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HomeMy WebLinkAboutMinutes 02/22/2000 PUBLIC HEARING FEBRUARY 22,2000 Present: Tom Stone Johnnette Phillips Mike Gallagher James R. Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: The meeting was brought to order by Chairman Stone with the first item being the swearing in of Mike Gallagher by Judge Richard Hart. Executive Session Chairman Stone stated the next item of business is to adjourn into "Executive Session". Commissioner Phillips moved to adjourn into "Executive Session" to discuss the following: 1. Receive direction for negotiation with A VL T and GOCO 2. Legal Advice appeals from decision of the Building Board of Appeals. Commissioner Gallagher seconded the motion. Michael Cacioppo, area resident, asked who is A VL T. Chairman Stone responded that is Aspen Valley Land Trust and GOCO is Greater Outdoors Colorado. Mr. Cacioppo asked what the discussion is about. Jim Fritze, County Attorney, stated it is regarding the rail corridor. Mr. Cacioppo asked about the Board of Appeals. Mr. Fritze stated that is to provide a decision regarding the Building Board of Appeals. Chairman Stone called for the question on the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Commissioner Phillips seconded the motion. The vote declared unanimous. The time was noted at 9:28 a.m. Consent Agenda Chairman Stone stated the next item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of February 22, 2000, subject to review by County Administrator B) Approval of payroll for February 24, 2000, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of January 31,2000 D) Resolution 2000-028 applying for funding to provide housing assistance E) Contract with Reilly Johnson to provide professional services for needs assessment and pre-design planning for the Eagle County Sheriff s Department and Justice Services 1 02-22-2000 F) Agreement between Browning-Ferris industries and Eagle County Board of County Commissioners for waste collection services G) Approve and sign the contract with Johnson, Kunkel & Associates, Inc., to complete surveying and civil engineering services for the Fairgrounds H) Concurrence with findings of land transfer audit I) Application for conveyance of federally owned mineral interests. Commissioner Gallagher asked on item G, contract with Johnson, Kunkel & Associates, what is an alta survey. Rich Cunningham, Director of Facilities Management, responded that would be a survey for insurance purposes. They actually have been working on this in stages and now that they are going for a PUD they will have to include this. Bob Loeffler, Deputy County Attorney, stated it is American Land Title Alteration. Mr. Cunningham states it requires all easements be defined and buildings located. Commissioner Gallagher asked about item H, the land transfer audit, indicating all the supporting documents are a year or more old. He asked if that is a concern. Ron Rasnic, Solid Waste Manager, responded the state concurred a year ago that there shouldn't be any major concerns. Commissioner Gallagher asked that they take the approval of the minutes later as he was not present during that meeting. Commissioner Gallagher moved to approve the consent calendar with removal of item C, approval of the minutes. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips stated on item C, approval of the minutes, she had a couple of changes. On page 3, under the Adam's Rib hearing date and time, in the middle ofthe page, "too" should read "to". In the discussion by Commissioner Johnson, it states "to" and should read "too". Commissioner Phillips moved to approve item C, approval of the minutes, with the changes as mentioned. Commissioner Gallagher seconded the motion. Commissioners Phillips and Stone voting aye and Commissioner Gallagher abstaining. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2000-029. SUS-00006. A Resolution Approvine: the Subdivision Sketch Plan for Castle Ridee Subdivision. He stated the Board considered and approved this subdivision application for four single-family dwelling units at public hearing on January 18th, 2000. He read staff findings as follows: Commissioner Gallagher moved to approve Resolution 2000-029, file number SUS-00006, Castle Ridge Subdivision. Commissioner Phillips seconded the motion. The vote was declared unanimous. Notice of Award, Granite Construction Company Jim Elwood, Airport Manager, presented a Notice of Award, Notice to Proceed, and execution of Agreement between Granite Construction Company and Eagle County. Mr. Elwood stated they opened bids and had five responses. They found them to be well below engineering estimates with positive references. This is a large project to be done in approximately 60 days. This will bring the runway into 2 02-22-2000 the line of site as specified by the FAA. He stated they will be removing a segment of the runway and re-paving over 5000 feet. The runway lights will be repositioned which will allow for an advanced system put in at