HomeMy WebLinkAboutMinutes 07/28/15 PUBLIC HEARING July 28, 2015 Present: Kathy Chandler-Henry Chairman Jeanne McQueeney Commissioner Jillian Ryan Commissioner Brent McFall County Manager Bryan Treu County Attorney 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: Commissioner Updates Commissioner Ryan reported on the Vail Valley Partnership Business Forum. They discussed affordable housing,transit oriented development, the airport and broadband. The representation from the towns and metro districts was good. The overall theme was partnerships. Commissioner McQueeney recently attended a meeting about the Colorado water plan. The feeling was that the community and citizens had not weighed in enough. She encouraged everyone to read the plan and offer comments. Chairman Chandler-Henry thanked everyone that participated in the Habitat for Humanity Blitz Build and the Eagle County Fair and Rodeo. Both were successful events. Consent Agenda Chairman Chandler-Henry stated the first item before the Board was the Consent Agenda as follows: 1. Resolution 2015-063 Concerning Appointments to the Eagle County Planning Commission Scot Hunn,Planning 2. Resolution 2015-064 Concerning Appointments to the Roaring Fork Valley Regional Planning Commission Scot Hunn,Planning 3. Resolution 2015-065 Concerning Appointments to the Eagle County Zoning Board of Adjustment Scot Hunn,Planning 4. Final Settlement of Contract between Eagle County and Elam Construction, Inc. for the Removal and Reconstruction of the North Parking Lot at the Justice Center Taylor Ryan, Engineering 5. Final Settlement of Contract between Eagle County and Elam Construction, Inc. for the Freedom Park Main Parking Lot Paving Project Taylor Ryan, Engineering 6. Easement Agreement between Eagle County and Blue Lake Owners'Association for Bike Path Improvements within Eagle County's Right-of-Way on JW Drive Mike Horvath,Engineering 1 07/28/2015 7. Agreement between Eagle County and Genfare, a Division of SPX Corporation, for Purchase and Installation of the Farebox Vault at the I-70 Avon Operations Facility Lance Trujillo, ECO Transit Commissioner Ryan moved to approve the Consent Agenda for July 28, 2015, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Chandler-Henry opened citizen input. Barbra Allen spoke. She lives in Avon and owns property in Edwards. She recently became aware of another marijuana shop in Edwards. As she understood it,the license was available until July 31 but the applicant was having difficulty finding a location. She expressed concern with any marijuana stores opening in the Edwards area due to the number of schools, churches, family households and traffic. She pleaded with the board to do whatever they could to keep those types of stores out of the Edward's area. Chairman Chandler-Henry closed citizen input. Business Items 8. Agreement between Eagle County and Active Energies, LLC for Construction of a 14-kw Solar Photovoltaic Project at the ECO Transit Bus Barn Adam Palmer, Environmental Health and Sustainability Mr. Palmer introduced Jason Weingast and Megan Gilman from Active Energies. This was a net zero electric facility located at the bus barn in Leadville. He stated that the system was fairly small and would generate just over 100%of the electricity needs of the facility. They hope to finalize the design by September and have the system completed by middle of November. Chairman Chandler-Henry asked about the Excel rebate. Mr.Weingast stated that the Excel rebate would be paid over time. It was called a production based incentive. The payout was over about 11 years. Commissioner McQueeney stated that the project was budgeted out of the ECO transit budget. Commissioner Ryan was pleased that the county was continuing with solar. Solar was one of the county's main priorities and was cost effective. Commissioner McQueeney moved to approve the agreement between Eagle County and Active Energies, LLC for construction of a 14-kw Solar Photovotaic Project at the ECO Transit Bus Barn. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Board of Equalization. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Board of Equalization 9. Resolution 2015-066 Regarding Petitions to the County Board of Equalization Christina Hooper, Attorney's Office Ms. Treu stated that this was a resolution adopting the hearing officer's recommendation. 2 07/28/2015 Commissioner McQueeney moved to approve the resolution regarding petitions to the County Board of Equalization. