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HomeMy WebLinkAboutMinutes 05/16/17 PUBLIC HEARING May 16, 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 Holly Strablizky Assistant, County Attorney Regina O'Brien Clerk to the Board 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 McQueeney gave a shout out to the Vail Valley Partnership Success Award winners and the wonderful Friday luncheon. The Success Awards event highlights the work businesses are doing to make Eagle County what it is and who we are as a community. The specific award winners were listed on the Vail Valley Partnership website. She also wanted to thank all the people who volunteered for the Highway Clean-Up Day that took place last Saturday morning. She gave a shout out to the Eagle Valley Land Trust Cow Pie Bingo event. The park was filled and the fun, family event had grown. The Eagle Valley Land Trust was a great county partner, working to protect and conserve open space. She thanked all the volunteers who sold squares. Commissioner McQueeney's last shout out was to Crown Mountain Park for hosting 95 lacrosse teams for a Saturday and Sunday tournament. The event was a well-coordinated with 1500 athletes and 3000 spectators. All attendees were appreciative of the recreational district and the work that Crown Mountain did over two long days. Commissioner Chandler-Henry provided an update on the Hardscrabble Ranch purchase for open space. There was a meeting last week to discuss funding and they were waiting on water rights negotiations to occur. There was an agreement on the water rights on Friday afternoon, so now the project was in the next phase which was a grant request for$3.1 million from GOCO. There should be a staff recommendation in June,and the county would learn if the grant was successful on June 15t. She highlighted two aging well conversations taking place tomorrow in the Roaring Fork Valley. There would be panel discussions and celebrations on healthy aging. Commissioner Ryan stated that she and Commissioner Chandler-Henry were heading to the airport later in the day to meet with representatives of the Colorado Department of Transportation(CDOT)to celebrate State Infrastructure Week. This was an opportunity to recognize how important infrastructure was to everyone's daily lives. The commissioners were also going to highlight the auxiliary lanes,or"climbing lanes,"project for Vail Pass which was currently in the design phase. The project would add additional lanes to the Pass where slower traffic or trucks could use these specific lanes. This might allow the Pass to perhaps stay open more and relieve some safety concerns. Before the Colorado legislative session ended, a bill was passed that provided some funding for schools, hospitals and transportation, including,potentially, some funding for this project. The hope was that federal funds would also become available for these kinds of I-70 corridor projects that were expensive. Consent Agenda 1. Third Amendment to Agreement between Eagle County and Vail Valley Jet Center,Inc. for Landing Fees Ken Brown,Airport 2. Encroachment Easement Agreement between Eagle County and 2100 ALPINE,LLC Julie Pranger,Engineering 1 05/15/2017 3. Third Amendment to Agreement between Eagle County and Correctional Health Care Companies,LLC for Inmate Health Care Services Jessie Porter,Eagle County Sheriff's Office 4. Agreement between Eagle County and Colorado Department of Public Health and Environment for Tuberculosis Services Rebecca Larson,Public Health and Environment Commissioner Chandler-Henry moved to approve the Consent Agenda for May 16,2017, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Ryan opened constituent input. Joanne Rock wanted to bring several ideas to the attention of the Commissioners.The first was asking for help to introduce a bill that would establish an escrow account for property tax breaks and subsidies for safety improvements to counter balance out-of-sight, out-of-mind owners. Ms. Rock also wanted the Commissioners to consider planning and hosting a give-and-take student representative government meeting and to initiate national student day. Ms. Rock was hoping someone could to start a discussion on a confidential issues related to health care. She wondered if it would be advantageous to have all healthcare professionals to have income tax exemptions to encourage lifetime learning and perhaps then there would be less pressure to raise salaries and premiums. Commissioner Ryan asked Ms. Rock to briefly pause her comments while the March for Mental Health participants entered the Eagle County Room. The volume in the room due to March participants entering was making it difficult to hear Ms.Rock. Ms. Rock wanted to open a discussion to consider a 1%universal Medicaid payroll tax with an exemption for some. Lastly,Ms.Rock gave each Commissioner a copy of a letter she wrote to the Board of Education to ensure good use of tax payer funds. Business Items Resolution 2017-024 Designating May 2017 as Mental Health Awareness Month Sarah Kennedy,Public Health Ms.Kennedy thanked everyone for coming out in support of the