No preview available
HomeMy WebLinkAboutMinutes 08/28/13 PUBLIC HEARING August 27, 2013 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Ms.Ayres-Oliver 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: 1. Resolution 2013-078 Designating August 2013 as Child Support Month in Eagle County Kristie Williamson,Health&Human Services RESOLUTION DESIGNATING AUGUST 2013 AS CHILD SUPPORT MONTH WHEREAS, Eagle County's children need the emotional and financial support of both parents; and WHEREAS,the support of parents, extended families, and the community helps children grow into healthy productive adults; and WHEREAS,Eagle County is committed to promoting the health and well-being of all its children by ensuring that parents pay child support on a regular and timely basis and that children have access to health insurance; and WHEREAS,by proclaiming August, 2013 as Child Support Month,Eagle County intends to salute all parents who support their children and honor its four child support professionals. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,the month of August 2013 be proclaimed Child Support Month in Eagle County THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of August,2013. Kristie Williamson spoke about resolution that recognized the county's collection efforts and honored 4 child support professionals. She indicated that in 2012 $1,954,709.41 was collected in currant and pass due child support, an increase of 8%over 2011 and in 2012, 64%of families received the support they needed. In 2013, 67.1%of families are receiving the financial support needed each month. Collections so far through July were $1,263,090.23. She thanked the entire economic services team. 1 08/28/2013 Commissioner Chandler-Henry moved to approve the resolution designating August 2013 as Child Support Month in Eagle County. Commissioner Ryan seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: 2. Approval of Bill Paying for the Week of August 26, 2013 (Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of Payroll for September 5, 2013 (Subject to Review by the Finance Director) John Lewis, Finance 4. Approval of the Minutes of the Eagle County Commissioner Meetings for July 22, July 23 and July 30, 2013 Teak Simonton, Clerk and Recorder 5. Agreement between Eagle County and Waste Management Recycle America, LLC for Recycled Material Transport Ken Whitehead, Solid Waste and Recycling 6. State of Colorado Department of Transportation,Division of Transit and Rail,FTA Section 5311 Grant Agreement with Eagle County for Bus Replacement Kelley Collier, ECO Transit 7. Resolution 2013-079 Approving the State of Colorado Department of Transportation Division of Aeronautics Grant Agreement to Construct Snow Removal Equipment Facility Greg Phillips, Airport 8. Execution of Colorado Department of Transportation,Colorado Aeronautical Board Division of Aeronautics Grant to Construct a Snow Removal Equipment Facility Greg Phillips,Airport 9. Final Settlement of Contract with Grand River Construction for Missouri Heights/El Jebel Overlay Project Gordon Adams,Road and Bridge 10. Extension and Amendment of Cable Television Agreement between Eagle County and CenturyTel Televideo, Inc. Kris Friel, Communications 11. Agreement between Eagle County and Spohnheimer Consulting Airspace Systems, LLC for Analysis of Aircraft Approach and Departure Procedures Greg Phillips,Airport Greg Phillips introduced Jeff Brownback,the new Project Coordinator for the airport. Mr. Brownback spoke the contract between the county and Spohnheimer Consulting for analysis of approach and departure procedures. He explained that although there were benefits to the mountain terrain the weather requirements were a challenge. He believed that some improvements to certain procedures would improve arrivals and departures. There were also technological advancements that might also allow for improvements. 2 08/28/2013 Ken Whitehead spoke about the 4 year contract with Waste Management Recycle America. The county recycled roughly 6,000 tons per year. The project was bid out, and out of the 4 bids received,Waste Management was chosen. Siri Krenning from the Marketing Division of Waste Management spoke. They were excited to work with the county and hoped to get the most money back for the county. Kelley Collier explained that item 6 was a grant worth$663,000 of federal funding being filtered through CDOT for the purchase of ECO busses. Commissioner Ryan moved to approve the Consent Agenda for August 27, 2013, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner Ryan seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 12. Delta Whiskey,Inc. d/b/a Splendido at the Chateau #35-12299-0000 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 13.The Ritz-Carlton Hotel Company,LLC d/b/a Ritz-Carlton,Bachelor Gulch #41-17214-0000 Renewal of a Hotel and Restaurant license in Avon. