HomeMy WebLinkAboutMinutes 05/28/19 PUBLIC HEARING
May 28, 2019
Present: Jeanne McQueeney Chairman
Kathy Chandler-Henry Commissioner
Matt Scherr Commissioner
Jeff Shroll County Manager
Beth Oliver Deputy 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 Chandler-Henry gave a shout out to the Veteran Service Officers, boy scouts and cub scouts
for their work for the Memorial Day Ceremony at Freedom Park.
Commissioner Scherr spoke about the North West Council of Government as well as the Alpine Area
Agency on Aging which held its annual senior award recognition. He recognized Dick and Marsha Serett who were
honored as seniors of the year.
Chairman McQueeney spoke about the graduation for participants in the Family Leadership Training
Institute taking place Monday at 7 pm at CMC. She believed the program was absolutely fabulous for what it was
doing for Eagle County. There were 18 graduates.
County Manager Updates
Jeff Shroll congratulated the Town of Eagle for the opening of the Eagle River Park. He also spoke about
the new roundabout in Gypsum, and the support by the community to encourage drivers to remain calm when
entering the construction zone.
Chairman McQueeney recognized Jeff Shroll for his one year anniversary as Manager of Eagle County.
She thanked Mr. Shroll for all of his work.
Consent Agenda
1. CDOT Grant for General Aviation Apron Reconstruction
Kristin Degenhardt, Project Management
2. Contract between Eagle County Public Health and Colorado Department of Public Health for Emergency
Preparedness
Jacquelyn Hammel, Public Health and Environment
Commissioner Scherr moved to approve the Consent Agenda for May 28, 2019,as presented.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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Constituent Input
Chairman McQueeney opened and closed constituent input, as there was none.
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.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Eagle County Housing and Development Authority
1. Resolution 2019-032 Authorizing Eagle County Housing and Development Authority To Act As A
Limited Partner With Spring Creek Gypsum, Authorizing The Provision Of A Subordinate Loan To Spring
Creek Gypsum, And Authorizing Any Of Its Commissioners To Execute Documents
Kim Bell Williams, Housing
Executi%e Summary: -1 he Eagle County I lousing and De‘elopmcnt Authority shall enter into a partnership pith
Spring Creek Gypsum, LLLP to provide affordable rental housing in Gypsum. This resolution indicates partnership
as a Class A Limited Partner, rent and income restrictions in both Phase I and II. a subordinate loan of$500,000,
and assignment of Private Activity Bonds. This will increase affordable housing stock by 216 units total or 150
units in Phase I and 66 units in Phase ll.
Ms. Bell Williams introduced Gerry Flynn and explained that the resolution outlined the partnership
between Spring Creek Gypsum LLLP.
Commissioner Scherr moved to approve the resolution authorizing Eagle County Housing and
Development Authority to act as a limited partner with Spring Creek Gypsum, authorizing the provision of a
subordinate loan to Spring Creek Gypsum, and authorizing any of the commissioners to execute documents.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
2. Term Sheet for a Subordinate Loan from the Eagle County Housing and Development Authority to Spring
Creek Gypsum LLLP
Kim Bell Williams, Housing
Executive Summary: The Eagle County Housing and Development Authority shall provide a $500,000
subordinate loan to Spring Creek Gypsum LLLP with the attached terms. Spring Creek Apartments is new
construction of affordable housing in Gypsum, Colorado. ECHDA supports affordable housing throughout Eagle
County.
Commissioner Chandler-Henry moved to approve the term sheet for a subordinate loan from the Eagle
County housing and Development Authority to Spring Creek Gypsum LLLP.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
3. Term Sheet for Special Limited Partnership with Eagle County Housing and Development Authority and
Spring Creek Apartments LLC
Kim Bell Williams, Housing
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Executive Summary: The Eagle County Housing& Development Authority is entering into a partnership with
Spring Creek Apartments LLC as a Special Limited Partner to contribute to the overall affordable housing stock in
Eagle County. Attached are those terms.
Commissioner Scherr moved to approve the term sheet for Special Limited Partnership with Eagle County
Housing and Development Authority and Spring Creek Apartments LLC.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing Authority and re-convene
as the Eagle County Liquor Licensing Authority.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Eagle County Liquor Licensing Authority
1. Liquor Licensing Authority-New Hotel &Restaurant License
APPLICANT: Dotsero River Center, LLC
DBA: Dotsero River Center
OWNER(S): Cole Bangert and Darryl Bangert, Owner(s)
REPRESENTATIVE: Joe Tomasic, Manager
LOCATION: 3 Cotton Ln., Dotsero, CO 81637
REQUEST: Hotel and Restaurant Liquor License
STAFF REPRESENTATIVE: Kathy Scriver
DESCRIPTION:
The applicant, Dotsero River Center LLC, submitted an application for a new Hotel and Restaurant Liquor
License on April 19, 2019. The applicant also operates Sage Outdoor Adventures. The Dotsero facility acts as a
hub for river based recreation. Currently the activities are seasonal, operating from April 151 through September
30th. The applicant expects to offer food and beverages to customers daily from 10 am to 8 pm but hopes to attract
visitors and local residents as well.
