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HomeMy WebLinkAboutMinutes 09/01/15 PUBLIC HEARING September 1, 2015 Present: Kathy Chandler-Henry Chairman Jeanne McQueeney Commissioner Jillian Ryan Commissioner Brent McFall County Manager Beth Ayres-Oliver Assistant County Attorney Kathy Scriver 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: Commissioner Updates There were no Commissioner Updates. Consent Agenda There were no items on the Consent Agenda. Citizen Input Chairman Chandler-Henry opened and closed citizen input, as there was none. Business Items 1. Second Amendment to Memorandum of Understanding among Eagle County,Gunnison County, and Pitkin County Concerning Energy Smart Program Adam Palmer,Environmental Health and Sustainability Mr. Palmer introduced the representatives from Energy Smart Colorado,Kim Langmaid,Marty Treadway, and Mona Newton. There were three items before the board. The first agreement between Eagle, Gunnison,and Pitkin Counties authorized the board to enter into the second two agreements. Ms.Newton stated that they had expanded Energy Smart almost statewide. Mr. Palmer stated that the transition would not include the revolving loan fund.That would be continued to be maintained by Eagle County. It was originally a$985,000 revolving loan fund and the current outstanding balance was just over$300,000. Kim Langmaid stated that she proud of the work that had been done over the past year. It had been a great experience to see the collaborative model take hold and she looked forward to the future. Chairman Chandler-Henry was pleased to see a non-profit board model. Commissioner Ryan congratulated the three counties for pulling in all the partners. Ms. Langmaid stated that that they had resources available to residents and business for assessments and rebates for energy efficiency. The community could contact Walking Mountain Science Center to schedule an appointment. They provided a list of contractors, free radon kits, and rebates for radon mitigation. Commissioner McQueeney stated that she had solar on her roof and plugged in her car. She supported the program and thanked everyone for the services they provided to the county. Chairman Chandler-Henry believed it was important to work across counties. 1 09/01/2015 Commissioner Ryan moved to approve the second amendment to memorandum of understanding among Eagle County, Gunnison County, and Pitkin County concerning Energy Smart Program. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. Second Amendment to Agreement between Eagle County and EnergySmart Partners,LLC, for Administering an Energy Efficiency and Renewable Energy Revolving Loan Fund Program. Adam Palmer, Environmental Health and Sustainability Commissioner Ryan moved to approve the second amendment to agreement between Eagle County and EnergySmart partners, LLC, for administering an energy efficiency and renewable energy revolving loan fund Program. Commissioner McQueeney seconded the motion. The vote was declared unanimous. • • 3. Agreement between Eagle County and Energy Smart Colorado, Inc. Adam Palmer, Environmental Health and Sustainability Commissioner Ryan moved to approve the agreement between Eagle County and Energy Smart Colorado, Inc. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4. Contract Agreement between Eagle County and Schofield Excavation, Inc. for Project No. LOC 15-01: Installation of Water and Sanitary Sewer Utilities on the North General Aviation Apron Chris Anderson,Airport Jeff Brownback stated that the project would expand sanitary sewer and water lines on the north-side of the airport and bring in public restrooms and fire hydrant. They received three bids and Schofield Excavation was the lowest bid. This portion of the project was estimated to cost$290,000. Chairman Chandler-Henry believed the improvements would benefit local users. Commissioner McQueeney stated that the funding for the project came from airport funds. Commissioner McQueeney moved to approve the agreement between Eagle County and Schofield Excavation,Inc. for Project No. LOC 15-01: Installation of water and sanitary sewer utilities on the north general aviation apron. Commissioner Ryan seconded the motion. 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 Local Liquor Licensing Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 5. Special Event Permit-Eagle Valley Humane Society APPLICANT: Eagle Valley Humane Society REQUEST: Special Event Permit EVENT: Canine Crawl DATE: Saturday—September 19,2015 REPRESENTATIVE(s): Char Quinn-Gonsenica, Eagle Valley Humane Society LOCATION: Eagle Vail Pavilion&Lawn Area—538 Eagle Road,Eagle Vail STAFF REPRESENTATIVE: Kathy Scriver 2 09/01/2015 CONCERNS: None DESCRIPTION: The applicant has requested a permit for an event being held at the Eagle Vail Pavilion on Saturday— September 19`h. The event features a fun dog walk followed by an after"Paw-ty"with live music,pet vendors, Bow Wow Film Festival, dog competitions and drawing for prizes. Food vendors