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Minutes 11/24/09 PUBLIC HEARING November 24,2009 Present: Sara Fisher Jon Stavney Keith Montag Bryan Treu Robert Morris Christina Hooper Teak Simonton Kathy Scriver Chairman Commissioner County Manager County Attorney Deputy County Attorney Assistant County Attorney Clerk to the Board Deputy Clerk to the Board Absent: Peter Runyon This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none. Distinguished Service Award - Glenda Wentworth Sara Fisher, Chairman Chairman Fisher stated that Ms. Wentworth was honored recently at the National Extension Associations for Family and Consumer Sciences 2009 Annual Session and received the Distinguished Service Award. The award recognizes members for leadership, outstanding program efforts, and personal and professional development. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of November 23,2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for December 3,2009 (subject to review by the Finance Director) Finance Department Representative c. Approval of the minutes of the Eagle County Board of Commissioners Meeting for October 15, 2009 Teak Simonton, Clerk & Recorder D. Intergovernmental Agreement between Eagle County and Pitkin County for the 2009-10 Season of Snow Removal Road & Bridge Representative E. Public Improvements Agreement between Eagle County and Roundup River Ranch Ben Gerdes, Engineering F. Senate Bi1l1 Contract Amendment for Leadville Operations and Bus Storage Facility Harry Taylor, ECO Transit 1 11/24/09 Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were changes. Commissioner Stavney moved to approve the Consent Agenda, Items A-F. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanImous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Resolution 2009-116 Extension of Resolution for Temporary Regulations to Prohibit Growing Medical Marijuana within Unincorporated Eagle County by Persons or Entities other than Patients or Primary Care Givers County Attorney's Office Representative Mr. Treu stated that the resolution was adopted earlier this month by the board dealing with commercial growing operations. The land use regulations allowed for temporary regulations for 30 days within those 30 days there must be a hearing to extend the regulations for up to 6 months. Currently the Planning Commission was hearing the regulations. The growing aspect would be rolled into the permanent regulations. Commissioner Stavney reiterated that this was an extension of what had already been passed and in the next 6 months, the board anticipated passing permanent regulations pertaining to medical marijuana. Chairman Fisher stated that there had been a great deal of discussion and everyone was waiting to see what the legislature would do moving forward. Mr. Treu believed there would be some bookends put in place in the near future and constancy was essential. Commissioner Stavney thanked Mr. Treu for taking the lead on the subject and helping the board down the right path. Chairman Fisher opened and closed citizen input, as there was none. Commissioner Stavney moved to approve the extension of the resolution for Temporary Regulations to Prohibit Growing Medical Marijuana within Unincorporated Eagle County by persons or entities other than patients . . or pnmary care gIvers Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanImous. Budget Work Session John Lewis, Finance Recorded Abatement Hearings County Attorney's Office Representative Christina Hooper introduced the recommendations. Mark Chapin stated that Ed Smith would be presenting the requests and it would be his last presentation due to his pending retirement. 2 11/24/09 Chairman Fisher thanked him for his hard work over the years. Mr. Smith spoke about his years of service and how the county had changed. Ed Smith presented the requests. Petitioner Dorn, John F. Fairfield Resorts Inc. c/o Wyndham Vacation Ownership Inc. Smith Creek Partners L.P. Smith Creek Partners L.P. Smith Creek Partners L.P. Vickers, Gregory Schedule No. R030345 R055659 R054038 R054039 R054040 R010760 Commissioner Stavney moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be approved for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Fairfield Resorts Inc. c/o Wyndham Vacation Ownership Inc. Schedule No. R055659 Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unalllmous. Commissioner Stavney moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be partially approved for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Schedule No. Dorn, John F. R030345 Vickers, Gregory R010760 Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. Commissioner Stavney moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be denied for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Smith Creek Partners L.P. Smith Creek Partners L.P. Smith Creek Partners L.P. Schedule No. R054038 R054039 R054040 Commissioner Fisher seconded the motion. The vote was declared unanimous. Mark Chapin spoke about Ed Smith and his service to the county. Mr. Chapin indicated that Mr. Smith was instrumental in establishing Eagle County Assessor's office as an example of excellence for the state. He appreciated all that Mr. Smith had done during his years of service. 