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Minutes 05/27/14 PUBLIC HEARING May 27, 2014 Present: Jill Ryan Chairman 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 Absent: Sara Fisher Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Weeks of May 26 and June 2,2014(Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for June 12, 2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of the Minutes of the Board of County Commissioner Meetings for April 22,April 29, and May 6,2014 Teak Simonton, Clerk&Recorder 4. Land Use Agreement between Eagle County and the State of Colorado for ECO Transit Access to the Commercial Driver's License Testing Course at the Gypsum Maintenance Service Center Jeff Wetzel,ECO Transit 5. Land Use Agreement between Eagle County and State of Colorado for Eagle County School District Access to the Colorado Driver's Licensing Testing Course at the Gypsum Maintenance Service Center Jeff Wetzel, ECO 6. Agreement between Eagle County and High Country Engineering,Inc. for Boat Launch Design and Site Improvements at the Duck Pond Open Space Parcel Rick Ullom,Project Management 7. Ratification of Agreement on Contract,Routing#15-IHA-68716 between the Colorado Department of Human Services,Division of Early Childhood and Eagle County for the Nurse Home Visitor Program Jennie Wahrer,Public Health&Environment 8. Agreement between Eagle County and the Colorado Department of Public Health and Environment for the Colorado Tobacco Education, Prevention and Cessation Grant Program Karen Koenemann,Public Health&Environment 9. Amendment for Task Orders 1 for Colorado Department of Public Health and Environment Office of Planning and Partnerships Contract for Core Public Health Services Jennifer Ludwig,Public Health&Environment 1 05/27/2014 10. Intergovernmental Agreement between Eagle County and the Town of Vail for Lease Space at the Vail Transportation Center Kelley Collier, ECO Transit 11. Resolution 2014-042 Concerning Appointments to the Eagle County Zoning Board of Adjustment Bob Narracci,Planning 12. Resolution 2014-043 Concerning Appointments to the Eagle County Planning Commission Bob Narracci,Planning 13. Resolution 2014-044 Concerning Appointments to the Roaring Fork Valley Regional Planning Commission Bob Narracci,Planning 14. Airport Liability Insurance Renewal Proposal for Policy Period June 1, 2014 to June 1,2015 for the Eagle County Airport and Eagle County Air Terminal Corporation Kathy Lawn,Airport Ms. Ludwig spoke about the contract for Core Public Health Services which covered programs for children with special needs,healthy community programs and some environmental health services. Mr. Montag read the appointments to the Planning Commissions,Zoning Board of Adjustments,and the Roaring Fork Valley Regional Planning Commission. Commissioner Chandler-Henry moved to approve the Consent Agenda for May 27, 2014, as presented. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. 15. Resolution 2014-045 Approving the Amended and Restated Eagle County Regional Airport Master Plan Greg Phillips,Airport Mr. Phillips presented the updated Master Plan. The airport had labored under a partial Master Plan for many years. He explained the process and presented the plan for potential approval. The Master Plan identified projected air traffic for the next 20 years. There had been open houses held, surveys, and a 30 day public review. The Planning Advisory Committee ranged from tenants,partners, and municipalities. The Executive Summary provided a quick summery of the objections and summary. The 20-year Capital Improvement program incorporated a phased implementation of the improvements. He presented a future development plan and proposed development areas. He spoke about projects in the upcoming years. Chris Anderson believed the process was comprehensive and thorough. Chairman Ryan congratulated everyone for completing the master plan. She believed it was comprehensive. Commissioner Chandler-Henry added her thanks and enjoyed watching the process as it had been developed. The public comments were handled well. It was helpful to see the public's response and how they were handled. She wondered if the master plan would be updated again in 20 years or updated along the way. Mr. Phillips believed that after 10 years,things might happen that force the board to reconsider some of the farther out plans. The next step would be to send the plan to the FAA for review and approval. 2 05/27/2014 Commissioner Chandler-Henry asked about the biggest challenges and the biggest opportunities for the airport. Mr.Phillips believed the biggest challenge was funding and the number one opportunity was to promote a way to establish a long term funding mechanism that brought in more flights. Commissioner Chandler-Henry was excited and believed the airport was a great amenity to the county. Mr. Montag believed the plan was detailed and one of the nicest he'd seen. It was easy to understand and set a great framework. Commissioner Chandler-Henry moved to approve the resolution approving the amendment and restated Eagle County Regional Airport Master Plan. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Work Sessions 16. Vail Mountain Summer Improvements Kristin Kenney Williams,Vail Resorts Gore Canyon Whitewater Park Update Caroline Bradford, Grand County Representative Planning Files 17. Cedar Drive Community Greg Schroeder, Engineering Eric Lovgren,Wildfire Mitigation Cedar Drive Maintenance and Fire Mitigation Association: Janet Lightfoot,Applicant Cedar Drive Maintenance and Fire Mitigation Association: Bob Myers,Applicant Sopris Engineering: Yancy Nichol,Representative Sopris Engineering: John Petaisto,Representative Basalt&Rural Fire Protection District: Bill Harding,Fire Marshal Basalt&Rural Fire Protection District: Scott Thompson,Fire Chief Note: Tabled from May 13,2014 Action: The purpose of this Variance from Improvement Standards is a request from road improvement standards in Section 5-260 of the Eagle County Land Use regulations. Location: Cedar Drive, Frying Pan Valley northeast of Basalt Area TITLE: Cedar Drive Community FILE NO.: VIS-4422,Variance from Improvement Standards LOCATION: Cedar Drive,Basalt, CO Frying Pan Valley northeast of Basalt, CO OWNER: Cedar Drive Maintenance and Fire Mitigation Association(CDMFM) APPLICANT: Cedar Drive Maintenance and Fire Mitigation Association REPRESENTATIVE: Yancy Nichol, Sopris Engineering STAFF CONTACT: Greg Schroeder, Engineering Department This amended staff report dated May 21, 2014 serves to add additional information to the original May 13, 2014 staff report with information requested from the May 13, 2014 hearing. That hearing was tabled to clarify the types 3 05/27/2014 of permits that are allowed,and to revise the suggested conditions. Clarification of Variance: The variance that is requested consists of both the upper and lower Cedar Drive, as the variance is for the parcels mentioned in the application. To summarize these variances, the following tables of variance standards are listed below: LCD Variances Standard Eagle County Standard Proposed Variance Request Structural Section 3"Hot Bituminous Pavement 4"Hot Bituminous Pavement 8"Aggregate Base Course 5"Aggregate Base Course Lanes 2 2 Minimum Lane Width 10' 8' Centerline Radius 80' 45',except for one switchback at which will be 25' Rural Cul-de-Sac Dual Access to Public Roadway Emergency only egress route from Required(Section 4-620.J.1.h) Wildfire Mitigation Plan UCD Variances' Standard Eagle County Standard Proposed Variance Request Structural Section 3"Hot Bituminous Pavement 4"Class 6 Aggregate Base Course with 8"Aggregate Base Course Mag Chloride on steep sections Lanes 2 1 with inter-visible pullouts at approximately 500' spacing Minimum Lane Width 10' Overall existing road width is 12' Maximum Grade 8% 14%for short straight sections 12%for other sections Centerline Radius 80' 45',except for one switchback at which will be 25' Dual Access Dual Access to Public Roadway Emergency only egress route from Required(Section 4-620.J.1.h) Wildfire Mitigation Plan Discussion of Permits: "Access" is a review standard for buildings permits for construction of new structures, additions, or new accessory dwelling units (hereinafter"Building Permits for New Structures or Additions")because of traffic generation from this type of activity. Building Permits for New Structures or Additions will only be issued after the following conditions have been met: a) The proposed improvements for Lower Cedar Drive that are being constructed by the County under the CDOT Hazard Elimination System Grant must be completed. b) The Applicant shall acquire a grading permit from Eagle County for the work shown in the Applicant's Proposed Improvements for Upper Cedar Drive. Plans submitted for the grading permit shall be designed by a professional engineer. c) Upon completion of the Applicant's Proposed Improvements for Upper Cedar Drive, the engineer of record shall submit to the County a certification letter and as-built plans of said Improvements. However, if an owner of a Parcel on Upper Cedar Drive submits an application for a Building Permit for New Structures or Additions prior to the completion of the Applicant's Proposed Improvements for Upper Cedar Drive, the engineer of record shall submit to the County a certification letter confirming road improvements have been completed up to the Parcel seeking such building permit, and as-built plans. After receipt of said letter and plans, the County may issue a building permit for New Construction or Addition for the applicable parcel provided that the Secondary Emergency Access and Safety Zone Creation items detailed in the Upper Cedar Drive 2014 Wildfire Mitigation Plan are constructed to the satisfaction of the County Wildfire Mitigation Officer. 4 05/27/2014 Examples of County issued permits that may be applied for at any time by owners of the 28 Parcels (the"Parcels") are listed below. This list is not exhaustive. Issuance of any County permit does not guarantee the issuance in the future of a Building Permit for New Structures or Additions or any other permit, and future permit requirements may override any work previously performed. 1) Plumbing Permits for existing structures only; 2) Electrical Permits for existing structures only; 3) Mechanical Permits for existing structures only; 4) Fire Alarm System Permits for existing structures only; 5) Fire Sprinkler System Permits for existing structures only; 6) Sign Permits; 7) On-Site Wastewater Treatment System Permits; 8) Building Permits for existing structures for replacements,repairs and alterations; and 9) Grading Permits for grading areas outside of any future structure platform (no excavation; no footers or foundations; no driveways to future structures). Further clarification for permits that are not listed can be found in the Eagle County Building Resolution or by contacting the Building Department. Revision of Suggested Conditions: The proposed conditions are listed below: SUGGESTED CONDITIONS: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. Approval of this application applies only to the 28 parcels specified in the Applicant's application for variance dated July 25, 2013 (the "Parcels"). Any division of the Parcels will require submission and approval of a new application for Variance from Improvement Standards before any building permits will be issued for newly created parcels. 