22, Block 3. He stated this was an amended final plat which would adjust the common lot lines between
Lot 22A and Lot 22B.
The chronology of the application is as follows and as shown on staff report:
October 1973 - Final Plat approved for Eagle-Vail PUD Filing 2, which included subject lot.
May 2001- Minor B Subdivision approved to subdivide a duplex lot (Lot 22) into two single family lots
(Lots 22A and Lot 22B)
Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community
Development Director has made the following findings:
The Amended Final Plat DOES NOT adversely affect adjacent property owners.
The Amended Final Plat IS consistent with the intent of the Final Plat.
The Amended Final Plat DOES conform to the Final Plat requirements and other applicable
regulations, policies and guidelines.
An Improvements Agreement IS NOT applicable.
This amendment IS NOT an alteration of a restrictive plat note.
Mark and Carol Matthews, applicants, were present for the hearing.
Commissioner Menconi moved the Board of County Commissioners approve File No. AFP-
00131, Eagle-Vail, Filing 2, resubdivision of Lot 22, Block 3, incorporating the Staff findings and
authorize the Chairman to sign the plat.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until
October 30, 2001.
Attest:
Clerk to the Board
_"IN; cIA
Chairman
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