include Southern Spoonful and Route 6 Café. Beer will be available for purchase. STAFF FINDINGS: 1. The application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. • 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises August 21,• 2015, at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management plan,proof of server training,and has notified the Eagle County Sheriff's Office. DISCUSSION: Ms. Scriver presented the request. Ms. Quinn-Gonsenica stated that this was the second Canine Crawl. The event was family friendly. Chairman Chandler-Henry asked if the applicant was working with the Eagle Vail Metro Board. Ms. Quinn-Gonsenica indicated that they were. Tickets could be purchased the day of the event. The servers would be from Bonfire Brewery. Commissioner McQueeney moved that the Local Liquor Licensing Authority approve the permit for the Eagle Valley Humane Society event being held at the Eagle-Vail Pavilion on September 19, 2015 from 2:00 pm to 8:00 pm. Commissioner Ryan seconded the motion. 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. 6. Special Event Permit-Eagle Valley Horse Rescue APPLICANT: Eagle Valley Horse Rescue AKA Mountain Valley Horse Rescue REQUEST: Special Event Permit EVENT: Vintage Market DATE: Saturday& Sunday—Sept. 12th and 13th,2015 REPRESENTATIVE: Shana Devins, Eagle Valley Horse Rescue Jennifer Sturgeon, Event Organizer LOCATION: Eagle River Center—0794 Fairground Road,Eagle STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None DESCRIPTION: The applicant has requested permits for a two day event being held at the Eagle River Center.The event will be catered by Food by Marc,Rocky Mountain Tacos,and Katie's Cookies. Only canned alcohol items, such as beer and malted alcohol beverages will be available for purchase. Mountain Valley Horse Rescue server trained 3 09/01/2015 volunteers will be serving the alcohol. Lonestar Security will be providing event security. The applicant hopes to attract 500 attendees(per their lease agreement with the county). STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises August 21, 2015, at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management plan,proof of server training, and has notified the Eagle County.Sheriff's Office. DISCUSSION: Ms. Scriver presented the request. Jennifer Sturgeon stated that she'd been working with her parents to put on a vintage market in Texas for the last four years. They had vendors coming from Texas, Oklahoma and from all over the state of Colorado. There would be a beer garden, food vendors and kid's activities. Tickets would be available at the door or online. Shana Devins shared the mission of the Mountain Valley Horse Rescue and was excited to be a part of the event. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the permit for the Eagle Valley Horse Rescue event being held at the Eagle River Center, September 12th from 10:00 am to 6:30 pm and September 13th from 10 am to 3:30 pm. Commissioner McQueeney seconded the motion. 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. 7. Transfer of Ownership/Temporary Permit—Ceres LLC,Henry's Chinese Café APPLICANT: Ceres, LLC DBA: Henry's Chinese Café REPRESENTATIVE: Gao Zhongguang—Owner LOCATION: 175 Main St. C101-Riverwalk Edwards REQUEST: Transfer of Ownership/Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has applied for the transfer of a Hotel and Restaurant Liquor License and is requesting a Temporary Permit to allow them to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. The license is currently held by Hung-Jen Yen d/b/a Henry's Chinese Café. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the State and Local Licensing Authority,and were valid as of the date of receiving the application. • 4 09/01/2015 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant,the names and addresses of the president,vice-president, secretary and managing officer,the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. A statement that all accounts for alcohol beverages sold to the applicant are paid,has been filed. 4. The application for the Temporary Permit has been filed no later than thirty(30)days after the filing of the application for the transfer of ownership. DISCUSSION: Ms. Scriver presented the request. Staff had no concerns. Henry the former business owner was present. Hung-Jen Yen, also known as Henry stated that the applicant's English was limited. He believed Ms. Zhongguang would run the business as he did. The staff would continue working with her. He would help the new owner as much as possible. Gao Zhongguang, also known as Grace introduced herself. Chairman Chandler-Henry asked if there were any problems with the current license. Ms. Scriver stated that there had not been any issues. Commissioner McQueeney moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Ceres, LLC d/b/a Henry's Chinese Café which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty(120)days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one-hundred-twenty day period and the transferee demonstrates good cause,the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty(60)days. Commissioner Ryan seconded the motion. 