HomeMy WebLinkAboutMinutes 04/09/13 PUBLIC HEARING
April 9, 2013
Present: Sara Fisher Chairman Pro Tem
Jill Ryan Commissioner
Keith Montag County Manager
Bryan Treu County Attorney
Teak Simonton Clerk to the Board
Kathy Scriver Deputy Clerk to the Board
Absent: Jon Stavney Chairman
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
1. Resolution 2013-031 Designating April 2013 as Eagle County Child Abuse
Prevention Month
Dorothy Wilson,Health&Human Services
Toni Rozanski,Director of Children,Family, and Adult Services spoke about the pinwheels that
will be around the county.
Dotty Wilson, Child Welfare Manager, spoke about how they were getting the word out about
Child Abuse Prevention Month.
RESOLUTION DESIGNATING APRIL 2013 AS
EAGLE COUNTY CHILD ABUSE PREVENTION MONTH
WHEREAS,child abuse and neglect is a complex and ongoing problem in our society,the State of
Colorado has received 83,092 referrals of abuse and/or neglect allegations.The State of Colorado accepted 34,172
(41.13%)of referrals for investigation.
WHEREAS,Eagle County is an organization comprised of dedicated individuals who engage daily with
community organizations to find solutions for child maltreatment and to help parents obtain the assistance they
need; and
WHEREAS, every child is entitled to be loved, cared for,nurtured, feel secure and be free from verbal,
sexual, emotional and physical abuse, and neglect; and
WHEREAS,our communities are stronger when all citizens become aware of child abuse, maltreatment,
prevention and engage in supporting parents to raise their children in a safe and nurturing environment; and
WHEREAS,everyone in the community should become more aware of child abuse prevention and
consider helping parents raise their children in a safe, nurturing environments;
WHEREAS,the Board of County Commissioners of the County of Eagle, State of Colorado(hereinafter
"the Board")encourages all Eagle County citizens to"Take a Stand"in the Fight Against Child Abuse by learning
the signs of child abuse and neglect,providing respite for a caregiver,reaching out to our children and parents
and/or by participating in awareness events.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF EAGLE, STATE OF COLORADO:
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THAT,April 2013 be proclaimed Child Abuse Prevention Month in Eagle County.
THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the public
health, safety and welfare of the residents of the County of Eagle, State of Colorado.
Commissioner Ryan moved read and adopted the resolution designating April 2013 as Eagle County Child
Abuse Prevention Month.
Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Consent Agenda
Chairman Stavney stated the first item before the Board was the Consent Agenda as follows:
2. Approval of Bill Paying for the Week of April 8, 2013 (Subject to Review by the Finance Director)
John Lewis,Finance
3. Approval of Payroll for April 18,2013 (Subject to Review by the Finance Director)
John Lewis, Finance
4. Agreement between Eagle County and Carr Pro Rodeo for Production of the 2013 Eagle County Rodeo
Rachel Oys,Administration
5. Resolution 2013-032 for Release of Assignment of Certificate of Deposit No. 9713371335 for Road Cut
Permit No. 5868 for Sweetwater Land and Cattle
Mike Gruber, Engineering
6. Agreement between Eagle County and Schmueser Gordon Meyer,Inc. for Professional Design Services for
Eagle County Bridge EAG-301-27.7 Replacement
Ben Gerdes,Engineering
7. Resolution 2013-033 Authorizing the Adoption of a Temporary Regulation to Authorize the Eagle County
Planning Director to Administratively Approve Road Improvement Standard Variances
Bob Narracci,Planning
8. Contract to Buy and Sell Real Estate between Eagle County and The Conservation Fund for State Bridge
Landing,Two Bridges and Dotsero Landing Properties
Toby Sprunk, Open Space
Commissioner Ryan had questions about the Pro Rodeo competition.
Lori Asmussen responded that it was not a competitive bid process. She explained that the rodeo providers
had been with the Fair and rodeo for many years. It was an all-encompassing contract this year. It was a highly
specialized area.This would be their 5th year.
Commissioner Ryan asked if additional dollars would be found within the existing budget.
Ms. Asmussen indicated this would be possible within the budget.
Commissioner Ryan asked Ben Gerdes about the Schmueser Gordon Meyer group. She wondered about
the configuration of the budget.
Mr. Gerdes indicated the money was in the Road and Bridge Department.
Toby Sprunk spoke about the contract to buy and sell real estate between the county and the Conservation
Fund.
Bob Narracci spoke about the temporary regulation to allow staff to rule on Road Improvement Standard
Variances.
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Commissioner Ryan moved to approve the Consent Agenda for April 9, 2013, as presented.
Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Citizen Input
Chairman Pro Tem Fisher opened and closed citizen Input, as there was none.
Planning Files
9. VIS-3787 State Bridge Recreation Area
Eagle County Room Eva Wilson, Engineering
Toby Sprunk, Open Space
Ron Rasnic,Representative
ACTION: The purpose of this Variance from Improvement Standards is to bring existing driveway up to road
standards per Eagle County Land Use Regulations Section 4-620
TITLE: State Bridge Recreation Area
FILE NO.: VIS-3787,Variance from Improvement Standards
LOCATION: 013550 HWY 131, Section: 26 Township: 2 Range: 83, 1689-261-00-013
OWNER: Eagle County Open Space
APPLICANT: Eagle County Open Space
1) PROJECT DESCRIPTION
A. SUMMARY:
The State Bridge Recreation Area is a 10.3-acre parcel located off SH131 and approximate 13 miles north
of I-70 at Wolcott. The applicant seeks to obtain a"grade"variance from improvement standards on the
road that provides access to his parcel. The proposed access road corresponds to the Eagle County Rural
Access road,Type VII standard with a maximum grade of 8-12%. The steepest proposed grade of access
road is—16%. Applicant is improving the existing access road with grading and asphalt paving. Due to site
constraints and environmental concerns, applicant was unable to meet minimum grade standards.
