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HomeMy WebLinkAboutMinutes 07/02/2024 PUBLIC HEARING July 2, 2024 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Jeff Shroll County Manager Jill Klosterman Chief Financial Officer Matt Peterson Assistant 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: Constituent Input Chairman Scherr opened and closed constituent input, as there was none. Commissioner Updates Commissioner McQueeney recognized Chairman Scherr,who volunteered at the Mountain Pride Gala on Sunday. The event had an amazing turnout. A number of community volunteers participated in the drag show, Chairman Scherr being one of them. Commissioner Chandler-Henry stated that July was Fair and Rodeo month, and the week of the 22nd was the Eagle County Fair and Rodeo. The rodeo began on Wednesday night,but on Monday and Tuesday folks should get their open class exhibits into the fair. Rodeo tickets were available online. She wished everyone a Happy Independence Day and to remember the great sacrifice and work of the founding mothers and fathers who worked to make this country free and independent. Chairman Scherr thanked Mountain Pride for its extraordinary event. He encouraged everyone to visit their website to see the work being done. They were still accepting contributions to their organization. He also wished everyone a Happy 4th of July. He also mentioned the Colorado Mountain College Common read, The Ten Habits of Good Citizens, by Dr. Richard Haass. County Manager Updates Jeff Shroll reminded everyone that the county offices would be closed for the 4th of July holiday as well as July 5th. He also mentioned the geothermal grant application process. Wildfire Conditions Outlook Birch Barron provided a wildfire update. He stated that the snow left on the mountains was not enough to impact the rivers. The river levels spiked in May. The region looked better than last year in terms of drought. 1 07/02/2024 Warmer and drier than normal conditions were forecasted between now and September. There had been a lot of human-caused fires recently that had been small and kept under control. There was no more moisture in the forecast for the next 12 days, so he encouraged everyone to carefully handle fireworks. Consent Agenda 1. Resolution 2024-041 Concerning Deductible in Excess of the Current$10,000 Limit Imposed by the United States Department of Agriculture Rural Development Housing Program Daniel Murray,Housing 2. Resolution 2024-042 for the Approval of the Eagle Valley Land Trust Conservation Center Planned Unit Development File No. ZS-009380-2023 Janet Aluise,Community Development Commissioner Chandler-Henry moved to approve the Consent Agenda for July 2,2024 as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Item(s) 1. Resolution 2024-043 Concerning an Appointment to the Basalt Regional Library Board of Trustees Dani Moore,Administration Executive Summary: The Basalt Library Board of Trustees are recommending the appointment of John Goodwin to the Basalt library board. Rhea Silverkorn, Eagle County Executive Coordinator, spoke on behalf of Amy Shipley,Executive Director of the Basalt Regional Library District,to recommend John Goodwin be appointed to the Basalt Library District Board of Trustees. John Goodwin stated that he'd had a lot of experience on boards. Fortunately,he agreed with the people on this board. He believed libraries were among the few places where anybody was welcome. He looked forward to being a part of what was happening in Basalt. Commissioner McQueeney moved to approve the resolution concerning an appointment to the Basalt Regional Library Board of Trustees. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Commissioner Chandler-Henry 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 unanimous. Eagle County Housing and Development Authority 1. Property Management Agreement between Riverview Apartments Preservation,LP and Eagle County Housing and Development Authority Daniel Murray,Housing 2 07/02/2024 Executive Summary: The Eagle County Housing and Development Authority provides property management services for Riverview Apartments in EagleVail with 72 units. Management,provided by ECHDA,has provided excellent customer services to the tenants, focused on preventative maintenance and improvements,and renewed the HUD Housing Assistance Payment Contract through 2039 just to name a few of management's successes over the last few years. In 2024,the current Property Management Agreement expires and RAP LP is looking to renew the agreement at the same service level, including a fee of 3.45%of total revenue. The remaining terms of the agreement are the same, except the term is extended until 06/30/2027. Daniel Murray,Housing Manager stated that the agreement would simply extend the current property management agreement. Commissioner McQueeney moved to approve Property Management Agreement between Riverview Apartments Preservation,LP and Eagle County Housing and Development Authority Commissioner Chandler-Henry seconded the motion. The vote was unanimous. 2. Agreement for Procurement and Installation of Roofs Between Golden Eagle Elderly Housing Corporation and Cooper Construction LLC Daniel Murray,Housing Executive Summary: Over the past two years, Golden Eagle has replaced the roofs on seven of the nine buildings. This summer, we plan to replace the final two roofs which will complete our goal of full replacement by 2025. We have used reserve funds for this work which has enabled us to complete the task sooner than expected. Cooper Construction has done the work the past two years. They are efficient and will only impact the residents over a one week period. We received three bids and Cooper was the lowest bid. Mr. Murray stated that the agreement was roof replacement by Cooper Construction and payment would come from the reserves account. Commissioner Chandler-Henry moved to approve Agreement for Procurement and Installation of Roofs Between Golden Eagle Elderly Housing Corporation and Cooper Construction LLC Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Airport Terminal Board. