HomeMy WebLinkAboutMinutes 12/15/15 PUBLIC HEARING
December 15, 2015
• Present: Kathy Chandler-Henry Chairman
Jeanne McQueeney Commissioner
Jillian Ryan Commissioner
Brent McFall County Manager
Beth Ayres-Oliver Assistant County Attorney
Teak Simonton 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
Chairman Chandler—Henry thanked the snow plow drivers.
Commissioner Ryan gave a report on Open Enrollment. She met with the Director of Regulatory Affairs
and believed that there may be a path forward to expand the insurance rating area into areas that had lower costs.
The board was very concerned and looking for opportunities to help.
Commissioner McQueeney gave a shout out to Colorado Gives Day. Eagle County received many
contributions totaling a significant amount towards 42 different local non-profit organizations.
Consent Agenda
1. First Amendment to Agreement between Eagle County and Wylaco Construction Supply Company for
the Purchase of Fairgrounds Stock Panels and Gates
Ron Siebert,Facilities Management
2. First Amendment to Agreement between Eagle County and Mountain Roll-Offs Inc. for Trash and Recycle
Services
Ron Siebert,Facilities Management
3. Agreement between Eagle County and Citadel Security and Investigations,LLC for Eagle County
Combined Courts and Justice Center Security Services
Ron Siebert,Facilities Management
4. Intergovernmental Agreement between Eagle County and the Town of Vail for Animal Control and
Sheltering Services
Daniel Ettinger,Animal Shelter and Services
5. Agreement between Eagle County and Microsoft Corporation for Enterprise Enrollment to License
Windows 10 Desktop Operating System
Scott Lingle, Innovation and Technology
6. First Amendment to Agreement between Eagle County and Carr Pro Rodeo for Rodeo Stock,
Entertainment and Sound Services
• Tanya Dahlseid,Fair and Rodeo
7. Approval of the Minutes of the Board of County Commissioner Meetings for November 10, and November
17, 2015
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Teak Simonton, Clerk and Recorder
8. Colorado Department of Human Services Certification of Compliance County Merit System
Rita Woods, Human Services
•
Commissioner McQueeney moved to approve the Consent Agenda for December 15, 2015, as presented.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Citizen Input
Chairman Chandler-Henry opened and closed citizen input, as there was none.
•
Business Items
Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and
reconvene as the Eagle County Housing and Development Authority.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Eagle County Housing and Development Authority
9. Agreement between Eagle County Housing and Development Authority and Golden Eagle Elderly Housing
Corporation for the Golden Eagle Management Plan
Jill Klosterman,Housing
•
Ms.Klosterman stated that the rates had not changed on any of these renewals. From the ownership
perspective the Golden Eagle has a board that would also approve this. This extended the term and did not change
the rates.
Commissioner Ryan wondered about the time frame for the agreement.
Ms.Klosterman stated she believed it was three years. They would expire on June 30 of 2018.
Chairman Chandler—Henry complimented the property management at the facility.
Commissioner McQueeney moved to approve the agreement between Eagle County Housing and
Development Authority and Golden Eagle Elderly Housing Corporation for the Golden Eagle Management Plan.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
10. Agreement between Lake Creek Village, LLC and Eagle County Housing and Development Authority for
Property Management Services
Jill Klosterman,Housing
Ms.Klosterman explained that the rate had not changed and revenue was expected to be slightly higher in
2016. Taking over the property management had been very effective. They had over 1000 participants in the
community center since it's opening last year.
Commissioner Ryan moved to approve the agreement between Lake Creek Village,LLC and Eagle
County Housing and Development Authority for property management services.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
11. Agreement between Eagle County Housing and Development Authority and Riverview Apartments S
Preservation, LP for Property Management Services
Jill Klosterman,Housing
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Ms.Klosterman stated that the Housing Authority was the general partner and could negotiate this contract.
Commissioner McQueeney moved to approve the agreement between Eagle County Housing and
• Development Authority and Riverview Apartments Preservation, LP for property management services.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
12. Agreement between Eagle County Housing and Development Authority and Seniors on Broadway LP for
Property Management Services
Jill Klosterman,Housing
Commissioner Ryan moved to approve the agreement between Eagle County Housing and Development
Authority and Seniors on Broadway LP for property management services.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
13. 2015 Eagle County Housing and Development Authority Supplemental Request
Jill Klosterman,Housing
Ms.Klosterman explained the request. The amount approved last week for the donation of land for the
Castle Peak Continuum of Care Facility needed formal approval. The amount showed up on the attachment.
