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HomeMy WebLinkAboutMinutes 08/20/13 PUBLIC HEARING August 20, 2013 Present: Sara Fisher Chairman Jill Ryan Commissioner Keith Montag County Manager Bryan Treu County Attorney Ms. Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Kathy Chandler-Henry Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of August 19, 2013 (Subject to Review by the Finance Director) John Lewis,Finance 2. Colorado Department of Public Health and Environment, PSD-WIC Contract Routing#14-58761 Jennie Wahrer,Health&Human Services 3. Amendment No. 1 to Contract Dated May 14, 2013 between Jviation,Inc. and Eagle County for Design Services for Airport Snow Removal Equipment Building Rick Ullom,Project Management Commissioner Ryan moved to approve the Consent Agenda for July 20, 2013, as presented. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Fisher opened citizen Input. Taylor Joseph Guardarian spoke to the board. He wished to video the board for documentation purposes. He stated that he was present to advise the board about his organization called"Open Source Citizen Control of Eagle County". The organization was a specialized governmental interface, self-evident as being appointed representation for acoustic citizen declarations triangulated with the terms of the directivity of time. Chairman Fisher asked Mr. Guardarian to explain the terms being used. Mr. Taylor wished to brief the board upon the statistical mechanical edifice of his organization. Chairman Fisher thanked Mr. Guardarian for providing the information and suggested he submit a briefing paper so that the board better understood what it was he was proposing and they would consider scheduling a future meeting. Mr. Guardarian stated that the board would be emailed. Chairman Fisher closed citizen input. 1 08/20/2013 4. Agreement for Distribution of 2012 National Forest payment between Eagle County and Roaring Fork School District RE-1 John Lewis, Finance Mr. Lewis spoke about the money received from the federal government in lieu of the property taxes not received for all of the land owned by the federal government called(payment in lieu of taxes) PILT. Some of the money was for the leased payments that Vail Resorts paid to the Forest Service for the land used for ski areas. Because of a change in the law,the county could receive additional money from the government if the forest service money was passed on to the school districts in proportion to their number of enrollment. These agreements were made and those were the agreements before the board today. The resolution indicated the total amount of$550,671.24 would be distributed to each of the public schools. Mr.Montag added that the county did not designate how the money should be spent. Commissioner Ryan moved to approve the agreement for distribution of 2012 National Forest payments between Eagle County and Roaring Fork School District RE-1. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 5. Agreement for Distribution of 2012 National Forest Payment between Eagle County and Eagle School District RE 50-J John Lewis,Finance Commissioner Ryan moved to approve the agreement for distribution of the 2012 National Forest payment payments between Eagle County and Roaring Fork School District RE 50-J. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 6. Resolution 2013-077 Transferring and Distributing Revenues from the County Forest Reserve Fund, Fiscal Year 2012 John Lewis, Finance Commissioner Ryan moved to approve the resolution transferring and distributing revenues for the County Forest Reserve Fund, fiscal year 2012. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 7. 2013 Abstract of Assessment Mark Chapin,Assessor Mr. Chapin presented the reported the total assessed value at the close of 2012 and what the new assessment was following county board of equalization. At the close of 2012,the assessed value was$2, 774,843,060 that did not include the Tax Increment Finance(TIF)amount of$75, 575,980. The actual value for all real taxable property was $25,268,627,150. Commissioner Ryan moved to approve the 2013 Abstract of Assessment. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 2 08/20/2013 Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 8. APPLICANT: Beaver Creek Food Services, Inc. TRADE NAME: Spruce Saddle Restaurant LOCATION: SEC30 T5S R81W REQUEST: Report of Change DESCRIPTION: Spruce Saddle Restaurant currently has 4 Optional Premises on Beaver Creek Mountain,The Meadow"A",Red Tail Camp`B",Birds of Prey-Finish Stadium"C"and,and Igloo Bar"D". The applicant wishes to remove Red Tail Camp`B"and Birds of Prey-Finish Stadium"C". STAFF FINDINGS: 1. The application is in order,all requirements have been met, and all fees are paid. CONCERNS/ISSUES: Staff has no concerns with this request. Commissioner Ryan moved that the Local Licensing Authority approve the request by Beaver Creek Food Service, Inc. d/b/a Spruce Saddle Restaurant to remove Optional Premises B and C from their licensed premises. