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Minutes 01/28/14 PUBLIC HEARING January 28, 2014 Present: Jill Ryan Chairman Pro-Tern Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board Kathy Scriver Deputy Clerk to the Board Absent: Sara Fisher Chairman This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Chairman Pro-Tern Ryan spoke about the San Juan County,Washington challenge; the winner would auction off the prize or donate the winnings. Consent Agenda Chairman Pro-Tern Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of January 27, 2014 (Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for February 6,2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Agreement for Professional Services between Eagle County and the Vail Valley Jet Center, Inc., for General Aviation Landing Fee Collection Chris Anderson, Airport 4. Intergovernmental Agreement between Eagle County and Pitkin County for CSU Extension Horticulture/Small Acreage Management Services Rita Woods,Health&Human Services Glenda Wentworth, CSU Extension 5. Final Settlement of Contract with ColWest Roofing and Water Proofing Company for the Eagle County Building Roof Replacement Rick Ullom,Project Management 6. Agreement between Eagle County and the Town of Gypsum for Use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services Barry Smith, Emergency Management Glenda Wentworth spoke about item 4,the agreement between Eagle County and Pitkin County for horticulture services. Jeff Pieper had been with the county since September and would be donating 20%of his time in Pitkin County. Mr.Pieper spoke about his recent tour of Pitkin County and some of the programs he'd been working on. 1 01/28/2014 Commissioner Chandler-Henry moved to approve the Consent Agenda for January 28, 2014, items 1-6,as presented. Chairman Pro-Tern Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Pro-Tern Ryan opened citizen input. Barbara Allen believed someone needed to protect the kids and either the board or the drug cartel was keeping the public from speaking. She'd gone to the schools and was told that teachers could not speak to her about the subject. She believed that she must keep speaking. She went to the Golden Eagle and was told she could not speak. She believed that Chairman Fisher's intimidation tactics may have worked before but she would not let her intimidate her because lives depend on her. She spoke about Commissioner Ryan's data on medical marijuana and recreational marijuana should not be compared to medical marijuana. The board needed to consider the evidence in Denver on recreational marijuana. She asked Brian Treu if a child were killed in Edwards because of marijuana, whether the countycould be sued. She asked that the board to take recreational marijuana out of Edwards. Commissioner Ryan stated that there was nothing pending before this board,the board took public testimony and voted on the issue allowing a limited number of retail marijuana shops and the cultivation, manufacturing, and testing through special use permit. The board considered the matter closed. Michael Cacioppo spoke. It was his opinion the commissioners' treatment of Barbara Allen at the last meeting was harsh. Ms. Allen was trying to keep marijuana retail shops away from schools. He believed that just because the matter was closed should not prevent a citizen from being able to continuously ask the board to reconsider the vote. Ms. Allen was a conserved citizen entitled to her point of view. He would always defend people even if he disagreed with them of their right to speak. He defended what Ms. Allen wrote in her advertisement and believed her statements were pointed, and the information was accurate. Commissioner Chandler-Henry stated that the regulations that had been implemented were intended to protect the public health, safety,and welfare and would be monitored as things progressed. The county was working with the largest youth serving nonprofit to work on an educational campaign for students,parents, and families. Ms.Allen stated that her article was meant to challenge the board not be hurtful. Chairman Pro-Tern Ryan closed citizen input. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Housing and Development Authority. Chairman Pro-Tern Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Housing and Development Authority 7. Agreement for On-call Services between Lake Creek Village LLC and Meadow Mountain Plumbing and Heating Service,Inc. Jill Klosterman and Bill Wright,Housing Ms.Klosterman spoke about the services needed surrounding the boilers. This contract should take care of the deferred maintenance of the boilers. It did not include full replacements. Commissioner Chandler-Henry moved to approve the agreement for on-call services between Lake Creek Village,LLC and Meadow Mountain Plumbing and Heating Service,Inc. Chairman Pro-Tern Ryan seconded the motion. The vote was declared unanimous. 