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HomeMy WebLinkAboutMinutes 06/30/15 01PUBLIC HEARING June 30, 2015 Present: Kathy Chandler-Henry Chairman Jillian Ryan Commissioner Brent McFall County Manager Bryan Treu County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Jeanne McQueeney Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner Ryan acknowledged the staff at Holy Cross Energy for their partnership towards meeting the county's energy conservation goals. Chairman Chandler-Henry gave a shout out to all the staff involved in the employee breakfast and ECO Transit and Trails for organizing the Bike to Work Day event. 1. Resolution 2015-051 Designating June 30, 2015 as Eagle County Elder Abuse Awareness Day Heather Lawdermilk, Human Services Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2015- RESOLUTION DESIGNATING JUNE 30,2015 AS EAGLE COUNTY ELDER ABUSE AWARENESS DAY WHEREAS,Eagle County's older adults are valued members of our community; and WHEREAS,abuse of older adults is an under-recognized problem with devastating and life threatening consequences; and WHEREAS,combating abuse of older adults will help improve the quality of life for all citizens of our communities and will allow older adults to continue to live as independently as possible and contribute to the life and vibrancy of Eagle County; and WHEREAS,Eagle County's older adults should be treated with respect and dignity as they continue to serve as leaders,mentors,volunteers and important and active members of our communities; and WHEREAS,Eagle County honors the countless contributions of its older adults and recognizes all efforts to end elder abuse as vital to the interests of the citizens of this county; and 1 06/30/2015 WHEREAS,the Board of County Commissioners of the County of Eagle, State of Colorado(hereinafter "the Board")encourages all Eagle County citizens to"Take a Stand"in the Fight Against Elder Abuse by learning the signs of elder abuse and neglect,providing respite for a caregiver,reaching out to isolated older adults or participating in awareness events. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,June 30, 2015 be proclaimed Elder Abuse Awareness Day in Eagle County. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. Ms. Lawdermilk stated that the last census estimated that Eagle County had about 3,000 adults 65 and older. Last year they received approximately 116 referrals to their hotline with 32%of those calls meeting the criteria to be investigated. Currently they were serving about 12 clients in the case management program. As of July 1, 2014,mandated reporting laws went into effect regarding elders 70 and older. She thanked the case workers that handled these cases and the commissioners for raising awareness on this issue. Commissioner Ryan moved to approve the resolution designating June 30, 2015 as Eagle County Elder Abuse Awareness Day. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Consent Agenda Chairman Chandler-Henry stated the first item before the Board was the Consent Agenda as follows: 2. Final Settlement of Contract between Eagle County and R.A.Nelson for the Lake Creek Community Center Addition Kristin Degenhardt, Project Management 3. Resolution 2015-052 Appointing Referees for the 2015 County Board of Equalization Christina Hooper,Attorneys Office 4. Agreement between Eagle County and Encore Electric,Inc. for On-Call Electrical Services Ron Siebert,Facilities 5. Twelfth Amendment to Master Agreement between Eagle County and KRW Consulting for Landfill Scale House Engineering Services Rick Ullom,Project Management 6. Resolution 2015-053 Authorizing the Eagle County Road Supervisor to Remove a Failing Culvert on County Road 8A, also known as Old Salt Creek Road,Thereby Discontinuing the Road for Through Traffic Gordon Adams,Road and Bridge 7. Memorandum of Understanding between Eagle County,Lake County and Pitkin County for Child Care Assistance Program Megan Burch, Economic Services 2 06/30/2015 8. Agreement between Eagle County and Clayton Early Learning,Trustee of the George W. Clayton Trust, for Early Head Start Services Maggie Swonger,Human Services 9. Resolution 2015-054 Approving Increasing the Amount of Open Space Funds for the Purchase of a Conservation Easement and Public Trail Easement on a Portion of the Emma Farm Property on Hooks Lane, Eagle County and Pitkin County Toby Sprunk, Open Space Commissioner Ryan moved to approve the Consent Agenda for June 30, 2015,as presented. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Chandler-Henry opened and closed citizen input, as there was none. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Business Items Eagle County Housing and Development Authority 10. Agreement between Lake Creek Village LLC and Mountain Roll Offs, Inc. for Trash Removal and Recycling Service Dan Murray,Housing Mr.Murray stated that the switch in services would save approximately$1,000 monthly. The contract was for$48,000 annually. Commissioner Ryan moved to approve the agreement between Lake Creek Village LLC and Mountain Roll Offs,Inc. for trash removal and recycling service. