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Minutes 05/18/10 PUBLIC HEARING May 18, 2010 Present: Sara Fisher Chairman Jon Stavney Commissioner Keith Montag County Manager Robert Morris Deputy County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Peter Runyon Commissioner This being a scheduled.Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: 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 May 17, 2010 (subject to review by the Finance Director) Finance Department Representative B. Colorado Department of Public Health and Environment Family Planning Program, Task Orders No. 1 for Family Planning Services Anne Robinson, Health & Human Services C. Amendment to Contract between Eagle County and the Colorado Department of Public Health & Environment for the Nurse Home Visitor Program Jennie Wahrer, Health & Human Services D. Resolution 2010 -053 in Support of the Roaring Fork Watershed Plan Administration Representative E. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney, and Christina C. Hooper, Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with Respect to Community Banks of Colorado Letter of Credit No. 3065101 in the amount of $87,087.00 for the Eagle Valley Religious Foundation PUD Engineering /County Attorney's Office Representatives F. Town of Eagle Utility Easement through Golden Eagle and Seniors on Broadway Public Works Representative G. Renewal of Motorola Service Agreement with Reduced Scope of Work Barry Smith, Emergency Management H. Minor Type B Subdivision - Highland Meadows, a Resubdivision of Lot 21.The intent of this Minor Type B Subdivision is to subdivide Lot 21 and a newly constructed duplex structure into two separately saleable halves. (Eagle County File No. SMB -2711) Bob Narracci, Planning Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that Item E could be pulled. 1 05/18/2010 Commissioner Stavney moved to approve the Consent Agenda, Items A -H, excluding Item E. Chairman Fisher seconded the motion. The vote was declared unanimous. Resolution 2010 -054 Designating May 2010 as Older Americans Month Cheryl Thomas, Health & Human Services Ms. Thomas stated that the Older Americans Month theme was "age strong, live long." She spoke about the number of seniors in the community in 2008. She estimated this number would double over time. This is a national holiday through the older Americans act. There would be an event in Gypsum the recreation center to honor those Eagle County residents 60 and over. Johnnette Phillips shared her perspective. She was instrumental in helping to get the senior center open. She believed that it was important to recognize that seniors were important in Eagle County and she hoped that the county would continue moving forward on a local assisted living facility. Chairman Fisher thanked Ms. Phillips for speaking. She stated that the county was moving forward on some community wide discussions with key individuals on the continuum of care joint project. Don Olsen spoke about his work with the seniors and stated that he enjoyed working with them. They were great people and it was a privilege to work for the county. Commissioner Stavney moved to approve the resolution designating May 2010 as older Americans month. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Adoption of Revised Eagle County Emergency Operations Plan Barry Smith, Emergency Management Mr. Smith spoke about the emergency plan. The plan was a requirement by state statute. The current plan was adopted in 2002. The plan was rewritten to conform to the federal response framework. The plan defined how the county would respond and support any kind of emergency incident. This plan was a collaborative effort. He stated that the plan would never be totally complete and always be subject to revision. It would be a living a document. Chairman Fisher wondered what would insure the living document would not end up in different versions over time. Mr. Smith stated that as plans were adopted everyone would receive a copy. Commissioner Stavney reiterated that the document was a living document and would be revised as incidents happen. He wondered if the other entities were required to adopt the document as well. Mr. Smith stated that there were signature lines on the document for the other entities to sign. The county was required to adopt the plan to include all the other entities in the county. Commissioner Stavney asked if the document was available to the public. Mr. Smith stated that there were certain components to the plan that were privileged information. Portions of the document were available for review by the public by appointment. Commissioner Stavney moved to adopt the revised Eagle County Emergency Operations Plan Chairman 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. 2 05/18/2010 Elaino Velez, a 58- year -old citizen of Eagle County spoke. He expressed concern about laws that weren't being enforced in Eagle County. He spoke about trash and pet feces being left in public lands such as the Gypsum cemetery, which he believed, were becoming a health issue. He grew up in Eagle County and had been caretaker for the Gypsum cemetery for many years. Chairman Fisher applauded with Mr. Velez for taking a stand and expressed concern for the messes left behind by others. She encouraged Mr. Velez to work with the county to help put together a plan of action. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Chairman Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Deschamp, Gloria J. d/b /a El Jebel Liquors #12- 06730 -0000 This is a renewal of a Retail Liquor Store License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Our dish!, Inc. d/b /a dish! #42- 28106 -0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other C. Cordillera Golf Club, LLC d /b /a The Chaparral #28- 64178 -0004 Cordillera Golf Club, LLC has submitted a Report of Change /Trade Name. The applicant wishes to change the trade name from The Chaparral to 9 Iron Grill. Commissioner Stavney moved that the Board approve the Liquor Consent Agenda for May 18, 2010 consisting of Items A -C. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. APPLICANT: Eagle County Government REQUEST: Special Events Permit EVENT: Eagle County Fair and Rodeo EVENT DATES: July 28, 29, 30, and 31S 2010 REPRESENTATIVE: Brad Higgins, Event Manager LOCATION: Eagle County Fairgrounds - 0426 Fairgrounds Road, Eagle - CO STAFF REPRESENTATIVE: Kathy Scriver 3 05/18/2010 DESCRIPTION: Eagle County Government is holding the 71 Fair & Rodeo hosted by the PRCA on July 28, 29, 30, and 31 of 2010 and has requested special events permits to serve alcohol on these days from Noon to 12:00 a.m. daily. The permit would license the entire fairgrounds property. Citadel Security, a private security firm had been contracted to monitor the venue during the event operating hours. Petals & Pours, a professional bartending service will be providing alcohol service and sales. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Staff has had no problems in the past with events held by the applicant. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises on May 6, 2010, 11 days prior to the hearing. 4. There have been no protests filed with the Clerk and Recorder's Office. 5. The applicant has provided an alcohol management plan and proof of server training. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the request. Mr. Higgins stated that the event schedule had been shortened this year with the lack of an opening weekend. Alcohol service would be provided the 4 days of the event with service starting at 4:00 p.m. and ending at 11:00 pm. There would be 3 points of service. Anyone wishing to purchase alcohol would be asked for identification and banded before being served. Chairman Fisher asked if the boundary included the Eagle River Center. Mr. Higgins stated that there would not be alcohol service provided in the Eagle River Center this year as it was not preferred by the Jr. Livestock Sales Commission. Laurie Asmussen stated that tickets would be discounted on Wednesday and Thursday to allow families to attend. The Brown's amusement carnival would be coming back this year. There would be local vendors and local entertainment. Commissioner Stavney applauded Ms. Asmussen, Mr. Higgins and the Fair and Rodeo Board for putting so much effort into making the Fair and Rodeo a fantastic event. Chairman Fisher stated that the Fair and Rodeo schedule could be found on the county website. Commissioner Stavney moved that the Local Licensing Authority approve the Special Events Permits for the Eagle County Fair and Rodeo being held on July 28, 29, 30, and 31S 2010 from 12:00 pm until 12:00 am at the Eagle County Fairgrounds. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Other 4 05/18/2010 Resolution 2010 -055 Designating the week of May 16 through May 22 2010, as "National Public Works Week ". Tom Johnson Mr. Johnson stated that Pubic Works had been around for many years as a National Organization. The county has a Public Works Department, as do all the incorporated towns up and down the valley. This is an annual event when public works individual were recognized and an opportunity for citizens to say "thank you." Chairman Fisher read the resolution and moved to approve the resolution designating the week of May 16 through May 22n 2010, as "National Public Works Week ". Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Planning Files AFP -2581 Warren Residence Scot Hunn, Planning ACTION: The purpose of this Amended Final Plat is to amend the building envelope for Lot 14, The Bearden Parcel Filing No. 24, Cordillera Subdivision. LOCATION: 350 Elkwoods Road, Edwards TITLE: Amended Final Plat Cordillera Subdivision, Filing No. 24, The Bearden Parcel, Lot 14 FILE NO./PROCESS: AFP- 2581 / Amended Final Plat LOCATION: 350 Elk Woods Road OWNERS: John and Allison Warren APPLICANT: Owners REPRESENTATIVE: Chad Salter — RMT Architects STAFF PLANNER: Scot Hunn 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this application is to amend the building envelope for Lot 14, Cordillera Subdivision, Filing No. 24, The Bearden Parcel, vacating and re- establishing the northern and eastern envelope boundary lines, shifting both in a northerly and westerly direction on the lot while retaining the same square footage (17.468 sq. ft.) as the original platted building envelope. The amendment is desired to allow for siting of a proposed new single - family residence and outdoor improvements (patio and spa). The proposed amendment has been approved by the Cordillera Design Review Board, and Staff has received no comments from adjacent property owners following notification by the Cordillera DRB and Eagle County. B. SITE DATA: Surrounding Land Uses / Zoning: East: Residential / PUD West: Residential / PUD North: Residential / PUD South: Residential / PUD Existing Zoning: PUD 5 05/18/2010 Total Area: .4 Acres /17,468 sq. ft. Water: Public Sewer: Public Access: Elk Woods Road C. STAFF FINDINGS: Pursuant to Section 5- 290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. Pursuant to the Cordillera PUD Guide, all adjacent property owners and the Cordillera DRB have NOT provided written consent of this request; thereby requiring this amended final plat to be heard in front of the Board of County Commissioners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. D. STAFF RECOMMENDATION: All applicable Eagle County Land Use Regulations have been satisfied. DISCUSSION: Mr. Hunn presented the application. The purpose of the amendment was to adjust the building envelope to allow for the proper sighting of a building. The Cordillera Design Review Board had reviewed the proposal and staff had received no comments. The applicant followed the process and the reason this file had gone through the public hearing process was that the owners chose not to send letters to adjacent property owners requesting approval. He presented aerial photos of the property, the plat map, and proposed site plan. He stated that he did not receive any public comments on the file. Chairman Fisher asked about the wildlife corridors. Mr. Hunn stated that that he did not see any on the original plat map. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved to approve file no. AFP -2581 Warren Residence Amended Final Plat Cordillera Subdivision, Filing No. 24, The Bearden Parcel, Lot 14. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 6 05/18/2010 Open Space Files Kris Valdez, Planning Title: Sleepy Hollow Ranch Owner: J.H. Jackson Land Company Location: 9 miles south of the Town of Eagle on Brush Creek, just north of and bordering Sylvan Lake State Park. Date: May 18, 2010 Representative: Tawlys Tonso, Trynis Tonso and Mike Bradley, and Cheryl Jackson Staff Planner: Kris Valdez, Planner I. Project Overview The 85 acre Sleepy Hollow Ranch, is located 9 miles south of the Town of Eagle on Brush Creek. Given its proximity to Sylvan Lake State Park, the owners, Tawlys Tonso, Trynis Tonso and Mike Bradley, and Cheryl Jackson, representing the J.H. Jackson Land Company, are interested in the possibility that this small ranch, which sits in the valley floor and includes approximately 2400 lineal feet of Brush Creek, could be added to the Park or maintained as open space for the residents and visitors to Eagle County. The property includes a single family home, a caretakers unit, and a number of agricultural outbuildings, all clustered near Brush Creek Road. Numerous fenced yards and approximately 15 -20 acres of irrigated pasture surround the buildings. The rest of the property is undeveloped. On August 23, 2004, OSAC and on October 5, 2004 the Board of County Commissioners reviewed the project with the following recommendations: 1) Funding partners are needed 2) Eagle County should be a minimum funding partner 3) The appraisal for the property is questioned 4) OSAC would like to know about other possible funding projects in Eagle County before making a decision. 5) This funding request should be returned to OSAC for further evaluation once these issues have been resolved. The total appraised value of the Sleepy Hollow Ranch is $4,300,000. The appraisal was done by Colorado Appraisal Group in February of 2006. The property owners understand the change in economy and are asking $2,999,999 to purchase the property. This full amount is requested from Eagle County open space funds, which is approximately 70% of the appraisal value from 2006. At this time, no other funding partners are involved. The Conservation Fund and Colorado State Parks have been contacted by the property owner. According to the Colorado State Parks, Kurt Mill, "We are not in the best situation to take on more operational expenses. As you know, State Parks has been struggling to keep our financial head above water. At this point, taking on more property management issues isn't in our best interest. I think the County should know that if they were to acquire the property, they would need to manage it for the foreseeable future. There might be a possibility that we could help out down the line some time, but they need to go in with their eyes open to the fact they would need to manage the property for a number of years." II. Land Description The Sleepy Hollow Ranch consists of 85.015 acres located on either side of Brush Creek Road on the northern edge of Sylvan Lake State Park. Arial photos indicate that approximately 19 acres of the property exist on the east side of the road, 22 acres would be considered stream bottom, and 42 acres of land exists on the hillside west of Brush 7 05/18/2010 Creek. The existing residence, which was constructed in the 1930's, and associated accessory and agricultural structures and fenced pastures are all located on the valley floor. Access to the property is from Brush Creek Road. From 1939 to the 1960's agricultural production were chickens, egg production, lettuce and potatoes. From the 1960's to present it has supported many farm animals, most recently llamas and alpacas. There are 15 -20 acres of irrigated pastures for hay and grazing. According to the application, there is 'h acre -foot of irrigation water in the Sleepy Hollow Ditch. An additional "spring right" is also mentioned. Under Exhibit G and H the location and verification of water has been provided. Water to the residence is provided from a residential well. Access by the public to this portion of Brush Creek has been limited since it has been under private ownership. The stream bottom is mixed riparian and meadow, with alder, dogwood and willow growing thickly beneath large cottonwoods. Irrigated fields are found mostly to the north of the ranch buildings. The terrain to the east of Brush Creek Road is dominated by dry-land shrubs like sage, rabbit brush, mountain mahogany, and scrub oak, with widely spaced pinions and junipers, while the steep hillside to the west is mostly scrub oak, service berry and choke cherry shrubs. Spruce and fir trees are found in a shallow drainage feature that descends the western hillside. The land is presently