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 9. APPLICANT: Rink Productions, Inc. TRADE NAME: Rink Productions REPRESENTATIVE: Elizabeth Jones, Executive Assistant—Beaver Creek Resort Company LOCATION: 26 Avondale Lane—Avon, CO REQUEST: Permit to Modify(Temporary) DESCRIPTION: The applicant has requested a temporary modification for the Beaver Creek Octoberfest event planned for Saturday and Sunday,August 31 and September 1, 3013. The modification would include a section of the Park Hyatt Beaver Creek Optional Premise. The Hyatt Corporation has granted Rink Productions permission to use their optional premises,conditioned upon approval of the permit application and report of change. STAFF FINDINGS: 1. The application is in order,all requirements have been met, and all fees are paid. 3 08/20/2013 2. Public notice was given by posting a sign in a conspicuous place on the premises,August 9, 2013, at least 10 days prior to the hearing. 3. No complaints or concerns were received in the Clerk's Office. CONCERNS/ISSUES: Staff has no concerns with this request. DISCUSSION: Ms. Scriver presented the request. Liz Jones presented the event details. The liquor license boundary was being expanded in order to ease foot traffic. There was no admission cost. Commissioner Ryan moved that the Local Licensing Authority approve the request by Rink Productions,Inc. d/b/a Rink Productions to modify the premises beginning August 31 and ending September 1,2013. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 10. APPLICANT: Rink Productions, Inc. REQUEST: Special Events Permit EVENT: Beaver Creek Music Concert DATE OF EVENT: Saturday—September 21, 2013 REPRESENTATIVE: Elizabeth Jones, Executive Assistant—Beaver Creek Resort Company LOCATION: Strawberry Park,Beaver Creek Subdivision CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for an event being held at Strawberry Park in the Beaver Creek Subdivision. The event will be held on Saturday—September 21, 2013 from 5:00 pm to 10:00 pm (application times). The applicant estimates approx. 500 attendees. Beaver Creek Security and staff will monitor the access points and event boundaries. The boundary will be identified using fencing,ropes, barriers and tents. There will be 3 entrances/exits into the licensed area. All staff assigned to handling alcohol will be server trained. Beaver Creek Food Service, Inc. has granted the applicant permission to use their Optional Premises,"Strawberry Park lawn"in connection with the event conditioned upon approval of the special event permits. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on August 9, 2013, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4 08/20/2013 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. 5. Staff has had no problems with events hosted by the applicant in the past. DISCUSSION: Ms.Jones stated that this was new project. They recently signed on with a large music agent out of Nashville. They would be creating music festivals throughout the summers for the next 5 years in various locations in the village. The music would be of all genres. Strawberry Park was a beautiful location for this kickoff event. This concert was free of charge. Chairman Fisher applauded Beaver Creek Resort Company for being responsible and bringing such good things to the community. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the permit for the Rink Productions,Inc. event being held at Strawberry Park in Beaver Creek on September 21,2013 from 5:00— 10:00 pm. Chairman Fisher seconded the motion. Of the two voting Commissioners,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. 11. APPLICANT: Eagle County Charter Academy REQUEST: Special Events Permit EVENT: "Harvest Party"-Fundraiser DATE OF THE EVENT: Friday, September 6,2013 REPRESENTATIVE: David Courtney, Event Manger LOCATION: Eagle-Vail Pavilion—538 Eagle Road,Avon STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for their annual fundraiser. The event is scheduled for Friday, September 7,2012 from 5— 10 pm. This is an"adult-only"wine tasting event. Appetizers will be provided by various local restaurants. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on August 9, 2013, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. 5. Proof of Server Training is pending. 5 08/20/2013 6. Staff has had no problems with events hosted by the applicant in the past. DISCUSSION: Ms. Scriver presented the request. She indicated that the applicant was not present. This was an event held annually at the Eagle-Vail Pavilion. Chairman Fisher requested that the applicant be held accountable for providing server training. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the Special Events Permit application for the Eagle County Charter Academy Fundraiser being held on September 7, 2012 from 5—9 pm at the Eagle-Vail Pavilion in Avon. Chairman Fisher seconded the motion. Of the two voting Commissioners,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. 