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HomeMy WebLinkAboutMinutes 04/24/07 PUBLIC HEARING April 24, 2007 Present: Sara Fisher Peter Runyon Bruce-Baumgartner :Bryan Treu Robert Morris Teak Simonton Chairman Pro Tern Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board " Commissioner Menconi was absent for the first part of the meeting. This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: ..Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice on the potential land acquisition parcels regarding the Eagle Valley Land Trust and the ToWn of Eagle and the .1041 modification resolution, which are appropriate topics for discussion pursuant to C.R.S. 24~6-402(4)(b)and (e) Colorado Revised Statutes. It was moved, seconded and unanimously agr.eed to adjourn from Executive Session. ) Consent Agenda Chairman Meuconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of April 24, 2007 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for April 26, 2007 (subject to review by the Finance Director) Finance Department Representative C. Approval of the minutes of the Eagle County Board of Commissioners meeting for April 3, 20()7 " Teak Simonton, Clerk & Recorder D. Vehicle Parking Lease between Eagle County Airport and Hy-Mountain Transportation, Inc. Airport Representative . E. Agreement between Ea&le Count' and CehturyT el to provide space and power for telecommunications facilitit;s,at McCoy, Colqrado Attorney's Office Representative F. Agreement between Eagle County and CenturyTel to provide space and power for telecommunications facilities in Castle Peak, Colorado Attorney's Office Representative G. Resolution 2007-041 supporting the agreement between Eagle County, the Colorado Department of Transportation and the town ofMintum for the reassessment of the Mountain Meadow Mountain slide area 1 04/24/07 Attorney's Office .Representative . >, H. Contract between Eagle County, the Colorado Department of Transportation and the town of Minturn for the reassessment of the Meadow Mountain slide area Attorney's Office Representative I. Agreement regarding Provision of Professional Services between Eagle Valley Events, Inc. and Eagle County to provide services such as promoting arid coordinating the 2007 Eagle County Fair and Rodeo Benefit, promoting and coordinating the Eagle County Fair and Rodeo and marketing of the fairground facility in 2007 Attorney's Office Representative J. Ratification of Agreement for Household Hazardous Waste Collection Event Services between County of Eagle, State of Colorado and Clean Harbors Environmental Services, Inc. Attorney's Office Representative I K. Memorandum of Understanding between Eagle County and the Colorado Department of Transportation Attorney's Office Representative L. Resolution 2Q07-042 approving allocation of monies from Open Space Fund to permanently fund monitoring of Bair Ranch Conservation Easement Attorney's Office Representative M. Resolution 2007-043 concerning appointments to the Eagle County Fair Board Attorney's Office Representative N. Encroachment Agreement with the town of Eagle for park lighting and horseshoe pit expansion Attorney's Office Representative O. Agreement between Eagle County and GMCO LLC of Colorado for chip seal project Road & Bridge Representative P. Lease Agreement between Eagle County and J. Craig and M. Brunilda Butters for Neilson South Ditch No. 102,276 ' , Facilities Management Representative Q. License Agreement with Union Pacific Railroad for a Pe~estrian at Grade Crossing at Violet Lane Ellie Caryl, ECO Trails R. Limited Amendment #8 with the Colorado Department of Public Health & Environment for the Women Infant and Children nutrition program . Kate Forinash, Health & Human Services S. Addendum to the Agreement between Eagle County and Linda Foley for child care home Kate Forinash, Health & Human Services T. Amendment to Contract 1Jetween the Department of Local Affairs, Division of Emergency Management and Eagle County Barry Smith, Emergency Management U. Communications site use lease between Eagle County and the Bureau of Land Management Barry Smith, Emergency Management Chairman Pro Tern Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. 2 04/24/07 Bryan Treu, County Attorney stated the agenda was appropriate as presented: Cotnmissioner Runyon moved to approve the Consent Agenda, Items A-U. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unantmous. Citizen Inpu;t There was none Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. . Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. The Bo~ters Bar, LLC d/b/a The Boaters Bar This is a renewal for an Optional Premise (Stand Alone) Liquor License in Bond. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other Consent B. The Resort Company d/b/a The Terrace This is a request to modify the Licensed Premises. The Resort Company wishes to add the indoor pool area and foyer area for the Leonard Meeting Room. Both areas are existing spaces within the building and the use has been approved by the property's Board of Directors. The application is complete and the necessary fees have been paid Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for April 24, 2007, consisting ofItems A-B. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. McNulty Ranch Open Space Question Lisa de Graaf, Community Development Ms. De Graafpresented the request. She showed some maps and slides related to the property. Commissioner Runyon stated that he felt there were two possible options; both of which would fund the request. The first would include funding the request in full this year and the other would be to split the payment into two years. Legally funding could not be committed to for future years, but the structure could be created that 3 04/24/07 if the funding were not provided in year two, the deed would be turned back to the owners unrestricted. He wondered whether option two would be a viable solution. Shannon Meyer with Aspen Valley Land Trust indicated that they are u~ing an outdated appraisal at this time. The landowner is willing to keep the same price, but in future years the amount could increase. Commissioner Runyon indicated that he didn't see the reason behind this argument. He ~uggested that there would be an agreement of two payments and if the county 'were to default on a payment, the details would have to be considered. Sara McNulty asked for some time to discuss the question. She indicated that the family is amenable to the request to fund the proposal in two payments. Cotnmissioner Fisher thanked the family for their flexibility. She also commended the family for their willingness to include local children in learning what ranching was all about. Ms. McNulty stated that they had done a lot with education for children on the ranch and she had spoken to other schools about grazing issues and ranch activitie~, Commissioner Fisher thanked Ms. McNulty for their position on this type of education. Ms. McNulty thanked the board. Ms. Meyer indicated that the Aspen Valley Land Trust would hold the easement. Commissioner Runyon stated