3 11/24/09 Planning Files SMA-2440 Roundup River Ranch Bob Narracci, Planning Department This subdivision plat represents the last step in the three-step Planned Unit Development process. The purpose of this subdivision plat is to define the Roundup River Ranch property as one large lot consisting of 84.867 acres upon which the camp activities will occur and one small lot consisting of 0.347 acres for a future fire station site, as well as, finalization of associated construction documents, public improvement agreements and collateralization of said public improvements. ACTION: LOCATION: 8360 Colorado River Road. Approx. 8.3 miles north of Dotsero on the Colorado River Road. FILE NO./PROCESS: SMA-2440 / Type A Minor Subdivision LOCATION: Approximately 8-miles north of Dotsero on the Colorado River Road OWNER: Roundup River Ranch, a Colorado Nonprofit Corporation APPLICANT: Owner REPRESENTATIVE: Paul St Ruth 1. PROJECT DESCRIPTION A. SUMMARY: This Minor Type' A' subdivision plat represents the last step in the three-step Planned Unit Development approval process. The purpose of this subdivision plat is to define the Roundup River Ranch property as one large lot consisting of84.867 acres upon which the camp activities will occur and one small lot consisting of 0.347 acres for a future fire station site. All associated construction documents, public improvement agreements and collateralization of said public improvements have been finalized. Following approval of this final plat, Roundup River Ranch can obtain building permits for construction of the camp facilities. Following is a recap of the Roundup River Ranch Planned Unit Development: Roundup River Ranch is an overnight camp that will provide a safe environment for children with chronic and life-threatening medical conditions where they can enjoy a safe, fun-filled Rocky Mountain camp experience. When fully operational, the camp will employ approximately 21 full-time staff; some of whom will be based at the campsite and others out of a satellite office located in the Eagle Valley. Additionally, up to seven full-time summer positions will be necessary. Initially, the summer staff will also include up to 18 counselors (for up to 60 campers) who will live on site. There will also be up to 20 volunteers per camp session. When the camp reaches capacity of 120 campers, the numbers of counselors and volunteer staff will also rise to approximately 36 and 40, respectively. It is planned that the Roundup River Ranch will eventually provide year-round programming to include eight one-week sessions in the summer, family and sibling weekends, and other need-specific programming over weekends throughout the year. The full programming schedule should be achieved within eight years. Camp activities include but are not limited to customary western camp activities such as arts & crafts, wood shop, ropes course, fishing, boating, a variety of games, talent shows, horse back riding, swimming and archery. Additionally, the camp will provide careful unobtrusive supervision of doctors, nurses and trained support staff to assist, reassure and empower children with serious and life-threatening conditions. The camp provides these opportunities to children who cannot go to regular camp, or who may not be served by other existing camp programs due to severity or complexity of their illnesses. B. CHRONOLOGY: January 8, 2008: BoCC approved the PUD Sketch Plan (PDS-00053) for this proposal. 4 11/24/09 April 22, 3008: Permit Authority approved the associated 1041 Permit (1041-0073). December 23, 2008: BoCC approved the PUD Preliminary Plan (PDP-1634) for this proposal. August 24, 2009: Application for this Minor Type' A' Subdivision received by County. C. SITE DATA: East: Residential and Agricultural/Resource Zoning Residential and Agricultural/Resource Zonin Residential and Agricultural/Resource Zonin Residential and Agricultural/Resource Zonin 'R' South: 'R' Bureau of Land Management / Resource Preservation 'RP' 3,702,600 sq. ft. 2. STAFF REPORT A. REFERRAL RESPONSES: Eagle County Engineering Department . Various technical comments. Eagle County Surveyor . Various technical comments. B. DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-290.G.l. Standards for the review of a Type A Minor Subdivision: STANDARD: Consistent with Comprehensive Plan. [Section 5-290.G.1.a.] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. EAGLE COUNTY COMPREHENSIVE PLAN 5 11/24/09 ] .. u '5 e '" u E u '" ~.~ "" CI)... a .~ u u ~...~. Q. ~ OIl l~ ~ if ;. e 0 s::: ., U -(;3 ~. ~ . ::s u a ~ ;g... ~ ~ ;> ~ u ~~ ~~ . u 0 0 .sa ~.