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HomeMy WebLinkAboutMinutes 02/19/13 PUBLIC HEARING February 19, 2013 Present: Jon Stavney Chairman Sara Fisher Commissioner Jill Ryan Commissioner Keith Montag County Manager Rachel Oys Assistant County Manager Bryan Treu County Attorney Beth Ayres-Oliver Assistant 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: Manager Update (recorded) Keith Montag, County Manager 1. Communications Update,Kris Friel 2. Information Sharing 3. Team Updates 4. Meetings Attended/Future Meetings 5. Discussion Items 6. Roth 457 Discussion, Lisa Ponder Attorney Update (recorded) Bryan Treu, County Attorney A. Open Session 1. Update on Century Link Agreement 2. Legislative Tracking-Update on HB 12-1222 B. Executive Session 1. Discussion of IGA with the Town of Minturn for Management of the Minturn Boneyard Property. 2. Rothkopf Appeal of Denial of Petition to Exclude Property from Cordillera Metropolitan District. Treasurer's Kiosk Preview Outside Treasurer's Office Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of February 18,2013 (subject to review by the Finance Director) Finance Department Representative B. Resolution 2013-018 Concerning Appointments to the Eagle Valley Library District Board of Trustees 1 02/19/2013 Eagle Valley Library District Representative C. Colorado Parks and Wildlife Impact Assistance Grant Application Mark Chapin,Assessor D. Change Order No. 1 for the Avon to Eagle Vail Trail Project,Phase II,between Eagle County and Oldcastle SW Group, Inc. DBA B&B Excavating Ellie Caryl, ECO Trails Ellie Caryl spoke about item D. The item would approve some change orders. The trail was located between Post Blvd. and the Eagle Vail/I-70 exit. The Eagle Vail community contributed a cash amount of$10,000 and other staff services. Commissioner Fisher moved to approve the Consent Agenda,Items A-D. Commissioner Ryan seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Treasurer's Quarterly Investment Report and Public Trustee's Quarterly Report Karen Sheaffer,Treasurer&Public Trustee Ms. Sheaffer presented the report. The 4th quarter total was $251,489.60 slightly higher than 2011. She hoped that some of the changes made in the investment policy would be realized. The downside was that the county did not bring in the anticipated revenues. Commissioner Ryan wondered why there was such a variance in the monthly interest revenues. Ms. Sheaffer stated that most of the interest revenue was from fixed term investments. The cash flow fluctuated throughout the year. There were no recommended changes to the investment policy at this time. Karla Bagley presented the revenues/expenses for the last quarter. There was a big jump in foreclosures in 2009 but since then,they seem to be slowing down. Monthly foreclosure filings had been going down. Foreclosure sales in 2011 there were 334 and 2012 there were 304. Currently there were 255 active foreclosures. She spoke about the new Kiosk outside the Treasurer's Office that was available to the public. The kiosk provided statistical information, foreclosure information, and state data. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: Eagle Vail Metropolitan District REQUEST: Special Event Permit EVENT: "Spring Swing Fling" DATE: Saturday,March 2,2013 REPRESENTATIVE: Debbie Barnes 2 02/19/2013 LOCATION: Eagle Vail Pavilion—538 Eagle Road,Avon(Eagle Vail) STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None DESCRIPTION: The applicant is requesting a permit for an event being held at the Eagle Vail Pavilion on Saturday March 2,2013. The applicant is hosting a"Spring Swing Fling". The event will feature swing dance lessons followed by a dance social. Beer, wine and appetizers will be available. The applicant expects only around 40 attendees but hopes for more. Proceeds from the event will benefit the Vail Performing Arts Academy. 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. Public notice has been given by the posting of a sign in a conspicuous place on the premises February 8, 2013, at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management plan. 5. Eagle County Sheriff's Office has been notified. DISCUSSION: Ms. Scriver presented the request. Ms.Barnes spoke about the event. The event would be a fundraiser for the Vail Performing Arts Academy. The event was also a way to draw in the community and show off their facility. Commissioner Fisher complimented the Eagle Vail Metro on the recently renovated facility. It was a beautiful place and could be rented at a reasonable rate. Commissioner Ryan recently attended an event and believed it was a nice county resource. