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HomeMy WebLinkAboutMinutes 09/12/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING SEPTEMBER 12, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips Robert Loeffler Sara J. Fisher Chairman Commissioner Commissioner Ass' t. County Attorney 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 Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Gates seconded the motion. The vote was declared unanimous. South Forty Liquors Earlene Roach presented a renewal of a Retail Liquor Store License for Lake Creek Liquors, Inc., dba/South Forty Liquors. She stated all is in order and the Sheriff's Office reports no complaints or disturbances during the past year. Commlssioner Phillips moved to approve the renewal of a Retail Liquor Store License for Lake Creek Liquors, Inc., dba/South Forty Liquors. Commissioner Gates seconded the motion. The vote was declared unanimous. Beano.s Cabin Earlene Roach, Liquor Inspector, presented a modification of premises for Beaver Creek Food Services, Inc., dba/Beano'S Cabin. She requested this matter be tabled to September 26, 1995 at 9:00 a.m. in order to receive new premise maps. Commissioner Phillips moved to table Beaver Creek Food Services, Inc., dba/Beano'S Cabin to September 26, 1995 at 9:00 a.m. Cornmissioner Gates seconded the motion. The vote was declared unanimous. Beaver Trap Tavern Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for Paul V. Murray III, Resort Restaurant Management, dba/Beaver Trap Tavern. She stated all was in order and the Sheriff's Office reports two disorderly's, April 3 & 5, 1995. Ms. Roach stated the applicant must control alcohol service at all times. Cornmissioner Gates moved to approve the renewal of Hotel and Restaurant License with Extended Hours for Paul V. Murray III, Resort Restaurant Management, dba/Beaver Trap Tavern. Commissioner Phillips seconded the motion. The vote was declared unanimous. El Jebel Convenience Store Earlene Roach presented a new 3.2% Beer application for El Jebel Convenience Store. She requested this matter be tabled to September 26, 1995 at 9:00 a.m. Commissioner Phillips moved to tabled El Jebel Convenience Store to September 26, 1995 at 9:00 a.m. 1 commissioner Gates seconded the motion. The vote was declared unanimous. commissioner Gates moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Cornmissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 95-117 - Certification of the ballot question for the Eagle Valley Library District Jim Fritze, County Attorney, presented the certification of ballot questions for Eagle Valley Library District. He stated his office along with the Attorney representing the district, have agreed on the wording of the question and it is ready for certification as presented. Commissioner Philllps moved to approve the resolution 95-117 authorizing the submission of the ballot question for the Eagle Valley Library District. Commissioner Gates seconded the motion. The vote was declared unanimous. PD-138-95-S1, Adams Rib Keith Montag, Director of Community Development, presented file number PD-138-95-S1, Adams Rib. He stated the purpose of tonight's meeting is to allow the applicant to give and overall view of the proposal as well as staff to provide their cornments. Following that, the meeting will be opened up for public corrment. Mr. Montag suggested a site visit mi$ht be necessary. The next meeting will be on September 26, 1995 at which tlme the applicant can bring in their consulting teams for various presentations. Mr. Montag stated at the next hearing the staff and applicant will be prepared to discuss any questions the Board may have. Any questions by the Board should be provided to staff by September 16, 1995. Jim Fritze explained the Board will try to prepare their questions in advance, however they may ask spontaneous questions at the hearing. The ap~licant may provide experts, however, it is not staff's position to provide eVldence of what should be discussed. Mr. Fritze indicated the a~plicant will be providing evidence throughout the hearing and will submit exhlbits at the end of the hearing for inclusion in the record. He stated HBE Corporation is requesting a Planned unit Development Sketch Plan approval for the Adam's Rib Golf Course proposal. The project is a mixed use development consisting of 879 residential units including 40 caretaker units and 15 rental units, a 145 room hotel complex including clubhouse and health club, a 150 room residence inn, 20,000 square feet of corrmercial space, and a 27 hole golf course. Water service is proposed to be acquired from the Town of Eagle or through the creation of a separate water district. Wastewater treatment will be provided by a proposed "advanced wastewater treatment" plant located on the Salt Creek parcel. A specific employee housin$ plan was not incorporated within the submittal however, the applicatlon states, "The resident population livin$ at the Golf Course is a significant portion of