~ Exceeds Recommendations Incorporates. Majority of X X X X X X X X X Rural Lands Recommendations Does Not Incorporate Recommendations N()t Applicable In approving the PUD Sketch Plan, the 1041 Permit, Zone Change and PUD Preliminary Plan applications for the Roundup River Ranch, the BoCC found on three separate occasions that the proposed development is consistent with the spirit and intent of the Eagle County Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. [+] FINDING: Consistent with Comprehensive Plan. [Section 5-290.G.1.a.] The PUD IS consistent with the Comprehensive Plan, however it IS consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-290.G.1.b.] - The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards. [+] FINDING: Consistent with Land Use Regulations. [Section 5-290.G.1.b.] The proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c.] - The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area in order to both avoid future land disruption, and the necessity of upgrading under- sized lines. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c.] The proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. STANDARD: Suitability for Development. [Section 5-290.G.1.d.] -The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and 6 11/24/09 natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. [+] FINDING: Suitability for Development. [Section 5-290.G.l.d.] The property proposed to be subdivided is suitable for the proposed development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. STANDARD: Compatible with Surrounding Uses. [Section 5-290.G.l.e] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely ajfect the future development of the surrounding area. [+] FINDING: Compatible With Surrounding Uses. [Section 5-290.G.1.e.] The proposed subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. STANDARD: Improvements Agreement [Section 5-290.G.1.f.] - The adequacy of the proposed Improvements Agreement, where applicable. Certain public improvements related to roads and drainage necessitates a Subdivision Improvements Agreement. The agreement has been prepared by the County Attorney's Office and executed by the applicant. [+] FINDING: Improvements Agreement. [Section 5-290.G.1.f.] - An Improvements Agreement I IS required. ST ANDARD: Conformance with Final Plat Requirements. [Section 5-290.G.l.g.] - Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines. The review process for a Type A Minor Subdivision is somewhat unique among subdivision processes in that it results in the approval of what is essentially a subdivision preliminary plan and a subdivision final plat. All applicable regulations, policies, standards, and guidelines have been satisfied. [+] FINDING: Conformance with Final Plat Requirements. [Section 5-290.G.1.g.] - The Final Plat does conform to the Final Plat requirements and other applicable regulations, policies, standards and guidelines. c. SUGGESTED MOTION: I move that the Board approve File No. SMA-2440, Roundup River Ranch incorporating the Staff findings with the following condition and authorize the Chairman to sign the plat: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. DISCUSSION: Mr. Narracci stated that the purpose of the subdivision plat was to define the property as one large lot consisting of 84.867 acres of which the camp activities would occur and one small lot consisting of 0.347 acres for a future fire station. Following approval of this final plat, Roundup River Ranch could obtain building permits for 7 11/24/09 construction ofthe camp facilities. The intent of the camp is to provide enjoyment for children with chronic and life-treating medical conditions. The camp had been approved for 501 3 c status. Medical facilities would be provided in the middle of the property. There would be a lot of activities spread across the property. Chairman Fisher asked about the proposed trail leading back to camp near the future fire station. She wondered how the trail would be configured. Mr. St. Ruth stated that the trail had been moved because of a utility line. Mr. Narracci stated that all the applicable PUD final plat and minor type A subdivision regulations had been satisfied. Chairman Fisher commended the folks for bringing a value such as this to the Eagle Valley because she believed the facility would be a great benefit to the community. Commissioner Stavney wondered about the schedule for building and opening for the children. Mr. St. Ruth stated that they hoped to start building in January or February with physical construction being complete about a year later and open for kids in the summer of 20 11. Commissioner Stavney wondered about staffing. Mr. St. Ruth stated that he expected to have 18 - 22 hired by this time next year. They had staff that ran the equestrian center, arts and crafts programs, and boating and fishing. All the staff had a good level of medical training. Commissioner Stavney asked about fire protection. Mr. Narracci stated that an arrangement was made with Gypsum Fire Protection District to serve the site. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved that the Board of County Commissioners move to approve file number SMA-2440 Roundup River Ranch incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Fisher seconded the motion. The vote was declared unanimous. Attest: There being no further business before the 8 11/24/09