that he has been struggling with this request, as he believes that many o(the conservation values could have been achieved in other ways. However, the preservation of the history and heritage of ranching could not have been achieved in other ways. He thanked Ms. McNulty for carrying on this valuable heritage. Mr. Treu stated that Commissioner Menconi relayed to him in an earlier conversation that he was supportive of the project. Commissioner Runyon moved to contribute $1,926,540.00 towards the purchase of two separate conservation easements on the McNulty ranch, the first purchase to occur in calendar year 2007 the second to occur in calendar year 2008 subject to funds being budgeted and appropriated and further provided that the board of county commissioners have an opportunity to review and approve the conservation easements as presented. Chairman Pro Tem Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Resolution 2007-044 declaring the week of April 21-28, 2007 as National Infant-' Immunization Week Kate Forinash, Health & Human Services Ms. Forinash introduced Kristin Dietrich. Ms. Dietrich thanked the board for their support through this resolution. She will be speaking on the radio to discuss the significance of this week. There would also be a special hospitaltour for Eagle County children and their families. These tours will be bilingual. This week celebrates achievements that could not be accomplished without cooperation of many agencies. Colorado is one of two partner states which participate in this immunization week commemoration. Vaccines are arnong the most cost effective tools available for preventing disease and disability. Children are vaccinated 28 times in the first year of life. In Eagle County there are approximately 1500 children under the age of 1 year. Commissioner Fisher appreciates the program and applauded the efforts of the staff of Health and Human Services, Commissioner Runyon agreed with Ms. Fisher's comments and thanked the staff as well. He stated that there are a handful of people who are against immunizations due to adverse reactions to these immunizations. This is extremely rare. Society has forgotten the incredible toll these diseases had in the past. In a statistical sense the risk is reasonable because of the extraordinary benefit to the overwhelming majority. Commissioner Runyon read the resolution and moved that the Board approve Resolution 2007-044 declaring the week of April 21-28, 2007 as National Infant Immunization Week. 4 04/24/07 Commissioner Fisher seconded the motion. Of the two voting cotnmissioners, the vote was declared unammous. Commissioner Menconi was present for this presentation. Resolution 2007-045 adopting a Second Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2007 and authorizing the transfer of budgeted and appropriated monies between various spending agencies Kathleen Forinash, Health and Human Services Director and John Lewis, Finance Director Ms. Forinash thanked the cotnmunity representatives for their help with the creation of this proposal. She showed a PowerPoint presentation highlighting the needs for this request. Young children comprise 16% of our total population. Children and families impacted by this proposal cross all income levels. She stated that child Ca.re is difficult to find and is often very expensive. Currently child care is only available for 12% of infant and 40% of needs for 3~5 year olds. The early childhood proposal will encourage parents to participate in child screening for disabilities and connect affected children with services to help. The most significant period of brain development occurs in early childhood. This proposal is comprehensive and addresses multiple needs. She listed the components of the proposal and the associated costs. Assistance would be offered to families up to 225% of the federal poverty level. Health and safety initiatives wiUreach all children under 9 in the county. Dental care will reach all children without dental care under the age of 9. The supplemental budget will begin funding these needs this year. The request is $822,759 of which $577,574 would come from the county general fund. Mr. Lewis spoke about the financial aspects. He thanked Ms. Forinash and Ms. Preytis for their work Qn this proposal for the rest of2007, They are asking for about $570,000 but the total expenditures would be closer ( to $822.000. Full year funding would be included in future year's budgets. Chairman Menconi stated that the supplemental budget also included a $215,000 carry forward fromthe capital improvement fund. Commissioner Runyon asked Mr. Lewis whether the$350,QOO match would be spent. He wondered ifit made sense to put that fund into this supplemental. Mr. Lewis stated that they assumed that $177,000 of the community match would be achieved for 2007'. Should this not be the case either the expenditures would be adjusted or additional funds would be requested. Commissioner Runyon wondered about budgeting the revenue without knowing who would be coming forward with these matching funds. ' Chairman Menconi stated that there is great optimism for these funds being available. He stated that this would be a placeholder and if not spent would go back into the unallocated reserve fund. Chairman Menconi opened public comment. He asked that comments be limited to three minutes and thanked the public for bringing their opinions forward. Maryann Stavney spoke to the board. She was present as an educator and school board member. She thanked the board for looking into funding for early childhood programs. Across the nation there are many entities trying to find funds for these purposes. She thanked them for looking for these funds in the county budget. She sees the need for this type of spending. The school district runs at a deficit to keep these programs staffed. This deficit is anywhere from $200,000 to $300,000 per year. She expressed interest in the matching grant prograrn. Ed O'Brien, resident of Edwards for about 16 years spoke. He expressed support for this request. He stated that it is really easy for persons of good will to object to this proposal on the basis that these needs should be provided by parents, but the facts are that not all parents are capable of providing this care. He. is pleased to be part of a group that will try to raise the $350,000.00. He stated that it will be easier to raise the money if potential contributors can be made aware that their dollars will be matched. He encouraged support of the entire proposal. Sandy Skiles spoke to the board. She is a resident of Burns. She stated that the vote was no on this issue. She also stated that she took in two grandchildren who were abused. These children were forced to be put in day 5 04/24/07 care in which they were still abused. The government cannot change what happens in the home. She doesn't agree with starting new programs which are not already in place. Susan Nottingham spoke to the board. She is a taxpayer in the county and she also voted no. Her family raised her family. They work hard for their