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Home My WebLink AboutMinutes 03/19/13 PUBLIC HEARING March 19, 2013 Present: Jon Stavney Chairman Sara Fisher Commissioner Jill Ryan Commissioner Keith Montag County Manager Bryan Treu County Attorney Beth Ayres-Oliver 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: Manager Update (recorded) Keith Montag, County Manager 1. Communications Update,Kris Friel 2. Information Sharing 3. Team Updates 4. Meetings Attended/Future Meetings 5. Discussion Items 6. County Comparable Ratios, John Lewis 7. Gypsum Recycle Center,Ken Whitehead Attorney Update (recorded) Bryan Treu, County Attorney A. Open Session 1. Request to use Freedom Pond for paddle board demonstrations B. Executive Session 1. FTE increase recommendation to present to BoCC 2. Purchase of Property for Castle Peak Senior Community 3. Legal advice concerning liquor code violation 4. Dragonfly Ranch application 5. MOU with Vail Resorts regarding Eco-Build Feed 6. Continued discussion on WECMRD ball fields relocation and lease with Lafarge Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of March 18,2013 (Subject to review by the Finance Director) Finance Department Representative 1 03/19/2013 B. Agreement between Eagle County and Alison Casias,Esq., Special County Attorney for Child and Adult Protection Holly Kasper-Blank,Health&Human Services C. Resolution 2013-025 Authorizing the Eagle County Clerk and Recorder to Conduct the Nov. 5,2013 Election by Mail Ballot, In Accordance with Colorado Revised Statute 1-7.5- 101 et seq.,the"Mail Ballot Election Act" Teak Simonton, Clerk and Recorder D. Amendment 1 to Flood Mitigation Assistance Grant Agreement between Eagle County and Colorado Department of Public Safety Division of Homeland Security and Emergency Management Greg Schroeder,Engineering E. Cordillera Subdivision,Filing No. 27, Lots 35 & 39. Amended Final Plat to vacate the common lot line between Lots 35 and 39;to combine both lots owned by the applicants and to vacate the platted building envelope for vacant Lot 39. Lot 35 has one(1) single- family residence constructed on it. (Eagle County File No.AFP-4102) Scot Hunn,Planning Commissioner Ryan asked about item C Commissioner Fisher explained the requirements. The Clerk&Recorder was required to notify the towns, special district and anyone that may choose to participate in the election that the election would be a"Mail Ballot Election". Even year elections could not be fully conducted by mail. Commissioner Fisher moved to approve the Consent Agenda, Items A-E. Commissioner Ryan seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened citizen input. Tracy Tutag,President, and Gretchen Babcock,Executive Director, from United Way,Eagle River Valley were present. Ms.Tutag spoke about the numerous non-profits in the area and the redundancy and duplication in raising funds to distribute. She hoped to promote awareness and coordination. She recently met with Rachel Oys and Rita Woods regarding Health and Human Services and an event called"The Family Connect Day". In the future United Way would like to be a part of the event. She believed it made sense to coordinate with the grant process and cut down on costs. All the funds raised by this local United Way stayed in Eagle County. They give back over 85%of the funds. As a board,they decided to focus on 3 basic areas; helping families access basic needs,accessing health care, and providing youth-education. Commissioner Fisher thought it would be great if everyone could come together and she was interested in learning more about their work with the other entities. Commissioner Ryan looked forward to working with the organization. Eleno Valez, lifelong resident of Eagle County spoke. He'd been with the Cemetery District in Gypsum for 21 years. He spoke about a disinterment situation last summer. The Sheriff's Office became involved and gave a women permission to remove remains and a headstone. The family found out and wanted to file a lawsuit against the Sheriff's Department. He was able to talk the family out of the lawsuit but wondered whose job it was to look over the cemetery and insure the proper process was carried out. Chairman Stavney asked for the opportunity to talk to the Sheriff's Office about the situation. It was on the record and he would follow up. He explained that the county simply appointed the directors of the cemetery but did not have any direct control over the governance of the cemetery. 