HomeMy WebLinkAboutMinutes 01/24/2023 PUBLIC HEARING
January 24, 2023
Present: Kathy Chandler-Henry Chairman
Matt Scherr Commissioner
Jeanne McQueeney Commissioner
Jeff Shroll County Manager
Matt Peterson 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:
Constituent Input
Chairman Chandler-Henry opened and closed public comment, as there was none.
Commissioner Updates
Commissioner Scherr had nothing to share.
Commissioner McQueeney thanked everyone who joined the Ski with the Electeds Day in the Roaring
Fork Valley at Snowmass. There were two more Ski with the Electeds Days. The next one was on February, 15th
at Beaver Creek, and the last one would be in March in Vail.
Chairman Chandler-Henry spoke about wolves and the wolf reintroduction plan. She encouraged those
who were interested to take a look at the presentation held yesterday. At the end of the presentation,there were
links with lots of information about wolves and reintroduction plans.
County Manager Updates
Jeff Schroll mentioned that on Monday,February the 6th,the public would be invited to participate in the
kick off of the Eagle County Regional Airport Master Plan. Folks could attend virtually by visiting
www.egemasterplan.com.
Consent Agenda
1. Colorado Department of Transportation-Eagle County Signature Sheet for Highway Users Tax Fund for
Mileage Revenue Collection
Nicole Trujuillo,Road&Bridge
Commissioner Scherr moved to approve the Consent Agenda for January 24, 2023 as presented.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
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Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and
reconvene as the Eagle County Housing and Development Authority.
Commissioner Scherr seconded the motion. The vote was unanimous.
Eagle County Housing and Development Authority (ECHDA)
1. Fifth Amendment to Colorado Mountain College and Anderson Mason Dale Architect Agreement
Jill Klosterman,Project Management
Ms. Kloserman stated that the agreement pertained to building#2 at CMC. There was a slight increase in
the scope of the work due to unexpected civil work related to the soil. They were hopeful that the building would
be completed by the end of 2023.
Commissioner Scherr moved to approve the Fifth Amendment to Colorado Mountain College and
Anderson Mason Dale Architect Agreement.
Commissioner McQueeney seconded the motion. The vote was unanimous.
Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority
and reconvene as the Eagle County Board of County Commissioners.
Commissioner Scherr seconded the motion. The vote was unanimous.
Planning File - Eagle County Room
1. Tenderwild/New York Mountain Project-Ridge Road and North Ridge Road Right-of-Way Vacation
Taylor Ryan,Engineering Department
Executive Summary: This file is a Public Way and Easement Vacation application for the vacation of the
rights-of-way for Ridge Road and North Ridge Road. Both roads were created in 1971 with the Tenderwild
Subdivision. When that subdivision was partially vacated in 1972,the rights-of-way remained public. Ridge Road
and North Ridge Road are currently non-maintained county roads and serve only two properties. The owners of
those two properties are the applicants for this file and are requesting the vacation of the public rights-of-way. If
the vacation is approved,the ownership of the roads will revert to each property owner, and there are reciprocal
easements between the two owners granting access, maintenance, and utilities.
Taylor Ryan,Eagle County Staff Engineer, introduced the applicant's representative Greg Perkins with
Wear Travers Perkins, LLC.
Mr. Perkins spoke on behalf of Robyn Eck'and James Brickman,the applicants/property owners. He
provided some background on the application. This was a short road off of West Lake Creek Road that served two
properties. The applicant was requesting the vacation of the rights-of-way for Ridge Road and North Ridge Road
across the property. The two roads were not maintained by the county. The issue was that the road had become a
place where local teenagers hang out, driving fast on the road, and parting.
Mr. Ryan described the road right-of-way(ROW). Ridge Road and North Ridge Road were
non-maintained public roads serving two properties. The vacation request would remove public access, turning
control and maintenance of the access over to the private property owners. The application did not include the
portion of ROW on the adjacent property and only vacated ROW on the two properties subject to the application.
As of January 19,2023, one public comment was received by Charles Scudder. Mr. Scudder had no objections,just
simply noting that the request was only for the ROW across the two subject properties. There would still be a short
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section of Ridge Road that was crossing the East Lake Creek Ranch. Staff believed that his concerns had been
addressed. There were two standards of approval for a easement vacation, and Mr. Ryan indicated that the
application met those standards. He provided a map and several photos of the property in his presentation. The
Eagle County Planning Commission recommended unanimous approval with one condition.
Commissioner Scherr asked about the legal access for service providers.
Mr. Perkins stated that the cross easements were both access and utility easements.
Chairman Chandler-Henry asked if the reciprocal easements were already in place.
Mr. Perkins stated that the easements were already in place dating back to the early 90s.
Chairman Chandler-Henry asked about the subdivision being vacated in the 70s.
Mr. Ryan stated that there was a resolution that was recorded describing the vacation. It mainly wiped
away all the subdivided properties, and the property reverted back to the previous land owners with the one
exception that road remained as public rights of way.