money and no means no. Shebelievesit is arrogant and irresponsible and a slap in the face for those who work hard to say that their vote doesn't count. Mike Lederhause spoke. He also voted no. He is also offended that this is being considered at this point. During a recent meeting there were many bleeding heart liberals speaking about how wonderful this program would be. He wondered if open meetings were held about this request. Beatrice Garcia stated that she supports this plan as she is a single mother who is trying to secure affordable child care and highlighted her budget. She is living here because she loves Eagle County. She can work and make money, but she wants something that is affordable for her. She stated that most people want support and they can do the rest. Carolyn Cage spoke on behalf of the Rotary Child Development Project. She has assembled a database of instances where funds were provided for urgent medical needs, but the needs have surpassed what Rotary can provide; A healthy community is the right place to raise our children. Jared DeSalva, Deacon of St. Mary's spoke to the board. He stated that since 1991 St. Mary's has had a preschool. The parish has supplemented this operation and all children are welcome. In his previous life 'he was a police officer in Texas and the majority of his work was spent in the child abuse arena. He knows that every child cannot be saved. Children and families will fall through the cracks. He asks at what price we put the life of a child. At what price do we decide that a child's life is not worth it or has no potential. He is in support of the expenditure. James Wilkens, representing several areas of interest, being the father of two children spoke. He works with several people who have two incomes. The costs in place are onerous. The average family could spend $25,000 to put two kids in daycare full time. So many families are spending 40-50% of their income on housing as well. He appreciates the positive consideration of this request. He offered to write a check for $1'000.00 to help with this matching grant. Susie Davis spoke. She works with the Youth Foundation and is a parent and has been a foster parent. She stated thather heart goes out to Sandy Skiles. She points out that the job of our government is the care and guidance of those who cannot care for themselves whoever these people may be. We do know about these needs in our community. She commends Ms. Forinash and her group for putting together this proposal. Wade Hilkens with Red Canyon High School spoke He presented some parents who had benefited from the teen parent program the county has provided. The current program has allowed several ofthese students to stay in school as well as raise their children. Sheri Mintz spoke. She is committed the program ofearly childhood initiative. She has spent many years counseling individuals through complex situations and is very aware that early intervention is the most impdrtant factor and will help children become strong, safe and responsible citizens. Greg Osteen of the Salvation Army and Vail Valley Cares spoke. He stated that during his casework with the Salvation Army he has'been made aware that there are many in this valley who find it so expensive to pay for childcare needs and any help would be beneficial. JennyWahrer also spoke. She has a strong belief that the beginning years are the lasting years for children, families and our communities. She thanked the board for their support for early childhood programs. Meg Hartley, a local physician's assistant spoke. She has been providing health care for 17 years in this Valley. She has recently started working with the Hispanic community. She believes in the early childcare movement. In order for these kids to start assimilating these programs will help all kids when they get to school. Tsu Wolin Brown stated that she was present because she works with the Salvation Army and sees what happens when low income children don't get their needs met. She has seen positive examples of screening for children. She has seen first hand the benefits of early childhood intervention. Chairman Menconi closed public comment. Commissioner Runyon stated that there is a continuum of opinion about this issue. On one side people believe that it isn't government's role to provide these services. The other side is that services should be provided cradle to grave. The election asked ifthe taxpayers wanted to fund 3.3 million to fund these services. 7500 voted it down and 5500 voted to tax themselves. The 5500 people are also voters who require attention as much as the 6 04/24/07 7500. There'is no tax increase. We are a rich county and no longer have a county of 4000 people that some grew up in. It is a complex county. There is a difference between the real and ideal world. The committee first asked for $6,000,000 and realized this was too much. They adjusted this request to $3,300,000 which was voted down. Ms. Forinash then asked for $1,600,000 to be funded from the existing tax revenues and budget. After further deliberation, they cut it down to the bare minimum and came up with the $700,000 plus the matching challenge to the community to get the community involved and not have it be just a government handout. The current configuration includes government money and community challenge funds. The county is pledging less than a third of what was voted on. He believes this compromise solution is the best way forward. They are respectful of the voter's statements. The county budget grows 6% per year. This indicates tremendous growth and includes other problems such as early childhood needs. He stated that of the 7500 who voted itdown there are probably many who agree that the services are needed, but a tax increase is not preferable. The reality is that Eagle County is about on par with the rest of the state with its provision of Health and Human services. Counties in Colorado are not necessarily rich. Our county has more wealth and has a responsibility to provide for the least among us. Commissioner Fisher thanked all who spoke on this issue. She stated that all meetings concerning this issue Have been noticed and are public meetings. She has lived in this county for almost 29 years. She is the working class. She is not a parent however. She and her husband decided to live in Gypsum as it was theonly place they could afford to live while they worked hard to increase their opportunities. She and her husband decided to not have children and it is a decision that she regrets even though it was made for financial reasons. There are those who are opposed to reaching out to families who are struggling whether single parents or those ifi the banking industry with two family incomes. She has received emails which suggested that people shouldn't have children if they haven't figured out how to do so without support. To suggest that families don't have an opportunity to grow and become families here because they can't afford it seems unreasonable This posture is terribly short sighted. It is irresponsible not to provide