HomeMy WebLinkAboutR19-033 Tree Farm PUD Modification to Conditions Commissioner 1-14— moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2019— U 53
APPROVAL OF A MODIFICATION TO CONT" ''IONS OF APPROVAL NO. 2 AND
NO. 8 OF THE RESOLUTION OF APPROVAL �F THE TREE FARM PLANNED UNIT
DEVELOPMENT TO ALLOW THE APPLICANT TO
MAKE PHASED PAYMENTS OF ITS SHA1 .E OF THE COST OF CONSTRUCTION
OF THE HWY 82 PEDESTRIAN UNDERPASS AND TO PROVIDE FOR
ALTERNATIVE RECIPIENTS OF THE REAL ESTATE TRANSFER ASSESSMENT
WHEREAS,the Eagle County Board of County Commissioners (hereinafter"the
Board") approved the application for Sketch Plan (Eagle County File No. PDS-1567)for the
Tree Farm PUD on December 8, 2009 (the "Sketch Plan"); and,
WHEREAS,the Board approved the application for Preliminary Plan (Eagle County File
No. PDP-4986) for the Tree Farm PUD on September 19, 2017 (the "Preliminary Plan"); and,
WHEREAS, the Tree Farm PUD Preliminary Plan Resolution of approval (R17-
064)("Resolution of Approval") was conditioned upon the Tree Farm applicant ("Applicant")
meeting thirteen(13) conditions of approval; and,
WHEREAS, Condition of Approval No. 2 of the Resolution of Approval states the
following:
The Applicant,prior to submission of any final plat for subdivision within the
Tree Farm PUD (hereinafter "Final Plat"), shall provide evidence that the Applicant has paid its
remaining obligation for $857,505 documented in a letter from Dave Marrs to the Town of
Basalt dated July 7, 2014, related to a cost sharing agreement between the Applicant, the Town
of Basalt, Mariner Real Estate Investment, LLC (Willits Town Center), and the Roaring Fork
Transportation Authority (RFTA), for the Hwy. 82 pedestrian underpass construction.
WHEREAS,Eagle County(the "County') received a letter dated March 12th, 2019 from
the Town of Basalt (hereinafter "the Town") attached hereto as Exhibit A and incorporated
herein by this reference; and,
WHEREAS, such letter from the Town describes a phased payment plan between the
Town and the Tree Farm applicant whereby the Applicant agreed to pay the first half of the
required reimbursement payment ($428,752.50) for construction of the Hwy. 82 pedestrian
("Willits") underpass before the filing of the initial Tree Farm Final Plat and to delay obtaining a
Eagle County, co 201909240
Regina O'Brien 06/21/2019
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REC: $0.00
DOC: $0.00
certificate of occupancy on any commercial development in the Tree Farm PUD until the
Applicant pays the second half of the required reimbursement payment($428,752.50); and,
WHEREAS, the Applicant has requested that the County approve a modification to
Condition of Approval No. 2 of the Resolution of Approval as set forth in Exhibit A to allow for
the phased payment of the required reimbursement payment, as opposed to paying such
reimbursement payment in one lump sum.; and,
WHEREAS, Condition of Approval No. 8 states the following:
The Applicant has voluntarily proposed to record against The Tree Farm PUD a covenant
for the purpose of imposing a real estate transfer assessment (the "RETA Covenant") providing
that upon the occurrence of any non-exempt transfer (as defined by the RETA Covenant) of any
lot, parcel, commercial building or commercial condominium unit within the PUD, the transferee
under such transfer shall pay a fee equal to one (1%) percent of the value of the consideration
exchanged for the transfer of such lot, parcel, commercial building or commercial condominium.