a later time. He stated the runway will be re-grooved with new precision approach indicators. During construction the taxiway will be used as a runway which will be for limited use only. It will be for daylight flights, VFR, and limited to B2 type aircraft. The construction will begin April 22, 2000. There will be a loss of the ramp on the south side. Access to the north side will be nonexistent and those planes will be accommodated on the south side. The National Guard will either fly over to pick up fuel or staged accordingly. The project will be seven days a week not including bad weather days. Because of the quality of the bids they expect the FAA will propose a change order. There may need to be further consideration. He stated the engineering and field construction portions will come forward in mid-March. Chairman Stone suggested they have done a good job in juggling all the players. Mr. Elwood stated they have been working on this for a few months. They will have a construction hotline and have a users meeting scheduled next week and one in April. He stated it will have some impact on some users though they believe they have accommodated all they can. Commissioner Gallagher asked where they are going to get the asphalt. Mr. Elwood stated they will bring it in. Commissioner Gallagher asked about recycling. Mr. Elwood stated they will use the fill dirt as they can. Commissioner Phillips moved to approve the Notice of Award, Notice to Proceed and execution of Agreement between Granite Construction Company and Eagle County for work at the Eagle County Regional Airport in conjunction with AIP 3-08-0020-26 & 27. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Phillips seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Chairman Stone stated the next item before the Board was the Liquor License Consent Agenda as follows: A) X-Bar Fly, Inc., dba/Sato Sushi, renewal of a hotel and restaurant license B) Boulder Beaver LLC, dba/Dusty Boot Saloon, renewal of a hotel & restaurant license C) Thomas J. Domenico, dbalPier 13 Liquors, renewal of a retail liquor store license D) Eagle Springs Golf Club, renewal of a hotel & restaurant license with optional premIses E) Beaver Creek Arts Foundation, dbalVilar Center for the Arts, renewal of an arts license F) Fabulous Foods, Inc., dba/Blue Creek Grill, renewal of hotel & restaurant license G) Bella Mia, Inc. dba/Bella Mia, renewal of a hotel & restaurant license. Chairman Stone thanked Ms. Roach explaining this is the first time the Board has heard liquor related items on a consent calendar. Commissioner Gallagher asked what the optional premise is for item D. Ms. Roach explained that is the golf course. Commissioner Gallagher asked if in the future they could have the locations listed as well. Ms. Roach agreed. Commissioner Phillips moved to approve the liquor license consent agenda as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 3 02-22-2000 Commissioner Gallagher moved to adjourn as the local liquor licensing authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. PDS-00018, Adams Rib, Frost Creek Keith Montag, Director of Community Development, presented file number PDS-00018, Adams Rib, Frost Creek. He stated at its public hearing held on January 5, 2000, the Eagle County Planning Commission recommended denial ofthis project by a 4-2 vote. The Commission heard additional testimony from Applicant's representatives regarding ten issues the Commission raised at its hearing of December 1, 1999, particularly (1) the removal or reconfiguration oflots to avoid wetlands and wildlife habitat; (2) the economics ofthe golf course and its related density; and (3) affordable housing. Although the Applicant had attempted to obtain a "water agreement" from the Town of Eagle, it had not been successful. According to the Applicant, it was not able to alter the lot configuration proposed except to move certain lot lines out of wetland areas; and that 300 lots was the number of lots necessary for economic viability of the project, citing the economic analysis by its consultant. The Commission heard testimony from Applicant's environmental consultant that the wildlife habitat to be impacted was marginal habitat, and that wetlands would be avoided as much as possible. The Division of Wildlife testified, however, that with the mule deer population down by 50% - 60% over the past 25 years primarily because of habitat loss, reduction of any remaining habitat was of critical concern. The Eagle County Housing Coordinator testified that in discussing the three housing policies applicable to this project with the Applicant, the proposed transfer fee could be considered a trade-off for providing actual housing for all three categories of residents identified in the Housing Plan and that there should be no waiver of the 20% requirement for commercial developments. Housing for construction workers was not discussed. The Planning Commission raised the question of land donation rather than money; the Housing Coordinator