the resident employee populatlon that will be demanded by the development of the resort". Access is via a new Brush Creek Road location to be determined from the Town of Eagle. A separated bike path from Ea$le to the Golf Course site and continuing to the Village is proposed. Interlor streets will be built to County standards and open to the public. Fire protection is proposed through the Greater Ea$le Fire Protection District. An emergency service site which includes a flre station and ambulance facility is proposed on the Salt Creek parcel. An elementary school site is proposed on approximately 10 acres on the Salt Creek parcel. Open Space and recreation facilities are incorporated into the project design. Public access to adjacent public lands is also being proposed. Projected annual property tax revenues for nine existing governmental entities is $3,208,630. Mr. Montag stated the property is currently zoned resource though it is agricultural in nature. Mr. Monta$ reviewed the chronology of the sketch plan and the fact this is a resubmission of the sketch plan previously 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 denied. He turned the presentation over to the applicant. Fred Kumner, representing Adams Rib, stated this revision was required because of their acquiring substantial additional land. He stated this is a very good project but the revision makes it even better in his view. He stated this project will provide year round employment opportunities as they are involved in convention facilities and are already involved in some of the largest hotels in Colorado and the country. He believes the employment opportunities will be viable and water issues are coming along well. Charlie Wick, representing Adams Rib, stated he will give an overall project presentation and began by referring to the vicinity map. Mr. wick showed the Adam's Rib Golf Course, P.U.D. sketch plan map, dated February, 1995. He pointed out the distances between areas to be developed. He also pointed out the Grey Rock parcel which is the newly purchased area now included. Mr. wick went on to discuss the road access from Eagle up the valley and the areas they would rework the road to accommodate the roadway for future uses as well. They do have a bike path included in their design which would follow the roadway but be separate. Mr. Wick referred to the fact sheet he handed out. He spoke of the mixed use site and their desires to keep it as such for sumner, winter and housing components. The bed base entails short term lodging, primary homes, secondary homes and seasonal housing. They do not want to have an area that is concentrated just for the wealthy but make this available for all people. This is an open community with the focus toward the village with a short loop road through the project. The neighborhoods will be in different areas with cul-de-sac roads. Mr. Wick went on to show on the map the area of the golf course as well as the lodging/village area. He stated they have concentrated the residential components of the area to the north. One of the ways they feel they can ensure primary residents in the area is to provide a business base. They intend on phasing the homes over 15 - 20 years which will allow them to control the prices and keep them within the market and affordable. Mr. Wick further discussed the offerings of the golf course statin$ it will be semi-private with memberships. They are hoping to provide contlnuous play throughout the year. They would have an 18 hole course as well as a 9 hole course. They are proposing a health club, restaurant, snack shop, and shopping for the necessities. They believe there will be more opportunities in Eagle and Gypsum for retail growth due to this development. Mr. Wick pointed out the nearly 700 acres of irrigated lands and their intention to continue the management of those lands to kee~ them in good shape. They have concentrated their development into the lrrigated portions of the property, keeping out of the native lands. Mr. Wick summarized his portion of the project by reading the goals and objectives they have established. He stated Adam's Rib owns about 50% of the senior water of the basin. He stated they will provide their own water system as well as wastewater treatment. He concluded by stating the property taxes and sales taxes to be generated support the additional governmental service that would be required because of this development. Terrill Knight, Knight Planning, stated he is thrilled to be here tonight and that this is a once in a lifetime opportunity. He stated this is also an opportunity for the County to look at these issues as a whole as it is one development compared to small little developments that will pop up over time. Mr. Knight stated his first involvement with this project, a few months ago, was in looking at the concerns of the planning commission. Since then, they have collected the infonnation required. Mr. Knight referred to the previous condition of the land, the suitability