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Eagle County Airport Terminal (ECAT) Board 1. Second Amendment to Agreement for the Operation of Retail Concession at EGE between Eagle County Air Terminal Corporation and Tailwind EGE David Reid,Airport Executive Summary: ECAT entered into an agreement with Tailwind,LLC for operations of a gift and news shop, retail, food, and beverage concession on September 8,2021. Both parties wish to exercise the first of two one-year 3 07/02/2024 extensions on this agreement, extending to June 30,2025. All other terms and conditions will remain as stated in the original agreement and in the First Amendment. Jodi Doney, Terminal Operations Manager, stated that the item before the board was an extension of the Tailwind agreement for one year. Jill Klosterman moved to approve the Second Amendment to Agreement for the Operation of Retail Concession at EGE between Eagle County Air Terminal Corporation and Tailwind EGE. Jeff Shroll seconded the motion. The vote was unanimous. 2. Second Amendment to Agreement Between Eagle County Airport Terminal Corporation(ECAT)and Amadeus Airport IT Americas, Inc. Jodi Doney,Airport Executive Summary: Amendment to extend the common-use gate systems agreement with Amadeus. Ms. Doney stated that Amadeus was the common use gate system. The agreement would extend the agreement with Amadeus and allow for hardware and software replacement. Amadeus was one of the top providers in this service. Jeff Shroll moved to approve the Second Amendment to the Agreement between Eagle County Airport Terminal Corporation(ECAT) and Amadeus Airport IT Americans, Inc. Jill Klosterman seconded the motion. The vote was unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Airport Terminal Board and reconvene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was unanimous. Site Visit - Edwards 1. Site Visit for Sonnenalp Golf Course Driving Range Subdivision Exemption and Special Use Permit SE-009357-2023 and ZS-009356-2023 Vince Hooper,Community Development Executive Summary: Site Visit to 2100 Winslow Road related to the Sonnenalp Golf Course Driving Range Subdivision Exemption and Special Use Permit SE-009357-2023 and ZS-009356-2023. Planning File - Eagle County Room 1. Sonnenalp Golf Course Driving Range Subdivision Exemption SE-009357-2023 and Consolidated Special Use Permit ZS-009356-2023 Vince Hooper, Community Development 4 07/02/2024 Executive Summary: Request for legalization of an existing 5.91 acre parcel and a Consolidated Special Use Permit to authorize the existing use as a golf course driving range within the Resource zone district. This application is subject to change from time to time. Vince Hooper,Eagle County staff planner, stated that this was a concurrent application for a Subdivision Exemption(SE)and a Special Use Permit(SUP). The SE was for legalizing the parcel that was not legally subdivided previously. The SUP was for the existing special use for the driving range. He reviewed the application process and stated that the applications had been noticed concurrently and sent to 25 referral agencies, public notice was posted on the property,notice had been sent to adjacent property owners,and there had been a notice in the newspaper.No public comment had been received to date regarding the SE application but multiple comments had been received for the SUP application. He referred to the zoning map and identified the subject property. Scot Hunn,with Hunn Planning&Policy, introduced the property owners and operators Johannes Faessler, Sebastian Faessler, Jim Miller, Director of Operations and Neil Tretter, Golf Course Superintendent. He would be focusing on the SUP request for continued use of the parcel as part of the Sonnenalp Golf Course driving range. The property was located within the Resource Zone District and required special use. The parcel was a 5.9 acre parcel north of Las Vistas townhomes. The property was surrounded on two sides by the Berry Creek Ranch PUD, approved in the late 1970s. To the north surrounding the parcel on two sides was resource preservation. The parcel included the upper portion of the driving range,practice greens, the maintenance facility parking lot, and an undeveloped hillside to the north. This parcel was not included in the original PUD boundaries but was a USFS parcel and operated in good standing from the early 1980s to the mid 2000s when the property switched hands. The property was conveyed to the current owners in 2004. He showed some photos of the existing conditions on the property and access drive off of Winslow Road through Tracks A&B. The golf course and driving range were open seasonally, from April to October, and the hours varied. The golf course and driving range were open to Sonnenalp members,their guests,and the general public. There was full time staff monitoring the driving range daily. He touched on the standards and indicated that the application was in strong conformance with the Edwards Area Community Plan and Future Land Use Map. The property was identified as active recreation/infrastructure. The special use as proposed with conditions was compatible with the existing future land uses of adjacent land. No development was being proposed, simply the continued use of this amenity that had existed since the early 80s. The design minimized and avoided adverse impacts, including visual impacts,trash,traffic, service delivery,parking, and loading. The few issues that they had,they worked with staff to address. There was a mitigation plan that had been submitted to Eagle County and reviewed by staff. The applicant believed continued adherence to the plan and working with the adjacent property owners would minimize any adverse impacts. There was a stormwater management report to address the stormwater management and drainage and a plat note to address soil and geotech issues. He