ranked the County's preferences as being: actual housing first, then land, then money. In its round table discussion the Commission focused on the following: a) Its disappointment and frustration in finding itself in essentially a political feud, and again facing piece-meal development for Applicant's holdings rather than a comprehensive plan attending to broader concerns in the Brush Creek Valley: roads, water, open space. b) Golf course in this location. There were mixed feelings on the need for golf at this location. Some members felt there already was enough golf approved in the Brush Creek Valley; others had no problem with it. One member suggested that 72 holes of golf in the Valley was too much (54 already approved) and that if this proposal were approved that the "Ranch Site" be reduced by 18 holes. c) Excessive density. While the Commission found that CDOW's recommendation that 50 lots and several golf course holes be removed or relocated was perhaps too much, they found the Applicant's suggested six or seven far too little. The Commission was concerned about elimination of critical wildlife habitat, impacts to riparian/wetlands habitat, and visual impacts. The Commission also found little merit in Applicant's assertion that 300 lots were necessary for economic reasons, arguing that if the numbers didn't work then perhaps the project should not be built as proposed: surrounding zoning was 10-acre zoning and there was little to justify much greater density on the Subject Property. d) Lack of concrete resolution to the problem of adequate water supply. The Commission, in its review of the question of density/economics, found that - even were 300 lots appropriate in this location - some ofthe economic need for 300 lots stemmed from the need for a water treatment facility to compensate for the lack of water taps from the Town of Eagle. The Town has been unresponsive in Applicant's request for more. The Commission found that a lower density could be accommodated by existing water taps, would not proliferate special districts, and could possibly produce a more favorable 4 02-22-2000 economic situation for the Applicant. One commissioner commented on a degree of discomfort with the use of the golf course as justification for the density. e) Non-conformance with master plans. The Commission found the project to be "leap frog" development, with the proposed uses and density not in conformance with either the Eagle County Master Plan or the Eagle Area Community Plan. The Commission was concerned that approving this project would set a bad precedence for other, future, applicants and development proposals. The Commission considered that were this project adjacent to the Town of Eagle rather than 6-8 miles from it, it could be immanently approvable. The Planning Commission was not universal in its considerations as is evidenced by the fact that the motion to deny did not pass unanimously. The "nay" votes perceived the relationship between this "Frost Creek" proposal and the "Ranch Site" and the inability of the applicant to reach an agreement for development with the Town of Eagle. There were several comments that the "Ranch Site" was a good plan and that the denial of it by the Town leaves the applicant no choice but to proceed with his other lands. Consequently, there are no winners in the development of the Brush Creek Valley. Mr. Montag stated on January 18, 2000, there was testimony from the applicant and from several members of the public. He stated the applicant was going to provide an overview of a handout issued at the last meeting. Terrill Knight, Planner representing the applicant, stated the application was completely reviewed at the last meeting. He referred to a map that was used at the Planning Commission meeting. He stated they have agreed to pull all lot lines from the wetlands. He stated that is reflected as a change on the map. Additionally, comments were made on the vegetation on the site. He showed an aeral photograph showing the existing vegetation. He stated the plan was based on where it was most appropriate to place the building envelopes. Mr. Knight stated they have answered the principal questions of the Master Plans. He stated they have answered all questions from the Planning Commission. He stated 50% of their application is open space and they have clustered the units. There are buffers along the property and they will be retaining the vegetation along Brush Creek Road. Boots Ferguson, Holland and Hart, summarized the plans for the Board. He stated under water quanity they have reviewed the program and found they have implemented all goals. They will have enhanced stream protection, a pump back system, senior water rights that will be moved down the site, water storage is on site and they will obtain water from the Eagle Reservoir. He stated management practices will be used. He stated they will use a central waste water treatement facility. The focus on wildlife and wetlands is being preserved. He related buffer spaces have been created and mitigation and enhancement programs have been set in place concerning wildlife. He stated the land use components have been addressed to governmental entities. He stated there is in place measures for protection of wetlands, removal of cattle and the desire to have land transferred to the public for open space. He addressed the negative components. Roadways, trails and sidewalks will be addressed at preliminary plan and they will be in conformance. 