of the land and the constraints they pose. Mr. Knight stated the second thing they did was look at the County Master Plan and believe that at they have met the requirements of that plan. Open space is their primary concern. He stated that over 800 acres is dedicated to undisturbed area and the remainder is dedicated to bike paths and natural uses. 71% of the project is in open space. The housing proposal provides, as required in the master plan, for a variety of housing types as 3 well as additional e~loyee housing units on site. They are providing 40 care taker units on slte. Regarding economic base, this will provide year round employment with $olf and summer recreation and the convention center as well as the ski mountaln in the winter. Clustering of housing types is clearly established and on less than 30%' of the land. Environmental concerns, the native land, and the general life style of residents, are balanced within this project. 1.4%' of this land is being questioned about the wildlife protection aspect for big $ame only. In terms of open space, much is appearance. They are not buildlng on rldge tops, keeping all building set back, protected by the trees, and away from the ridgelines. They have created a buffer. Recreation will include the 27 holes of golf with some public play. They have trails within the site to native areas as well as to public lands. They have agreed to curtail use as reguested during certain times of the year. Transportation they believe, takes lnto account County Engineering standards and are proposing an extensive transportation system within the site. Their water rights provide them with ample water. They are providing for open space, school sites, and everYthing necessary for a neighborhood community. They have met with the BLM and have been asked to consider squaring up some boundary lines. Mr. Knight continued to explain the proposal to the Board. Bob Freilich, Attorney, introduced himself and stated there is no firm in the country more committed to quality management of rural resort and preservation needs. He believes they have listened to the concerns of the residents and the citizens of Eagle County. He referred to the prima~ $oal of the master ~lan which is to develop well managed recreational facilltles. Mr. Freillch pointed out zoning must take into account the planning of resources in an intelligent manner. He stated they are providing for 1,317 employee beds within the development. They have introduced affordable housing providing that 50%' of their employees will be able to purchase housing within the project. The economic opportunities and the demand provided by this type of facility were proven in 1982 and carry forward today. The process they are proposing for year round resort usage will provide year round housing, employment, and diminished second homes. Fred Kummer, applicant, stated in conclusion and referring to some of Mr. Freilich's cornments, expressed there is no presumption in their mind that a four lane road would be needed. Mr. Kummer stated he met with the school board today and they have discussed the various sites. The school board will be meeting with them tomorrow and there is certainly the opportunity to find good sU$gestions. Kelth Montag stated Staff does not feel their proposal is in conformance as the master plan directs new developments of this density to urban centers. They believe development of this caliber should be next to or adjacent to community centers. The next area not in conformance is housing. Though the applicant is providing for commercial space their proposed amount is yet in question. In addition, and even though there is a mix of housing there is no fonnal employee housing plan at this time. The applicant indicated the proposal would satisfy the need of 50%' of the workers needed, but staff questions the feasibility of service workers affording those units. The environmental portion of the master ~lan is not in conformance. The primary concern of the row is the cumulative lmpacts and the disturbance of tolerant species. The air shed is also a concern as is the additional lighting. The open space proponent of the master plan refers to open spaces concepts. From a water use standpoint there was a very good document submitted. The implementation of the plan will be a critical process. Staff is waiting a positive response from the Town of Eagle and the County Engineer. Visual quality, development patterns and wildlife are still the areas of concern. He referred to the Town of Eagle's master plan and their concerns. Improvements on Brush Creek Road are a concern and maintaining the character of the Road. The Town and the County are attempting to develop a master plan for unincorporated areas outside the Town of Eagle. The Town is also preparing a water master plan. Steve Peters, Brush Creek resident, stated when they moved onto Brush Creek they didn't want to live in town. This project is proposed to have a density of people far greater than the Town of