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HomeMy WebLinkAboutMinutes 10/30/12Present: Peter Runyon Jon Stavney Sara Fisher Keith Montag Bryan Treu Beth Ayres- Oliver Kathy Scriver PUBLIC HEARING October 30, 2012 Chairman Commissioner Commissioner County Manager County Attorney Assistant County Attorney 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: Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of October 29 and November 5, 2012 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for November 15, 2012 (subject to review by the Finance Director) Finance Department Representative C. Amendment No. 1 to Agreement between Eagle County and AMEC Earth and Environmental, Inc. for Professional Design Services for Eagle County Bridge EAG- 301 -23.5 Replacement (Burns Bridge) Ben Gerdes, Engineering D. Contract for Sheriff's Office to Receive Federal Victims of Crime Act Funds Distributed by the Colorado Department of Criminal Justice in the Form of a Statement of Grant Award Deena Ezzell, Sheriff's Office E. Resolution 2012 -109 Ratifying Approval of Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing as Applied to 85 Marble 1141 in Edwards, Colorado Kim Williams, Housing F. Resolution 2012 -110 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Christina C. Hooper, Assistant County Attorney, Diane H. Mauriello, Assistant County Attorney, and Beth Ayres Oliver, Assistant County Attorney, to Act as Attorney in Fact for the County of Eagle, State of Colorado, with Respect to Alpine Bank Letter of Credit No. 47602033 in the Amount of $17,644.00 for the Account of Roundup River Ranch County Attorney's Office and Engineering Representatives G. Colorado Department of Transportation Colorado Aeronautical Board Division of Aeronautics grant Agreement with Eagle County for Airport Equipment Greg Phillips, Airport H. Amended Final Plat / Beaver Creek Hotel A Condominiums, Unit R -10 The intent of this Amended Final Plat is to reconfigure Unit R -10 and associated common elements within the existing Beaver Creek Hotel A (formerly known as the Hyatt Hotel) in Beaver Creek for the purpose of allowing for certain interior space modifications (Eagle County File No. AFP -3967) Scot Hunn, Planning 10/30/2012 Greg Philips thanked CDOT for the grant opportunity that allowed the purchase of 2 used snowplows. Commissioner Fisher moved to approve the Consent Agenda, Items A -H. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Runyon opened and closed citizen Input, as there was none. Commissioner Stavney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. The Gashouse, Inc. d/b /a Gashouse Restaurant #04- 66775 -0000 This is a renewal of a Hotel & Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. B. Ritz- Carlton Hotel Company, LLC & Bachelor Gulch Operating Company d/b /a Ritz- Carlton Club, Bachelor Gulch #41- 17214 -0000 This is a renewal of a Hotel & Restaurant License in Bachelor Gulch. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. C. Eagle Vail Metropolitan District d/b /a Mulligan's at Eagle Vail #04- 33003 -0000 This is a renewal of a Hotel & Restaurant License with 4 -Opt. Premises (golf course) in Eagle Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. D. Marko's Pizzeria of Edwards, Inc. d/b /a Marko's Pizzeria #06- 19233 -0000 This is a renewal of a Hotel & Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Other E. Eagle Vail Metropolitan District d/b /a Mulligan's at Eagle Vail #0433003 -0000 This is a Report of Change / Trade Name Permit. The applicant has requested a permit to change their trade name to Whiskey Hill Golf Grill. 2 10/30/2012 Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for October 30, 2012 consisting of Items A -E. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Eagle County Air Terminal Corporation. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Chris Anderson, Airport 1. Approval of the minutes from the Sept. 18, 2012 meeting. Mr. Fisher moved to approve the minutes from the September 18, 2012 meeting. Mr. Montag seconded the motion. The vote was declared unanimous. 2. Consideration of the Sixth Amendment to Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Corporation and Hy- Mountain Transportation, Inc. Mr. Anderson explained that item(s) 2 and 3 were similar agreements. Both Hy- Mountain Transportation, Inc. and Delivery Acquisition (CME), Inc. had operating concession agreements in the terminal and occupied counter space to provide shuttle and taxi services to arriving passengers. The amendment would extend each of the leases for another year. Mr. Montag moved to approve the sixth amendment to agreement for operation of ground transportation services between ECAT and Hy- Mountain Transportation, Inc. and the sixth amendment to agreement for operations of ground transportation services between ECAT and Delivery Acquisition (CME), Inc. Mr. Fisher seconded the motion. The vote was declared unanimous. 3. Consideration of the Sixth Amendment to Agreement for Operation of Ground Transportation Services between Eagle County Air Terminal Authority and Delivery Acquisition (CME), Inc. 4. New Business Mr. Anderson stated that on October 15t' they commissioned the inline baggage system. The system was fully operational and was performing wonderfully. The airport maintenance staff and TSA staff were excited about the improvements. The large scanners would be removed from the lobby area. Mr. Montag spoke about his recent visit. He thought the system was amazing and encouraged the board to visit the airport. Greg Philips stated that most of the funding for the system came from a grant frorn TSA. The true test would come December 15"'. Mr. Anderson spoke about the TSA checkpoint expansion being about 80% complete. TSA would be moving screening equipment into the new space next week. Four (4) full screening lanes would be the end result. Mr. Phillips stated that the body scanners were not x -ray machines and displayed a generic image. The two key issues that had been of great public concern, had been addressed with the new equipment. He expected that the improvements would help speed traffic through on the busy days. Commissioner Stavney asked about the landscaping plan pricing. 