2 01/28/2014 Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and re-convene as the Board of County Commissioners. Chairman Pro-Tern Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 8. Resolution 2014-005 Annual Appointments Bryan Treu,Attorney's Office Mr. Treu highlighted the resolution. BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2014- ANNUAL APPOINTMENTS RESOLUTION WHEREAS,the Board of County Commissioners of the County of Eagle, State of Colorado(hereinafter "the Board"), desires to make certain necessary administrative appointments and designations for the terms specified hereinbelow; and WHEREAS, it is necessary that the Board designate official legal depositories for the County of Eagle, State of Colorado, for fiscal year 2014,pursuant to Sections 24-75-603 and 30-10-708, C.R.S.; and WHEREAS,the following appointments and designations do not constitute contractual obligations of the County of Eagle nor of the Board, and the County and the Board are not legally bound for the respective terms of appointment or designation as specified hereinbelow,the County,by and through the Board, having the authority, in its sole discretion,to change, add, or abolish such appointments and designations and to fill vacancies,therefore, as it sees fit. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: • THAT, Commissioner Jillian H.Ryan be and is hereby elected Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado, in accordance with Section 30-10-307, C.R.S. THAT, Commissioner Sara J.Fisher be and is hereby elected Vice Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado,to preside,in the absence of the Chairman, at all meetings of the Board and to sign all County orders concerning matters submitted to the Board or connected with its powers and duties. THAT, Keith P.Montag be and is hereby appointed Eagle County's representative and Sara J.Fisher be and hereby is appointed as alternate representative of Northwest Colorado Council of Governments. THAT, Kathy Chandler-Henry be and is hereby appointed as Eagle County's representative member to QQ and Ray Merry be and is hereby appointed as alternate representative. THAT,Kathy Chandler-Henry be and is hereby appointed Eagle County's representative and Sara J. Fisher be and is hereby appointed as alternate member to the Ruedi Reservoir Water and Power Authority. THAT, Keith P. Montag be and is hereby appointed Eagle County's representative and Sara J. Fisher be and is hereby appointed as alternate member to the Eagle County Regional Transportation Authority pursuant to Eagle County Resolution No. 96-22. 3 01/28/2014 THAT,Kathy Chandler-Henry be and is hereby appointed Eagle County's representative and Sara J. Fisher be and is hereby appointed as alternate member to the Roaring Fork Transportation Authority. THAT, Sara J.Fisher be and is hereby designated as Eagle County's representative to the Eagle River Youth Coalition. THAT, Caroline Bradford and Kathy Chandler-Henry be and are hereby designated as Eagle County's representatives to the 1177 Water Roundtable Committee. THAT,Jillian H.Ryan be and is hereby designated as Eagle County's representative to the Economic Council of Eagle County. THAT, Kathy Chandler-Henry and Jillian H.Ryan be and are hereby appointed Eagle County's representative members to the Partnership for Education. THAT, Sara J.Fisher be and is hereby appointed as an Eagle County representative member to the Board of Directors of Golden Eagle Elderly Housing Corporation. THAT,Jillian H.Ryan be and is hereby appointed as an Eagle County representative, and Toni Rozanski be and is hereby appointed as the alternate representative to the Community Services Block Grant Board. THAT, Kathy Chandler-Henry be and is hereby appointed as Eagle County's governmental representative, Chris Romer be and is hereby appointed as stakeholder representative,and Jillian H.Ryan be and is hereby appointed as the alternate stakeholder representative to the Northwest Colorado Council of Governments Economic Development District Board of Directors. THAT,Jillian H.Ryan be and is hereby appointed as an Eagle County representative member to the Board of Directors of Eagle Riverview Affordable Housing Corporation. THAT,Kathy Chandler-Henry be and is hereby appointed as an Eagle County representative member to the Board of Directors of Lake Creek Affordable Housing Corporation. THAT,Kathy Chandler-Henry,Sara J.Fisher and Jillian H.Ryan be and are hereby appointed commissioners of the Eagle County Housing and Development Authority, serving ex officio pursuant to C.R.S. 29-4-504(2). THAT, Sara