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HomeMy WebLinkAboutMinutes 04/24/17 PUBLIC HEARING April 24, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Beth Oliver Interim County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Planning File El Jebel Community Center, Sopris Room 1. PDP-4986 Tree Farm PUD Preliminary Plan Public Hearing#3 Adam Palmer, Environmental Policy Planner BoCC Hearing Dates: March 21,April 11,April24,2017 Mr. Palmer stated that the file number PDP-4986 was being continued and the 1041-5354 application would be opened. Jon Fredericks, land planner for the Tree Farm introduced the applicant's team—Ace Lane owner,Tim Morzel, Economic&Planning Systems,David Mars, CFO for the applicant,Bart Johnson, Land Use Council, and Mike Scanlon, Community Planning Elements. Mr. Palmer presented an overview of the previous meetings. This being the third hearing he would be reviewing the sustainability strategies, analysis of the market study, fiscal impacts, community benefits proposed by the applicant and the 1041 permit. Ace Lane spoke some general goals and considerations for the project. The lake was private but over 5,000 people a year benefited from the events. He believed the process had been challenging but a beautiful journey. He had spent a significant amount of money on his proposal including over$800,000 invested in solar energy. His goal was to provide green space and maintain all the natural beauty of the property.He believed he had shown and demonstrated his commitment and intentions to the vision. He was offering attainable housing and preserving open space but being asked to provide more affordable housing. He asked that the county become a partner in growing the affordable housing. Mr. Fredericks spoke about the solar energy provision.The solar electricity project would provide a 200 kHz of solar electric panels through the Clean Energy Collective, and the electric production from the panels would be credited against homes within the PUD. They estimated the total annual saving per residential unit to be $234.00. The Tree Farm had an initial rating of GOLD by the Leadership in Energy and Environmental Design (LEED). The buildings would be energy efficient and meet all standards. The landscape plan called for the preservation of 400 existing mature trees within the PUD. They would also plant 350 additional trees and shrubs. Tim Morzel spoke about the general market conditions and trends in the Mid Valley. He believed the area had recovered from the recent recession and was growing at a sustainable pace. There was a clear demand for a variety of housing types, specifically urban development within mountain communities. Since the recession there had been a general lack in the amount of new product added to the market. They believed the project could capture 25-30%of Mid Valley market demand. The Tree Farm was proposing commercial space that would serve local residents within the development that included office space, lodging, restaurants,and some retail. The fiscal impact analysis identified four revenue sources: property taxes, sales tax, impact fees, and real estate transfer assessments. He demonstrated the annual amounts at buildout which they assumed would occur in year 15. Over the 15-year period,the School District would receive$10.1 million dollars,Basalt Rural and Fire would get close to$2 million dollars, and Eagle County would receive$1.8 million dollars. At stabilization,the Tree Farm would generate about $880,000 in sales tax revenue annually of which$264,000 would go directly to Eagle County. They also 1 04/24/2017 anticipated contributing funds towards the Eagle County Sheriff's Office in the amount of$132,000.00 per year. The numbers did not include any potential Real Estate Transfer Assessment(RETA)contributions. Dave Marrs stated that since the April 11th meeting,the applicant decided to voluntarily impose a 1% RETA on the first sale. The RETA funds in the first 30 years with 25%of local buyers were estimated at$3.6 million dollars, and 50%local buyer exception would result in$2.8 million dollars or$118,000 a year upon stabilization. RETA would apply to the first and all subsequent sales of any lot,parcel or unit or real estate. Local eligible households were exempt from paying RETA. The RETA funds could be used to pay for early childhood education,bike sharing, or recycling. Commissioner Chandler-Henry asked Mr. Mans about the assumptions used on the figures as far as commercial and turnover. Mr. Marrs stated that the assumption was that residential would turnover once every seven(7)years and commercial once every 10. Commissioner Chandler-Henry asked if the exception would apply to commercial. Mr. Marrs stated that the commercial property was not considered. Mike Scanlon spoke about the affordable housing. He presented maps of the existing affordable housing projects in the Basalt/Mid Valley area. There were currently 30 projects. They considered the approved projects and considered the inventory. The free market demonstrated a gap in affordable housing. He believed sites, partners, and dollars made an affordable project work. Bring affordable housing to fruition