10/30/2012 Mr. Phillips stated that they were working with a consultant hired to put together a full bid. He hoped to have bids back by January or early February. Commissioner Stavney asked about the Master plan status. Mr. Phillips stated that they were working on the final version of Chapter 5. Javiation brought on an additional staff person to take over their master planning operation and bringing him up to speed was taking some time. They recently did a request for proposals for an air service consultant to help with an international feasibility study as well as ongoing air service development efforts to improve domestic services. Mr. Montag asked about the retail area. Mr. Anderson stated that they were on schedule to have the store ready and open for the winter season. The store would offer sandwiches, hot dogs, salads, package snacks, and bottled water. There would be a small technology center, magazines, souvenirs and things of that nature. The finished look would be similar to other improvements in the terminal. They were still waiting for pricing on some row seating that had additional receptacles. Mr. Phillips stated that they expected to be done before the start of the winter season. Ms. Fisher expressed an interest for the board to visit as a group. Commissioner Fisher moved to adjourn as the Eagle County Air Terminal Corporation and re- convene as the Eagle County Board of County Commissioner. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2012 -111 Approval of the Use of Open Space Funds for Expenditures Associated with the Eagle Valley Land Exchange Toby Sprunk, Open Space Mr. Sprunk stated that the appraisals that substantiated the values for this exchange would expire on November 9`" so it was imperative that all the signatories to the land exchange sign before this date. The project had been a long process and involved multiple players. It was a complicated transaction so he encouraged the public to call him if they had questions. The conservation project has been years in the making and would result in the permanent protection of five properties, including: The 478 -acre West Avon Parcel that would be owned and managed as open space by the Town of Avon; • Approximately 80 acres of the Avon Village parcel, north of I -70 near Post Boulevard, that would be owned and managed as open space by the Town of Avon; • The 640 -acre Colorado State Land Board property north of Berry Creek that would be added to the White River National Forest; 184 acres of private land on the Eagle's Nest Wilderness boundary that would be added to the White River National Forest; and The 160 -acre Cordillera L that would become Eagle County Open Space. He presented the criteria. The project was consistent with the intent of the Eagle County Master Plan. The properties had faced significant development pressure in the past, especially the West Avon parcel. The properties were all unique in that they would allow greater access to Federal lands. The project was an important element in efforts to secure over 1,500 acres for less than $3,600 an acre. Chairman Runyon spoke about the long process. He believed it was a good deal. He expressed support for the process. Avon Mayor Rich Carroll stated that this had been a long road. He thanked the board for their vision. He believed there were huge benefits to the community and the price was right. It was also a great opportunity to work together. Commissioner Stavney stated that he was proud to have the town of Avon as a partner. 4 10/30/2012 Commissioner Fisher spoke about the collaboration between the towns. She believed the completion of the project was a vision of long ago. She thanked everyone for making it happen. Commissioner Stavney thanked everyone for efforts. There was still a lot to be done but this completed the conservation piece. Chairman Runyon thanked everyone for his or her efforts. He explained that the local taxpayers paid only 1/3 and the rest was paid by second homeowners. Commissioner Stavney moved to approve the use of open space funds for expenditures associated with the Eagle Valley Land Exchange. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2012 -112 Approving Appropriation of Expenditures Associated with the Eagle Valley Land Exchange and Authorizing Any of the Eagle County Commissioners to Execute the Eagle Valley Land Exchange Agreement and All Other Necessary Documents to Consummate the Eagle Valley Land Exchange Beth Ayres- Oliver, Attorney's Office Ms. Ayres- Oliver stated that they were working on a couple of small changes to the language. The resolution would authorize any of the commissioners to sign on behalf of the county. Commissioner Runyon moved to approve the appropriation of expenditures associated with the Eagle Valley Land Exchange and authorized any of the Eagle County Commissioners to execute the Eagle Valley Land Exchange agreement and all other necessary documents to consummate the Eagle Valley land Exchange. Commissioner Fisher seconded the motion. The vote was declared unanimous. Planning Files FNZ -3548 Spring Creek Ranch Lot 1 Kris Valdez, Planning Department Taylor Ryan, Engineering Department Mike