reviewed the adjacent property owner complaints and stated that the applicant had met several times with the Las Vistas HOA and Ridge at Las Vistas HOA. The applicant was committed to working with the HOAs and to continuing ongoing mitigation. Mitigation over the years included removing a practice bunker, constructing a berm,planting trees,and installing metal targets. There was full-time monitoring, a call line for incident reports,reminders in the weekly member newsletter, and signage at the range reminding members to be considerate of their neighbors. Overall,the applicant responded to the county notice positively and worked with the county over the last year and a half through the process. They had responded to complaints and would continue to do so. Mr. Hooper pointed out that the property was zoned Resource and surrounded on the north and east by Forest Service property and west and south by the Berry Creek PUD. There were two access points, one off of Winslow Road and one off of Singletree Road. The property was not served by potable water but by non-potable irrigation. The parcel was an illegal lot operated under the Forest Service special use permit. Because it was not permitted by the county, it was a nonconforming parcel. The golf course was a special use by right within the Berry Creek PUD. In 2021,the county began receiving complaints regarding errant golf balls damaging Las Vistas properties and endangering residents. Las Vistas homeowners had provided public comments stating that past actions had not resolved problems and that the impacts continued. The application identified the applicant's specific actions to address and mitigate future issues. The homeowners had recognized the adjustments but stated 5 07/02/2024 that the problems had still not been resolved. He reviewed the subdivision exemption standards and indicated that the application was in conformance with the survey standards with conditions. He reviewed the SUP standards and indicated that the application was consistent with the Comprehensive Plan and Edwards Area Community Plan, and staff recommended approval with conditions. Per Condition#1,the applicant shall comply with and enforce the Practice Range Mitigation Plan. Per Condition#2,any change in land use of ownership of either the property or the adjacent property would require a new drainage plan. Per Condition#3,the applicant shall obtain approval of the Subdivision Exemption application prior to the approval of the Special Use Permit. He noted that staff found that the two variances to Roadway Standards requests complied with the Site Development Standards of Article 4, as required by ECLUR Standard. Commissioner McQueeney requested that the applicant explain the mitigation plan. She asked who designed it and how it would be enforced. Mr. Tretter explained that the plan had evolved over 40 years. About two years ago,they brought in a driving range consultant. He believed there would be instances where golf balls exited the property and hit a house. A big part of their plan was observing and responding appropriately. In the future if changes are needed, they would have data to make constructive decisions. Mr. Miller stated that their goal was to ensure that no golf balls left the driving range. They hope to follow up on any property damage with the improved monitoring. Commissioner Chandler-Henry asked about the source of the irrigation water. Mr. Miller stated that they had sources from June Creek and Berry Creek and water rights on the Eagle River. Chairman Scherr asked if the mitigation had been created over the years or was recently created. Mr. Tretter stated that the mitigation plan had a 40-year history and included additional steps they'd taken in the last two to three years. The plan written in a Word document did not exist 40 years ago. Commissioner McQueeney wondered where the public could access the mitigation plan. Mr. Hun stated that the plan could be accessed through Eagle County. Mr. Tretter stated that the Singletree Property Owners Association would be a good resource for questions of this nature. Chairman Scherr wondered what was considered reasonable mitigation and if netting were ever proposed, would that require a special use permit. Mr. Hooper stated that it could be an amendment to this SUP, which would involve another public process. Mr. Hunn clarified that if there were to be a netting solution,the subject property itself would not be the location for netting based on the origin of the golf balls. Chairman Scherr stated he reviewed the public comments and saw no specific requests from the Las Vistas HOA. Mr. Tretter stated that the Las Vistas HOA's view was that it was Sonnenalp's problem to solve. Matt Peterson,Assistant Eagle County Attorney, agreed with Mr. Hunn's comments about netting. He believed that if netting were proposed, several different land use applications may be required. He noted that the application before the commissioners today was not necessarily a property where the county could establish that netting would be effective. Chairman opened public comment. Linsay Hickel, Las Vistas Unit#15, spoke. As a 27-year resident, she had a good perspective on the progress of the driving range and its impact on the community. Some of the newly planted trees were not doing well,but the applicant offered to replant the ones that didn't survive. She believed the golf course had worked very hard to mitigate some of the problems. She's had several expensive broken windows by golf balls and had been hit in the back of the head while reading on her deck. She supported the red shirt monitoring, and supported cameras. She also suggested that the golf course consider low flight balls. • 6 07/02/2024 Kimberly Shikverg,Las Vistas Unit#16, spoke. She stated that the entire upper driving range did not exist until the golf course got ownership from the government. Just this summer, she collected over 75 golf balls that had landed in her front and back