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HomeMy WebLinkAboutMinutes 01/03/17 PUBLIC HEARING January 3, 2017 Present: Jeanne McQueeney Chairman Jillian Ryan Commissioner Kathy Chandler-Henry Commissioner Brent McFall County Manager Aric Otzelberger Deputy County Manager Beth Oliver Deputy 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: Commissioner Updates Commissioner Ryan reassured the community that the elected officials would be continuing their work on the issue of health insurance premiums and would continue to provide updates. Commissioner Chandler-Henry gave a shout out to everyone working in the tourism industry and all of the community members working hard to provide services during the holiday season. 1. 2016 Veteran Services Volunteer of the Year Award Presentation Pat Hammon and Megan Burch,Human Services Ms. Hammon awarded the Veteran Services Volunteer of the Year Award for 2016 to Floyd Duffy. Mr. Duffy had been an active participant in Eagle County veteran programs. He'd gone above and beyond for veterans in need. He served in Vietnam during 1968-69 with one of the most active units. She thanked him for his services and was extremely grateful for all he did for Eagle County Veterans. Commissioner Chandler-Henry thanked Mr. Duffy for his service and ongoing hard work. She also thanked Ms.Hammon for creating the award and recognizing all of the veterans. Ms. Hammon was honored to represent the Western Slope and Eagle County. Commissioner Ryan congratulated Mr.Duffy for his service to the community. Consent Agenda 2. Agreement between Eagle County and Roaring Fork School District(Basalt Campus Kids)for Professional Services Joey Peplinski,Human Services 3. Agreement between Eagle County and the Foundation of Trustees for the Family Learning Center for Professional Services Joey Peplinski,Human Services 4. Agreement between Eagle County and Vail Valley Partnership for Economic Development Services Brent McFall,Administration 1 01/03/2017 5. Federal Transit Administration Section 5311 Grant Agreement for Capital,Planning and Operating Assistance to Support Public Transportation in Rural Areas Andrea Weber,ECO Transit&Trails 6. Colorado Counties Casualty and Property Pool Agreement for Partially Self-Funded Program Eagle County Jan Miller,Facilities Management Commissioner Ryan moved to approve the Consent Agenda for January 3,2017, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Constituent Input Chairman McQueeney opened constituent input. Anne Helene Garberg, owner of Rocky Mountain School of Discovery in Gypsum and Eagle spoke. She recently took over Sunshine Mountain Preschool in April and had to be out of the present location by March 31. She purchased property on Brooks Lane with the idea of opening the school but the Eagle town board denied their special use permit in August based on traffic impact. She expressed frustration and asked if there was anything the county could do to help. She believed the services she provided were critical and the location was ideal for the county. Chairman McQueeney appreciated her passion. The board understood the need of quality childcare.The Town of Eagle needed to be a partner as well. The board would do their best to do whatever possible for the families. Commissioner Ryan asked if the road improvements were the only issue on the special use permit. Ms. Garber believed the road was the main reason but was told the neighbors also needed to be considered. Chairman Jeanne McQueeney closed constituent input. Planning File 8. ZC-6424 Dennis Property Zone District Amendment Request Scot Hunn,Planning Title: Dennis Property Re-Zoning Request File No./Process: ZC-6424/Zone District Amendment Location: Eby Creek Area Owner: Lisa Dennis Applicant: Same Representative: Chad Salter,RMT Architects Staff Planner: Scot Hunn,AICP Staff Engineer: Taylor Ryan Staff Recommendation: Approval,with Conditions 2 01/03/2017 I. Executive Summary: g .,. „4t"',., �yyq, L” 7 Request ` ,.. ,; ., E The Applicant requests review of a Zone District Amendment fora 105 �,,, acre property located just north of the � k ; Based on staff's analysis of the required standards relative to the Applicant's request and rationale for the zone change, staff is recommending approval. The only issue identified by staff and external review agencies is the existing condition of the private access road and the private driveway serving the subject property. The Applicant is proactively working with Eagle County and the Greater Eagle Fire Protection District(GEFPD)to address any outstanding issues regarding access. Planning Commission Review The Eagle County Planning Commission held a public hearing on Wednesday, December 21, 2016 to consider this request. Following presentations by staff and the Applicant's representative, the Planning Commission deliberated briefly and voted unanimously to recommend approval,incorporating staff's recommended findings and conditions. Background The subject property has been zoned Rural Residential (RR) since 1980, when 600 acres of land located north and west of the Eby Creek Mesa Subdivision were speculatively rezoned without any associated subdivision plans or subdivision improvement agreements. The subject property currently has one (1) single-family residence and out buildings. Lisa Dennis purchased the property in May, 2016 and