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 Local Liquor Licensing Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Planning Files 8. SMB-5506 Boulders Subdivision Lot 14,Block 10 Kris Valdez,Planning OK Eagle Development LLC, Tim Hammons, Applicant Dominic Mauriello,Mauriello Planning Group,Representative Action: The purpose of this Minor Type B Subdivision is to create three separate lots. Location: 3010 Basingdale Blvd, Vail Area FILE NO./PROCESS: SMB-5506,Minor B Subdivision PROJECT NAME: Boulders Subdivision,Block 10, Lot 14 LOCATION: 3010 Basingdale Blvd. OWNER: OK Eagle Development, LLC -Tim Hammons APPLICANT: OK Eagle Development, LLC -Tim Hammons REPRESENTATIVE: Mauriello Planning Group,Dominic Mauriello STAFF PLANNER: Kris Valdez,MURP,AICP STAFF ENGINEER: Taylor Ryan,P.E. STAFF RECOMMENDATION: Approve 5 09/01/2015 I. SUMMARY: The intent of this Minor Type B Subdivision is to create three(3) lots within an existing parcel that was created in 1977. The parcel is an existing platted property,known as Vail Intermountain Development. Subdivision History: In October of 1974,when Eagle County initially adopted and enacted zoning,the subject property was assigned the zone district designation of Residential Suburban Medium Density(RSM). In 1977, the Vail Intermountain Development, Lot 14,Block 10, was approved. The purpose of the subdivision was to create a future lot for a total of six(6)units, although the Residential Suburban Medium Density(RSM) Zone District allowed for eight(8)units. In 1981,the West Vail Area, including the Vail Intermountain Development subdivision,was annexed to the Town of Vail with documentation under Reception No. 211362. However, on August 15, 1985, in Case No. 84CA0737,the Colorado Court of Appeals found that the annexation was invalid On September 3, 1985,the Board of County Commissioners adopted temporary Land Use Regulations for the West Vail area pending the study and enactment of Permanent Land Use Regulations. This Resolution,No. 85-50,under reception number 320258,recognized the Colorado Court of Appeals decision which held that the annexation proceedings by the Town of Vail involving the area known as"West Vail"were invalid. The Town of Vail elected not to further appeal the decision regarding the annexation of West Vail. The West Vail area was therefore deemed under the jurisdiction of Eagle County. The entire area was given the zoning designation of RSM. Current Zoning and Conditions: As such,the site is properly zoned for duplex structures on each proposed lot and contains adequate square footage to accommodate the future structures.The maximum allowed density in the RSM zone district is one residence per 8,000 square feet of lot area. All Dimensional Limitations and Improvement Standards for the RSM Zone District will be met. II. SITE DATA: Surrounding Land Uses/Zoning: East: State Land Board/Commercial General(CG) West: United States Forest Service/Resource Preservation(RP) North: Basingdale Blvd(R.O.W)/Residential Suburban Medium Density(RSM) South: Colorado Parks and Wildlife/Resource(R) Existing Zoning: Residential Suburban Medium Density(RSM) Total Area: 1.540 Acres Water: Public Sewer: Public Access: Basingdale Boulevard III. STAFF FINDINGS: Pursuant to Section 5-290.G.1 of the Eagle County Land Use Regulations,the Community Development Director has considered the following in the review of this Type B Minor Subdivision: a. Access,Water and Sewage. Access to this property is along Basingdale Boulevard. Basingdale Blvd. is constrained by the steep topography in the area, and it is not uncommon for vehicles to be parked along the road. When the Vail Intermountain plat was filed, a cul-de-sac bulb was provided at the end of Basingdale Blvd. and adjacent to the property which is the subject of this application; however, for reasons that are not clear,no cul-de-sac was ever constructed. County staff desire to 6 09/01/2015 work with the applicant and concerned neighbors on Basingdale Blvd. to investigate the construction of this cul-de-sac. The applicant has committed to meeting the County Improvement Standards including providing all required on-site parking and following the driveway standards. If the Improvement Standards cannot be satisfied,the applicant is aware that a Variance will be required. Access to potable water and sewage are public systems and are provided by Eagle River Water and Sanitation District. b. Conformance with Final Plat Requirements. This Minor B Subdivision 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. DISCUSSION: Commissioner Ryan disclosed that she was married to Tayler Ryan,the engineer on this file but believed it would not compromise her ability to be objective. Dominic Mauriello spoke on behalf of the owners of the property. The property was owned by an LLC and was located in the Vail