Loading...
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: • 1 04/09/2013 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. 2 04/09/2013 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: 3 04/09/2013 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: 4 04/09/2013 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). 5 04/09/2013 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. 6 04/09/2013 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. Nip wt)L41 DYyv►\ 7 04/09/2013