Mr. McFall highlighted the fact that the county has had a significant contribution to this project.
Commissioner Ryan moved to approve the 2015 Eagle County Housing and Development Authority
Supplemental Request.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
14. 2016 Eagle County Housing and Development Authority and Related Corporate Budgets
• Jill Klosterman,Housing
Ms.Klosterman presented a PowerPoint slide show to elucidate. The authority made the highest amount of
loans. The revenue showed up through the interest being repaid. They were$50,000 over budget for 2015. They
expected to make$200,000 in new down payment assistance loans.
Ms.Klosterman reviewed the Valley Home Store budget. 31 homes were sold at Miller Ranch,but most
were condominiums with lower purchase costs. They projected a break even situation in 2016.
Chairman Chandler—Henry clarified that the Housing Authority and the Home Store generated sufficient
revenues to pay its staff.
Ms.Klosterman explained that Kim Williams and another employee worked as Real Estate Brokers
through the Home Store, and it was owned by the Housing Authority.
Ms.Klosterman explained that rents at Riverview would go up about 1%however residents would not see
this increase. Rents were based on incomes and Housing and Urban Development picks up the difference.
Operating expenses remained stable. She did not expect any big capital projects in 2016.
Chairman Chandler—Henry asked about vacancies.
Ms.Klosterman indicated they were trying to maintain occupancy and to keep turnover low.Northwest
Council of Governments has put in programmable thermostats and has been a great partner.
Ms.Klosterman presented the Lake Creek budget. There were no rental rate changes projected. They had
previously bundled utility and parking fees in the rent amounts. They have seen a decrease in spending on utilities.
The solar investment has helped. Lake Creek had a number of capital projects including finishing unit renovations;
150 were included,building the ground improvements including the playground,adding insulation to the attic and
finally they hoped to re-side, install new windows and put additional insulation into the walls. HUD was likely to
help. There was a wait list at this complex as well.
Commissioner Ryan commended Ms.Klosterman and her staff for doing such great work with these
complexes and their residents.
• Chairman Chandler—Henry added her compliments as well.
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Commissioner McQueeney moved to approve the 2016 Eagle County Housing and Development
Authority and Related Corporate Budgets.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Commissioner McQueeney thanked Ms.Klosterman for tying her budget to the strategic plan. •
Commissioner Ryan moved to adjourn as the Eagle County Housing and Development Authority and
reconvene as the Eagle County Board of County Commissioners.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Planning File
15. ZS-5807-Beano's Cabin Distributed Antenna System Special Use Permit
Kris Valdez,Planning
Vail Resorts,Applicant
William Otero,Representative
Action: The purpose of this special use permit is to add three antennas under at Beano's
Cabin in Beaver Creek Resort.The antennas are part of the Distributed Antenna System designed to
provide communication services within the resort
Location: Beaver Creek
FILE NO./PROCESS: ZS-5807,Consolidated Special Use Permit
PROJECT NAME: Beano's Cabin DAS Antenna System
LOCATION: Beaver Creek
OWNER: Vail Resorts,Inc.
APPLICANT: Vail Resorts,Inc.
REPRESENTATIVE: William S.Otero
STAFF PLANNER: Kris Valdez,MURP,AICP
STAFF ENGINEER: Richard Davies,PE
REQUEST: The request is for three(3)antennas under the eave at Beano's Cabin in Beaver Creek Resort.
The antennas are part of the Distributed Antenna System(DAS)designed to provide
communication services within Beaver Creek Resort.
According to the Applicant, the communication system is designed to provide for the highest
level of safety,employee,and guest communication to maintain the competitiveness of the resort.
The antenna is a neutral host designed to provide for any carrier wishing to serve Beaver Creek.
The system is unique since it is designed to serve only the resort as part of utility and guest
services.This will not serve the broader area outside of the resort.
The antennas were approved administratively for the 2015 Alpine World Championships with the
stipulation that if the antennas remained after the alpine races, the Applicant was required to •
obtain a Special Use Permit through Eagle County.