B. CHRONOLOGY:
14 Feb 1997—Ms.Kristine Woodruff purchased property. Property was leased to rafting outfitters
17 Nov 2011 —Eagle County purchased property from Ms.Kristine Woodruff.
21 May 2012—Eagle County receives a Variance from Improvement Standards application from
Mr. Sprunk, Eagle County Open Space Director and requested permission to construct
improvements conditional to Variance approval and will remove improvements if Variance
is not approved.
7 Sept 2012—Eagle County received applicant's response.
C. SITE DATA:
Surrounding Land Uses/Zoning:
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East: BLM
West: Private(Resource Zoning)
North: Private(Commercial Zoning)
South: BLM
Existing Zoning: Resource
Proposed Zoning: Resource
Proposed No. of Dwelling 0
Units:
Total Area: 10.3 Acres
Water: Individual Well
Sewer: Bathroom Vault
Access: SH 131
2. STAFF REPORT
A. REFERRAL RESPONSES
The referral notice was distributed on May 23, 2012 and Adjacent Property Owners Letters were
distributed on March 7,2013. A legal notice was published in the Eagle Valley Enterprise on 14 March,
2013. The following section referenced the comments of all responses to Eagle County prior to the date of
this writing:
Vail Fire and Emergency Services-Please refer to attached referral response letter dated 24 May 2013
Applicant Response—Please refer to attached response letter date 7 Sept 2012
B. STAFF 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 is proposing improvements to the public boat ramp and recreation area. The applicant seeks
to obtain a"grade"variance from improvement standards on the road that provides access to his parcel.
The proposed access road corresponds to the Eagle County Rural Access road,Type VII standard with a
maximum grade of 8-12%. The steepest proposed grade of access road is—16%. Applicant is improving
the existing access road with grading and asphalt paving. Due to site constraints and environmental
concerns,applicant was unable to meet minimum grade standards.
1. Road Design Standards. ECLUR Section 4-620:
The proposed access road is estimated to carry less than 50 Average Daily Traffic(ADT). This volume
corresponds to the Eagle County Rural Access,Type VII standard that maximum grade of 8-12%. The
steepest proposed grade is—16%
C. STAFF FINDINGS:
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:
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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.
The following supports applicant's position for their variance request:
1. Improve existing conditions, asphalt pavement will increase vehicle traction
2. Seasonal use only-no winter usage
3. No overnight camping
4. Constrained site conditions
It is the opinion of the Engineering Department that a Variance to Improvement Standards is justified and
access is improved by the applicant.
Eagle County Comprehensive Plan
As the proposed variance is for an existing access road accessing existing parcels,there is no direct impact
per the comprehensive plan.
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).
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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
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:
Ms. Wilson introduced the file. The applicant was requesting a variance from improvement standards on
the access road to a 10.3 acre parcel allowing public river access and a recreation area. She presented a vicinity
map. The county purchased the property in November of 2011 and in May of 2012 received a variance from
improvement standards application from Mr. Sprunk,requesting permission to construct improvements. The
proposed road was estimated to carry less than 50 cars daily. The proposed project had a 16%grade on the road
and the intersection required a 3%grade. The proposed improvements included river access, a parking area and
bathrooms. All improvements had been made. There was a 25 ft. drop from HWY 131 to the bottom of the
parcel. The Vail Fire&Emergency Services expressed concern with the 15.8%access road grade and their truck
being able to get to the river to get water to fight wildfires in the area.
Mr. Sprunk stated that there would be no camping or campfires allowed. There would be seasonal use
only. The driveway was now paved and much better than before.
Rick Ullom explained that the road was paved and they tried to level the grade.
Commissioner Ryan understood that the variance to improvement standards was justified by the
Engineering Department and access had been greatly improved.
Commissioner Fisher wondered if there had been any communication with the Greater Eagle Fire
Protection District.
Ms.Wilson stated that there had not been a response received from Greater Eagle Fire.
Commissioner Fisher stated that the property access had never been better and she did not think it was
necessary to add a condition for a service provider that might or might not respond.
Mr.Ullom explained that that during renovations,there were other larger vehicles that did not have any
difficulty accessing the river.
Commissioner Fisher opened and closed public comment.
Mr.Montag added that Chairman Stavney indicated his full support of issuing the variance.
Commissioner Ryan moved to approve the Variance to Improvement Standards—3787, State Bridge
Recreation Area without conditions.
Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
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Work Sessions (recorded)
10. Eagle County Historical Society Projects Update
Eagle County Room John Bronn and Kathy Heicher
Eagle County Historical Society
GLE:co
There being no further business befo. o 'iii:., 4. 'e meeting was adjourned until pril 16,2013.
Attest: �. CoivsP0 t V,��
Clerk to the Board Chairm.
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