HomeMy WebLinkAboutMinutes 10/25/2022 PUBLIC HEARING October 25, 2022 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Matt Peterson 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: Constituent Input Joanne Rock,Eagle resident, shared an editor's note from Sunset Magazine called"Green Thoughts". Her reason for sharing the article was that it coincided with a column she read in The Vail Daily regarding water issues and the changes that would be coming. Commissioner Updates Commissioner Scherr spoke about the upcoming election. Folks should have received their ballots in the mail. If not they could go to GoVoteColorado.gov and check their registration. He mentioned Count Me In Colorado coming to the Eagle and Roaring Fork valleys. County Me In was a nonpartisan group that would simply explain ballot measures but did not advocate either way on ballot issues. Commissioner Chandler-Henry gave a shout out to the County Clerk&Recorder Office. Clerk Regina O'Brien and her team have been working around the clock on this election. Also,this week there was a fall fundraiser sponsored by the Eagle Senior Site Council on October 28th at the Exhibit Hall at the Eagle County Fairgrounds. They also had an online auction if you were unable to attend. People could go to biddingowl.com and look for the Eagle Senior Site Council. She also touched on the water with your lunch presentation this Thursday sponsored by the River District,called"Towns and Turf." Chairman McQueeney recognized the nonprofits in the community and the individuals who stepped up where needed. The Clerk's Office required a lot of community members willing to participate in the upcoming election process. The Master Plan for the County Fairgrounds was online and there was an opportunity for the public to weigh in. It took people sharing their ideas to help determine the best outcome for the property. County Manager Updates Jeff Shroll spoke about a meeting with Lara Beaulieu, Executive Director for English in Action. English in Action helped adults to learn to read,write, and speak English. He also recognized Robert Hubbell,with Crawford Properties, for hosting the event. 1 10/25/2022 Consent Agenda 1.Approval of the Minutes for the Board of County Commissioner Meetings for August 17, September 6, September 13,and September 27, 2022 Kathy Scriver,Clerk&Recorder's Office 2. Peace Officers Behavioral Health Grant Application Dani Moore,Administration Commissioner Scherr moved to approve the Consent Agenda for October 25, 2022 as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Business Item 1. Resolution 2022-082 Supporting Ballot Issue 1B -Formation of the Eagle Valley Transportation Authority Bryan Treu, County Attorney's Office Executive Summary: The Board of County Commissioners for Eagle County is authorized by section 1-45-117(1)(b)(III)(A)to pass a resolution taking a position of advocacy on any local ballot issue. This resolution supports Ballot Issue 1B that asks voters in unincorporated Eagle County to approve the formation of the Eagle Valley Transportation Authority and approve a 0.5% sales tax dedicated to the EVTA to enhance , expand, and improve regional transportation in accordance with the EVTA Intergovernmental Agreement. Chairman McQueeney stated that the ballot question required a vote on the funding of the RTA and a sales tax increase which would increase transportation options in the county. It was a complex program and came at the request of the business community. Commissioner Chandler-Henry moved to approve the resolution supporting Ballot Issue 1B -Formation of the Eagle Valley Transportation Authority. Commissioner Scherr seconded the motion. The vote was unanimous. Work Session - Eagle County Room 1. Board of Health Meeting Heath Harmon, Public Health&Environment Site Visit - Gypsum Area 1.VIS-009227-2022 Hell's Gate Ranch Site Visit Julie Pranger, Engineering 2 10/25/2022 Planning File - Eagle County Room 1.VIS-009227-2022 Hell's Gate Ranch Variance from Improvement Standards Julie Pranger, Engineering Executive Summary: On February 7,2022,Eagle County(the"County")received an application(the"Application") for a Variance from Improvement Standards("VIS"or"Variance") from Ray Nielsen("Representative")on behalf of Hell's Gate Ranch,LLC, Oscar L. Tang, and Daniel and Casie Ward(the"Applicants"). The Application requests a VIS to certain road and access standards for the properties identified as Parcels#1933-011-00-006,#1933-011-00-003, and #1863-364-00-001 (the"Properties"). The VIS process established by the ECLUR exists to balance the hardships to the Applicants of not granting the VIS against the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected. The existing access throughout the Ranch does not meet County standards for dual access or geometric road design(width, surface,radius, etc.). The Applicants seek this VIS to establish legal,conforming access to the Properties so current and future owners may apply for, and receive, development permits from the county. Ms. Pranger with the Eagle County Engineering Department presented the application for Variance from Improvement Standards(VIS)and reviewed the process. She introduced Ray Nielsen,representative for the applicant. Mr. Nielsen stated that he was available to answer any questions that the board may have. Ms. Pranger stated that the application was received on February 7, 2022. The application went through a 21-day referral process to 35 referral agencies. The ranch was an approximately 855 acre subdivision, 22 conforming legal lots of record. The application represented 20 of the 22 lots. The owners were seeking a Variance from Improvement Standards(VIS)prior to further subdivision. The two categories of variances included geometric road design and dual access. Hell's Gate Road was privately owned and maintained. Skiff Road was a privately maintained public road partially on property and partially off property. Ms. Pranger reviewed the comments received from agency referrals. Variances may be approved per the Eagle County Land Use Regulations (ECLUR)if there were hardships to the applicant. The property had substantial areas where 30%and steeper slopes existed; conforming with the land use regulations for roads would necessitate removal of existing vegetation, large cuts and fill,retaining walls, and construction in areas identified with slope instability and landslide risk. Staff did find that the geologic and topographic conditions of the property presented hardship, and without the approved VIS,the applicants would be required to construct roads which would be more