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Home My WebLink AboutMinutes 08/30/16 PUBLIC HEARING August 30, 2016 Present: Jeanne McQueeney Chairman Jillian Ryan Commissioner Kathy Chandler-Henry Commissioner Brent McFall County Manager Bryan Treu County Attorney 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 for their consideration: Commissioner Updates Commissioner Chandler-Henry reported on the Catamount Bridge opening. There was one single lane bridge remaining in Eagle County,the Red Dirt Bridge. The new bridge provided safety for travelers,cyclists,and residents and would allow for water monitoring. Chairman McQueeney gave a shout out to the Governor who checked out the county trails project. She thanked staff for putting on a spectacular show and making it a good day. Consent Agenda 1. Resolution 2016-069 Authorizing Assignment to the Colorado Housing and Finance Authority of Private Activity Bond Allocation of Eagle County Colorado Pursuant to the Colorado Private Activity Bond Ceiling Allocation Act Jill Klosteman,Housing 2. Assignment of Allocation of Multifamily Housing Facility Bonds/Single Family Mortgage Revenue Bond between Eagle County and the Colorado Housing and Finance Authority Jill Klosteman,Housing 3. Colorado Office of Economic Development and International Trade Community Development Block Grant Business Loan Funds Close-Out Report 2015 Jill Klosteman,Housing 4. Letter to Colorado Office of Economic Development and International Trade Community Development Block Grant Business Loan Funds to De-Obligate funds Jill Klosteman,Housing 5. Agreement between Eagle County Clerk and Recorder and the Board of County Commissioners for the County of Eagle, State of Colorado concerning the November 8, 2016 General Election Teak Simonton,Clerk and Recorder 6. Second Amendment to Agreement between Eagle County, Colorado and Schmueser Gordon Meyer, Inc. for Professional Design Services for Cedar Drive Road Improvement Rickie Davies, Engineering 1 08/30/2016 7. Agreement between Eagle County and Umbrella Roofing, Inc. for Procurement and Installation Services Alex Everman, Airport 8. Approval of the Minutes of the Board of County Commissioner Meetings for July 12,July 19, and July 26, 2016 Teak Simonton,Clerk and Recorder Commissioner Ryan moved to approve the Consent Agenda for August 30,2016, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Jeanne McQueeney opened citizen input. Joanne Rock, Eagle County resident applauded the board on their working relationship. She invited the commissioners to accept an invitation to her apartment for lunch. She wanted the commissioners to see her apartment and hoped to help them better understand the housing crisis. Chairman McQueeney stated that the board would follow-up with her on the lunch invite. Business Items 9. Resolution 2016-070 Creating the Animal Services Advisory Committee, Appointing Committee Members and Establishing By-Laws Aric Otzelberger,Administration Mr. Otzelberger stated that resolution appointed nine members to an advisory committee. The purpose of the committee would was to function as an advisory board. The committee would make recommendations to the policies,practices,programs and priorities, animal sheltering and animal control. The group would function to address community concerns, complaints, and requests. They received 26 applicants and nine members were selected to serve. All terms would be three years. Commissioner Chandler-Henry spoke about the members and their dedication to helping the animal shelter be the best it can be in providing services to the community. She was excited about the new committee. Commissioner Ryan stated that she was also excited to work with the committee. Commissioner Chandler-Henry moved to approve the Resolution creating the Animal Services Advisory Committee,Appointing Committee Members and Establishing By-Laws. Commissioner Ryan seconded the motion. The vote was declared unanimous. 10. Resolution 2016-071 Providing for the Submission to the Registered, Qualified Electors of Eagle County, Colorado, a Question Authorizing the Levy of a Sales Tax of Three Tenths of One Percent(.3%) for the Purpose of Providing and Improving the Quality,Availability and Affordability of Housing in Eagle County, Said Question to be Submitted at the Election to be Held November 8, 2016; Prescribing the Form of Ballot Question for Submission at Said Election, and Providing for Certification of the Election Question to the County Clerk and Recorder Brent McFall,Administration 2 08/30/2016 Mr.McFall stated that the resolution if adopted would place a question on the November ballot with respect to levying a sales tax of.3%for the purposes of providing affordable and obtainable service throughout the county. If approved,the tax would go into