J.Fisher and Kathy Chandler-Henry be and are hereby appointed Eagle County's representatives and Jillian H.Ryan be and is hereby appointed as alternate member to the Berry Creek/Miller Ranch Design Review Committee. THAT,Jon Stavney be and is hereby appointed Eagle County's representative to the Colorado River Water Conservation District. THAT,Keith P.Montag be and is hereby appointed the Eagle County Manager, in accordance with Section 30-11-107, C.R.S. THAT, Keith P.Montag or his designee be and is hereby appointed the Eagle County Budget Officer, in accordance with Section 30-11-107,C.R.S. and Section 29-1-104, C.R.S.. THAT,Bryan R.Treu be and is hereby appointed the Eagle County Attorney,in accordance with Section 30-11-118, C.R.S. THAT,Bryan R.Treu be and is hereby appointed the Eagle County Civil Rights Officer. 4 01/28/2014 THAT,Bryan R.Treu be and is hereby appointed Eagle County's representative to the Community Corrections Board for the Fifth Judicial District and Christina Hooper is appointed alternate representative. THAT, Gordon Adams be and is hereby appointed the Eagle County Road and Bridge Supervisor for all roads constituting the County roadway system, in accordance with Section 43-2-111, C.R.S. THAT,Rachel Oys be and is hereby appointed Eagle County Director of Social Services,in accordance with Sections 26-1-115 and 26-1-117(1), C.R.S. THAT,Jennifer Ludwig be and is hereby appointed Eagle County Director of Public Health, in accordance with Section 25-1-508(5)(c)(1), C.R.S. THAT,Rita Woods be and is hereby appointed Secretary to the Eagle County Board of Social Services, in accordance with Section 25.5-1-117(1), C.R.S. THAT,Jennifer Ludwig be and is hereby appointed Secretary to the Eagle County Board of Health,in accordance with Section 26-1-117(1), C.R.S. THAT, Kent Petrie,M.D.be and is hereby appointed the Eagle County Health Officer,in accordance with Section 25-1-508 (5)(c)(1), et seq., C.R.S. THAT, Caroline Murphy be and is hereby appointed Eagle County's representative member to the Board of Directors of the Northwest Colorado Options for Long Term Care. THAT,Kathy Chandler-Henry be and is hereby appointed Eagle County's representative member and Jillian H.Ryan be and is hereby appointed as alternate member to the Rural Resort Workforce Investment Board. THAT,Barry Smith be and is hereby appointed Eagle County Emergency Management Director. THAT,the appointments herein, shall be for fiscal year 2014 and continue until further order of the Board. THAT,the Board acknowledges that it has established various administrative departments and designated directors thereof deemed necessary by the Board for the efficient management of the business and concerns of the Eagle County government; however,the Board finds,determines and declares that the normal appointment of such department directors, including those set forth herein under the direct supervision of the County Manager, may be replaced by the County Manager at any time he or she deems appropriate pursuant the authority granted to the County Manager by this Board. No appointment herein shall be deemed an employment term or any other type of employment contract. THAT,the County Treasurer of Eagle County be, and hereby is, authorized and approved to deposit all funds and monies of whatever kind that come into the Treasurer's possession by virtue of the office in his/her name as such Treasurer in any legal depository as designated by the current Eagle County Investment Policy adopted by Resolution No. 98-02 and any amendment thereto subsequently adopted by the Eagle County Board of Commissioners. 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 Chandler-Henry moved to adopt the Annual Appointments Resolution. Chairman Pro-Tem Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 5 01/28/2014 Planning Files 9. VIS-4434 Ute Forest Subdivision Variance Taylor Ryan,Engineering Ken and Dagmar Huber; Sean and Jinger Cozzens, Applicants Action: The purpose of this Variance from Improvement Standards is to allow construction of residences on two lots in Ute Forest served by Ute Forest Road which does not meet county standards. Location: West Squaw Creek, Edwards area TITLE: Ute Forest Subdivision Variance FILE NO.: VIS-4434,Variance from Improvement Standards RELATED FILE NOS.: RES-2-13-8607—Huber Residence LOCATION: West Squaw Creek,Edwards, CO OWNER: Ken and Dagmar Huber; Sean and Jinger Cozzens APPLICANT: Ken and Dagmar Huber; Sean and Jinger Cozzens REPRESENTATIVE: Jinger Cozzens&Ken Huber STAFF CONTACT: Taylor Ryan,Engineering Department 1) PROJECT DESCRIPTION A. SUMMARY: Ute Forest is a legally conforming subdivision created outside of the County prevue consisting of nine, 35- acre parcels located at the end of West Squaw Creek