During the time the antennas have been in place,staff has not received any complaints.
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POLICY ISSUE: Not Applicable-The policy question is whether or not Eagle County should approval
telecommunications equipment on Beano's Cabin within Beaver Creek Resort
STRATEGIC PLAN Eagle County Protects the Natural Environment,Eagle County Promotes a Diverse and Resilient
GOAL: Economy
RECOMMENDATION: Approve with Conditions
I. EXECUTIVE SUMMARY:
Request and Process
The request is for three (3) antennas under the eave at Beano's Cabin in Beaver Creek Resort. The antennas are part of the
Distributed Antenna System(DAS)designed to provide communication services within Beaver Creek Resort.
According to the Applicant, the communication system is designed to provide for the highest level of safety, employee, and
guest communication to maintain the competitiveness of the resort. The antenna is a neutral host designed to provide for any
carrier wishing to serve Beaver Creek. The system is unique since it is designed to serve only the resort as part of utility and
guest services.This will not serve the broader area outside of the resort.
The antennas were approved administratively for the 2015 Alpine World Championships with the stipulation that if the
antennas remained after the alpine races, the Applicant was required to obtain a Special Use Permit through Eagle County.
During the time the antennas have been in place,staff has not received any complaints.
Staff is recommending approval,with the standard condition of approval for the Consolidated Special Use Permit.
Process Overview
This is a review of a Consolidated Special Use Permit.The purpose of the Special Use Permit is as follows:
• Section 5-250(p. 5-51)of the ECLURs states:
"Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which
may be determined compatible with the other uses allowed in the zone district based upon individual review of their
location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the
compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set
forth in this Section."
Pursuant to the ECLURs (p. 5-52),the Board of County Commission's role during the review of the Special Use Permit is as
follows:
"After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct
a public hearing on an application for a Special Use Permit. At the public hearing, the Board of County Commissioners
shall consider the application, the relevant support materials, and the public testimony given at the public hearing. After
the close of the public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall
either approve, approve with conditions, or disapprove the application based on the standards in Section 5-250.B,
Standards. A Resolution of the Board of County Commissioners approving such action shall constitute final action by the
County on the application. Finalization of the Resolution must occur within 90 days of the Board of County
Commissioner's vote to approve, approve with conditions or disapprove the Special Use Permit application.
(am.05/08/12)"
Conformance to Special Use Permit Standards
Staff believes the proposal meets, or can meet as conditioned, all applicable standards for a Consolidated Special Use Permit.
Therefore,staff is recommending approval,with conditions.
• Standard Conformance Discussion
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Conformance with the Comprehensive Plan Yes According to the Section 3.3.6.m,without adequate
amenities such as high speed internet service,
The proposed Special Use shall be in substantial economic development can be hindered.This new
conformance with the Eagle County Comprehensive system will expand the telecommunications service
Plan,Area Community Plans and any applicable capability of Beaver Creek Resort a major tourist
ancillary County adopted documents pertaining to destination and economic driver in Eagle County.
natural resource protection,affordable housing,or
infrastructure management. (am 11/08/05)
(am.05/08/12)
Compatibility Yes The DAS system has been installed under the eaves of
the existing Beano's Cabin structure since the 2015
The Special Use is generally compatible with the Alpine Ski Races. Staff has not received any
existing and currently permissible future uses of complaints in regards to the installation and the
adjacent land and other substantially impacted land, impact of the DAS system to date. Staff believes the
services,or infrastructure improvements. impact is minor in nature and is compatible with the
(am.05/08/12) existing use and surrounding properties.
Standard Conformance Discussion
Zone District Standards Yes Since the DAS system is installed as part of the
existing structure and incorporated into the eaves of
The proposed Special Use shall comply with the the building,all Zone District Standards have been
standards of the zone district in which it is located met.
and any standards applicable to the particular use,as
identified in Section 3-310,Review Standards
Applicable to Particular Residential,Agricultural •
and Resource Uses and Section 3-330,Review
Standards Applicable to Particular Commercial and
Industrial Uses.
Design Minimizes Adverse Impact Yes The DAS system is installed under the eaves of the
Beano's Cabin and painted to match the structure.
