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HomeMy WebLinkAboutMinutes 09/10/19 • PUBLIC HEARING September 10, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Brian Treu County Attorney Kathy Parker 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 Commissioner Chandler-Henry thanked everyone who attended the Eagle River Watershed Council River Cleanup on Saturday. This was the 25th year. Those interested in water and the future of water quality could visit the website, ERWC.org, and be part of the community water plan group. Commissioner Scherr stated the Housing Department would be hosting a few more homebuyer classes. The next two were September 19th in Avon and September 25th in Vail. Chairman McQueeney highlighted that three county commissioners attended a Unity BBQ in Red Cliff this past Sunday. She also reminded everyone that next week there would be a parade celebrating mental health. County Manager Updates Jeff Shroll stated that tomorrow there would be an ice cream social held at the June Community Park in El Jebel. He encouraged everyone to consider the flight options at flyvail.com. The Eagle Air Alliance was working on some great new opportunities. Constituent Input Chairman McQueeney opened and closed constituent input, as there was none. Business Items 1. Approval of Early Head Start Grant Application and Supporting Documents Michelle Dibos, Human Services Executive Summary: Human Services is seeking approval from the BoCC for the submission of the Early Head Start Grant Application for the 2020-2024 grant cycles and supporting documents. Early Head Start provides child care and home visitation services to at-risk families and children 0-3 years old. Chairman McQueeney stated that this was the last step in the grant approval. Commissioner Chandler-Henry stated that the program served kids both in home-based care and center- based care on both sides of the valley. The county helped subsidize pay for teachers of the programs. 1 09/10/2019 Commissioner Chandler Henry moved to approve the Early Head Start Grant Application and Supporting Documents. Commissioner Scherr seconded the motion. The vote was declared unanimous. 2. Agreement for Partial Release of Railroad Right of Way Beth Oliver,Attorney's Office Executive Summary: County staff has been working with the Town of Eagle for permitting and approvals of a new waterline to be constructed from the new water treatment plant into town. The waterline will be crossing the County's Confluence Park Open Space parcel at the confluence of Brush Creek and the Eagle River.To accomplish the work,the Town requested that the County grant easements for construction and operation of the water line. These two documents have already been approved by the BOCC at prior meetings. In the process of doing the title work for the various easements and in discussions with Union Pacific Railroad, it became apparent that certain portions of Violet Lane were within the UP Railroad easement/property. UP has requested that the parties clean up any ownership issues with Violet Lane in conjunction with the Town's water line project. The purpose of the attached agreements is to remove the Union Pacific Railroad right of way from certain property dedicated to the County in 1983 by virtue of the Final Plat for Powell Park. The property was dedicated to the County for use as right of way for Violet Lane. Removal of the UP right of way/easement from the property will ensure this section of the right of way for Violet Lane is outside UP Railroad easements and property. As set forth in the Agreement, the Town of Eagle is responsible for and has agreed to pay all costs associated with the closing of this property as well as several other properties along Violet Lane. Taylor Ryan stated that the three business items before the board between Eagle County, Town of Eagle, and the Railroad clean up the property ownership, usage and rights for Violet Lane. The agreements were necessary for the completion of the Town of Eagle's water line project. Commissioner Scherr moved to approve the Agreement for Partial Release of Railroad Right of Way. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Partial Release of Railroad Right of Way Beth Oliver, Attorney's Office Commissioner Scherr moved to approve the Partial Release of Railroad Right of Way. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4. Assignment and Assumption Agreement Beth Oliver, Attorney's Office Commissioner Scherr moved to approve the Assignment and Assumption Agreement. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Housing and Development Authority. Commissioner Scherr seconded the motion. The vote was declared unanimous. 2 09/10/2019 Eagle County Housing and Development Authority 1. Agreement for Services between Lake Creek Village LLC and Waste Management of Colorado, Inc. Daniel Murray, Housing Executive Summary: A few years ago we entered into an agreement with Vail Honeywagon as they had great rates and were a local company. We enjoyed working with them until the past year or so. The company was sold to Waste Connections and the rates have increased drastically. In addition, we had a compactor issue this spring which was handled very poorly and cost Lake Creek Village a lot of money during the repairs. Waste Management has a local presence still and has offered Lake Creek Village great rates. We have worked with them in the past and believe this will be a fruitful relationship. Mr.Murray stated that they were switching waste management companies. The switch in companies would save money. The plan was to build a new structure,to educate the residents about the different receptacles, and to improve the recycling process. Commissioner Chandler-Henry moved to approve the agreement for services between Lake Creek Village LLC and Waste Management of Colorado, Inc. Commissioner Scherr seconded the motion. The vote was declared unanimous. Commissioner Scherr moved to adjourn as the Eagle County Housing Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Planning Files — Eagle County Room 1. Special Use Permit-Mosher Lane Accessory Dwelling Unit-ZS-9013-2 Morgan Landers,Planner Executive Summary: The Applicant is requesting approval to designate an existing 1,578 square foot single family residence as an Accessory Dwelling Unit(ADU)to allow for the construction of an additional new single family residence on the property. The subject property is a 10 acre parcel of land in the Resources(R)Zone District. Ms. Landers presented the request. The lot was a legal non-conforming lot in the resource zone district which was why the application was before the board. The current unit was accessed off of Mosher Lane, and the new dwelling unit would be accessed off of Cedar Lane which was a private driveway. She presented an orientation map and aerial photo of the property. The applicant was also requesting a variance to the driveway standards. With the acceptance of the requested road variance and approval of the driveway design by the fire district, staff believed the appropriate stands of Article 4, Site Development Standards, could be met. Staff found that the proposal as presented was in conformance with the standards with the exception of one proposed condition and the variation request. The application was consistent with the comprehensive plan and compatible with surrounding uses. Commissioner Chandler-Henry wondered why the unit was considered an Accessory Dwelling Unit(ADU) and not just a second home on a ten-acre property. Ms. Landers stated that the way the land use regulations were written was that there was a primary use and secondary use on the property. None of the zone districts allowed for more than one primary unit to be located on a lot. With ADUs there were size requirements and parking requirements unless the properties were to be subdivided. Commissioner Chandler-Henry asked about the engineering referral comments. Ms. Landers stated that there was not a second referral because there were no actual revisions to the application based on the referral comments because the applicant elected to do the variation request. Jena Skinner with JS Designs stated that application was fairly straight forward. She spoke about the promotion of ADUs internationally. She encouraged the county look at promoting this form of affordable housing. The current process was fairly onerous, and she believed it could be made easier. 3 09/10/2019 Chairman McQueeney opened and closed public comment, as there was none. Commissioner Chandler Henry moved to approve File No. ZS-9013 to the Eagle County Board of County Commissioners, incorporating staff's findings and recommended conditions, because this application, as conditioned, meets the standards for approval of a Special Use Permit. Commissioner Scherr seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room 1. Road Impact Fee Study There being no further business be =• .rd,the meeting was adjourned until September 17, 2019. y``P� r Attest: [` Y� k.)6 L.Kin ` ii ) "s6), Clerk to the Board irman 4 09/10/2019