Road. The legal name is Ute Forest at West Squaw Creek on the plat filed with the Clerk and Recorder in 1989. Since then,residences have been constructed on six of the nine properties(most recently in 2001). In February of 2013, a building permit was submitted for a new residence on Lot C3. During the review of that permit,we determined that the roads accessing the property did not meet county standards, and those roads were never approved by the County. Ute Forest is located at the end of West Squaw Creek Road. From there,Ute Forest Road is the main access road that begins with a series of switchbacks to access the neighborhood and directly serves 6 of the 9 properties. There is one additional internal spur road, Chipeta Way,which serves the remaining 3 properties. Ken and Dagmar Huber and Ginger and Sean Cozzens(Applicants) each own a property in Ute Forest and both desire to construct a single-family residence on their property. Section 4-620.J.9.c(4)of the Eagle County Land Use Regulations requires 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)and Road Improvement Standards (ECLUR 4- 620.J). The Standards for a Variance from Improvement Standards are found in ECLUR 5-270.G.2: In determining whether to approve, approve with conditions, or disapprove the application for Variance to 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 said Variance, the Board of County Commissioners may impose such conditions that are necessary to ensure compliance with the terms of this Subsection, these Regulations, and the Comprehensive Plan. 6 01/28/2014 B. CHRONOLOGY: August 2, 1989 Ute Forest Corrected Plat filed with Clerk and Recorder 2001 Last house constructed in Ute Forest September 26,2012 Ken and Dagmar Huber purchase Lot C3 March 26,2013 Ken Huber notified that a variance is required prior to approval of building permit for a new single family residence on Lot C3 July 10,2013 Discussion with Jinger Cozzens regarding the need for a variance prior to constructing in Ute Forest _ July 30,2013 Sean and Jinger Cozzens purchase Lot Al August 5,2013 VIS Application submitted by Ken and Dagmar Huber October 14,2013 The Cozzens become co-applicants with the Hubers August 9,2013 Application deemed insufficient,additional information requested November 18,2013 Application sufficient and sent out for referral December 14,2013 Applicant responds to referral comments,hearing scheduled C. SITE DATA: Surrounding Land Uses/Zoning: East: Private Property(Resource and Resource Limited zoned) _ West: Private Property(Resource zoned) _ North: BLM _ South: Private Property(Resource and PUD zoned) Existing Zoning: Resource _ Proposed Zoning: Resource Proposed No.of Dwelling Units: 2 single family residences _ Total Area: 70.2 acres _ Water: Well Sewer: Individual Septic _ Access: West Squaw Creek Road _ 2. STAFF REPORT A. REFERRAL RESPONSES The referral notice was distributed on November 18, 2013 and Adjacent Property Owners Letters were distributed on January 3, 2014. The following section references all responses to Eagle County prior to the date of this writing: Eagle County Engineering Department—Please refer to attached Review of Road Evaluation Report dated July 24,2013. This letter identified the items for which variances are required. Eagle County Wildfire Mitigation Department—Provided referral response letter on December 11, 2013, and updated that letter with following discussion with Cordillera on January 13,2014(attached). Eric Lovgren identifies additional mitigation measures for wildfire protection. Eagle River Fire Protection District—Please refer to attached referral response letter dated December 12, 2013. The Fire District explains that they will always respond when needed in Ute Forest,but their response may be delayed because of the quality of the roads. Eagle County Paramedic Services—Please refer to attached referral response letter dated December 20, 2013. The Paramedic Services will also always respond when called,but they may be delayed in arriving in Ute Forest due to weather or the road conditions. Tim Scully,Ute Forest HOA President—See attached response e-mails dated November 14, 2013, supporting the variance for these two lots, and dated December 16,2013, supporting the recommendations 7 01/28/2014 agreed to by the Applicants although anything required by the HOA will be presented at the spring meeting • for a vote. Diana Donovan—Please refer to attached letter in response to dual access inquiry dated December 12, 2013. They will not grant any legal access across their property. Anger Cozzens—Please refer to attached letter in response to referral recommendations dated December 14,2013. In this letter,the Applicants summarize the referral suggestions and explain if and how they will implement the suggestions. 