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 11. Agreement between Riverview Apartments Preservation LP and Alpine Painting Custom Finishes. Inc. for Exterior Painting at Riverview Apartments Dan Murray,Housing Mr.Murray stated the goal was to refinish the stairs and balconies on the buildings before winter. The lowest bid was$27,850. Commissioner Ryan moved to approve the agreement between Riverview Apartments Preservation LP and Alpine Painting Custom Finishes, Inc. for exterior painting at Riverview Apartments. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 3 06/30/2015 12. Agreement between Lake Creek Village LLC and Premier Landscapes, LLC for Landscaping at Lake Creek Village Apartments Dan Murray,Housing Mr. Murray stated that the agreement to complete the landscaping would complete the clubhouse remodel. The community center was being used on a daily basis by different groups. Commissioner Ryan moved to approve the agreement between Lake Creek Village LLC and Premier Landscapes,LLC for landscaping at Lake Creek Village Apartments. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 13. Behringer Harvard Residence at Cordillera d/b/a Lodge& Spa at Cordillera #42-50069-0001 Renewal of a Hotel&Restaurant Liquor License with 4-Opt.Premises in Edwards(Cordillera). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 14. Behringer Harvard Residence at Cordillera d/b/a Cordillera Mountain Club #42-50069-0002 Renewal of a Tavern Liquor License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 15. Diamond Five,Ltd. d/b/a Coyote Café #04-65986-0000 Renewal of a Hotel&Restaurant Liquor License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid.An Alcohol Management Plan is on file and proof of server training has been provided. 16. Beaver Creek Food Services,Inc.d/b/a Bachelor Gulch Club #47-03456-0000 Renewal of a Tavern Liquor License in Avon(Bachelor Gulch). There have been no complaints or disturbances in the past year. All the necessary fees have been paid.An Alcohol Management Plan is on file and proof of server training has been provided. 17. Drink!,Inc. d/b/a Drink! #41-76461-0000 Renewal of a Retail Liquor Store License in Edwards. There have been no complaints or disturbances in the past year.All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 4 06/30/2015 Commissioner Ryan moved that the Board approve the Liquor Consent Agenda for June 30, 2015, as presented. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Other Liquor Business 18. Special Event Permit Roaring Fork Conservancy APPLICANT: Roaring Fork Conservancy REQUEST: Special Events Permit EVENT: River Rendezvous DATE OF EVENT: Wednesday-July 15, 2015 REPRESENTATIVE: Rick Lofaro,Event Coordinator • LOCATION: Dallenbach's Wooden Handle Ranch 2561 Frying Pan Road-Basalt STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit for their annual fundraiser being held at the Dallenbach's Wooden Handle Ranch on July 15, 2014 from 4 - 11 pm. This is the seventh(7th)year the event will be held at this location. The event will feature a full catered dinner, dancing, silent and live auctions. Beer, wine and mixed drinks will be available. The applicant anticipates 300 attendees. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on June 19,2015, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriff's Department per the requirements of the Eagle County Local Licensing Authority. DISCUSSION: Ms. Scriver presented the request. Staff had no concerns with the application. Sarah Wood stated that that the event was in its 16th year of being held all over Eagle County,Pitkin County, and Garfield County. The event represented almost half of what was used for their operation's budget. Dallenbach's Ranch was perfect for the event as it was on the river. It was a great event that focused on the Frying Pan River. They did a lot of work to protect the rivers and provided education programs for children. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the Special Event Permit application for the Roaring Fork Conservancy event being held at the Dallenbach's Wooden Handle Ranch on Wednesday,July 15, 2015 from*4:00 pm to 11:00 p.m. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 5 06/30/2015 Commissioner Ryan moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Planning File 19. SE-4606 Kelly Litt Subdivision Exemption Kris Valdez,Planning Sean Kelly and Robin Litt,Applicant Karp Neu Hanlon P.C.,Mike Sawyer/Jeff Conklin,Representative Action: The purpose of this Subdivision Exemption is to create two legal lots. Location: 4724&4729 Sweetwater Road, Gypsum Area TITLE: Kelley Litt- Subdivision Exemption FILE NO./PROCESS: SE-4606/ Subdivision Exemption LOCATION: 4724 Sweetwater Road and 4729 Sweetwater Road OWNER/APPLICANT: Sean Kelley and Robin Litt REPRESENTATIVE: Michael Sawyer,Karp,Neu,Hanlon, PC STAFF PLANNER: Kris Valdez, MURP, AICP I. SUMMARY: The Applicants request review of a Subdivision Exemption for