meant phasing and/or timing, financial contributions, and/or a reduction in requirements. The applicant was proposing 40 affordable rental units and 10 affordable market units. There would a mix of affordable housing units. Commissioner Chandler-Henry asked about the affordability of the rental units. The pricing figures appeared to be nearer the free market range. She asked to see how the calculations were figured. Commissioner McQueeney asked about the proposed funding to the Sheriff's Office. Mr. Scanlon stated that the funding would come from the Metropolitan District that would be established as part of the project. Commissioner Chandler-Henry asked about the project generating 46 students. That seemed like a small number. Mr. Scanlon stated that the School District produced the number. Mr. Palmer reviewed the sustainability provisions and indicated that staff was comfortable with the gold level standard. The challenging piece was the commitment to the ECO Build standards by 50%as part of the building permit application and review process. If there were any amendments to the building code they would be recommended changes prior to final plan approval. There would be a 200 kHz solar PV system, and the development would provide a multi-modal transit-oriented design. The compact mixed use footprint was something that the county promoted in the ECLURs,commercial and mixed use zone districts. Riche Davies,Eagle County Engineering spoke about the access at Big Pinion Drive he intersection that accessed Big Pinion Drive would be closed and only a right in—right out would be allowed. There was another Frontage Road opening further down that would not be affected. Mr. Fredericks stated that the safer route would be to utilize the signaled access at Willits Lane through the Tree Farm. Mr. Palmer spoke about the number of changes that had occurred in dwelling units and residential net square footage and increase in commercial. Mr. Fredericks started that at the time of sketch plan approval in 2009 they had not contemplated a lodging facility. In 2014 they experienced a high level of demand for a hotel site so it was factored in the current proposal. The total was a 40%increase in commercial. Commissioner McQueeney wondered if the lodge was not build would approval of the PUD turn the space into commercial or would the commercial be capped at 74,000. Mr. Fredericks stated that there were no limitations on the commercial use other than the 134,000. If the hotel did not happen,then the commercial space could be allocated to something else provided there was a market demand. Commissioner Chandler-Henry stated that she had similar concerns. She wondered how much commercial in the area was viable. Ray Merry explained the 1041 permit process. The board, acting as the Permit Authority,was required to review a set of 32 approval criteria that assessed the ability of the development to be sustained within the natural environment. It was basically an environmental and socioeconomic impact analysis. The 32 approval criteria were summarized in the staff report but were detailed in the Preliminary Plan documents as well as the 1041 Permit 2 04/24/2017 documents. It was important that all the approval criteria be met positively in o der for the 1041 permit to be approved.He asked the board if there was any of the approval criteria that they idn't agree with or wanted additional information regarding. The Mid Valley Metropolitan District was w 1 positioned to provide water and sewer services to this project. The process reviewed the site selection and construction of major new water and sewage treatment systems and major extension of existing domestic water and s wage treatment systems. Commissioner Chandler-Henry asked the applicant to discuss the water onservation practices considered for the project. Mr.Fredericks stated that 72-acres had been historically irrigated on the property. With the new proposal it would 37 and the new development would be irrigated solely by raw water from the Robison Ditch. The amount of turf would be limited within the project. Bill Reynolds,Executive Director for Mid Valley Mero spoke. The tiered pricing system worked well and was consistent within the industry practices. The more water that is used,the more it costs. Commissioner Chandler-Henry asked about the available water resources and how a project of this type fit in, in terms of land planning. Mr.Reynolds stated that they were not a political organization. They were a service organization that provided water and waste water services. Mr.Merry stated that there wasn't a struggle for the Mid Valley Metro District to seek out additional water rights to serve this development. They were well positioned with water rights and physical capacity and pressure zones. . Mr.Reynolds stated that they had been around for 32 years and had built a nice portfolio of water rights. Mr.Merry stated that from a procedural stand point, in order for the finding and preliminary plan of adequacy of water and sewer, it would be necessary that the 1041 be approved ahead of the preliminary plan. Commissioner Chandler-Henry asked about the first page of the executive summary and