Intermountain Subdivision. The property was zoned residential suburban medium density, as it had been since 1977. The zoning was intended for moderate density and permitted single family duplexes and multiple family residents on lots of 8,000 sq. ft. or larger. On the plat there was a limitation that allowed for six dwelling units on the property. There was also a variance that allowed for a 15 ft. front set back because of the steep slopes in the area.The proposal was not changing any of the existing density. The applicant was proposing three separate lots and allowing for two dwelling units per lot. Each home would have a private driveway from Basingdale Blvd. There was an ability to serve water to all the properties and access to public sewage facilities. The road was narrow and was a dead-end. He believed that road improvements may be possible during construction.The homeowners would be required to pay a traffic impact fee. He met with three of the neighbors and their primary concerns were parking,road closures,the width of the road, and lack of a turnaround at the end of the road. The property was not located in critical wildlife areas as mapped by Colorado Parks and Wildlife web page. The applicant believed the impacts would remain the same as allowed by the 1977 plat. The builder was happy to work with the neighbors and willing to address any construction or roadway issues. Ms.Valdez stated that the reason the Minor Type B Subdivision was not placed on the consent agenda was because undeveloped land was being subdivided. Since the lot had already been platted for six units, a building permit could be issued without the Minor B Subdivision. Staff understood that there were constraints to Basingdale Blvd. due to the steep topography. The 1977 plat showed a cul-de-sac which was never constructed. County staff was investigating constructing the cul-de-sac in conjunction with the future building construction. Staff believed the request was in conformance with the fmal plat requirements and applicable regulations,policies, standards and guidelines. Ty Ryan stated that the plat note required review at the time of building permit. The regulations classify the road as an"urban residential collector". The road was constructed without a cul-de-sac and some of the homes were close to the roadway which complicated the parking issues. Ms.Valdez presented the board's options. Chairman Chandler-Henry asked for clarification on the road ownership. Mr. Ryan stated that the road was a county road. Ms. Ayres-Oliver stated that the board was reviewing an application for a Minor B Subdivision and were limited to three standards for approval,adequate access, adequate water and sewer disposal, and whether the lots conform to the fmal plat requirements. Mr.Ryan stated that the road and any improvements would be reviewed at the time a building permit was submitted. As far as improvements to the cul-de-sac, it was a project Road and Bridge looked at and would like to get to in the future. There was nothing holding the developer back from development without road improvements. 7 09/01/2015 Chairman Chandler-Henry opened public comment. Angela Mueller spoke. Her main concern was the width of the road. She requested that the county make the road safe before they allow further development. Lee Depaolo shared Ms.Mueller's concerns for the road. She was concerned with the proposed driveway locations. She needs the entire road to back up from her driveway. She wondered if there would be an option for public input when it came to the construction of the buildings. Ms. Ayres -Oliver stated that the public would not have the ability to weigh in on the design. Carl Mueller requested that a cul-de-sac be built. Nicole Talarico supported the need for a cul-de-sac and requested that the county consider working with the developer. She also spoke about the number of deer and bear in the area. She was concerned with dirt, snow and water runoff mitigation as well. David Reichardt, resident of 2995 Basingdale Blvd. for 38 years spoke. He has been run off the road by other cars several times. The issue was between this property and the end of Basingdale Blvd. where there was too much traffic and cars parked to close to the road and/or on the road. Most homeowners had to back out of their driveway onto the main road to turn around. He was not against the developer developing their property; he was against them developing more than what was originally planned in this subdivision. The extra traffic would make it more very difficult for homeowners to back out of their driveways. He hoped there would be some consideration as to the extra density. Bill Andre stated that the Colorado Parks and Wildlife owned about 119 acres in the area and three lots were in this subdivision. The area was at one time,the second largest migratory deer herd in the State of Colorado; it was now in the double digits. They were working with the Town of Vail and the Forest Service to provide a landing area for