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Other 14. Bookworm of Edwards,Inc. d/b/a The Bookworm #41-70921-0000 Report of Changes—The applicant has reported that Kristen Allio-Feichtinger is no longer with the company leaving Nicole Magistro sole owner of the business. 15. Beaver Creek Food Services,Inc. d/b/a Toscanini #04-51099-0015 Permit to Modify—Modification of Premises (Interior Remodel) The interior bar is being moved. The applicant has submitted the necessary forms and fees. 16. Beaver Creek Food Services,Inc. d/b/a Zach's Cabin Optional Premise#2 Mamie's #04-51098-0006 Permit to Modify—Modification of Premises (Exterior Remodel) An"umbrella Bar"will replace the"Yurt"and a walk-in cooler will be added to the deck area. The existing liquor boundary will not change. The applicant has submitted the necessary forms and fees. 3 08/28/2013 Commissioner Ryan moved that the Local Liquor Licensing Authority approve the Liquor Consent Agenda for August 27, 2013,as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 17. APPLICANT: Beaver Creek Food Services,Inc. TRADE NAME: Beano's Cabin LICENSE TYPE: Hotel and Restaurant with 1 Opt. Premise REPRESENTATIVE: Eric Pottorff, Director of Beaver Creek Mountain Dining LOCATION: Section 25 36 Township 5S Range 82 W (Beaver Creek Mountain) REQUEST: Modification of Premises -Permanent DESCRIPTION: The applicant wishes to expand the Beano's Cabin Optional Premises boundary to allow alcohol service in a garden area. CONSIDERATIONS: 1. The reasonable requirements and desires of the neighborhood. 2. Possession of the changed premises by ownership, lease, rental or other arrangement. 3. Compliance with the applicable zoning laws of the county. 4. Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college,university, or seminary. STAFF FINDINGS: 1. Staff has no information with regards to the desires of the neighborhood. 2. Public notice was given by posting a notice in a conspicuous place on the premises,August 16, 2013, at least 10 prior to the hearing. 2. Staff has no information with regards to compliance with zoning laws. 3. The applicant has submitted a Distance Requirement Affidavit indicating that the request complies with the distance requirements. DISCUSSION: Ms. Scriver presented the request. Mr. Pottoroff stated that they were looking forward to another good season. Commissioner Chandler-Henry moved that the Local Licensing Authority approve the request by Beaver Creek Food Services, Inc. d/b/a Beano's Cabin to modify the liquor boundary of the existing optional premises. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4 08/28/2013 Work Session -Morning 18. Single vs.Dual Stream Recycling Ken Whitehead, Solid Waste and Recycling Work Sessions -Afternoon Hays Companies Employee Benefits and Budget Discussion Lisa Ponder,Human Resources 19. Colorado Basin Roundtable Update and Grand County Request for Support of Colorado River Whitewater Park Caroline Bradford, Colorado Basin Roundtable Representative and Gore Canyon Whitewater Park Project Coordinator Planning Files 20. ZC-4068,AFP-4069 Remonov Tract K Sean Hanagan,Planning Rick Mueller: Remonov& Company, Applicant Rick Pylman: Pylman&Associates,Representative Note: Tabled from 06/18/13 &07/09/13 Action: The purpose of this zone change is to rezone the Current Commercial General(CG)zoning to a Residential Multi-Family(RMF)zoning designation with the intent of developing 16 Habitat for Humanity units. Location: Tract K of the Edwards Village Subdivision The staff report can be reviewed in the 6/18/13 BoCC meeting minutes. MEMORANDUM To: Board of County Commissioners From: Sean Hanagan,Planner II Community Development Department Date: August 21st 2013 RE: Update ZC-4068 Remonov Tract K At their regular meeting of July 9th, 2013, the Board of County Commissioners unanimously voted to continue the review of the Remonov Tract K(Eagle County File No. ZC-4068)until August 27th 2013. At the July 9th hearing The Board of county Commissioners requested that staff, the Board and the applicant find a suitable time to conduct a site visit. A site visit was conducted on July 12th 2013 to view the site parameters as well as staked building locations. Since the last hearing on the 9th of July no additional comments have been received from external referral agents. Attached to this memo is correspondence from Ben Gerdes of Eagle County Engineering. No response from the applicant has been received to date 5 08/28/2013 Rick, After seeing the location of the Dodd ditch in relation to the property line I have some questions about the ditch easement and the proposed buildings. The 