HomeMy WebLinkAboutMinutes 07/29/14 PUBLIC HEARING
July 29, 2014
Present: Jill Ryan Chairman
Sara Fisher Commissioner
Kathy Chandler-Henry Commissioner
Keith Montag County Manager
Christina Hooper Assistant 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:
Consent Agenda
Chairman Ryan stated the first item before the Board was the Consent Agenda as follows:
1. Approval of Bill Paying for the Week of July 28, 2014(Subject to Review by the Finance Director)
John Lewis,Finance
2. Approval of Payroll for August 7,2014(Subject to Review by the Finance Director)
John Lewis,Finance
3. Intergovernmental Agreement for Cooperative Law Enforcement Services between Eagle County and the
Town of Minturn
Mike McWilliam, Sheriff's Office
4. HIPAA Business Associate Addendum between Colorado Department of Human Services and Eagle
County Department of Social Services for the Protection and Privacy of Protected Health Information
Disclosure to Associates
Sarah Luben,Human Services
5. Federal Aviation Administration Grant Agreement for Rehabilitation of Runway 7/25 and Taxiway "A"
Greg Phillips,Airport and Rick Ullom,Project Management
6. Agreement between Eagle County and Maxwell Asphalt,Inc. for Runway and Taxiway Pavement
Maintenance(AIP Project Number 3-08-0020-52)
Rick Ullom,Project Management
7. Agreement between Eagle County and Pro Electrical Contractors, Inc. for Installation of a Runway
Weather Information System(ATP Project Number 3-08-0020-52)
Rick Ullom,Project Management
Commissioner Chandler-Henry requested pulling item 3 from the agenda for further discussion.
Greg Phillips spoke about some of the updates to the runway and the grants received for the improvements.
The improvements include a seal coat,repainting the striping, and a runway information system to monitor
conditions. The work would take about 30 days. Part of the work would be done during the day in areas that don't
impact runway operations. There would also be work done at night to avoid any impact to operations.
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Commissioner Fisher moved to approve the Consent Agenda for July 29,2014, as presented, excluding
item 3.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Intergovernmental Agreement for Cooperative Law Enforcement Services between Eagle County
and the Town of Minturn
Mike McWilliam, Sheriff's Office
Mr.McWilliams stated that the town Minturn was having a difficult time keeping quality law enforcement
in the town. The Sheriff's Office would be hiring two extra deputies to patrol the town of Minturn 10 hours a day,
the other 14 hours;they would be on call to respond to any calls for service. The contract was for$315,000 a year.
The county would not incur any additional costs due to the contract.
Willy Powell stated that it had been difficult to operate law enforcement in Minturn for many years. He
supported the agreement and looked forward to a positive partnership.
Sheriff Hoy believed it was the right thing to do. He recognized Mr.McWilliams for all his hard work on
the contract.
Commissioner Fisher wondered if there would be an opportunity to review the costs annually.
Mr. McWilliams stated that there was a provision in the agreement to increase 2-5%based on the Denver
consumer price index.
Commissioner Chandler-Henry moved to approve the intergovernmental agreement for Cooperative Law
Enforcement Service between Eagle County and the Town of Minturn.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Citizen Input
Chairman Ryan opened and closed citizen Input, as there was none.
Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re-
convene as the Eagle County Board of Equalization.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Eagle County Board of Equalization
8. Resolution 2014-062 Regarding Petitions to the Eagle County Board of Equalization
Mary Kessler and Mandi Rosinski,Assessor's Office
Ms.Kessler explained that the letters being presented today included 14 adjustments, 3 denials, and
9 administrative denials.
Commissioner Chandler-Henry asked about the overall physical impact.
Ms.Kessler stated that she could provide the information at a later date.
Commissioner Fisher moved to approve the resolution regarding petitions to the Eagle County Board of
Equalization.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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Commissioner Fisher moved to adjourn as the Eagle County Board of Equalization and re-convene as the
Eagle County Local Liquor Licensing Authority.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewals
9. The Eighth Day,Inc.d/b/a Wolcott Yacht Club
#28-66970-0000
Renewal of a Hotel and Restaurant License in Wolcott. 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.
10. Rearden Restaurant,LLC d/b/a Blue Moose Pizza
#09-92706-0000
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.
11. Vail Food Services,Inc. d/b/a Wildwood Shelter
#04-49011-0012
Renewal of a Hotel and Restaurant License on Vail Mountain. 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.