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 Applicants are proposing 2 single-family residences in addition to the existing 6 single-family residences and 2 accessory-dwelling units currently in Ute Forest. Outside of this request,there is the potential for 1 additional single-family residence, and 7 additional accessory dwelling units. 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 and 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. Currently there is no secondary route for ingress/egress to Ute Forest. This has been identified as deficiency in the existing access to the neighborhood to be addressed. Dual Access was also identified as a concern by the County Wildfire Mitigation Manager,Eric Lovgren, and is a recommendation of the Eagle River Fire Protection District's Community Wildfire Protection Plan. Any route for dual access to Ute Forest will require approval from the adjacent property owners,and the applicants have reached out to the adjacent property owners without success. We received a letter from the property owner to the east of the Huber's lot stating that they will not provide a secondary access route. Attempts to contact the owners of Diamond Star Ranch to the west of Ute Forest have not been successful. We requested that the applicants and the HOA continue to work on getting a secondary access through Diamond Star Ranch,but this is not included as a condition of this application. Cordillera has an access and utility easement that connects to the end of West Squaw Creek Road, and Eric Lovgren has contacted them about allowing the residents of Ute Forest to use that route as a secondary access from West Squaw Creek Road. As of this writing,both Cordillera and Ute Forest are agreeable to this idea,but there is not yet a written agreement. 8 01/28/2014 Additionally,the applicants have agreed to work with the Eagle County Wildfire Mitigation Manager to perform fuel reduction work along the access roads, employ wildfire mitigation strategies for new construction which will be performed on a case by case basis during the building permit process, and to install reflective addressing at the entrance to their driveways. This work would be completed prior to the issuance of a certificate of occupancy for either property. 2.Road Design Standards.ECLUR Section 4-620: For this review,we determined that the County Road Standard for a Rural Minor Collect type VI(RMC VI) is applicable. Below is a table comparing the existing road conditions provided by the Applicants with the geometric dimensions defined by the ECLUR Improvement Standards. Road Standards Comparison for Ute Forest Standard Existing RMC VI Minimum Road Width 12 ft; 2—9 ft lanes= Average 16 ft 18 ft total Shoulder Width Varies 2 ft Maximum Grade 16%-20% 10% Minimum Switchback Radius 35 ft 60 ft Max Grade through 6%- 12% 6% Switchback Structural Section 6 in+/-ABC 6 in ABC Center of Road to Face of 6-8 ft 12 ft Guardrail Structure Clear Width from 6-8 ft 10 ft Center In order to proceed with their desire to construct new residences,the applicants are not proposing any changes to the current geometry of the Ute Forest roads and are requesting Variances for the road width, shoulder width,maximum grade, switchback radius,maximum grade through the switchbacks,distance from the center of the road to the guardrail, and the distance from the center of the road to any structures. During the review and referral there were a number of mitigations suggested to improve the existing conditions, and the applicants response letter outlines the items they have agreed to implement. The items they have agreed to install include additional signage such as"No Parking/Fire Lane","No Passing"for narrow road sections, and signs informing road users of the distance to the next turn around and creating turn-arounds on their properties. The remainder of the suggestions requires the approval of the HOA, and those items are year-round maintenance of the roads,maintenance of the roadside drainage and culverts, inspection and maintenance of the guardrail, and keeping all snow storage off of the roadway. The applicants have agreed to work with the HOA to implement these processes,but it will require approval by the HOA at their next meeting(spring of 2014). 