zoned Resource, and is surrounded by other resource lands. To the east and west is National Forest. Sylvan Lake State Park is to the south, and eleven (11) smaller non - conforming residential parcels (also zoned Resource) are strung along Brush Creek north of the property. A larger parcel owned by Carl Pohlad is found to the north and west. The Ranch lies approximately 1 mile south of the southern boundary of the Frost Creek PUD. At 85 acres, the property has been subdivided into two 35+ acre lots without application to the County, resulting in a site for one additional primary residence and accessory dwelling unit. Wildlife areas, as determined by mapping provided by the Colorado Division of Wildlife include the following species: • Mule Deer: Overall Range, Summer Range, Winter Range • Mt. Lion: Overall Range • Elk: Winter Range, Summer Range • Black Bear: Fall Concentration Area, Human Conflict Area, Overall Range • Bald Eagle: Winter Forage Area, Winter Range Area Please refer to Bill Heicher's letter and Perry Will's letter from the Colorado Division of Wildlife outlining the importance of this property as it relates to wildlife under Exhibit K. As Mr. Heicher states, Sleepy Hollow Ranch is in the middle of migration routes to and from summer and winter breeding/birthing areas. The wildlife value is enhanced by the stream and associated riparian areas. With the exception of surface erosion on steep hillsides to the east and west, the subject property appears to be geologically stable, although no specific study has been conducted. III. Site and Transaction Information Total land area: 85.015 acres Land Area in Eagle County: 85.015 acres Current Land Use /Zoning: Agricultural/Resource Surrounding Land Uses / Zoning: East: Forest Service Public Lands / Resource Preservation, Private Land Owners/Resource West: Forest Service Public Lands / Resource Preservation North: Private Land Owners/Resource South: Sylvan Lake State Park/Resource Proposed Ownership: Ownership of the ranch would be transferred to Eagle County 8 05/18/2010 Appraised Value of the Easement: $4,300,000 Owner's Contribution: $1,300,001(30 %) Other Funding Sources: None are proposed at this time Open Space Funding Request: $2,999,999 (approximately 70% of 2006 appraised value) IV. OSAC Limited Review: At its scheduled meeting on February 8, 2010 the Citizen's Open Space Advisory Committee (OSAC) considered the information submitted by the owners'. A motion was made to request additional information about this project and that a formal application be submitted. On April 12, 2010, OSAC reviewed the formal submittal and final funding request. V. Criteria Analysis — OSAC Recommendation The following analysis is offered pursuant to Eagle County Resolution 2004 -021, Approving and Adopting Open Space Criteria to Prioritize the Selection of Eligible Lands for Open Space: A. Background On November 5, 2002, the voters of Eagle County approved Referendum 1H, which provided for an increase in taxes to fund an open space acquisition and maintenance program for the County. The ballot provided that open space funds could be used for preserving wildlife habitat, protecting working farms and ranches, conserving scenic landscapes and vistas, protecting wetlands and floodplains, providing public access points to rivers and streams and servicing future voter approved debt related to this purpose. Pursuant to this end and in concert with the Referendum 1H ballot language, six criteria were developed to be used by OSAC to evaluate properties that might be acquired or set aside as open space within the County. For each criterion, qualitative ratings of High, Medium, Low and Not Applicable can be assigned based on the property's known physical characteristics. B. Open Space Criteria A description regarding the attributes of this portion of the Colorado River Ranch considered for a conservation easement follows each of the open space evaluation criteria listed below. I. Scenic Landscapes and Vistas. Preserve and protect Eagle County's outstanding natural beauty and visual quality. Staff Comments: This property is contiguous with Sylvan Lake State Park and National Forest. Tourists and residents pass through the property on their way to the State Park via Brush Creek Road. Much of the property has been undisturbed for approximately 50 years and remains in its natural state. Other portions have been impacted by residential activities and management activities associated with ranching. This property has high visual quality, diversity and contributes to the rural sense of place in the Brush Creek valley. Prominent ridgelines on the property are visual throughout the valley. Brush Creek Road is considered secondary travel routes which drops the ranking from High to Medium. OSAC Comments: No additional comments. OSAC Unanimous Recommendation — Scenic Quality Ranking: Medium 9 05/18/2010 II. Regional Heritage, Agriculture and Ranching. Retain Eagle County's history, culture and agricultural land uses. Staff Comments: The Sleepy Hollow Ranch is a historic working ranch. This site has significant cultural value due the desire to preserve working ranches in Eagle County. This ranch represents the historical culture of the Brush Creek Valley. In the 1930's, 1940's and 1950's it produced lettuce and potatoes. Once purchased by J.H. and Isabelle Jackson, it became part of a cattle company. The cattle were kept at the main Adam Rib ranch during winter and calving season. After branding, they were herded either up to this parcel or onto Sylvan Lake State Park and surrounding forest. J.H. Jackson maintained National Forest permits for grazing. Cattle were grazed and moved up and down