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the application for the Eagle Vail Metro District event being held at the Eagle Vail Pavilion on Saturday,March 2,2013 from *6—9 pm. Commissioner Ryan seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. Commissioner Ryan moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Work Session (recorded) 2013 Capital Improvements Projects Robbie Arndt and Tom Hyatt,Finance 3 02/19/2013 Planning Files Cattleman's Club Road Ben Gerdes,Engineering Department Tracy Kinsella, Cattleman's Club HOA Representative ACTION: Variance from Improvement Standards for access to existing development. Cattleman's Club is an 8-lot subdivision served by a single access that does not meet Eagle County Improvement Standards for dual access,road width or grade. LOCATION: West Lake Creek TITLE: Cattleman's Club Road FILE NO.: VIS-4065,Variance from Improvement Standards RELATED FILE NOS.: MI-12021 (Access Grading Permit) OWNER: Cattleman's Club Homeowner's Association APPLICANT: Cattleman's Club Homeowner's Association REPRESENTATIVE: Tracy Kinsella, Garfield&Hecht,P.C. 1. PROJECT DESCRIPTION A. SUMMARY: The Cattleman's Club HOA(Applicant)represents an eight lot subdivision accessed from West Lake Creek Road. There are currently three primary residences constructed with the potential for 5 additional primary units and 8 accessory units at full build out. Section 4-620.J.9.c(4)of the Eagle County Land Use Regulations require that access roads serving more than three residences meet applicable Eagle County Road Standards. The Applicant is seeking several Variances from Improvement Standards including Dual Access(ECLUR 4-620.J.1.h), Emergency Vehicle Turnaround Areas (ECLUR 4-620.D.10.d)and Road Improvement Standards(ECLUR 4-620.J). B. CHRONOLOGY: 1883 12.855 Acre Williams Parcel Approved 1983 12.855 Acre Williams Parcel Subdivided into 3 Parcels 1995 Final Plat Williams Ranch Tract A&B 2002 Subdivision Exemption via Resolution 2002 Amended Final Plat to reconfigure Williams Parcels 1 &3 2005 1041 Permit C. SITE DATA: Surrounding Land Uses/Zoning: East: RR—Rural Residential West: PUD—Cordillera Subdivision,Filing 33 &Pilgrim Downs Lot 1 North: RP—Resource Preservation-USFS South: PUD—Pilgrim Downs Existing Zoning: Resource Proposed Zoning: Resource 4 02/19/2013 Proposed No.of Dwelling 8 primary and up to 8 accessory Dwelling Units Units: Total Area: 188.5 acres Water: Lake Creek Metro District Sewer: Individual Septic Access: Whiskey Ridge Road 2. STAFF REPORT A. REFERRAL RESPONSES The referral notice was distributed on November 9,2012 and Adjacent Property Owners Letters were distributed on January 22, 2013. The following section referenced the comments of all responses to Eagle County prior to the date of this writing: Eagle County Wildfire Mitigation—Please refer to attached referral response letter dated February 1, 2013. Eagle River Fire and Protection District—Please refer to attached referral response letter dated January 14, 2013. Chuck Biseto-Adjacent Property Owner who called for more information on the application. Mr. Biseto did not express any concerns for the application. Katie Klusterman-Ms.Klusterman's parents are Adjacent Property Owners. Ms. Klusterman called for more information on the application. Ms.Klusterman did not express any concerns for the application. B. DISCUSSION: Section 4-600 of the ECLUR defines the purpose of improvement standards as the minimum design criteria and standards for infrastructure development in unincorporated Eagle County. The criteria and standards are intended to protect and promote the public health, safety and welfare of the residents and visitors of Eagle County. The Applicant represents the property owners of the existing subdivision. The following are the owners of the lots in the Subdivision: Lot 1: (AKA 34 Whiskey Ridge) Owned by Sutton Investors LLP Lot 2: (AKA 1937 W Lake Creek Road) Owned by Scott Development Inc Lot 3: (AKA 1939 W Lake Creek Road) Owned by Scott Development Inc Lot 4: (AKA 380 Whiskey Ridge) Owned by Walden CC LLC Lot 5: This lot has been combined with Lot 6 Lot 6: (AKA 705 Whiskey Ridge) Owned by Walden CC LLC Lot 7: (AKA 420 Saddle Horn Way)Owned by Walden CC LLC Lot 8: (AKA 765 Saddle Horn Way)Owned by Walden CC LLC Currently there are three primary residences constructed with access on Whiskey Ridge Rd. This subdivision was created by a combination of 35-acre parcels and lots defined by Exemption Plat. The only Eagle County review was a grading permit that was issued for a driveway. The work described in the grading permit was not completed by the developer. As a result building permits are not being issued for any additional residences in the Subdivision until the road is improved to County Standards or a Variance to Improvement Standards is approved by the BoCC. The property owners have invested in pavement repair and drainage improvements on the road to mitigate some of the deficiencies left by the developer. 