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: 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 9 01/28/2014 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. Dual Access In order to acquire dual access,the Applicants must get agreement from adjacent property owners to grant access the adjacent property. So far, only the discussions with Cordillera Public Safety have progressed toward that end. The Donovan's provided a letter stating they would not grant access, and there has been no response from Diamond Star Ranch although the Ute Forest neighborhood will continue their attempts to reach Diamond Star Ranch. One of the concerns related to dual access is the ability to access this area to fight a fire, and to that end,the applicants are willing to perform fuel reduction work along the access roads in Ute Forest, and they will also implement the wildfire mitigation strategies identified during the building process. Road Design Standards The access roads have served this neighborhood since it was constructed in 1989, and the current residents and HOA do not want to make substantial changes to the roads. According to the emergency service providers,they will serve and attempt to access these properties,but they may not be able to provide a timely response in less than ideal conditions. Considering that information,the Applicants have not suggested any work to remedy the sub-standard geometry of the road,but they have agreed to provide additional signage to inform road users of the sub-standard aspects of the road. The Applicants will also work with the HOA to continue and improve the maintenance program for the Ute Forest Roadways. It is the opinion of the Engineering Department that, if the BoCC finds that a Variance from Improvement Standards is justified due to hardship,the sub-standard geometric features of the existing road can serve the 9-lot subdivision. 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.) 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 10 01/28/2014 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 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. Ryan presented the request. He presented a letter received today indicating that the Cordillera Club approved of the proposed emergency access from West Squaw Creek Road into Cordillera. Sean & Ginger Cozzens, owners of Lot A-1 and Ken & Dagmar Huber, owners of Lot C-3 were present. The Ute Forest was divided into 9 lots in 1989 and the access roads were constructed at that time. Six of the nine properties had residences constructed, including 2 with ADUs. The applicant was requesting a variance for dual access and road improvement standards for two of the properties, not the entire neighborhood. He explained the standards for a variance from Improvement Standards found in the Eagle County Land Use Regulations. The board must 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. He presented the 3 options for dual access; which included access through Donovan property, access through Diamond Star, and access from west Squaw Creek Road into Cordillera. He indicated that although Cordillera would allow the residents to access the property via Squaw Creek Road, it did not meet the standard but was helpful. The biggest concern was the series of switchbacks on Ute Forest Road. He showed pictures of the existing road. The shoulder widths varied and the road grades were steep in some areas. There were no substantial road improvements proposed. The applicants agreed to post signage warning of no parking, not passing, etc. Driveway connections would be designed and constructed such that the connections could function as turnarounds for motorists and emergency vehicles. He reviewed the referral responses. The applicants agreed to work with the County Wildfire Mitigation Manager to preform fuel reduction work along the access road. Eric Lovgren stated that he'd worked with the applicant. The area rated high and was conducive to wildfire. He believed there was a potential to create a safe escape route. Per the fire regulations and building permit level there was a way to create defensible space around each of the homes and fire resistant construction. He proposed conditions related to fuel reduction in the area and possible funding through potential grant mechanisms and other opportunities. The Cordillera option was reasonable. Commissioner Chandler-Henry asked about the fuel load in the area. Mr. Lovgren stated that there were dense aspens,berry brush,dense gamble oak,tall grass and sage. Commissioner Ryan wondered if there was an option to create a shelter in place. Mr. Lovgren believed that the property owners would be gone in advance of a large fire. Commissioner Chandler-Henry asked Mr. Lovgren if he agreed with the proposed conditions. Mr. Lovgren stated that he crafted them. Mr. Ryan presented the board's options and read the proposed conditions. Ms. Ayres-Oliver reiterated that the board could not consider the impact of the proposed homes, only the impacts of the variance. Ms. Huber stressed that the variance was for the Huber and Cozzens residents only. She wondered if Chairman Fisher vote was required for an approval. 