both sides of East and West Brush Creek during the summer and fall seasons. The property has housed many agricultural animals such as horses, alpacas, llamas and goats. The preservation of the Sleepy Hollow Ranch would maintain the rural character and visual quality of the area preserving it for future generations. The water rights dating back to 1912 are intended to stay with the land. The property is contiguous to Forest Service and Sylvan Lake State Park open space. The portion of the property devoted to ranching is smaller in scale and the long term viability of the ranching use is less certain therefore the ranking drops from High to Medium. OSAC Comments: Some members of OSAC believed since the property has not been actively ranched and the relative size of the property, the ranking should be moved from Medium to Low. Staff Recommendation — Regional Heritage Ranking: Medium OSAC Recommendation — Regional Heritage Ranking: Low — one OSAC member opposed the change in ranking III. Wildlife, Wildlife Habitat and Migration Routes. Set aside areas critical to the long term health and vitality of indigenous wildlife. Approximately 1/2 mile of Brush Creek runs through the Sleepy Hollow Ranch. According to the applicant, this section of stream carries value as a brown and rainbow trout fishery, beaver habitat and riparian habitat. Most of the property has been maintained undisturbed and in its natural condition allowing for diverse wildlife habitats. The wildlife of Brush Creek valley continuously move through the property. Per the Colorado Division of Wildlife, this parcel could be designated as a transitional range for deer and elk. Transitional range is utilized after tough winter months as animals move toward their traditional summer ranges in the mountains. According to the applicant, some wildlife experts believe that transitional habitat is as important as winter range to maintain health and productive herds. The property also supports and is surrounded by oak brush which produces the acorns that black bears depend on before going dormant. This property provides quality habitat for a diverse variety of wildlife species and protection would be of great benefit. Please refer to letters from Bill Heicher and the Division of Wildlife outlining the importance of this parcel for wildlife, wildlife habitat, riparian habitat and especially movement corridors provided in Exhibit K. OSAC Comments: No additional comments. OSAC Unanimous Recommendation — Wildlife Ranking: High 10 05/18/2010 IV. Sensitive Lands & Environments. Protect riparian areas, flood plains, and other sensitive, unique or endangered ecosystems or environments. Although this parcel is not mapped within a floodplain, there are significant wetlands and ponds just south of the residence across Brush Creek. There are many springs and surface waters in the western hillside that seep down and form ponds and wetlands for reptiles, geese, turkey, ducks and other species. There are also ponds and drainage on the north end of the property created by Brush Creek. These areas also provide wildlife and waterfowl habitat. The property is divided by Brush Creek which has along its banks cottonwoods, mountain maples, willows and other brush. This provides for a significant riparian corridor as outlined by the Colorado Division of Wildlife. Brush Creek on this property has no pollution sources upstream and supports an excellent fishery. There is also deadfall, logjams and historic beaver damage. No known geologic hazards are present. This parcel is contiguous to many thousands of acres of surrounding public lands which makes it integral to a larger functional ecosystem. OSAC Comments: No additional comments. OSAC Unanimous Recommendation — Sensitive Lands Ranking: High V. Physical and Visual Buffers. Promote community separation and distinction, and provide separation between developed areas and sensitive lands. Currently, there is limited development on the surrounding properties therefore the need for community separation between developed areas and sensitive lands are not applicable to this proposal. OSAC Comments: No additional comments. OSAC Unanimous Recommendation — Physical and Visual Buffer Ranking: N/A VI. Access to Streams, Rivers, Public Lands and Dispersed Recreation Opportunities. Provide access to public lands, and improve opportunities for high quality dispersed recreation. Staff Comments: Public access on the parcel would be determined by Eagle County, if the property is purchased. This parcel is divided by Brush Creek. Although Sylvan Lake contains the smaller tributaries of East and West Brush Creek, the upper main stem of Brush Creek is not very accessible due to private landholdings. This portion of Brush Creek has been in private holding for almost 50 years and fishing access has been denied to the public. The public access is located off a secondary travel route, some distance from a community center and therefore the ranking drops from High to Medium. OSAC Comments: Some OSAC members stated due the pristine nature of the river access and the proximity to Sylvan Lake State Park, OSAC moved to have the ranking changed from Medium to High. Staff Recommendation — Access Ranking: Medium OSAC Unanimous Recommendation — Access Ranking: High B. Additional Project Considerations 11 05/18/2010 The following represents those items listed as `Additional Criteria and Considerations" in Eagle County's Open Space Criteria. For the purpose of discussion, the two sections, "Factors Favoring Land Protection" and "Factors Weighing Against Land Protection" have been consolidated into single positive statements that can be evaluated for conformance. At the April 