Eagle. Mr. Peters read a letter into the record. He stated the original project was very small and 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 had no units in their view plan. They bought their parcel understanding the zoning. They built their house prior to these revisions. They request the density next to their ten acres parcel be removed and the activity and density be moved to the southern portion. He discussed a corrparison they did from the old plan to the new plan. He stated he doesn't understand the logic for acquiring acreage and then moving the development elsewhere. He discussed personal meetings they have had with HBE and thought they had reached an understanding later to find they had misunderstood their proposal. Mr. Peters referred to walking the sites wlth Mr. Kummer and it was stated by them they would sell the site west of the ranch. They submitted a offer but received no reply. When he contacted them, they said the offer was not high enough and the parcel was not for sale. Mr. Peters stated they have been refused verbal agreements and understands they were wrong. He does not feel they were dealt with fairly. He asked the Commissioners to cut back the development near their property until or unless HBE can live up to their commitments. Mr. Fielder, wildlife expert, stated he is hear tonight to speak out against this development and against the notion that Brush Creek can stand any future development of this magnitude. Mr. Fielder stated in his years as a photographer, he has seen in alot of beautiful valleys and Brush Creek is one of the five most pristine valleys he has seen. It is a combination of the ranch land as well as the natural places of east Brush Creek. This place is about as good as it gets and it is no place to build a ski area. Mr. Fielder stated his watch word is "don't be fooled". Beds and wildlife don't mix. Don't be fooled this major transportation corridor is a benefit. Don't be fooled the visual resource, viewsheds, won't be destroyed. He referred to Mr. Knight's comment about the appearance of open space. Don't be fooled by this notion of growth management except for this idea of putting a ski area into the valley there is no growth in Brush Creek. He questions what homage should be paid to the natural environment. Jobs, why not put a factory in along the interstate? He is clearly against this proj ect . He suggested the Board say no and zone as they need to. Or what about buying Mr. Kummer out. Create an open space tax and together with the County purchase the property and send Mr. Kummer back to St. Louis. He referred to the Eagle County Land Trust and a project they are working on between Denver and Colorado Springs. Between land trusts and the money Great OUtdoors Colorado has, do something. He believes we have been $iven a gift, a natural heritage, and we have an obligation to future generatlons to pass this all along. Charlie Ridgeway, Brush Creek property owner, stated he and his wife own the property along the north and the west. He referred to the discussion earlier about the road right-of-way. The road will cross their property. The traffic projected on their road is one car every three seconds at sixty miles an hour. They will have no way of moving farm equipment or livestock. They have no intention of ever granting Mr. Kummer right-of-way across their ground. He referred to paragraph 3 of the sketch plan application, conformance with master plan, suitability, access to the main highway. He believes this does not provide access and suggested it be tabled untll Mr. Kummer can find access. Roger Brown, area resident, stated they have missed the point. The carrying capacity of Eagle County is being overlooked. The development of Colorado River Road, the Paradise Valley of Montana, it is all changing. The rural character is deminishing as will the rural quality of Brush Creek. He referred to the noise pollution of Gypsum Valley. To allow more developments to occur will be economic and social suicide. Ted Seiple, area resident, voiced he is adamantly opposed to the Adams Rib development. He referred to the golf course and the ski resort as one won't happen without the other. His concerns are those voiced by staff. He has attended the meetings for twenty five years. For him, it will effect his piece of the pie with the light pollution and the traffic. He asks the commissioners to think about the future. He referred to Mr. Fielder's suggestion of putting money where their mouths are. There would be greater interest in the community to develop larger pieces of property. Does Mr. Kummer and his 28 million have more rights than he and his 28 thousand. He 5 urged the Board to get a handle on what they are dealing with in the 90's and the value of o~en space to ensure for the future a healthy environment. Margo Lorlg, area resident, stated she does not want to see a community up Brush Creek. Any development with this density should be proposed within or adjacent to an existing one. Despite what