11 01/28/2014 Ms. Ayres-Oliver stated that two was a quorum and all that was required for a vote. Dagmar Huber explained the reason for living in the area and reason for the request. They believed they did everything right. They were unaware of any problems. They were in full support of the fire mitigation and a continuing process. They hoped to obtain some grant funding for wildfire fuel mitigation work. They worked diligently to get dual access but it would have been costly. They would comply with all zoning requirements. The road standards made more sense in a new construction scenario. They would like to improve the road and surrounding area but wished to maintain the rural character of the area. The process had been long and a financial strain. They believed that the lengthy and expensive process made it difficult for the average Eagle County citizen to build in the county. They received letters of support from the fire department and paramedic department. Ken Huber stated that he supported Ms. Huber's statements. He spoke about the multiple meetings with the county and that there was nothing mentioned about the need for a road variance until many months into the process. He believed it had been a long drawn out process. Sean Cozzens stated the he and his wife purchased their property in July of 2013. The hurdle was large but they were working through the process. This was their dream and they had no desire to put themselves or their children in harm's way. They would make all efforts to take the advice and comply with any of the requirements. They hoped to start with a small modest home and build a larger home later. He wondered if he would have to go through this process a second time. Mr. Ryan believed that any residenceswould require a variance if the roads did not meet the standards. Ms. Ayres-Oliver stated that the board was considering the variances for 2 properties. It was not a blanket variance for the subdivision. Commissioner Ryan committed to looking into the question. Commissioner Chandler-Henry appreciated the comments made by the applicant with regards to the process. Perhaps that process could be considered because it was not the intent of the county to burden the citizens. She spoke about a letter received from the Eagle County Ambulance District and wondered whether there had been follow-up regarding any specific concerns. Mr. Cozzens stated that the letter was the last thing he received. Commissioner Chandler-Henry asked about ongoing maintenance with the road. Ms.Huber stated that a maintenance agreement plan had been submitted. Tim Scully, Ute Forest HOA president stated they had a maintenance agreement for years. The road had been improved by thousands of dollars a year. The maintenance was up to specifications. Mr. Ryan stated that the reason the other homeowners were not requesting a variance was because they built before the requirements were in place. The HOA was not interested in being a party to this request. Ms. Ayres-Oliver stated that the subdivision was platted in 1989 and were 35 acre lots which did not go through the county review process because they were exempt. She asked Bob Narracci to clarify whether a lot owner could build a smaller home now and in 5 or 6 years build a larger home. Mr. Narracci believed the variance ran with the land indefinitely and they would be entitled to all of the uses by right. Commissioner Chandler-Henry asked about traffic count study on West Squaw Creek Road. Mr. Ryan stated that the numbers reflected every vehicle that was going in and out of West Squaw Creek Road. He spoke about the conditions and suggested adding an additional condition related to the requirement for road signage. Staff would work with the applicant on the signage. Commissioner Chandler-Henry spoke about condition number 2 and requested that there be an official. agreement between the Metro District and the property owners. She also requested a letter from the HOA to clarify condition 6. Tim Scully, Ute Forest HOA president spoke. He supported the applicant's request. If the HOA needed to do anything to support the process,they would. Steven Meyers, Ute Forest resident spoke about the road improvements. He'd been a resident of the neighborhood for 18 years. They have cleared timber, have graveled the road, installed guard rails and continue to keep the road well graded. They were committed to safety. Mr. Lovgren stated that Eagle County Staff was here to work with people in the community and not burden them. Diana Donovan believed the regulation was good for an urban development but made no sense for a 35 acre parcel in the mountains at the end of a road. There needed to be a common sense solution, not ask applicants to spend thousands and thousands of dollars to go through a process where there were no solutions. The