12, 2010 OSAC meeting, all 11 Project Considerations were unanimously approved. Economy. Discounts, other funding, partnerships, land donation, and /or endowment contribution favorably reduce the County's portion of the purchase cost. Staff Comments: While partnership with the State Parks Department was contemplated at the preliminary funding meeting, no discounts, other funding arrangements, partnerships or contributions exist at this time. In 1999, Eagle County contributed $1.5 million, or 15 %, to the purchase of 1276 acres of property just south of the Sleepy Hollow Ranch. This land was added to Sylvan Lake State Park. The total purchase price of the acquisition was $10 million, or $7,800 per acre. If the Board of County Commissioners decides to fund this property at $2,999,999, the cost per acre would be $35,300. This most recent fee - simple purchase by Eagle County of the property in Dotsero was $9340.00 per acre. OSAC Comments: Some OSAC members were concerned about the lack of interest from The Colorado State Parks. One member suggested we examine the long term view and understand the economy will eventually change. They asked staff to find out if money wasn't an object, would they be interested in this project. Is so, what potential do they see in the property? Another member suggested contacting Gore Range Science School to see if they might be interested in maintaining the property and using the two homes as teacher housing. II. Master Plan. Land or development rights acquisition is supported by the intent and purposes of applicable Eagle County Master Plan documents. Staff Comments: The preservation of this property meets the intent of the Eagle County Open Space Plan, which states that the functions of Open Space include the following: Maintain rural atmosphere Protect natural and social resources Maintain visual quality Control development in unsuitable areas Policies within the 2006 Eagle County Comprehensive Plan that also apply to this project include 3.2.2 - Quality of Life, Policy — a. Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations. 3.3.5 — Other Industries, Policy — j. Agricultural land uses should be retained to preserve Eagle County's historical heritage and scenic quality for the benefit of future generations. 3.6.5 River Recreation, Policy — i. Water related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments. 3.7.6 Wildlife Resources — a. The quality, integrity and interconnected nature of critical wildlife habitat in Eagle County should be preserved. Eagle County's Future Land Use Map (FLUM) indicates this area as "Rural ", which contemplates densities of one unit per 35 acres and agricultural or resource - oriented uses. 12 05/18/2010 The purchase and preservation of this land would provide public access to approximately 2400 lineal feet of Brush Creek. OSAC Comments: No additional comments. III. Urgency. Development of the property, to a degree that open space values would be significantly compromised, is imminent. Staff Comments: The land owner has indicated they would like the property preserved as soon as possible. The property has been subdivided into two 35+ acre lots without application to the County, which would allow for the construction an additional single family home. No application for zone change or special use has been made to the County. While the owner of this property could exercise any number of different agricultural /residential development options, it is unlikely that any land use would be approved for this property that would significantly diminish the open space attributes it presently provides, especially given its location to Sylvan Lake State Park. OSAC Comments: No additional comments. IV. Uniqueness. The subject property is the only remaining, or one of a very few remaining, opportunities to protect open space of its kind. Staff Comments: As discussed earlier, an opportunity for access to the stream, which is unique in terms of size and quality, should be noted. OSAC Comments: No additional comments. V. Precedent. The project sets positive precedent for open space preservation values and objectives, and may motivate other landowners to consider preservation alternatives. Staff Comments: Participation in a project would provide access to additional quality fishing waters in Eagle County sets a positive precedence. A project of this nature should involve a variety of partners, including, but not limited to, the Colorado Division of Parks and Recreation, the Town of Eagle, Eagle County, GOCO, and the Division of Wildlife. OSAC Comments: No additional comments. VI. Education. Preservation would provide unique educational opportunities Staff Comments: Partnerships could be created with the school district and the Eagle Valley Historical Society since there is a rich history on the property. Any education opportunities would be provided by Eagle County since we would be the property owner. OSAC Comments: No additional comments. VII. Support. There is wide - spread community support for the project. Staff Comments: There are no letters of support or objection for the project. OSAC Comments: No additional comments. 