the proponents have to say, this is not in conformance with the master plan. There are too many problems with this proposal. Jim Marshall, area resident, spoke of a book he's just read that says, begin with the end in mind. When moving here they did so for economic opportunities and investment purposes. While thelr assets have appreciated the quality of life has depreciated. The Adam's Rib proposal represents short term profitability for a few. Gene Lorig, area resident, stated he hasn't been against Adam's Rib as long as his wife has. He stressed Dr. Freilich's corrments regarding the planning staff and the staff's findings and that they should be disregarded by the Board. He also indicated the findings maybe should not have been out before the hearing but it did allow for them to know what they were up against. Jim Osterweil, area resident, suggested this matter become a ballot question and the ongoing master plan should be completed before going any further with this project. The rural and density character which should be protected will be in default when the master plan is completed. He does not believe in this piecemeal planning process and they should be considered as one project. As to affordable housing, no infonnation has been provided. Affordable needs to be defined, i.e. dollars per square foot. Willis Bassett, area resident, encouraged the commissioners to approve this sketch plan and get it behind them. They have spent years and years of studying and are studying this to death. He referred to the 71% of the development as open space and considered that a staggering number. He questions how it can be squeezed tighter. Plus Adam's Rib will build its own way. If they are forced into a 35 acres plan, the commissioner will have no authority. He referred to an article which states the zoning will be restricted by the Town of Eagle and Eagle County Planning group. If this project meets the technical requirements as Mr. Knight says, then lets get on with it. Tom Fitch, from Vail, suggested that $28.5 million dollars to date is unbelievable and believes Mr. Kummer should cut his losses. He feels its unfortunate the property owner is stating either go with what we are proposing or we'll sell off 35 acres parcels. Steve Jones, an outfitter, stated he has lived here for 26 years. They are opposed the Adam's Rib proj ect . He is opposed to a development of this scope to involve so many people in a negative way. He worked for Mr. Kummer twenty years ago and he has worked for vail Associates. He wonders why anyone would ski Adam's Rib when they can ski Vail. He stressed this lS not a viable ski area. Andy Wiessner, Vail, Colorado, suggested spending 28 million dollars and knowing what the zoning was, why a developer should think they have a property right that needs to be compensated. Pete Feistmann, a Vail resident for 20 years, states he's thought about this proposal. There simply is no right that goes along with the purchase of land. The developer is takln$ a risk. He spoke to the Kummer's figures. Is this indeed an economic beneflt. He firmly believes we are in the middle of a classic bubble economy. We have gone from a resort community to an economy dependent upon development. This is a major consideration. The final point is for the Commissioners to visit the site, look around and question themselves. Lorraine Piel, area resident, stated she is in opposition to the Adam's Rib Plan and feels it should not be approved. Ron Piel, area resident, spoke in opposition of Adam's Rib because it will spoil the small town atmosphere that we all moved here for. ,Judy Moffat, Carbondale resident, stated she has been an Eagle County tourlst for the last twenty years. She believes Adam's Rib will spoil the town of Fulford as well as Brush Creek. No matter how many statistics the developers can come up with, she still doesn't believe it. The boom town growth situations are unhealthy economically. These communities provide for the haves and the have nots. There are no cost benefits that can be seen for future generations. She hopes the corrmissioners can see that there is no 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 need to sellout the Brush Creek Valley. The commissioners face a moral dilemma and the current master plan provides adequate reason for denial. Patsy Batchelder, area resident, stated she is opposed to Adam's Rib. She has only lived here a few years but moved here for a place that is free from development. Her feelings about Brush Creek is it is truly one of the most beautiful areas in the County. Another ski resort and golf community is not wise. The real open space and the character should be preserved. Richard Corrpton, an El Jebel resident, began with a question of the Commissioners and the attorney regarding the ruling of considering this proposal on its own. Chairman Johnson responded the ruling of this project needs to be based on this project as it stands and not the plans in the works regarding the master plan. Mr. Corrpton