government should serve the people. The regulation needed to be amended and should not apply to 30 year old 12 01/28/2014 developments. It seemed like harassment. She supported granting the variance with no conditions because most of the conditions applied to the HOA. Kirk Akre, Edwards resident spoke. He believed the applicants created their own hardship. There was a house already sitting on one of the lots without a building permit. Commissioner Ryan asked the applicant if they were comfortable with the proposed conditions. The applicants indicated that they were comfortable with them as written. Commissioner Chandler-Henry recommended changing condition number 2 to require a formal statement from Cordillera Metro District. She wondered if an agreement should also be required by the HOA for guardrail inspections. Ms. Ayres-Oliver believed that it would be helpful to have an agreement from the HOA. The I-10A was asked to be involved but declined. Commissioner Chandler-Henry asked if staff was aware of any structures on the two lots. Mr. Narracci stated that the only structure that he was aware of was the barn that Mr. Huber constructed last summer. The structure did not require a permit as agricultural structures were exempt from permitting. Ms.Huber believed the current land use resolution had not been enforced. Ms.Ayres-Oliver stated that the Land Use Regulations had been in place since 1999 and in 2009 the county took a slightly stronger stance on the regulations. The 2009 resolution did not change anything. There were variance provisions built in for a reason. Mr. Lovgren stated that the resolution was passed in 2009 after a wildfire in Fryingpan trapped 29 homeowners. Commissioner Chandler-Henry appreciated everyone's input and the applicant's efforts. She believed it was not feasible to comply with the regulations. She believed there were reasonable mitigation measures in place regarding wildfire and emergency services. This was a common sense solution and this sort of situation was exactly what the variance process was meant for. Commissioner Ryan concurred with Co � Quer,' andler-Henry. This was what the variance process 2tz, was for The board relied on the professionals and ebeved fl e standards had been met. t '- .. SUGGESTED CONDITIONS OF APPR I "4-i G' � 4 The following suggested motion and conditions of approval are provided for the BoCC should they decide to make such a motion: 1. Except as otherwise modified by this Variance approval, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The applicants will work with Cordillera Public Safety to develop an agreement to use Emma's Way and Graham Road for emergency ingress/egress during fire-season. This agreement must be executed prior to issuance of a Certificate of Occupancy. If an agreement cannot be reached,the applicants must submit,to the County,documentation to illustrate why agreement could not be reached to the County. 3. The applicants must work with the Eagle County Wildfire Mitigation Manager to conduct wildland fuel reduction work along the access roads in Ute Forest. This work must be completed or in process to the satisfaction of the Wildfire Mitigation Manager prior to issuance of a Certificate of Occupancy for either property. 4. Wildfire mitigation strategies associated with new construction shall be implemented in accordance with the Eagle County Wildfire Regulations and Building Resolution. This will be addressed during the building permit process. 5. The Applicants will propose a signage plan that is satisfactory to the Eagle County Engineering Department as agreed to in items 1,2, and 5 in the letter from Jinger Cozzens dated December 14,2013. This signage plan shall be implemented prior to approval of any Certificate of Occupancy for construction on either property. 6. The Applicants are responsible for working with the HOA to inspect and maintain the roads,roadside drainage,culverts,and guardrails. The guardrails shall be maintained in accordance with CDOT Standards. 7. The Applicants shall construct turn-arounds at the driveway connection on the Cozzen's property and on the Huber's property at the end of Chipeta Way that are satisfactory to the Eagle River Fire Protect ion District. The turnarounds will be reviewed during the Building Permit process and constructed prior to 13 01/28/2014 issuance of any Certificate of Occupancy. Commissioner Chandler-Henry moved to approve File VIS-4434; Variance to Improvement Standards for Dual Access and Road Improvement Standards with the following conditions: Chairman Pro-Tem Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. There being no further business before th, . ••a -etng was a•turned until Feb ary 014. U.V.- 4 Attest: 1 .0111P Clerk to the Board Cha an NJ 14 01/28/2014