12. CNSA,Inc. d/b/a Main Street Grill
#14-39755-0000
Renewal of a Hotel and Restaurant License in Edwards. 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. Behringer Harvard Residence at Cordillera d/b/a Lodge and Spa at Cordillera
#42-50069-0001
Renewal of a Hotel and Restaurant License in Cordillera. 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.
14. Behringer Harvard Residence at Cordillera d/b/a Cordillera Mountain Club
#42-50069-0002
Renewal of a Tavern 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.
15. Drink,Inc. d/b/a Drink!
#41-76461-0000
Renewal of a Retail Liquor Store License in Edwards. 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.
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Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for July 29, 2014, as
presented.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Other Liquor Business
16. Permit to Modify-Rink Productions,Inc. d/b/a Rink Productions
APPLICANT: Rink Productions,Inc.
TRADE NAME: Rink Productions
REPRESENTATIVE: Elizabeth Jones,Beaver Creek Resort Company
LOCATION: 26 Avondale Lane—Avon,CO
REQUEST: Permit to Modify(Temporary)
STAFF REPRESENTATIVE: Kathy Scriver
DESCRIPTION:
The applicant has requested a temporary modification for the Beaver Creek Octoberfest event planned for
Saturday,August 30 and Sunday,August 31,2014. The modification would include a section of the Park Hyatt
Beaver Creek Optional Premise. The Hyatt Corporation has granted Rink Productions permission to use their
optional premises, conditioned upon approval of the permit application and report of change.
STAFF FINDINGS:
1. The application is in order,all requirements have been met, and all fees are paid.
2. Public notice was given by posting a sign in a conspicuous place on the premises,July 18,2014,at least 10
days prior to the hearing.
3. No complaints or concerns were received in the Clerk's Office.
CONCERNS/ISSUES:
Staff has no concerns with this request.
DISCUSSION:
Ms.Jones stated that the Octoberfest event had been going on for 13 years. They do the modification each
year allowing them to expand up into the back lawn behind the Park Hyatt. They try to enhance the event each
year. This was her personal favorite. It was a family friendly event.
Commissioner Fisher moved that the Local Licensing Authority approve the request by Rink Productions,
Inc. d/b/a Rink Productions to modify their licensed premises beginning August 30,2014 and ending August 31,
2014.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
17. Special Event Permit-Rink Productions,Inc.
APPLICANT: Rink Productions, Inc.
REQUEST: Special Events Permit
DATE OF EVENT: August 9, 2014—Walk and Wine Luncheon
REPRESENTATIVE: Elizabeth Jones,Event Manager
LOCATION: Strawberry Park,Beaver Creek Subdivision
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STAFF REPRESENTATIVE: Kathy Scriver
CONCERNS/ISSUES: None
DESCRIPTION:
The applicant has requested a permit for an event being held at Strawberry Park. Strawberry Park is
located in the Beaver Creek Subdivision. The applicant expects approx.400 attendees. Beaver Creek Security and
staff will monitor access points and the event boundaries. The boundary will be identified using fencing, ropes,
barriers and tents. All staff assigned to handling alcohol will be server trained.
STAFF FINDINGS:
1. The applicant has submitted all the required documents and associated fees.
2. Public notice was given by posting a sign in a conspicuous place on the premises on July 18, 2014, at least
10 days prior to the hearing.
3. No protests have been received in the Clerk's Office.
4. The applicant has provided an alcohol management plan,proof of server training and properly notified the
Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority.
5. Staff has had no problems with events hosted by the applicant in the past.
DISCUSSION:
Ms. Jones explained that the event included a guided hike in the morning and a gourmet lunch and wine
after the hike in the park. It was a ticketed event and was sold out. It was an event popular to the homeowners.
Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for
the Rink Productions Inc. event being held at Strawberry Park in Beaver Creek on August 9,2014 from 9:30 am to
3:00 pm.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
*The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event.
18. Special Event Permit(s)-Rink Productions,Inc.
APPLICANT: Rink Productions, Inc.
REQUEST: Special Events Permit(s)
DATE OF EVENT(S): August 16,2014—Soul Music Festival
September 20,2014—Rendezvous Music Festival
REPRESENTATIVE: Elizabeth Jones,Event Manager
LOCATION: Strawberry Park,Beaver Creek Subdivision
STAFF REPRESENTATIVE: Kathy Scriver
CONCERNS/ISSUES: None
DESCRIPTION:
The applicant has requested permits for 2 music events being held at Strawberry Park. Strawberry Park is
located in the Beaver Creek Subdivision. The applicant expects approx. 400 attendees for each event. Beaver
Creek Security and staff will monitor access points and the event boundaries. The boundary will be identified using
fencing,ropes,barriers and tents. All staff assigned to handling alcohol will be server trained.