13 05/18/2010 VIII. Big Picture. The project has potentially significant benefit on a regional or state -wide basis. Staff Comments: Benefits with this property include additional access to the stream, and the possible use of the residence on the property for employee housing. These benefits are generally local and not regional in nature. OSAC Comments: No additional comments. IX. Encumbrance. The property is not negatively encumbered by mineral rights, rights - of -way or easements. Staff Comments: According to the application, the property would not appear to be encumbered in any manner that would threaten its open space values. OSAC Comments: No additional comments. X. Environmental Hazards. The property is not significantly burdened by environmental hazards (chemicals) or other waste or refuse. Staff Comments: Although a detailed study has not been conducted, no hazardous materials and no recognized environmental conditions, nor potential for such conditions, are indicated on the property. OSAC Comments: No additional comments. XI. Maintenance. The long term cost to the County of maintaining and /or monitoring the land is expected to be reasonably low. Staff Comments: At the time of preliminary funding review by OSAC, it was assumed the Colorado State Parks Department would be taking over maintenance responsibility of the property. Since the last meeting, the State Parks Department has indicated they do not have the money necessary to help fund the purchase or maintain the property in the foreseeable future. Therefore, it has yet to be determined the cost of necessary improvements, such as parking and access, maintenance, and monitoring of the property to determine if those would be reasonable for the project. Staff suggests the property owner determines the costs for improvements, maintenance, and monitoring. Then submit these findings for review by the Board of County Commissioners prior to a funding decision. OSAC Comments: The maintenance and/or demolition of the existing homes as well as structures complicate the purchase of the property with open space funds. If the entire parcel was purchased through open space funds, all the buildings would need to be demolished similar to the property purchased in Dotsero. DISCUSSION: Chairman Fisher spoke about her knowledge of the family. Ms. Valdez presented a general project overview. The property had been under single ownership since 1961. The owner was proposing a fee simple purchase, requesting that the county purchase the property outright. The application went before the Open Space Advisory Committee in 2004 and was not recommended for funding at that time due to the limited amount of usable space on the property. Currently the property owners were asking $2,999,999 to purchase the property. The property included 85 acres of land -zoned resource. 32 of the 85 acres were steep slopes. The property included a .5 -acre foot of water rights and allowed river access. A property 14 05/18/2010 appraisal was done in 2006 and the land was valued at $4.3 million. She provided an overview of the criteria and recommendations by staff and OSAC. There were currently no funding partners. Chairman Fisher asked the applicant to explain their goals. Tawlys Tonso spoke about the property history. She believed the property would provide pubic access to a good stream flow. Chairman Fisher believed the property was beautiful and had a lot to offer. However, she expressed concern for the lack of other funding sources. She wondered if in the interim the property could be managed by the county and other funding partners to provide land banking until the economy got better. Commissioner Stavney stated that from the county's standpoint there were still a lot of unanswered questions. He wrestled with the funding and where this property fit in. He wondered if opening hiking trails was an option. Ms. Valdez stated that the biggest optical was the steep slopes. Commissioner Stavney expressed concerned for the cost of upkeep. He wondered what staff's perspective was in terms of using open space dollars as an interim step. Mr. Morris believed that so long as the property was purchased with open space funds continued thereafter to be used in a way that was consistent with the requirements of the ballot language it would all right to use the funding for that purpose. However, when viewed as an interim step he wasn't sure whether the county had the right to sell it for some other use at a later date. He believed that this option needed to be researched. Chairman Fisher stated that currently there were no extra dollars and this put the county in a difficult position. She believed there were more questions that needed to be answered and the file should be tabled to allow Commissioner Runyon the opportunity to weigh in. She believed that maybe this was the perfect open space purchase if in time the details between the state parks or forest service could be worked out. Rachel Overlease spoke about the property. She believed that one of the key elements was that the property was located at the headwaters of Brush Creek. She believed the property also provided wildlife habitat during the winter months. She liked the idea of opening up the area to the public. She believed it was a great opportunity and hoped that the county would take the time to look into what options were available to make it happen. Scott Schlosser, Eagle resident spoke in support of the application. He believed the property would finalize the connection with Sylvan Lake Park. He suggested a possible lease management agreement in the interim. He supported a limited service campground. He believed the buffer was a nice transition. He wondered about the value of the water rights. Chairman Fisher asked Ms. Valdez if the existing house and out buildings could be moved to another location and used for other types of county programs. Commissioner Stavney spoke about the cost of maintaining the property. He liked the idea of day use, which would tie in with the surrounding property. However, he believed that there should be further discussion regarding long -term maintenance. Tawlys Tonso believed there were opportunities that could generate revenue and offset maintenance