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Minutes 08/13/08 PUBLIC HEARING August 13, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board 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: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice concerning the legal interpretation of the hours of operation provisions of the current County lease of the fairgrounds pit to Lafarge which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(b), Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjourn from Executive Session. Commissioner Fisher stated that Chairman Runyon had excused himself from the morning session to attend a memorial service for Dean Canada. She stated that the thoughts and prayers of Eagle County were with the family. Consent Agenda Chairman Pro-Tern Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of August 11,2008 (subject to review by the finance director) Finance Department Representative B. Approval of the minutes of the Board of County Commissioners Meetings July 8 and July 22, 2008 Teak Simonton, Clerk & Recorder's Office C. Resolution 2008-094 Release of Letter of Credit No. 867-9576 for Road Cut Permit No. 3547 for Kurt Davis County Attorney's Office Representative D. Resolution 2008-095 Release of Assignment of Certificate of Deposit No. 3536810446 for Road Cut Permit No. 3522 for Janet Chenault County Attorney's Office Representative E. Task Order between Eagle County Government and Colorado Department of Public Health & Environment (CDPHE) for the provision ofWIC Nutrition Services Jill Hunsaker, Health & Human Services F. Agreement between Eagle County Government & John Allen Batson, Pharmacist to provide consultation and oversight of pharmaceutical distribution associated with Public Health's Title X Family Planning Program Jill Hunsaker, Health & Human Services I 08/13/08 G. Approval of Ambulance Licensing for Western Eagle County Ambulance District (WECAD) and Eagle County Health Service District (ECAD) Health & Human Services Representative H. Second Amendment to lease between Eagle County, Colorado and Crown Mountain Park and Recreation District County Attorney's Office Representative I. Amendment to Agreement Regarding Ditch Relocation and Easement Modifications County Attorney's Office Representative J. Resolution 2008-096 Adopting the Revised Law Establishing the Rate of Charge for Emergency Telephone Service County Attorney's Office Representative K. Participating Agreement between Eagle County and the White River National Forest Eric Lovgren, Wildfire Mitigation Manager L. Agreement with William and Mary Stephens for disassembling the barn known as 4H Barn located on Cooley Mesa Rd in Gypsum Tom Johnson, Public Works Director Commissioner Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bob Morris, County Attorney stated that there were no concerns or changes to the consent agenda. Commissioner Menconi moved to approve the Consent Agenda, Items A-L. Chairman Pro-Tern Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Resolution 2008-097 Designation of August 2008 as Child Support Month Self-Sufficiency DivisionlHealth & Human Services Representative Kathleen Lyons explained the importance of recognizing the child support program and all of the parents that support their children. She stated that the goal of the program was to help families by promoting self- sufficiency and child well being through federal, state, and local partnerships. The team collected a total of 1.9 million dollars in 2007. She introduced the team members; Kristie Williamson, Jan Govreau, Erik Martinez, and Isabel Sanchez. Commissioner Menconi read the resolution into the record and moved that the board approve Resolution 2008-097 designating August 2008 as Child Support Month. Chairman Pro-Tern Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. Chairman Pro-Tern Fisher thanked the team for their work in getting parents involved and keeping them involved in the lives of so many young people and their future. Ms. Williamson stated that it felt good when the team was able to collect finances for families in need. Citizen Input Pro-Tern Fisher opened Citizen Input. Rick Cook, representing the Edwards Skate Park spoke. He spoke about the urgency to get construction contracts signed. He wondered if he could sign the contracts as long as the funds were received by the county. He 2 08/13/08 spoke about a letter that had been copied from WECMRD to the commissioners regarding a $40,000 donation. He asked if the county would commit to matching those dollars. Chairman Pro-Tem Fisher stated that she could not make a commit without having an opportunity to review the request with the Finance Department and Facilities Department. Mr. Morris stated that he would like to see the contract as well before allowing anyone to sign on behalf of the county. Commissioner Menconi asked about the request for $40,000. Mr. Cook stated that he had requested a monetary donation from the county only after hearing that the. county would be interested in considering a donation. He stated that he'd had meetings with Tom Johnson, Bob Narracci and John Lewis. It was his understanding that there would be a separate account created in the Treasurer's office to acquire the dollars. Commissioner Menconi requested a week or two to review the request. Pro-Tern Fisher closed Citizen Input. Planning Files PDF-1460 McCov Creek Cabins PUD Lisa de Graaf, Plam1ing Department NOTE: ACTION: To be tabled to 8/19/08 The purpose of this Final Plat is for the McCoy Creek Cabins PUD five (5) units. The previous Sketch/Preliminary Plan and Zone Change applications were approved May 13, 2008. Cresta Road, Edwards Area LOCATION: Commissioner Menconi moved to table File No. PDF-1460 Mc Coy Creek Cabins PUD until August 19, 2008. Commissioner Fisher seconded the motion. The vote was declared unanimous. 