wondered where the 440 EQRs. Mr. Fredericks stated that the additional 100 EQRs would cover the commercial uses. The reality was the water usage would be much less than 440. Mr. Palmer stated that that there were some recommended conditions from staff to cover some of the referral comments. Mr. Fredericks suggested amending condition number three(3)because it was written two years ago. He suggested revisiting the comments to ensure they were still applicable. Chairman Ryan opened public comment. George Trantow, Chair of the Mid Valley Trails Committee spoke. He spoke about a proposal that was submitted to the county several times. The proposal was for a public easement for a trail to reach from the Valley floor through the Tree Farm to the BLM, and onto National Forest. The Master Plan for the Mid Valley trails included reaching through the El Jebel corridor. He asked that if the Tree Farm moved forward and was approved that the trail easement be required. He believed this would big community benefit. Kirk Hindenberger spoke about the core benefits and a future trail would only be possible through an easement. The trail fit in with the core values of the project. Micah Evonitz spoke. He lived in the area his entire life. He would like to see a development such as this happen. He did not want to commute and believed that a lot of people in his age bracket would agree. Dave Nixa,Carbondale resident spoke. He'd been in the Roaring Fork Valley for 12 years. He expressed concern for the scale of the project. The Roaring Fork Regional Planning Commission had identified 1,000 units going into the valley. He believed the water resources did not support all the proposed projects.He wanted to make certain the traffic being evaluated for the project was also'taken into consideration. Davis Farrar,interim Basalt Town Manager spoke.The basic issue was urban development outside of the urban boundary. The Tree Farm was in the urban growth boundary but the urban growth boundary was not intended to support county approval of development. The urban growth boundary was intended to provide for annexation and development review within the Basalt town boundary. The county should not be called upon to provide urban services. The project should only move forward as an annexation to the Town of Basalt. Kathy Nilson agreed with the least two speakers. The development was not sustainable. The traffic study was not an independent traffic study. The pricing for affordable housing wasn't affordable. The other 300 units would increase infrastructure. 3 04/24/2017 Stephanie Lewis spoke. She supported the development and believed the Tree Farm proposal was a great idea. It was a great opportunity for everyone. Dr.Dave Jensen spoke. He believed growth was inevitable. The development would be a great public benefit. The area would be a great public space and benefit for the community. Mike McVoy spoke about what it took to make a community. He believed the development would negatively affect the community.This was not an affordable housing development. The traffic study had not been reviewed and/or approved by CDOT. This was not a community that could support itself and the Roaring Fork Valley could not afford the project. Eric Olivas spoke. He relied on the project to be approved so he could afford to live in the valley. He was tired of driving three hours a day. He would love to stay in the valley if he could. Greg DeRosa spoke. He wondered where it was stated that affordable housing should be the burden of private developers. He believed that affordable housing should be the burden of the county and municipalities. It was unfair to evaluate this project or other private development projects solely on their concessions. He believed it was the perfect project in the perfect location. He suggested that everyone look at the facts presented by all the professionals that did all the studies and not listen to the emotional pleas of locals that didn't want anything in their backyard. Josh Goldman spoke.He supported the comments of the last speaker. He supported the project. Rob Snyder spoke. He understood the need for affordable housing and believed the location was the perfect spot for employee housing but wondered how the development would remain affordable. Andy Wiessner spoke. He believed the development was pouring gasoline on a raging fire. He hoped the board would defer this as recommended by the Planning Commission and the Town of Basalt and make sure their advertised 22-acres of open space was held by Eagle County Open Space and Trails or Aspen Valley Land Trust. Gerry Terwillinger spoke. He'd lived in the Mid Valley since the 80's. Traffic now was backed up light to light during the morning and late afternoon. Unlike Vail and Eagle Valley,the Roaring Fork Valley did not have I- 70 as a safety valve. He asked that the board deny the project. Max Edelman spoke. He supported the project because there was a potential for middle class and upper middle class living. He liked the idea of the project because it allowed locals to buy reasonably priced homes. Jeff Przonek spoke. He totally supported the project. Adam Brooks spoke. He worked with Mr.Lane and