200 water taps will be provided by the Town of Eagle and the rest will be provided by the applicant. He stated this facility will be reviewed by the state and it is consistant with the water augmentation plans. The submission contains the committment by Holy Cross Electric Association to supply electrical service. With respect to changed conditions, they believe with the approval of Eagle Ranch with 1000 units and Adams Rib with 1200 units, most all other property along Brush Creek has been subdivided. He stated those are coupled with permenant open space. He stated they have commented on conformance with the master plans and they believe there is compatability with each of those plans. He stated they are not quite sure how they are not consistent with the master plans as indicated by staff. Lastly, is this project compatible with the surrounding land? He stated the property to the north has been subdivided and the land to the south has been subdivided. To the east is state owned public lands, and to the west are open public lands. He stated they have designed open space into this project to be a nice area that goes with surrounding lands. In summary, through the application process they have submitted substantial evidence that fulfills the requirements of all 5 02-22-2000 applicable master plans. Mr. Knight stated they tried to submit additional information to the Board and staff in a timely manner. He pointed out the surrounding properties and the proposed Adams Rib development. Chairman Stone referred to the disagreement between staff and the applicant on meeting the requirements of the master plans. Mr. Montag stated there is a discussion of the conformance or lack thereof to the master plans. He stated he reviewed staffs perspective on the Eagle County Master Plan and the Eagle Area Community Plan, based on the land use patterns and the zoning in the immediate area of this proposal. He stated a lot of the development up Brush Creek Valley is historic development which occurred prior to zoning and a lot of those lots are zoned resource. He stated the land use pattern and the density being proposed appears to be relatively high as compared to the surrounding property. 3.7 units per acre is what is being proposed. He stated given the existing land use on the north and the south, the zoning is resource. A lot of those lots are substandard. In looking at the location of the proposal and the land use pattern established, it appears to staff that this density should be located closer to the community center of Eagle . He stated this is slightly higher density. He suggested the applicant look at a lower density. Staff recommended the density of 7 to 8 acres per unit. One of the items the Master Plan speaks to is land use patters and the provision of services. They question is whether or not the creation of the water system fits the proposal. Under site standards, a lot of those standards are being looked at as a sketch plan level. At preliminary plan the application must be in conformance. He stated the comfort level will be much higher. He stated obviously there are different ways to interpret the Master Plan. He stated there is relatively specific guidance in the Eagle Area Community Plan, which states this property should be left zoned as is with one unit and one caretaker unit per 35 acres. He stated there were referral comments that came back from the Engineering Department in which there was concern with what was being proposed. Mr. Fritze stated he has a housekeeping item, as far as the items presented today, if they are to be exhibits the Board must accept them for the record. Mr. Knight stated most of the items presented are duplicates but he would like all items included in the record. Mr. Fritze stated they would only like to have those items which are new. Secondly, he believes that although Mr. Gallagher was not a Commissioner until today, he was present for most of the hearings and was present for the site visit. Commissioner Gallagher stated he was here for the first hearing and the site visit. He stated he has also been provided with a large stack of reading material. Mr. Fritze stated usually Commissioners do not change in the middle of an application, but he believes Commissioner Gallagher has been present and is up to date on this file. Mr. Knight stated he would make sure they are all clear on the exhibits. Chairman Stone stated the Board would accept those two new maps into the record. He opened the meeting for public comment. Willie Powell, Eagle Town Manager, stated