ESTABLISH NEIGHBORHOOD:
The first order of business is to establish the neighborhood for petitioning purposes.
Staff recommended that the neighborhood consist of a two (2) mile radius surrounding the proposed
location.
1st MOTION establishing the neighborhood:
Commissioner Scherr moved that the Local Liquor Licensing Authority establish the neighborhood to
include the are within a 2-mile radius surrounding the proposed location,
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
NEEDS AND DESIRES OF THE NEIGHBORHOOD:
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1. The Board will consider the reasonable requirements of the neighborhood, the desires of the adult
inhabitants within the neighborhood and whether the existing licenses are adequate to meet these needs and
desires, per the Colorado Liquor Code, Section 44-3-301 (2)(a).
2. The petition was circulated by the applicant.
• 195 Signatures Favoring Issuance
• 0 Signatures Opposing Issuance
OTHER LOCAL LICENSING AUTHORITY CONSIDERATIONS:
1. Whether the licensee shall possess and maintain possession of the premises for which the license is issued
by ownership, lease, rental, or other arrangement for possession of such premises.
2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
3. Whether the fees have been paid.
4. Whether the applicants are of good moral character.
STAFF FINDINGS:
1. The applicant has filed an application on forms provided by the state licensing authority and provided
information as required by the state licensing authority. All applicable requirements have been met, all the
proper forms have been provided, and all fees have been paid.
2. The applicant(s) are 21 years of age and reported to be of good moral character based on their Colorado
Bureau of Investigation(CBI) background reports.
3. Public notice has been given by the posting of a sign in a conspicuous place on the premises May 17, 2019
and publication in the Eagle Valley Enterprise on May 16th and May 23`d, 2019.
4. The premises are not within 500 feet of a location for which, within 2 years preceding the application, a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
5. The premises are not within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
6. The applicant has submitted proof of possession of premises.
7. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local
Licensing Authority and proof of server training.
STAFF CONCLUSION:
The applicant has met all the necessary requirements for the Hotel and Restaurant Liquor License.
Ms. Scriver presented the application.
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Joe Tomasic explained the reasoning behind the application.
Chairman McQueeney wondered if there would be alcohol service prior to clients getting on the
river.
Mr.Tomasic stated that it since they were a commercial outfitter it was illegal to provide any kind
of alcohol on any trips. This would be an on premise license and alcohol service would be more of an
amenity. Their focus was to provide a kid friendly atmosphere, not a bar.They hope to provide services all
year around in the future.
2nd MOTION approval of the application and issuance of the license:
Commissioner Chandler-Henry moved that the Board find that there is a reasonable requirement and desire
for the issuance of this license and therefore approve a Hotel and Restaurant Liquor License for Dotsero River
Center, LLC d/b/a Dotsero River Center based on the testimony, petitions, and evidence and incorporating the staff
findings.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Commissioner Scherr moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as
the Eagle County Board of County Commissioners.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Event - Castle Peak, Eagle
1. Two10 @ Castle Peak Ground Breaking Ceremony
Executive Summary: We will be celebrating the ground breaking for Two10 @.Castle Peak in Eagle Ranch with
our partners, complete with golden shovels. Please join us for the celebration!
Two10 @ Castle Peak is a 22-unit rental building that will house the work force of Eagle County.
Discussion Item - Holy Cross Room
1. DRAFT 10-year Plan for Capital and One-Time Projects
Planning Files - El Jebel Building
1. Resolution 2019-033 Approval of a Modification to Conditions of Approval No. 2 &No. 8 of the
Resolution of Approval of the Tree Farm Planned Unit Development
Adam Palmer, Sustainable Communities
Executive Summary: This resolution recognizes and adopts the phased payment plan as agreed upon between the
applicant/owner of Tree Farm PUD and the Town of Basalt for reimbursement of the construction costs for the
pedestrian underpass connecting the Tree Farm PUD property to Willits Town Center and associated RFTA Transit
stops; it also provides for clarification and flexibility for alternative recipients of the Real Estate Transfer
Assessment(RETA) funds volunteered by the applicant which are to be utilized for projects which may include, but
not be limited to, affordable housing, human services, public health services,transportation services or other public
or community services in Eagle County.
