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Minutes 07/15/14 PUBLIC HEARING July 15, 2014 Present: Jill Ryan Chairman Sara Fisher Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board 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: Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of July 14, 2014(Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for July 24,2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of the Minutes of the Board of County Commissioner Meetings for May 27 and June 10, 2014 Teak Simonton, Clerk&Recorder 4. Final Settlement of Agreement between Eagle County and Evans Chaffee Construction Group, Inc. for the Clerk and Recorder Office Remodel Ron Siebert,Facilities Management 5. Agreement between Eagle County and Ultimate Specialties,LLC for Materials Recovery Facility Repair and Maintenance Ken Whitehead, Solid Waste and Recycling 6. Memorandum of Understanding between Eagle County,Lake County and Pitkin County for Colorado Child Care Assistance Program and Infant and Toddler Quality Improvement Program Megan Burch,Human Services 7. Resolution 2014-058 Concerning Taxpayers Generated Petitions for Abatements and Refund of Taxes before the Eagle County Board of Commissioners Mark Chapin, Assessor Chairman Ryan stated that item 5 would be considered separately. Commissioner Chandler—Henry asked for an update on the infant/toddler program award. Megan Burch explained it was the same level as last year's fiscal funding. They were able to serve more children and 8 or 9 of the programs received a quality rating. Commissioner Fisher complimented all involved in the remodel of the clerk's office. Chairman Ryan asked about the final settlement for the Clerk's remodel. Mr. Siebert explained that all funds were appropriated and this was the formality to release payments to Evans Chaffee construction. 1 07/15/2014 Commissioner Fisher moved to approve the Consent Agenda for July 15, 2014, as presented, excluding item 5. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Agreement between Eagle County and Ultimate Specialties,LLC for Materials Recovery Facility Repair and Maintenance Ken Whitehead, Solid Waste and Recycling Ken Whitehead spoke about the recycling facility. The contract for Ultimate Specialties is the company that worked on the Machine X equipment and they installed and understood the equipment. Shawn Bruckman from Vail Honeywagon wondered if the company required a dual stream processing situation. Mr. Whitehead explained that there was nothing that would prevent the county from converting to single stream but the board had desired to stay with dual stream. The contract was for maintenance to the equipment. With the size of the county operation it didn't make sense to change. Ms. Bruckman stated that she had been doing research and believed that it had been difficult to have regulations for single stream recycling,with so many events requiring single stream—much of this product was going to Denver. Honeywagon would like to support the local MURPH more,but with the dual stream situation they could not. Mr.Whitehead stated that the Town of Vail ordinance did not specify dual or single stream recycling. It would cost 4—5 million range to convert to single stream. The market was still undecided on the best approach. There were economies of scale,but in small facilities it didn't yet make sense. Single stream contamination limited the possible revenue from these recyclables. Dual stream bales do not get rejected. Commissioner Fisher was also concerned about the carbon footprint and felt it would be much healthier for the community. Mr. Whitehead indicated that every truck that goes to the Front Range costs wear and tear,traffic and pollution. Commissioner Chandler Henry moved to approve the agreement between Eagle County and Ultimate Specialties, LLC for Materials Recovery Facility Repair and Maintenance Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office spoke to the board. 8. Special Event Permit-SOS Outreach APPLICANT: SOS Outreach REQUEST: Special Events Permit EVENT: Colorado Eagle River Ride-Finish DATE OF EVENT: Saturday-July 26,2014 REPRESENTATIVE: Seth Ehrlich, Event Manager 2 07/15/2014 LOCATION: Beaver Creek Landing-300 Prater.Road,Avon(Beaver Creek) DESCRIPTION: The applicant has requested a permit for the Colorado Eagle River Ride.. The post party will be held at the Beaver Creek Landing from 11 am—6 pm. There will be food prepared by Dusty Boot Restaurant and live music. Beer will be served in a commemorative pilsner glass for event participants. Lone Star will have roving security patrol the area. The applicant expects 900 attendees. 