3. Four parcels that are accessed exclusively off of east Lower Cedar Drive (east of the fork of the Lower and Upper Cedar Drive) are not a part of this variance application, and owners of such parcels must either submit a new application for Variance from Improvement Standards or demonstrate to the satisfaction of the County Engineer that the parcels can be accessed off of Upper Cedar Drive. A map depicting these parcels will be attached to the resolution approving this variance application. 4. The Secondary Emergency Access and Safety Zone Creation items detailed in the Upper Cedar Drive 2014 Wildfire Mitigation Plan shall be constructed to the satisfaction of the County Wildfire Mitigation Officer prior to the issuance of any building permits for construction of new structures, additions or accessory dwelling units (hereinafter "Building Permits for New Structures or Additions") for any of the Parcels located on Upper Cedar Drive. Other items listed in the Plan shall be actively planned for and constructed in the future as resources allow. 5. The Cedar Drive Maintenance and Fire Mitigation Association shall review and update the 2014 Wildfire Mitigation Plan with the County's Wildfire Mitigation Officer and the Basalt and Rural Fire Protection District as needed.All parties should meet at least annually. 6. The Applicant shall coordinate with the Town of Basalt's Public Works Department regarding the development of a construction management plan to limit construction impacts on the Town's roads and services resulting from construction of the Applicant's Proposed Improvements on Upper Cedar Drive. The Applicant shall submit to the County with the grading permit application 5 05/27/2014 referenced in condition #7 below a letter from the Town confirming the Town's approval of this plan. 7. "Access"is a review standard for Buildings Permits for New Structures or Additions because of the traffic generation from these types of activities. Work shown in the Applicant's Proposed Improvements for Upper Cedar Drive may commence upon approval of this variance application. However, before any Building Permits for New Structures or Additions will be issued for any Parcel,the following conditions must be satisfied: a) The proposed improvements for Lower Cedar Drive that are being constructed by the County under the CDOT Hazard Elimination System Grant must be completed. b) The Applicant shall acquire a grading permit from Eagle County for the work shown in the Applicant's Proposed Improvements for Upper Cedar Drive. Plans submitted for the grading permit shall be designed by a professional engineer. c) Upon completion of the Applicant's Proposed Improvements for Upper Cedar Drive, the engineer of record shall submit to the County a certification letter and as-built plans of said Improvements. However, if an owner of a Parcel on Upper Cedar Drive submits an application for a Building Permit for New Structures or Additions prior to the completion of the Applicant's Proposed Improvements for Upper Cedar Drive, the engineer of record shall submit to the County a certification letter confirming road improvements have been completed up to the Parcel seeking such building permit, and as-built plans. After receipt of said letter and plans, the County may issue a building permit for New Construction or Addition for the applicable parcel provided that condition#4 herein have also been met. 8. The Applicant and/or members of the Applicant shall be solely responsible for any cost sharing arrangements for the construction of the Applicant's Proposed Improvements for Upper Cedar Drive. 9. All new structures on Upper Cedar Drive shall be protected with an approved automatic sprinkler system appropriately designed for the hazard, (IFC Sections 503.1.1 exceptions 1 and 2, 102.5 and 901.4.3.). Existing structures on Upper Cedar Drive without sprinklers that have a Certificate of Occupancy may continue as nonconforming uses until such time as an extensive remodel and/or change of use triggers evaluation of a retrofit application. DISCUSSION: Mr. Schroeder stated that the conditions had been revised to provide more clarity. The board requested additional information regarding the permits allowed under the 2009 resolution. He reviewed the standards and presented the proposed variance request. In reviewing of a permit, access was one of the review standards that considered. The building permits for new structures would only be issued after the Lower Cedar Drive improvements had been completed and a grading permit for the Upper Cedar Drive had been acquired and the completion of the proposed improvements for Upper Cedar Drive, in addition a certification letter from the County Engineer stating that the improvements had been completed would also be required. He provided examples of what type of county issued permits were allowed. He reviewed the BoCC findings and presented the suggested conditions. Yancy Nichol asked the board to re-consider approving building permits. He believed the conditions were clear and would accept them as presented. Ms. Ayres-Oliver spoke about the sections in the land use regulations that addressed building permits not being granted unless the road complied with the county standards or a variance were granted. If a variance was granted,the proposed mitigation would need to be completed before any building permits would be issued. Chairman Ryan stated that the board was considering a road variance at this time. Ms. Ayres-Oliver stated that the regulations were being strictly enforced because in the past there had been 6 05/27/2014 4 fatalities and a fire. Chairman Ryan opened public comment. Lisa Ryll, landowner