helicopter on their property for logging. They weren't interested in impacting their property to provide the developer with fire mitigation. He believed that there should be something in this proposal that addressed fire safety and how it would be handled. Hal Reichardt spoke. He had some public safety concerns. The grade was steep and he was concerned with building two levels deep into the mountain. There was uranium in the ground and this could be a problem for the homeowners. There were bear and deer in the area.He was concerned with irresponsible second home owners or renters leaving out trash. He believed the property might be a good candidate for open space. Diana Reichardt stated that she watched the deer every day. There were also bear in the area. She didn't want anyone to mess with the wildlife in the area. Chairman Chandler-Henry closed public comment. Commissioner McQueeney wanted to ensure that the builder would be accountable for addressing the issues of grade, setbacks and radon mitigation. Mr. Ryan stated that the buildings would have to meet the building code and would require radon mitigation. Chairman Chandler-Henry expressed concerns for the current road condition and that there was no dual access. Mr. Ryan stated that there had been variations to the dual access granted but was uncertain that was the case here. Chairman Chandler-Henry encouraged the property owners to address any fire issues. She wondered if there was a homeowner's association or covenants that addressed fire mitigation. Mr.Mauriello stated that there were covenants recorded in 1977 but there wasn't an active association. Ms. Valdez stated that Eagle County was identified as the enforcer of the covenants. There was no active association and the county did not enforce the covenants. There was no fire mitigation and the covenants restricted removal of trees. Mr. Ryan stated that at the time of building permit there would be a wildfire review and inspection by Eric Lovgren the wildfire mitigation specialist. Eric Lovgren stated that he would rate these properties as high hazard. There would be specific mitigation requirements related to building construction and removal of vegetation for defensible space. Chairman Chandler-Henry reminded everyone that the applicant was not requesting an increase in density. She believed this was an opportunity to increase safety in the area. 8 09/01/2015 Mr.Mauriello believed that if nothing happened to the road the driveways would be deeper. The accessibility of the lots would be an improvement. Ms. Ayres-Oliver stated that the board was considering access on the land to be subdivided and not access as if it were a new subdivision. If there were issues with the cul-de-sac, it was something that Road and Bridge needed to look at and not a factor to be used for the board to decide whether or not to approve the file. Mr. Ryan stated that the Engineering Department would gladly work with Road and Bridge to work on design and with the boards support, continue the discussion. Commissioner Ryan stated that the board had limited authority and only three factors to consider. The applicant had the right to build six units now. She heard the neighbors' concerns with regard to the road. She supported having Road and Bridge Department work with Engineering to make improvements to the road. She believed that the building permit process would address many of the neighbors' concerns. She encouraged the neighborhood to work with Eric Lovgren on wildfire mitigation. Commissioner McQueeney believed this was an opportunity to work together to create something better. The county had a role in making this happen. Things had changed since 1977 and so had the building codes. According to the standards needing to be addressed now,there was no cause to not to approve the subdivision. Chairman Chandler-Henry agreed with her fellow commissioners. She was most concerned with wildlife, wildfire, and public safety. She believed that Eagle County could be committed to working with the neighbors on making the road better. She encouraged the current homeowners and the new builder to work with the Division of Wildlife to make the area as wildlife friendly as possible. Commissioner McQueeney moved that the Eagle County Board of Commissioners approve the Minor B Subdivision for Boulders Subdivision,Block 10 Lot 14, (Eagle County File No. SMB-5506), as presented,based on its conformance with applicable standards and based on a review of staff findings and authorizes the Chair to sign the plat. Commissioner Ryan seconded the motion. The vote was declared unanimous. Work Sessions 9. Eagle County Early Childhood Presentation Toni Rozanski,Child,Family and Adult Services 10. Eagle River Park Presentation Matt Farrar,Assistant Planner,Town of Eagle Yuri Kostick, Eagle Mayor Jon Stavney,Eagle Manager There being no further business , d,the meeting w adjourned until September 8 2015. (A * A Attest: TEL . ( .L--4 I '• .a* / t Clerk to thy Board Chairma �y. IV I 9 09/01/2015