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HomeMy WebLinkAboutMinutes 01/16/2001 PUBLIC HEARING JANUARY 16,2001 Present: Tom Stone Michael Gallagher Am Menconi James R. Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Stone stated the first item before the Board was an "Executive Session". Commissioner Gallagher moved to adjourn into an "Executive Session" to discuss the following items: 1) Discuss the purchase of water rights and give appropriate directions 2) Receive legal advice regarding the procedures for continued Adam's Rib Frost Creek Ranch hearings (1041, PUD, special district). Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 08:46 a.m. Commissioner Menconi moved to adjourn from "Executive Session" and reconvene into the regular meeting. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 9:32 a.m. Consent Agenda Chairman Stone stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for week of January 15,2001, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of October 18,2000 C) Hangar Lease between Eagle County and Allan Nottingham D) Project Construction and Management Agreement between Eagle County and the Eagle County Air Terminal Corporation for management of Terminal A E) Lease Agreement between the County of Eagle and Crawford Properties LLC F) Resolution 2001-015 concerning appointments to the Eagle County Regional Transportation Authority G) Amendment to Child Support Enforcement Cooperative Reimbursement Agreement. Commissioner Menconi stated he would like to abstain from approval of the Commissioner minutes for October 18, 2000. Commissioner Gallagher moved to approve the consent agenda as presented pulling item B. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to approve item B on the consent agenda, the Board of County Commissioners meeting of October 18, 2000. 1 01-16-2001 Commissioner Gallagher seconded the motion. Commissioners Gallagher and Stone voting aye and Commissioner Menconi abstained. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: AFP-OOllO. Eby Creek Mesa. Phase II-A. Tract D. A Re-subdivision of Tract D. He stated this was an Amended Final Plat, the purpose of which is to create a new Tract, Tract E, (to be dedicated to Eagle County) that provides additional right-of-way space for the existing Eby Creek Road. Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Gallagher moved to approve final plat file number AFP-00II0, Eby Creek Mesa, Phase II-A, Tract D, a resubdivision of Tract D, incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Board. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Chairman Stone moved to adjourn as the Eagle County Air Terminal Board and reconvene as the Board of County Service & Support Corporation. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Service & Support Corporation and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2001-016, Eagle County Land Use Regulations Keith Montag, Director of Community Development, presented Resolution 2001-016, in the matter of amending the Eagle County Land Use Regulations, November 1998, as amended to adopt a temporary regulation amending Section 1-140C3 with respect to issuing grading permits prior to the final plat. He explained the regulation to the Board. He stated the next step, if approved, is to provide public notice for a public hearing to discuss this proposed changed. Chairman Stone asked if this has been used in the past. Mr. Montag stated it was used with the Two Rivers proposal. Jack Ingstad, County Administrator, stated this regulation is not for the Tree Farm but for the ball fields. 2 01-16-2001 Chairman Stone stated he has heard good remarks about the ball fields and he would like to move forward. Commissioner Gallagher moved to approve Resolution 2001-016, in the matter of amending the Eagle County Land Use Regulations, November 1998, as amended to adopt a temporary regulation amending Section 1-140C3 with respect to issuing grading permits prior to the final plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Edwards Station LLC Earlene Roach presented a new application for an Off Premise 3.2% Beer License for Edwards Station LLC, dba/Edwards Station. The first order of business is to establish the neighborhood and then the needs of that neighborhood. The applicant used the Edwards area as the neighborhood, so from the establishment in a two mile radius would be appropriate. Commissioner Gallagher moved to establish the neighborhood as from the establishment in a two mile radius for Edwards Station LLC, dba/Edwards Station. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Roach presented a petition submitted by the applicant consisting of 108 signatures, 59 from Edwards, 23 from Avon, 8 from Gypsum, 5 from Vail, 9 from Eagle, 3 from Minturn and 1 from Eagle- Vail Commissioner Menconi moved to establish the needs of the neighborhood as evidenced by testimony and the submitted petition. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Paul Golden, applicant, was present for the hearing. Ms. Roach stated all applicants are reported to be of good moral character. The application is in order and all fees have been paid. Commissioner Gallagher asked how far would someone have to go for 3.2% beer if this application was not approved. Chris Dudar, manager and part owner, stated there is a convenience store about ~ mile from this location. Ms. Roach stated Village Market also holds a 3.2% beer license. Chairman Stone asked where they would be purchasing the beer. Paul Golden, part owner, stated the beer would be stored in the same location as other beverages and paid for at the cashiers location. Chairman Stone asked how this will be controlled to not allow someone to go into Wendys with the beer. Ms. Roach stated once they purchase the beer it will be up to Wendy's and the gas station to not allow it in their establishments. Commissioner Gallagher asked if there was an opening from inside the convenience store to Wendy's. Mr. Golden stated yes. He related on every shift they have a supervisor on duty and Wendy's has a supervisor on duty. They work in tandem. He stated no one will be allowed to leave the convenience store with beer and go through the opening into Wendy's. Ms. Roach stated there is a law in the liquor code which states there is no public consumption of alcohol in a public place. However that does not apply to 3.2% beer. Chairman Stone stated this seems to be an odd application to not include Wendy's. 3 01-16-2001 Ms. Roach reminded the Board there is an establishment in EI Jebel with a convenience store and a Wendy's, with an opening between the two. Commissioner Gallagher asked about what hours the beer is permitted to be sold. Mr. Dudar stated from when they open to midnight and also on Sundays. He stated they open at 6:00 a.m. Commissioner Gallagher asked if they anticipated on staying open for 24 hours. Mr. Dudar answered no. Commissioner Gallagher asked if the beer was going to be locked during the hours in which they cannot sell the beer. Mr. Dudar stated the coolers are equipped with locks and they will be locked when not selling. Commissioner Gallagher asked how many employees do they have. Mr. Dudar stated there are three supervisors and 12 clerks. Commissioner Gallagher asked if they had been TIPS trained. Mr. Dudar stated they are planning on instituting TIPS training for all staff. He is currently TIPS trained. Commissioner Gallagher asked if the applicant has video security in the store. Mr. Dudar answered yes and they are recycled approximately once a month. Chairman Stone stated other applicants have added the TIPS training to their employee handbook. Commissioner Menconi moved to approve a new 3.2% Off Premise Beer License for Edwards Station LLC, dba/Edwards Station. Commissioner Gallagher seconded the motion. The vote was declared unanimous. National Wild Turkey Federation Earlene Roach presented an application for a Special Events Permit for the National Wild Turkey Federation for January 27,2001 from 5:00 p.m. to 10:00 p.m. at the Eagle County Fairgrounds Exhibit Hall. Jim Miller, applicant, was present for the hearing. He introduced Robert Kern. He stated this event has been held three times previously. He stated Captain Wilson has given his blessing and will provide one or two officers for this event. Steve Carver will be providing the food. Chairman Stone asked who is serving the alcohol. Mr. Miller stated they will only serve from the bar area and there will be one person who serves. He stated volunteers will be monitoring this event. Chairman Stone asked if the applicant knows the regulations governing special events. Mr. Miller stated he does not know all the regulations but knows this event is held within that structure, no one will leave with alcohol nor will they be allowed to enter. Ms. Roach stated the regulations stated no one can bring alcohol onto the premise, leave the premise with alcohol, they cannot serve minors nor can they serve intoxicated individuals. Commissioner Gallagher asked about the map. Ms. Roach explained they will only be serving at the exhibit hall. Commissioner Gallagher moved to approve a special events permit for the National Wild Turkey Federation for January 27, 2001 from 5:00 p.m. to 10:00 p.m. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 4 01-16-2001 SUS-00009, Eby Creek Cliff Simonton, Planner, presented file number SDS-00009, Eby Creek. He stated this matter was tabled by the Planning Commission to January 17,2001 and the applicant is requesting the Board table this matter to February 6, 200l. Commissioner Gallagher moved to table file number SDS-00009, Eby Creek, to February 6, 2001, at the applicants request. Commissioner Menconi seconded the motion. The Vote was declared unanimous. 