effect in 2017. The tax could generate$5 million annually. Commissioner Ryan believed that the purpose had broad applicability. Commissioner Chandler-Henry thanked the housing staff, community partners and the business community for their efforts. She was proud of the efforts and believed it would build a stronger community. Chairman McQueeney stated that the initiative was based on a lot of work and input. This was in response to the community and its leaders. Commissioner Ryan moved to approve the Resolution Providing for the Submission to the Registered,Qualified Electors of Eagle County, Colorado, a Question Authorizing the Levy of a Sales Tax of Three Tenths of One Percent(.3%) for the Purpose of Providing and Improving the Quality,Availability and Affordability of Housing in Eagle County, Said Question to be Submitted at the Election to be Held November 8, 2016; Prescribing the Form of Ballot Question for Submission at Said Election,and Providing for Certification of the Election Question to the County Clerk and Recorder Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 11. Resolution 2016-072 Providing for the Submission to the Registered and Qualified Electors of Eagle County, Colorado, a Question of Whether the County Shall be Authorized to Issue Bonds or Other Financial Obligations for the Purpose of Financing the Completion of Critical Sections of the Eagle County Trail System; and in Connection Therewith to Authorize Using a Portion of the Existing Open Space Tax Revenue for Repayment of the Same; and in Further Connection Therewith to Extend the Expiration Date of the Open Space Tax for an Additional Period of Fifteen(15)Years; Said Question to be Submitted at the Election to be Held November 8,2016; Prescribing the Form of Ballot Question for Submission at'Said Election, and Providing for Certification of the Election Question to the County Clerk and Recorder Brent McFall,Administration Mr. McFall stated that this was another question that if approved,would be placed on the November ballot. This had to do with the existing Open Space tax. The tax had been used primarily for acquisition and preservation of open spaces. The question was whether or not to expand the definition in terms of allowed uses.The primary change would be for the purpose of allowing the tax funds to be used for trails both on and off site of the open space properties. The funds could also be used for water quality and water quality improvement projects. The current tax had a sunset in the year 2025 and this would ask the voters to extend the sunset provision to the year 2014. Lastly,the county would have authority to bond against the revenue stream. The question had been reviewed by a number of committees and interest groups and received a good response. Bryan Treu stated that resolution being viewed varied from the one to be signed as there were a number of clean up changes made. Commissioner Ryan commented on her support for the initiative. She believed it would take 28- 40 years to finish the ECO trail without the bonding. There were several soft trails in the county that could benefit. She believed there was something in it for everyone and was excited about the possibilities. Commissioner Chandler-Henry echoed Commissioner Ryan's comments. The economic development aspect was good for the business community. This was a great initiative Rich Carroll thanked OSAC and Toby Sprunk. He supported the board's efforts and appreciated their efforts and diligence. Joanne Rock supported the Open Space tax but the discussions about certain properties changing hands with another government entity seemed like collusion. Chairman McQueeney suggested that Mr. Sprunk follow-up Ms. Rock following the meeting. 3 08/30/2016 Commissioner Chandler-Henry moved to approve the Resolution Providing for the Submission to the Registered and Qualified Electors of Eagle County,Colorado,a Question of Whether the County Shall be Authorized to Issue Bonds or Other Financial Obligations for the Purpose of Financing the Completion of Critical Sections of the Eagle County Trail System; and in Connection Therewith to Authorize Using a Portion of the Existing Open Space Tax Revenue for Repayment of the Same; and in Further Connection Therewith to Extend the Expiration Date of the Open Space Tax for an Additional Period of Fifteen(15) Years; Said Question to be Submitted at the Election to be Held November 8, 2016; Prescribing the Form of Ballot Question for Submission at Said Election,and Providing for Certification of the Election Question to the County Clerk and Recorder. Commissioner Ryan seconded the motion. The vote was declared unanimous. Planning File 12. SE-5939 Fish Camp Subdivision Exemption Kris Valdez,Planning Ty Ryan, Engineering KCKC Fish Camp,LLC, Applicant Greg