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 July 3, 2014, 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,proof of server training and properly notified the Eagle County Sheriff's Department per the requirements of the Eagle County Local Licensing Authority. DISCUSSION: Ms. Scriver spoke about the finish party for the Colorado River Ride fundraiser. Mr. Ehrlich stated it was their biggest fundraiser and was in its 13th year. They were trying to make it more of a festival finish. They were partnering with Vail Resorts and East West Partners and would have music and food for the finishers. Each rider received a free lunch and one drink. SOS was a youth outreach operation and they provided outdoor opportunities along with leadership development. Commissioner Fisher asked about securing the perimeter. Mr. Ehrlich indicated that they had a solid plan for protecting the service of alcohol. People could sign up at sosoutreach.org. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the Special Event Permit application for the SOS Outreach event being held at Beaver Creek Landing on Saturday-July 26, 2014 from *11:00—6:00 p.m. Commissioner Chandler-Henry 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 Chandler Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Eagle County Board of Equalization. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Board of Equalization Mark Chapin,Assessor, spoke to the board. 9. Resolution 2014-059 Approving Presentation of Reports of Valuation for Assessment of Taxable Real and Personal Property and List of Actions on Real and Personal Property Appeals Mr. Chapin reported the pre and post values. The Pre value was $25,293,383,140 actual value and the post value dropped to $25,254,468,880 for a minimal difference. They had the lowest appeal number, 129 real and 34 personal property appeals. To date there were only 40 appeals to the county board. This could be attributed to low 3 07/15/2014 values and a good education program. The next appraisal would be done next year in June of 2015 based on values 18 months previously. Commissioner Fisher moved to approve the resolution approving the reports of valuation for assessment of taxable real and personal property and list of actions on real and personal property appeals. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler Henry moved to adjourn as the Eagle County Board of Equalization and re- convene as the Eagle County Housing and Development Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority Jill Klosterman,Housing 10. Assignment of Agreement between Eagle County Housing and Development Authority and Nelson- Tremain Partnership to Castle Peak Senior Care, LLC for Castle Peak Senior Care Community Bryan Treu explained the assignment. It made sense to clean this up. Commissioner Chandler Henry moved to approve the agreement between Eagle County Housing and Development Authority and Nelson-Tremain Partnership to Castle Peak Senior Care,LLC for Castle Peak Senior Care Community. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Housing and Development Authority and re- convene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Fisher suggested contributions could be made and information found on the Eagle County website allowing elderly and rehabilitation individuals a place to live. Planning Files 11. PR-4952 West End PUD Final Plat Extension Bob Narracci,Planning Edwards West End Holdings,LLC,Applicant/Owner Gerry Flynn,Polar Star Development LLC, Representative FILE NO./PROCESS: PR-4952/Extension Request PROJECT NAME: West End Planned Unit Development Final Plat Extension Request LOCATION: 34083 U.S. Highway 6/Northwest quadrant of U.S.Highway 6 and Edwards Spur Road OWNER: Edwards West End Holdings,LLC. APPLICANT: Owner REPRESENTATIVE: Gerry Flynn,Polar Star Development LLC STAFF PLANNER: Bob Narracci 1. SUMMARY OF REQUEST 4 07/15/2014 The Edwards West End Holdings LLC, owner of the West End PUD, is requesting a two-year extension of the West End PUD Final Plat. This Plat is to expire on July 14,2014 unless the Board of County Commissioners grants an extension. In the event that the Board does not approve extension of the West End PUD Final Plat,then the West End PUD Preliminary Plan vesting will likewise expire. If the Board does extend the life of the West PUD Final Plat,then the West End PUD Preliminary Plan vesting will be extended accordingly. It is important to note that the owner of the West End PUD does not intend to develop the subject property as presently approved. If the Board of County Commissioners approves this request to extend the life of the West End PUD Final Plat,then the applicant's goal is to process a Planned Unit Development Amendment to reduce the project to a more suitable scale for the site,while still maintaining a mix of residential and commercial development. II. CHRONOLOGY AND BACKGROUND Chronology: 1974: Eagle County enacted zoning and applied Residential Suburban Low Density (RSL) zoning to the subject property. 