Mr. Palmer, Eagle County Planner, introduced John Fredericks with LandWest.
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Jon Fredericks, Land Planner for the Tree Farm, introduced Ace Lane, owner of the Tree Farm and Bart
Johnson, Land Use Council.
Mr. Palmer reviewed the initial PUD approval. The PUD included 340 residential dwelling units and a
maximum of 134,558 sq. ft. of commercial uses. Phase one would allow for the development of 11.58 acres. He
reviewed the 13 conditions of the preliminary plan cpnditions of approval and requirements outlined in the
resolution. Staff findings were positive and the final plat application conformed to the approved preliminary plan
for the Tree Farm PUD by complying with all the dimensional use phasing and material representations and all
conditions of approval.
Mr. Fredericks reviewed the first phase of the final plat.
Chairman Chandler-Henry asked about the implantation of the conditions and who would be responsible to
insure the thresholds were being met.
Mr. Palmer stated that the Planning Department held that responsibility.
Commissioner McQueeney opened public input.
Parker Maddox stated that he supported the first phase but there seemed to be a pressure to develop the
area. He would like to see the board put on the brake on further development of the area. The traffic congestion
was horrible. The impact of the project would add to the traffic problem. He asked about the provision of low-
income housing
Kathrine Reppa spoke. She believed the project would'add to the traffic congestion.
(irce.,2 Smith spoke. He supported the comments of the other speakers. He belie\ed it NN a; unfair that
commissioners did not live in the valley but still had the ability to make decisions for the area. The traffic was
getting worse and he was concerned with the increased traffic this development would create. He moved from LA
to Basalt to escape the madness. He thought the developers didn't care about the community. At one point in time
he could find solitude on the trails.
Michael McVoy did not believe the board knew what they were approving. He believed that there was too
much flexibility in the proposal. He expressed concern with the geological risk. The project did not provide
affordable housing. He believed the project was the worst project Mr. Lane had ever proposed. The board was
creating a new town with no ability to create a bypass. He asked the board to reconsider, stop,think, understand
and hear what they were saying.
Sara Nadolny spoke on behalf of the Planning Department at the Town of Basalt. She spoke about a letter
dated passed out a letter dated in March.he wanted to make sure the board reviewed the Town of Basalt's referral
comments.
Ken Ransford, Resident of Missouri Heights, spoke. He requested that the board delay their decision and
reframe from supporting the developer.
John Lasalle spoke. He lived in the Shadowrock townhomes. He disagreed with all the previous speakers
and urged the board to approve the file.
Bonny Williams spoke. She thanked all the County Commissioners for representing this side of the county.
She believed the project had been in the works for 25 years and the project would be an asset to the community.
Commissioner McQueeney closed public comment.
Mr. Palmer addressed some of the public comments.
Mr. Fredericks stated that there were no short term rentals allowed in the project. The project was designed
for long term residents.
Ms. Oliver advised the board to focus on whether the final plat conformed to the approval given at
preliminary plan and whether it complies with the 13 conditions of approval. The preliminary plan approval was
not being revisited. This was the final phase of the development approval which would allow the developer to
proceed with development and construction.
Commissioner McQueeney thanked everyone for coming and expressing their point of view. The board
was grateful to hear from the public and grateful to staff to for their attention to detail.
Chairman Chandler-Henry stated that she voted against the file in 2017. She heard the concerns about
traffic, congestion, and development in general. However the file was approved and today the board was
considering whether the standards had been met for approving the final plat for the PUD.
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Commissioner Scherr believed the process was important. He believed the proposal met the standards of
approval.
Commissioner McQueeney believed the challenge today was to stay focused on the standards for approval
of a final plat. The argument with regards to legal proceedings on the case being decided was not relevant today.
Commissioner Scherr moved to approve modifications to conditions of approval no. 2 &no. 8 of the
resolution of approval of the Tree Farm PUD to allow the applicant to make phased payments of its share in the
cost of construction of the Hwy 82 underpass and to provide for alternative recipients of the real estate transfer
assessment.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
2. Resolution 2019-034 Approve the Final Plat of the Tree Farm Planned Unit Development-Phase One File
No. PDF-9007-2019
Adam Palmer, Sustainable Communities
Executive Summary: The Resolution to approve the Final Plat- Phase One of the Tree Farm PUD provides
findings associated with conditions of approval as part of the Tree Farm PUD Preliminary Plan PDP-4986 approval
in 2017, as well as other requirements and standards as articulated in the Eagle County Land Use Regulations
pertaining to Final Plata. .1pproval of this Resolution VS 01.11d direct the Chair of the Hoard of County
Commissioners to subsequently sign and approve the Tree Farm PUD Final Plat, allowing the applicant to move
forward with development and subdivision of the subject property area as it pertains to the approved and amended
Tree Farm PUD Guide, Subdivision Improvement Agreement, recorded covenants, Eagle County Land Use
Regulations, and other governing documents guiding and regulating the phased development of the Tree Farm
PUD.
