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HomeMy WebLinkAboutMinutes 04/16/19 PUBLIC HEARING April 16, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Kelley Collier Deputy County Manager Bryan Treu County Attorney Holly Strablizky 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: Chairman McQueeney stated that Commissioner Chandler-Henry would not be present for the morning session as she was representing the county commissioners on River District work in Glenwood Springs. Commissioner Updates Commissioner Scherr spoke about the incredible ski season and the extended seasonal closures to trails. He asked everyone to respect the trail closures. Chairman McQueeney spoke about the Early Head Start Policy Council meeting she attended earlier this week. She complimented the parents of kids in the program who volunteered to be on the Policy Council and meet every month. She thanked Commissioner Scherr for attending the meeting as well. She also mentioned the affordable housing bills that Counties&Commissioners Acting Together(CCAT)was lobbing for. The package of bills would help with the affordable housing crunch. County Manager Updates Jeff Shroll stated that the ECO summer schedule was available. The low energy assistance program deadline was April 30`h Tonight at the Gypsum Town Hall was a new homebuyer's assistance seminar. Consent Agenda 1. Holy Cross Energy Underground Right-Of-Way Easement Andy Solsvig, Airport Commissioner Scherr moved to approve the Consent Agenda for April 16, 2019, as presented. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 1 04/16/2019 Constituent Input Chairman McQueeney opened constituent input. Joanne Rock stated that there was a seminar at CMC related to sustainability. She spoke about the amount of plastic used every day. Only 3.1 million tons were recycled. She also spoke about trust and ethics of persons in authority. She highlighted a couple pieces from a book she was reading related to pharmaceutical companies and the high cost of healthcare. She also stated that she was a member of the Citizens Oversight Committee. She went to two meetings and resigned. Chairman McQueeney closed constituent input. Business Items 1. Resolution Concerning Annual Property Tax Write Off Anissa Berge,Treasurer's Office Executive Summary: Each year there are certain property tax accounts that are deemed uncollectible for various valid reasons. This resolution provides an authorized mechanism for our office to write off these taxes. Chairman McQueehey stated that the Treasurer requested that this item be tabled. There were a couple of adjustments needing to be made. Commissioner Scherr moved to table the resolution concerning annual property tax write off. Chairman McQueeney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 2. Resolution 2019-022 Concerning the Use of the Eagle County Fairgrounds by Commercial Rafting Operations Executive Summary: This Resolution will supersede Resolution 93-58, which set forth a template to be used for seasonal agreements with rafting and fishing company operators for the use of the river access at the Eagle County Fairgrounds. The updated resolution will provide flexibility in making any necessary adjustments to the agreement year to year, subject to review by the County Attorney's Office. Kathy Parker, Assistant County Attorney stated that the new resolution would replace the old resolution and would simply provide some flexibility. Commissioner Scherr moved to approve the resolution concerning the use of the Eagle County Fairgrounds by Commercial Rafting Operations. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Site Visit 1. Site Tour of SE-7792 El Jebel School Site 2 04/16/2019 Planning Files 1. SE-9003 McCauley-Williams Subdivision Exemption Morgan Beryl, Community Development/Planning Executive Summary: The applicants are requesting approval of an Exemption Plat to create two legal parcels located on Lava Drive in El Jebel. The parcels were created illegally in 1975, after Eagle County adopted zoning regulations. All standards being found positive, staff is recommending approval of this Exemption Plat. Morgan Beryl, Community Development Director, presented the file. She explained that the residence was destroyed by the Lake Christine fire and when the homeowners applied for a permit to rebuild they found that their lot was illegally subdivided. The project fell under the exemption regulations, and based on the standards, staff recommended approval. Chairman McQueeney opened public comment. Jocelyn Terry, a fifteen year friend of the McCauley's, expressed her support for the project. Chairman McQueeney closed public comment. Commissioner Scherr moved to approve file no. SE-009003-2019, an exemption to subdivision regulations creating the McCauley-Williams Parcels, authorizing the Chair to sign the plat as presented based on staff's analysis, findings, and recommendation. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 2. SE-7792 El Jebel School Site This was a preexisting lot Morgan Beryl, Community Development/Planning Executive Summary: The Roaring Fork School District(RFSD) is requesting approval of an Exemption Plat to create an 8.6 acre parcel located on JW Drive in El Jebel. The resulting El Jebel School Site Parcel would be joined with an adjacent property owned by the School District in the Blue Lake Subdivision to accommodate a future elementary or middle school in the El Jebel area. This file pertains to the creation of the proposed parcel and not to the specifics of a future school. Thus, only standards associated with the subdivision exemption are considered at this time. All standards being found positive, staff is recommending approval of this Exemption Plat. Holly Strablizky, Assistant County Attorney, provided an overview explaining that the consideration was for the division of the land and determining whether the application was within the purpose of the subdivision regulations. The regulations had certain criteria to be eligible for exemption from the regulations and power of condemnation was one of those criteria. Condemnation meant that a governmental agency may need to fulfill its public purpose. The School District was a governmental agency and they were filling the educational needs for the Roaring Fork Valley,thus,the School District had the ability to acquire the property, establish a fair market value, and compensate the property owner. The power of condemnation contained a protracted process through the court system and what was being done here would alleviate that protracted process. The School District was not required to go through the subdivision exemption process but had chosen to do so to allow for community input. Morgan Beryl, Eagle County Community Development Director,presented the request. She explained that there were only certain standards being considered at this time: access,water supply,wastewater disposal, hazards, and whether the site was a safe building site. Staff determined that all the findings were positive and recommended approval. Doug Pratt, Planner with the Land Studio, introduced Shannon Pelland, Assistant Superintendent and Jeff Gatlin, Chief Operating Officer with the Roaring Fork School'District,Robert Hubbell and Prentice Hubbell both with Crawford Properties,LLC, and owners of the property where the exemption was taking place. Chad Lee, Balcomb and Green,PC, spoke on beh‘lfofthe applicant. The School District had certain obligations to notify the county and participate in public outreach. They notified folks of the potential benefits. The current process would create the parcel and confirm that it was within the county's exemption process. The 3 04/16/2019 actual site plan would be reviewed in a public process. There would also be a design outreach within the neighborhood. Mr. Pratt presented a conceptual site plan. The diagram demonstrated the program areas needed for a school site. Commissioner Scherr asked about the bonding process. Mr. Pratt explained that prior to the November 2015 bond issue,the Facilities Master Plan assessed what the needs were. The advisory group determined there was a need, and by the 2015 election,there was documentation online about the election and the needs being met with this site. In 1984 the Blue Lake PUD established the 7-acre site that the property adjoined.Mr. Pratt stated that the School District had an assessment that went into establishing school sites. This site was located within a neighborhood so children could walk to school and there was the potential for neighborhood paths. Chairman McQueeney opened public comment. Robert Hubbell with Crawford Properties stated that they were in favor of the lot line adjustment and he believed it conformed to the Future Land Use map of Eagle County along with the El Jebel Sub Area Plan for Basalt. Kurt Dahl of 18 Rabbit Road in Blue Lake spoke. He wondered about the process. As a resident of the area,he was not notified. He asked that he be notified of all future applications for this lot. Commissioner McQueeney closed public comment. Ms. Beryl responded. She stated that staff met the required standards in terms of public notice and the county strived for transparency. They would do a better job in the future. Ms. Strablizky clarified that the parcel was a 106-acre parcel and 8 acres were being subdivided out of it. There would be two separate lots and the zoning would remain as resource. The School District would determine how the site would be developed and the site development process would involve public outreach. Mr. Lee stated that there would be a future process. The technical notice requirements would be the same and there would be a lot of community outreach. Commissioner Chandler-Henry thanked everyone for being in attendance and for sharing their comments on the file. She commended the School District for going through the planning process rather than the condemnation of the property. She also thanked the Crawford's for their community mindedness. She concurred with the staff's recommendation and staff's findings. Commissioner Scherr also thanked the School District for making this a public process. Chairman McQueeney believed the proposal met the standards. She was prepared to vote yes. Commissioner Chandler-Henry moved to approve the file no. SE-7792, an exemption to subdivision regulations creating the El Jebel School Site Parcel, authorizing the Chair to sign the plat as presented based on staff's analysis, findings and recommendation. Commissioner Scherr seconded the motion. The vote was declared unanimous. OGLE There .-ing no further business befe • . : e meeting was adjourned until April 23, 2019. Atter # c, /14 ra--e-V le,; to the Board firman 4 04/16/2019