yards. Despite the club's efforts to implement safety measures,the problem persisted. Their home had received a lot of damage and the club had shown no willingness to take responsibility or compensate them for any of the damage. They had provided photos and sent emails and took no accountability. There had been multiple meetings with the police department. She asked the board to hold the Sonnenalp Golf Course accountable for the damage caused to her community. Brenda Harper, Las Vistas Unit#17, spoke. She's lived in the Las Vistas community for 22 years. She has picked up hundreds of golf balls on her property. There had been damage to her property and she had been nearly hit by balls. Since the growth of the club's membership and the advancements in equipment, it's become intolerable. She believed there should be some accountability for damage and her safety. Annika Shikverk,Las Vistas Unit#16, spoke. She spoke about the number of balls that have landed in her yard. She learned at an early age to listen to the sound of balls as they were being hit and determine the distance they would fly depending on the pitch of that sound. She'd been hit in the head and saw a neighbor get hit in the stomach. When she was 16, she had a boyfriend who would not park at her house due to fear of his car getting hit by a golf ball. She requested that the Sonnenalp find a real solution to the problem so she didn't have to live in fear of being outside of her home and warning friends about the risk of visiting her home. Oleg Shikverk of Las Vistas and board member on the HOA stated that there was a general sense of fear and he considered this a nuisance. According to the State of Colorado, it was up to every county to mitigate a public nuisance. The question was how effective was the proposed mitigation. The red shirts only monitored the lower range. There was no monitoring on the upper range and they got hit from both sides. He wondered how the county was going to approve a SUP for land that's being used as part of a public nuisance. He asked what guarantee the public had that his community would be safe from fear. Chairman Scherr closed public comment. Johannes Faessler stated that the golf course was built in 1981, as more homes are built, situations became more apparent. If one buys a home on a golf course, there are benefits and drawbacks. They recognized when situations arose and tried to come up with solutions. The driving range was in use long before the homes were built and some homes were more at risk. They had no interest in putting people in danger and creating risk for their guests and members. They would monitor the situation and find a solution to minimize the impacts. Mr. Peterson added context between zoning requirements of nd use application requirements and the idea of a nuisance. The same use could be analyzed against zoning g' idaards and analyzed as whether it is a nuisance. As far as zoning standards or land use applications go,that#s:a task for the BoCC. As far as nuisance goes,that is a determinant for a court of law, and a nuisance does not exist until a court or jury has determined that a use is a nuisance. The task before the board was to analyze whether the driving range meets the county's requirements for a SUP. In Colorado there were three different entities that could bring a nuisance case against a private entity, one of those being an adjacent landowner, a District Attorney, or the Attorney General's Office. The county had no ability to conclude that something was a nuisance. McQueeney asked about video surveillance as it was mentioned in the mitigation plan. Mr. Tretter stated that they were pricing the video systems. McQueeney wanted to know what exactly was in the mitigation plan that the community can hold them to. Mr. Tretter stated that they intended to do everything identified in the plan. Commissioner Chandler-Henry stated that it sounded like there was a continuous improvement schedule or learning by doing. She wondered if it would be helpful to add a statement in the mitigation plan that the plan would be reviewed and revised annually. Mr. Tretter agreed with the annual revisions. Commissioner Chandler-Henry believed the use was a continuation of what had been a historical use. The improvements over the years demonstrated good intention and good management. The mitigation plan looked 7 07/02/2024 good and was a valuable addition. She believed the requirements needed to be met for a Subdivision Exemption had been met with conditions. Commissioner McQueeney believed the application for the Subdivision Exemption was straightforward and believed the application met the standards. Chairman Scherr concurred with his fellow commissioners'assessments. Living next to a driving range involved a certain degree of risk. The mitigation plan gave the applicant and residents a better way to assess what was being done and involved the county regarding code enforcement. Commissioner McQueeney commented on the Special Use Permit(SUP) and expressed appreciation for the public taking their time to come in and express their concerns. She believed SUP applications met the standards as conditioned for a SUP. Commissioner Chandler-Henry believed that staff's analysis was solid and she believed the application met the standards required for a SUP as conditioned. Commissioner Chandler-Henry moved to approve File No. SE 009357-2023, incorporating staff's findings and recommended conditions,because this application, as conditioned,meets the standards for approval of a Subdivision Exemption. Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to approve File No. ZS 009356-2023 incorporating staff's findings and recommended conditions,because this application as conditioned,meets the standards for approval of a Special Use Permit. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. y4��OF EAG(FcoG There b ' no further busine Z`� ard,the meeting was adjourned until July 9,2024. Atte Cler to the Board Chairman • 07/02/2024