12. APPLICANT: Vail Valley Foundation REQUEST: Special Events Permit EVENT: US Pro Challenge Stage 4 Finish—Beaver Creek DATE OF EVENT: Thursday,August 22,2013 REPRESENTATIVE: Adam Lueck,Vail Valley Foundation LOCATION: Beaver Creek Subdivision—Lawn area, Lot 14 STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit for the US Pro Challenge—Stage 4 finish in Beaver Creek. Big Sky Restaurant Company, LLC d/b/a Beaver Creek Chophouse and the Hyatt Corporation d/b/a The Park Hyatt Beaver Creek have granted the applicant permission to use their Optional Premises conditioned upon approval of the permit. The festival area and VIP areas were carefully selected to accommodate the completion, spectators,merchants, and residences. There will be numerous entrances and exits and all will be controlled by boundary security(Lonestar). Big Delicious will staff liquor service points. ID checks and wrist banding will occur at point of sale. Beer,Wine,Champagne and Mixed drinks will be available for purchase. The liquor boundary will exist of either fencing and/or natural barriers. Food service will be available throughout the day in all areas. STAFF FINDINGS: 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on August 9, 2013, at least 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has submitted an alcohol management plan and proof of server training is pending. 6 08/20/2013 CONCERNS/ISSUES: None STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the request. Mr. Lueck explained that tour allowed his organization to pull the alcohol permit this year,a great benefit for the Vail Valley Foundation. This year the licensed footprint was smaller and most of the festivities would be around the Beaver Creek Club and near the Hyatt. There would be two types of alcohol service, 3 public concessions and the VIP Tent which would offer a full bar. The actual service hours would be 1:00 to 6:00 pm. Professional bartenders would serve the alcohol. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the Special Event Permit for the USA Pro Cycling Tour—Stage 4 Finish in the Beaver Creek Subdivision on Thursday,August 22, 2013 from 5:00 am to 9:00 pm. Commissioner Fisher seconded the motion. Of the two voting Commissioners,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. 13. APPLICANT: Mountain Dreams, LLC TRADE NAME: Café Milano REPRESENTATIVE: Peter Skarupa, Owner LOCATION: 429 Edwards Access Road Unit#A 208 and A 209 REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested the Transfer of a Hotel and Restaurant Liquor License from Falcon& Falcon, LLC d/b/a Café Milano to Mountain Dreams, LLC d/b/a Café Milano. The applicant is currently operating under a temporary permit issued by the local licensing authority,May 7, 2013. In addition to the transfer, the applicant is requesting a modification to the licensed premise,to include the grass area surrounding the patio. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicants are of good moral character 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified,will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including,but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession,by the licensee, of the changed premises by ownership, lease, rental or other arrangement; 7 08/20/2013 c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: 1. This application is in order,all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. Based on the evidence provided in the CBI report the applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicant is over 21 and fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises,August 9, 2013, at least 10 days prior to the hearing. 7. Publication is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises,which would change its usage. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all findings are positive. DISCUSSION: Ms. Scriver presented the application. She indicated that the applicant had met all the requirements for the transfer. In addition to the transfer,the applicant was also requesting a modification that would allow him to use the grass area surrounding the patio. The patio was currently licensed but it had been a challenge to keep customers off the grass. The entire area was fenced and could be easily controlled by staff. Commissioner Ryan wondered how long the patio would remain open in terms of the season. Peter Skarupa stated believed he could keep the patio until mid-October. Chairman Fisher believed the expansion was acceptable but was challenged with the visual. Mr. Skarupa believed the area was small and could be seen through all the windows. Commissioner Ryan believed it made sense from a logistical standpoint. Commissioner Ryan moved that the Local Liquor Licensing Authority, incorporating staff findings, approve the transfer of the Hotel and Restaurant liquor license from Falcon&Falcon, LLC d/b/a Café Milano to Mountain Dreams, LLC d/b/a Café Milano and approve the modification to include the grass area surrounding the patio. Commissioner Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 8 08/20/2013 