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HomeMy WebLinkAboutMinutes 04/11/06 PUBLIC HEARING April 11 , 2006 Present: Peter Runyon Tom Stone Am Menconi Bruce Baumgartner Bryan Treu Walter Mathews Kathy Scriver Chairman Commissioner Commissioner County Administrator County Attorney Deputy County Attorney 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: Executive Session Commissioner Stone moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on matters that may be the subject of negotiation, and discussing the potential acquisition of real property regarding the Sylvan Lake water rights lease, the Homestake Project's Camp Hale case, the Colorado River Basin Proposal, and the Seago property all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(a)(b) and (e), Colorado Revised Statutes. Commissioner Menconi seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Session which was seconded by Commissioner Menconi and unanimously approved. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of Apri11O, 2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department B. Approval of Payroll for April13, 2006 (Subject to Review by the Finance Director) Mike Roeper, Finance Department C. Approval of the Minutes of the Eagle Board of County Commissioners Meetings for March 14,2006 Teak Simonton, Clerk and Recorder D. Agreement between Eagle County and Catherine Zeeb to Provide Family Services Kathleen Forinash, Health & Human Services E. Agreement between Eagle County and Nancy Schurr for Family Planning Consultant Services Kathleen Forinash, Health & Human Services F. Resolution 2006-042 Appointing Tom Gorman, Tambi Katieb, Amy Dorsey, Ron Niemeyer, Phil Frank, Kevin Armitage, Karen Earley, Nina Timm, Jane Hand, Leslie Isom, Cris Nolan and Nick Brinkman to the Eagle County Homebuyers Assistance Committee County Attorney's Office Representative G. Resolution 2006-043 Authorizing the Issuance by Eagle County, Colorado of the County's General Obligation Library Refunding Bonds, Series 2006, for the Benefit, at the Request and on Behalf of the Eagle Valley Library District, in an Aggregate Principal Amount of Not To Exceed $850,000, Together with Registered Coupons Representing Supplemental Interest on Certain ofthe Bonds, for the Purpose of Defraying the Cost of Refunding a Portion of the County's Colorado General Obligation Library Bonds, Series 1996, and Paying Certain Costs and Expenses Associated with the Issuance of Such Bonds; 1 4/11/06 Prescribing the Form of Said Bonds; Approving an Escrow Agreement, a Registrar Agreement and a Purchase Contract; Providing for the Payment of the Principal of and Interest on Such Bonds from Ad Valorem Property Taxes Levied within the District; Ratifying Action Heretofore Taken and Relating to Such Bonds; Providing Other Details in Connection with Such Bonds; and Authorizing the Execution of Certain Agreements and Documents in Connection with the Bonds County Attorney's Office Representative H. Maintenance Agreement Addendum for Identix Fingerprint Equipment and Software Airport Representative I. Contract between Golden Eagle Elderly Housing Corporation and Morter Architects Engineering Department Representative J. Agreement with Stan Miller, Inc. for the 2006 Supply and Hauling of 5,600 Tons of 2-Inch Minus Screened Rock to Eagle County Landfill Ron Rasnic, Landfill K. Agreement for Household Hazardous Waste Collection Event Services between County of Eagle, State of Colorado and Clean Harbors Environmental Services, Inc. Ron Rasnic, Landfill L. Agreement with Lafarge North America, Inc. for the 2006 Supply and Hauling of Rip rap and Riprap Bedding Material to the Eagle County Landfill Ron Rasnic, Landfill M. Agreement with Lafarge North America, Inc. for Supplying, Loading and Hauling Road Base Materials Brad Higgins, Road & Bridge N. Memorandum of Understanding among Confluence Metropolitan District, Avon Station Metropolitan District and County of Eagle County Attorney's Office Representative Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes or revisions. Commissioner Stone moved to approve the Consent Agenda, Items A-N. Commissioner Menconi seconded the motion. The vote was declared unanimous. Citizen Input There was none. Commissioner Menconi moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Note: This item was tabled from April 4, 2006 2 4/11/06 A. Rocky Mountain Elk FoundationJEagle Valley Chapter This is a Special Event Permit request for the annual Rocky Mountain Elk Foundation fund raising ,banquet to be held at the Fairgrounds Exhibition Hall, April 22, 2006 from 4:30 pm to 10:00 pm. All fees ~have been paid, no protests have been filed, and the various Eagle County departments have stated no objections. Staff recommends approval. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for April 11, 2006, consisting of Items A. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2006-044 Recognizing the Battle Mountain High School ProStart Team for Culinary Excellence in Taking First Place in the ProStart Culinary Invitational Sharon Wyball, ProStart teacher from Battle Mountain High School spoke. She gave a brief overview of the program. ProStart is a hospitality business program with a culinary emphasis. It prepares students for work directly in the community. Students take the course for two years and work for 400 hours in the community. They apply for scholarship money and can earn up to $2000 upon completion of the program. The four students being recognized recently competed in Denver against 26 teams and they took first place in the state and each won $20,000 in scholarship money. They will be going to the National competition against 30 other states. In the seven years that Battle Mountain has had the program they have always placed in the top three. This is their third time winning the state competition. The grand prize at national could win a student a full scholarship. Commissioner Menconi read the Resolution. Commissioner Menconi moved to approve Resolution 2006-044 recognizing the Battle Mountain High School ProStart Team for Culinary Excellence in Taking First Place in the ProStart Culinary Invitational. Commissioner Stone seconded the motion. The vote was declared unanimous. Other Bryan Treu, County Attorney presented the following: Mr. Treu requested a motion to approve the proposed name of Cowley Peak as requested by the U.S. Board on Geographic Names. The proposal would honor specifically Claude H. Crowley who settled and ranched in the area in the late 1880's at the base of the mountain. Commissioner Stone moved to approve the name proposal. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Treu requested a motion to approve Amendment Number 1 to the Special Use Permit with the U.S. Department of Agriculture. The permit is amended to allow for an 8-inch sewer/wastewater service line from Eagle County property (Crown Mountain Parks and Recreation District) to the Forest Service Mt. Sopris Tree Nursery administrative site at El Jebel Commissioner Menconi moved to approve amendment. Commissioner Stone seconded the motion. The vote was declared unanimous. Mr. Treu requested a motion to approve the Resolution 2006-045 authorizing the lifting of the temporary 10ratorium on all zone change applications that would result in more residential dwelling units per acre than the present governing zone district allows, and all zone change applications that would result in commercial or industrial use-by-right on property that is presently zoned for agricultural or residential uses. 3 4/11/06 Commissioner Stone moved to approve Resolution 2006-045 authorizing the lifting of the temporary moratorium. Commissioner Menconi seconded the motion. The vote was declared unanimous. Work Session-River Restoration.org Jason Carey, Riverrestoration.org This work session was taped Planning Files LUR-0058 - Eco-Build Eaele County Efficient Buildine Proeram Adam Palmer, Community Development NOTE: TABLED FROM 12/20/05, 1/31/06 AND 3/14/06 ACTION: Eagle County is proposing an amendment to the Building Resolution, which, if approved, would create a points-based code for new residential development. The code would also offer a 25% building permit rebate for projects significantly exceeding point minimums. A cash-in-lieu option would be available for projects choosing not to meet the code requirements; fees collected would to into a Renewables and Efficiency Fund which would create incentives and assistance for energy efficiency and renewable power installation elsewhere in Eagle County. LOCATION: N/A STAFF RECOMMENDATION: Approval TITLE: FILE NO./PROCESS: APPLICANT: REPRESENTATIVE: Eco-Build Efficient Building Code LUR-00058/ Amendment to Building Resolution Eagle County Department of Community Development Eagle County Department of Community Development STAFF RECOMMENDATION: Approval with conditions ECPC RECOMMENDATION: Denial on 1/4/6; supported with comments in work session 4/5/6 RFVRPC RECOMMENDATION: Approval with the following condition: 1. Preliminary phase-in period to be extended to 120 days. PLANNING COMMISSION COMMENTS: Comments from work session April5t\ 2006: . Larger fees should be in place for larger homes cash in lieu. . Home certification/medallion should be awarded to homes meeting the code as a value added/selling point for the home. . Language should be included to allow cash-in-lieu to be adjusted periodically. Comments from ECPC hearing December 7t\ 2005: . More points should be given for SIP panel construction 4 4/11/06 . Concerns that the proposed code would add costs to the average home owner . Should focus on commercial rather than residential . Code is prohibitive to the average owner-builder . Points should not be given to toilets/fixtures that are already meeting code . Points for compact fluorescent light bulbs shouldn't be given because the lights will be switched out . Points for buildings in 2-foot increments still create interior spaces in dimensions different than 2-foot increments and create waste therein . A 5000 square foot line may be unfair the way it's proposed ECPC voted in denial of LUR-00058 on January 4, 2006, with the following comments: . Liked changes staff hade made, but concerns about additiona11ayer of governance which might delay building permit review