2006: The Board of County Commissioners approved the West End Planned Unit Development Sketch Plan for 55-65 residential units, of which 12 were local resident units, and up to 49,000 square feet of commercial on the then 3.44-acre subject property. 2007: The then property owner acquired the 1.96-acre parcel of land adjacent to the west boundary line of the West End PUD property. 2007: In order to incorporate the newly acquired 1.96-acre parcel into the West End PUD, the owner was obliged to process a new PUD Sketch/Preliminary Plan application on the combined 5.40-acre site. (Eagle County File No. PDSP-00025). The Board of County Commissioners approved the PUD Sketch/Preliminary Plan application concurrently with a companion 1041 Permit to allow extension of existing domestic water and sewer to serve the site on September 11, 2007. The West End PUD was approved for 113 free-market residences, an additional 72 onsite local resident/employee housing units, and up to 85,000 square feet of commercial office/retail space on the first and second levels of the multi-story buildings. Parking consists of both on-grade and underground parking structures. This approval remains in place today. 2007: The PUD Final Plat application was received by Eagle County. 2008: On April 8, 2008 the Board of County Commissioners approved the PUD Final Plat. The applicant entered into an access easement agreement with the County on November 18, 2008, to utilize the adjacent Eagle River Preserve property for stormwater drainage and appurtenances originating on the West End PUD property. The access agreement provided that any amendments to the agreement shall be consistent with the terms of the conservation easement on the Eagle River Preserve property, as it may then exist or as EVLT and the County may agree to amend such conservation easement. 2009: The PUD Final Plat was ultimately recorded on July 14, 2009. Per the Eagle County Land Use Regulations, the Final Plat expires on July 14, 2014, unless the Board of County Commissioners approves this extension request. If the Board does not approve this request, then the entire PUD, and all associated vesting,will expire. 2014: Application received for this request to extend the life of the Final Plat on June 9,2014; more than 30 days prior to the Final Plat expiration date, as required by the Eagle County Land Use Regulations. Background per the Extension Request Application: 1. "When Preliminary Plan approval and Final Plat were secured in July 2009, the United States was in the early stages of the global financial crisis which disrupted 5 07/15/2014 availability offinancing, consumer confidence and real estate valuations throughout Colorado and the rest of the country. Several financial commitments and obligations to The West End were disrupted, which eventually led to a foreclosure on the property by its lender. 2. After a long and protracted process between the original owner and the lender, Bank of America, the property was eventually foreclosed in January 2011. Most institutional processes and the timelines for foreclosure, and foreclosure sales were overwhelmed at the time and it took much longer to proceed through that process than it might have in a normal financial market. 3. The property was ultimately purchased by EWEH, an entity controlled by WHI Real Estate Partners (`WHIREP') out of Chicago, in December 2011. As many transactions at the time, it took the owner a substantial amount of time to understand the property and existing entitlements, much of which was completed subsequent to the distressed sale by Bank of America. 4. WHIREP ultimately engaged Polar Star Development("PSD') to help evaluate the approved development plan and assess what changes might be necessary in executing that plan once the financial markets started to heal, housing demand returned and financing was available. As you know, these critical real estate development drivers are just showing signs of life now in Eagle County. In addition, many of the original assumptions have been impacted by the new realities relating to re-adjustment of demand, values, costs and investor expectations. And Eagle County has been slower to recover than many other parts of the state. 5. PSD is still in the process of finalizing a viable development plan going forward that we intend to file in the form of a PUD Amendment. 