The design of the proposed Special Use shall Staff believes this low impact installation minimizes
reasonably avoid adverse impacts,including visual any adverse impact from the project.
impacts of the proposed use on adjacent lands
including trash,traffic,service delivery,parking and
loading,odors,noise,glare,and vibration,or
otherwise create a nuisance. (am.05/08/12)
Design Minimizes Environmental Impact Yes Once again,since the DAS system is installed as part
of the existing structure and incorporated into the
The proposed Special Use shall minimize eaves of the building the design minimizes
environmental impacts and shall not cause environmental impact.
significant deterioration of water and air resources,
wildlife habitat,scenic resources,and other natural
resources.
•
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Impact on Public Facilities Yes The project is adequately served by public facilities
since it is installed as part of the existing structure.No
The proposed Special Use shall be adequately served new impacts on public facilities are being created by
• by public facilities and services,including roads, the DAS system.
pedestrian paths,potable water and wastewater
facilities,parks,schools,police and fire protection,
and emergency medical services.
Standard Conformance Discussion
Site Development Standards Yes Since the DAS system is installed as part of the
existing structure and incorporated into the eaves of
The proposed Special Use shall comply with the the building,all Site Development Standards have
' appropriate standards in Article 4, Site Development been met.
Standards.
Other Provisions Not Not Applicable
Applicable
The proposed Special Use shall comply with all
standards imposed on it by all other applicable
provisions of these Land Use Regulations for use,
layout,and general development characteristics.
II. BACKGROUND:
• While the use of H.E.S. #274 has changed over the years, the legal boundaries of the parcel remain unchanged from the
original filing.The following summarizes the ownership and use over nearly 100 years.
Frank Bienkowski, or "Beano", staked out a homestead in a remote meadow that years later would become part of Beaver
Creek Resort.The Beano's homestead was filed in 1915 as H.E.S. #274 and homesteaded by Beano in 1919.Beano was one of
the valley's original homesteaders, who, among other things, grew lettuce in a patch near the original Beano's Cabin, the
remains of which can be seen just steps down the hill from where the restaurant sits today.
An inscription tacked onto the old logs reads: "This homestead cabin was built in 1919 by Frank Bienkowski, known to his
neighbors as `Beano"who had come west from Chicago to do some mining and farming. He raised hay and lettuce, traveling
to the store at Avon by wagon, sleigh or snowshoe—a quaint, kindly man who could spin good yarns."He farmed his land and
worked in the mines,an occupation that eventually claimed his life.Beano died young from miner's lung back in the:Midwest.
Beano sold his property in 1931 to rancher E. Willis Nottingham. The property remained in use as part of the ranch until
acquired by Vail Resorts from Nottingham in December 14, 1973. The restaurant with its lodgepole pine frame was built in
Montana in 1985,was disassembled and brought to Beaver Creek a year later.Beano's was opened in 1987.
The current zoning on the property is"Resource."
III. STAFF FINDINGS AND RECOMMENDATION:
Staff is recommending approval of this application,with conditions,based on a fmding that the proposed Consolidated Special
Use Permit,as conditioned,meets or can meet all applicable standards of the Eagle County Land Use Regulations.
Recommendation: Approval,with Conditions
Based upon a thorough analysis of the Consolidated Special Use Permit by County staff and key external agencies, and taking
• into consideration the project's overall conformance with applicable standards, staff is recommending approval of the request,
with conditions.
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Specifically, staff believes that the proposal addresses a preponderance of applicable master plan goals,policies and strategies.
Additionally, staff believes the proposal meets, or can meet (if properly conditioned) all required standards and findings
necessary for the approval of the Consolidated Special Use Permit.
IV. PLANNING COMMISSION RECOMMENDATION •
The Planning Commission unanimously recommended approval of the project on December 2, 2015. There was no public
present to comment and the Planning Commission members had no comments during deliberations.
V. SUGGESTED CONDITIONS OF APPROVAL:
1. Except as otherwise modified by this development permit,all material representations made by the Applicant
in this application and in public meeting shall be adhered to and considered conditions of approval.