help to families. She spoke with some families over the weekend and asked about their personal situations. She knows that people wonder if those who will need help are documented or undocumented and she believes that it doesn't matter as these people are living and working in our community and helping to build this county and support the services. To offer working wages is very important. She believes the community has been negligent overall by keeping the wages low. We are all in this together; there is interdependency and an opportunity to reach out to people of all ages and to celebrate the differences to build a stronger community. She is proud of the decision that is being made. Chairman Menconi stated that he is honored and blessed to be part of this conversation; this is ) conversation that he has been involved in for many years. To be part of a community and part of a board and part of a discussion that's representing the neediest group in our community, children of need is a great honor. He gives thanks to God for the blessing to have the opportunity to be able to vote on these dollars and to be part of community that believes in putting kids first. He ran for public office on the basis of social justice, and was elected twice. He sees that he is representing the people who put him in office and representing the constituency of the businesses that are looking for assistance in maintaining the working class families. He quoted an Arch Bishop from Brazil stating, "When I give food to the poor they call me a saint and when I ask why the poor have , no food they call me a communist". He believes it's a perfect quote for an elected official who advocates for social justice and could be a warning for someone running for office in Eagle County. He represents early childhood development and he believes that by virtue of him sitting on the board it is his responsibility to advocate and bring this issue forward and maintains this dialog. He gave thanks to his two fellow commissioners for maintaining a dialog, to Tom Stone and Peter Runyon for voting two years ago for dollars to do a countywide assessment, which indicated, there was need. Typically when a study is conducted the understanding is that there will be a fiscal impact should the need be proven. The voters turned down a tax but the board is representing what they believe is important and needed in Eagle County and the County has the dollars to do it. For those who doubt these expenditures, he reflects on the story of the Good Samaritan in the bible, and that's how he sees his I role in this community. He wonders how others cannot have compassion for other people. Politicians are here to represent public health and safety. He learned about early childhood development through friends 12 years ago who had adopted foster children who were beaten, abused and neglected before the age of five. Those children are now entering college and had to be placed in a special caring home, they can not lead a normal life. He thanked everyone for giving their time in the middle of the day to show their support for the program. 7 04/24/07 x x x x x x . Xl Xl- See above. See Conditions 3, 4, 5, 9, 11 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact Oil Public Facilities. [Section 5~250.B.6J The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, ,schools, police and fire protection, and emergency medical services. Xl- The access to the property does not meet the standards as found within the Eagle County Land Use Regulations; however, the applicants have provided a tentative plan for upgrading the road to an appropriate level. X2- The Basalt and Rural Fire Protection District has significant conditions, which the applicants must incorporate into their proposal prior to achieving their support. See Conditions 3, 4, 5,9, 11 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . MEETS THE MAJORTIY OF MlNIMUM(ST ANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5-250,B. 7J The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. 15 04/24/07 x x x x x x x x x x x x x x x x x x x x x x Off-Street Parking and Loading Standards (Divisi,on 4-1) Landscaping and Illumination Standards (Division 4-2) Sign Regulations (Division 4-3) Wildlife Protection (Section 4-410) Geologic Hazards (Section 4-420) Wildfire Protection (Section 4-430) Wood Burning Controls (Section 4-440) Ridgeline Protection (Section 4-450) Environmental Impact Report (Section 4-460) Commercial and Industrial Performance Standards (Division 4-5) Noise and Vibration (Section 4-520) Smoke and Particulates (Section 4-530) Heat, Glare, Radiation and Electrical Interference (Section 4-540) Storage of Hazardous and Non-hazardous Materials (Section 4-550) Water Quality Standards (Section 4-560) Roadway Standards (Section 4-620) Sidewalk and TrailStandards (Section 4-630) Irrigation System Standards (Section 4-640) Drainage Standards (Section 4-650) Grading and Erosion Control Standards (Section 4-660) Utility and Lighting Standards (Section 4-670) Water Supply Standards (Section 4-680) Sanitary Sewage Disposal Standards (Section 4-690) Impact Fees and Land Dedication Standards (Division 4-7) ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . . MEETS TIlE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 8 2 9 5 10 6,4 3, 4, 5, 9, 11 3,9 3, 4, 9,11 10 6,7 10 Applicable STANDARD: Other Provisions. [Section 5-250.B.8] The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. 16 04/24/07 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS ..... MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Engineering Department - Please refer to attachment dated April 17, 2007: . I have reviewed the materials sent by Douglas Pratte on April 17, 2007; . From these plans, it appears that the proposed improvements are feasible, and the safety improvements can be made; . At this time, the Engineering Department's concerns have been adequately addressed; . If this application progresses, plans with construction level details and approval of the design from the Basalt & Rural Fire Protection District will be required with the grading permit application. . See condition 11 Colora.do Geological Survey- Please refer to attachment dated March 22,2007: . In response to your request I visited this property to review the development plans. . An Application for Special Review (11/15/07) prepared by theULand Studio included the countY 1041 hazard and geology maps, a Subsurface Investigation and Revised Onsite Wastewater System Design (1/18/07) prepared by All Service, and a Response to Comments on the "existing stream" (12/28/07) prepared by Sopris Engineering. During the site visit I noticed some stakes for borings labeled HP, but no report by HP Geotech had been submitted to the county. The proposal is for a primary residence and an accessory dwelling unit on the 10-acre property. The site.was mostly snow covered at the time of my visit; . Scale. Is the scale correct on the Site Plan (2/14/07) prepared by Mata Design? If so, the 100-ft well radius is actually closer to 125 ft; . Slape. I did