supported the proposal. The property was a sanctuary and an ideal place to live. He supported the proposal. Rick Stevens spoke. This project represented a future opportunity to control some of the traffic that migrated up the valley. The project was a contemporary modern look at design and community. He supported the project. Scott Picard spoke. He agreed with many of the speakers. He believed it was great to hear from young people. The applicant was a first-class act and all about community. Yvette Trincado spoke. She supported the project because she'd been in the valley for 20 years,had two small children and she and her husband had a small business in the mid valley and were still renting. She believed this was her only hope for owning a home. Cory Ross spoke. He believed the traffic issues were being blown out of proportion. He believed the commissioners should not worry about the Town of Basalt. He believed that housing prices would go down as the more housing became available. Chairman Ryan closed public comment. Mr.Frederick stated that CDOT had indeed reviewed the traffic study and directed the methodology for the study in conjunction with the engineering department. Another speaker indicated that there were a lot of currently approved but,unbuilt projects,to his knowledge,not all the projects had been approved. Commissioner McQueeney asked about the conservation subdivision and issue of the trail easement. Mr. Palmer stated that there was a separate file from the Lane Family for a conservation subdivision north of the PUD that would be reviewed separately. The subdivision would need to be reviewed by the Planning Commission as well as the BoCC. The trail easement was not directly connected to the current file Ms. Oliver stated that currently there wasn't a standard under which in this PUD file could require or a condition approval of the PUD file on the requiring the easement. She did not believe there was a standard under which the county could require them to provide the public access. 4 04/24/2017 Mr.Palmer stated that it was listed in the Sustainable Community Index and would apply as part of limited review criteria for a subdivision application. Mr. Frederick stated that the Tree Farm PUD did not share a boundary with any public land. The easement that George Trantow was talking about was on the conservation subdivision piece and that would be the appropriate time to talk about it. The applicant had been meeting with Mr. Tantow and his group for years on the subject. There were a couple concerns with this particular access due to privacy and wildlife issues. Commissioner McQueeney asked staff to weigh in on the comments made about the independent study and the use of an independent traffic study. Mr.Davies stated that he reviewed the traffic study. Eagle County did not have any issues with it and agreed with it. Traffic studies were basically a projection of traffic for 20 years out. Ms. Oliver stated that the applicant was required to provide a traffic study, if there are issues staff discussed with them. The county did not require an independent study or a second study. Commissioner McQueeney stated that the report had been reviewed by staff and CDOT. Mr. Davies stated that staff reviewed the study and agreed on a lot of the probabilities and mythologies. Commissioner McQueeney asked for detail on the lake management plan and phasing. Mr. Fredericks stated that the lake was private and Mr. Lane hosted community events annually. The day- to-day lake use was by members only. In terms of management,there were daily operating hours. The events happened several times throughout the year. Some were small and some were big. Mr.Palmer stated that another condition of approval was clarification of the uses and providing a complete management plan that put the appropriate book ends on the use of the lake amenity. Chairman Ryan asked staff to clarify the annexation question and the county's authority. Ms. Oliver stated that the county could not require the applicant to annex into the Town of Basalt. Commissioner Chandler-Henry requested clarification at the next meeting on the RETA calculations,the phasing, and the sort of benefits that the development would generate. She also requested information on the commercial property. Commissioner McQueeney believed she needed more time to process through the proposal. She wanted to see how all the pieces would work together to address the affordable housing, attainable housing, and local housing. Commissioner Chandler-Henry moved to table file no.PDP-4896,Preliminary Plan for PUD the Tree Farm to May 8,2017 at 5:00 pm. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. 1041-5354 Mid Valley Metropolitan District Tree Farm PUD Development Adam Palmer, Environmental Policy Planner Commissioner Chandler-Henry moved to table file no. 1041-5354,the Mid Valley Metropolitan District 1041 permit for the Tree Farm PUD Development to May 8, 2017 5:00 pm. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 1O o � There being no further busin , h- : a ard,the meeting w.s adjourned until A•ril 25 2017. * i O �p o Attest: F-1- [.t COL ♦i��l.L� Clerk to the Board Chairm • 5 04/24/2017