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HomeMy WebLinkAboutMinutes 11/17/2021 SPECIAL MEETING November 17, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner 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: Planning File - Sopris Room, El Jebel Building 1. ZS-9131-2021 -Ajax Sleepaway Special Use Permit Kris Valdez, Contract Planner, Community Development The purpose of this special use permit, file number ZS-9131-2021, is to allow the following: • Change structures used for sleeping areas from previously approved tipi structures to cabins and allow for 12 total cabins, not to exceed 48 overnight guests, including staff • Barn structure that includes o Commercial kitchen o Nurse's quarters o Restrooms compliant with Americans with Disabilities Act requirements o Storage area o Staff office • Allow for day campers, as well as sleepaway campers,during summer camp operating times • Outline allowances for"general summer camp activities"approved with the previous special use permit including o Rope courses o Zip line o Other activities outlined in Section 2.4 of the application • Keeping of animals such as chickens and sheep • Allow up to six workshops, or planned activities outside of summer camp operating times. The proposal for the workshops is to allow for up to six activities that can range from one day to one week in length,with activities ranging from picnics to week-long yoga retreats. • Define camp operating times as June 15 to August 15 and create non-camp operating season as June 15th through October 31 st Ms.Valdez reviewed the meeting process. The file had prior approval in 2018,but the camp expanded more than what was allowed for the permit. The purpose of the application was to memorialize all the uses since 2018 and revise the permit so that it would supersede the previous approval. Public comment had been open since May 18th and she had not received any public comment on the file. The property was located up the Frying Pan Road.The properties surrounding it were Forest Service and to the south,and it was zoned resource. The property was 40 acres, and the access was Brush Creek Road/Eagle Thomasville Road. Danny Hundert, owner and applicant spoke. He started camps in the area a dozen years ago. He reviewed the changes to structures, increased road usage, and requested additional workshops through October 31. He 1 • 11/17/2021 believed that this permit would clean up the previous permit and allow him to move forward and re-open camp. He presented a virtual site visit. Ms. Valdez stated that general summer camp activities were approved with the previous special use permit. She reviewed the standards and indicated that the application conformed with the Comprehensive Plan, the Area Plan and the Future Land Use Map(FLUM). A condition was added that limited the overnight guests to 48. There were no limits to day visitors. The design minimized adverse impacts. Condition 3 (three)was added to address the pick up and drop off area. There were no impacts to the environmental impacts with Condition 5 (five). There were no impacts on public facilities with the addition of Conditions 6, 7, and 8 (six, seven, and eight), Commissioner McQueeney asked about Condition 8 (eight). • Ms. Valdez stated that the condition was at the request of the Roaring Fork Fire Protection Authority to insure that they were in compliance with all of the red flag warnings. Commissioner Chandler-Henry asked about the cabins and whether they were already built. Mr. Hundert stated that the cabins were built underneath the tents. There were seven total. Staff recommended 12 so he could build more cabins in the future without returning. Chairman Scherr opened and closed public comment, as there was none. Commissioner Chandler-Henry believed this was a nice project and a good facility in a great location. Staff did a nice job of reviewing the eight standards on the special use permit. Mr. Hundert applauded staff for their help and directions. Commissioner McQueeney believed the application was clear, and the standards had been met with conditions. Chairman Scherr found that the applicant met the standards with conditions, and he was ready to move forward with an approval Commissioner Chandler-Henry moved to approve the special use permit for Ajax Sleepaway Special Use Permit, file number ZS-9131-2021 incorporating staff findings and conditions for approval because of the application. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Site Tour - Gypsum 1. Site Visit: Cross Creek Disc Golf,ZS-9144-2021 Michael Sylvester, Planning Executive Summary: This application is for a Special Use Permit to allow for the operation of a seasonal disc golf course between June 15th and October 31 st of each year, to be used daily by individual players and groups, in addition to hosting up to six tournaments a year. The disc golf course is located at 13117 Gypsum Creek Road and 13119 Gypsum Creek Road, and it currently has 18 holes,however, an expansion of nine additional holes is also proposed as a part of this Special Use Permit. Planning File - Eagle County Room 1. Planning File: Cross Creek Disc Golf,ZS-9144-2021 Michael Sylvester,Planning Executive Summary: This application is for a Special Use Permit to allow for the operation of a seasonal disc golf course between June 15th and October 31st of each year, to be used daily by individual players and groups, in addition to hosting up to six tournaments a year.The disc golf course is located at 13117 Gypsum Creek Road and 2 11/17/2021 13119 Gypsum Creek Road, and it currently