2 03/19/2013 Mr.Valez spoke about a dog bite he received on the job in 2010. The dog bit him 4 times while on his job in the cemetery. The dog bit him in sensitive areas. He went to VA hostpital for treatment. He believed the dog was dangerous. He'd witnessed two vicious attacks on smaller dogs. Chairman Stavney stated that the Animal Services was aware of the dog and would work with the Town of Gypsum. He was not aware of those laws. He was not sure the board could provide relief for his complaints and issues. Commissioner Ryan 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 Other A. Shop&Hop#3,LLC d/b/a Shop&Hop#3 #12-90584-0000 Order to Appear and Show Cause and Notice of Hearing—Signature required. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for March 19,2013 consisting of Item A. Commissioner Ryan seconded the motion. The vote was declared unanimous. APPLICANT: Taste of Vail,Inc. REQUEST: Special Event Permit EVENT: Annual Taste of Vail Mountaintop Picnic DATE: Friday, April 5, 2013 REPRESENTATIVE: Angela Mueller LOCATION: Vail Mountain—Section 18,T 5 South,R 80, west of the 6th principal meridian. 1600 feet west of the Eagle's Nest gondola STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for the annual Taste of Vail-Mountaintop Picnic being held on Vail Mountain,April 5,2013 from 9:00 am to 5:00 pm—Actual event hours are 12:30 -3:30 pm. The event will feature wine sampling from participating wineries and food prepared and served by a number of Vail Valley restaurants. A man-made snow wall will create the boundary. Tickets are required and a professional security firm(Lone Star Security)will police the boundary. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Staff has had no problems in the past with events held by the applicant. 3. Public notice has been given by the posting of a sign in a conspicuous place on the prefnises March 8, 2013, at least 10 days prior to the hearing. 3 03/19/2013 4. There have been no protests filed with the Clerk and Recorder's Office. 5. The applicant has provided proof of server training and alcohol management plan. 6. Eagle County Sheriff's Office has been notified. DISCUSSION: Ms. Scriver presented the request. Angela Mueller stated that tickets were available at TasteofVail.com. This year there was great spring skiing. Commissioner Fisher applauded the applicant for year after of year success. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Taste of Vail event being held on Vail Mountain,April 5, 2013, *9:00 a.m. to 5:00 p.m. Commissioner Ryan seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. Commissioner Ryan moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Planning Files PR-4083 Vines at Vail PUD Extension Request Scot Hunn,Planning; Greg Schroeder,Engineering Patrick Churchillo,Applicant Dominic Mauriello,Representative ACTION: The purpose of this application is to request a two-year extension to the previously approved Final Plat for the Vines at Vail Planned Unit Development(File No. PDF-00098) LOCATION: 84 Vines at Vail Drive,Wolcott Area FILE NO./PROCESS: PR-4083/Extension Request PROJECT NAME: Vines at Vail PUD LOCATION: Wolcott Area OWNER: Patrick Churchillo APPLICANT: Same REPRESENTATIVE: Dominic Mauriello STAFF PLANNER: Scot Hunn I. SUMMARY OF REQUEST • The purpose of this application is to request a two-year extension to the previously approved Final Plat for the Vines at Vail Planned Unit Development(File No. PDF-00098). A copy of the Final Plat is attached for reference. II. BACKGROUND 4 03/19/2013 The Vines at Vail Planned Unit Development, a mixed-use PUD located north of the Eagle River in the Wolcott area, received Preliminary Plan, Zone District Amendment and 1041 approval in November, 2006 (PDP-00033; ZC-00079; 1041-0065). The Final Plat (PDF-00098) for Vines at Vail PUD was approved on November 6, 2007 and recorded shortly thereafter on November 21,2007. The PUD is approved for 31 free market residential dwelling units including seven (7) single- family lots; 11 deed restricted units for employee housing; and up to 80,500 square feet of"non-residential" uses inclusive of lodge space (up to 50 lodge units), commercial space, and flex-space on 38.5 acres. Of note, approximately 55% (21 acres) of the site is designated as open space. The PUD Guide allows for a rather comprehensive range of potential commercial, retail and residential uses focused on winery-related retail and agricultural uses, tourism, health and wellness, and lodging. The Final Plat created three tracts of land(Tracts C, E&F) for private rights-of-way and open space; fourteen(14) lots (A, B1, B2, B4, C1-C7, D1 and D2) for commercial, mixed and single-family uses, and; common area and easements. The Effect of Final Plat • Pursuant to Section 5-280 5.d,Eagle County Land Use Regulations, all