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. Of the two voting Commissioners,the vote was declared unanimous. Work Session (recorded) 14. Potential Airport Funding Sources Greg Phillips,Airport 15. Northwest Colorado Council of Governments New Water Quality/Quantity Committee Co-Director Introduction and 2013 Programs Update Liz Mullen, Executive Director Lane Wyatt, QQ Committee Co-Director Torie Jarvis,New QQ Committee Co-Director 16. Board of Health Jennifer Ludwig,Health&Human Services Planning Files 17. PR-4395 Tree Farm Extension Scot Hunn,Planning Greg Schroeder, Engineering Ace Lane: Woody Ventures LLC,Applicant Dave Marrs: Woody Ventures LLC,Applicant Jon Fredericks: 1andWEST,Representative Action: The Applicant requests a two-year extension to the Tree Farm Sketch Plan for PUD-PDS-2313,which will expire on September 1,2013. Location: 401 Tree Farm Drive; located along Hwy 82, due east of the intersection of Hwy. 82 and El Jebel Road, in El Jebel. FILE NO./PROCESS: PR-4395/Extension Request PROJECT NAME: Tree Farm Sketch Plan for PUD OWNER: Woody Ventures, LLC APPLICANT: Same REPRESENTATIVE: Jon Fredericks, landWest,LLC I. EXECUTIVE SUMMARY • The purpose of this application is to request a two-year extension for the Tree Farm Sketch Plan for Planned Unit Development (PUD), File No. PDS-1567. The resolution approving the PUD Sketch Plan is attached for reference. • 9 08/20/2013 • The Sketch Plan was approved on September 1, 2009 and was valid for two (2) years. The Applicant has been granted one(1)two-year extension previously, extending the approval until September 1, 2013. Since being granted an extension, the Applicant has consistently demonstrated a collaborative approach to addressing conditions of Sketch Plan approval while developing the Preliminary Plan. • • However, in order to address a condition of approval —to redesign portions of the PUD layout to achieve enhanced aspects of sustainability, walkability and compactness — the Applicant recently started working with a consultant team experienced in designing, developing and marketing mixed-use, compact and walkable communities. This relationship has produced subtle, positive changes to the design of the project; such changes have also caused the Applicant's timeline for submittal of a Preliminary Plan to be pushed back 2-3 months,necessitating an additional request for extension. • • Staff is confident in the direction and development of the Preliminary Plan for PUD. Furthermore, the Applicant has been consistent in communicating with staff; working with staff and other agencies to address conditions of Sketch Plan approval, and; demonstrating a commitment to the successful development of the project. In this instance, staff believes the all necessary findings for approval of an extension can be met. II. BACKGROUND Background The Applicant received approval with twenty four(24)conditions on September 1, 2009 (File No.PDS-1567), for a Sketch Plan for Planned Unit Development on the Lane Property, located north of U.S. Hwy 82 in El Jebel. Despite the national and local economic downturn experienced since 2008, the Applicant has worked in good faith since the time of Sketch Plan approval with County staff to update certain aspects of the PUD design and to address several conditions of Sketch Plan approval(see attached letter from Applicant). Notably, in 2010, a request to re-zone (down-zone) the majority of the Lane Property surrounding the proposed Tree Farm PUD — from "PUD" to "Resource" zoning - was approved, addressing a condition of Sketch Plan approval aimed at precluding large areas of the Lane Property from future development. More recently, in response to another condition of Sketch Plan approval, the Applicant has worked to redesign the project as part of the Preliminary Plan and has consulted with a development team experienced in mixed-use real estate development to further refine the proposed layout and design of internal vehicular and pedestrian circulation patterns,parking and building layout and usable open space within the PUD. Likewise,the Applicant has contributed to the completion of a pedestrian underpass linking Willits Town Center on the South side of U.S. Hwy. 82 to the Tree Farm PUD on the North side of the highway. In summary,the Applicant has continued to move forward with meeting their obligations prior to submitting a Preliminary Plan application despite the relatively uncertain,but slowly improving local economy. Previous Extension Request In 2011, the Applicant was granted a two year extension for the Sketch Plan based primarily on the state of the local and national economies and real estate markets, as well as the presumption that a Preliminary Plan could be developed and submitted with the two-year time frame. From 2011 to 2012, the Applicant worked with staff and other agencies to prepare the Preliminary Plan and to address certain conditions of approval. The Applicant anticipated submitting a Preliminary Plan by July 2013, well in advance of the expiration date of September 1, 2013. In late 2012 and early 2013 the Applicant met several times with staff in preparation for the submittal of the Preliminary Plan prior to such extension expiring on September 1, 2013. Since that time, and in response to certain conditions of approval aimed at ensuring redesign of the PUD, the Applicant has retained a consultant team with specific expertise in developing and marketing mixed-use developments. 