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HomeMy WebLinkAboutMinutes 05/02/17 PUBLIC HEARING May 2, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Bryan Treu Interim County Manager Aric Otzelberger Deputy County Manager Beth Oliver Interim County Attorney Christina Hooper Assistant County Attorney Holly Strablizky 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 2017-022 Designating May,2017 as Older Americans Month Carly Rietmann,Public Health and Environment Ms. Rietmann with the Healthy Aging Program spoke. The number of adults in the rural resort region was predicted to quadruple between 2010 and 2035. According to the 2010 census data,the population of 65+in Eagle County had increased by 135%since 2000. Each year they liked to recognize the robust older adult population by showing them how valuable their contributions were to making communities whole. In 2016,the program served seniors across the county at three sites, over 12,000 meals were served,471 exercise classes were held,and 1,700 trips were made in the senior van. Pat Nolan recognized Ms.Rietmann for her work and mentioned that Ms. Rietmann would be receiving the "Friend of the Seniors"award in Summit County. Also, Irene Olive was nominated"Senior of the Year". Commissioner Chandler-Henry thanked everyone for attending the meeting. She was so excited that local folks were receiving the awards at the Regional Northwest Colorado Council of Governments awards ceremony. One of the overall goals for Eagle County was to make it a great place to live for all. The work that everyone did was huge for this growing group of the population. Commissioner Chandler-Henry moved to approve the resolution designating May,2017 as Older Americans Month. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Consent Agenda First Amendment to Agreement between Eagle County and Ruggs Benedict,Inc for As-Needed Purchases of Flooring Materials and On-Call Installation,Replacement and Repair Services for County Owned Properties Ron Siebert 2. Community Services Agreement between Eagle County and the Eagle River Watershed Council for Providing Watershed Protection Services Ray Merry 3. Northwest Loan Fund-Request of Additional Funds for Contract F 1 6CDB 16-602 for Small Business Loans Jill Klosterman 1 05/02/2017 4. Fixed Bid Construction Agreement between Eagle County and Hellas Construction,Inc. for Freedom Park Turf Replacement Ron Siebert Commissioner Chandler-Henry moved to approve the Consent Agenda for May 2, 2017,as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Ryan opened constituent input. Joanne Rock thanked the Board for their support of senior services.As for senior awareness,given the cost of living she believed it would be good to have an open discussion related to an enlarged and expanded senior vet disabled homestead exemption, excluding their property tax exemptions. She wished to see someone provide affordable attorney services for seniors prior to death. Chairman Ryan closed constituent input. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Business Items Eagle County Housing and Development Authority 1. Agreement between Riverview Apartments Preservation,LP and Horizon Roofing, Inc. for Procurement and Installation Services Daniel Murray Mr.Murray stated that based on an assessment preformed in 2015,the roof on Building B needed replacement in order to avoid water damage from melting snow. Chairman Ryan reminded the viewing public that the county owned Riverview and the maintenance funds came from the cash flow of the property not the General Fund. Commissioner McQueeney moved to approve the agreement between Riverview Apartments Preservation, LP and Horizon Roofing, Inc. for procurement and installation services. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session Energy Smart Colorado 2 05/02/2017 Planning File SMA-6420,Minor A Subdivision-Chaves Parcel 2 Location: 320 and 324 Eagle Street, Gypsum area Owner: Marisa and Merril Lahman Applicant: Marisa and Merril Lahman Representative: Sam Ecker,Gore Range Surveying Staff Planner: Kris Valdez,MURP,AICP Staff Engineer: Nicole Mosby,PE, CFM Staff Recommendation: Approval Chairman Ryan opened the meeting. The hearing was scheduled for 30 minutes but she was skeptical that it would finish in that amount of time. Public comment would be heard, and if needed the hearing would be tabled to another date. The commissioners also requested there be a site visit before the next hearing. Ms.Valdez presented the request. The applicant was requesting to create three(3)legal lots through a Minor A subdivision process to correct the illegal subdivision that occurred in 2005; Lot 2A(38.85 acres)zoned Resource,Lot 2B(2.08 Acres)zoned Rural Residential, and Lot 2C (0.31 acres)zoned Resource which was restricted to open space for utilities and access. She presented the Minor A Standards and indicated that the proposed subdivision was in substantial conformance with the purposes, goals, and policies of the Eagle County Comprehensive Plan. The proposal complied with all the standards of the Eagle County Land Use Regulations. The proposed subdivision was located and designed to avoid creating special patterns that caused inefficiencies in public services. The property was suitable for development and compatible with the existing future uses of adjacent land. A Minor A plat was in conformance with the Final Plat requirements and other applicable regulations,policies, standards, and