March for Mental Health. May was Mental Health month,which was established 68 years ago by Mental Health America. Good mental health was essential as one-in-four people suffer from mental health challenges each year. She stated the March for Mental Health helped bring awareness to the role we all play in mental health and reminds us that we were all in this together. Commissioner McQueeney stated that the turnout for the march was impressive and gave a shout out to Agnes Harakal as well as the Total Health Alliance and the Eagle County Sheriff's Office. She thanked all the participants for taking the time out of the day to draw awareness of mental health in our community. Commissioner Chandler-Henry added her thanks to all for participating in the march. She also thanked Ms. Harakal and her son John for their bravery and courage to share their story. She believed it was important to bring awareness of the lack of resources for mental health needs in the county, state, and nation. Eagle County would be working on mental health initiatives. Commissioner Ryan added her appreciation. She thanked Ms.Harakal and stated that Eagle County Public Health and Sheriff's Office have been on this topic for a while. She stated that the county had elevated mental health in its strategic plan to a focus area and hoped to bring more resources to Eagle County. She invited Ms. Harakal to say a few words. 2 05/15/2017 Ms.Harakal said that the great turnout for this march demonstrated the love and support for those with mental illness. She thanked everyone for coming, showing that they cared.Ms.Harakal also thanked the commissioners for their support on this issue. Ms. Harakal invited her son John to speak. John Harakal thanked everyone for coming and the commissioners for listening. Commissioner Ryan concluded by thanking law enforcement and emergency medical services for participating in the march. Commissioner McQueeney moved to approve the resolution designating May 2017 as Metal Health Awareness Month. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous Resolution 2017-025 Approving and Authorizing any County Commissioner to Execute the Amended and Restated Certificate of Designation for the Eagle County Landfill Jesse Masten, Solid Waste and Recycling Mr.Masten introduced Diane Mauriello of Diane H.Mauriello P.C. and Winn Cowman of Souder,Miller and Associates. Ms. Mauriello was legal counsel on the project and Ms. Souder was the project consultant for the solid waste and engineering departments. Ms.Mauriello stated the goal of the presentation was to present an overview of what a certificate of designation was and to seek a resolution approving an amended and restated Certificate of Designation for the Eagle County Landfill. Ms.Mauriello asked that the board open the discussion to public comment. Ms.Mauriello stated that much of this work was already done in 2015,but they wanted to go back and make sure they complied with statute. Mr.Masen stated that a Certificate of Designation is a document issued by the governing body having authority to designate a site and facility for solid waste disposal. In the county,the Board of Commissioners was that governing body. Staff and the board went through the process of approving an Amended Certificate of Designation in 2015 but inadvertently failed to prepare the actual certificate for signature by the Board of County Commissioners. Staff wished to rectify this oversight and was requesting that the Board approve the resolution that had been presented for its consideration. No changes were made to the 2015 version. Eagle County has a current and valid certificate that was issued in 1986 for sanitary landfill operation for 180 acres and covered the area that was currently being used as a solid waste disposal site and facility. In 2002 and 2003 Eagle County acquired from the Bureau of Land Management the title to the land that was the subject of a lease(approximately 180-acres)as well as additional acreage for a total of 730-acres. Mr.Masten showed the commissioners a map of the entire 730- acres, and the detailed 180-acre area. On January 7,2015 the Eagle County Planning Commission recommended approval of the issuance of a special use permit and an amended certificate of designation. By Resolution 2015-048 dated June 16, 2015 the Board of County Commissioners approved the special use permit and a certificate of designation subject to certain conditions. Due to an inadvertent oversight, staff failed to prepare the amended certificate for signature which was why this was currently being presented to the board. Ms. Mauriello stated that the certificate of designation that was before the board included the conditions from the 2015 resolution and that was why those conditions were being put in front of the board today. She stated they were simply seeking approval of the amended certificate of designation. Commissioner Chandler-Henry asked if the special use permit still applied to the 180-acres. Mr.Masten stated that it did. Ms.Mauriello presented considerations for the board related to compliance with zoning and the comprehensive plan. This area had