1981 plat includes a legal description of the Dodd Ditch and specifies that there is an easement 15-ft wide on either side of the ditch centerline. We believe that this easement still exists on Tract K. The current proposed site plan shows the buildings very close to the 12.5-ft setback. It appears that the buildings would encroach on the ditch easement even if it was centered on the property line as I previously thought but now understand to be at least 6-ft onto Tract K. Please provide details on how this development could be designed to avoid encroaching on the Dodd Ditch easement. Thanks, Ben Benjamin Gerdes, P.E. Senior Staff Engineer Eagle County Government In light of the information gained while on the site staff would request to place an additional condition on the file to read. SUGGESTED CONDITIONS: 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. A detailed drainage study will be required prior to Building Permit submittal for the first structure. This study shall include field survey, site design, 100-YR WSEL and any mitigation design. 3. The Applicant's Housing Plan shall incorporate the receipt of 1 square foot of housing credit for each square foot of affordable housing built on site. The credits will be awarded upon receipt of certificate of occupancy of the unit and proof of residency of an Eligible Household. The credits can only be used in the area defined in the Edwards Area Community Plan. 4. The applicant shall redesign the site plan to minimize conflicts on the site associated with both the access road as well as the Dodd Ditch. DISCUSSION: Mr. Hanagan reviewed the request. This was the second hearing, since the first hearing the board had the opportunity to visit the property. There had been additional comments received by staff which were included in the memo. An additional condition had been added that would require redesign of the project to minimize the impacts to the access road and Dodd Ditch. Ms. Ayres-Oliver spoke about the site visit. The site visit allowed the board to review the physical layout of the site. There had been no discussion during the site visit. She reviewed the 5 standards the board had to consider. The Planning Commission did not review the request to amend the final plat. Rick Pylman introduced Rick Mueller,and Gregg Perkins; Legal Counsel and John Welaj,President of Habitat for Humanity and Clyde Hanks, Chairman of the Board for Habitat for Humanity. He spoke about the two applications before the board,the zone change and amended final plat. The purpose of the zone change is to 6 08/28/2013 provide for higher density residential development. He reviewed the criteria. He understood the issues raised by the public,but believed the proposal met the criteria. He believed a lot had changed over the years in the Edwards' area and there was a demonstrated community need for the affordable housing. They offered a covenant that would be recorded in connection with the zoning approval that would limit the use of the property to affordable housing. Gregg Perkins spoke about the affordable housing covenant. He reminded the board that this was an affordable housing project and would be required to follow the county's housing guidelines. The project would never become a free market project. Jill Klosterman reiterated that there would be a covenant in place that matched the guidelines. The benefit was that the county would be getting 100%affordable housing on the site event though there was no obligation to create affordable housing. Mr.Perkins explained the housing credit breakdown. 16 units would equal 16 credits. It was a benefit to habitat and win-win for everyone. Chairman Fisher asked Mr.Mueller what his interest was in the project. Rick Mueller stated that the covenant would assure that the property could only be used for affordable housing. Habitat built homes and was not a developer. He'd been working on the project for two years. He'd spent about $80,000 out of his pocket on the project so far. He had no intention of keeping the property. He also sat on the board for Habitat. He believed it was a good way to give back to the community. Mr. Pylman believed that Habitat would work with the community. He believed the safety issues could be addressed. Chairman Fisher asked Mr.Welaj if there was a way to limit families with children. Mr.Welaj stated that they were flexible. They had a strict criteria and their goal was to help as many people as possible. Mr. Pylman stated that they had revised the proposal, eliminating one duplex unit. Fox Hollow had been a great success but this property was in a much better location for this type of use. Edwards had evolved over the years and they were simply trying to provide fill-in development. He spoke