Suman, Suman Architects NOTE: Tabled from 2/28/12 & 3/27/2012 ACTION: Appeal of Decision: Planning Directors Denial of Finding of No Significant Impact for the Spring Creek Ranch Lot 1 Landscape Berm. LOCATION: 1210 Spring Creek Road, Gypsum area MEMORANDUM To: Eagle County Board of County Commissioners From: Kris Valdez, Planner III Community Development Department Date: October 30, 2012 RE: Update — Spring Creek Ranch 10/30/2012 The purpose of this memo is to provide an update on Spring Creek Ranch FONSI (Eagle County File No. FNZ 3548). The applicant, Mr. Selway is bringing the berm on his property into compliance with the 2006 grading permit. The grading was completed over the summer, but when the Eagle County Engineering Department surveyed the berm, it was still higher than allowed under the original 2006 grading permit. Mr. Selway was assured by his contractor that the work had been completed in compliance with the 2006 grading permit. The contractor and the County measured from two different points on the property therefore there was a one foot discrepancy in the height of the berm. Mr. Selway is having the contractor further reduce the height of the berm to bring it into compliance with the 2006 grading permit. Staff is confident this will be completed in the upcoming week. Since a FONSI is no longer required for a higher berm and the existing berm is being brought into compliance with the 2006 grading permit, the file is being withdrawn by the applicant, Mr. Selway. DISCUSSION: Ms. Valdez stated that the applicant had done work on the property but the berm needed to be brought down another foot per the Eagle County Engineering Department's measurement. Taylor Ryan stated that applicant was willing to bring the berm into compliance. The owner had not re- vegetated the berm but was required to do so. Commissioner Fisher believed that the re- seeding was important and wanted everyone to be mindful of the requirement. PDA -3869 Beaver Creek PUD Amendment Scot Hunn, Planning Department Dominic Mauriello, Applicant's Representative NOTE: To be tabled date to be determined ACTION: The purpose of this Planned Unit Development (PUD) Amendment is to amend the PUD Guide document, last amended in 1994, to change the land use designation of Lot 1, Tract M, Beaver Creek 4`i' Filing, from "Resort Services" (RS) to "Resort Commercial One" (RC1); specifically to permit residential uses on Lot 1 in the future. LOCATION: Beaver Creek PUD; Tract `M', Lot 1 (Fire Station Site); 185 Elk Track Road DISCUSSION: Mr. Hunn stated that the applicant had requested that the file be tabled until January 14, 2013. Commissioner Stavney moved to that the board table file number PDA -3869 Beaver Creek PUD Amendment until January 14, 2013. Commissioner Fisher seconded the motion. The vote was declared unanimous. PR -4001 Foster ADU Scot Hunn, Planning Department Greg Schroeder, Engineering Department Doug Pratte, Applicant's Representative 10/30/2012 ACTION: The purpose of this Plan Review is to request an extension on an existing special use pernut ZS- 0152 to construct an accessory dwelling unit on the subject property. On September 28, 2010 an approval for a 2 -year extension was granted by the Board of County Commissioners, the current extension will expire on December 11, 2012. The accessory dwelling unit has not been constructed due to economic conditions. Therefore, the Applicants are requesting an additional extension of the 2 -year time limit to improve the property pursuant to the previously approved plan. FILE NO./PROCESS: PR -4001/ Extension Request PROJECT NAME: Foster ADU LOCATION: 0795 Willits Lane, Basalt Area OWNER: Jeremy and Angela Foster APPLICANT: Same REPRESENTATIVE: Doug Pratte, The Land Studio, Inc. I. SUMMARY OF REOUEST The purpose of this application is to request a two -year extension to the previously approved Special Use to allow for an Accessory Dwelling Unit (ADU) on this 7.6 acre, Resource zoned property located along the Roaring Fork River in the El Jebel and Basalt area of unincorporated Eagle County. A resolution approving the Special Use is attached for reference. This is the second requested extension for the project. IL BACKGROUND Background The Applicant received approval, with conditions, in December, 2007 (File No. ZS- 00152), to designate the original homestead, built in 1899, as the Accessory Dwelling Unit (ADU); thus, allowing for the construction of a new, primary residence (to be capped at 5,000 sq. ft.). Development of the primary dwelling unit did not occur within the original three year vesting period for the Special Use. In November 2010, prior to expiration of the Special Use Permit, the Applicant applied for and was granted a two - year extension based on a demonstration that failure to move forward with the development of the primary residence was due to economic conditions beyond the Applicant's control and 1) that the project was not speculative in nature; 2) that the project still complied with the Eagle County Land Use Regulations and Comprehensive Plan; and, 3) there was a reasonable likelihood that the project would move forward. That extension expires on December 11, 2012. A resolution approving the extension request is attached for reference. Since the time of original approval, the Applicant has worked in good faith to address and/or satisfy certain substantive conditions of approval. Notably, the Applicant has worked with the Town of Basalt — quit: claiming property to be included in the Willits Lane road Right -Of -Way, in exchange for an access easement - to address access issues for the property and to satisfy conditions of approval. Likewise, the Applicant has completed plans for