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Minutes 08/31/10 PUBLIC HEARING August 31, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Robert Morris Deputy County Attorney Teak Simonton Clerk to the Board Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: 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 August 30, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for September 9, 2010 (subject to review by the Finance Director) Finance Department Representative Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes to the consent agenda. Commissioner Runyon moved to approve the Consent Agenda, Items A -B. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Resolution Cordillera Valley Club Planned Unit Development Amendment Bob Narracci, Community Development Mr. Narracci presented the request. He stated that file number PDA- 00067, Cordillera Valley Club Sound Mitigation and Landscaping Berm, was approved a couple years ago however now that the project was under way the applicant had found that some of the conditions were not achievable. He presented the conditions and proposed amendments. Ms. Christy D'Agostino, Senior Project Manager with VAg, Inc. spoke about the landscaping project, the challenges, and amended landscaping plan. Commissioner Runyon asked the date of the original approval. Mr. Narracci stated that the PUD amendment was approved in May of 2007. 1 08/31/2010 Chairman Fisher stated that at this time she felt unprepared. She believed it would be helpful if there were greater explanation. She recalled that in 2007, there was a push to receive an approval. She wondered why there was such a delay. Mr. Narracci stated that there was a change in ownership and a hold up with easement agreements. Commissioner Runyon stated that he voted against the file the first time for a number of reasons. Chairman Fisher wondered why there was not a follow up resolution. Mr. Narracci stated that there was a hold pending the arrangements they were trying to make with the owner. The resolution memorializing the May 2007 decision was placed on the consent agenda last December. Ms. D'Agostino stated that the former owner was trying to sell the property and was reluctant to enter any agreements. Commissioner Runyon wondered if it was usual to have a 2 -year delay between the hearing and the final resolution. Mr. Narracci stated it was not. Chairman Fisher stated that she was not comfortable making changes at this time. The back up was received late and she would like time to review the information with staff. She recalled that when the approval was given that was when the clock started. What was presented in the hearing became part of the record and there was no mention that the property would be sold. She was also concerned that the resolution was placed on the consent agenda 2 -years after the actual approval. Commissioner Runyon believed that the land use regulations needed to be amended to ensure that all changes were made within a limited time -frame. Mr. Narracci stated that the most substantial change was that the applicant was proposing a 5 -year phasing plan. Commissioner Stavney asked about the timetable and if there was a construction mitigation plan. Ms. D'Agostino stated that each area would be phased and construction would begin next year. Mr. Narracci stated that there was a lot of discussion regarding where staging would occur, phasing, etc., which was written in the condition 15. If amended it would be phased by area. Chairman Fisher stated that the she recalled the homeowners' not wanting a long dragged out construction period. Without representation from the homeowners, she was not comfortable making a decision. Ms. D'Agostino stated that her direction came from the Cordillera Valley Club BOA and metro district. She explained the phasing proposal and the need to order supplies in advance in order to begin construction next year. The bonding capacity also played a factor in the phasing. Commissioner Stavney stated that he did not have a problem with the project being phased over time. However, he was concerned with a five -year project and how it would be phased and what the public could expect. Mr. Narracci stated that through the grading permit process, dust mitigation and re- vegetation where included. Commissioner Stavney stated that he did not favor a denial. He understood some of the challenges of meeting some of the conditions. He believed that further discussion and clarification was needed and suggested tabling the file. Commissioner Runyon stated that he would be willing to move forward. Chairman Fisher stated that she was challenged with the changes especially the phasing component. She anticipated work being the same year of the approval. She was concerned with the mitigation and there was nothing to insure completion of the entire project. She recommended tabling the file allowing time to review the prior meetings. She would also like to understand why there was a delay in the resolution coming forward. She didn't realize there was still a lot of work on the easements at the time of approval. Ms. D'Agostino stated that the agreements did commit the applicant to the easement and maintenance for all 10 areas regardless of ownership. Chairman Fisher believed that due to the lapse in time, she preferred reviewing the board's options with the Attorney's Office. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved to table the resolution amending the Cordillera Valley Club Planned Unit Development until October 12, 2010 at 1:30 p.m. Commissioner Runyon seconded the motion. The vote was declared unanimous. 2 08/31/2010 Resolution 2010 -104 Providing for the Submission to the Registered Qualified Electors of Eagle County, Colorado, of a Question to Determine Whether Eagle County Electors Shall Allow Medical Marijuana Businesses to Continue to Operate in Unincorporated Eagle County Subject to Regulations as Determined by the Board of County Commissioners; Said Ballot Question to be Submitted at the General Election to be Held November 2, 2010; Prescribing the Form of Ballot Question for Submission at Said Election; Providing for Certification of the Election Question to the County Clerk and Recorder; and Otherwise Providing for the Conduct Thereof County Attorney's Office Representative Chairman Fisher stated that there had been public comment at the last meeting encouraging the board to revisit the ballot language and how it would read on the ballot. She read the resolution and asked for any input. Commissioner Stavney believed that the language was clear. Commissioner Runyon had no comment. Chairman Fisher opened and closed public comment, as there was none. Chairman Fisher believed that allowing the public to way in through the election process would provide the board with some direction. Commissioner Stavney moved to approve the resolution providing for a Submission to the Registered Qualified Electors of Eagle County, Colorado, of a Question to Determine Whether Eagle County Electors Shall Allow Medical Marijuana Businesses to Continue to Operate in Unincorporated Eagle County Subject to Regulations as Determined by the Board of County Commissioners; Said Ballot Question to be Submitted at the General Election to be Held November 2, 2010; Prescribing the Form of Ballot Question for Submission a Said Election; Providing for Certification of the Election Question to the County Clerk and Recorder; and Otherwise Providing for the Conduct Thereof. Commissioner Runyon seconded the motion. The vote was declared unanimous. Planning Files PR -2885 Miller Ranch Daycare Facility Expansion Sean Hanagan, Planning NOTE: File has been withdrawn by the applicant ACTION: The purpose of this Plan Review is for a 470 square foot expansion of the Toddler Room and pushing the playground to the West to accommodate the Toddler Room Expansion LOCATION: In Berry Creek / Miller Ranch on the South sideof Miller. Ranch Road and South of Interstate -70. East of the Edwards Spur Road Chairman Fisher stated that due to the current budget situation the board did not feel they had the money to put towards this project. They were working on solutions with the Miller Ranch daycare providers to figure out the best way to resolve the issue. She explained that the state made an error, which caused a shortfall. There was a costly design flaw and it was the board's hope to find a resolution as soon as possible. Commissioner Stavney stated that a solution was in the works to allow the facility to continue to operate but without the continued subsidy from the county. There should be no interruption of operation. 3 08/31/2010 Future Meeting Agendas Mr. Montag stated that due to the upcoming holiday the Monday and Tuesday agendas would be combined. He stated that today there would be a tour of the Riverview Apartments and welcomed the public to attend. He mentioned that the applicant of ERM requested a tabling October 5 2010. Budget Update John Lewis, Finance Recorded Riverview Renovation Project Tour - 39169 Hwy 6 & 24, Avon Alex Potente, Housing & Development PDS - 2313 Eagle River Meadows Scot Hunn, Planning NOTE: Tabled from 01/26/10, 03/30/10, 05/25/10, 06/08/10, 07/06/10 & 07/24/2010 ACTION: The purpose for this Sketch Plan is for a mixed use Planned Unit Development, inclusive of residential, commercial, medical, and office uses. Proposal also includes active and passive recreational and open space uses. LOCATION: Former `B &B Gravel Mine" site generally situated along Hwy 6 Edwards, Colorado, NW 1/4, Section 5, Township 5, Range 82. Lance Badger, representative for the owner asked that the file be tabled. Commissioner Stavney moved to table the file PDS -2313 Eagle River Meadows, until October 5, 2010. Chairman Fisher seconded the motion. The vote was declared unanimous. There being no further business before :t' .. e meeting was adjourned until September 7, 2010. tol ' Attest: � ��r:.. * _Li I to DI • Cler to the Boa r F c b�ao Chairman 4 08/31/2010