Loading...
Minutes 12/16/14 PUBLIC HEARING December 16, 2014 Present: Jill Ryan Chairman Kathy Chandler-Henry Commissioner Rachel Oys Interim County Manager Beth Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Sara Fisher Commissioner 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 Weeks of December 15 and December 22,2014(Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for December 25, 2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of Minutes of the Board of County Commissioner Meetings for October 14, October 21, October 28, and November 3, 2014 Teak Simonton, Clerk and Recorder 4. Final Settlement of Contract with Maxwell Asphalt, Inc. for Improvements to the Eagle County Regional Airport, Schedule I: Taxiway Pavement Maintenance and Schedule II: Runway Pavement Maintenance,AIP Project No. 3-08-0020-52 Rick Ullom,Project Management 5. Agreement for Professional Services between Eagle County and Corona Insights for Child Care Center Assessments Toni Rozanski,Human Services 6. Resolution 2014-100 Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners for Fiscal Year 2015, and Establishing Days and Office Hours to Transact County Business for Fiscal Year 2015, and Designating Legal Holidays for Fiscal Year 2015,and Establishing Bi-Weekly Payroll Schedule for 2015 Sharee Wettstein,Administration Chairman Ryan spoke about item six. The board had a discussion regarding the scheduled 201.5 holidays and it was decided that the county would no longer celebrate Columbus Day. The board chose to take the Columbus Day holiday and move it to July 3rd giving employees a three day weekend. Commissioner Chandler-Henry stated that Eagle County was on the high end for number of holidays and hoped that everyone would enjoy the new schedule. Commissioner Chandler-Henry stated that item four was being pulled from the Consent Agenda. 1 12/16/2014 Commissioner Chandler-Henry moved to approve the Consent Agenda for December 16, 2014, as presented, excluding item 4. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. Business Items 7. Agreement between Eagle County and Oldcastle SW Group for Road Sanding Materials Gordon Adams,Road and Bridge Mr.Adams stated that the item was budgeted. Commissioner Chandler-Henry moved to approve the agreement between Eagle County and Oldcastle SW Group for road sanding materials. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 8. Amendment to Contract to Buy and Sell Real Estate between Eagle County and the Conservation Fund for the State Bridge Landing Property,Two Bridge Property,and the Dotsero Landing Property Toby Sprunk, Open Space Mr. Sprunk explained that the original goal of the Colorado River Conservation Recreation Plan was to buy the properties, fix them up and convey them to BLM. The amendment would extend the existing contract, allowing BLM an additional three years to engage the Federal Government through the Land and Water Conservation Fund to raise money for the purchase of the properties. The properties were already managed by BLM. Commissioner Chandler-Henry moved to approve the contract to buy and sell real estate between Eagle County and the Conservation Fund for the State Bridge Landing property,Two Bridge property, and the Dotsero Landing property. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous 9. Contract Agreement between Eagle County and Concrete Works of Colorado,Inc.for Construction of Eagle County Regional Airport Apron Reconstruction Schedule I and II Rick Ullom, Project Management Mr.Ullom stated that the project began in 2011. The project would remove and replace the aircraft apron in front of the terminal. The project would cost about$21 million. The second phase in the project was funded by a grant from the FAA in 2012.The entire project was bid out and the total cost of all schedules was less than $16 million. Approval would allow for the construction of a batch plant and construction would begin in May. The grant money covered 90%of the total project. Commissioner Chandler-Henry believed that the airport was important and improvements were necessary for the airport to stay at a National level and remain a destination of choice for travelers. 2 12/16/2014 Greg Phillips stated that he had a strong inclination that there would be a potential secondary grant from CDOT that would pay for a portion of the improvements but this had not been confirmed. Commissioner Chandler-Henry moved to approve the Contract Agreement between Eagle County and Concrete Works of Colorado, Inc. for Construction of Eagle County Regional Airport Apron Reconstruction Schedule I and II Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Chairman Ryan moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Air Terminal Corporation. Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Air Terminal Corporation Greg Phillips,Airport 10. Eagle County Air Terminal Corporation 2015 Budget Mr. Phillips stated that they anticipated higher income overall in 2015. The debt service ratio was expected to be at 1.79. The budget had stayed flat for the last year but concession and rental car revenue had gone up. There were currently only four major air carriers in the system; United,Delta,American,and Southwest. They considered the airlines efforts to consolidate and improve capacity when looking at the budget. Overall, expenses had been cut and revenues had increased. There were a few capital projects in the works for the coming year. They were looking at improving areas within the terminal and some roadway improvements. Smaller projects include updating the baggage carrousels,HVAC system improvements,internal security cameras, and a solar panel project. They had an overall net income of$1.5 million and a positive cash flow of$740,000. He believed it was a good budget and looked forward to 2015. Commissioner Chandler-Henry asked who paid the TSA space lease and salaries. Mr.Phillips stated that the lease and salaries were paid through the federal government. Commissioner Chandler-Henry asked about the item called PFC receipt, for$550,000. Mr.Phillips stated that it was the Passenger Facility Charge, a federally authorized charge per passenger. It was $4.50 per passenger. Commissioner Chandler-Henry asked about paid parking. Mr.Phillips stated that since paid parking had not been confirmed, it had not been included in the 2015 budget. They were considering some areas of paid parking which would bring in some revenue to maintain the road and parking lots at the airport. This proposal would be brought to the board in the coming weeks. Chairman Ryan asked Mr.Lewis to explain why ECAT was a separate entity. Mr. Lewis stated that ECAT was bonded and a separate enterprise fund. Commissioner Chandler-Henry moved to approve the Eagle County Air Terminal Corporation 2015 Budget as presented. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Mr.Phillips stated that the county manager had historically been appointed the secretary to the ECAT board. He recommended that with the departure of Keith Montag that Rachel Oys be appointed. Commissioner Chandler-Henry moved to appoint Rachel Oys as the Board Secretary to the Eagle County Air Terminal Corporation. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 3 12/16/2014 Commissioner Chandler-Henry moved to adjourn as the Eagle County Board Air Terminal Corporation and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Ryan 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 Consent Agenda Renewals 11. Enterprise Hotels of Colorado,Inc. d/b/a Rocks Modern Grill #25-39682-0000 Renewal of a Hotel and Restaurant License in Beaver Creek. 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. 12. Marko's Pizzeria of Edwards Colorado,Inc. d/b/a Marko's Pizzeria #06-19233-0000 Renewal of a Hotel and 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. 13. X-Bar Fly,Inc. d/b/a Sato Sushi #04-33696-0000 Renewal of a Hotel and 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. 14. Edwards Discount Liquors,Inc. d/b/a Bottle N' Cork #14-43341-0000 Renewal of a Retail Liquor Store 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. 15. Eagle Vail Metropolitan District d/b/a Whiskey Hill Golf Grill #04-33003-0000 Renewal of a Hotel and Restaurant License 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. Other 16. Vail Food Services,Inc. d/b/a Game Creek Restaurant #04-49011-0009 Manager Registration—The applicant wishes to register David Alt as the new manager,replacing Peter McGuire. Mr.Alt was reported to be of good moral character and has no criminal history. 17. Vail Food Services,Inc. d/b/a Mid Vail Restaurant #04-49011-0001 Manager Registration—The applicant wishes to register Roger Cardoza as the new manager,replacing Kenneth Woodbury. Mr. Cardoza was reported to be of good moral character and has no criminal history. 4 12/16/2014 Commissioner Chandler-Henry moved that the Board approve the Liquor Consent Agenda for December 16, 2014, as presented. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Other Liquor Business 18. Special Event Permit-Vail International Hockey Tournament,Inc. APPLICANT: Vail International Hockey Tournament,Inc. REQUEST: Special Events Permit EVENT: Fundraiser DATE OF THE EVENT: December 27, 2014 REPRESENTATIVE: Louise Funk,Event Manger LOCATION: Eagle-Vail Pavilion, 538 Eagle Rd.,Avon STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit for a fundraising event being held at the Eagle-Vail Pavilion on Saturday, December 27. This is a ticketed event open to all ages. Qdoba will cater the event and beer and wine will be offered on a donation basis. The applicant expects approximately 150 attendees. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees for the permit. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on December 4, 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 proof of server training, an alcohol management plan, and notified the Eagle County Sheriff's Department. CONCERNS/ISSUES: None DISCUSSION: Ms. Scriver presented the request. Ms. Funk stated that the event was an opportunity to reunite with old hockey families and raise money for the 2015 tour. Commissioner Chandler-Henry stated that she could vouch for Ms.Funk's organizational skills. She thanked her for always stepping up to make a difference in the community. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for the Vail International Hockey Tournament,Inc. event being held at the Eagle-Vail Pavilion on December 27,2014 from*3:00 a.m. to 11:00 p.m. Commissioner Ryan 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. 5 12/16/2014 19. Transfer of Ownership-Henry's Pho& Grill,Inc. DBA Henry's Pho & Grill APPLICANT: Henry's Pho&Grill, Inc. d/b/a Henry's Pho&Grill REPRESENTATIVE: Hung-Jen Yen, Owner LOCATION: 34500 US Hwy 6 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. Rancho Viejo, Inc. d/b/a Log Cabin Sports Bar& Grill currently holds the license. The applicant took possession of the premises back in April of 2014 and was approved for a Temporary Permit but due to the age of the building; various improvements and upgrades were required to conform to current environmental health standards. The applicant was approved for a food service license at the end of October 2014 and is currently open for business. 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; 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. 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 12/16/2014 6. Public notice was given by the posting of a sign in a conspicuous place on the premises,December 4, 2014, 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 alter the licensed premises, or the usage of the licensed premises. 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 request. The application was in order. Mr. Yen believed this was a good opportunity. He wanted to create more business not take away from anyone else's business. He offered Vietnamese and Korean food. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the transfer of the Hotel and Restaurant Liquor License held by Rancho Viejo,Inc. to Henry's Pho& Grill,Inc. d/b/a Henry's Pho&Grill. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Eagle County Housing and Development Authority. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Housing and Development Authority 20. Resolution 2014-101 Authorizing Eagle County Housing and Development Authority to Act as a Special Limited Partner with Tabor Grand LLLP and Authorizing Any of its Commissioners to Execute All Documents Necessary to Effectuate and Document its Role as a Special Limited Partner Jill Klosterman,Housing Matt Gillam and Pat Beatty, Overland Property Group Ms.Klosterman provided some background. The developer and owner of the Tabor Grand Hotel Apartments, located in Leadville,requested that the Eagle County Housing and Development Authority become a partner which would allow the property to qualify for real property tax exemptions. The City of Leadville and Lake County supported the partnership because neither had their own Housing Authorities. Matt Gillam,Vice President of Development stated that their desire was to keep the Tabor Grand Hotel Apartments affordable. They took over the building in March of 2014 and completely restored the building. There were 37 units with 100 percent affordable housing. The apartments were all rented and were the only affordable properties in Lake County. Ms.Klosterman stated that she'd taken a tour of the property and was pleased with the improvements. Mr. Gillam stated that they worked with the historical committee and all the original windows were fully restored. 83%of the total development budget was paid for with federal tax credits. Ms.Klosterman stated that although Lake County was giving up the tax revenue they were benefiting by the restoration of the historical building. Mr. Gillam stated that the main goal was to keep the rents affordable. The request was that Eagle County Housing and Development Authority would become a 0.01%owner by becoming a special limited partner,bearing no risk in the repayment of debt. The partnership would pay the Housing Authority$3,000 annually for their participation in the partnership. Lake County and the City of Leadville supported the partnership. 7 12/16/2014 Ms.Klosterman stated that approval of the resolution simply supported the partnership. There was no risk and a very limited involvement. The final documents would be presented at a later date. Her involvement would be looking at the financials. Chairman Ryan believed it was a resource for the county in terms of the workforce. Commissioner Chandler-Henry believed it was another great example of county partnerships. Commissioner Chandler-Henry moved to approve the Resolution Authorizing Eagle County Housing and Development Authority to Act as a Special Limited Partner with Tabor Grand LLLP and authorizing any of its Commissioners to Execute All Documents Necessary to Effectuate and Document its Role as a Special Limited Partner. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and re-convene as the Eagle County Board of County Commissioner. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Work Session 21. Board of Social Services Rita Woods,Human Services Planning Files 22. AFP-5105 Spring Creek Ranch Amended Final Plat Kris Valdez,Planning SCR 2 LLC and Gavin Selway,Applicant Note: Tabled from November 18,2014 Action: The intent of this Amended Final Plat is to reconfigure Lot 1 and lot 2 into an eleven(11)and thirty-five(35) acre horse properties. Spring Creek Ranch Road will become the logical division line for each lot,with Lot 1 west of Spring Creek Road and Lot 2 east of Spring Creek Road Location: 1210 Spring Creek Road,Gypsum Area TITLE: Amended Final Plat—Spring Creek Ranch Lots 1 and 2 FILE NO./PROCESS: AFP-5105 Zone District Amendment PROJECT NAME: Spring Creek Ranch LOCATION: Lots 1 and 2, Spring Creek Ranch OWNER: LD Development Holdings,LLP APPLICANT: LD Development Holdings,LLP REPRESENTATIVE: Michael Suman, Suman Architects STAFF PLANNER: Kris Valdez,MURP,AICP SUMMARY: The intent of this Amended Final Plat is to realign Lots 1 and 2 of Spring Creek Ranch. The Applicant is proposing to create an approximately 11 acre parcel for Lot 1 and an approximately 35 acre parcel for Lot 2 with the property lines now following Spring Creek Road. Each lot is proposed to have only one(1)main residence and one(1)accessory dwelling unit(ADU) entirely contained within the respective proposed building envelopes while still meeting all building and stream setbacks at the time of construction. 8 12/16/2014 The Applicant owns both lots,however,wants one lot to be 35 acres so the existing approximately 1,800 square foot home can be considered an Accessory Dwelling Unit and a new residence of any size could be constructed as long as it meets current building setbacks and limitations outlined in the Eagle County Land Use Regulations as well as is entirely contained within the second proposed building envelope on Lot 2 at the time of construction. The original Spring Creek Ranch parcel was 56.4 acres and zoned Resource which requires a minimum 35 acre lot.The property was subdivided by Planning File#SM-1021-95 and rezoned by Planning File#ZC-271-95 in 1996. In 1996,the approximately 56 acre parcel was subdivided into three(3)lots with Lot 1 being 23.2 acres, Lot 2 being 23.2 acres and Lot 3 being 10.0 acres and all three(3)lots were concurrently rezoned to Agricultural Residential which allows for a minimum 10 acre lot. The Applicant is proposing to rezone the newly reconfigured Lot 2 back to Resource; therefore the newly created approximately 35 acre lot could not be further subdivided in the future without applying for another rezoning. The Planning File#ZC-5204 for the proposed zone change is currently out on referral and is expected to be brought to hearing in early 2015. Staff Findings and Recommendation Staff believes the proposed Amended Final Plat is in keeping with 1)the intent of the original final plat,and 2)the requirements of the Eagle County Land Use Regulations (ECLURs). Specifically, staff believes the Amended Final Plat meets each of the following, applicable criteria: Adjacent property. Staff believes the proposed amendment will not adversely affect any neighboring property. Final Plat Consistency. Staff has reviewed the original Final Plat for the Spring Creek Ranch Subdivision, and finds that the proposed amendment is consistent with the intent of the original plat. Conformance with Final Plat Requirements. The Applicant's surveyor has made all necessary revisions and refinements to the plat document as required by the Eagle County Surveyor,the Eagle County Engineering Department and the Eagle County Planning Department. Furthermore,the plat has been reviewed by the Eagle County Attorney's Office for compliance with legal requirements.The plat, as signed by applicable parties is, therefore,consistent with the intent of the Eagle County Land Use Regulations. II. SITE DATA: Surrounding Land Uses/Zoning: East: Bureau of Land Management/Resource Preservation West: Bureau of Land Management/Resource Preservation North: Lot 4, O.R.E.O. Acres/Resource and Lot 2, O.R.E.O.Acres/Resource Preservation South: Lot 3, Spring Creek Ranch/Agricultural Residential Existing Zoning: Agricultural Residential(AR) Total Area: Lot 1: 11.4 Acres,Lot 2: 35.0 Acres Water: Public—Town of Gypsum, Private—Well Sewer: Private Access: Spring Creek Road III. STAFF FINDINGS: Pursuant to Section 5-290.G.3., Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. 9 12/16/2014 b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. IV. ATTACHMENTS 1. Proposed Amended Final Plat DISCUSSION: Ms. Valdez presented the application. The property was just outside of the Gypsum boundary. The applicant was requesting an amendment of the lot boundary for lot 1 and 2. The proposed amendment met all the findings. Commissioner Chandler-Henry moved to approve the Amended Final Plat/Eagle County File No.AFP-5105 and authorize the Chairman to sign the Amended Plat. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 23. AFP-4925 Cordillera Metro Filing 11,Lot 21 Scot Hunn,Planning Cordillera Metropolitan District/Howard L. Shaw Revocable Trust and Janice Shaw Revocable Trust,Applicant Jon Erickson,Representative Action: The purpose of this Amended Final Plat is to reconfigure Lot 21, Cordillera Filing No. 11 to include land from Ranch Parcel One, Cordillera Filing No. 25, and create a new grading and drainage easement on the reconfigured lot 21. Location: 1532 Red Draw, Edwards Area TITLE: Amended Final Plat-Cordillera,Filing No.11,Lot 21 &Filing No.25,Parcel One FILE NO./PROCESS: AFP-4925 I Amended Final Plat LOCATION: 1562 Red Draw OWNERS: Cordillera Metropolitan District APPLICANT: Same REPRESENTATIVE: Jon Erickson,Cordillera Metropolitan District STAFF PLANNER: Scot Hunn STAFF RECOMMENDATION:Approval I. SUMMARY: The intent of this Amended Final Plat is to add one acre of a larger open space tract(Parcel One)within the Cordillera PUD to a residential parcel,Lot 21,Filing No.11. 10 12/16/2014 The Cordillera Metropolitan District is the Applicant and owner of Parcel One.Parcel One is a 144 acre open space tract that abuts numerous single-family lots throughout the subdivision.The owner of Lot 21,which is adjacent to Parcel Oneplans to purchase one acre of Parcel One from the District following the approval and recording of this Amended Final Plat which will amend (enlarge) the boundaries of Lot 21. The land in question is located between two residential lots: Lot 20 (vacant) and Lot 21,Filing No. 11 (developed with one single-family residence), both of which are owned by the same entity,the Howard Shaw Revocable Trust. The land in question will be removed from a 144 acre common open space parcel("Parcel One"), then, added to existing Lot 21, to be preserved for drainage and open space purposes. Importantly, adding this acreage to Lot 21 will not allow for further development of Lot 21; no expansion of the existing building envelope on Lot 21 is contemplated in the future and the application states that no future development will occur on Lot 21 as a result of adding acreage. This Amended Final Plat has been reviewed and approved by the Cordillera Metropolitan District Design Review Board. However, because this is not a building envelope amendment,there is no "administrative"process provided for within the Cordillera Planned Unit Development Guide by which the Director of Community Development can approve the plat prior to scheduling the plat on"consent" or "business items," even with ORB and adjacent property owner approval. In other words, although there are no issues with this particular plat and there have been no objections from neighboring property owners, this plat requires a full hearing. A sign has been posted at the entrance to the property,and mailed notice of the proposal and hearing dates has been sent to each adjacent property owner of record that abuts either Lot 21,or Parcel One. In response to public notification, staff has only received one inquiry from a property owner whose property abuts the larger 144 acre open space parcel and whose residence is located on a different road approximately 1,500 feet to the west. After speaking with this property owner, staff reports that the property owner has no issues with this proposal. Staff Findings and Recommendation Staff believes the proposal is in keeping with 1) the intent of the original final plat for Filing Nos. 11 and 25, and 2) the requirements of the Eagle County Land Use Regulations(ECLURs). Specifically, staff believes the Amended Final Plat meets each of the following, applicable criteria: Adjacent property. Staff believes the proposed amendment will not adversely affect any neighboring property. The land in question is currently being maintained by the Metropolitan District as open space and drainage infrastructure;the use will not change but the existing ponds on the property will be maintained by the owner of Lot 21 in the future. Final Plat Consistency. Staff has reviewed the original Final Plat for Filing No. 11, Cordillera Subdivision, and finds that the proposed amendment is consistent with the intent of the original plat. Conformance with Final Plat Requirements. The Applicant's surveyor has made all necessary revisions and refinements to the plat document as required by the Eagle County Surveyor, the Eagle County Engineering Department and the Eagle County Planning Department.Furthermore,the plat has been reviewed by the Eagle County Attorney's Office for compliance with legal requirements. The plat, as signed by applicable parties is, therefore, consistent with the intent of the Eagle County Land Use Regulations. Therefore,staff is recommending approval with no conditions. II. SITE DATA: 11 12/16/2014 Surrounding Land Uses I Zoning: East: Parcel One,Open Space I PUD West: Parcel One,Open Space/PUD North: Lots 21 and 22,Residential/ PUD South: Lot 20,Residential/ PUD Existing Zoning: PUD(Single Family)Total Area:1 Acre Water: Public Sewer: Public Access: Red Draw Ill. STAFF FINDINGS& RECOMMENDED MOTION: Pursuant to Section 5-290.G.3., Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat demonstrates that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat demonstrates that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat demonstrates that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations,policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. Recommended Motion: "I move to approve this Amended Final Plat (File No. AFP-4925),and authorize the Chairman to sign the Plat." IV. ATTACHMENTS 1. Proposed Amended Final Plat 2. Vicinity Map 3. Letter from Cordillera Metropolitan District 4. Site Photos by Applicant DISCUSSION: Mr.Hunn presented the request. The applicant was requesting an amended final plat to add one acre which was part of an open space tract. The Cordillera Metropolitan District was the applicant and owner of Parcel One.The property would remain open space and as the property changed hands would remain in perpetuity. There would be no building envelope or building potential for lot 21. Jon Erickson,Cordillera Metropolitan District stated that they planned to write any restrictions into the sales contract. Ms. Ayres-Oliver believed there could be a condition added regarding the restrictions. Mr.Hunn showed pictures of the property and stated that all the finding were positive. Commissioner Chandler-Henry suggested adding the standard condition in order to incorporate any restrictions. Mr. Hunn believed that would be appropriate. Commissioner Chandler-Henry moved to approve the file no. AFP-4925 Cordillera Metro Filing 11, Lot 21 with the standard condition;that all representations and material or otherwise within the application or during the hearing process shall become conditions of approval and authorize the Chairman to sign the plat. 12 12/16/2014 Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 24. PR-5228 Spickert ADU Extension Request Scot Hunn,Planning Diane and Charles Spickert,Applicant/Owner Doug Pratte,Representative, The Land Studio,Inc. PROJECT NAME: Spickert ADU LOCATION: 0795 Willits Lane STAFF RECOMMENDATION: Approval 1. EXECUTIVE SUMMARY: The purpose of this application is to request a two-year extension to the previously approved Special Use Permit allowing 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. Any requested extension may be granted for up to two years upon demonstration by an 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. The original request to create an ADU on the subject property was granted,with 11 conditions of approval,in December, 2007. The previous Owners,the Fosters,who were granted the Special Use Permit as well as subsequent extensions to the Special Use vesting, did not act on the Permit prior to selling the property late 2012. However,the Fosters did act to address or resolve certain substantive conditions of approval between 2007 and 2012. Attached within the current application put forth by Doug and Julie Pratte,The Land Studio,Inc., on behalf of the current owners,the Spickerts,are resolutions approving the original Special Use Permit, as well as resolutions approving subsequent extension requests. This is third requested extension for the project. Staff believes this request is justifiable in response to each of the criteria listed above and staff is therefore recommending approval,with(original)conditions of approval. II. BACKGROUND & SITE DATA: The subject property is non-conforming to zoning. Specifically,the lot does not contain the requisite acreage under Resource(R)Zone District.Therefore, any proposal for an ADU on this property requires a Special Use Permit. The previous owners,the Fosters,received approval,with conditions,in December, 2007 (File No. ZS- 00152),to designate a historic homestead building(dating to the late 1800's) on the subject property as an ADU. Designation of the historic structure as the Accessory Dwelling Unit,then,allowed for the construction of a new,primary residence(to be capped at 5,000 sq. ft.). However, development of the primary dwelling unit did not occur within the original three year vesting period for the Special Use and the previous owners requested an extension. The Fosters were granted a two year extension in 2010 and again in 2012 as plans to construct the primary residence continued to languish due to circumstances out of the Foster's control,namely the local and national economic conditions. The Fosters later sold the property during the second extension period and the new owners,the Spickerts,intend to construct a primary dwelling unit and to carry forth with plans to maintain the original homestead building as an ADU. 13 12/16/2014 Importantly, since the time of original approval,the Fosters worked in good faith to address and/or satisfy certain substantive conditions of approval. Notably,the Fosters 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. The current owners have spent the previous two-years getting to know the property,restoring the historic homestead structure and planning for construction of a new primary residence on the property. 