STAFF FINDINGS:
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1. The applicant has submitted all the required documents and associated fees.
2. Public notice was given by posting a sign in a conspicuous place on the premises on July 18, 2014, at least
10 days prior to the hearing.
3. No protests have been received in the Clerk's Office.
4. The applicant has provided an alcohol management plan,proof of server training and properly notified the
Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority.
5. Staff has had no problems with events hosted by the applicant in the past.
DISCUSSION:
Ms. Jones explained that the event included a list of artist. The event required tickets which would not be
free,but the event will be open to the public.
Commissioner Chandler-Henry asked about the number of attendees.
Ms. Scriver stated that the applicant indicated that they expected 400 attendees for each event.
Commissioner Fisher asked about the September event.
Ms.Jones stated that the music festival was country music. They were bringing a 3`d party organizer from
Nashville. The event was also ticketed and tickets could be purchased online.
Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permits for the Rink
Productions Inc. events being held at Strawberry Park in Beaver Creek on August 16, 2014 from 4 pm to 10 pm and
September 20,2014 from 4:00 pm to 10:00 pm.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
*The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event.
19. Special Event Permit-Eagle Valley Land Trust,Ed Fest 2014 Area 1
APPLICANT: Eagle Valley Land Trust
REQUEST: Special Events Permit
EVENT: Ed Fest 2014
DATE OF EVENT(s): Friday—August 15, 2014 Field House-event room(VIP event)
Saturday—August 16, 2014 Soccer Field
REPRESENTATIVE: Scott Conklin,Event Manager
LOCATION: 450 Miller Ranch Road,WECMRD Field House-Edwards
STAFF REPRESENTATIVE: Kathy Scriver
DESCRIPTION:
The applicant has requested 2 permit(s)for Ed Fest 2014, an event being held at WECMRD Field House in
Edwards.
• Alcohol service on Friday August 15th will be limited to beer and barley wine from 5:00—9:00 pm
• Alcohol service on Saturday,August 16th will include beer tasting from 3:00—6:00 pm and wine and
mixed drinks from 6:00—9:30 pm.
The applicant anticipates 75 attendees on Friday and 3,000 attendees on Saturday. Citadel Security will
provide the event security. Food vendors include Crazy Wagon Food Truck, Crazy Wagon BBQ,Malcom
Southern Fried Chicken,Mountain Flower Ice Cream, and Potatoes on a Stick. Festival attendees will have access
to the BMHS parking lots.
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STAFF FINDINGS:
1. The applicant has submitted all the required documents and associated fees.
2. Public notice was given by posting a sign in a conspicuous place on the premises on July 18, 2014. at least
10 days prior to the hearing.
3. No protests have been received in the Clerk's Office.
4. The applicant has provided an alcohol management plan,proof of server training and properly notified the
Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority.
5. Staff has had no problems with events hosted by the applicant in the past.
DISCUSSION:
Mr. Conklin stated that this was the 3`d year the Eagle Valley Land Trust was requesting a permit for Ed
Fest. This year's festival was slightly larger. The WECMRD facility was preapproved for mass gatherings. They
worked with county staff and Battle Mountain high school to insure there was adequate parking. They expected
3000 for Saturday. The event was a beer tasting festival with 64 breweries. There would be five food vendors.
There would also be water bottle refill centers. WECMRD was providing a couple staff members to direct traffic.
Commissioner Fisher asked about the proceeds and asked how well the applicant had done at the event in
prior years.
Mr. Conklin stated that the event was put on by Crazy Mountain and the amount varied depending on the
cost of the event. In 2013 they received about$4-5,000.
Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for
Ed Fest 2014 being held at the WECMRD Field House in Edwards on Friday,August 15, 2014 from 5:00---9:00
pm in the event.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
*The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event.
20. Special Event Permit-Eagle Valley Land Trust,Ed Fest 2014 Area 2
APPLICANT: Eagle Valley Land Trust
REQUEST: Special Events Permit
EVENT: Ed Fest 2014
DATE OF EVENT(s): Friday—August 15, 2014 Field House-event room(VIP event)
Saturday—August 16, 2014 Soccer Field
REPRESENTATIVE: Scott Conklin,Event Manager
LOCATION: 450 Miller Ranch Road,WECMRD Field House-Edwards
STAFF REPRESENTATIVE: Kathy Scriver
DESCRIPTION:
The applicant has requested 2 permit(s) for Ed Fest 2014, an event being held at WECMRD Field House in
Edwards.