her representatives approached Eagle County shortly thereafter to inquire about construction of a new single-family home, a new barn with an accessory dwelling unit attached, and a pond. These discussions lead to the realization that the Applicant would need to pursue a zone change to allow for the 1,800 sq. ft. ADU. Following initial discussions regarding zone change process, the applicant submitted an application for Zone District Amendment in August, 2016. During initial review of the application by staff, questions related to the existing conditions of the access road and private drive arose, and the Applicant's representative then worked collaboratively with Eagle County and the GEFPD to resolve any potential issues. Since the original application date,the Applicant has applied for and has received a building permit for a new barn structure; any ADU that may be constructed within the barn will not be permitted until and unless the zone change request is approved by Eagle County. II. Site Data: Surrounding Land Uses/Zoning: ,' .A Existing Land Use(s) Zone District North: BLM Range Land Resource Preservation(RP) South: BLM Range Land Resource Preservation(RP) East: Residential/Agricultural Rural Residential(RR) West: Residential/Agricultural Rural Residential(RR) Existing Zoning: Rural Residential(RR) Proposed Zoning: Resource(R) Current Development: Existing homesite; Outbuildings; Ditches; Fencing Site Conditions: Existing homesite; Outbuildings; Irrigated Pasture Total Land Area: Acres: 105 acres Square feet: Total Open Space Acres: N/A Percentage: N/A Usable Open Space: Acres: N/A Percentage: N/A Water: Public: N/A Private: Well Sewer: Public: N/A Private: OSWTS 4 01/03/2017 Access: Eby Creek Road;private access easement III. Referral Responses: This application was referred to twelve (12) county departments and/or external referral agencies such as Colorado Parks & Wildlife, and the Town of Eagle. Staff received the following responses from Eagle County Engineering Department and the Greater Eagle Fire Protection District: Greater Eagle Fire Protection District(Randel Cohen,Interim Fire Marshal): Comments received focused on the condition of the existing access road as well as the private driveway serving the property. The district verified that neither driveway meets the International Fire Code requirements, but that each "have adequate widths that would support the response of emergency apparatus."The District suggested the following actions be taken by the Applicant: • "Vegetation along both the shared driveway and the private driveway be trimmed back three (3)feet from the edge of the existing gravel driveways. • Apparatus pull-offs be placed at two locations along the shared driveway: o At the top of the crest located at 1537 Eby Creek Road o Just prior to the entrance of 1539 Eby Creek Road • Apparatus pull-offs must be engineered to hold a static weight of 56,000 lbs (28 tons)." Eagle County Engineering Department(Taylor Ryan): Comments received by the Engineering Department reiterated the concerns and recommendations of the Greater Eagle Fire Protection District; Mr. Ryan recommended that each of the District's recommendations become conditions of approval. IV. Standards: Staff Analysis Staff believes the proposed zone change: 1) meets or can meet each of the required standards, as conditioned; and, 2) specifically furthers several goals of the Eagle County Comprehensive Plan and the Eagle Area Community Plan. Staff has reviewed this proposal against the standards for a Zone District Amendment, in particular, those concerned with conformance to applicable master plan documents, and compatibility. Staff found that, with regard to conformance to the master plan, the Eagle Area Community Plan was most applicable. That plan supports the preservation of rural, agricultural, and low-density land uses and zoning in the areas north of Eby Creek Mesa Subdivision. Staff also focused on adequacy of infrastructure, specifically the access provided to the site via a private access easement that starts at Eby Creek Road, and traverses from east to west several other properties in the area. Staff and the Applicant worked with the Greater Eagle Fire Protection District to assess existing conditions on the access road and to arrive at mutually agreed-upon improvements such as vehicle turnouts and removal of overhanging vegetation at key points where the road narrows or curves. (See attachments within the application including photos and a plan showing sections of the access road and private drive where improvements will be made, as well as a letter from the GEFPD). Overall, staff suggests that given the request (a down-zoning rather than an up-zoning), issues that would normally take-on more importance (such as adequacy of infrastructure, or lack thereof) due to concerns over increased density, intensity of use, or additional (new) impacts on resources, become less critical or even non-issues. Simply, while this application gave the County and other agencies the opportunity to review existing conditions in the area (like the access road) and to make recommendations for improvement, staff welcomed this application given the history of the subject property and surrounding lands that were speculatively up-zoned in 1980; it is not often that 5 01/03/2017 the County is presented with a request to