5 02/19/2013 If all 8 approved Lots were fully developed with primary and accessory dwelling units,the maximum generated traffic from the development would be 144 vehicles per day. This traffic volume corresponds to the Rural Residential Road(<250 vehicle per day) classification in the ECLUR, Table 4-620 J. The ECLUR Improvement Standards set the geometric dimensions for the design of each classification of roadway. In order to achieve the desired design the applicant is requesting the following Variances from Improvement Standards for 1400-feet of Whiskey Ridge Road: 1. Dual Access.ECLUR Section 4-620.J.1.h: With the exception of properties proposed to be served from the public roadway system by driveways or by urban cul-de-sacs, two (2)points of ingress/egress to the public roadway system shall be provided, such that in the event a road within the subdivision becomes impassable, all properties will continue to have access to a public roadway system. Both points of access should be open available for daily use. In the event that this is not possible, and at a minimum, there shall be provided a secondary emergency point of ingress/egress equipped with emergency breakaway barriers capable of accommodating emergency response vehicles commonly operated by the Local Fire Authority Having Jurisdiction for all new development or redevelopment. Secondary emergency access points must be kept free of obstruction, and must be maintained to assure year round use. Depending upon the length of the road, the wildfire hazard rating, the number of units proposed, the topography and the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance from this required improvement standard. The Applicant has agreed to provide a secondary emergency egress from Saddlehorn Way to Spring Place. This access would be for emergency only and would be restricted from other use by a locked gate. Eagle County Wildfire Mitigation has reviewed the secondary egress and has offered support of the access in their referral comments. 2. Emergency Vehicle Turnaround Areas.ECLUR Section 4-620.D.10.d: Emergency vehicle turnaround areas shall be required on rural cul-de-sacs at the initial 1,000 foot mark and at 1,000 foot intervals for the remaining length of road. The Local Fire Authority Having Jurisdiction may recommend an alternative spacing plan for the turnaround areas. The turnaround areas shall be constructed in accordance with Section 4-620.D.11, Vehicle Turnarounds. The existing road provides two vehicle turnouts. Turnout 1 is located at 470-feet from the intersection with West Lake Creek Rd and turnout 2 is located at 760-feet from West Lake Creek Rd. Eagle River Fire and Protection District has requested that a new turn around be constructed at the end of Saddlehorn Way. 3.Road Design Standards.ECLUR Section 4-620: The proposed road is estimated to carry a maximum of 144 vehicle trips per day. This traffic volume corresponds to the Rural Residential Road(<250 vehicle per day)classification in the ECLUR,Table 4- 620 J. The standard for this road classification is two 10-foot paved traffic lanes and 2-foot gravel shoulders on each side of the roadway. The maximum grade for this classification is 8%. The Applicant has requested variances to the width and grade standards. The existing road has a paved width of 16-feet with a 1-foot shoulder. Existing grades of the road are between 7%and 11%. There are two 50-foot and one 110-foot sections of road that exceed 10%. C. STAFF FINDINGS: 6 02/19/2013 Section 4-600 of the ECLUR defines the purpose of improvement standards as the minimum design criteria and standards for infrastructure development in unincorporated Eagle County. The criteria and standards are intended to protect and promote the public health, safety and welfare of the residents and visitors of Eagle County. Further, Section 4-610.A.2 of the ECLUR states: Standards Are Not Inflexible. These design criteria and standards provide a certain level of performance, however, they are not inflexible. If an alternate design,procedure, or material can be show to provide performance and/or environmental sensitivity which reflects community values equal to or better than that established by these standards, said alternative may be recommended for approval by the County Engineer. In evaluating the proposed alternate the County Engineer shall follow the procedures in Section 5-260.G., Variance From Improvement Standards. The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that normally anticipated user and maintenance costs will not be increased. However,we must also consider that the Board of County Commissioners has adopted Resolution No. 2009-115 in response to numerous and substantial public safety concerns recommending strict enforcement of the ECLUR Improvement Standards with the opportunity for the applicant to appeal to the board for a Variance to these Standards. It is the opinion of the Engineering Department that if the BoCC finds that a Variance to Improvement Standards is justified,the sub-standard geometric features of the existing road can serve the 8-lot subdivision. The Homeowners Association has made a significant investment in improving drainage and replacing failed pavement sections. ERFPD has indicated that they have the ability to serve this community using the existing access. Any BoCC approval should be conditioned to require the applicant to construct the Saddlehorn turnaround and complete the proposed fuel work and secondary access to the satisfaction of the Eagle County Wildfire Mitigation Specialist. Board of County Commissioners Findings The Board of County Commissioners must make the following finding in order to approve or deny this file: (ECLUR 5-260.G.2.) Findings for Variance from Improvement Standards Request In determining whether to approve, approve with conditions, or disapprove the application for Variance from Improvement Standards,the Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. In approving or approving with conditions that are necessary to ensure compliance with the terms of this Subsection,these Regulations, and the Comprehensive Plan. D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [VARIANCE] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). 