he was present on behalf of the Board of Trustees of the Town of Eagle. He related they have sent the Commissioners a letter citing their opposition to the project. He stated first, they would like to emphasize they believe the development should concentrate around community centers, as pointed out by staff and as indicated in the different Master Plans. He stated one of the things that struck him is that they have seen surveys across the state for developments around community centers. They do not want to see sprawl development, leap frog development or strip development. Additionally the Master Plans are very forward looking which speak to all of the issues and the community need to preserve those plans and developing closer to Eagle. He stated the Bluffs property is currently under review, the JHY property has been made developable due to infrastructures in place by the developers. He spoke to Eagle Ranch development which is closer to the community center. He asked the Commissioners be diligent in their efforts to apply the Master Plan and 6 02-22-2000 concentration of development around community centers when reviewing this application. He spoke to the totality of applications that are currently in process. He stated the Town of Eagle currently has about 3500 people. He stated currently under review there are 72 holes of golf proposed and if Cross Creek goes through there will be 90 holes of golf within the Brush Creek Valley. That asks certain questions concerning character of the Brush Creek Valley. He stated they also have another 2600 units of development currently in process. He stated when these units are fully occupied it would be another 10,500 people added onto the existing population. He stated these figures do not include development proposed for Buckhorn which will be 800 or 900 units. Are we growing to fast and out of character. With respect to utilities, the Town of Eagle has agreed to provide 200 water taps on a portion of this property, if all provisions of that agreement are met they fully intend to honor that commitment. He stated the Eagle Town Board has not made a decision on the additional 150 units. He stated the Board decided to review additional plans to assure they were in conformance with the Land Use Plan and the Master Plan. With respect to wastewater, they believe the proposal to put a wastewater plant on this site raises many disturbing issues and is a problem with State policy in terms of208 Water Quality Review and with 1041 Regulation review, which this Board will have to approve. He stated this plant was provided in an earlier water augmentation plan and that is true but that plan was approved under a different development proposal. Now the 208 plan calls for consolidation of wastewater plants and a regional plant in Eagle and does not call for a small package plant to be constructed up Brush Creek for 300 units. They believe that is a definitive issue in that it has distinct political policy and legal over tones. In the water augmentation plan, as much as the applicant has tried to change the plan, they are currently trying to change the water rights and this plan can also be changed. The Town of Eagle believes all issues point to development which should occur in and around the Town of Eagle. He encouraged the Board to deny the project. He stated if the Board believes leapfrog development, sprawl development, voting against the Commissioners advisory staff, problematic 1041 approvals, more land speculation, more golf, more gentrification is appropriate, then vote for this project. Chairman Phillips stated she does not believe Mr. Powell would have made those comments had the purchase of East/West Brush Creek had not completed. She stated it bothers her when the Town considered this plan, did they consider phasing of the Brush Creek Valley or was it the entire area they were considering. Mr. Powell stated there was a phasing plan that was under discussion. This particular parcel on the plan was ten years out. He stated it is curious that it is coming before the Commissioners at this time when it was not supposed to be developed for ten years. He stated it is not the right time for this parcel. It is out of sequence, out of order. Commissioner Phillips stated she was wondering if this parcel would be part of a phase if the Town of Eagle would have approved it. She questioned what criteria would the Town consider that would enable the Board to approve this project. Mr. Powell stated there are several guiding items that would help look at what it means to concentrate around a community. In the Eagle Area Community Plan there are growth boundary lines which contemplate a substantial amount of density. Commissioner Phillips stated that is the Eagle Area Community Plan and not the County's Master Plan. Mr. Powell stated the Master Plan for the County does call for development around community centers. That is what he is talking about. He stated developing on this site 7 miles out of town, 3 or 4 miles out of