about the driveway and explained the revisions to the parking area. Clyde Hanks spoke. He spoke about the Emergency Services concerns with children and pets running onto the road. He believed they could create a design that would work for everyone. By putting the parking areas in between the buildings it created a barrier. There had been good dialog and communication with the agencies left them feeling that any issues could be resolved. Dan Smith, Board Chairman of Eagle County Health Services District spoke. He spoke about the number of private vehicles and emergency vehicles. He believed the best solution was to create two access points. The current proposal was workable and the continued good faith efforts of all parties concerned had the potential to provide an adequate solution. Fred Morrison, Eagle County Paramedic Services spoke. He believed they were at a really good starting point and saw no reason why they could not reach a good end point. He was not making any predictions. There were many thousands of vehicle trips per year and thought a traffic study may be helpful. John McCaulley,Eagle River Fire Protection District spoke. He had the same concerns with traffic. From the Fire Protection Districts perspective the disadvantages outweighed the advantages. The use on the road since 1985 had always been open space which he believed was the safest avenue. No matter what the board's decision was they would continue to work with Habitat on design. Safety was a primary concern for the district. Commissioner Ryan spoke about the staff memo submitted by Ben Gerdes. Ben Gerdes spoke about the Dodd Ditch easement. There was no recorded easement for the ditch.. The land use regulations would require an easement the width of the ditch plus 20 feet. There was no survey information currently available. Mr. Pylman stated that there may be some design constraints due to the ditch. They would build outside the ditch. Commissioner Ryan wondered if a survey should be performed before the board made a decision. Mr. Gerdes stated that there were a lot of constraints on the site. There may be other solutions not yet discussed. Chairman Fisher opened public comment. Chris Neuswanger,Homestead resident spoke. He presented a petition with 95 signatures. He believed he had well over 500 signatures from people that opposed the proposal. He believed the petitions expressed public 7 08/28/2013 sentiment and should be considered. The proposal was approximately double the density per unit of the surrounding projects in lower homestead. He recommended a condition that the credits not be transferable to the developer. Chairman Fisher explained that the board was not required to consider a petition for this type of file. Amy Doft, Stags Leap resident believed that the property provided a limited amount of space. When she purchased her property she was told the property was open space. She encouraged the board to deny the request. Christine Sena spoke. She was told the property was open space when she purchased her property. The property was part of a massive drainage area. She was opposed to the project and didn't approve of the design. She believed that Eagle County should be setting a precedent. Mark Luzar spoke. She appreciated Habitat for Humanity's work but did not believe that Tract K was appropriate. The zoning issue was big. She believed that the zoning should be forever. The ditch and drainage was a concern. The density was twice the standard. Safety was a concern and he did not believe it could be addressed. Teri Lester,Real Estate Broker, spoke. She believed the project would negatively impact real estate values in lower Homestead. She believed that there would be a lot of children, friends, family, and visitors to the development that would impact traffic as well. Safety was a big concern. Mike Eaton spoke. Habitat was great and did great stuff. He believed the space was meant to be a buffer. He was against the proposal. There were 7 owners of the Dodd Ditch. The largest single owner of the ditch was the county and he believed this was a liability for the county. There were multiple issues with the proposal and he opposed the proposal. Barbara Allen spoke about a strategic planning session, in attendance was Commissioner Ryan, Commissioner Fisher, and Commissioner Stavney. She stated that 500 people signed a petition opposing the proposal and expressed support for the preservation of agriculture land and no development on Tract K. She wondered how much money Mr.Mueller would receive. She believed there could be up to about 64 children living and playing in or around the project. Joanne Kerwin struggled with the fact that the board would be considering a land designation.Having anything next to the fire