• Alcohol service on Friday August 15th will be limited to beer and barley wine from 5:00—9:00 pm
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• Alcohol service on Saturday,August 166'will include beer tasting from 3:00—6:00 pm and wine and
mixed drinks from 6:00—9:30 pm.
The applicant anticipates 75 attendees on Friday and 3,000 attendees on Saturday. Citadel Security will
provide the event security. Food vendors include Crazy Wagon Food Truck, Crazy Wagon BBQ,Malcom
Southern Fried Chicken,Mountain Flower Ice Cream, and Potatoes on a Stick. Festival attendees will have access
to the BMHS parking lots.
STAFF FINDINGS:
1. The applicant has submitted all the required documents and associated fees.
2. Public notice was given by posting a sign in a conspicuous place on the premises on July 18, 2014, at least
10 days prior to the hearing.
3. No protests have been received in the Clerk's Office.
4. The applicant has provided an alcohol management plan,proof of server training and properly notified the
Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority.
5. Staff has had no problems with events hosted by the applicant in the past.
DISCUSSION:
Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permits for
Ed Fest 2014 being held at the WECMRD Field House in Edwards on Saturday,August 16, 2014 from 3:00-9:30
pm on the soccer field.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
*The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event.
Commissioner... moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the
Board of County Commissioners.
Commissioner... seconded the motion. The vote was declared unanimous.
Colorado Department of Transportation Annual County Meeting
Doug Eller, CDOT Region 3 Director
Planning Files
21. LUR-4805 On-Site Wastewater Treatment System Regulation Amendment
Bob Narracci,Planning
Ray Merry, Environmental Health
Eagle County Government,Applicant
Action: The purpose of this Land Use Amendment is to amend the Eagle County Land Use Regulations,
specifically the removal of Chapter IV that includes all regulatory standards pertaining to Individual Sewage
Disposal Systems; and provide a new definition for On-site Wastewater Treatment Systems,to provide clarification
that the term'On-site Wastewater Treatment System(OWTS)'is synonymous with the following terminology found
throughout the Eagle County Land Use Regulations and Building Resolution: Individual Sewage Disposal System
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(ISDS); on-site sewage disposal system; private sewage disposal system; sanitary sewage disposal system; septic
system, and; wastewater disposal system.To amend all reference to Individual Sewage Disposal System(ISDS)
throughout the Eagle County Land Use Regulations and Building Resolution to reflect the new Colorado Water
Quality Control Commission's terminology of 'On-Site Wastewater Treatment System(OWTS)'as well as properly
referring to the new OWTS regulations as the"Eagle County Public Health Agency On-site Wastewater Treatment
System(OWTS)regulations".
Location: Unincorporated Eagle County
FILE NO./PROCESS: LUR-4805/Land Use Regulation Amendments
PROJECT NAME: On-Site Wastewater Treatment System Regulation Amendment
LOCATION: Unincorporated Eagle County
OWNER: Not Applicable
APPLICANT: Eagle County Government
STAFF PLANNER: Bob Narracci
I. EXECUTIVE SUMMARY:
Purpose of Text Amendment
This Eagle County Land Use Regulation and Building Resolution Amendment package is being processed in
response to new requirements of the Colorado Water Quality Control Commission's "On-site Wastewater
Treatment System Regulation,Regulation 43, 5 CCR.1002-43", and future revisions thereto("Regulation 43").
It has been determined by the Eagle County Board of County Commissioners acting as the Eagle County Board of
Health that the Eagle County Public Health Agency's regulations for On-site Wastewater Treatment Systems
(OWTS) should be consolidated into a single, stand-alone regulatory document, and indeed on April 29, 2014,the
Eagle County Board of Health adopted free-standing On-site Wastewater Treatment System(OWTS)Regulations.
Proposed Text Amendment
This amendment package proposes to:
1) Remove Chapter IV of the Eagle County Land use Regulations that include all regulatory-standards
pertaining to Individual Sewage Disposal Systems from the Eagle County Land Use Regulations;
2) Provide a new definition for On-site Wastewater Treatment Systems, to provide clarification that the term
`On-site Wastewater Treatment System (OWTS)' is synonymous with the following terminology found
throughout the Eagle County Land Use Regulations: Individual Sewage Disposal System (ISDS); on-site
sewage disposal system; private sewage disposal system; sanitary sewage disposal system; septic system,
and; wastewater disposal system.
