HomeMy WebLinkAboutMinutes 09/05/2023 PUBLIC HEARING September 5, 2023 Present: Kathy Chandler-Henry Chairman Matt Scherr Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Bryan Treu County Attorney Beth Oliver Deputy County Attorney 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 Chairman Chandler-Henry opened and closed constituent input as there was none. Commissioner Updates Commissioner Scherr had no updates. Commissioner McQueeney asked folks to do their homework with regards to Proposition II, a question that would be on their November ballot. If approved by the voters, it would allow the state to keep revenue that exceeded official projections from tobacco tax and allow for additional preschool funding. Chairman Chandler-Henry wished everyone a happy Labor Day and gave a shout out to the Human Resources team at Eagle County who helped all county employees receive good working conditions and a productive place to work. County Manager Updates Jeff Shroll had no updates. Consent Agenda 1. Ratification of the Federal Grant Agreement for Airport Improvement Program(AIP)Project No. 3-08-0020-070-2023 for the Rehabilitation of Taxiway A David Reid,Airport 2. Ratification of the Federal Grant Agreement for Airport Improvement Program(AIP)Project No. 3-08-0020-069-2023 for the continued work on Taxiway B David Reid,Airport 1 09/05/2023 3. Approval of the Minutes for the Board of County Commissioner Meetings for July 3,July 25,and August 1, 2023 Kathy Scriver, Clerk&Recorder's Office Commissioner Scherr moved to approve the Consent Agenda for September 5, 2023 as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Item(s) 1. Resolution 2023-057 Declaring September as National Suicide Prevention Month in Eagle County Rhea Silerkorn,Administration Executive Summary: Leslie Robertson from SpeakUp ReachOut will be here to present a resolution designating September as suicide prevention month in Eagle County. Leslie Roberson,Awareness and Brand Manager spoke. She thanked the board for their support and helping them spread awareness about suicide prevention. In 2022 Eagle County lost 15 people to suicide,and so far this year there were 10 confirmed deaths. They believed that taking action could help prevent suicide. Speakupreachout.org was their website,and Vail Health provided behavioral health resources. The national suicide hotline was 988. Dr. Teresa Haynes, Clinical Director of Your Hope Center, spoke about the services they provided. Commissioner Scherr recognized the broad efforts being made to respond as a community in a very human way. Commissioner McQueeney moved to approve the resolution declaring Septemeber as National Suicide Prevention Month in Eagle County. Commissioner Scherr seconded the motion. The vote was declared unanimous. 2. Open Space Plan Contract with ERO Resources for Comprehensive Planning Process Peter Suneson, Open Space and Natural Resources Executive Summary: Since the Open Space program received a permanent funding source in 2002,the Program has never undertaken a comprehensive planning process. This multi-year effort will guide the program over the next 10+years in terms of acquisitions,management priorities, and funding opportunities. The final plan will be the result of a robust public engagement process and a thoughtful inventory of opportunities and priorities for the Open Space program. Peter Suneson, Open Space Education and Stewardship Coordinator,presented the contract. The contract with ERO would kick off the first ever Open Space planning process since the program received funding in 2002. There was a public outreach component that would allow the public to speak up. ERO Resources did the Brush Creek Ranch and open space management plan. They were based out the front range with a lot of experience here in Eagle County. Commissioner Scherr moved to approve the Open Space Plan Contract with ERO Resources for Comprehensive Planning Process. 2 09/05/2023 Commissioner McQueeney seconded the motion. The vote was unanimous. Work Session - Eagle County Room 1. Update on Castle Peak Executive Summary: Castle Peak representatives would like to update the BoCC on the facility. Site Visit - Bond 1. Site Visit-ZS-009252-2022 Gore Range Boat Launch David McWilliams, Community Development Planning File - Eagle County Room 1. ZS-009252-2022 Gore Range Boat Launch- Special Use Permit David McWilliams, Community Development Executive Summary: Consideration of a special use permit application for the construction of a new private boat launch on the subject property. File Name: Boat Launch File Number: ZS-009252-2022 Location: 18503 Highway 131,Bond Area(Assessor's Parcel Number g Y #1689-093-01-001) Owner: Gore Range, LLC Representative: Tambi Katieb,Land Planning Collaborative Inc. Staff Planner: David McWilliams,AICP - Senior Planner Staff Engineer: Nicole Mosby, PE,CFM- Senior Staff Engineer County Attorney: Beth Oliver,Deputy County Attorney Gore Range, LLC (the"Applicant"),represented by Tambi Katieb,requests approval of a Consolidated Special Use Permit to allow the construction of a boat launch into the Colorado River on property owned by the Applicant(the "Application"). The boat launch is proposed to be completely private and host no paying customers. The subject property is an approximately 18.129 acre parcel located at 18503 Hwy 131 in the Bond area and is also identified as the Fish Camp Exemption Parcel#1 (the"Property"). The Property is zoned Resource("R")and is a legal nonconforming lot due to its size of less than the required 35 acres for a R zoned property. To comply with zoning, a plat note on the Property, and the uses allowed in a non-conforming lot, a Special Use Permit is required for the boat launch. Trent Hyatt,Eagle County Community Development Deputy Director, started the meeting. He stated that he would be focusing on the standards after the applicant's presentation. The property was noticed in the newspaper,to adjacent property owners, and on the property. As of today,there has been no public comment received. The Eagle County Planning Commission reviewed the application and unanimously recommended approval with conditions. Tambi Katieb of Land Planning Collaborative presented the applicant's