spoke. She questioned the interpretation of the land use regulations related to variances and having the road work completed before building permits would be issued. Ms. Ayres-Oliver explained the purpose of the variance. Approval of the variance would not make the road safe without improvements. Eva Wilson, Eagle County Engineer clarified that the applicant would have to comply with the conditions before the variance would be executed. Ms. Ryll stated that she and her husband would fund the improvements but the funding was tied to the building permit. Chairman Ryan stated that the board's hands were tied. The board did not have the flexibility to grant any permits. Ms. Ryll believed their home would be very safe and fire proof. They were willing to do whatever possible to at least start the process of building their home. They were willing to fund the road improvements. Janet Lightfoot, Cedar Drive Road Association Board Member spoke about the fees collected by the association to maintain the road. The final copy of the bylaws had not yet been approved. The upper portion of the road was more costly to maintain. She was concerned with getting the lower portion of the road fixed. Out of 24 property owners, there were 3 people that wanted to build. The majority of the people just wanted the road improvements to begin. It had already taken 2 years to get to this point. Mr. Schroeder explained that the funding was from a federal grant administered by CDOT and one of the conditions was following a CDOT process. They were currently in the right-of-way acquisition phase. The project may begin in the spring of next year and would take about 60 days. Ms. Lightfoot hoped that the board would allow some building permits for foundations and septic systems. Ms. Ayres-Oliver explained the problems with letting people begin building their homes. From a liability standpoint,the contractor could have an issue with it as well. She understood that the road base would not be down until spring. Mr. Schroeder spoke about the potential damage that could occur if the pavement was delayed. It would be difficult from a scheduling perspective and could result in additional cost. Mr.Nichol spoke about the projected increase in construction costs next year. Mr. Schroeder stated that CDOT had strict policies and taking any risks could jeopardize any future federal funds. Ms. Ryll believed that based on past history, the homeowners were bearing the brunt of the hardship. She believed there should be some flexibility. She felt targeted and wished as a property owner that she had more control. Andreas Ryll believed the grant money was becoming less valuable every year as they moved forward. Chairman Ryan believed that the County Engineering Department would support the CDOT timeframe if it meant beginning in the fall. Eva Wilson stated the applicant could apply for the building permit but it would-be conditioned on the road improvements. She believed that her staff had done everything within their power to get the project going. Mr. Schroeder explained the Uniform Act process related to right-of-ways. It addressed the rights of the federal government and property owners. It was a very specific process. If any of the steps were not followed exactly, the clock would reset. CDOT has made every effort to be as timely as possible. Eagle County was the local agency working with CDOT and must follow the set rules. Ms. Wilson stated that she was optimistic that things would move forward smoothly. Chairman Ryan stated that there was nothing that the board could negotiate. Changing the Land Use Regulations would change things for the entire county. This was a way to control public safety. She could not think of a good reason to let building permits be approved before road improvements were made. Ms. Ryll stated that she and her husband supported the improvements and would do whatever possible to facilitate the variance approval. Commissioner Chandler-Henry appreciated everyone's comments and was ready to deliberate. Chairman Ryan closed public comment. 7 05/27/2014 Mr. Nichol believed that most of the work could be done in the fall and supported the Ryll building permit being issued in December and January. Ms. Wilson stated that if they had a contractor that would agree to the work, staff would support it. Commissioner Chandler-Henry was willing to send a letter to CDOT on behalf of the county explaining the hardship that the residents were facing waiting for the process. Mr. Schroeder stated that if a contractor was willing to do a portion of the work, staff would facilitate that. Commissioner Chandler-Henry spoke about the requirement for dual access road and wildfire danger. She was comfortable with the safety of the road but did not support issuing building permits before the conditions were met. Commissioner Chandler-Henry moved to approve the requests for a variance to the requirement for dual access as set forth in the application and staff's report,and incorporating staff's recommended conditions. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to approve the requests for a variance to emergency vehicle turnaround standards as set forth in the application and staff's report,and incorporating staff's recommended conditions. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to approve the requests for a variance to road improvement standards as set forth in the application and in staff's report, incorporating staff's recommended conditions. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 4�G�Ec There being no further business befor- . i. v; ti: meeting was adjourned unt' 10, 2014. •, w .,r.. i Attest: 1 c, to 411 i / Clerk to the Board Chai.' an • 8 05/27/2014