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Board of Equalization and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 10. Special Event Permit.-Rink Productions,Inc. APPLICANT: Rink Productions,Inc. REQUEST: Special Event Permit EVENT: Beaver Creek Wine& Spirits Festival DATE OF EVENT: Saturday—August 8, 2015 REPRESENTATIVE: Elizabeth Jones,Event Manager LOCATION: Centennial Park,Beaver Creek Subdivision STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit for an event being held at Centennial Park. The area is located behind the Chophouse Restaurant and is an Optional Premise of the Chophouse. Big Sky Restaurant Company, LLC has granted the applicant permission to use the property in connection with the event. The alcohol security and staff will be coordinated by the Beaver Creek Resort Company. Wine and spirits will be available for purchase. The applicant expects approx. 400 attendees for each event. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on July 17, 2015, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriffs Office per the requirements of the Eagle County Local Liquor Licensing Authority. 5. Staff has had no problems with events hosted by the applicant in the past. DISCUSSION: Ms. Scriver presented the request. Staff had no concerns. Liz Jones stated that this was a foodie event. All of the Beaver Creek restaurants would be represented. There would be wine experts that poured. The area would be decorated like a barn,but very upscale. The event was nearly sold out. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the permits for the Rink Productions Inc. events being held at Centennial Park in Beaver Creek on August 8,2015 from 12 pm to 11 pm. 3 07/28/2015 Commissioner McQueeney 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. 11. Special Event Permit-Rink Productions,Inc. APPLICANT: Rink Productions,Inc. REQUEST: Special Event Permit EVENT: Rendezvous Music Festival DATE OF EVENT: Saturday- September 12, 2015 REPRESENTATIVE: Elizabeth Jones,Event Manager LOCATION: Strawberry Park,Beaver Creek Subdivision STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit for an event being held at Strawberry Park. Strawberry Park is located in the Beaver Creek Subdivision and is an Optional Premise of Osprey Restaurant. Beaver Creek Food Services has granted the applicant permission to use the property in connection with the event. The alcohol security and staff will be coordinated by the Beaver Creek Resort Company. Beer and spirits will be available for purchase. The applicant expects approx. 400 attendees for each event. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on July 17, 2015, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. 5. Staff has had no problems with events hosted by the applicant in the past. DISCUSSION: Ms. Scriver presented the request. Staff had no concerns with the request. Ms. Jones stated that this was a weekend music festival but alcohol would only be served on this day. Commissioner McQueeney moved that the Local Liquor Licensing Authority approve the permits for the Rink Productions Inc. events being held at Strawberry Park in Beaver Creek on September 12,2015 from 10 am to 10 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. 12. Special Event Permit-Roundup River Ranch APPLICANT: Round Up River Ranch REQUEST: Special Event Permit EVENT: A Grateful Harvest 4 07/28/2015 DATE OF EVENT: Saturday-August 15, 2015 REPRESENTATIVE: Katie Santambrogio LOCATION: Round Up River Ranch, 8333 Colorado River Rd. Gypsum STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit for a fundraising event being held at Round Up River Ranch on Saturday August 15th. Due to the remote location, complimentary transportation will be provided to any guests in the Vail Valley. Professional event staff will oversee all the details of the events. The applicant expects approximately 330 attendees. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on July 16, 2015, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. DISCUSSION: Ms. Scriver presented the request. Staff had no concerns with the request. Ms. Santambrogio stated that they partnered with Optimum Events,who would provide all of the food and bar service for the event. The event would be held on the Round Up River Ranch property. There would be complimentary transportation. She updated the board on the ranch's summer activities. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the permit for the Roundup River Ranch event being held at Roundup River Ranch on August 15, 2015 from 3:00 pm to 11:30 pm. Commissioner McQueeney 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 13. Special Event Permit-Eagle River Watershed Council,Inc. APPLICANT: Eagle River Watershed Council,Inc. REQUEST: Special Event Permit EVENT: Ed Fest 2015 DATE OF EVENT: August 14, 15, 16, 2015 REPRESENTATIVE: Holly Loff, Eagle River Watershed Council Kaleigh Armitage, Crazy Mountain Brewery LOCATION: 450 Miller Ranch Road,Freedom Park Soccer Fields-Edwards STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant is working with Crazy Mountain Brewery on the 5th Annual Ed Fest. Ed Fest is a craft beer and music festival held at the WECMRD/Freedom Park Soccer Fields in Edwards. The festival area will be fenced. Lone star security will be stationed in the main bar area and patrolling the festival grounds. The applicant estimates 1,500 attendees daily. 5 07/28/2015 Alcohol will be served: August 14th from 6-8 pm during the VIP Dinner Event August 15th from 3-9:45 pm for the Festival August 16th from 9-11 am for brewer's hangover breakfast STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on July 16, 2015, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. An Events Limited Review Application which allows for mass gatherings over 500 is pending. 5. The applicant has provided an alcohol management plan and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. 6. Proof of server training is pending. DISCUSSION: Ms. Scriver presented the request. Staff had no concerns with the request. Ms. Armitage stated that the event would be held on the field area which was already fenced. There would have about six bartenders. Last year there were no accidents, incidents or DUIs. Kate Burchenal with the Eagle River Watershed Council spoke. They were very excited to partner with Crazy Mountain Brewery on this event. The organization was busy this summer with fundraisers and team building opportunities. Commissioner McQueeney moved that the Local Liquor Licensing Authority approve the request by the Eagle River Watershed Council for three(3)permits in connection with the 2015 Ed Fest event being held at the Freedom Park Soccer Fields in Edwards on August 14& 15,2015 from 12 pm to 11:59 pm and August 16th,2015 from 8:00 a.m. to 12:00 p.m. 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 License Authority and re-convene as the Eagle County Board of County Commissioners Commissioner McQueeney seconded the motion. The vote was declared unanimous. Planning Files 14. AFP-5565—Beaver Creek Subdivision Filing 2,Lot 11,Block 1,Tract J Kris Valdez,Planning Harold Ray Shei Jr. Revocable Trust, Applicant Action: The purpose of this Amended Final Plat is to reconfigure the Building Envelope on Lot Location: 154 Wayne Creek Road, Beaver Creek Area 6 07/28/2015 TITLE: Amended Final Plat—Beaver Creek Subdivision, Filing No. 2, Lot 11,Block 1, Tract J FILE NO./PROCESS: AFP-5565 /Amended Final Plat LOCATION: 154 Wayne Creek Drive OWNERS: Harold Ray Shei Jr. APPLICANT: Same REPRESENTATIVE: Same STAFF PLANNER: Kris Valdez,MURP, AICP RECOMMENDATION: Approval I. SUMMARY: The intent of this Amended Final Plat is to amend the platted building envelope and, specifically, to allow for the addition of a garage on the property. Similar to previously approved building envelope amendments in the Beaver Creek subdivision, the Applicant proposes to maintain the overall size of the envelope by re-allocating unused square footage from one area of the envelope,to the area proposed for a garage. The existing residence, constructed in 2000, includes a garage bay and deck that was approved to extend outside of the platted building envelope; such encroachments of non-habitable space outside of building envelopes are permitted with Beaver Creek Design Review Board (DRB) approval. However, the Applicant proposes I build a freestanding garage which requires a building envelope amendment. This request has been reviewed but not yet approved by the DRB. DRB approval is contingent upon successful completion of the County's Amended Final Plat process. And, pursuant to the Planned Unit Development Guide for Beaver Creek Resort, although the Applicant has provided evidence of support for the proposal from adjacent property owners, this plat must be considered during a public hearing due to the fact that written letters of approval from each adjacent property owner have not been received. A sign has been posted near the front of the property (visible from Wayne Creek Drive), and mailed notice of the proposal and hearing date has been sent to each adjacent property owner of record. In response to public notification, staff received no inquiries from the adjacent property owners. Staff Findings and Recommendation Staff believes the proposed amendment is in keeping with 1) the intent of the original final plat, 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 proposed amendment will not adversely affect any neighboring property. Final Plat Consistency. Staff has reviewed the original Final Plat for Filing No. 2, Beaver Creek Subdivision, and finds that the proposed amendment is consistent with the intent of the original plat. 