already been recognized for landfill purposes in 2014 and this was still the case today. There had not been any changes to the plans or regulations since that time, so they felt confident that this was still the case. Mr.Masten spoke of other considerations such as types of processing to be used,the surrounding property, the convenience and accessibility of the sold waste disposal site and facility to potential user,the ability to comply with the health standards,and operating procedures prescribed by the Colorado Department of Public Health and Environment. There were no notices of violation to date. Ms. Mauriello stated by statute,this was up to the board's discretion to grant the certificate. The certificate expressly provided that it may be revoked by this board. The certificate would cover the full 730-acres,but the special use permit still just relates to the smaller piece as the facility was not expanding at this time. 3 05/15/2017 Commissioner Chandler-Henry asked if there was public comment or concerns with this proposal. Mr.Masten stated they reached out to adjacent property owners and no concerns were raised. Commissioner Chandler-Henry asked Ray Merry of Eagle County Environmental Health if there were any health concerns with water. Mr.Merry stated this was good practice. The Colorado Department of Health and Environment set the operational standards, so the state will not allow anyone to establish a landfill without the board's approval. Ms. Mauriello stated that statutory process was followed for this hearing. Notice of today's hearing was posted in the main county building, at the landfill, in the Eagle Valley Enterprise,and at the county's El Jebel office. Commissioner McQueeney thanked the presenters for dotting"t's"and crossing"i's." She appreciated the work that was done and the reaching out to neighbors. Commissioner Ryan asked how the oversight was caught. Mr.Masten stated staff caught this during an oversight inspection which showed they had a certificate of designation but that were supposed to have a certificate that included the entire acreage. Commissioner Ryan stated that this was a good catch. Mr.Masten stated they were not out of compliance,but this was something that simply needed to be buttoned up. Commissioner Ryan asked for public comment and there was none. Commissioner Chandler-Henry stated that everything looked in order and expressed her thanks for catching the missing signature and getting this back up on public view. Commissioner McQueeney moved to approve the resolution approving and authorizing any county commissioner to execute the amended and restated Certificate of Designation for the Eagle County Landfill. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Site Visit SMA-6420 Plat-Chaves Parcels Lot 2, 320 and 324 Eagle Street, Gypsum Area Planning File File No./Process: SMA-6420,Minor A Subdivision Project Name: 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 NOTE: Tabled From May 2, 2017 Ms. Valdez stated that the hearing was for Minor A Subdivision for Eagle County file no. SMA-6420. The file would create three legal lots of record. The lots had two zone districts on them and were not contiguous. Ms. Mosby explained the variance request. The applicant was requesting to subdivide the parcel into three lots, including two buildable lots, Lots 2A and 2B. The applicant must demonstrate a buildable site and have adequate legal access to the public way for each newly created lot. Upon review it was evident that roadway standards instead of driveway standards would apply to certain portions of the access as a result of the proposed subdivision.The applicant was requesting variances from dual access and a 40 foot right-of-way from the geometric standards of the Road Design Standards. Ms. Valdez stated that the proposed subdivision was in substantial conformance with the purposes, intents goals, and policies of the Eagle County Compressive Plan. The proposed subdivision complied with all the standards of the Eagle County Land Use Regulations including the applicable standards of Article 3,Zone Districts, and Article 4 Site Development Standards. She presented the staff findings and recommendation pursuant to Section 5-290.G.1., Standards for Type A Subdivision. 4 05/15/2017 Ms. Mosby explained that the applicant's hardship to provide dual access and 40 ft.right-of-way. Chairman Ryan wondered if the applicant would be required to make improvements to the road. Ms.Valdez stated that they may have to road improvements per international fire code. Ms.Mosby stated that there were some concerns from the Fire Department about some tree encroaching but nothing major. Ms.Valdez stated that the Fire Department was happy with the plat note to meet their concerns. Ms.Mosby stated that the variance from improvements standards for segment two (2)met the criteria for dual access variance bases on the physical constraints on the site and the criteria for right-of-way width based on the bottleneck of the easement on the Fields parcel. It was the opinion of the Engineering Department that,if the board found that the variance was justified,the