down-zone a property and therefore to reduce development potential in a given area, much less an area that the County and Town of Eagle have identified as one where desired rural and agricultural character, access, wildlife concerns, water resource protection, and other issues are limiting factors to future development. Below, staff has responded to each of the standards necessary for making positive findings. Findings Pursuant to Section 5-230 -Amendments to the Text of These Eagle County Land Use Regulations or the Official Zone District Map, Eagle County Land Use Regulations (ECLURs), the staff offers the following analysis of required standards for the Board of Commissioners' consideration: 1. Consistent with the Comprehensive Plan - That the proposed change in zoning is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan, as well as with the goals,policies, and intents of any applicable Area Community Plans or other applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. Staff Response: Staff suggests that the proposal is in substantial conformance with the purposes, intents, goals and policies of the Eagle County Comprehensive Plan, the Eagle Area Community Plan, and other ancillary master plan documents. Specifically,the following Comprehensive Plan policy areas were reviewed: General Development The Comprehensive Plan generally encourages coordination of land use review with local municipalities, directing growth away from sensitive areas and into community centers, and preserving the natural beauty of the County as development proposals are considered. The proposed zone change was reviewed by the Greater Eagle Fire Protection District, and was referred to the Town of Eagle. Staff believes this proposal achieves several general development goals and policies based on the potential to reduce potential densities located outside of community centers. Economic Resources The proposed zone change can be viewed favorably in context to the preservation of large lots and wildlife habitat (and therefore the lessening of potential development impacts on local wildlife populations), as well as the potential to create and/or diversify local housing options (by virtue of allowing for the creation of an 1,800 sq. ft. ADU). Such considerations support the economic resources in Eagle County. Housing The proposed zone change, if approved, facilitates the creation of an 1,800 sq. ft. ADU that, in the future, could provide housing to locals (ranch hands, or otherwise). This use would likely further the County's affordable housing goals by diversifying the housing stock, and providing an opportunity for housing within proximity to work centers, services, and public amenities. Infrastructure and Services The subject property is adequately served by public facilities and services including roads, potable water and wastewater facilities, parks, schools, police protection and emergency medical services. The Applicant's representative worked closely with the Eagle County Engineering Department and the Greater Eagle Fire Protection District to assess and make recommendations towards the existing conditions of the private access road serving the property. The Applicant has subsequently committed to making certain improvements to the access road and to continue to work with the GEFPD to ensure improvements meet the requirements of the District. Overall,the down-zoning of the subject property serves to significantly reduce the potential for future subdivision of the parcel, thereby reducing the potential future service demands in the area. 6 01/03/2017 Water Resources The subject property is currently serviced by a private well. The proposed zone change, if approved, will significantly reduce potential development on the parcel, thereby reducing the potential for increased impervious surface coverage, as well as demands on potable drinking (ground) water. Thus, the proposal has the potential to reduce overall impacts to both ground and surface water resources. Wildlife Resources A referral was sent to Colorado Parks and Wildlife; no response was received. Staff believes that the proposed down-zoning relieves future development pressure on the area by effectively removing any ability to subdivide the property into two-acre parcels(lot sizes currently permissible under RR zoning). However unlikely given the policies and future land use map of the Eagle Area Community Plan, this could result in the creation of approximately 52 lots. By comparison, under Resource zoning, the property could be subdivided via Land Survey Plat into potentially 3 new lots; the Applicant has shown no indication of any intent to further subdivide, and as a matter of practicality, any subdivision proposal using the existing zoning (RR) would generally not be supported by the Comprehensive Plan. Nevertheless, a reduction in potential development density on this parcel is viewed by staff as significantly improving or reducing potential impacts on wildlife habitat and resources. Sensitive Lands The proposed rezoning, with the conditions, is not anticipated to cause any deterioration of natural resources. Under existing zoning (RR), the property owner could develop one (1) ADU of up to 850 sq. ft. This proposal simply allows the applicant to increase the size of the future ADU. Therefore, impacts from future residents of the ADU would