stated this development project is way out of compliance with the development plans. The needs for affordable housing, the preservation of agricultural land, and the need to preserve public land. Mr. Freilich referred to affordable housing and how state of the art this project is. He believes this is contrary to what is needed. In terms of open space, it can be a golf course or a parking lot, as it has about the same effect on the ecologic environment. Mike Bradley, Brush Creek resident, stated he basically sandwiches between the golf course and the ski area. He feels it a privilege to live there. He is co~letely against the development. He encoura$es the Board to make a wise decislon not for them but for their children's chlldren. Having worked with Adam's Rib on this proposal, he wants the Board to take a look at what they have done thus far. If they want to see the actions, he suggests the Board take a walk and see the damage that has been done. Tom Ehrenber9' Eagle resident, stated he has participated in the Eagle Area Plan and belleves it to have been a great opportunity for the people to voice their opinions. Two of the goals of the Eagle plan is that Eagle should remain and have a small town atmosphere and with Adam's Rib, there will be nothing to keep the atmosphere from changing to resort. Growth should radiate from the population center and not be strip development up the valley. Last year, Adam's Rib was taking water out the Brush Creek and paying no attention to the minimum stream flows. Sally Metcalf, area resident, voiced her and her husbands concerns about Adam's Rib and their opposition to the project. She says it is time to say no. Jean Johnson, town of Eagle, reiterated her deepest concern with the size of the project and it would double the problems that already exist. She concurs with the recorrmendations of the planning cornmission. Ramona Pletcher, an Eagle County resident for 15 years, chose Eagle rather than Vail because of the small town atmosphere. She applauded the planning corrmission and their efforts and believes they have done their jobs well. Rosie Sherwood, a resident of Brush Creek, stated what has stood out this evening is the attitude of the developer. The planning staff has come to the conclusion this is not appropriate development for Brush Creek and has faith in their decision. Harold Feder, lives adjacent to the property, and is a public servant via the planning cornmittee. He feels honored to know each of the commissioners personally and is not envious of their position. The future of the county rests in their hands. He referred to King Soloman and the decision to cut the baby in half. This developer has not made that offer. They have said give us all. He doesn't believe that to make sense. Study how a society uses its land and you'll see what his future will be. He referred to Omar Kibin, spoke word, spent arrow, time passed and a missed o~portunity. He added another, zoning. He referred to the private property rlghts, they are not absolute. It is the concept of private property which is the basis for the supreme courts decision regarding zoning of property. These issues are important but they must be controlled. He read from a prepared statement stating the open space meeting in 1984 and the priorities suggested at that time. He stated there is no criteria except the commissioners judgement regarding the land swap. Open space, agriculture, 7 etc., have been the ~rimary concerns of the towns within Eagle County. The report contains findlngs from all of the master plans. He read the findings of a scientifically conducted survey within Eagle County and open space, growth, employee housing, all ranked as the highest concerns. Growth is too fast in Colorado. The community is saying enough. He listed five items which must be completed before this proposal can go forward. He is a citizen of this county, born in Colorado, and believes the process extended here tonight is touching and he does believe in the process. The future of Eagle County is in their hands. Dr. Freilich stated they would like to responded to some of the allegations made. At the next hearing there will again be public cornment and especially so from those who favor the project. Mr. Fritze suggested to allow public comment the scheduled time isn't going to work. Perhaps the applicant has an order to show their meeting of the criteria. The applicant suggested they would like to work with staff and that durin$ the next two meetings they can achieve what they are desiring. Mr . Freillch suggested he meet with Mr. Monta$ about who will be here at the next hearing. The other concern is the site vlsit. Chairman Johnson suggested the site visit be on September 26, 1995. Luke Danielson, attorney for Citizen's for a Better Eagle County, asked Staff p+rovide the public with a list of who is going to be here when for the presentations. There being no further business to come before the Board, they adjourned until September 18, 1995. 4Z~5' - 8