windows . A I-year, 2-year, or 3-year phase-in period would help educate the building community . The proposed code would be prohibitive for the first-time owner builder to understand and implement . Market forces may change making efficient building happen on its own Roaring Fork Valley Regional Planning Commission comments December 8, 2005: . Concerns for viable use of some materials in high fire hazard areas. . Additional language/points for water efficient landscape design, possibly including erosion control, potable water required for drip irrigation systems, points for drought-tolerant turf, . Need to be careful about water conservation in that if we don't use it we lose it. . Deciduous trees that shade south and west sides of homes were suggested. . Suggested simple starting point of promoting decent soil practices that eliminate run off and a well- managed irrigation system with auto controls and rain sensors would save a lot of water. . Education will be necessary and key element of program. Suggest that staff develop (an) informational booklet(s) and other educational resources/events to continue to assist builderslhomebuyers. . Exterior lighting should be changed to allow for more than just solar LED lights. High-efficiency low wattage lamps should be allowed. . Thought that cash-in-lieu of not meeting points should be in $3 to $4 per square foot range ifECG wasn't going to just increase building permit fees across the board to pay for staff/incentives. RFVRPC voted to recommend approval at the February 2,2006 hearing with the following condition: 1. Preliminary phase-in period to be extended to 120 days. Staff concurs with comments from RFVRPC and has made efforts to include much of comments into revised draft. PROJECT DESCRIPTION SUMMARY: This application proposes to amend the Eagle County Building Resolution in the following manner: The intent of the EcoBuild program is to encourage cost-effective sustainable building methods to create durable, energy efficient structures that conserve natural resources, promote the efficient use of building materials, and improve indoor air quality. EcoBuild would apply to all new residential R3 (single family-duplex) construction per the currently adopted building code, as well as additions/reconstruction over 50% of the existing floor area, and exterior energy uses such as snowmelt, spas, and pools over sizes listed in Section 8.0. The completed EcoBuild checklist must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department ,f Housing are exempt. Proposed draft change summary since December 7: 5 4/11/06 1. Sliding scale for required points based on square footage, see draft guidelines 2. REMP fee cash in lieu option available for all square footages at $4 per square foot 3. Incentive for building permit rebates available for all square footages 4. Combined site and water sections and altered landscaping points 5. Removal of finger-jointed trim point 6. Combination of boiler/furnace points 7. Increase of points for SIP panels from 4 to 10 8. Points for low-flow fixtures only for those exceeding code 9. Inserted points for wood pellet stoves 10. Inserted points for thermostats in each habitable room II. Prerequisites for formaldehyde free insulation and 10w- VOC interior paints/finishes 12. interior/exterior lighting points adjustments 13. on-site fill reuse points 14. off-site construction/prefabrication points 15. general point clarification/adjustments 16. ST AFF REPORT REFERRAL RESPONSES: Sean Kerrigan; Johnson, Kunkel and Associates. See attached Susan Philip; Town of Basalt. See attached. Ray Merry, Eagle County Environmental Health Phillip Bowman, Eagle County Engineering Department Henry Pratt, GPS Architects Jeff Dickinson, Biospaces, Inc. Jim Kumon, MP A Architects Chris Lammers, RA Nelson Associates Auden Schendler, Aspen Ski Company Tambi Katieb, Town of Avon Matt Scherr, Eagle Valley Alliance for Sustainability Jim Guida, Guida Construction Luke Cartin, Vail Resorts Brian Sipes, Zehren Architects and Town of Avon Bruce Norring, Beck Builders Scott Turnipseed, Turnipseed Design and Construction Jim Turnipseed, Turnipseed Construction and EVHBA President Scott Nevin, Davis Partnership Architects Bob Warner, Warner Development Referral Agencies: Eagle County Attorney's Office, Eagle County Engineering Department, Eagle County Department of Environmental Health, Eagle County Assessor's Office, Colorado Department of Local Affairs (Division of Planning), all private planning firms in Eagle County, all private engineering and surveying firms in Eagle County, all listed private architectural and construction firms in Eagle County and surrounding region, Town of Avon, Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of Basalt, Town of Gypsum. STAFF DISCUSSION: 1. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals~ the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs. 6 4/11/06 2. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given 3. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: a. The proposed amendments AMEND ONLY THE TEXT of the Eagle County Building Resolution, and do not amend the Official Zone District Map. No changes to the map are proposed. b. Precise wording of the proposed changes HAS been provided (please see attached). 4. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations, as applicable: STANDARD: Consistency with Master Plan. [Section 5-230.D.l.] Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Master Plan. While findings for the 1996 Master Plan are technically still applicable and are included below, specific findings as it applies to the newly-adopted Comprehensive Plan are included as well: Section 3.9.6 Environmental Quality a. Lighting plans that reduce nuisance glare and protect the quality of the night sky should be encouraged. For residential uses, promote the use of shielded down lighting that does not glare on neighboring properties. Utilize motion detectors to minimize the duration of security lighting. Enforce lighting standards that minimize fugitive light and protect the quality of the night sky. The proposed draft encourages minimized exterior lighting plans, using low-voltage systems, solar LED systems, and lights that are down-facing and at least partially shielded. The draft also encourages motion detector switches for lighting. d. Energy efficiency and the reduction of overall energy consumptio n should be a primary goal for future operations and developmen ts in Eagle Promote transit-oriented development, and encourage plans that minimize reliance on personal motorized vehicles. 7 4/11/06 8 4/11/06 onsumption for heating or cooling. ceo sun and reduces heating and cooling olar gain in the winter and minimize ces. n in Eagle County. y supply options including, but not thermal. e and business energy audits at residents, second homeowners and gh points offered in each of the different e 1996 Eagle County Master Plan: m energy generation to support rage energy efficient development in ng services within Eagle County. he County should also encourage cts." The proposed amendment onstruction of new residences. roposed regulation amendment is Whether and the extent to which the nding the subject land, and is the urpose and standards of the proposed osal. e extent to which there are changed dments are necessitated. Design communities in a way that reduces fossil fuel c Prioritize renewable energy as an optimal energy sour Implement energy efficiency guidelines that promote: · multi-use buildings which share energy needs; · landscaping which buffers buildings from wind and needs; · streets and buildings that are oriented to maximize s solar heating in the summer; · energy efficient buildings. · Green Buildin techni ues Implement the following energy saving activities: · the use of local or recycled construction materials · the installation of energy and water efficient applian · maximum insulation in all buildings. · minimum air infiltration in all buildin s. Examine the feasibility of renewable energy generatio Encourage the development of other alternative energ limited to, wind, solar, micro-h dro, biomass, and eo Support efforts by local energy providers to offer hom Develop and implement education programs directed visitors to encoura e ener conservation. The draft code encourages each of the items listed above specifically throu sections of the document. See attached draft regulation amendment. This amendment is consistent with the following Guiding Policies in th Guiding Policy A.5: Maintain and improve air quality The proposed amendments support pollution reduction fro residential structures. Guiding Policy A.6: Encourage energy efficient development The primary intent of this proposed amendment is to encou Eagle County. Guiding Policy F.2: Work to improve upon and expand recycli The language in the Master Plan under this policy reads "T businesses throughout Eagle County to use recycled produ encourages recycling and use of recycled products in the c [+] FINDING: Consistent with Master Plan. [Section 5-230.D.I.] The p in conformance with the Master/Comprehensive Plan STANDARD: Compatible with surrounding uses. [Section 5-230.D.2.] proposed amendment is compatible with existing and proposed uses surrou appropriate zone district for the land, considering its consistency with the p zone district. The issue of compatibility does not pertain to this prop STANDARD: Changed conditions. [Section 5-230.D.3.] Whether and th conditions that require an amendment to modifY the use or density/intensity Conditions have changed such that the proposed amen [+] FINDING: Changed conditions. [Section 5-230.D.3.] B There ARE changed conditions that require an amendment to modify the use or density/intensity. :TANDARD: Effect on natural environment. [Section 5-230.D.4.] Whether and the extent to which the 'roposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. Adverse impacts to the environment are not an expected outcome of this proposed amendment. This amendment is expected to have positive impacts on water quality and quantity and air pollution. STANDARD: Community need. [Section 5-230.D.51 Whether and the extent to which the proposed amendment addresses a demonstrated community need. The proposed amendment addresses the following community needs: . Affordable housing: Low-income or affordable housing becomes less affordable if poor energy efficiency plagues occupants with high monthly utility bills. An example of this is at Riverview Apartments in Eagle-Vail, where tenants have paid exorbitantly large heating bills in the winter for units constructed with poor insulation and windows. Incremental up- front cost increases for improved energy efficiency normally have quick returns on investments, and usually offer lower monthly living costs when combining utility and mortgage/rental costs. . Economic RetentionlDevelopment: Since most all of the energy consumed in Eagle County is generated elsewhere, every dollar of energy conserved and/or generated locally with renewable power is money retained in our communities. In addition, the proposed efficient building code will encourage development of skilled design and technical professionals locally with expertise in energy conservation and renewable power. . Utility price protection: Energy experts project recent increases in electric and natural gas utility rates to continue. Constructing buildings that rely on less energy insulates current and future owners from potential impacts of utility cost increases. [+] FINDING: Community need. [Section 5-230.D.5.] B It HAS BEEN demonstrated that the proposed amendment addresses a community need. STANDARD: Development patterns. [Section 5-230.D.6.] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services. Specific development patterns and services do not apply to this proposal. STANDARD: Public interest. [Section 5-230.D.7.] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The issue of land uses or densities that might or might not be in the public interest is not related to this proposal. DISCUSSION: Mr. Palmer presented a PowerPoint presentation. His presentation included a general timelinelhistory and n Eco-Build point listing example. Mr. Palmer summarized the Board's comments from the March 14th hearing and Eagle County Planning Commission comments from the April 5th work session. Mr. Palmer stated that the point requirements had changed somewhat. For each additional 20 points beyond the above rebate thresholds 9 4/11/06 achieved, an additiona11O% rebate would be issued. Eco-Bui1d was endorsed by Holy Cross Energy, Eagle Valley Alliance for Sustainability, Western Slope American Institute of Architects Chapter, City of Aspen, Pitkin County and E-Star Colorado. Other supportive organizations: DOLA Office of Smart Growth, Enterprise Foundati9n Green Communities and Habitat for Humanity Construction Committee. Mr. Palmer indicated that all staff . findings were positive and staff recommended approval. Chairman Runyon opened public comment Jim Turnipseed, Turnipseed Construction and Eagle Valley Home Builders Association President spoke. Mr. Turnipseed stated that in general the concept of green building has been very well received through out the EVHBA membership. From a technological standpoint the proposed Eco-Bui1d program advances the cause of efficient building in an incremental fashion. He wondered why the Planning Commission had not formally recommended approval. The EVHBA would prefer that this regulation and future land use regulations changes be recommended by the Planning Commission prior to the Board's approval and the innovation points section be flexible. Chairman Runyon closed public comment. Chairman Runyon thanked Mr. Palmer for his work and addressing the concerns of the Board. Commissioner Menconi moved to approve File No. LUR-00058 to amend the Eagle County Building Resolution with the following conditions: 1. A 120-day phase-in period be implemented prior to the code becoming regulatory in which staff will provide educational events and materials to the public. Building permit applicants will be required to complete the Eco-Bui1d checklist for familiarity/education, but no point minimums would be enforced. 2. Staff will present to the board an update on the Eco-Bui1d program within 180 days of becoming regulatory to make any changes/adjustments to the code as may be necessary. Chairman Runyon seconded the motion. The motion passed by a vote of two to one with Commissioner Stone voting against. Commissioner Stone believes that the regulation is really an impact fee. He believes a Nexus study should have been preformed and the County could face legal challenges. Walter Mathews stated that the regulation had been reviewed by the Attorney's office and is not considered an impact fee only because it's a legislative formulated fee. However anytime you have any type of fee-in-1ieu that seems like it's an exaction, it can be considered an impact fee. The attorney's office doesn't believe it's illegal but cutting edge. Commissioner Menconi stated that he has faith in the attorney's office and is disappointed with Commissioner Stone's disapproval. Commissioner Stone believes that in an effort to push this forward, the County may have left itself open to possible litigation. He believes it's his responsibility as a County Commissioner to provide the people of Eagle County the best possible legislation. Attest: 10 4/11/06