Commissioner Chairman Chandler-Henry moved to approve file no. PDF-9007-2019, because the proposal
meets the standards for approval of a Final Plat for PUD as set forth in the Eagle County Land Use Regulations for
Planned Unit Development Final Plat.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
3. Subdivision and Off-Site Improvements Agreement Between Eagle County and Woody Ventures LLC
Rickie Davies, Engineering
Executive Summary: The Tree Farm PUD was approved by the Board of County Commissioners on June 26,
2017. The Final Plat for the PUD is scheduled for Board approval on May 28, 2019. In conjunction with the
approval of the Final Plat, the developer is required to enter into this Subdivision and Off-Site Improvements
Agreement to govern the construction of and collateralization of public improvements and landscape improvements
for the PUD.
Commissioner Scherr moved to approve the subdivision and off-site improvements agreement between
Eagle County and Woody Ventures LLC.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Planning Files - El Jebel Building
1. PR-8006/The Fields Sketch Subdivision Extension Request
Sean Hanagan, Planning
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Executive Summary: 2-year extension request for the Fields Sketch Subdivision
Mr. Hanagan presented the request. The two year extension was the first request for extension by the
applicant. Staff recommended approval. The board had three approval standards to consider.
Keith Ehlers stated that the applicant had revisited and refined the plan. The developed retained
compliance with updated Mid Valley Plan and has reacted and responded to comments from the previous process.
There was a likelihood the development would move forward in the next two years. The applicant was ready to
proceed with a refined plan.
Mr. Hanagan stated that three standards included:
1. Beyond the developer's control
2. The development complied with the Land Use Regulations and Comprehensive Plan
3. There was a reasonable likelihood that the next step in the development application would be submitted in
the next two years.
Staff determined that the standards had been met. He provided the board with its options to deny or approve the
file.
Chairman McQueeney opened public comment.
Kathy Marcel spoke. She was a termer member of the Roaring, Fork Planing Commission. Based on the
review of the plan, the Planning Commission found that the subdivision did not meet the land use regulations or the
intention of the comprehensive plan or the Mid Valley Area Plan. She recommended denial.
Ken Ransford, former member of the Roaring Fork Planning Commission spoke. He echoed Ms. Marcel's
comments and recommended that the board deny the application to extend the sketch plan.
Commissioner Scherr asked for clarification on the Planning Commission's recommendation to deny the
application.
Mr. Hanagan stated that the Planning Commission voted to recommend denial which was the reason for the
moratorium and the revisit of the Mid Valley Area Community Plan. The intent was to make sure that the Planning
Commission along with staff went through the plan and considered the alignment during the process. No changes
were made to the Future Land Use Map for the Field's property. Some language was changed having to do with
senior housing.
Ms. Oliver stated that from a timing standpoint,the Planning Commission in 2016 recommended denial.
The board then heard the file in December of 2016 and approved the file. The only change that was made in the
regulations or the comprehensive plan would be the change to the Mid Valley Master Plan with regards to the
Future Land Use Map which did not impact the Sketch Plan approval.
Mr. Ehlers stated that the plan continued to react and respond to the comments and to the process.
Commissioner Chandler-Henry asked about the development rights.
Mr. Hanagan stated that during sketch plan there were no development rights, no zone changes, and no
opportunity for the developer to do any work. Sketch plan was intended to be a toe in the water to get the sense of
the community and the board's sentiment.
Commissioner Chandler-Henry stated that there was no evidence that the proposal had changed to date that
would make it out of compliance. This was not an approval for a zone change or an approval to begin
development. This was simply an approval for an extension based on the three standards.
Commissioner Scherr concurred with the comments made by Commissioner Chandler-Henry.
Chairman McQueeney also concurred with the comments made by Commissioner Chandler-Henry. She
was comfortable with staffs assessment.
Commissioner Chandler-Henry moved to approve file no. PR-8006, incorporating staffs findings and
conditions, as the application meets the standards for approval of an Extension for Sketch Subdivision.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
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There being no further business , e = �:oard,the meeting was adjourned until June 11, 2019.
Attest: 1 -44,tL_i W ()FAQ-4 14.-4— ilr O° Mt-
Clerk to the Board
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