has 18 holes,however, an expansion of nine additional holes is also proposed as a part of this Special Use Permit. Michael Sylvester opened the file. Taylor Ryan,Eagle County Staff Engineer, introduced himself. Tom Boni with Land Use Consultant introduced the applicant and landowners, Susan and David Scott. Susan Scott thanked the board for taking the time to visit the site. Their mission and vision for the property was to provide a safe environment at Cross Creek Ranch for their guests. Their family owned the ranch for 40 years, and it had been a place where their family congregated in the summer and winter months.The purpose of the permit was to allow for a seasonal disc golf course that could be used daily by individual players and groups. In addition, they'd like to host up to six tournaments a year. The application would allow for operations annually between June 15th and October 31st from 9 a.m. until 7 p.m. and the expansion of nine additional holes. Tom Boni stated that he and the applicant had been working diligently with staff on the application. He spoke about compliance with the Master Plan. The proposal had little environmental impact as a disc golf course. The proposal was in line with community values. There were no adjacent property owners that opposed the use. He believed the proposal was in balance with the environmental, social, and economic development. The property was creating an incredible experience while improving the landscaping and clearing the understory and creating views. There was still the issue with the culvert over Gypsum Creek Road. The applicant agreed to make any necessary repairs to insure the culvert was well maintained. The applicant was requesting a compromise with regards to the culvert and annual inspections and reduction in the road impact fees, in the $4,000 range. Ms. Scott believed it was important for the board to understand that the Scott family was proud to be citizens of Eagle County and thankful for all the help the county had provided. She elaborated on the time and expense involved in this process. She hoped the board would consider their character and desire to contribute to the community and believed it was a win-win for Eagle County. Michael Sylvester,Eagle County Staff Planner,provided some background information. The applicants contacted the county in 2016 and were told at the time that no land use approval was needed. Later the applicants were contacted by code enforcement in 2019 due to concerns about commercial use and tournaments. They were then told they would need to apply through a special use permit for the golf course use. The application was received March 2,2021 and reviewed per Section 5-210.D and 5-250. There was one 21-day referral period and a second 10-day referral period. Public comment had remained open since August 26,2021. Staff received 24 comments in support prior to the Eagle County Planning Commission hearing and one comment in support received prior to the board hearing. He reviewed the standards and indicated that the proposal met the standards with conditions. Mr. Ryan reviewed the site development standards and the variations requested by the applicant. Staff was agreeable to the parking surface and drainage because there were no structures and it was a seasonal operation. Staff also accepted the variation to access by emergency vehicles and vehicle pull outs due to low traffic volume, sight distance along the driveway, and daytime-seasonal operations which would allow for clear visibility. He reviewed the standard related to the culvert and staff was willing to accept the variation request with the addition of Condition 3 (three),requiring monitoring of the culvert for any changes and to have the culvert inspected by a professional engineer when signs of deterioration were identified or after five years or if the culvert was replaced, whichever occurred first. Once replacement or repairs were needed,the culvert would be designed to meet the ECLUR standards. Staff requested that an annual inspection and maintenance inspection log be maintained, and if deterioration were observed, an inspection by a professional engineer be performed and remediation be done within 60 days. The culvert had to be brought up to standard with repair/replacement per Condition 4 (four). Staff could not recommend approval for the variance without Condition 3 (three).As for the road impact fees,the fees calculated for the June 15th to October 31st operation were $3,594.The fees were based on a full opearton of about 10 vehicles per day for daily operations and 28 vehicles for each of the 6(six)tournaments. Staff had not found that Standard 7(seven)had been met because staff and the applicant had not come to an agreement. Mr. Sylvester reviewed the remaining standards and referral comments. Colorado Parks and Wildlife made recommendations related to bear-proof containers,discouraging landscaping with plants that attract wildlife, following Colorado Department of Wildlife's fencing recommendations,the leashing of dogs on the property,and 3 11/17/2021 seasonal closure for May 15th to June 15th due to elk caving. The Eagle County Planning Commission recommended approval with conditions. Commissioner McQueeney asked about the road impact fees. Mr. Ryan stated that the fees were based on full build out. Mr. Boni stated that the numbers were provided by the applicant,however,the applicant was requesting the fees be waived or reduced. Mr. Ryan believed the fees were appropriate. Commissioner Chandler-Henry asked if a lower number could be