3) To amend all reference to Individual Sewage Disposal System (ISDS) throughout the Eagle County Land
Use Regulations and Building Resolution to reflect the new Colorado Water Quality Control Commission's
terminology of`On-site Wastewater Treatment System (OWTS)' as well as properly referring to the new
OWTS regulations as the "Eagle County Public Health Agency On-site Wastewater Treatment System
(OWTS)regulations.
Timing of Proposal
On April 29, 2014, the Eagle County Board of Commissioners, acting as the Eagle County Board of Health,
pursuant to and under authority contained in the On-site Wastewater Treatment System Act, 25.-10-101, et seq.
C.R.S. adopted the new stand-alone Eagle County Public Health Agency On-site Wastewater Treatment System
(OWTS) regulations. The Eagle County Board of Health has designated the Eagle County Public Health Agency,
which in-turn designated the Eagle County Department of Environmental Health to implement the Eagle County
Public Health Agency On-site Wastewater Treatment System (OWTS) regulations on behalf of the Board of
Health. These new stand-alone regulations are available on the Eagle County Environmental Health Department
web page: http://www.eaglecounty.us/EnvHealth/.
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Chronology
05/13/2013: The Colorado Water Quality Control Commission adopted Regulation 43, establishing new state-
wide minimum requirements for On-site Wastewater Treatment Systems (OWTS) and requiring
each Local Public Health Agency to have OWTS regulations adopted an in effect by June 30, 2014.
04/29/2014: The Eagle County Board of Health adopted new stand-alone Eagle County Public Health Agency
On-site Wastewater Treatment System(OWTS) regulations, effective 45 days after adoption(June
27, 2014).
04/15/2014: This amendment to the Eagle County Land Use Regulations and Building Resolution was initiated.
Planning Commission Recommendations
Eagle County Planning Commission: Unanimously recommended approval on June 18, 2014. •
Roaring Fork Valley Regional Planning Commission: Unanimously recommended approval on June 19, 2014.
Staff Analysis
In light of the new On-site Wastewater Treatment System (OWTS) requirements promulgated by the Colorado
Water Quality Control Commission (Regulation 43), and subsequent adoption of new stand-alone Eagle County
Public Health Agency OWTS regulations by the Eagle County Board of Health, these amendments proposed to the
Eagle County Land Use Regulations and Building Resolution are necessary, timely, and are intended to be
implemented in concert with the newly adopted OWTS regulations; which will enhance customer access and
usability.
II. BOARD OF COUNTY COMMISSIONER OPTIONS:
1. Approve this ECLUR TEXT AMENDMENT 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).
2. Deny this ECLUR TEXT AMENDMENT 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 this ECLUR TEXT AMENDMENT request if additional information is required to fully
evaluate the petition, giving specific direction to staff.
III. SUGGESTED MOTION AND CONDITION:
I move that the Board of County Commissioners approve Eagle County File Number LUR-4805 /
On-Site Wastewater Treatment System Regulation amendments as set forth by staff and with the
following condition:
1. Except as otherwise modified by this development permit, all material representations made by the
Applicant in this application and in all public meetings shall be adhered to and considered
conditions of approval.
APPENDIX `A'
A. NECESSARY FINDINGS:
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PROCESS INTENT
ECLUR Section: 5-230 Amendments to the Text of These Land Use Regulations or Official
Zone District Map
Section Purpose: The purpose of this Section is to provide a means for changing the boundaries of
the Official Zone District Map or any other map incorporated in these Regulations
by reference, and for changing the text of these Land Use Regulations. It is not
intended to relieve particular hardships, or to confer special privileges or rights on
any person,but only to make necessary adjustments in light of changed conditions.
Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole
discretion of the Board of County Commissioners, the change is justified in that
the advantages of the use requested substantially outweigh the disadvantages to the
County and neighboring lands. In making such a determination, the Planning
Commission and the Board of County Commissioners shall consider the
application submittal requirements and standards.
Note: There are no specific standards directly applicable for changing the text
of the Land Use Regulations.