6. The current development plan complies with the Land Use Regulations and the Comprehensive Plan of Eagle County, as well as the existing Edwards Area Community Plan dated 2003, as evidenced by The West end PUD Guide dated October 30, 2007. The Edwards Community Plan is in the process of being updated to 2014 and we have reviewed the data and comments developed to date relating to that plan. We will strive to assure that requested changes to the West End PUD be consistent with the guidelines of this updated plan. 7. There is reasonable likelihood that the next step in the development application process will be in the form of a PUD Amendment request, in accordance with section 5-240(m) of the Eagle County Land Use Regulations. This request is expected to be submitted in late 2014 or 2015, but well within 2 years from the date of this extension request. " 8. Effect of the Final Plat Extension: As indicated above, if the Board of County Commissioners approves this request for extension of the West End PUD Final Plat, the West End PUD Preliminary Plan, and associated vesting, will be extended commensurately. It is understood that if this extension request is approved, then the Edwards West End Holdings LLC will file with the county a Planned Unit Development Amendment application to reduce the overall residential density and commercial square footage. The PUD Amendment application will include a new site specific development plan. In addition to the PUD Amendment, a new PUD Final Plat, reflective of the PUD Amendment, will also be required. The new PUD Final Plat may be processed either concurrent with, or subsequent to the PUD Amendment. Successful completion of the PUD Amendment and a new PUD Final Plat both must occur prior to July 14, 2016 (assuming the Board grants a two-year extension of the existing PUD Final Plat). Once a new PUD Final Plat is approved and recorded, the West End PUD will again become vested for a period of five years from the date the new PUD Final Plat is recorded in the County records. 6 07/15/2014 During this five year period, installation of the infrastructure required to develop at least fifty (50)percent of the lots, if it is a single phase subdivision, or the infrastructure required to develop the first phase of a multi-phase subdivision, if it is a multi-phase subdivision, shall be required, unless otherwise conditioned by the Board of County Commissioners as part of this request to extend the life of the presently approved West End PUD Final Plat. Once the minimum required infrastructure is installed, inspected and accepted by the County Engineer, the Final Plat for Subdivision, and Amended PUD, shall remain valid without any further time limitation. In other words,the subject property will become vested in perpetuity. III. FINDINGS Pursuant to Chapter 2, Article 5, Section 5-280.B.5.d.(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." In this instance, staff believes that the applicant has provided evidence to support each of the necessary findings. IV. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. APPROVE PR-4952 with conditions if it is determined that the petition DOES meet the standards outlined in Section 5-280.B.5.d.(3),Extension of Final Plat Approval. 2. DENY PR-4952 if it is determined that the petition DOES NOT meet the standards outlined in Section 5-280.B.5.d.(3),Extension of Final Plat Approval. 3. TABLE PR-4952 if additional information is required to fully evaluate the petition. Provide specific direction to the petitioner and staff. V. SUGGESTED MOTION AND CONDITIONS OF APPROVAL: I move that the Board of County Commissioners approve a two year extension of the West End PUD Final Plat,Eagle County File Number PR-4952 incorporating staff's findings and with the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in all public meetings shall be adhered to and considered conditions of approval. 2. The life of the West End Planned Unit Development Final Plat, recorded at Eagle County Reception Number 200914605, is extended until July 14,2016. 7 07/15/2014 DISCUSSION: Mr.Narracci presented the request. The applicant was requesting a two year extension of the West End PUD Final Plat. The owner did not intend to develop the subject property as it was presently approved but to reduce the project to a more suitable scale for the site. The plat would expire on July 14,2014 unless the board granted an extension. The application to extend the final plat was received in June. He reviewed the 3 findings. Gerry Flynn, Polar Star Development, LLC explained the reason for the request. They had been working with the new landowner to move the project forward. The biggest setback was the financial crisis. Brian Bair explained that the new owners bought it from the bank. The delay was caused by the capitol market. Mr. Flynn believed they could get things submitted within the two year time frame. Mr.Narracci stated that staff believed that the applicant had provided evidence to support each of the 3 necessary findings to grant a proposed extension. Commissioner Chandler-Henry asked what was envisioned for the property. Mr.Flynn stated that they were pursuing a mixed-use development with a grocery store anchor, 90 residential units and another retail component without extensive structure