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Minutes 03/25/14 PUBLIC HEARING March 25, 2014 Present: Sara Fisher Pro Tern Chairman Kathy Chandler-Henry Commissioner Keith Montag County Manager Rachel Oys Assistant County Manager Bryan Treu County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Jill Ryan Chairman This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Chandler-Henry welcomed the 3rd grade classes from Eagle Valley Elementary School.The students were studying civic engagement and leadership. She was impressed with the questions asked and the thank you letters written by the students. Chairman Fisher asked the students to speak about what they'd learned. She believed that being a good citizen was being aware and caring about people. It was easier to smile than frown. 1. Special Recognition: Eagle Valley Middle School Animal Shelter Donation Rich Molinari,Animal Services Mr.Molinari spoke about a donation received from the Eagle Valley Middle School. The Animal Shelter was awarded$1,231.77. Such an act by such young people was a mature,kind and caring act.The donated funds purchased protective gear for the officers and animal enrichment items for the shelter. Commissioner Chandler-Henry expressed her appreciation. Consent Agenda Chairman Pro-Tem Fisher stated the first item before the Board was the Consent Agenda as follows: 2. Approval of Bill Paying for the Week of March 24, 2014 (Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of Payroll for April 3,2014(Subject to Review by the Finance Director) John Lewis,Finance 4. Intergovernmental Agreement between Eagle County and the Town of Avon for Design, Construction and Project Management of an ECO Transit Bus Shelter at Avon Station Jared Barnes, ECO Transit 5. Fourth Amendment to Agreement between Eagle County and Encore Electric,Inc. for On-call Services Ron Siebert,Facilities Management 6. Resolution 2014-018 Concerning an Assessor Generated Petition for Abatement and Refund of Taxes before the Eagle County Board of Commissioners Mark Chapin,Assessor 1 03/25/2014 7. Assignment of Agreement between Eagle County and Vail Valley Medical Center Diversified Services, DBA Eagle Care Medical Clinic, for Provision of Prenatal Health Care Services Jennie Wahrer,Health&Human Services 8. Grant Recipient Agreement between Eagle County and Mind Springs Health for Emergency Mental Health Services Rachel Oys,Administration 9. Amended Final Plat/Cordillera Subdivision,Filing 27,Lot 55. Application to Amend Current Plat, Reconfiguring Platted Building Envelope to Shape and Location on Lot 55 while Maintaining the Envelope's Current Square Footage(Eagle County File No.AFP-4694) Kris Valdez,Planning Mr. Chapin spoke about item 6;the abatement petition was for the Vail Racquet Club. There was a correction made to the tax roll for 2013. The correct tax should have been$20,140. Jennie Wahrer spoke about the provisions for prenatal health care services and the county's efforts to keep the community healthy. Commissioner Chandler-Henry moved to approve the Consent Agenda for March 25, 2014,as presented. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Pro-Tern Fisher opened public comment. Barbara Allen spoke about public safety on Hwy 6 in Edwards. She believed that people in the community did not want recreational marijuana on Highway 6. She spoke about the number of homeowners that were not eligible to vote. She wondered where people that purchased recreational marijuana would smoke it. She asked that there be no marijuana shops on Highway 6. Chairman Pro-Tem Fisher closed public comment. Planning Files 10. AFP-4670 Beaver Creek Subdivision, Filing No. 5, Tract H, Lot 7 Scot Hunn,Planning Thomas Hsu: Silvretta, Inc.,Applicant Duane Piper: Piper Architects,Representative Action: The intent of this Amended Final Plat is to vacate a small portion of an existing building envelope in one area of the lot, and to expand the existing building envelope in another area by the same square footage to allow for a small addition to and existing residence Location: 316 Borders Road,Beaver Creek TITLE: Amended Final Plat—Beaver Creek Subdivision,Filing No. 5,Tract H, Lot 7 FILE NO./PROCESS: AFP-4670/Amended Final Plat LOCATION: 316 Borders Road OWNERS: Silvretta,Inc. (C/o: Thomas Hsu) APPLICANT: Same 2 03/25/2014 REPRESENTATIVE: Duane Piper,Piper Architects,LTD. STAFF PLANNER: Scot Hunn