not observe signs of slope instability during my visit, but steep cuts into the hillside would probably need to be supported. . The primary residence is located on 12-15 percent slopes (if the scale is correct) and a rCjtaining wall is shown on the site plan. . The ADU is located on 20 percent slopes, but a retaining wall is not shown for this building. To level a space for the building pad, a retaining wall should be considered, or the structure should be designed so that the rear wall acts as a retaiIling wall; . A retaining wall is shown for the access road before it enters the site. If the road would be widened, a retaining wall would probably be required for the road in the vicinitY ofthe ADD; . The access to the property from King's Ranch Road is very steep over a short distance. . The grade on this road might need to be adjusted for construction equipment and emergency vehicles; . Drainage. A stream is shown on the site plan. . This feature is discussed by Sopris Engineering as a spring with appropriated water rights, which does not have an identifiable channel as larger gu1chdrainage, and which has a limited tributary basin; . The spring/stream drainage is identifiable on air photos, but otherwise is as described by Sopris; . The design for the crossing of the spring must comply with requirements of the Army Corps of Engineers, per the memorandum by Andrew Antipas, ecological and environmental consultant (12/21/06), included in the application; . Site grading should provide a positive slope around the structures and a means to direct runoff from the hillside away from the buildings. . If additional seeps are found that would affect construction, interceptor drains might be considered. For below grade construction or walkout basements, a subsurface drainage system should be considered, which either daylights or that discharges to a sump that could be pumped. Ground floors should be a minimum of 3 ft above seasonal high groundwater. . The foundation design for the retaining wall should also include a subsurface drain to prevent the buildup ofhy.drostatic pressures that could reduce soil strength; 17 04/24/07 · Soil/bedrock. The site is mapped as a debris fan deposit, but it is unlikely that the development would be impacted by flows originating in the nearby drainage to the west; · The subsurface soils should be collected from the building envelopes and tested for geotechnical characteristics; · Foundations, floors, and retaining walls should be designed accordingly; · Erosion. An erosion control plan should be in place before grading at the site begins; · This is especially important to prevent sedimentation of the Frying Pan River. Significant clearing will be necessary for the ADU; disturbed areas should be reseeded as soopas possible. · Onsite wastewater systems. The constraints for leach fields are the slope and the need for pumps, and the proximity of the Frying Pan River (and the spring/stream); · The report by All Service describes the site conditions discusses OWS that would be appropriate for the development; · The dispersal areas for the leach fields should be designed to have no or little contact with the ~~ , · In summary, there are no geological conditions that would preclude the development, but the steep. slopes will need to be evaluated for retaining walls as cuts are made for the road alignment and the building pads. . See condition 9 Town of Basalt - Please refer to attachment dated March 12, 2007: · Due to our Planning and Zoning Commission schedule we were not able to formally present this referral to the Commission; · Town Staff has met with Julie Pratte from the Land Studio and prepared the following staff comments for your consideration: I · The Town supports significant and permanent wildlife and habitat protection measures and mitigation of impacts on the site, such as conservation easements, re-vegetation, and tree replacement. · The Roaring'Fork Conservancy has been contacted regarding this referral and could provide additional insight and recommendations on wildlife and habitat protection strategies; · The Town supports the Applicant's proposals for limits on domestic animals, fencing, and lighting in order to lessen impacts on wildlife and habitat; · Legal tools to simplify enforcement of these provisions should be considered as part of the final approval documents; · Techniques to lessen visual impacts and disturbance associated with the retaining walls and their construction should be considered by the County; · The highest quality individual sewage disposal systems should be considered in order to protect water quality in the Frying Pan River; · Limits on high volume producing elements such as hot tubs should be considered; · No direct discharges to the Frying Pan River should be permitted; · Mapping of existing vegetation and major stands of trees should be provided with specific tree protection measures and fencing required during construction activities; · Additional technical analysis of drainage issues and soils should be provided including the debris fan referenced in the application submittals; · The Town also supports a smaller sized accessory pwelling unit more consistent with that allowed within the Town limits; . See conditions 1, 3, 9, 10 Basalt and Rural Fire Protection District - Please refer to attachment dated March 21, 2007: · On Wednesday March 21, 2007 I met with Doug Pratte of the Land Studio and Paul Rutledge of Sopris Engineering on site at the White/Morris property to refine obligations for the fire protection plan drafted for the property in the Special Review for Accessory Dwelling Unit application they filed with Eagle County. Of interest to the fire department are the following commitments by the applicant for the fire protection plan: 18 04/24/07 . The bridge that crosses the Frying Pan Riveris presently rated at32,000 pounds and is not labeled as such. At this rating a fire truck full of water cannot pass over this bridge without the possibility of collapse. The options for dealing with this weight limitation are: . Improve the bridge to allow a load weight of 60,000 pounds. After the improvements, the bridge will again be rated and a sign posted with the safe weight that may pass over the bridge, or; . Provide a 15,000 gallon water supply at the pullout between the primary residence and the ADU as illustrated on the Access Drive Design Site Plan included in the Special Use Permit submittal; . If the bridge is improved to allow a load weight of 60,000 pounds, in addition to the water supply for the fire sprinkler sysrem, a 5,000 gallon water supply at each residence or a 10,000 gallon combined water supply for manual fire suppression will be provided; . Location of the outlet for the tank shall not be any closer than 50 feet to any structure. The outlet shall be placed adjacent to a pull off of size stated below; . The location of the outlet at the one pull off shown on the road to the ADU is in a good location. This will be confirmed during the plan review phase; . Discussion with the owner of the road past the bridge