Final Plats are valid for five(5) years: "d. Effect of approval of a Final Plat for Subdivision or Final Plat for PUD. (1) Length of Approval. All Final Plats for Subdivision are valid for five (5)years from the date of their issuance. The Board of County Commissioners has the option to extend these time periods. Permitted time frames do not change with successive owners. (2) Infrastructure Installed. If the infrastructure required to develop at least fifty (50)percent of the lots in a single phase subdivision or the infrastructure required to develop the first phase of a multi phase subdivision is installed, the Final Plat for Subdivision shall remain valid without any further time limitation. (3) Extension of Final Plat Approval. Approval of a Final Plat for Subdivision shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control; b. The development complies with these Land Use Regulations and the Comprehensive Plan; and c. There is reasonable likelihood the next step in the development application will be submitted in the next two (2)years. No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Final Plat for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. (am 11/08/05) (am 05/08/12)" Similar to each of the recently approved extensions, the Applicant cites the national, regional and local economies, specifically national constraints in lending and a downturn in the market for the delay in the project. In this case, the developer failed to complete the infrastructure necessary to complete 50% of the development prior to the five year time period lapsing (November 6, 2012). What is unique in this case (relative to other recently approved extension requests) is the fact that this is a Final Plat; the Applicant has taken all necessary steps, inclusive of execution of a Subdivision Improvements Agreement ("SIA") and the payment of School Land Dedication Fees (at the time of Final Plat), yet short of installation of infrastructure, to complete vesting and move forward with the project as approved in 2006. 5 03/19/2013 Staff believes the Final Plat still complies, to a substantial degree, with the current Land Use Regulations. Specifically, while certain amendments to the LURs have been approved since 2007, the standards for Final Plat have not changed. However, the criteria for the grant of extension have been modified to no longer require the Applicant to demonstrate that the request is speculative in nature. Likewise, although the PUD was approved prior to the adoption of the Wolcott Sub-Area Master Plan in 2009, such master plan makes specific reference to the Vines at Vail PUD (see attached letter from Mauriello Planning Group dated October 1, 2012). Staff believes Vines at Vail (the original PUD Preliminary Plan and Final Plat) complies to a substantial degree with the general intents, the Future Land Use Map designation, as well as specific character and appearance policies of the Sub-Area Master Plan. With regard to the time frames outlined within Section 5-280.5.d above, the Applicant did submit a written request for extension within the allotted time (in this case, 36 days prior to the expiration of the Final Plat). Staff requests for more information from the Applicant, as well as scheduling difficulties delayed setting a hearing date. Subdivision Improvements Agreement Pursuant to the ECLURs, the Applicant and the County entered into a "Subdivision and Off-Site Improvements Agreement", or"SIA", concurrent with the Final Plat approval on or about November 6, 2007. The SIA provided a cost estimates and a guarantee for all public improvements to be constructed within the development. Although none of the engineering specifications for(Vines at Vail) infrastructure have changed since the Final Plat was approved, staff suggests that, subsequent to any extension granted for the Final Plat,the SIA should be updated to reflect all current "probable costs" of required public improvements (i.e. landscaping, roads, water and wastewater). Extension Request Process Requirements Unlike most land use files,a request for extension does not require referral to outside referral agencies. Importantly, there is no public or adjacent property owner notice,or review by the Planning Commission. Therefore, this report will not contain typical sections describing "Referral Responses" or "Planning Commission Deliberations". Lastly, in the event that the Board does not extend the Final Plat, the Board will have likewise not extended the PUD Preliminary Plan. The Board will then be required to initiate a hearing pursuant to Sub-section 5-210.H — Extinguishment of Approvals (attached), to determine whether to extinguish the Preliminary Plan for PUD and the Final Plat for Subdivision. III. FINDINGS Pursuant to Section 5-280.5.d(3) —Extension of Final Plat Approval, the following findings must be made by the Board in order to approve the extension request: That, a. Failure to proceed with the development was beyond the applicant's control; b. The development complies with these Land Use Regulations and the Comprehensive Plan; and c. There is reasonable likelihood the next step in the development application will be submitted in the next two (2)years. • In this case, staff believes the Applicant has provided reasonable evidence to support each of the necessary findings. IV. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. APPROVE PR-4083 with or without conditions if it is determined that the petition DOES meet the findings outlined in Section 5-280.5.d(3) 6 03/19/2013 2. DENY PR-4083 if it is determined that the petition DOES NOT meet the findings outlined in Section 5-280.5.d(3) 3. TABLE the PR-4083 if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. V. SUGGESTED CONDITIONS: 1. The Applicant shall work with Eagle County staff to update the Subdivision and execute a new Off- Site Improvements Agreement by July 1,2013. DISCUSSION: Mr. Hunn presented a PowerPoint slideshow highlighting the project and history of the request. The Final Plat for this application was approved on November 21, 2007. Commissioner Fisher wondered about the timing of the Plat approval. Mr. Hunn spoke about vesting regulations. He explained that the PUD and Final Plat were approved with a housing plan,wildlife mitigation plan, subdivision, and off sites improvements agreement. These approvals were valid for five years from the date of issuance. He provided a time chart related to current vesting regulations. There was in essence a 10-year total vesting allowance. Chairman Stavney stated that once the next phase was completed it became a different vesting clock. Final Plat allowed 5 years. Commissioner Fisher wondered about the resolution related to the final plat and felt that when the resolution was approved it started with the date in 2006. The requirement was that the approval be amended back to the date of approval. Mr. Hunn spoke about the findings that allowed the board to grant extensions if circumstances were beyond the applicant's control and to ensure the development complied with the Land Use Regulations in effect and the Comprehensive Plan. There must be a reasonable likelihood that the next step in the development application would be submitted within the next two years. In summary the project had not progressed due to the national and local recession. The request was based on compliance with Land Use Regulationss and Comprehensive Plan and there was a reasonable likelihood that the project construction would commence within two years. Staff believed that the final plat was still in compliance and the only condition recommended by staff was that a new subdivision improvements agreement be crafted. He presented the board' s options. Commissioner Fisher asked if the plan still complied with the master plan. Mr. Hunn stated that the plan did comply with the master plan. The master plan made reference to the development and contemplated it in specific statements,policies, and strategies. Chairman Stavney spoke about the findings and the fact that the economy was one the board had a difficult time disapproving.He understood that staff believed the development complied with the master plan.He encouraged the applicant to focus on the reasonable likelihood arguments necessary for the findings. Commissioner Ryan asked if there had been any changes to the proposal with regards to current Land Use Regulation updates. Mr.Hunn stated that proposal complied fully with the Land Use Regulations. Dominic Mauriello presented a PowerPoint presentation detailing the project. He believed the project was a unique and special project. He reviewed the approval history. The file was unanimously approved by the BoCC in November of 2006 but did not carry forward a positive recommendation from the Planning Commission at the time. The applicant was requesting a two-year extension. He presented a project overview and some images detailing the Tuscan style architecture. He believed the Wolcott project and Vines at Vail project would complement one another. Millions of dollars had been put into the project so far. To lose all of that if an extension were not granted seemed like an aggressive move. The recession limited construction loans. He presented recent examples of the market improving. The project was found compliant