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HomeMy WebLinkAboutMinutes 11/19/19 PUBLIC HEARING November 19, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Kelley Collier Deputy County Manager Brian 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: Commissioner Updates Commissioner Chandler-Henry spoke about a couple upcoming events. In Basalt there would be a meeting about aquatic nuisance species from the Bureau of Reclamation at 5:30 p.m. at the Basalt River Center this evening. And on Wednesday there was a presentation on cloud seeding and the effects on the water table from 6:00 to 7:30 p.m. at Load Joes in Avon. Commissioner Scherr stated that the Eagle County Climate Action Collaborative would be presenting an update at Colorado Mountain College in Edwards from 5:30 to 7:30 p.m. on Wednesday. He wished everyone a Happy Thanksgiving and spoke about an article in the Vail Daily about food waste and great ways to address it through composting. Chairman McQueeney spoke about the upcoming commissioner schedule. She reminded everyone about Roaring Fork Fridays and that she would be there this upcoming Friday. The program had been working well, and the feedback had been fabulous. County Manager Updates Mr. Shroll stated that Kelly Collier,Deputy County Manager would also be attending Roaring Fork Fridays. He reminded everyone that the county offices would be closed next Thursday and Friday for Thanksgiving with the exception of emergency personnel should it snow. Consent Agenda 1. Encroachment Easement Agreement Between Eagle County and Whiskey Hill Condominium Association Kelly Miller, Engineering 2. Approval of the Minutes for the Board of County Commissioner Meetings for September 17, September 24, and October 8,2019 Kathy Scriver, Clerk&Recorder's Office 3. 2020 County Merit System Certification Jose Velasco,Human Services 1 11/19/2019 4. October 2019 Payment Report Jill Klosterman,Finance Commissioner Scherr moved to approve the Consent Agenda for November 19,2019, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Constituent Input Chairman McQueeney opened and closed constituent input, as there was none. Business Items 1. Resolution 2019-084 Proclaiming December 10, 2019 as Colorado Gives Day in Eagle County Rhea Silverkorn,Administration Executive Summary: Charitable giving in Eagle County is critical to providing support that local nonprofit organizations need to make our community a desirable place to live. Community First Foundation and FirstBank have partnered in an effort to increase charitable giving in our community through the online giving initiative Colorado Gives Day. Colorado Gives Day in 2018 raised$35.1 million in a single 24-hour period via online donations, $1.1 million to Eagle County nonprofits, at eaglecogives.org,a website allowing donors to direct their contributions to one or more of the forty-eight(48)local,Eagle County, charities featured on the site,making it an ideal resource for facilitating charitable giving to our locally-based nonprofit organizations. Colorado Gives Day is December 10th this year,and all citizens are encouraged to participate because all donations, large or small, can make a difference to nonprofits in need. Cookie Murphy-Pettee,board member for Mountain Valley Horse Rescue spoke about the collaboration and efforts to raise awareness of the non-profit sector. Holly Casper, chief operating manager at Bright Future Foundation expressed her appreciation for the board's support. She believed it was a great way to engage the local community. Coleen Gray, executive director for the Literacy Project thanked the board for supporting the initiative. Ernest Saeger, executive director for the Vail Valley Mountain Trails Alliance stated that this was their first year being a part of the group. He believed the collaboration was amazing. Vicki Flynn, development director with Cycle Effect spoke. She thanked the board for their support and belief in Colorado Gives Day. It was a big day for the non-profit community. Taylre Derby, development manager with Round Up River Ranch thanked the board for their support. Ms. Cookie-Murphy added that last year over a million dollars were raised and since 2010 almost six million dollars. Commissioner Chandler-Henry moved to approve the Resolution Proclaiming December 10,2019 as Colorado Gives Day in Eagle County. Commissioner Scherr seconded the motion. The vote was declared unanimous. 2. Resolution 2019-085 Amending the Annual Appointments for the Mental Health Advisory Council Kim Goodrich,Mental Health Coordinator/Public Health and Environment Executive Summary: Due to Michael Holton stepping down and creating the need for another representative from the large medical providers as established in Resolution 2019-062 amending Section 2,Paragraph A.1 of 2 11/19/2019 Resolution 2018-007 concerning the Mental Health Advisory Committee;this resolution asks for an amendment to the annual appointments stating that Ada Borg,Chief Operating Officer of Colorado Mountain Medical be appointed to Eagle County's Mental Health Advisory Committee to fulfill a term of three years commencing on June 1,2018 and ending on June 1,2021. Kim Goodrich,mental health coordinator with Eagle County Public Health and Environment spoke about the efforts of the committee,the appointment and the funding projections for the upcoming year. Ada Borg stated that she was honored to be a member of the board and hoped to serve the community well. Commissioner Scherr moved to approve the Amended Annual Appointments Resolution for the Mental Health Advisory Council. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Resolution 2019-086 Approval of the 4th Supplemental Budget 2019 Jill Klosterman,Finance Executive Summary: BoCC will be reviewing the 4th Supplemental request on November 12th,2019 during the Manager update. Public Notice will be completed on November 4th,2019 and the request for these additional Appropriations will be made in the November 19th,2019 public meeting Jill Klosterman, director of Finance reviewed the new expenses and highlighted some of the requests. Commissioner Scherr moved to approve the 4th Supplemental Budget 2019. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4. Resolution 2019-087 Supporting County Regulation of the Mid-Continent Quarry, aka the Transfer Mine Trail Rhea Silverkorn,Administration Executive Summary: Rocky Mountain Resources("RMR")owns a small limestone mine known as the Mid- Continent Quarry, aka the Transfer Trail Mine, overlooking the City of Glenwood Springs in Garfield County, Colorado. RMR is seeking to expand mining operations without the requisite approvals by Garfield County. The proposed expansion could have negative impacts in Garfield County. The Garfield County Board of County Commissioners has issued a Notice of Violation concluding that RMR is not operating the Mine in compliance with the applicable regulations and Special Use Permit,RMR is claiming the County does not have authority to enforce the regulations and special use permit. The claim by RMR that it is not subject to County regulations could have a negative impact throughout Colorado and limit the ability of all counties to protect residents from harmful environmental impacts of the extraction industry. The Board of County Commissioners officially declares its support of Garfield County's local control of mining operations and opposes the Mine expansion without the requisite approval of Garfield County through a noticed hearing process where the impacts of the proposed expansion can be publicly vetted and addressed. Chairman McQueeney stated that the resolution followed a presentation last week from the City of Glenwood Springs. Commissioner Chandler-Henry moved to approve the Resolution Supporting County Regulation of the Mid-Continent Quarry, aka the Transfer Mine Trail. Commissioner Scherr seconded the motion. The vote was declared unanimous. 3 11/19/2019 Commissioner Scherr moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 1. Approval of 4th Supplemental to the 2019 Eagle County Housing and Development Authority Budget Jill Klosterman,Finance Executive Summary: This is the approval of the 4th supplemental to the 2019 approved budget for Riverview Apartments and Seniors on Broadway apartments. Ms. Klosterman stated that there were some capital items that didn't get included to cover new software, roof repairs, and carpet replacement. The monies come from the rents received. Commissioner Chandler-Henry moved to approve the 4th Supplemental to the 2019 Eagle County Housing and Development Authority Budget. 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. Site Tour - Two10 Castle Peak 1. Castle Peak Two10 Construction Progress Tour to view the construction progress of Two10 at Castle Peak, a 22 unit apartment building. Two10 at Castle Peak is scheduled to be open for occupancy in June of 2020. Work Session - El Jebel Community Center, Sopris Room 1. Roaring Fork Conservancy Updates Maureen Mulcahy,Public Health&Environment Executive Summary: Heather Lewin,Director of Science and Policy, and Megan Dean,Director of Education, will provide an update on the Roaring Fork Conservancy 2019 projects and initiatives in Eagle County including targeted water quality work, education programs, Lake Christine Fire work, and the Roaring Fork Watershed Plan Update. Planning Files - El Jebel Community Center, Sopris Room 1. SMB-6819 Gabossi Subdivision Lot 5 Kris Valdez,Community Development 4 11/19/2019 Executive Summary: The intent of this Minor Type B Subdivision is to subdivide an approximately 4.05-acre lot, known as Lot 5 of the Gabossi Subdivision. This subdivision would create two separate lots, with each lot approximately two(2)acres. One lot currently has the applicant's single-family home and the newly created lot would allow for the construction of another single-family home. The property is zoned Rural Residential,which allows for a minimum of two(2)acre lots. Based on Eagle County Land Use Regulations Section 5-290.G.2— Standards for Type B Subdivision, staff recommends approval. Kris Valdez stated that the request was to subdivide an existing four(4)acre parcel. The one lot had an existing single family home on it. The applicant's desire was to have a second lot in which to sell for the construction of another single family home. The property was zoned rural residential. She reviewed the approval standards for a subdivision. The proposal was in conformance with Final Plat requirements. Staff was recommending approval of the file as the proposal met the standards. Staff had received public comment with concerns about traffic, access, and covenants on the property,however, convents were not reviewed as part of county standards and were a civil matter. Christy Zigurs,the property owner, introduced her husband Butch Zigurs. She read a letter aloud explaining their desire to subdivide their property. The main reason was due to finances and a desire to retire and help their children purchase homes. They were aware of some of their neighbors' concerns. However,they believed that subdividing the property would not compromise anyone else's privacy. Chairman McQueeney asked if there was an access standard that