these two parcels.The Litt Parcel is currently 2.4 acres,but would be 3.4 acres and the Kelley Parcel is 37.9 acres,but would be 36.9 acres should the subdivision exemption be approved. The two parcels,Kelley and Litt,were originally part of a larger parcel owned by Louis Mavros.This large parcel was subdivided illegally in 1998 by Mr.Mavros who subsequently sold them to the Litt's and Kelley's. When Mr.Kelley attempted to obtain a well permit for the 37.9 acre parcel, he discovered the parcel had been illegally created by Mr.Mavros.At the time Mr.Kelley bought the undeveloped property, all parties involved, including,title companies and real estate brokers, did not discover that the properties were illegally created. This in turn led to litigation against Mr.Mavros, (Eagle County District Case No. 09CV836)that was ultimately settled, in consultation with the County,to create a path forward for correcting the illegal subdivision. Therefore, the Kelley's and the Litt's have submitted a subdivision exemption to the County for consideration. Both properties are currently zoned Resource,which requires a minimum lot size of 35 acres. The larger parcel owned by the Kelley's will meet these minimum requirements. However, due to the steep nature of the Kelley's lot, in the future,when a home is constructed,the owner may need to obtain a variance from the driveway standards in the Eagle County Land Use Regulations.The driveway design shall accommodate the emergency service providers' ability to access the Kelley and Litt Parcels and emergency service providers shall be consulted during driveway design. A plat note has been added to memorialize that a driveway variance may be required in the future. The Litt parcel,currently at 2.4 acres,does not meet the minimum lot size requirements of the Resource Zone District. There is an existing home on the property,but it is suspected that the home is in the floodplain of Sweetwater Creek. Floodplain mapping does not existing for this area,but due to the elevation of the property and the proximity to Sweetwater Creek, staff is of the opinion that the existing home could be impacted by a flood event. With that in mind, one of the standards for a Subdivision Exemption is that a safe building site is created. 6 06/30/2015 Staff suggested to the Applicants that a one(1) acre piece of property be carved out of the Kelley property on the northeast side of Sweetwater Road away from the river, in the event that the existing home is ever destroyed,there is an alternative building site to construct a residence. This would then create a 3.4 acre lot spanning across Sweetwater Road. Due to the steep nature of the proposed alternative building location,the Litt's are requesting a variance from the 50 foot setback from the 60 foot Sweetwater Road Right-of-Way to a 10 foot setback. The Board of Adjustments hearing on the Litt Variance,Planning File No. ZV-5314,is scheduled for July 8,2015. Staff determined that the Subdivision Exemption file should be heard first because if it does not get approved,then the variance would not be required. When the property was illegally subdivided, Mr.Mavros only allocated for a 40 foot right-of-way,but the properties on either side of these two parcels each call out a 60 foot right-of-way,therefore Eagle County is requesting a 60 foot road easement through the property. This new 60 foot right-of-way request impacts the buildable area of the one(1) acre building site for the Litt's once again necessitating a variance request from the Sweetwater Road right-of-way. Water is provided to the Litt Parcel by an existing well permit. However,Mr.Mavros,put the well on the Kelley Parcel. Therefore,the Litt's will re-permit the existing well for an in house use only which would allow the Kelley's to obtain a 35-acre exempt well permit from the Division of Water Resources.The Kelley's have applied for a well permit but this well permit cannot be completed until a legal parcel is created. Each property will be served by an Individual Wastewater Disposal System(ISDS). The Litt Parcel has an existing system and the Kelley Parcel will obtain an ISDS at the time of building permit.The Kelley Parcel is shown with two (2)potential ISDS sites.The new alternative building site for the Litt Parcel has also demonstrated the location of ISDS. Due to the steep nature of the parcels, at the time of building permit for the Kelley Parcel and the Litt Parcel alternative building site, an individual, site specific geotechnical report will be required prior to the issuance of a building permit.Plat notes have been added to memorialize this condition. Access is provided by the Sweetwater Road and fire protection services are provided by the Gypsum Fire Protection District. Staff believes the proposed exemption meets all required standards and that all issues related to the plat, as well as technical aspects of the survey have been resolved. Likewise,with any future plans for construction for any new residences shall be subject to the plat notes as