who has granted easement to WhiteIMorris is needed regarding the first switchback. At present this part of the road is not negotiable by a fire truck of any size without extensive turning and backing; . The recommended radii for a curve are 30 foot inside radius and 50 foot outside radius; . Realizing that meeting these dimensions may be construed as a hardship in tpis case, we recommend that the switchback is re-configured to get as close to the 30/50 foot radii requirement as the terrain allows so that emergency vehicles can complete a 3-point turn at this location; . Any curves after this switch back shall conform to the 30/50 foot radii requirement; . Driveway dimensions on this property shall be 14 foot width up to 150' and 16 foot for any driveway over 150'; . As configured on the site plan, the driveway to the main residence shall be 14' and the driveway to the ADU shall be 16' wide respectively; . In all cases, a vertical clearance of 13', 6" shall be maintained throughout; . Grades on all driveways shall not exceed 10% except for the short span of driveway that is currently 14% as illustrated in Main Driveway Access Profile; the 14% grade can be regraded to 12% due to its short distance and clear visibility; . The surface shall be an all weather surface ASME H-20 rated road capable of withstanding 60,000 pound truck loads; . Access to the buildings shall be designed so that a fire truck may reach all points of the perimeter of the building with a 150' hoseline; . The modified Hammerhead configured where the ADU drive meets the Main Residence drive is acceptable as proposed; . The pull off between the primary residence and ADU as illustrated on the Access Drive Design Site Plan adequately provides a 10 x 50 foot dimension pull off that may be used as the staging site for a truck involved in water drafting operations from the on site water supply discussed above; . Due to the location of this site relative to the closest Basalt fire station, and the narrowness of the roads, a fire sprinkler system will be required at both structures. . A 13D system with modifications specified by the Basalt Fire Departments amendments to the accepted International Fire Code, 2003 will be installed; a 30 minute water supply for the fire sprinkler system in both units is necessary. . This requirement and others associated with the above fire sprinkler systems and underground piping shall be reviewed upon presentation of the site and fire sprinkler system planes); . The issues that affect the site and buildings relative to the Wildfire Mitigation Review have been addressed by the Eric Lovgren, Eagle County Wildfire Mitigation Agent; . The Basalt and Rural Fire Protection District has coordinated the above fire protection plan obligations with the applicant and supports the Special Use Permit application for an ADU if these conditions are met; . See conditions 3, 5, 9, 11 19 04/24/07 Eagle County Environmental Health Department - Please refer to attachment dated March 16, 2007: · We're pleased to see that the applicant includes several appropriate environmental mitigation techniques or best management practices,(BMPs) into the development of the site, especially as it relates to the detention and infiltration of storm water emanating from the site; · It is expected that the infrastructure be shown on the storm water management plan and included with either the building or grading permit for the project; · The development might consider a commitment to down-cast and energy efficient lighting to further reduce environmental impacts and protect the night sky; · The one issue that does need to be resolved is that the final engineer designs used for ISDS permitting will need to incorporate denitrification technology into each wastewater system plan as committed on pagt; 11 of the application. · Currently, the engineer's drawing demonstrates that there is room on each lot for an alternate drain field but does not show any advanced wastewatertreatrnent process. . See condition JO Eagle County Engineering Department - Please refer to attachment dated March 16, 2007: · (1) With relation to safety concerns, we need an acceptance letter from the emergency service providers for this area. For safety, we are concerned about the adequacy of the access and the water supply. · (2) The access driveway design must meet the Eagle County Land Use Regulations (ECLUR) for driveways (section 4-620.J.9). · Our standards allow for a maximum driveway grade of 10% on south slopes, and the maximum proposed grade is over 14%. · The other problem with the steep section is that it is covered by dense foliage which will cause slow melting and drying of the road after precipitation. · Considering this fact, we would suggest that the grade is dropped closer to 8%. · This is a safety concern because the road may not be passable in times of inclement weather. · (3) It appears that the proposed driveway crosses the existing Kings Ranch driveway which, if my memory serves, would put the proposed driveway in the middle of one of the existing cabins. · This must be corrected or explained on the site plan, and the existing improvements in the area in question must be shown. · (4) The site plans in their current state are not scalable; we must have scalable drawings to fully assess this application. Please provide drawings to scale when the changes are made. · (5) There are a number of retaining walls shown on the site plan, but there is no information on the heights of the retaining walls. · At a minimum, we need to see top and bottom of wall elevations or wall heights; we would appreciate more wall details, but that is not required at this time; · (6) If this application is approved, a grading permit will be required prior to commencing the construction of the proposed driveway. · Letters of approval for grading on any properties other than the owner's property must be included in that application; · (7) For the stream crossing, more information will be required when the time comes for the Grading Permit Application; refer to section 4-620.K of the ECLUR for an explanation of what we require; · (8) Erosion control and re-vegetation plans will be very important if this gets to the construction phase; · Due to the proximity of this project to the Frying Pan River, the erosion control will be closely scrutinized during the Grading Permit review; · One of the primary concerns for this application to proceed is that there is adequate access to the site. Comment one is required for this application to progress and must be addressed; · Comments two and three must be addressed to show that the access is acceptable; · Comments four and five must also be addressed at this time and are necessary to clarify questions about the site plans; · Comments six, seven, and eight are items of concern but are not required for this Special Use Permit application. · See Conditions 3, 4,5, 6, 7, 8, 9, 11 20 04/24/07 Basalt and Rural Fire Protection District - Please refer to attachment dated March 15, 2007: . This discussion is presented after a site visit