1041-0030, SSA-0008, PDP-0015, ZC-00035, VIS-0012, SD-0020, Adams Rib Frost Creek and 1041-0033, SSA-00I0 ZC-00037 and PDSP-00012, Adams Rib Ranch Ray Merry, Environmental Health Officer, presented file numbers 1041-0030, SSA-0008, PDP- 0015, ZC-00035, VIS-0012, SD-0020, Adams Rib Frost Creek and 1041-0033, SSA-00I0 ZC-00037 and PDSP-00012, Adams Rib Ranch. Chairman Stone stated the purpose of todays meeting is to set hearing dates for the above files. He stated Barbara Green was hired as a mediator between Adams Rib and the Town of Eagle to try and solve this matter and get it back into the Town. Jim Fritze, County Attorney, stated the Board could set the 1041 application for Board deliberation and decision. Time would have to be given to the new Commissioner to review the numerous hours of previous meetings. If the hearing is determined to be closed the Board has 120 days to render their decision in writing. Chairman Stone stated the Board has two options, the applicant can request the hearing remain open, ifnot the Board can take from 2 weeks to 120 days to render a decision. If the applicant does not request to continue the hearing the Board would set a hearing date. Mr. Fritze stated the Board can continue this matter as many times as they would like within the 120 days but a written decision shall be made within that time frame. Chairman Stone stated the Town of Eagle is present and the Board did receive a letter from them. Fred Kummer, applicant, stated he would like to take about 15 minutes for a presentation of where things are currently, He stated everyone worked very hard and Barbara Green was wonderful. He stated he would like to either withdraw the 1041 or amend the application but will defer that until his attorney can be present. He gave a presentation and pointed out on various maps the changes they have committed to do to the original application. They have proposed the 275 homes on the Ranch property classified as affordable will be annexed into the Town. The public land will go to recreation and 40 acres will go to the school. The clubhouse will be built by the applicant which will go over to the authority. There will be a fire and ambulance building. The rest of the Ranch will be built as planned. They propose two 35 acre parcels on Salt Creek will be held out for sale as 35 acre parcels. The rest of the land would be in some sort of public land to be turned over to a public entity. He continued to explain the proposal. Chairman Stone remarked that in his two years as County Commissioner, things have changed dramatically, since, East/West Brush Creek is no longer part ofthe negotiations. It has now been purchased and is in the hands of the public. He spoke to offering Jim Fritze to act as a mediator and what has changed is the Salt Creek development proposals have been changed to show less impact. He spoke to the timing issues in relation to Eagle Ranch. He stated they've come a long way in the two years and he thinks that Mr. Kummer has come a long way with the Town of Eagle. He does not think they would have gotten this far without serious good faith efforts. He confirmed from this point forward, Mr. Kummer is interested in proceeding down a non-traditional course which would be a collaborative process between the three parties with Adam's Rib as the developer, the Town of Eagle and Eagle County. 5 01-16-2001 Mr. Kummer stated no. He would like to go through their process with the County and the Town making their statement to the Commissioners and then the Commissioners will have to decide what they think works. If they can't live with what is ultimately approved, they will have to change. He does not want to see this be a three party problem. Chairman Stone stated the Commissioners have not been privy to the negotiations and are largely in the dark in that regard. He suggested what they have approval for is an existing sketch plan for Frost Creek. The sketch plan approval for the Ranch has expired. Mr. Kummer agreed. Chairman Stone stated so now there is a combined file. He asked what the intent is regarding the process he hopes to go through to gain approval on all the properties. He suggested this is a global solution to all the property owned. He asked ifhe is proposing to leave the sketch plan on Frost Creek and leave the Ranch as a separate approval process. He asked about Salt Creek. Mr. Kummer suggested there isn't any zoning required for Salt Creek and the equestrian would go to the public. Jim Fritze stated if offered by the applicant with another file it could be included. Chairman Stone asked if there is any other property that is not being included other than the Ranch, Salt Creek and Frost Creek. All agreed that was it. Chairman Stone stated he would need to move forward on the preliminary plan on the Frost Creek property at the same time as the sketch plan on the Salt Creek. Randy Cloyd, Adams Rib Development, suggested they might withdraw the 1041 application. Mr. Kummer stated they would submit a 1041 for all the property. Chairman Stone stated they are expecting to get a report from Barbara Green within two weeks. She will come in person to be available for questions. He suggested they will want to do that before making any final conclusions. Commissioner Gallagher asked if there was value in further mediation. Mr. Kummer suggested he doesn't think so and believes Ms. Green concurs. Ed Sands, attorney for the Town of Eagle, suggested he, Mayor Powell and Ms. Deanne would like to