considered. Mr. Ryan stated that if the numbers increased it would create a violation. Staff anticipates this activity would grow. Bryan Treu, Eagle County Attorney, stated that the fees and formula could not be waived but the numbers could be modified. Mr. Boni reminded the board that the seasonality should be considered. Mr. Treu reminded everyone that the board did not have the ability to waive the fees under any circumstances. Blake Scott, applicant's son, stated that he was told by county staff that he didn't need a permit in 2016 when he initially had the idea. Then he was approached by county staff and handed a violation in 2019. At that time no road impact fees or permits were required. He expressed frustration for the process and asked that the county step up as leaders in the community and do the right thing. Chairman Scherr understood the frustration. He apologized if there was anything done inappropriately from county staff. Ms. Scott stated that the director that was no longer with the county asked her to sign a document so she couldn't be sued. Mr. Treu stated that it was important to focus on the uses. In Colorado, if a file met the standards of the land use regulations, a file was approved unconditionally. If a file did not meet them it was denied unless there were conditions to meet the standards. He believed that staff had been accommodating and the conditions were reasonable. The county had allowed the business to continue while legitimizing the use. This was a commercial use and impact fees could not be waived. Commissioner Chandler-Henry asked about the culvert and whether it could be done to a lower load standard. Mr. Ryan stated that Gypsum Fire Chief Justin Kirkland said that he was comfortable with the culvert if it could pass the 20,000 pound vehicle load. He believed that 5 (five)years was a reasonable time to move forward. Chairman Scherr stated that once the public started crossing the culvert it became the county's concern. Ms. Scott stated that they had no problems having the culvert inspected annually by the Road and Bridge Department. Mr. Treu stated that there was a basis for granting variations for public facilities but the facilities shall be facilities that meet the demands of residents of Eagle County and the safety concerns could not be ignored. Mr. Boni suggested that inspections be done annually, and if there was a problem,that the culvert be repaired. The problem was replacing the culvert in five years. Commissioner Chandler-Henry believed it was a great project. She suggested having the Road and Bridge Department do an annual inspection on the culvert. She also suggested that the road impact fees may be lowered slightly or waived until the opening of the season. Chairman Scherr opened and closed public comment. Mariah Scott, applicant's daughter,thanked the board for their time. Her family simply wanted to do something good for the community. Mr. Boni believed that the Eagle County Road and Bridge Department could inspect the culvert annually, and a professional engineer would be called in, and any repairs could be performed within 90 days. Mr. Treu suggested modifying Condition 3 (three)to ensure the culvert could safely accommodate the intended use. Mr. Sylvester reviewed the conditions. 4 11/17/2021 Mr. Treu suggested that Condition 3 (three)be reworded-that,at such time that the culvert is repaired or replaced,the culvert shall be designed by a professional engineer to ensure that culvert can safely accommodate the intended use and the design shall be submitted to the county for review and permitting. He added that Condition 4 (four)would read-the applicant shall pay the road impact fees to Eagle County in four equal instruments in March, June, September, and December of 2022. The figures would be outlined in the final resolution. For Condition 6 (six)he revised the language to read-the county's Road and Bridge Department may conduct annual inspections of the culvert and identify any significant changes to the condition of the culvert. Documentation of the inspections shall be maintained by the applicant and shall be available on request by the county. Inspections shall include but not be limited to the four bullet points. If any of the conditions are found, the applicant shall hire a professional engineer to inspect the culvert and determine the appropriate course of action to ensure the culvert can safely accommodate the intended use. The applicant shall provide the county Community Development Department with a copy of the such engineer's reports and recommendations immediately following such inspection if such engineer recommends repair or replacement of the culvert, such repair or replacement must be made within 90 days of such engineer's report. Commissioner Chandler-Henry thanked staff and the applicant for all their work on the application. She believed that all the standards had been met with the proposed conditions. Commissioner McQueeney concurred. She appreciated staff work on the application and apologized for any miscommunication from staff. Chairman Scherr believed the file was fairly straightforward. He appreciated staff working with the applicant. Commissioner Chandler-Henry moved to approve File No. ZS-009144-2021 because the application, as conditions,meets the standards for approval of a Special Use Permit. Commissioner McQueeney seconded the motion. The vote was unanimous. OF EAGLE CO There bein no further busines 6? '"7".*'', ard,the meeting was adjourned until December 7,2021. t Attes . coioR ( ' OtLe-t Clerk to the Board C irman 5 11/17/2021