impactful to the community and lands. Staff determined that the VIS minimized disturbance in the ridgeline and steep slope areas. Staff recommended a couple of additional conditions to insure conformance with ECLUR and Comprehensive Plan. Staff recommended Condition#9 requiring that the portion of Skiff Road from the intersection of Sweetwater Road to the intersection with Hell's Gate Road be improved to a minimum 20 foot total road width. The minimum switchback radius was inline with the variance. Staff determined that the Hell's Gate Bridge could adequately serve the property. Skiff Road Bridge would be a secondary access and was only 9 feet as constructed. Condition#10 was recommended requiring that the Skiff Road Bridge be replaced or retrofitted to increase the bridge to 15 feet wide as measured between the inside faces of the bridge rail or guardrail prior to issuance of a building permit for the fourth single-family home on the properties. She reviewed the second variance request with regards to dual access. Skiff Road must serve as a secondary emergency ingress/egress. Staff recommended Conditions#11, #12, and#13 to ensure that the vehicle load limits are posted on either end of Skiff Road Bridge,the bridge is of adequate size to convey the 100-year flow of Sweetwater Creek,and that Skiff Road and Skiff Road Bridge be maintained as a year-round secondary emergency access. Due to the high wildfire risk Conditions#14, #15, #16, and#17 are recommended to address fire suppression water,class A roof assemblies on all structures, fire-free 5 foot landscape apron to all new structures, and that all structures adhere to additional wildfire mitigation requirements related to creation of defensible space. Staff believed that the requested variances, as conditioned, met the applicable standards. 3 10/25/2022 Commissioner Scherr asked if the variances were not approved,what would the applicant be permitted to do. Ms. Pranger stated that currently the owners could construct a driveway, apply for a building permit,and staff would evaluate access to road structures for compliance with a driveway. Building permits could be issued up to three building permits. After the fourth permit was requested, staff would be required to evaluate the road standards which was what the applicant was trying to get ahead of. Commissioner Chandler-Henry asked about lots 20 and 22 not being included. Ms. Pranger stated that the two lots were not part of the water plan community. The lots would be receiving a variance from dual access because they were in closer proximity to Sweetwater Road and Sweetwater Creek,water sources for fire fighting. Lots 19 and 21 would have private access points off of Sweetwater Road. Commissioner Chandler-Henry asked about adverse impacts to the applicant if the variances were not granted. She wondered if there were any adverse impacts to the neighbor near the Skiff Road Bridge. Ms.Pranger stated that there was a court ordered easement and right to improve the bridge and road. Mr. Nielson stated that Skiff Road in its current condition was not an inviting road and he preferred it not be enhanced. He wasn't able to gate it. Ms. Pranger stated that if the applicant was required to conform with the land use criteria,there would be a 24 foot wide bridge, and it would be more impactful to the neighboring property owners. Commissioner Chandler-Henry stated that she was not seeing the adverse impact that was being balanced on. Ms. Pranger clarified that the adverse impacts from her perspective were to insure that the variances being requested did not cause adverse impacts to the residences and emergency responders. It had a more adverse impact on the ability to live safely and have services in this community. Matt Peterson,Assistant Eagle County Attorney, added that the standard applicable to the file was the persons and lands affected. It was the board's role to decide what the persons and lands affected would be. Staff had done a good job of analyzing the persons affected, as there could be many. Charman McQueeney asked about condition#7. Ms. Pranger explained that if someone had an ADU and a primary dwelling unit on one lot, it counts as one dwelling unit. However,the fire code did not make that distinction. Condition#7 was initially different. Chairman McQueeney believed that Condition#7 did not make it clear enough that there would be no ADUs permitted on Lots 12 - 17. Ms.Pranger believed the condition could be revised for clarification. Commissioner Chandler-Henry asked for clarification with regards to Condition#8. Ms.Pranger stated that if the variances were granted,the road would require additional improvements to widen and expand the radius in some areas regardless. There would be additional construction to the road in order to meet the variances that had been requested. Commissioner McQueeney opened and closed public comment, as there was none. Commissioner Chandler-Henry understood there were two variances being considered, geometric and dual access. The board had the ability,per the land use code,to consider variances. The hardships to the applicant were clear based on the geography, landslide risk, and the features of the land. She was comfortable with the direction of the variances to protect the health, safety, and welfare of future residents in this area. Commissioner Scherr believed the public also had a benefit to the variances and agreed that the application met the standards of approval. Chairman McQueeney wanted to make certain that condition#7 was clear. Mr. Peterson proposed a sentence be added to the condition that simply states"in order to limit adverse impact to persons and lands affected, Lots 12, 13, 14, 15, 16 and 17 shall not be allowed ADU uses". Chairman McQueeney believed the conditions helped in making it clear as to why and how the board was approving the application. She agreed with her colleagues about the balance of hardship versus adverse impact. Commissioner Chandler-Henry mentioned the wildfire risk and thanked staff for working with Gypsum Fire to determine the water availability on the properties. 4 10/25/2022 Commissioner Scherr moved to approve the application for the Variance from Improvement Standards for Hell's Gate Ranch, Eagle County File NO. VIS 009227-2022, incorporating staff's findings and conditions with condition number#7 as amended on the record. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. There being no further business be :-- :oard,the meeting as adjourned until November 1, 2022. 44' EAGiFCOG ) /9 Attest: 0 �. ! Clerk to the Board Chairman 5 10/25/2022