Initial sales by the Applicant or its successors and assigns will be subject to the RETA. Such
RETA funds will be paid to and used by Eagle County in its discretion for public purposes. The
RETA is separate from the 1% real estate transfer fee that will apply exclusively to the sale of
Resident Occupied for sale housing units to Non-Eligible Households, as set forth in the Tree
Farm Affordable Housing Plan. The RETA was volunteered by the Applicant and will be
privately imposed by the Applicant pursuant to the terms of the RETA Covenant and is not a tax
being levied by Eagle County; and,
WHEREAS, the purpose and intent of the RETA Covenant is to provide a funding
source to be used for projects that benefit the public in Eagle County; and,
WHEREAS,the Applicant and the County have determined that in the event a court of
competent jurisdiction determines that a governmental entity such as Eagle County cannot be the
beneficiary of the RETA Covenant,then Eagle County may designate any private tax exempt
nonprofit entity(ies)providing or funding services that benefit the public in Eagle County as the
beneficiary of the RETA Covenant and the recipient of the RETA funds. Such public services
may include, but not be limited to, affordable housing, human services,public health services,
transportation services or other public or community services in Eagle County. In the event of
such designation,Eagle County and the Applicant, or it successor and assign, shall amend the
RETA Covenant to the extent necessary to accomplish said designation and to effectuate the
purpose and intent of the RETA Covenant.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT,the Board hereby finds that the phased payment plan as agreed to by the Town
and the Applicant and as described in the letter as attached hereto in Exhibit A meets the purpose
and intent of Condition No. 2 of the Resolution of Approval and is otherwise acceptable because
the total amount of the required payment is not changing, only the timing of such payment will
change; and
THAT, Condition of Approval No. 2 of the Resolution of Approval is hereby amended
and replaced in its entirety with the following:
The Applicant, prior to the filing of any final plat for subdivision within the Tree Farm
PUD (hereinafter "Final Plat"), shall provide evidence that the Applicant has paid the Town the
first half of its remaining obligation ($428,752.50) under a cost sharing agreement between the
Applicant, the Town of Basalt, Mariner Real Estate Investment, LLC (Willits Town Center), and
the Roaring Fork Transportation Authority (RFTA), for the construction of the Hwy. 82
pedestrian underpass. The Applicant shall provide evidence that the Applicant has paid the Town
the second half of its remaining obligation ($428,752.50) under such cost sharing agreement by
the earlier of (i) the issuance of the first certificate of occupancy for any commercial
development in the Tree Farm PUD or (ii) five (5) years from the date of approval by the County
of the first Final Plat for the Tree Farm PUD.
THAT, in the event a court of competent jurisdiction determines that a governmental
entity such as Eagle County cannot be the beneficiary of the RETA Covenant, the Board finds
that the RETA funds may be paid to any tax exempt nonprofit entity(ies) providing or funding
services that benefit the public in Eagle County. In the event of such designation, Eagle County
and the Applicant, or it successor and assign, shall amend the RETA Covenant to the extent
necessary to accomplish said designation and to effectuate the purpose and intent of the RETA
Covenant.
THAT,the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 7i(i'RI day of
bwta.1 , 2019.
0 c COUNTY OF EAGLE, STATE OF
it: cZ.. COLORADO, by and Through Its
ATTEST: '4 1 OARD OF COUNTY COMMISSIONERS
0*c'LOStSP .
641 . 0 By. - M ra.--t--e
Regina O'Brien •
anne , cQueeney j
Clerk to the Board of h.
County Commissioners t / / t
Kathy ha 4 ler-Henr . r
ill
C."5'i .011574" '
Matt Scherr '
Commissioner
Commissioner 0.114ArsiCtu W seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Jeanne McQueeney .
Commissioner Kathy Chandler-Henry M
Commissioner Matt Scherr
This Resolution passed by �/0 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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EXHIBIT A:
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March 12, 2019
Eagle County Community Development BASALT
Attn: Adam Palmer, Sustainable Communities Director
P.O. Box 179, Eagle County
Eagle, CO 81631
RE: Tree Farm Request to Phase Reimbursement of Underpass Payment- Basalt
Referral Comments
Dear Adam,
As mentioned in the Town's referral letter to you on March 1, 2019 regarding the Tree
Farm Phase 1 Final Plat Application, the Town Staff has had more discussions with the
Tree Farm Applicant related to commercial development concessions in exchange for
allowing the Applicant to phase the Tree Farm's required reimbursement for the Willits
pedestrian underpass.
At the request of the Town Council, the Tree Farm Applicant indicated a willingness to
agree to pay the first one-half of the required reimbursement payment upon filing their
initial final plat and delay obtaining a Certificate of Occupancy (CO) on any commercial
development until they pay the second half of the $857,505. The Town appreciates the
Applicant's willingness to provide a concession to delay commercial development in the
project until a subsequent development phase in exchange for being able to Willits
underpass reimbursement.
The Town recommends that Eagle County require the first half of the Willits underpass
reimbursement ($428,752.50) to occur before the recording of the first plat within the
development and require the second half of the reimbursement ($428,752.50) to occur
prior to the earlier of: 1) the issuance of the first CO on any commercial development, or
2) five (5) years from filing of the first plat.
If you have any concerns or questions regarding this letter, do not hesitate to contact
Town Manager, Ryan Mahoney, at (970) 927-4701.
Sincer-ly,
JacqueR.,W itsitt, Mayor
Town of Basalt
101 MIDIAND AVE. • BASALT,CO 81621 • 970-927-4701 • FAx 970-927-4703
cc: Basalt Town Council
Basalt Planning & Zoning Commission
Susan Philp, Basalt Planning Director
Ryan Mahoney, Basalt Town Manager
Jon Fredericks, Noble Design Studio
Ace Lane, Woody Ventures
Ben Gerdes, Eagle County Engineer
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