10 08/20/2013 Specifically, this team has recommended certain revisions to the phasing and development of the project, including the use of a "Form Based Code" (FBC) for the PUD. Unlike conventional land use codes (or even a conventional PUD Guide), a form based code is a regulatory tool focusing on or placing priority on the physical form of buildings relative to pedestrian and vehicular realms, rather than on approved or prohibited uses. Form Based Codes are synonymous with compact, mixed-use, walkable developments and have been linked to smart growth initiatives across the United States. Importantly, the use of Form Based Codes is encouraged by the Eagle County Comprehensive Plan,but has yet to be implemented by any projects in Eagle County. Current Request As described in the request for an additional extension(attached): "As evidenced by the work that has been done to address the Conditions of Approval of Sketch Plan, the applicant has demonstrated their dedication to the submittal of the Preliminary Plan for PUD. Through these actions, the applicant has shown a clear commitment to its long-germ vision and success of this project. The core values of the project remain unchanged: The Tree Farm will provide a replicable example of low-impact, compact, energy-efficient, and transit oriented mixed use development that is in concert with the long-term goals of Eagle County. The Tree Farm will be developed as demanded by the market. We now understand that a longer-term perspective is required, and total build-out of this project could take as long as 10 to 15 years. The applicant and project team intend to have the Preliminary Plan for PUD application submitted within the 2013 calendar year." Essentially, the Applicant has continued to work towards meeting their obligations and requirements of the original Sketch Plan, as conditionally approved, despite a sluggish but slowly improving local economy. Importantly, the Applicant has taken steps to ensure that the Tree Farm PUD Preliminary Plan and Phasing Plan is developed to respond to changing local conditions while maintaining core elements of the Sketch Plan. By pursuing a consulting relationship aimed at improving the design of the PUD Preliminary Plan, progress on the Preliminary Plan application has slowed,but is proceeding in positive directions. However, staff suggests that the. Applicant has shown continued, measured progress toward development and submittal of a Preliminary Plan application. Importantly, the Applicant has been consistent in communicating with County staff as to the progress of their planning and design efforts to ensure ongoing conformance with the intent of the Sketch Plan as well as with the requirements of the Eagle County Land Use regulations. To this end, staff believes the project still meets the standards of the ECLURs and applicable Comprehensive plan documents. The Effect of the Sketch Plan and Extension Pursuant to the Eagle County Land Use Regulations, Sketch Plans are valid for two (2) years from the time of approval. Specifically, an Applicant must submit the Preliminary Plan within such two (2) year period, or request an extension prior the expiration of the two-year time frame. In this case,the Sketch Plan was originally granted on September 1, 2009, and was valid until September 1, 2011. A two-year extension was then granted prior to September 2011 and that extension is set to expire on September 1, 2013. There is no limit stated within the ECLURs as to the number of extensions that may be granted for a Sketch Plan for PUD, 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 5-240.F.2.e(4)-Extension, of the ECLURs, the Board of County Commissioners must find as follows: 11 08/20/2013 Extension of Sketch Plan Approval. Approval of a Sketch Plan for PUD 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; Staff Response: While the sluggish local economic and real estate market conditions of the past several years can certainly be construed to be"beyond the applicant's control", the Applicant has demonstrated an ongoing, consistent commitment to developing a Preliminary Plan that responds to changing local conditions; to work with staff to address conditions of Sketch Plan approval, and; to meet their obligation to redesign the project to achieve certain development qualities associated with sustainable, smart growth principles. This has caused the Applicant to seek consulting expertise specific to the design, layout and regulation(Form Based Code) of the PUD,which has slowed the progress of the Preliminary Plan. b. The development