and review of the Special Review for Accessory Dwelling Unit presented by The Land Studio representing the owners of this property. .' Of interest to the fire department is the fire protection plan that has been formulated. . The following are components of the plan but are not necessarily all the components of an effective fire protection plan. . The bridge that crosses the Frying Pan River is presently rated at 32,000 pounds and is not labeled as such. . At this rating a fire truck full of water could not pass over this bridge without the possibility of collapse. . Improvements to the bridge are needed to allow a load weight of 60,000 pounds. . After the improvements, the bridge shall again be rated and a sign posted with the safe weight that may pass over the bridge; . Discussion with the owner of the road past the bridge who has granted easement to WhitelMorris is needed regarding the first switchback. . At present this part of the road is not negotiable by a fire truck of any size without extensive turning and backing. . The recommended radii for a curve are 30 foot inside radius and 50 foot outside radius. . Realizing that meeting these dimensions may be construed as a hardship in this case, we recommend that the switchback is re-configured to get as close to the 30/50 foot radii requirement as the terrain allows. . Any curves after this switch back shall conform to the 30/50 foofradii requirement; . Driveway dimensions on this property shall be 14 foot width up to 150' and 16 foot for any driveway over 150'. . As configured on the site plan, the driveway to the main residence shall be 14' and the driveway to the ADU shall be 16' wide respectively. . In all cases, a vertical clearance of 13', 6" shall be maintained throughout; . Grades on all driveways shall not exceed 10%; the surface shall be an all weather surface ASME H-20 rated road capable of withstanding 60,000 pound truck loads; , . Access to the buildings shall be designed so that a fire truck may reach all points of the perimeter of the building with alSO' hoseline; . A modified Hammerhe~d configured where the ADU drive meets the Main Residence drive is acceptable; . As the driveway to the ADU exceeds 400 feet a pull off, lOx 50 foot dimension, is required at 250 feet and every 400 feet thereafter. . One of these pull offs may be used as the staging site for a truck involved in water drafting operations from the on site water supply discussed below; . Due to the location of this site relative to the closest Basalt fire station, and the narrowness of the roads, a fire sprinkler system will be required at both structures. . A 13D system with modifications specified by the Basalt Fire Departments amendments to the accepted International Fire Code, 2003 will be installed. . A 30 minute water supply for the fire sprinkler system in both units is necessary. . This requirement and others associated with the above fire sprinkler systems and underground piping shall be reviewed upon presentation ofthe site and fire sprinkler system planes); . In addition to the water supply for the fire sprinkler system, a water supply for manual fire suppression is required. . Typically the volume required is based on the volume of the buildings with an allowance granted for the fire sprinkler systems, with a minimum of 5000 gallons. . A tank for each building may be supplied, or the volumes for the two units may be combined into one tank. . Location ofthe outlet for the tank shall not be any closer than 50 feet to any structure. The outlet shall be placed adjacent to a pull off of size stated above. . The location of the outlet at the one pull off shown on the road to the ADU looks to be in a good location. This will be confirmed during the plan review phase; 21 04/24/07 . The issues that affect the site and buildings relative to the Wildfire Mitigation Review have been addressed by the Eric Lovgren, Eagle County Wildfire Mitigation Agent. Colorado Division of Wildlife - Please refer to attachment dated March 14, 2007: . Wildlife uses riparian-wetland areas disproportionately more than any other habitat; . In fact, riparian areas are only 3% of the total land area in Colorado but 80% of wildlife use it at one time in their life cycles; . Riparian areas also function as effective filters for runoff and flood events and provides good stream shading lowering water temperatures and stabilizes streambanks; . The Frying Pan River is classified as a gold medal stream (high quality fishing- desirable by fishers); . It is important to maintain an intact, functional riparian area, which the ECLURs provide; . We recommend that no structures be placed within the 75 foot stream setback area, nor should any more clearing of vegetation be allowed; this includes gazebos or storage sheds within the 75 feet; . The mapping of bighorn sheep is incorrect; there is no habitat on the south side of the river. . See condition 2 Eagle County Wildfire Mitigation Specialist - Please refer to attachment dated March 12,2007: . The overall wildfire hazard rating for this property is High to Extreme. . This rating is based on fuel types present, topography, slope, access, and water supply; . In order to build on this property, the owner must take steps to mitigate the hazard to High. . The applicant addresses this in the request for a special use permit, and has met with me once onsite to discuss what steps will need to take place in order for this to happen. · A detailed, site-specific, wildfire mitigation plan will be made available to the owner during the building permit application process. . Complial,lce with this plan will be necessary for the owner to receive a Certificate of Occupancy; Eagle County will have oversight of all wildfire mitigation actions taken on this property; . Tqe applicant's plans for the creation of defensible space around both the Primary Dwelling Unit and the Accessory Dwelling Unit (ADU) are in compliance with Eagle County's Wildfire Regulations; · The company performing the tree removal on this property, FireReady LLC, is an approved wildfire mitigation contractor recognized by Eagle County; · In addition to the creation of defensible space, the applicant will have to follow Eagle County's construction guidelines for wildfire areas; for this property that will include: Class A roof assembly, non-combustible siding, and a fire resistant deck; · The proposed location of the ADU on this property is located near the Frying Pan River; · In order to complete the defensible space work needed to protect this structure, we will need to thin vegetation within the 75 foot river corridor set-back; · The Eagle County Land Use Regulations allow vegetation removal from this set-back for wildfire mitigation; to minimize stream bank erosion, any thinning in this area will be minimal. . See Conditions 5 Eagle County Assessor's Office- Please refer to attachment dated February 21,2007: · The "Order of Inclusion" into the Basalt Water Conservancy District (BWCD) provided in this project cannot be worked due to incorrect and insufficient property legal descriptions provided on the Order; · The Assessor's office has notified Balcomb & Green, P.c., attorney's for the BWCD, asking that they resubmit the Order to the Court with a corrected legal description recorded at the Clerk and Recorder as of this date; . See Condition 6 Additional Referral Agencies - This proposal was referred to thefollowing agencies with no response received as of this writing: · Eagle County: Attorney's Office; Road and Bridge Department;. Sheriff's Office; Weed and Pest; . USFS; Basalt Water Conservancy District C. SUMMARY ANALYSIS: Benefits/Disadvantages. 