remaining geometric features of a type VII, Rural Access Road shall be achieved within the existing easements. Ms.Valdez stated that based on analysis of the Minor A Subdivision standards, staff recommended approval of the request. Commissioner Chandler-Henry asked about the current driveway in the Field's parcel and wondered if it was a use by right. Ms.Valdez stated that it was a civil matter and up to the property owner to ask that the driveway be removed. Commissioner McQueeney asked about the terminology of a prescriptive easement. Ms. Mosby stated that a prescriptive easement was a historic easement that had been in use for over 18 years. Commissioner Chandler-Henry wondered about the corner of the Fields parcel that was cut off by the access road. Ms. Mosby stated that it was part of the 25 foot access easement and was legal. Chairman Ryan opened public comment. Wendell Porterfield spoke on behalf of Roger Friesen and Tammy and Paul Snyder. It was apparent that Lot 1 had been built upon. If the entire subdivision was illegal,why was part of the property permitted. The road was not dedicated to the public and would be burdened by additional traffic. The applicant had not addressed the impacts to the surrounding neighbors. Tammy Nagel spoke. There were many concerns with the request. The road was maintained by the county. She requested that there be the road cleared and the 40 foot width be maintained. She asked that the variance be denied. David Wirth spoke. He understood the zoning was out of the ordinary but was not convinced there was a need for the subdivision. He did not support the subdivision. Chairman Ryan closed public comment. Ms.Valdez stated that they spent years with multiple attorneys to come up with a process to legalize these parcels. The Lahman's did not create this problem it was the previous owner that created it. The Minor A Subdivision was the best solution. Ms.Mosby stated that the easement across the Friesen's property wasn't specific. The 1996 plat indicated that the easement was dedicated to the public. Ms.Valdez stated that the applicant did not want to be annexed into the Town of Gypsum. As far as the trees and signs on the roadway,they were not part of the subdivision process. Commissioner Chandler-Henry asked about the possibility of building four homes. Ms.Valdez stated that the applicants were proposing a main residence and an accessory dwelling unit. Commissioner McQueeney wondered if the proposal would be expanding the uses of the prescriptive easement. Holly Strablizky stated that the prescriptive easement allowed the Friesens access through Segment 1. The reciprocal easement allowed the Field's and the Chaves parcel access through the Segment 1. The uses were not expanding because the property was already a beneficiary of the easement. Commissioner Chandler-Henry asked what was allowed on the parcel right now and why did Lot 2B appear. 5 05/15/2017 Ms. Valdez stated that to have the entire property rezoned was costly. This process made more sense to legalize the lots. The county could not issue a building permit under the legal lot of record. Commissioner Chandler-Henry asked if it was required to have a building envelope on a lot that was Rural Residential. Ms.Valdez stated that a building envelope was not required; it was created based on a letter from the Colorado Geological Survey. Commissioner Chandler-Henry wondered if the applicant wanted to build two homes. Ms.Valdez stated that this was just the best fix. Ms. Strablizky stated that as far as public comment there were a large number of civil issues with regards to the site. In the letters there were a lot of questions as to maintenance of the road, and she believed those were also civil issues. Commissioner Chandler-Henry asked if there were any conditions. Ms. Valdez stated that typically they did not condition plats. Maris Lahman stated that their intention was to decrease the amount of traffic. They never intended on building four homes. This was something they did at the request of the county. She believed the uproar was for nothing. They did not want to build four homes and did not want to have three properties. The process was costing them a lot of money. They had done nothing but improve the area. Commissioner Chandler-Henry moved that the board adjourn into Executive Session for the purpose of receiving legal advice on the file. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn from Executive Session and reconvene as the Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Chairman Ryan stated that the board wished to table the file for a more elegant solution. She asked the applicant if they were interested in tabling the file. The applicants indicated that they were in favor of a tabling. Commissioner Chandler-Henry moved to table the file no. SMA-6120,Minor A Subdivision for the Chaves Parcel 2,to June 20, 2017 at 2:30 pm. Commissioner McQueeney seconded the motion. The vote was declared unanimous. There being no further business bef• 031T,,< d,the meeting was adjourned until May 30, 2017. o i � o t N fi Attest. / ^44 l' lerk to the Board °to " - 6 05/15/2017