speak. He suggested Mr. Kummer has done a good job in summarizing what did transpire. He suggested there is much that has been agreed to but as much that has not been agreed to. He stated at the beginning of the negotiations the Town has insisted that all of the area be annexed including the Ranch and Frost Creek. What they heard from Mr. Kummer is their willingness to allow the land use process to go through the County and then after approval there would be annexation of the housing and golf course. At some point in time they are insisting on annexation of the additional land. He spoke to the occupation tax and sales tax. He spoke to the offer of the delayed annexation. The Town would like it to occur sooner and they would like further discussion on that. He thinks Mr. Kummer described impact mitigation, including emergency services, impact fees, and street impact fees, without being charged twice. He would pay the fees by contract. One important impact issue that has not been agreed to is the traffic cumulative effects of Eagle Ranch and the Kummer developments would require the four lane as it passes through Eagle Ranch. Eagle Ranch has dedicated right of way through their project. The issue is who is going to pay for the widening. They think that the trips generated by Adam's Rib that they should pay the costs of widening. Mr. Kummer has not agreed to that widening of Sylvan Lake Road. Otherwise they have reached agreement on impact and still have some agreements on water rights and water service. He thinks they can come to agreement on that part. However, they have not agreed to issues around the land use. The Town has always agreed to the densities on the Ranch, perhaps not on Frost Creek. The problem is where the densities are located and how they will be phased. There are also some riparian issues and issues on Sylvan Lake Road. Finally there is the issue of the proposed Adam's Mark Hotel and the architectural design. It is considerably higher than what the ordinances allow. They have a concern with the presentation that all can agree on. The Town Board has said they will only sign 6 01-16-2001 an agreement if some of the changes in land use are made. Although Mr. Ferguson has prepared a waste water service agreement and that generally it is okay, it does contain the backup clauses. He suggested that once the two entities have signed the agreement it provides that if there were additional conditions added that either the applicant or Town didn't like, the agreement would be terminated. He understands that the agreement would only go into effect if they in fact agree on the land use issues. He suggested they would consider further mediation to be helpful whether with Ms. Green or someone else. He suggested some sort of land use planner would be helpful to address some of the bottom line kinds of concerns and provide some new ideas. Chairman Stone asked on a scale of 1 to 10 with one being not even close, where would he put them on the scale. Mr. Sands responded about 5 or 6. Some of the mitigation issues were successful but much of the zoning is still an issue. He stated legally they are more at a nine. Willie Powell, Town Manager of Eagle stated they have come along way in addressing mitigation. He stated the four lanes through Eagle Ranch has not been agreed upon. Mr. Powell stated he thinks they are in good shape on mitigation. Where they are not in agreement is with the land plan. He stated Mr. Kummer has shown no desire to make changes in the plan and they believe those are necessary. The changes they deem necessary in the land plan are as follows. They think the development plan is primarily geared for second home owners. He stated they would like to see middle income and attainable housing. They would like to see housing shifted in location so that it would be in better balance with the Master Plans. Much of the density is centered around the hotel and golf course. They have had substantial discussions on phasing. He stated one of the first things in phasing is development as far south as the Ridgway property. Their proposal is to allow out from the Town and back from the clubhouse but the areas to the south to come at later phases. He spoke to infrastructure and maintenance. Other things they have not agreed upon are effects on the riparian area. The golf courses have been designed around the riparian areas not avoiding them. They have concerns with setbacks on the Brush Creek Road, which has been achieved in some areas but not in others. He spoke to the height and character of the hotel and some agreement is still needed. Some of the things are substantial and some not, but they think they are the kind of things that are in better balance in the community and end up being a better project. They are willing to have more mediation. What they need is another face with respect to land planning. He suggested getting the parties together and read the Master Plans and find the relevancy. He stated a lot of people don't think the 35 acre development is too bad, but there is value in having the development done by