discussed and improvements shall be constructed to meet Eagle County Land Use Regulations Standards unless a variance is obtained. II. SITE DATA: Surrounding Land Uses/Zoning—Kelley Parcel: North: Bureau of Land Management(BLM)/Resource Preservation South: Residential/Resource and Sweetwater Road Easement/Resource East: Bureau of Land Management(BLM)/Resource Preservation West: Residential/Resource and Sweetwater Road Easement/Resource Existing Zoning: Resource Total Area: 36.9 acres Water/Sewer: Individual wells and sewage disposal systems. Access: Sweetwater Road Surrounding Land Uses/Zoning—Litt Parcel: North: Residential/Resource and Sweetwater Road Easement/Resource South: Residential/Resource East: Sweetwater Road Easement/Resource West: Residential/Resource 7 06/30/2015 Existing Zoning: Resource Total Area: 3.4 acres Water/Sewer: Individual wells and sewage disposal systems. Access: Sweetwater Road III. REFERRAL RESPONSES: Eagle County Engineering: -Plat should show a 60 foot right of way for the Sweetwater Road right-of-way. -Add the following plat notes: 1. Prior to the issuance of a building permit, a site specific geotechnical report is required. All recommendations in the geotechnical report shall be adhered to. 2. The auxiliary building envelop for Lot 2 shall require a geohazard investigation prior to the issuance of a building permit and hazard mitigation may be required. 3. Driveway designs were not submitted nor reviewed;prior to the issuance of a building permit for the parcels created by this exemption plat, the owners shall demonstrate that the applicable driveway(s)can be constructed to Eagle County Driveway Standards. If the Driveway Standards cannot be met, a variance from improvement standards shall be obtained. There is no guarantee of variance approval. The final decision by the County Commissioners will weigh the hardship of the Applicant verses the impact to public safety. Note: As of the date of this report, staff has worked with the Applicant's representative and the Eagle County Attorney's Office to resolve all of the above comments. Per an email on April 20,2015, all Engineering comments have been addressed. IV. STAFF FINDINGS: Pursuant to Eagle County Land Use Regulations, Section 5-270, Subdivision Exemption: 1) The division IS NOT within the purposes of Section 5-280, Subdivision. 2) Adequate access,potable water, and sewage HAVE BEEN OR WILL BE established. 3) The exemption WILL NOT create hazards with mitigation, if required. 4) The parcel DOES contain a safe and adequate building site with mitigation, if required. DISCUSSION: Ms. Valdez stated that the request would legalize two lots. The lots were split illegally in 1998. She presented a parcel map of the area. Both lots were zoned Resource, requiring a minimum of 35 acres. Due to the steep nature of the Kelly's lot the owner may need to obtain a variance from the driveway standards. A plat note had been added to memorialize this requirement. The Litt parcel did not meet the minimum lot size requirements of the Resource Zone District. The home was in the flood plain of Sweetwater Creek and could be impacted by a major flood event. Staff suggested that a one acre piece of property be carved out of the Kelly property away from the river in the event the existing home was ever destroyed. At the time of building permit a geotechnical report will be required and a plat note has been added to memorialize this condition. Each property would be served by separate wastewater disposal systems. She presented the board's options. Staff recommended approval of the file with the plat notes. Chairman Chandler-Henry asked where the one acre addition was located and if it had been surveyed and platted. Ms. Valdez indicated that it had been surveyed and was on the plat. Chairman Chandler-Henry asked the applicant if this solution would provide a reasonable expectation to build. Michael Sawyer believed this was a workable way forward.The property owners hadn't any notice they were purchasing an illegally created subdivision. He thanked staff for their compassion and creativity in navigating the process and meeting the conditions. 8 06/30/2015 Chairman Chandler-Henry believed the file met the standards, and would not create hazards with mitigation and did contain a safe and adequate building site. Commissioner Ryan thanked staff for their creativity and also believed the exemption met the required standards. Commissioner Ryan moved to approve File No. SE-4606, incorporating staff's suggested findings, and authorizing the Chairman to sign the plat. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Tree Farm Building Tour El Jebel Community Center 20 Eagle County Drive EL Jebel, CO Roaring Fork Valley Regional Planning Commission Interviews Pinon Room El Jebel Community Center 20 Eagle County Drive EL Jebel, CO .t cAr4.4 There being no further busi oard,the meeting as adjourned until July 7, 015. z � Attest:1 d. ►t^"v.,....i 1 o .. 0,1/40„,..0 ,e i< Al Le .: / Clerk o the Board Chairm.I • ut� 9 06/30/2015