request. The applicant was proposing a boat launch on private property. All the improvements other than the boat ramp were outside of the 3 09/05/2023 stream setback. The property was approximately 18 acres. The project would construct the boat ramp first and plans for homesite and barn would follow. He presented a short video of the area. Mr. Hyatt stated that the surrounding properties were zoned Resource(R). The subject property was approximately 18 acres in size. It was a legally established parcel but was non-conforming due to size. There was a plat note associated with the property requiring a Special Use Permit for uses outside of residential. The property was currently undeveloped except for a shed. He reviewed some of the referral remarks and indicated that the applicant had addressed any concerns. A boat launch was not identified as a use under the ECLUR. The uses not listed were not allowed unless the Planning Director determined it was sufficiently similar to one of the listed uses. The director's determination of similar use was the Resort Recreational Facility. He stated that the application was in compliance with all the standards with the five(5)conditions recommended by staff to protect wildlife habitat. The applicant agreed that the boat launch shall be for non-commercial purposes and non-motorized watercraft only. The application mitigated temporary water quality related impacts and condition one provided means to mitigate any permanent impacts. These types of uses had the potential to impact the environment however the private use would limit any nuisance impacts. Should the use no longer be desired, it would be decommissioned by the applicant. The property had direct access to Hwy 131 and a state access permit was required as well as any related improvements. Staff determined that the application was in compliance with the special use considerations and staff recommended approval. Commissioner McQueeney asked if there was a home already on the property if a special use permit was required. Mr. Hyatt stated that the boat ramp could be considered a customary accessory use and a grading permit would be required. Commissioner Scherr wondered about motorized vehicles being prohibited on the boat ramp. Mr. Hyatt stated that motorized vehicles were not not prohibited on this stretch of the river. However,the county could control how the ramp was being used. Chairman Chandler-Henry wondered why this was being prohibited. Mr. Hyatt believed that staff was trying to minimize the impacts for special review use, and the applicant stated that they did not intend to use the boat ramp in that manner. Mr. Katieb stated that they never proposed motorized use of the ramp. He was not concerned with the condition. Commissioner Scherr asked if the county did any analysis or mitigation to its public boat ramps. Mr. Hyatt stated that the boat ramps were mitigated annually. Chairman Chandler-Henry asked about condition 4 (four)and thought it seemed unnecessarily restrictive with regards to additional activities on the launch infrastructure. Mr. Hyatt believed it may not be necessary. It was certainly not their intent to limit someone from having a picnic in the area. Mr. Katieb didn't believe the condition was necessary. The definitions of the stream setbacks were clear. He was in favor of scratching the condition. Mr. Hyatt concurred and believed the code spoke for itself and what could occur there. Chairman Chandler-Henry asked about condition 5 (five),requiring an annual maintenance plan. She believed it seemed unnecessarily burdensome. Mr. Hyatt believed the plan was necessary. It was important that the owner of the ramp understood the annual needs for maintaining it and removing any fine sediment. Mr. Katieb believed it was a burden on the applicant. The applicant had already committed to maintaining the ramp through the Army Corps of Engineers (CORE)permit. Commissioner Scherr wondered if the condition granted the county some authority. Mr. Hyatt believed the standards and guidelines were what staff used to evaluate consistency with the applicable standards in the code. With regards to the Army CORE it was monitored for two years. It was important to staff that the upkeep to the ramp occurs into the future. Chairman Chandler-Henry opened and closed public comment,as there was none. 4 09/05/2023 Commissioner McQueeney believed the application got somewhat complicated, and she appreciated staff looking out for all the regulations and standards and considering worse case scenarios. But she worried about the ongoing monitoring. She felt as though some of the conditions committed the county to ongoing monitoring. She wished to shorten and or remove some of the conditions. She believed the condition with regards to motorized boats wasn't necessary. She wanted the county's role to be as much as it could in terms of education. She was prepared to approve the application but felt as though the county was overstepping in terms of conditions. Beth Oliver,Deputy County Attorney, stated that if the commissioners believed the standard had been met without the conditions,then they need not condition a file. Commissioner Scherr suggested striking condition 2(two) altogether and amending condition 4(four). Chairman Chandler-Henry supported condition 5 (five). Ms. Oliver suggested an amendment to the last sentence. Chairman Chandler-Henry believed the applicant had done a good job at hiring people to look at the land planning,access,biology,and wetlands. Mr. Katieb stated that the applicant was committed to doing things right. Commissioner Scherr reviewed the final conditions. Commissioner McQueeney believed the application was consistent with the Comprehensive Plan and was an acceptable use on the river. She stated that the standards had been met. Commissioner Scherr moved to approve File No. ZS 009252-2022, incorporating staff's findings,because this application,as conditioned,meets the standards for approval of a Special Use Permit. Commissioner McQueeney seconded the motion. The vote was declared unanimous. of EA0/, Pr There being no further busine . ;rd,the meeting was adjourned until September 12,2022. 1` -°RADO Attest: lerk to the Board Chairman 5 09/05/2023