B. STAFF DISCUSSION:
Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals, the proposed
amendments have been referred to the appropriate agencies, including all municipalities within Eagle
County;
Pursuant to Chapter 1, Eagle County Land Use Regulations, Section 1.15.05 Public Notice, Public
notice has been given;
Pursuant to Chapter 2,Eagle County Land Use Regulations, Section 5-230.B.2 Text Amendment:
a. The proposed amendments AMEND ONLY THE TEXT of Chapter I, Chapter II,Articles 2, 3, 4, and
5, as well as, Chapters III, and IV of the Eagle County Land Use Regulations. The proposed regulation
amendments will not amend the Official Zone District Map.
b. Precise wording of the proposed changes has been provided.
Pursuant to Chapter 2, Eagle County Land Use Regulations, Section 5-230.C.3 Action by Board of
County Commissioners:
a. General. After receipt of the recommendation from the Planning Commission, the Board of
County Commissioners shall conduct a public hearing for the application. At the public hearing,
the Board of County Commissioners shall consider the application, the relevant support
materials, the Staff Report, the Planning Commission recommendation, and the public
testimony given at the public hearing.
C. REFERRAL RESPONSES:
• Eagle County Attorney's Office — The language set forth in the draft proposed regulatory language
has been thoroughly vetted,reviewed and edited by the County's Attorney's Office.
• Eagle County Engineering Department — In the attached memorandum dated May 6, 2014, the
Engineering Department offers no comment.
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• Environmental Health Department — The language set forth in the draft proposed regulatory
language was prepared in collaboration with the Environmental Health Department.
• Town of Basalt-In the attached letter dated May 8, 2014,the Town offers no comment.
• Eagle River Water and Sanitation District—In the attached email dated April 22, 2014,the ERWSD
offers no comment.
• Alpine Design&Planning—In the attached email dated April 16, 2014,no comment is offered.
Additional Referral Agencies - This proposal was referred to the following agencies with no response at
the time of writing this report:
• Eagle County: Attorney's Office;
• Towns:Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail;
• Planning Agencies: Braun Associates, Inc., Design Workshop, Isom and Associates, Knight Planning
Services, Land Studio, Land Planning Collaborative, Sid Fox and Co., Pylman &Associates, Mauriello
Planning Group, VAg, Vail Resorts;
• Engineering Agencies: Alpine Engineering, Arroyo Engineering, Benchmark Engineering, CTL
Thompson, Gamba &Associates, High Country Engineering, HP Geotech, Intermountain Engineering,
Peak Land Consultants, Resource Engineering, Inc., Schmeuser Gordon Meyer, Sopris Engineering
• Surveying Agencies: Archibeque Land Consulting, Backlund Land Surveys, Bookcliff Surveying, Eagle
Valley Surveying, Eldridge Land Surveying, Gore Range Surveying, John Curran, J&K Inc., Leland
Lechner, Lines in Space, Marcin Engineering, River City Surveys, Starbuck Surveying;
• State of Colorado: Department of Local Affairs, Colorado Department of Public Health &
Environment— Water Quality Division, Division of Water Resources, Colorado Division of Minerals
and Geology, Colorado Water Conservation Board;
• Emergency Response Districts: WECAD, Eagle County Health Service District, Basalt&Rural FPD,
Gypsum FPD, Greater Eagle FPD, Eagle River FPD;
• Special Districts: All water and sanitation districts.
• Other: Basalt Water Conservancy District, Northwest Colorado Council of Governments.
• All Registered Home Owners Associations and Design Review Boards.
DISCUSSION:
Chairman Ryan explained that due to a recent change at the state level,these regulations would no longer
reside in the Land Use Regulations.
Ray Merry stated that the action was a clean-up. The statute change let way for the state to consider some
statewide rules for onsite wastewater treatment systems. The action take today would remove Chapter 4 in the
regulations and reserve the chapter for future use.
Mr.Narracci reviewed the referrals. Every response received indicated no comment, or supported the
request. The Planning Commission unanimously recommended approval of the amendment. The motion included
a standard condition of approval.
Mr.Merry stated that the regulations could be found in the Attorney's Office, on Laserfiche, and online.
Commissioner Chandler-Henry moved to approve file no. LUR-4805 /Land Use Regulation Amendments
and the condition as referenced in the staff report.
Chairman Fisher seconded the motion. The vote was declared unanimous.
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Work Sessions
22. Grand Ave Bridge Replacement
Joe Elsen, CDOT Program Engineer
Craig Gaskill,TSH Engineering
I-70 Vail Pass Emergency Services Coverage
Keith Montag, County Manager
There being no further business before ' '®':.ar.� 3 eeting was adjourned until August 5, 2014.
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Attest: Mk, -�t e • .101. po ,/ AA, _C er to the Boar,r Chai•.-n
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