Chairman Chander-Henry opened and closed public comment,as there was none.
Commissioner McQueeney believed the two standards, access to public roads and easements,had been
met.
Commissioner Scherr agreed with staff that the standards had been met.
Chairman Chandler-Henry concurred with her colleagues.
Commissioner Scherr moved to approve File Number G 009268-2022, incorporating staff's findings and
the recommended condition,because this application, as conditioned,meets the standards for approval of a Public
Way and Easement Vacation.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Work Session - Eagle County Room
1. Update on the Eagle Valley Trail
Executive Summary: This will be an update on the Eagle Valley Trail including a summary of progress to date and
looking ahead to 2023 for fundraising,marketing, and construction.
Commissioner Scherr was not present
Planning File
. 1. Amendment to the Text of the Land Use Regulations and Adoption of Engineering Criteria Manual-
LUR-009228-2022
Julie Pranger,Engineering
Executive Summary: The Eagle County Engineering Department("Applicant")has submitted an application for
an Amendment to the Text of the Land Use Regulations ("Application"). The purpose of the Application is to
amend the text of the Eagle County Land Use Regulations ("ECLUR") Chapter I- General Provisions; Chapter 2,
Article 4 -Site Development Standards-Eagle County; Chapter V-Regulations for Construction within the
Public Way of Eagle County; and adopt an Engineering Criteria Manual. The Application applies to all lands
within the unincorporated territory of Eagle County.
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Julie Pranger,Eagle County Staff Engineer,presented the file. Staff was the applicant for this
application. She provided an overview of the process. There were two emails from members of the public
requesting clarification. Staff followed up, and no further questions or comments were received. This application
was referred to 78 referral agencies and was heard by the Eagle County Planning Commission and the Roaring
Fork Valley Regional Planning Commission. She provided some background information. This was an
opportunity to make changes to technical engineering criteria and establish a Engineering Criteria Manual(ECM).
She reviewed the changes in Article 4 which were mainly corrections to grammar, spelling,and formatting.
Section 4-420 -Development in Areas Subject to Geologic Hazards, Section 4-630- Sidewalk and Trails
Standards, Section 4-650-Drainage Standards, and Section 4-710-Road Impact Fees. The"Road Impact Fee"
was renamed"Transportation Impact Fee"to be more inline with the housing definition with the Eagle County
Affordable Housing Guidelines. The proposed impact fee structure was easier to read and more user friendly.
Chairman Chandler-Henry asked if the trail impact fee was an additional cost.
Ms. Pranger stated that this was the first time the trail impact fee had been introduced. She reviewed the
road impact fee comparison chart and indicated that the proposed trail impact fee would increase the total cost.
Ben Gerdes, Eagle County Engineer, stated that the last time the fees were increased was 2007 or 2008.
Ms. Pranger stated that they took the current residential fee structure and broke it down into more tiers so
The fees were more representative of the impact to the public transportation system. She reviewed the changes to
Chapter V. This was a stand alone chapter in the regulations that had not been updated since 1996. The changes
simplified permit fees and collateral, including the Eagle Valley Trail, and formalized the process for
encroachment easement agreements. This chapter was specific to the engineering world and would be making the
regulations consistent with technological advances and standard industry practices. This information would be
moved to the EMC Chapter 3. The long term goal for the ECM would be that they could eventually move all of
the engineering criteria and standards over to this manual. She reviewed some of the comments received by
referral agencies. She reviewed the standards and indicated that the application was in conformance with each of
the standards.
Commissioner McQueeney thought the process was more cumbersome than it needed to be and
apologized for the amount of time that the Engineering Department had to spend. She was anxious to see it
approved.
Mr. Gerdes stated that they were excited about the Manual and looked forward to an easier process for
changes in the future.
Chairman Chandler-Henry asked the reason for the negative vote from the Eagle County Planning
Commission.
Mr. Gerdes stated that there was one commissioner concerned with the residential fee structure. He
hoped to have a prorated scale within each of the divisions. Staff believed the 10 categories sufficiently broke up
the fee amount.
Chairman Chandler-Henry liked how the fees were more closely tied with the actual impacts and they
seem to be reduced in accordance with what the county's strategic priorities were for the workforce and housing
development.
Commissioner McQueeney appreciated the outreach to the community on this matter.
Chairman Chandler-Henry opened and closed public comment, as there was none.
Commissioner McQueeney moved to approve File No. LUR 009228-2022 with one condition because
the application, as conditioned,meets the standards of approval for an amendment to the text of the Land Use
Regulations.
Chairman Chandler-Henry seconded the motion. Of the two voting commissioners,the vote was
unanimous.
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Work Session - Basalt Town Hall
1. Town of Basalt and Eagle County Joint Meeting
Executive Summary: The Eagle County commissioners will be meeting with the Town of Basalt to discuss issues
pertaining to the community. The meeting will be held at 101 Midland Ave in Basalt.
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There being no further business ,'•�..�: : d,the meeting was adjourned until January 31, 2023.
Attest/ '" G-
lerk to the Board Chairman
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