department was setting the county up for a bad situation. She hoped the board would consider voting no. Dale Nelson spoke. He believed this was a land use issue. He believed what Habitat did was a good thing but changing the zoning on the parcel was the wrong direction. He wondered if the benefits outweighed the benefits in retaining it as open space. He believed that something else was going on in the long term. He suggested a couple conditions making it a Habitat project and if Habitat did not build the property would remain as it was today. He believed that Mr.Mueller had been paying less property tax because of the plat note. It should be somewhat equitable to the community. Perhaps Mr.Mueller should pay back taxes. Joyce Bradley spoke. She believed that open space was important and purchased her home thinking that the property would remain open space. Mr.Mueller stated that Habitat would get the housing credits. Chairman Fisher wondered if there was some value. Mr. Mueller stated that federal law encouraged people to donate for tax deductions or credit.He was not certain what he'd be getting. Mr. Welaj believed there would be a fair market appraisal. Ms. Ayres-Oliver respected everyone's comments but reiterated that Tract K was not designated open space. She read the current plat note. The history of the property was important but did not control what was in front of the board today. As someone met the standards and the board determined that the applicant met the standards, a plat note could be changed at any time. In terms of the tax status,there may be speculations but the assessor's designation was not the same as the legal designation on a plat. She did not believe it was something that should be factored into the decision making process. Mr. Pylman understood the complexity of the process. They were requesting that the property be rezoned and were willing to work with the neighbors and emergency services to come up with a design that meets all the site constraints and provides the best safety possible. Mr.Mueller stated that the ditch would not be touched or moved. The drainage issues could be remedied. He did not believe that flooding was not an issue. He believed that any engineering issues could be resolved during the next stage. Commissioner Chandler-Henry agreed that zoning was a big deal. It was not about open space. It was affordable housing and covenants that would restrict the property to affordable housing. She reviewed the 8 08/28/2013 standards. The current restrictive plat note identified the property as a buffer space. She believed that the safety issues were huge and the traffic was not compatible with the surroundings. She did not believe there was a change in the circumstances in the Edwards area to make a positive factor. Adequate infrastructure was questionable because of the public safety issues with the emergency services. There was a public benefit to affordable housing but the advantages to changing the zoning didn't outweigh the minuses. Commissioner Ryan echoed the comments made by Ms.Ayres-Oliver and Commissioner Chandler-Henry about the open space issue. She understood the need for affordable housing in the county. She believed the Mr. Mueller intensions were pure. The property was in a good central location but she did not believe the benefits out weighted the compatibility issues. There was not enough detail and she was not comfortable approving a zone change given the information provided. She too did not believe there had been a significant change in circumstance to warrant the zone change. Chairman Fisher spoke about the changes in Edwards and the open space available to the Edwards residents. She believed that affordable housing was a community benefit. The biggest issue was the safety component at the bottom of the ditch. She wondered if this was an appropriate location for two units. She did not believe enough had changed in the core area to approve the request. Mr. Pylman requested a couple minutes with the applicant and Habitat to discuss how they might proceed. Mr. Pylman appreciated the time and effort that the public had put in coming to the meetings,the staff, planning commission, and the board's time. Commissioner Ryan moved to deny the file ZC-4068,Remonov Tract K request for zone change because a change was not justified and that the advantages of the use requested did not substantially outweigh the disadvantages to the county and neighboring lands as evidence by the discussions during deliberation. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. ti of&tett. There being no further business before the ..-. �? - ►i 'rig was adjourned until September 3, 2013. Attest: ..o► �°nano * 112,9/6,),A,___ Cl rk to the, oard Chairman 9 08/28/2013