I. SUMMARY: The intent of this Amended Final Plat is to vacate a small portion of an existing building envelope in one area of the lot, and to expand the existing building envelope in another area by the same square footage to allow for a small addition to an existing residence. This amended final plat has been conditionally approved by the Beaver Creek Design Review Board. However, based on the Planned Unit Development Guide for Beaver Creek, and, specifically, because the Applicant was not successful in gaining written approval for the proposed amendment from each of the surrounding adjacent property owners, the DRB's approval was conditional on the Applicant "requesting" a public hearing is required before the Board of County Commissioners(please see attached letter from the Beaver Creek DRB). Staff believes this addition (please see attached photos and plans submitted by the Applicant showing the existing home, as well as renderings for the addition on the north side of the structure), and the proposed building envelope amendment is in keeping with 1) the intent of the original final plat and building envelope locations for Filing No. 5, and 2)the requirements of the Eagle County Land Use Regulations (ECLURs). Specifically, staff believes the Amended Final Plat meets each of the following, applicable criteria: Adjacent property. Staff believes the addition and proposed building envelope adjustment will not adversely affect any neighboring property. Specifically, the existing building on Lot 7 is approximately seventy (70') feet from the next nearest structure located on Lot 8 (to the North); the proposed addition will reduce this distance by approximately 10 feet. Further, the area between the two homes on Lots 7 and 8 is heavily forested; therefore, staff's contention is that any addition to the residence(in this case, a single-story shed roof element) and associated amendment to the building envelope will not adversely impact Lot 8. Final Plat Consistency. Staff has reviewed the original Final Plat for Filing No. 5, Beaver Creek Subdivision, and finds that the proposed amendment is consistent with the intent of the original plat; specifically, the original building envelope placement is not changed, only reconfigured slightly to allow for a minor addition. Conformance with Final Plat Requirements. The Applicant's surveyor has made all necessary revisions and refinements to the plat document as required by the Eagle County Surveyor, the Eagle County Engineering Department and the Eagle County Planning Department. Furthermore, the plat has been reviewed by the Eagle County Attorney's Office for compliance with legal requirements. The plat, as signed by applicable parties is, therefore, consistent with the intent of the Eagle County Land Use Regulations. II. SITE DATA: Surrounding Land Uses/Zoning: East: Borders Road West: Tract S, Filing No. 5/Open Space Greenbelt North: Lot 8,Filing No. 5 esi ibtitial South: Lot 6,Filing No$/ Residential Existing Zoning: PUD (Single Fa ni1y) Total Area: 1.022 Acres Water: Public -.r Sewer: Public Access: Borders Road III. STAFF FINDINGS: 3 03/25/2014 Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations,policies and guidelines. d. Improvement Agreement, DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. IV. ATTACHMENTS 1. Vicinity Map 2. Copy of Beaver Creek PUD Land Use Map 3. Proposed Amended Final Plat 4. Photos and plans by Applicant's Representative 5. Copy of Beaver Creek DRB Conditional Approval Letter DISCUSSION: Mr.Hunn stated that the request would amend the building envelope which would allow for a very small addition to the existing home. This was similar to other building envelope amendments seen for Beaver Creek over the years. The adjacent property owners were not available to respond so the applicant chose a public hearing. The amendment did not adversely affect any adjacent property owners. It met final plat consistency and the amendment was minor. Chairman Pro-Tem Fisher opened and closed public comment as there was none. Commissioner Chandler-Henry moved to approve the file no. AFP-4670 Beaver Creek Subdivision,Filing No. 5,Tract H,Lot 7 Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. of EA There being no further business before the Boa ,4 i :-z z_was adjourned until A. 1 1,2014. (:::: 14.141. ;2 ♦, 4011. / Attest: �aRAD`_ Clerk to the Board ......" an 4 03/25/2014