the board was required to consider. Nicole Mosby, staff engineer, stated that a minor subdivision access was defined as legal and public access to the public street or right-of-way by conventional vehicle. There was a 50 ft. right-of-way, so there was legal access. Staff had no concerns with narrowness. The file was reviewed by the Roaring Fork Fire Department,and it had no concerns. Commissioner Chandler-Henry asked if traffic and increased vehicle trips were reviewed as part of the access. Ms. Mosby stated that it was not and the classification of the road was an internal rural residential road which could serve up to 250 trips per day. Based on the Institute of Traffic Engineering manual,the road contained six residences which equated to approximately 57 trips. The additional house may increase it to 67 trips,well below the threshold. Chairman McQueeney reminded everyone in the audience before opening up to public comment that the board had a very narrow scope of what the board could consider for approval. The board would not insert themselves into what would be a civil matter about HOA agreements or issues of that nature. Chairman McQueeney opened public comment. Kim Bock spoke. She lived directly across the street from the Zigur property. She wondered about the septic requirements. She wondered if each lot had to have its own septic installed. Given the lay of the land, she was concerned with a new septic system fitting on the property. She also expressed concern with traffic,traffic speed,and dust. Their door was only 32 ft. from the road. She asked that the board to deny the file. John Putnam stated that he wasn't necessarily opposed to the subdivision,but he was concerned that the approval would set precedence in their subdivision. The building envelopes were small, and if the other homeowners were permitted to subdivide, it would impact him and everyone in the subdivision. Bruce Sandersen expressed concern about traffic dust,water usage, and water rights. He recently purchased his property because of the rural nature of the area. Bruce Stolbach of 304 Arlian Road stated that he had met with Mr. Zigurs recently. He asked about the building envelope location and what the setback from the road was. Chairman McQueeney reiterated that the hearing was sirhply to subdivide the property. Ms.Valdez stated that there was a building envelope proposed on the property,but the proposal was not open to the public for interpretation or review. The plat was on the county website. Ms. Mosby stated that the applicant was required to submit a report demonstrating the location of the septic system,well,and leach field. It was a constrained site but there was room for a 1200 square foot house(footprint). Mr. Stolback asked if there would be screening or landscaping. Ms.Valdez stated that there was a 25ft. set back from the road. The side and rear setbacks were 12.5 ft. or half the height of the tallest building. The tallest building allowed on the lot was 35 feet. 5 11/19/2019 Mr. Sanderson stated that he had a pond on the property and was concerned about the new septic system. Butch Zigurs stated that he helped build Mr. Sanderson's home and believed his septic was closer than where the new septic system would be. It shouldn't have been a concern. Ms. Zigurs spoke about speeding and dust concerns and believed the traffic was minimal. As far as the rural feel of the property, she felt it had been taken away by the neighbor's Airbnb. Chairman McQueeney closed public comment. Chairman McQueeney asked who reviewed the septic and water. Ms. Mosby stated that All Septic Service was the engineer that designed it and reviewed it. There was a 50 ft. setback from the ditch water. Chairman McQueeney asked about water rights. Ms.Valdez stated that there was an approved well permit from the Division of Water Resources for the new lot. The irrigation ditch would not be impacted. Commissioner Chandler-Henry asked about dust mitigation. Ms. Mosby stated that there were requirements at the time of a building permit. Commissioner Scherr clarified that the county was not the only authority. This subdivision had a HOA. If the association had any other interest in this movement, it would be up to the HOA to take a course of action. Holy Strablizky, Assistant County Attorney, agreed with Commissioner Scherr's comments about private covenants and governmental land use regulations as they were independent of one another. Zoning was a police power and that was what the county could do. With regards to the HOA,they were private agreements, and enforcement of those private agreements would have to go through the District Courts that served the county. Commissioner Chandler-Henry believed it was unfortunate that there were tensions within the community. There were only three standards to consider and two applied. She believed that the applicant had met both of the standards and concurred with the staff recommendation and was prepared to vote yes on the file. Commissioner Scherr concurred with Commissioner Chandler-Henry comments. Chairman McQueeney believed the application met the standards and agreed with staff's findings. Commissioner Scherr moved to approve Eagle County File No. SMB-6819, a Minor B Subdivision for Lot 5 of the Gabossi Subdivision, authorizing the Chair to sign the plat as presented,based upon staff's reported findings and recommendations. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. `aF EAG�F y�PN There being no further business b • the meeting s adjourned until Dec e ber 10,2019. 9 I Attest: i �/ l% iJ ��Oaaoo (/�� /�'1 /fr er o the Board Chai j.n 6 11/19/2019