Perkins, Ware,Travers,Perkins, LLC,Representative Action: This subdivision exemption is to create one(1) legal lot of record.Even though,Highway 131 bisects the property,this does not create two(2) lots.The Applicant has applied for a CDOT Access Permit to allow for one, single family home on west side of the property. Location: Fish Camp Parcel Subdivision Exemption 18503 Highway 131 FILE NO./PROCESS: SE-5939, Subdivision Exemption PROJECT NAME: Fish Camp Parcel LOCATION: HWY 131 OWNER: KCKC Fish Camp, LLC APPLICANT: KCKC Fish Camp, LLC REPRESENTATIVE: Greg Perkins, Esq. -Ware,Travers,Perkins, LLC STAFF PLANNER: Kris Valdez,MURP,AICP STAFF ENGINEER: Ty Ryan,PE STAFF RECOMMENDATION: Approval I. EXECUTIVE SUMMARY: This subdivision exemption is to create one(1)legal lot of record. Even though,HWY 131 bisects the property,this does not create two(2) lots.The Applicant has applied for a CDOT Access Permit to allow for one, single family home on west side of the property. The property was originally subdivided in 1974 after the County adopted subdivision regulations.No record can be found showing the County approved the subdivision of this parcel.The County also has no record of a building permit for the site. However,the State Division of Water Resources issued a well permit for the property either in error or the State believed it was a legally created parcel. The original house was demolished and since it is an illegal,non-conforming lot,another building permit cannot be issued until the subdivision exemption is approved. 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, any future residences or other structures permitted 4 08/30/2016 and constructed will be required to meet Eagle County Land Use Regulations Standards unless a variance is obtained. II. SITE DATA: Surrounding Land Uses/Zoning—Parcel: North: Bureau of Land Management(BLM)/Resource Preservation South: Two Bridges Boat Launch/Resource and Public Lands/ State Land Board East: Private Residence/Resource West: Private Residence/Resource Existing Zoning: Resource Total Area: 17.89 acres Water/Sewer: Individual wells and sewage disposal systems. Access: HWY 131 III. STAFF FINDINGS: Pursuant to Eagle County Land Use Regulations, Section 5-270.B.1, Subdivision Exemption: a. Survey. A certified survey of the parcel, including legal description which meets the minimum requirements of a Land Survey Plat pursuant to 38-51-106 C.R.S. Additionally, all record and apparent rights-of-way and easements shall be indicated on the plat. Monumentation shall be shown pursuant to 38- 51-108 C.R.S. Further, a computer printout, in text format, of Parcel Summaries shall be provided, including lot closure analyses, block closure analyses, and other appurtenant information. (am 05/08/12) The Applicant has provided a plat that meets these requirements which has been reviewed for compliance by staff. b. Access. Demonstration that the proposed exemption has legal and physical access to a public street or right-of-way by conventional vehicle. Staff is working with the applicant to amend the Access Permit application following the change in ownership in order to obtain a CDOT Access Permit, and they have demonstrated that all driveway standards can be met for a future residence. c. Water Supply. Demonstration that the land proposed for exemption will be provided a legal, physical, adequate and dependable potable water supply. There is an existing well permit issued by the Division of Water Resources, however,with this Subdivision Exemption,the well permit will be updated to show a legal lot of record. d. Wastewater Disposal. Demonstration that the land proposed for exemption will be provided a wastewater disposal system, or other lawful means of disposing of human wastes that complies with all applicable public health laws. The Applicant has demonstrated that there is ample room in which to accommodate a wastewater disposal system on the 17.89 acre property. e. Hazards. Satisfactory evidence demonstrating that the exemption will not create hazards and the lot will contain a safe, adequate building site. The plat shows a building area which is setback 75 feet from the high-water mark of the Colorado River and 50 feet from HWY 131.The side setback on the plat is listed as 12.5 feet from property lines. 