guidelines. Ms. Mosby stated that the applicant was also requesting a variance from Improvement Standards for Dual Access and 40 foot right-of-way width under the Geometric Design Standards. Based on the review of some of the public comment, it appeared there was some confusion on how public access was reviewed. She clarified the review process and discussed each item individually. Staff did not support the dual access as it would require undercutting a steep hillside and believed the 40 foot right-of-way would not be possible do to a leach field. Therefore staff felt that the applicant did exhibit hardship and supported the variances. Ms.Valdez stated that staff was recommending approval of the application and provided the board with their options for approval,denial, and/or tableting the file. Commissioner Chandler-Henry asked Fire Chief Kirkland about the referral letter that noted a concern about the provision of water for fire trucks and asked if his concerns had been satisfied. Chief Kirkland stated that during the building process the applicant would have to show that there was fire water available. There was a hydrant roughly 450 feet away from the edge of the property. Commissioner McQueeney stated that she looked forward to a site visit as the request seemed complicated. Commissioner Chandler-Henry wondered what was driving the request. Ms.Valdez stated that the applicant/property owner wanted to apply for a building permit and it was discovered that the property was illegally subdivided by the previous owner. They had a 37-acre parcel was in Rural Residential and the other part was in Resource. Chairman Ryan understood that the property was illegally subdivided and understood that staff was recommending approval of the file but wondered the consequence if the file were to be denied. Ms.Valdez stated that a determination with legal would be necessary to determine how the new owner could develop the property. Holly Strablizky,Assistant County Attorney,believed that a determination would require investigation and time. Commissioner Chandler-Henry asked if the current lot and proposed lot were both served by septic systems. Ms.Valdez stated that both lots were on septic but Lot 2B was being serviced by the Town of Gypsum. Commissioner Chandler-Henry asked about the public comment. Ms.Valdez stated the comments came in within the last few days. Commissioner Chandler-Henry stated that a site visit would be helpful. Chairman Ryan asked if subdividing the property would allow for four homes. 3 05/02/2017 Ms.Mosby stated that currently the driveway served two houses. If the property was subdivided there was a potential for fourth driveway. Ms. Strablizky stated that along the road alignment it was first the 2B property then it was the Town of Gypsum and then parcel 2C. Chairman Ryan opened public comment. Wendell Porterfield spoke on behalf of Roger and Nancy Freisen as well as Tammy Nagel(daughter of the Freisen's)and her husband. The biggest issue the Freisen's had was with the width of the roadway. The road was narrow and sloped which made the roadway somewhat dangerous with limited sight distance at the bottom. The amount of traffic that could be generated was a concern. The Freisen's were also concerned with fire protection. There was a hydrant on the Freisen property but it was their understanding that there was no water that went west out of the hydrant. Lastly, maintaince of the road was in question. Carol Richardson spoke. She lived at 310 Eagle Street which was at the dead end of the road. She had an easement across the road that would be accessible to get the applicants property but it was on a steep hill. She expressed concerns with the quality of her life if someone was to build a road and retaining wall near her home. Colleen Wirth spoke. She was an adjacent property owner in the Field's Subdivision. She wondered what the future road width would look like. She also had concerns with septic. The Town of Gypsum indicated that sewer could not be extended to her lot due to the change in elevation. She was concerned about how things would be maintained and what improvements she would be responsible for if there was a future driveway. She encouraged a site visit. Ms. Mosby stated that the road improvements would be required from the Town of Gypsum to the Field's access. Ms.Valdez stated that they pulled the original mylars for zoning done in the 1970's and the line was drawn incorrectly when it was computerized. The error would be corrected. Commissioner Chandler-Henry wondered if the applicants found a tabling of the file acceptable. Mr. Lahman indicated that that they would be in favor of tabling the file. Commissioner Chandler-Henry moved to table the file no. SMA-6420,Minor A Subdivision, Chaves Parcel to May 16, 2017. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session Wilderness Efforts Update Travel to Round Up River Ranch Site Visit Site Visit - Round Up River Ranch Planning File PDA-6408 Roundup River Ranch PUD Amendment Location: 8333 Colorado River Road Owner: Roundup River Ranch Applicant: Roundup River Ranch Representative: Rick Pylman,Pylman&Associates, Inc. Staff Planner: Kris Valdez Staff Engineer: Nicole Mosby Staff Recommendation: Approval 4 05/02/2017 Ms.Valdez stated that the PUD was approved in 2009 and the camp had been operational since 2011 and was in compliance with the original conditions of approval. The changes included increased medical, administrative, and dining space, greater square footage in the cabins to accommodate wheelchairs and an increase in dwelling units. This increase in square footage and density required an increase of square footage of some of the planning areas.Uses were also be added to the planning. The specific square footage and additional uses were covered in detail on page two and three of the staff report. Staff believed the project as conditioned met the standards. All adjacent property owners were sent notifications with hearing dates and times, and signage was posted on the property. Staff believed the proposal was in compliance with the Land Use Regulations(LURs). Some of the concerns from adjacent property owners included smell from wastewater,weed spraying thatkilled bees on adjacent property,rodent infestation, irrigation systems that hadn't been managed properly, and distrust of the facilities director to fix the maintenance problems. One of the public comments recommended that there be a design review board is established with neighbors for any future development. In response to the public comments at the Planning Commission hearing,the applicant removed the proposed solar array from the PUD guide, shortened the operating sessions, removed the allowance from a residential unit in the equestrian barn in planning area four,reduce the residential building height in planning area one,reduced the allowable residential density in planning area one, and eliminated the increase in indoor programming uses in planning area three. The Planning Commission recommended approval of the application with conditions. County staff and key external agencies recommended approval of the request with conditions and felt they were in keeping with the intent of the original PUD approval. Commissioner McQueeney asked if there had been any code complaints. Ms.Valdez stated that staff had contacted code enforcement, and they had not received any complaints from the neighbors. Rick Pylman,Pylman&Associates, representing the applicant, introduced Ruth Johnson,Pres. Chief Executive Officer and Sterling Nell Leija, Executive Camp Director. He stated that the Ranch served children ages 17 and under diagnosed with serious illness. They served 11 states,mainly the western region. Ms.Johnson stated that their mission was to enrich the lives of children with serious illnesses and their families by providing medically supported free camp experiences. Mr. Pylman stated that the facility had been operating for six years and was at half buildout of the camper cabins. The amendments would let the camp operate more efficiently. The applicant understood the concerns of the neighbors and was determined to be good neighbors. Commissioner Chandler-Henry asked about the residential square footage. Mr. Pylman stated he was uncertain where the original square footage number came from. There were eight units left to build. In summary they were simply trying to act more efficiently. The applicant believed the request was in line with their mission. Ms. Johnson stated that the camp had served well over 4,000 campers. They serviced very sick children whose lives consisted of hospital stays, doctor appointments and complex medical regimes. They have enlisted the support and advice of many to get where they were today. She believed their work made a difference in the lives of the campers. Mr.Pylman stated that they had proposed a 250-kilowatt solar array and had a donor that would fund it but the current grid system could not handle the power. They were still working with the donor and hoping to find a way to do some off site solar in the future. Commissioner Chandler-Henry asked about the proposed area wherethe observatory would be located. Mr.Pylman stated it would be in area three or four. It could be tied into the administration building and part of that square footage. Commissioner Chandler-Henry asked about the water rights and landscaping techniques. Mr. Pylman explained the water right limitations. Around future buildings there would be more xeriscaping and less sod. Commissioner Chandler-Henry asked about the wastewater capacity. Mr. Pylman stated that the wastewater treatment had a capacity. However, at some point they would have to add more equipment to meet the capacity. Chairman Ryan asked about the odor issue. Mr. Pylman stated that the plant was working as it was designed and they were aware of the complaints by the neighbors. They had half of the capacity of the water treatment plant and wastewater treatment plant constructed. At full buildout of the approved PUD,they would be at full capacity under the existing 1041. 5 05/02/2017 Chairman Ryan wondered if with the current 1041 they still had the capacity to accommodate the additional people proposed in this PUD amendment. Ms.Valdez stated that the 1041 application was part of the 2008/2009 file, on file in the Planning Department. The application was reviewed by Ray Merry as part of the referral process and a determination was made that they did not need to redo a 1041 permit for the PUD amendment. Chairman Ryan stated that one of the standards was the effect on adjacent properties. She asked if the odor would increase by adding more capacity. Mr. Pylman stated that they'd been working with the professionals on the issue and been told that there was not a significant problem that couldn't be solved. Chairman Ryan wondered if there was any recourse if the odor worsened. Ms.Valdez