VI. SITE DATA:
Future Land Use Map Designation
The property is located within the Ski Resort Designation on the Future Land Use Map. However, this designation does not
coincide with any text for future development direction. According to Cliff Simonton, the Senior Long Range Planner, the
assumption made at the time the Comprehensive Plan was written,that the ski area is operating under the United States Forest
Service Special Use Permit,which provides adequate and appropriate guidance.
Surrounding Land Uses/Zoning:
.rnd tons f Janina.
North: Beaver Creek Ski Resort Resource Preservation
South: Beaver Creek Ski Resort Resource Preservation •
East: Beaver Creek Ski Resort Resource Preservation
West: Beaver Creek Ski Resort Resource Preservation
^, 1.>
pasting Zoning:, Resource
Pr g: ' Resource
cum Deriornentt Seasonal,on mountain restaurant,event and warming center in Beaver Creek Ski Resort
- ond Located at the bottom of the Larkspur bowl in Beaver Creek Ski Resort
t'Cs
s 69.280 t!t�� 3,017,836.8
" '�e
, 69.104 c 99.7%
't 1 S: yr�� qy .! `a z Y , ='i°p�,.•,' ri. # ':.� �r r
Antes~ 69 104 r.a 99.7%
N/A t { ' t N/A
N/A3+ v r N/A
Private seasonal access road/ski lifts
VII. REFERRAL RESPONSES:
Staff received a letter of"no comment"from the following agencies: •
• Eagle County Engineering Department
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• Eagle County Environmental Health Department
• Eagle County Assessor's Office
• Colorado Parks and Wildlife
• Eagle River Fire Protection District-Gail McFarland,Assistant Fire Marshal, sent an email on November 17th,with the
following comments,"In reading thru the document related to the Beano's Cabin DAS Antenna System,I did not see anything
regarding the FCC.
Do we know if this system is required to be registered with the FCC and comply with any FCC rules and regulations? Can we
find out if there are any requirements and if so whether or not these have been met."
Applicant Response: The applicant submitted a letter provided by ATC to AT&T confirming compliance of the facilities at
Vail and Beaver Creek including Beano's (Reference No. 319133). A similar letter was provided to Verizon prior to their use
of the antennas. The carriers required the certification of compliance prior to initiating use of the neutral host antennas
provided by ATC and Vail Resorts. (This letter is an attachment to the staff report.)
Eagle River Fire Protection District stated the letter submitted by the Applicant addressed their concerns.
A referral was sent to the following additional agencies:
1. Natural Resource Conservation Service
2. US Forest Service
3. Holy Cross Electric
4. Town of Avon
VIII. BOARD OF COUNTY COMMISSIONER OPTIONS:
1. Approve [File No. ZC-5807] 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),
2. ^,Deny [File o. ZC-5807] if it is determined that the petition will adversely affect the public health, safety, and
welfare andt4 the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and
uses and theoposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines
of the Eagle' ,ounty Comprehensive Plan(and/or other applicable master plans).
4g: 4d
3. Tabl+ [File No. ZC-5807] if additional information is required to fully evaluate the petition. Give specific
direction to the petitioner and staff.
DISCUSSION:
Ms.Valdez presented a PowerPoint slide show. Beano's Cabin was opened in 1987. The system was
designed to only serve the resort as part of utility and guest services. The antenna could not be seen when one
approached the cabin. This was in conformance with the comprehensive plan. It met zoning standards.
Chairman Chandler—Henry wondered about annual inspection or review requirements.
Ms.Valdez stated that this was not stipulated in the Land Use Code.
Chairman Chandler—Henry opened and closed public comment as there was none.
Commissioner Ryan moved to approve File No. ZC-5807, incorporating staff's findings and staffs
conditions,because the application,as conditioned,meets all of the standards for approval of a Special Use Permit.
The approval of the Special Use Permit will not adversely affect the public health, safety and welfare; the proposed
Special Use Permit is attuned with the immediate adjacent and nearby neighborhood properties;and the proposed
• Special Use Permit is in compliance with the Eagle County Land Use Regulations and the Comprehensive Plan.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
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Landfill Scale House Grand Opening
Work Sessions S
16. Board of Social Services
Jone Bosworth,Human Services
17. West Edwards Transportation and Maintenance Study
Eva Wilson,Engineering
OGLE •
There ,eing no further business befo the Board,the meeting was adjourned until Deg Is
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