a single developer and having unification. They are willing to see this through but they will require some changes. Roxie Dean, Town Mayor, sated she does agree with the assumption that in order for this to work it would have to be a three way agreement. She suggested on a scale of 1 to 10, perhaps a 6. She suggested that two years ago there was no development in Salt Creek. She stated they want that deed restricted. On the annexation they decided to give in. She believes there is more to be worked out through mediation. They have allowed for growth beyond the 20 year boundaries, but some of the changes are very important. There is a big advantage with dealing with one developer than with 35 acre parcels. It takes much longer to do that. Chairman Stone reminded the public we are still in the 1041 process. Mr. Kummer stated he doesn't want to sound belligerent and has tried to be as flexible as he possibly can. He suggested in terms of probability of success they are far from a 6. He suggested they have approached each issue with how they can solve it. He can not say that the Town has done that or changed their perspective on anything. He spoke of Bud Gates and an instruction to go back to the Town. He stated they have done that and the time for additional conversation has truly passed. He does not want to take part in further mediation and believes the Commissioners are the mediators in this case. He stated the difference here is the vision. Those may be irreconcilable differences of opinion. They believe the development they are offering would provide a greater breadth. He does not believe it would 7 01-16-2001 be a second home community. He spoke to his place in Arrowhead. This would be for a certain segment of population, housing wise it is diverse in scale. He spoke to the land planner and that no one would reasonably call Aspen Glenn a second home development. He spoke to discussions on phasing and with the enormous consideration that he has made in dollars. They have to keep a variety of market available at the same time. He stated not that he is wanting to be critical but if you look at the Terrace, you see pressure, the Terrace, pressure, etc. They are trying to develop simultaneously a place for people to keep their stuff. He spoke to the larger parcels to the south. He stated the cash must be balanced. He stated they are a substantial company and have the capacity to do this. Most developers could not do this. They agreed to 100 units per year and they agreed phase one would include the housing on the first golf course. The hotel is 120 units with some private facilities on the top floor. It would include some meeting spaces. He stated they hope to create a place to dine in the valley. The hotel is a central element to the whole thing. He spoke to the riparian rights and the set backs. They have reached agreement within the County and he does not believe the wisdom of the three elected officials is to hear . them and the Town and to render a decision. He suggested they are at the point that is the only logical means. He is ready, willing and able to accept the decision of the Commission. He stated that they would love to do this project but they would have to do it in a way that makes sense. This is not a resort. It has some upper scale housing. Chairman Stone stated he would open this up to questions for the other Commissioners, but they would like the opportunity to meet with Barbara Green and that Mr. Kummer would like to meet with Mr. Ferguson. Chairman Stone stated they will not be able to get together with Ms. Green for two weeks. The first issue they have to address is either to continue the hearing at the applicant's request, to make a decision on the 1041 hearing process. Or they can close the hearing and determine a period of time to make a decision. He stated he also needs input on the consideration of the mediation process and whether this is in a private mediation process or a public hearing process, they will still be hearing from the Town both in Planning Commission and in Commissioner meetings. He suggested there is some real value to be gained in the private mediation. Commissioner Gallagher asked if they have a horse and cart problem. He suggested Mr. Kummer spoke to going in with water and sewer but they can withdraw if the Town doesn't like the plan. Chairman Stone stated that is a technical question and wonders how it can be accomplished. Jim Fritze suggested it is a question that should not be answered. Chairman Stone asked for a date to continue the hearing. Ms. Green would be available on the 30th. He asked ifthey can meet on the 6th and if that is agreeable with Mr. Kummer. Mr. Kummer stated he can. Commissioner Gallagher moved to continue files 1041-0030, SSA-0008, PDP-0015, ZC-00035, VIS-0012, SD-0020, Adams Rib Frost Creek and 1041-0033, SSA-00I0 ZC-00037 and PDSP-00012, Adams Rib Ranch until February 6, 2001 for setting a public hearing. Commissioner Menconi seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until January 23,2001. Attest: Clerk to the Bo ~.~ Chairman 8 01-16-2001