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, staff believes the project, as originally approved and conditioned, still meets the standards of the ECLURs and applicable Comprehensive plan documents. Surrounding Land Uses and Zoning The subject property is zoned Resource(R)within unincorporated Eagle County. Surrounding properties to the north, south and west are also zoned Resource and are rural-agricultural in nature and use,while lands located to the east are zoned within the Town of Basalt as part of the Willits Town Center Development. 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. acting on 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 and another extension was granted on in December,2012.That extension would have expired in December,2014,had the new property owners,the Spickerts,not filed a request for a third extension. 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. Ill. STAFF FINDINGS &RECOMMENDATION: 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. Staff Response: Staff believes that failure to proceed was beyond the Applicant's control,particularly in light of property ownership transfer and giving the new owners reasonable time in which to 1)understand the property and the best layout for a new primary residence, and 2)to restore the original homestead building for use as an ADU. 2. The development complies with the Land Use Regulations and the Comprehensive Plan. Staff Response: Staff believes the Special Use Permit for an ADU on this property still complies with both the LURs and the Eagle County Comprehensive Plan. Specifically,there have been no substantive changes to the LURs with regard to special use permit review, or Accessory Dwelling Unit regulations, affecting the previously approved Special Use Permit. Likewise, while the Mid-Valley Community Master Plan was adopted in 2013, staff is not aware of any provisions of the Plan that would be in conflict with an ADU on this property. 14 12/16/2014 3. There is a reasonable likelihood the Special Use will be developed in the next two years. Staff Response: Staff believes there is a reasonable likelihood that the Applicant lAtillnift.forward with plans to construct a new primary residence on the subject property within the next two years bad on the viler's diligence in restoring the historic homestead building to the degree that it is now habitable, as Well as•the intent demonstrated by the completion of certain substantive conditions of approval. In this case, staff believes the Applicant has provided evidence to support"each of the necessary findings. Staff recommends approval,with(original)conditions of approval, of the request based on staffs review as well as the above findings. IV. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. APPROVE PR-5228 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-5228 if it is determined that the petition DOES NOT meet the standards outlined in Section 5- 250.E.3(b) 3. TABLE the PR-5228 if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. DISCUSSION: Mr.Hunn presented the request. The applicant was requesting a third, 2 year extension to extend the life of the ADU on the subject property,with 11 conditions. The permit was never acted upon due to economic conditions. The new property owners had owned the property since 2012. There were no limits on the number of extension requests that could be granted. The property owners had worked in good faith to address some of the conditions of approval since 2007. Staff believed that the request was based on the applicants desire to retain the right to build the primary residence and based on a demonstration that the findings could be met. Staff recommended that the original conditions still apply. Doug Pratte,representing the applicant spoke. He stated that in 2009 the Fosters deeded a portion of the property to the town of Basalt as right-of-way for Willits Lane. Also,the driveway crossed a sliver of Basalt land, so an easement was required. The applicant hired an architect and plans were drawn. The Fosters were elderly so decided to sell their property and move to sea level. He believed that condition nine covered had been addressed. The new property owners were fine with the remaining conditions of approval. He believed the benefit to the county was that the historical home would remain on the property. Commissioner Chandler-Henry asked about the concerns by the Basalt Fire District. Mr.Pratte stated that the carport would need to be modified slightly to allow for emergency vehicles. Commissioner Chandler-Henry asked Mr. Hunn if there were any concerns from neighbors or and additional comments made since the first approval. Mr.Hunn stated that he hadn't been contacted by any neighbors. Chairman Ryan asked about the other conditions. Mr.Hunn stated that all the other conditions were acceptable. Commissioner Chandler-Henry moved to approve file no. PR-5228 with the original conditions, excluding condition nine, as it had been met. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 15 12/16/2014 E There being no further business bd.. . r '.e meeting was adjourned until De ber 30,2014. �� � Attest: L ot— T i Clerk Cha 'an IrJ`1 l V • 16 12/16/2014