with the Land Use Regulations and comprehensive plan in 2007. Vines at Vail was mentioned 9 times during review of the Wolcott plan. He believed this was a beneficial project and would benefit the community. The applicant believed the project was clearly 7 03/19/2013 contemplated and clearly integrated and would move forward.He wondered what harm would come to Eagle County from granting a two year extension. Patrick Churchillo stated that this had been a dream of his and he had put all his money into the project. He believed he had played by all the rules. He wanted to move forward and believed that in the next 18-20 months he could have his infrastructure in. He asked that the board give him another chance and approve his request for an extension. Chairman Stavney asked about the commercial uses and the medical tourism destination type uses mentioned. Mr. Churchillo stated that they had one interested party. There were 24 live-work spaces available. Chairman Stavney opened public comment. Peter Runyon stated that he heard the file as a county commissioner and expressed some reservations. He believed that Wolcott should be developed as a whole. To have two competing commercial areas so near one another wasn't good planning. Tony O'brien, local realtor spoke. He expressed support for the project. He believed the project was exciting and fun and would create jobs. Jon Kucutiz, Edwards resident spoke. He supported the project 100%. Joe Frasco expressed support for the project. He believed that the proposal would work well with the community. He believed that Mr. Churchillo was proposing a unique proposal. He did not agree with Mr. Runyon. Jena Skinner-Markowitz,professional planner and local believed the project was a unique opportunity to visit something that was not the same—it was its own little place. The industry was tourism and this was something different to do and experience. She encouraged diversifying the economy and this project was an opportunity to do that. Commissioner Fisher stated that a lot of time had passed and a lot had changed in Wolcott. She wondered if there was value in having the proposal go before the Planning Commission for review to identify any shortcomings,water being one of the significant issues. Mr.Mauriello stated that the Wolcott master plan already included Vines at Vail. He believed that there were opportunities for the Wolcott project to integrate. If the final plat were not extended, all the permits would be lost. The applicant had everything in-place to make this a successful project. Mr. Churchillo stated that he had water rights, enough to handle his project. The density was low, 250,000 square feet. Commissioner Ryan asked about the 3 criteria needing to be consider. She wondered about the next step. Mr. Hunn stated that the infrastructure to complete the first phase was required. Commissioner Ryan asked Mr. Churchillo to explain the financial feasibility in terms of the infrastructure within the next couple of years. Mr. Churchillo stated that banks were starting to open up their doors and he owned the property free and clear. Commissioner Fisher spoke about the"for sale"sign on the property and wondered if the project was for sale. Mr. Churchillo stated that he was looking for partners. Chairman Stavney believed that things were improving and given the time and money spent, it was a good time to move forward. He spoke about adding a soft condition requiring a pedestrian connection between Vines at Vail and the Wolcott PUD. Commissioner Fisher wondered if an extension were granted whether it could be conditioned on the property ownership remaining in the current ownership for at least 50%of the current ownership. Ms. Ayres-Oliver stated that she did not believe the board could require such a condition. In addition,the point earlier about Planning Commission review,this was also not part of the process. The board could only consider the 3 standards and the testimony presented. Commissioner Ryan moved to approve file no.PR-4083 Vines at Vail PUD Extension Request with the suggested condition to work with staff to update the subdivision and execute a new offsite improvement agreement by July 1, 2013 and including a soft condition that encourages the applicant to link the project with the Wolcott PUD. 8 03/19/2013 Commissioner Fisher seconded the motion. The vote was declared unanimous. Work Sessions (recorded) ECO-Build and Energy Smart Updates Adam Palmer and Yuri Kostick, Environmental Health s There being no further business before t - -. . eeting was adjourned until March 26, 2013. • sza_ pLAttest: Clerk to the Boar. "" Chairman P4 © 9 03/19/2013