5MB-1274 Cordillera Lot 11. Block 1. Filin217 Lisa de Graaf, Plam1ing Department 15 minutes ACTION: The purpose of this Minor B is to subdivide lot II into two lots (lots ll&l2). The requested configuration of the subdivision is the original Final Plat. LOCATION: FILE NO/PROCESS: OWNER/APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: 266 Peregrine Drive, Cordillera 5MB-l274 1 Minor Type B Subdivision Stephen and Janet Jones Sam Eckerl Stephen Jones Approval A. PROJECT DESCRIPTION: The purpose of this Minor Type B Subdivision is to subdivide Lot II to create Lot II and Lot 12 and the building envelope for Lot 12; the parcels are within the Cordillera PUD. The requested configuration of the subdivision is the original Final Plat, however the homeowner went though an Amended Final Plat process a few years ago to join the two parcels. In addition, this Subdivision falls within requirements ofthe County Housing Guidelines; the property owner worked closely with the Housing Director to come to an agreement in regards to the new guidelines - please 3 08/13108 see' Suggested Condition' in this staff report and Exhibit A, which is a signed letter that outlines the terms of the agreement and will be recorded with this Final Plat. B. SITE DATA: Surrounding Land Uses 1 Zoning: East: PUD West: PUD North: PUD South: PUD Existing Zoning: Planned Unit Development Total Area: Lot 11 = 1.06 acres; Lot 12 = 1.07 acres; total 2.13 acres C. STAFF FINDINGS: Pursuant to Section 5-290.G.l of the Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of this Type B Minor Subdivision: a. Access, Water and Sewage. The access is provided via Peregrine Drive. Potable water and sewage are public systems provided by the Eagle River Water and Sanitation District; b. Conformance with Final Plat Requirements. This Minor B Subdivision is in conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. Improvements Agreements. A Subdivision Improvements Agreement is not applicable, however the Housing agreement afore mentioned does apply. DISCUSSION: Ms. De Graaf presented the application and photos of the lot. She stated that the subdivision fell within the requirements ofthe County Housing Guidelines and the applicant had worked closely with the Housing Director to come to an agreement concerning the new guidelines. The suggested condition in the staff report outlined the terms of the agreement. Janet Jones, the applicant was present. She stated that they began the process in April of2008 and were selling because they were building another house. During the final steps, they were told about the new housing guidelines however, paying the fee in lieu was against their will. Chairman Runyon stated for the record that he spoke to the applicant's broker prior to knowing it would be a file coming before the board. Legally the board should not be talking to the applicants or their agents prior to hearing a file. He didn't believe his conversation would affect his judgment on the file. Chairman Runyon opened public comment Allison Kent from Mauriello Planning Group spoke on behalf of Vail Resorts Development Company. She requested that the file be tabled to research the applicant's housing obligations and whether this obligation had already been met. They had concerns with how the guidelines are being applied to this project. They believe that this PUD has a housing obligation that they were required to meet when the PUD was adopted. The applicant is merely putting a lot line back in place that was eliminated subsequently. Mr. Morris stated that he'd had conversations with Ms. Kent and others from Vail Resort. He understands the concerns and believed it was a fair question however, he would not consider this case to be a precedent one way or the other. Chairman Runyon wondered ifthere would be any language that would exclude further implications. Mr. Morris stated that the applicant had voluntarily agreed to the guidelines. There was no history of the lot line having been eliminated to reduce tax burden. '. Ms. Jones stated that they seperated the lot line because they wanted more privacy, not to reduce their tax burden. 4 08/13/08 Mr. Morris stated that he did not know whether the board had discretion to waive the affordable housing guidelines where they apply. Commissioner Menconi asked Ms. Kent to restate her input for Mr. Potente and Mr. Potente to answer her concerns and explain how the housing guidelines applied to the file. Allison Kent stated that they believed that Cordillera has an existing housing plan and language specifically regarding the process of eliminating lot lines and putting them back in place. Ms. Jones would not be adding any density above what is currently allowed by the PUD. They believed that the housing guidelines may have been inappropriately applied to this file. Mr. Potente stated that this was an ongoing dispute between Vail Resorts Development Company and the county regarding the housing guidelines. He believed by vacating the lot line, they gave up the right to build one of the two units they are currently asking to build. By re-platting and drawing a new lot line under the current zoning, an approval would entitle them to do what they were originally able to due. He did not believe further research was needed. The housing guidelines apply whenever additional density occurs. Commissioner Fisher asked the listing price for the property. Ms. Jones stated that the dollar amount had not been decided. Commissioner Fisher stated that the value of providing work force housing with future development is not something the county can back away from and believed the payment was appropriate. Chairman Runyon asked the required payment amount. Mr. Potente stated that the required in-lieu of payment would be $60,000. Chairman Runyon wondered about the guidelines when dealing with units of three or fewer. Mr. Potente stated that it was at the board's discretion whether a file meets the guidelines of the housing guidelines. He believed this was a fair compromise. Commissioner Menconi move to approve File No. 5MB-1274 and authorize the Chairman to sign the plat, including the suggested condition as presented by staff. Commissioner Fisher seconded the motion. The vote was declared unanimous. Chairman Runyon stated that he'd like to have further discussion as to size of files for which the housing regulations apply. SUGGESTED CONDITION 1. A payment in-lieu of imposition of a resident-occupied restrictive covenant on the "restored" Lot 12 is required for subdivision. This payment in-lieu shall equal three (3) percent ofthe sale price of that vacant lot, payable to Eagle County in two (2) parts as follows: a. $7,500 due at time of approval of the subdivision, creating "restored" Lot 12, (three percent of $250,000, the initial purchase price); and b. Three percent of the difference between $250,000 and the actual sale price of Lot 12 when it sells. This payment in-lieu is sole and exclusive obligation of the Jones. Full payment under subparagraph l.b must be made at the time of transfer by the Jones. Failure to make full payment at the time of sale shall require a revised payment in-lieu payment in-lieu as applied to any residential improvements on the property, based on the improvements square footage, payable at the time the improvements are made. The payment in-lieu shall be based on then-prevailing, in-lieu of requirement (currently $144 per square foot). Clerk to the Bo Q \i2.,"".~ r/'-1. ~--~~ ~ Attest: Chairman 5 08/13/08