2. Deny the [VARIANCE] request if it is determined that the petition will adversely affect the public health, safety,and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle 7 02/19/2013 County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [VARIANCE] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [VARIANCE] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public,health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Mr. Gerdes presented the request. Cattleman's Club was an existing 8-lot subdivision. There were currently 3 residences with the potential to build 8 homes and 8 accessory units at full build out. There was a red tag on any future building permits so the HOA was requesting variances to allow for full development. The HOA had been working to make improvements to the roadway surface and drainage. The variances included a variance from the dual access standard, emergency vehicle turnaround standards and some geometric roadway standards. Tracy Kinsella, spoke on behalf of the applicant. She introduced Carmen Wieland,the manager for the HOA. Ms.Kinsella explained that the Hermes Custom Group applied for a grading permit in 2005. The permit was approved but the Hermes Group failed to comply with the terms of the grading permit. The Homeowners Association spent approximately$500,000 completing developer projects and road improvements. The HOA was requesting 3 variances. Eagle River Fire and Protection District requested that a new turn around be constructed at the end of Sandlehorn Way. The applicant agreed to provide secondary emergency egress from Saddlehorn Way to Spring Place. Eagle County Wildfire Mitigation reviewed the secondary egress and offered support. Eric Lovgren spoke about the road connections in the area that allowed firefighters in and homeowners out in the event of a fire. He believed there were issues and wanted to insure that there was something in place to protect lives. Ms.Kinsella presented a proposed emergency access easement. She spoke about the areas on the road that had been widened by the HOA to allow for pullouts. Mr. Gerdes reiterated that there were 3 separate variance. The dual access variance would be covered by a condition. He showed pictures of the road and explained the road design standards. Ms. Wieland stated that the pullouts were plowed in winter. Mr. Lovgren spoke the significant aspen decline in the area and the importance of fuel reduction work.He would be working with the applicant and the State Forest Service on finding some grant money. Mr. Gerdes reviewed the findings for variance from improvement standards. He presented the proposed conditions related to achieving the emergency egress and completion of fuels work. • Chairman Stavney stated that he did not have an issue with the grading. Commissioner Fisher expressed concern for future development growth and wondered if a review should be required at some point. Ms. Wieland explained that the topography did not lend itself to building. Commissioner Ryan supported the variance with conditions. Chairman Stavney understood the situation. He was comfortable with the efforts put forth by the applicant. The dual access was important in the event of an emergency and the fuel reduction should be mentioned in one of the conditions. Chairman Stavney opened and closed public comment, as there was none. 8 02/19/2013 Commissioner Ryan moved to approve file no.VIS-4065, Cattleman's Club Road,variances from Improvement Standards,Dual Access,Emergency Vehicle Turnaround Areas, and Road Design Standards with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public,health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans).Variance from Improvement Standards. Requiring the applicant to construct the Saddlehorn turnaround to the satisfaction of the Eagle River Fire Protection District, complete the proposed fuel work and dual access to the satisfaction of the Eagle County Wildfire Mitigation specialist, and look into performance standards. Commissioner Fisher requested that the when the board reviewed the resolution it be scheduled as an independent item. Commissioner Fisher seconded the motion. The vote was declared unanimous. Work Session (recorded) Fifth Judicial District Judge Position R. Thomas Moorhead, Chief Judge Meet with Red Cliff Town Council Red Cliff Town Offices There being no further business be - . -.rd,the meeting .s adjourned until 26, 2013. , .� '44 Attest: aih. ..•r....L+.._ vg e k to the Bo 'd * cb qc".? Chai 9 02/19/2013