generally be the same under either scenario. Staff believes that this proposal serves, if anything, to reduce potential impacts on sensitive lands. Environmental Quality The proposed zone change is not anticipated to cause significant deterioration in air resources and noise levels. If anything, the proposal to down-zone the subject property should serve to significantly reduce potential future development and,therefore, significantly improve local air and water quality, reduce noises and overall energy usage typically associated with residential development. Future land Use Map The subject property is located within the "Castle Peak Character Area" of the Eagle Area Community Plan(EACP)which was adopted in 2010. The EACP generally recognizes the existing rural, agricultural nature of this area and recommends that wildlife habitat,road infrastructure (Eby Creek Road), and other factors will limit future development. Future Land Use Map (FLUM) identifies the property as "Agricultural / Rural Lands". The EACP speaks directly to the subject property(and surrounding properties that are similarly zoned RR): "In 1980, almost 600 acres of land north and west of the Eby Creek Mesa Subdivision was rezoned from Resource to Rural Residential (RR) without an attendant subdivision plan or subdivision improvement agreement. Rural Residential zoning provides for a minimum lot size of 2 acres. Since 1980, values, expectations, concerns for wildlife and various regulations and policies related to access, hazards and service have changed. While nothing in this document is intended to contravene any use by right that has been conferred on any specific property, the intent of this plan is that the properties north and west of the Eby Creek Mesa subdivision be devoted primarily to the preservation of critical wildlife habitat and the County's ranching heritage, and that they remain rural and agricultural in character (please reference the definition of "Rural Character" in the Glossary of Terms). Where residential sites exist or are 7 01/03/2017 determined to be appropriate, it is also the recommendation of this Plan that they be adequately served with roads, water, wastewater,fire and life safety and other appropriate infrastructure and services." Further,the Eagle Area Community Plan sets forth the following policy goals for the Castle Peak Character Area: "A. Preserve rural character. Maintain low residential densities with the predominance of private land remaining undeveloped and/or devoted to agricultural uses. B. Promote the acquisition and/or conservation of private properties as open space. C. Preserve the quality of wildlife habitat and movement corridors to better assure the presence of healthy wildlife populations. D. Preserve the quality of wetlands, streams and riparian corridors, and the vegetative communities that they support. E. Improve or add public land access points where appropriate. F. Work towards removing unnecessary fencing, and encourage the use of wildlife friendly fencing according to CDOW standards. G. Retain historic views from local roads, and preclude buildings or land disturbances on steep slopes and ridgelines." 2. Compatibility with Surrounding Land Uses - That the proposed change in zoning is compatible with the type, intensity, character and scale of existing and land uses surrounding the subject property. Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing or permissible uses surrounding the subject property. Staff Response: Staff believes this standard has been met. The subject property is adjacent to Bureau of Land Management property located to the north and south, while private properties located to the east and west are both zoned Rural Residential (RR); each adjacent lot is developed with single-family structures and Accessory Dwelling Units on similarly sized parcels. Staff believes the proposed zone change and the resultant uses by right that would be permitted on the subject property are compatible with existing and future uses on adjacent properties. 3. Public Benefit - That the proposed change in zoning addresses a demonstrated community need or otherwise results in one or more particular public benefits that offset the impacts of the proposed uses requested, including by not limited to: Affordable local resident housing; childcare facilities; transportation efficiencies;public recreational opportunities; infrastructure improvements;preservation of lands of high conservation value;senior housing; or, medical facilities. Staff Response: Staff believes this standard has been met. The proposed zone change provides the benefit of further preserving the openness and natural character of the area. Also,by virtue of planned improvements to a private access drive,the Applicant has committed to improving infrastructure serving other private and public property in the area. 8 01/03/2017 4. Change of Circumstances - That the proposed change in zoning addresses or responds to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. Staff Response: Staff believes this standard has been met. Staff suggests that while there are no material changes that have occurred-to land ownership patterns, land uses, or future land uses designated by master planning documents - in the immediate neighborhood that would cause individual land owners to respond by down-zoning their properties, the