22 04/24/07 There are many items that need to be satisfied prior to the issuance of any "next phase" permit including either a grading permit or a building permit. So far, it appears as though the disadvantages of this application outweigh the benefits. Benefits: The Eagle County Comprehensive Plan encourages the approval of Accessory Dwelling Uses in unincorporated Eagle County. The Town of Basalt is also in support of this application. The applicants will have to modify the bridge and access road from the Frying Pan Road to the actual WhiteIMorris property. Without these off-site improvements, both the Fire District and Eagle County would have difficulty supporting the construction of a primary and second dwelling unit; however, there is an opportunity through this Special Use Permit to upgrade the otherwise substandard access and bridge to meet the standards as set forth by emergency service providers for this area. As the majority of improvements are off-site on the King Ranch, without this Special Use Permit, it may have been more difficult to achieve these off-site upgrades with only the building permit review for the primary residence (a use by right) on the owner's property. In addition, the improvements will benefit those residents on the King Ranch and for properties immediately neighboring the WhiteIMorris property; thus providing fire protection to multiple persons and properties. Disadvantages: The Frying Pan Road is currently substandard for the existing traffic. As previously stated, the Mid Valley Community Master Plan states that: The traffic generated by the number of built units existing in the Frying Pan and Ruedi Reservoir area plus unbuilt but approved units exceeds the comfortable carrying capacity of the Frying Pan Road. Frying Pan Road improvements must be in place before further development is approved. D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [SPECIAL USE PERMIT} request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [SPECIAL USE PERMIT} request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). ' 3. Table the [SPECIAL USE PERMIT} request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [SPECIAL USE PERMIT} request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Ms. Skinner Markowitz presented the file. The resource zone district permits an accessory dwelling unit on 23 04/24/07 35 acres or greater. This property is a 10 acre property, which is a nonconforming lot. The property was purchased by the current owner in 2005. She showed several photographs of the property and neighboring properties. The current bridge will most likely need to,be upgraded or replaced. The majority of the findings are positive. The Roaring Fork Planning commission recommended approval. Doug Pratt spoke to the board. Mackie Morris, owner of the property spoke. He owns a business in Eagle County and lives in Eagle County. He employs 40 people. This property represents a dream of his. Daryl White spoke to the board. This location represents a place that the family would love to come to. The family fell in love with the property. Mr. Pratt stated that the owners had worked with the planning department to address and resolve issues. They have had discussions with the neighbor and owner of the King Ranch. Mackie Morris stated that the upgrades to the bridge and enhancements to the road would benefit all of the properties across the river. Chairman Menconi opened and closed public comment, as there was none. Commissioner Fisher thanked the applicants. She wondered about the anticipated size of the primary dwelling unit. I Mr. Morris indicated that the primary unit would be around 4000 square feet and the Accessory Dwelling Unit would be approximately 1800 square feet. Commissioner Runyon wondered what type of county services would be available with the enhancements to the bridge and road. Mr. White stated that the Fire Marshall will not currently cross the bridge to service the property due to the inadequacy of the bridge. \ Commissioner Runyon wondered if this would become a county road. Mr. White indicated that it would remain a private road. Chairman Menconi stated that he was in favor of the proposal. Commissioner Runyon moved to approve file no. ZS-00150 WhiteIMorris ADU, incorporating staffs findings and including the conditions as recommended by staff numbering 1 through 11. 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards, 3. A separate grading permit is required prior to the issuance of a building permit for the primary dwelling unit. Grading plans shall include specifications regarding the access bridge and all off-site improvements. 4. An approval from the Army Corps of Engineers permitting the stream crossing is required, prior to the issuance of any grading or building permit. 5. All comments from the March 21, 2007 memo from the Basalt and Rural Fire Protection District must be adhered to and included as design aspects of the grading and building permits. 6. The amended Order of Inclusion from the Basalt Conservancy District must be recorded prior to the issuance of a building permit. 7. The well permit must be amended permitting two (2) dwellings to utilize the single well; or information must be provided demonstrating what the proposed water system 24 04/24/07 for the ADU will be if water is used from the '~P & M Spring and Pipe Line' prior to the issuance of a building permit for a second dwelling unit. 8. All exterior lighting on all structures shall be downcast. 9. All comments from the Colorado Geological Survey should be included as design aspects of the grading and building permits. 10. The final engineer designs used for ISDS permitting will need to incorporate denitrification technology into each wastewater system plan. 11. Comments as indicated in the April 17, 2007 and March 16,2007 memos from the Engineering Department must considered with any building and/or grading permits. Commissioner Fisher seconded the motion. The vote was declared unanimous. LUR-0071 General LUR Amendments Jena Skinner-Markowitz, Community Development NOTE: To be tabled to May 1, 2007 ACTION: General Amendments to Chapter 1; Chapter 2: Articles 2,3,4,5,7, Appendix A; and Chapter 3: Building Resolution Commissioner Runyon moved that the Board table file no. LUR-0071 General LUR Amendments until May 1,2007,. Commissioner Fisher seconded the motion. The vote was declared unanimous. There being no further business be OX "oi Attest:~ Clerk to the Boar 'ourned until May 1, 2007. 25 04/24/07