complies with these Land Use Regulations and the Comprehensive Plan; and Staff Response: Staff believes the project still complies, or can be conditioned to comply, with the Land Use Regulations and the Eagle County Comprehensive Plan, particularly the recently updated Mid-Valley Community Master Plan. c. There is a reasonable likelihood the next step in the development application will be submitted in the next two (2)years. • • Staff Response: • Staff believes the Applicant has demonstrated a commitment to submit a Preliminary Plan for PUD application within the next 2-3 months. Based on the substantial work completed to-date to address conditions of Sketch Plan approval, and based on recent, ongoing meetings between The Tree Farm project team and staff,there is a high likelihood that the application will indeed be submitted by year's end. • • 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-4395 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-4395 if it is determined that the petition DOES NOT meet the standards outlined in Section 5-250.E.3(b) 3. TABLE the PR-4395 if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. DISCUSSION: Chairman Fisher stated that thew were only two commissioners and that the first extension request was in El Jebel. The county had received some communications from Roaring Fork residents with regards to the hearing being held in Eagle rather than the El Jebel. She wondered if the applicant would prefer having the hearing held in El Jebel. Michael Hoffman, Legal Counsel and Jon Fredericks,Planner and Dave Marks,Financial Officer and Ace Lane,the owner were present. Mr.Hoffman believed that the criteria in determining the application was narrow and had been met. He anticipated that they would be before the board during this calendar year. Any objections or concerns of the residents of the Roaring Fork Valley could be heard at the time of the preliminary application. 12 08/20/2013 Mr. Fredericks believed they were 3-4 months from submitting an application to staff for Preliminary Plan for PUD. Mr. Hunn presented the request. This was the second extension request for the file. The original conditions of approval would remain in effect. The sketch plans were valid for two years. The preliminary plan must be submitted within two years. Extensions were then valid for two years. There were no limits on the number of extensions the board may approve. The project had progressed,but at a slower pace due to the national and local recession and a recent change in the project team. The applicant had worked in good faith to satisfy the conditions of approval in preparation of the preliminary plan. Staff was confident that a preliminary plan would be submitted within 3-4 months. Mr.Fredericks spoke about the applicant's progress toward preliminary plan and reviewed the conditions that they had been working to address. Commissioner Ryan asked about the replacement housing along the river. Mr. Fredericks spoke about the mobile home park located along the river in Basalt. The park was within the flood plain and it had been a goal of the town to relocate the residents and redeveloped the site. It might be doable to offer some replacement housing. Mr.Fredericks believed there was some potential for their project to be a receiver site for some of the housing. He believed the Tree Farm project should be looked at more as the Master Plan that would be developed over a 10-15 year period. The owner had demonstrated a commitment toward the project. Commissioner Ryan understood that given the economic condition over the past through years the project had been delayed and that was the reason for the extension. Mr. Fredericks stated that the economic condition was the reason for the first extension and was one of the reasons for this extension as well. They recently brought in a market specialist to help with the design,product type and ultimately to make it a better plan. Mr.Marks stated that the market had changed over time and the Roaring Fork Valley had matured over the last 8-12 months. He believed these changes had helped them to adjust their plan to be more successful. Chairman Fisher asked the applicant if any of the past plans had gone to a higher level. Mr. Lane indicated that none had moved on. He believed the valley was changing fast and he wanted to create something that would be the best for the area. Chairman Fisher expressed appreciation for the owner's time and willingness to wait until the time was right. Chairman Fisher opened and closed public comment, as there was none. Commissioner Ryan moved to approve file no.PR-4395,The Tree Farm Sketch Plan for PUD Extension Request with no additional conditions. Chairman Fisher seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Chairman Fisher encouraged another site visit as there were new commissioners on the board. There being no further business before t :r 44 - meeting was adjourned until August 27,2013. . jel24114[321 Attest: Clerk to theBoa _�� .>> 0%R x10 Chairman 13 08/20/2013