current owner of the subject property has recognized the value to the community provided by this down-zoning request; she has aligned individual goals with the larger order policies and specific recommendations of the Eagle Area Community Plan. 5. Adequate Infrastructure- That the property subject to the proposed change in zoning is, or may be served by adequate roads, water, sewer and other public use facilities. Staff Response: Staff believes this standard has been met,as conditioned. The subject property is adequately served by public facilities and services including roads, potable water and wastewater facilities,parks, schools,police protection and emergency medical services.The property is outside any fire service district. However, in the event of an emergency, the property will be served by the Gypsum Fire Protection District. DISCUSSION: Mr. Hunn introduced Taylor Ryan, the Eagle County project engineer, and Chad Salter from RMT Architects who was representing the applicant. Commissioner Ryan disclosed her relationship with the county engineer on the file and stated that the relationship would not prevent her from being impartial and objective. Her decision would be based solely on what was presented in the hearing. Mr. Hunn stated that the exiting zone on the property was rural residential. The applicant wished to down zone to resource allowing for 35-acre properties. The owner desired to construct one 1,800 square foot accessory dwelling unit (ADU) or apartment within a barn and a new single family home. The rural residential zone district allowed for ADUs of up to 850 square feet. The parcel had an existing single family residence and some out buildings, irrigated pastures, and sage. It was served by a private access drive. The area was bordered by Bureau of Land Management (BLM)property and properties of similar size and character. The applicant had been working with staff to address concerns of the Greater Eagle Fire District. The applicant had committed to some improvements to the access drive. He reviewed the approval criteria and standards. Based on staff's analysis, the request and rationale for the zone change met the required standards. Commissioner Chandler-Henry asked about Finding 5, staff responses, and if the property would be served by the Greater Eagle Fire District or Gypsum Fire Protection District. Mr. Hunn stated that the property would be served by the Greater Eagle Fire Department, not the Gypsum Fire District;this was a typo in the staff report. He reviewed the prapo„sed conditions. Commissioner Chandler-Henry wondered if the property could;lie divided into three 35-acre parcels. Mr.Hunn confirmed that the property could be divided. The ABU would be within the barn. Commissioner Chandler-Henry asked about the pond and if there W9uld be any responsibility by the county to permit the pond or make sure the water rights was in line. Mr. Hunn stated that a grading permit would be required if a pond got over 10-acre feet in size. A special use permit would be required and a closer look at the water rights would be required. Mr. Ryan stated that demonstration of the water rights would require a review of the dam by the State Engineers Office. The pond was a separate issue. Chairman McQueeney asked what could be built on the property. 9 01/03/2017 Mr. Hunn stated that the property could be split into three total lots and only be required to get a building permit. The down zoning removed the potential of subdividing the property into greater than three lots. Chairman McQueeney opened and closed public comment, as there was none. Commissioner Chandler-Henry believed the request looked straight forward and was a well prepared file. She believed the request met the standards for a zone change and she was prepared to vote yes. Commissioner Ryan agreed. Based on staff's analysis of the standards and the applicants rational for a zone change,the zone change was justified. Chairman McQueeney concurred. Commissioner Chandler-Henry moved that the Eagle County Board of Commissioners approve the Zone District Amendment request for the subject property located at 1539 Eby Creek Road (Eagle County File No. ZC- 6424)because the request meets the standards for Zone District Amendment, incorporating staff's findings and the following 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) The Applicant shall work with the Eagle County Engineering Department and the Greater Eagle Fire Protection District to complete the following improvements prior to or concurrent with the issuance of a building permit for either a new single-family residential structure, or an Accessory Dwelling Unit (ADU) on the subject property,whichever occurs first: a. Vegetation along both the shared driveway and the private driveway be trimmed back three(3) feet from the edge of the existing gravel driveways; b. Apparatus pull-offs be placed at two locations along the shared driveway: i. At the top of the crest located at 1537 Eby Creek Road ii. Just prior to the entrance of 1539 Eby Creek Road c. Apparatus pull-offs must be engineered to hold a static weight of 56,000 lbs(28 tons). Commissioner Ryan seconded the motion. The vote was declared unanimous. ocaz coo There bein: o further busines I:1!; :*. d,the meeting was adjourned until J uary 10,2017. • o Attest: �otoA�� Adir er the Board � an 10 01/03/2017