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 7 07/28/2015 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: Lot 9,Filing No. 2/PUD West: Wayne Creek Drive R.O.W/PUD North: Wayne Creek Drive R.O.W/PUD and Lot 6, Filing No. 2/PUD and Lot 5, Filing No. 2/PUD South: Lot 15,Filing No. 4/PUD Existing Zoning: PUD Total Area: .656 Acres Water: Public Sewer: Public Access: Wayne Creek Drive III. STAFF FINDINGS AND RECOMMENDATION: 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. DISCUSSION: Ms. Valdez presented the request. Staff was unable to get sign-off from all the neighbors so the application could not go on the consent agenda. The applicant wished to amend the platted building envelope allowing them to build a new garage on the property. Staff provided a suggested motion and recommended approval of the project. The Beaver Creek Design Review Board had been contacted twice in regards to this application and staff had not received any comments. Commissioner Ryan moved that the Eagle County Board of County Commissioners approve the Amended Final Plat for Filing No. 2, Lot 11, Block 1, Tract J (Eagle County File No. AFP-5565), as presented, based on its conformance with applicable standards and based on a review of staff findings. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Mr. Treu stated that staff received an email from the Eagle River Meadows applicant withdrawing their request for an extension. There was no action needed by the board. The PUD sketch plan would expire. 8 07/28/2015 Mr. Hunn stated that the sketch plan expired in February and as with all extension requests the applicant was required to submit a letter requesting an extension 30 days before that date. The applicant has now chosen to let the sketch plan expire and go back to the drawing board. Planning File 15. PR-5295 Eagle River Meadows Extension Scot Hunn,Planning Eva Wilson,Engineering Eagle River Meadows, LLC,Applicant/Owner VAG Architects Inc.,Representative Note: Tabled from June 9,2015 Action: The purpose of this application is to request a two-year extension to the PUD Sketch Plan for Eagle River Meadows. Location: NW 1/4, Section 5; Township 5; Ranch 82,Edwards Area Reference: Staff Report in June 9,2015 Meeting Minutes MEMORANDUM To: Eagle County Board of Commissioners From: Scot Hunn,Current Planning Manager Date: July 28, 2015 RE: Update-Eagle River Meadows Sketch Plan for PUD Extension Request At their regular meeting of June 9, 2015, the Board of County Commissioners unanimously voted to continue the review of the Extension Request for Eagle River Meadows Sketch Plan for Planned Unit Develop application based on the Applicant's request for additional time to address the Board's concerns. Prior to their action to continue the review of the request, the Board discussed the merits of the proposed extension request, expressing general concern regarding the lack of information provided related to criteria, or findings, that the Board must consider when granting any extension. Specifically, the Board indicated that little information or testimony was provided as to whether there exists "a reasonable likelihood the next step in the development application will be submitted in the next two (2)years." The Applicant was directed to provide additional information for further consideration by the Board and no time frame was placed on the continuance of the hearing (no `date certain' was chosen at the time of tabling as this request required no public notification). However, the Applicant has failed to provide such additional information despite repeated attempts by staff to coordinate a response prior to meeting with the Board. There being no further business (k.. � ard,the meeting w. adjourned until August 4 ' 015.. / 'Attest: . S I k o i j Lf�( Clerk to e Board 04A00 Chairma 1,1v i• 9 07/28/2015