5 08/30/2016 DISCUSSION: Commissioner Ryan stated that she would be recusing herself because she was married to the county engineer on the file. Ms.Valdez presented the request. The applicant was requesting a subdivision exemption. Approval would legalize one pre-existing parcel that was created in 1974. The property was located on about 16 miles north of Wolcott on Hwy 131. The request was to create two lots. The property was originally subdivided in 1974 after the county adopted subdivision regulations. No record could be found that the county approved the subdivision of the parcel and there was no record of a building permit for the site. The original house was demolished in 2013 along with all the out buildings. Since it was an illegal non-conforming lot another building permit could not be issued until the lot was made legal. The subdivision was a preexisting lot and therefore qualified to seek a subdivision exemption however it must meet certain standards. The board must also find that the subdivision had adequate access,potable water, sewage would be established,that the exemption would not create a hazard and contained a safe and adequate building site. Staff recommended approval of the file. Gregg Perkins an Attorney for the applicant spoke. He stated that the property had been used as a residence before and that made the request consistent with the historic use of the property. Brenda Worly spoke. She was a neighbor. She understood the zoning to be federal, state or zoned resource.The property was 17 acres and didn't qualify for a single family home. The application seemed inconsistent. She believed there was no legal driveway to the property. The house that was demolished was not permitted and never legal. The water supply for a subdivision had not been approved. Ultimately she did not believe the request met the zoning requirements and believed it was important to uphold the zoning and land use of Eagle County. Ms. Valdez clarified that the request was for the creation of one lot and would only allow for one single family home. Taylor Ryan stated that during review the plat was amended and adjusted to clearly state that this was one property. Per state law every property was granted at least one access but location and design was up for discussion. In this case,the proposed driveway design met the access standards. The existing permit access application for CDOT needed to be updated to reflect the new ownership. He believed there was no reason not to move forward. Ms.Valdez stated that the property closed with the new owner mid-July. Chairman McQueeney asked about the well water. Ms.Valdez stated that a well permit was granted in 1974. Whether that was done in error she did not know. The well permit could not be finalized until the subdivision exemption process had been finalized. She believed that it was likely the well permit would get approved if the subdivision exemption went through. Chairman McQueeney wondered if a condition of approval was needed. Ms.Valdez stated a conditioned plat had never been done. Ms.Ayres-Oliver stated that the approval was based on having adequate water. Commissioner Chandler-Henry stated that because the lot was smaller the applicant had to go through the building permit process and provide evidence of access and enough water to build a home. Ms.Valdez stated that this was correct. Joanne Rock asked if an approval would allow for an accessory dwelling unit and if so, how many. She wondered how many parcels could be subject to a similar approval. Chairman McQueeney stated that the question before the board today was simply a subdivision exemption. There would be a building permit application and special use permit in the future. Ms. Ayres-Oliver clarified that in the board's decision needed to be based on the findings in the Land Use Regulations in Article 5-280. Chairman McQueeney opened and closed public comment, as there was none. Commissioner Chandler-Henry believed that staff had shown that the request met the findings and was a historical use. She was comfortable with the exemption and noted that the 75 ft. set back from the river had been met. 6 08/30/2016 . Chairman McQueeney agreed with Commissioner Chandler-Henry and it helped to legalize things moving forward. Commissioner Chandler-Henry moved that the Eagle County Board of Commissioners approve this Subdivision Exemption, Eagle County File No. SE-5939,Fish Camp Parcel and authorizing the Chair to sign the plat. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Cordillera Appeal Continuation Appeal of Planning Director's Interpretation that the Proposed Use of the Lodge and Village Center Parcels Represent a Use-By-Right in Cordillera PUD Mr.Narracci stated that that the Cordillera legal counsel wished to table the discussion to Sept.20, 2016 at 4 pm. Commissioner Chandler-Henry moved to continue the Cordillera Appeal of the Planning Director's interpretation that the proposed use of the Lodge and Village Center parcels represent a use by right and the Cordillera PUD to September 20, 2016 from 4:00 pm to 7:00 pm. Commissioner Ryan seconded the motion.The vote was declared unanimous. 04 1+6,4,0 There being no further business befor.t :} ,. eeting was adjourned until September 6, 2016. Y o Attest: ,lk.t1 v t �tOrr�o� �/'� Clerk to the Board C ai `an � -CA 7 08/30/2016