stated that there could be a condition added that if staff received a number of complaints,the 1041 permit would be reviewed. Commissioner Chandler-Henry wondered if it was possible to have an annual inspection of the system rather than building up complaints before something is done. Ms. Valdez stated that a condition could be added requiring an annual review of the equipment. Commissioner Chandler-Henry asked if a traffic report had been done for additional campers and staff. Mr.Pylman stated that they had their traffic engineer write a revised traffic report and staff had reviewed it. Chief Justin Kirtland,with Gypsum Fire stated that the applicant submitted a plan for the full development and put in 12 hydrants supported by 70,000 gallons of fire water. There was more than enough water available for the structures. All the current structures had sprinklers and alarms, and he'd like to see this continued given the response time. At one point in time a satellite station was proposed but it was unrealistic to do anything anytime soon so the property was given back to the ranch. The property owners in the immediate area had a higher level of protection because of the water use agreement. Commissioner McQueeney stated that although the applicant had a good plan, she wasn't seeing anything that addressed the concerns of the adjacent property owners. Mr. Pylman stated that would get the irrigation system up and running. Dust mitigation would be improved and any light sources that were not compliant would be replaced. Chairman Ryan asked about the dimensional limitations in planning area one. Mr. Pylman stated that there was a 35 ft. limit in planning area one for housing and they agreed to bring it down to 30 feet. Chairman Ryan stated that she was struggling with the concerns expressed by the adjacent property owners. The changes weren't different,there was just more and she wondered if it would impact the quality of life for the adjacent properties. Commissioner Chandler-Henry stated that she had the same questions. Commissioner McQueeney supported the mission but what the applicant was requesting was double with no trade. She wondered how the applicant would minimize the impact to the surrounding areas. Chairman Ryan opened public comment. Scott Hoover spoke. He lived at 8901 Colorado River Road across from the property. In 2007,Ruth Johnson and Allison Knapp visited him at his house and reviewed the proposal. They presented a map that described the facility as it was today. He supported the camp and believed it was a gem for Eagle County. The expansion to him was driven by-two needs,parking and programing space. He believed the campers spent too much time in the dining hall. He believed the addition being requestied in planning area four was crucial. He thought the diagrams were difficult to understand. There were impacts to the neighbors and complaints. He suggested that the board table the application and review the 2007 Wildlife Plan,which was rejected by the Planning Commission. He suggested the 2008 plan be included in the PUD. He believed there was some confusion with the planning area descriptions. He also suggested that the parking areas be paved to address prevent dust issues. Clint Oliver spoke. He lived at 9019 Colorado River Road, about a mile past the ranch. He drove by Roundup River Ranch every day, and in the summer time it smelled terrible. He was concerned with them expanding again in another five years. He would like to see the county work on a conservation easement for a portion of the property called"the farm". He suggested the applicant build the sewage facility to full capacity now. Chairman Ryan closed public comment. 6 05/02/2017 Commissioner McQueeney believed there needed to be some additional work done in the area of adverse impacts and loose ends that could be tightened up. Mr. Plyman stated that he was unclear as to the concerns with parking. They limited parking in planning area four as directed by staff.They were working off the plan originally approved. He believed the detail provided was at a much higher level. Ms. Johnson suggested with respect to the wastewater treatment plan that they rely on the experts to resolve the wastewater and sewer issues. The system was inspected during the camp season and they'd been implementing the corrective maintenance changes. Commissioner McQueeney asked that the applicant be a bit more transparent in terms of what was being built and the proposed square footage for the dwelling units. Commissioner Chandler-Henry appreciated what was being done and like the direction the applicant was going. There seemed to be good justification for the additional pieces. She also requested more detail as to square footage. Ms.Hooper requested additional language related to planning area one with respect to acreage and the proposed unit square footage. Chairman Ryan stated that she remained concerned with the density. She requested additional information on the wastewater treatment plant testing and if the treatment plant was being managed appropriately. Commissioner Chandler-Henry moved to table file no.PDA-6408 Roundup River Ranch PUD Amendment to June 20, 2017 @ 5:30 pm. Commissioner McQueeney seconded the motion. The vote was declared unanimous. OGLE r o There being no further bus es 11,1 •.-. :oard,the meeting was adjourned until Ma 8, 20 7. eai.o0'0 V� Q IP�rv►k.�-- ./�i/. . ( Attest: I-Cau � / A Clerk to the Board Chairm.4 7 05/02/2017