construction of the primary residence and fully intends to address all outstanding conditions of approval. In short, the Applicant has continued to move forward with meeting their obligations to the County and with planning for the project prior to commencing constructing of a primary residence on the property. Despite such efforts, the Applicant's request for an additional extension continues to be based primarily on continued local economic conditions. As described in the most recent request for an additional extension (attached): "While the plans for the primary residence are on hold, the extension request is based on the Foster's desire to retain the right to build the primary residence in exchange for retaining the original homestead built in 1899 on the property, retaining the fishing easement, and retaining the S, 000 SF floor area cap on the primary residence. The intent is not to speculate on the future of this property, but to insure that a primary residence can be built while retaining the commitments 7 10/30/2012 to keep the homestead, cap the primary residential floor area, and retain the fishing easement for the community benefit of those in Eagle County. " Essentially, the Applicant has continued to work towards meeting their obligations and requirements of the original Special Use Permit, but has not been able to move forward with the project. Importantly, the ADU (the original homestead structure) is already in place and the project to construct a new primary residence has continued to stall due to circumstances beyond the control of the Applicant. In this instance, staff believes that there is a reasonable likelihood that the project can be completed within the allotted two year time period, and that letting the permit expire achieves no strategic or planning related goals. Additionally, the project, as originally approved, still meets the standards of the ECLURs and applicable Comprehensive plan documents. The Effect of the Special Use Permit and Extension Pursuant to the Eagle County Land Use Regulations, Special Use Permits are valid for three (3) years from the time of approval. Specifically, an Applicant must act to commence the Special Use (i.e. pulling a building permit or other act that constitutes pursuit of the permitted use) within the three -year period in order to fully vest the permit. In this case, the Special Use was originally granted in December 7, 2007 and valid until December 7, 2010; an extension was granted in November 2010. The extension expires on December 11, 2012. There is no limit stated within the ECLURs as to the number of extensions that may be granted for a Special Use Permit, and all original conditions of approval (as listed on the attached resolutions) will remain in full effect upon any approval of an extension. III. FINDINGS Pursuant to Section 5- 250.E.3(b) — Extension, only the Board of County Commissioners may grant an extension, of up to two years, based on a demonstration by the Applicant that: (1) Failure to proceed with the development was beyond the Applicant's control; (2) The development complies with the Land Use Regulations and the Comprehensive Plan; and (3) There is a reasonable likelihood the Special Use will be developed in the next two years. In this case, staff believes the Applicant has provided evidence to support each of the necessary findings. IV. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. APPROVE PR -4001 with or without conditions if it is determined that the petition DOES meet the standards outlined in Section 5- 250.E.3(b) 2. DENY PR -4001 if it is determined that the petition DOES NOT meet the standards outlined in Section 5- 250.E.3(b) 3. TABLE the PR -4001 if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. DISCUSSION: Doug Pratte stated that he'd been working with the applicant since 2007 on this ADU request. They expressed a desire to extend their request for 2 years due to economic issues. The advantage to the county was that the applicant put a floor area cap on the primary residence and a fishing easement on an island in the river. They were interested in retaining this right and moving forward in the future. Chairman Runyon asked about the requirement of reasonable expectation for completion. He asked if the applicant would be coming back before the board in another 2 years for another extension. Mr. Pratte stated that there were plans in place with the property for a primary residence. 10/30/2012 Commissioner Stavney asked about the extension fees involved and whether 2 years was the maximum time that was allowed. Mr. Hunn stated that there was a 2 -year cap on the extension but there was no limit on the number of extensions. The fee was minimal. Commissioner Fisher asked how long the Fosters had owned the property. Mr. Pratte believed that the Fosters had raised their family on the property. years. Commissioner Fisher moved to approve the extension request for PR -4001, the Foster ADU for another 2 Commissioner Stavney seconded the motion. The vote was declared unanimous. Work Session (recorded) I -70 Corridor Advanced Guideway System and Eagle County Room Interconnectivity Study Update David Krutsinger, CDOT AGS Project Manager Mike Riggs, Aztec Engineering Beth Ordonez, O &V Consulting Attorney Update (recorded) Bryan Treu, County Attorney A. Open Session B. Executive Session 1. Legal advice concerning the Eagle Valley Land Exchange Agreement Manager Update (recorded) Keith Montag, County Manager 1. Communications Update 2. Information Sharing 3. Meetings Attended / Future Meetings 4. Discussion Items There being no further business before the Board, the meeting was adjourned until November 13, 2012. 10/30/2012