expenses. Chairman Fisher stated that she felt inspired by the discussion. She hoped that there would be questions answered in the next couple weeks. She hoped that opening the file to the public would broaden the dialog and encourage potential funding partners to step forward. Mr. Morris stated that he'd research whether the county could acquire the property with open space funds, restrict its use in the interim and later change its status. He would also follow up on researching the permitted uses under the open space language. Ms. Valdez stated that she would research the value of the water rights, whether the buildings could be moved rather than be demolished, and explore the cost of long -term maintenance. Tawlys Tawlys stated that there were tough sheds on the property that could easily be moved and re -used. Commissioner Stavney asked staff to explore the trail opportunities and maintenance costs. Mr. Schlosser believed a campground could be a year around funding source. He believed there were other partners out there such as the Youth Conservation Corp. Ms. Overlease believed that allowing public access would go a long way in showing the public that the county was using the open space funds to support and allow for their needs and uses as well. Cheryl Jackson believed that senior citizens and the disabled could access the property easily for fishing. Secondly, she believed the existing house and sheds could be used for artists in residence programs. 15 05/18/2010 Tawlys Tonso spoke about the bike path possibilities. She believed that some of the work had already been done by the Adams Mountain Country Club. Commissioner Stavney mentioned several possible funding partners and suggested that staff continue their research. Commissioner Stavney moved to table the Coyote River Ranch — Final Funding Request to a date to be determined. Chairman Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Title: Coyote River Ranch — Final Funding Request Owner: Karl Berger PO Box 2329, Avon, Colorado 81620 Location: Property is located on the Colorado River south of (upstream from) I -70 in Dotsero Date: May 18, 2010 Representative: Kara Heide, Eagle Valley Land Trust Staff Planner: Kris Valdez, Planner I. Project Overview The Eagle Valley Land Trust (EVLT), representing Karl Berger, is requesting Eagle County Open Space Tax funds in the amount of $1.85 million to purchase in fee simple 126.586 acres of Coyote River Ranch, then placing the purchased property under a conservation easement to be held by EVLT. The entire Coyote River Ranch is 166.586 acres. The remaining 40 acres is proposed to remain with the land owner. This would require further subdivision of the property. The property is located on the Colorado River just up stream from Dotsero. That portion of the land proposed for conservation on the east side of the river valley would be used as a large irrigated hayfield and livestock pasture. The balance of the conserved property is proposed to be used as open and recreational space. The property was originally homestead in 1902. Purchasing this property will preserve views, visual quality in the area, and could provide a new public access point to the Colorado River. A draft conservation easement has been submitted, but it is general in nature and does not address the specifics of the property. The land owner did not want to spend money on a more specific conservation easement until a favorable recommendation from OSAC was given to the Board. This was requested at the time of application per the application checklist. The Open Space Advisory Committee preliminarily reviewed this project in executive session in April 2009, then in a preliminary public session November 2009, January 2010, February 2010, and March 2010. A formal funding application was received March 29, 2010. On April 12, 2010, OSAC reviewed the formal submittal and final funding request. The total appraised value of the 126.586 acres that is being considered by this application is $2.379 million. The appraisal was done by David E. Peterson in October 2009. The land owner has agreed to a bargain sale, with a contribution of $529,000 value resulting in a funding request to Eagle County of $1.85 million, or 77% of the appraised land value. EVLT will be applying to Great Outdoors Colorado and Colorado Conservation Partnership for additional funding if the County does not fund the full amount. 16 05/18/2010 DISCUSSION: Ms. Valdez stated that the applicant requested that the file be tabled until June 8, 2010 when all the commissioners could be present. The project was originally going to be a conservation easement but the landowner later decided he wanted a fee simple purchase. Commissioner Stavney spoke about the request. He suggested that staff follow up with the adjacent landowners as they had expressed an interest in purchasing a portion of this property. He also requested that staff explore the other funding partners. He expressed frustration that the potential funding partners were waiting for the county to make the first move. Chairman Fisher agreed with Commissioner Stavney. The goal was to encourage the applicant to have as many conversations as possible before coming before the board. Commissioner Stavney stated that the water rights were also unclear. The real hang up for him on this property was the public access to the river from Hwy 6. Mr. Morris believed that staff had some answers to these questions but believed they should be discussed in executive session. There being no further business be '.. : •v the meeting was adjourned until May 25, 2010. V Attest: dik, �`. �►r _ .i... > * Q� �^' Clerk to the Boar- CQRA, Chairman 17 05/18/2010