parking. Chairman Ryan wondered if the proposed grocery store would compete with the existing store. Mr. Flynn believed it would not. Mr. Bair stated that they'd been working on a couple different plans and he believed they'd be in within the next 6 to 8 months with a plan. Commissioner Chandler-Henry wondered what the benefit was to getting an extension versus starting from scratch. Mr. Bair stated that they were not proposing a change in uses. It was merely a reconfiguration of the site. Mr.Narracci stated that a PUD amendment compared to a sketch preliminary process included the same 13 findings. Both involved public hearings. There was a 1041 permit which was premised on everything approved right now. As the applicant was proposing a significant reduction,the 1041 should still be valid. Commissioner Chandler-Henry asked about the expiration dates on the other permits. Mr.Narracci stated that the 1041 permit would not expire unless the rest of it expired as well. Commissioner Fisher believed a lot had changed since the application was approved. Edwards had a very dated Community Plan. Mr. Flynn stated that the group that owned the development now was from out of state and was primarily financial investors. Commissioner Fisher stated that given the timing, it would be beneficial to allow the Edwards Community Plan to be approved first. Mr. Flynn believed the Community Plan was still a year out. His understanding of the extension was that they would need to submit and complete the final plat within the two year extension period. Commissioner Fisher asked the density and whether there would be workforce housing. Mr.Flynn stated that there would be 25-35 deed restricted units onsite. Commissioner Fisher asked about the parking and need for underground parking. Mr. Flynn stated that structured parking was extremely expensive. Commissioner Fisher believed there needed to be a lot more discussions about the future of the site. She believed that so much had changed in Edwards that starting over with a new project made sense. Mr. Bair stated that they would be updating traffic studies based on the revised density. There would be a new configuration and design but the uses would not change. Mr.Narracci stated that there would be a public process and studies would need to be updated. Commissioner Chandler-Henry asked Ms. Ayres-Oliver if she agreed with the presentation as far as the PUD approval. Ms. Ayres-Oliver agreed with staff. It was the same set of standards for sketch plan and preliminary plan approval. Commissioner Chandler-Henry reviewed the three conditions. She believed there was a credible argument that the recession was beyond the applicant'scontrol. Commissioner Fisher believed the first owner was the one that was affected by the downturn. The second owner was positively affected because they were able to buy it out of foreclosure at a reduced rate. Commissioner Chandler-Henry stated that she was considering tile piece of property and PUD rather than the specific ownership. 8 07/15/2014 Mr. Flynn believed the Land Use Regulations were speaking to the current applicant. Commissioner Chandler-Henry had no reason to believe that the new plan would be substantially different than the current use of the core area. She suggested a condition be added that shows the applicant's representation that they plan to return with an amended PUD plan. Commissioner Fisher spoke about the community input on the file and the number of conditions. She wondered if there was any community notice that this was coming up for an extension. Mr.Narracci stated that was no notice. Mr. Flynn understood that the project was in the core and needed to be consistent with the rest of the Edwards core. Chairman Ryan asked about the public notice process. Mr.Narracci stated that there was publication and notice on the property. Commissioner Fisher believed the extension process should include public notice. Mr.Flynn believed the public would have the opportunity to deliberate when they moved through the process. Chairman Ryan believed the applicant met the findings. Commissioner Chandler-Henry added the condition; that the applicant agreed to bring forth an amended PUD plan to be completed by July 14,2016. Commissioner Ryan moved to approve file no.PR-4952 West End Planned Unit Development Final Plat Extension Request incorporating staffs findings and with 3 conditions, 2 conditions proposed by staff and the 3rd proposed by Commissioner Chandler-Henry. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Work Session 12. 2014 Road Impact Fee Program Review Eva Wilson, Engineering Gordon Adams,Road&Bridge Bob Narracci, Planning There being no further business before - & & i(fatitjhe meeting was adjourned until Jul 2,20 4. Attest: ‘ .w_L./f� �_�.0 / _C:VoGer Clerk to the Board r .40eA0 * Ch ran 9 07/15/2014