town, is not concentrating development around Eagle. There are hundreds and hundreds of acres around town that should be developed before this parcel. Chairman Stone stated Mr. Powell is aware of what the Town Council reviewed for development on this parcel. He questioned how close does this proposal come to matching what the application was to the Town. Mr. Powell stated this parcel was not included in the proposal to the Town as an official land use 7 02-22-2000 application. Commissioner Phillips stated not individually. Chairman Stone stated he is not asking about individually but rather as a part of the entire plan. Mr. Powell stated it was included in the plan and is consistent with what was proposed. Commissioner Phillips questioned the regional water plan and how the Town of Eagle would make that work. Mr. Powell stated they would like to think that approval of utility extensions is an extension of the Master Plan. That approvals work with concentrating development around community centers, therefore you extend lines. The water plan and wastewater plan is in a strategic location and can service those developments. Commissioner Phillips stated when the Town was looking at this application, there was a question with the water and whether it would be approved but she did not feel there was that big of a problem with the approval when they were considering the entire plan. Mr. Powell stated part of the plan was phasing this project 10 years out. That was one ofthe considerations. Chairman Stone questioned if this plan was to come before the Board and it was phased so that properties closer to the Town would be developed first, would the plan be more acceptable. Mr. Powell stated there is always a danger for us to say in 2000 what is best for those in 2010. He stated he would like to be sensitive to that issue. He stated he does not know if another golf course will be what people want in later years. Mr. Powell stated yes it would be more acceptable. Commissioner Gallagher questioned where the treatment plant was relative to the applicants property . Mr. Powell stated it is within the applicants boundary lines. Rick Evancho, area resident, stated what we are talking about is a natural evolution of lands in this area. He stated the land itself is going to evolve. He stated everyone has good intentions but if we follow exactly what we say we want to follow, this could be an increased density for the lands themselves. He stated they are saying this is the number of units we need to make this property work. Here is the utilities and we are going out with our growth pattern and need three or four times the density that is proposed right now. The land will evolve and will be a higher density than what is currently being requested. Eventually there will be someone requesting more units to make their property work. He stated this property will work well with what we are trying to do. They are trying to put a little employment in this valley. He stated whether or not it is the right thing to do ten years from now, he does not know. He stated the only thing constant is there will be change. The question is if this is what they want and is this a good change. Bill Heicher, Division of Wildlife, stated there were a couple of documents submitted by the division, dated November 19, 1999 and December 9, 1999. He stated the major issues is the location of the development. He stated it is the Division of Wildlife's recommendation that development occur outside critical wildlife habitats. He stated he has not reviewed the new wetlands or vegetation maps. In reviewing this proposal there were 7 golf holes and 50 units in the critical habitat areas. They are not saying this proposal should be denied but moved out of those areas. He stated the language to avoid the critical wildlife areas is in the County Master Plan, the Eagle Area Community Plan and the Eagle River Water Shed Plan. He stated the applicants consultant has stated there are native habitats that are not critical and it was okay to destroy those habitats and go elsewhere and enhance those areas to make up for that. He stated is it okay to impact or destroy resources on private land and do something on public land, or should the impacts be handled on-site. That is a decision for the Board. He stated there has been much discussion on this proposal as opposed to the proposal before the Town of Eagle. He stated at one time the Division and the proponent were close to reaching an agreement, but one of the major considerations was there was still development located in critical wildlife habitats. It was recommended those development areas be moved. He stated they were dealing with heron nests on different areas. He 8 02-22-2000 stated there are major differences between the two plans. Commissioner Phillips questioned critical wildlife habitats and asked Mr. Heicher to point those out on the map submitted by the applicant. Mr. Heicher pointed out the native habitats on the map. He stated there are approximately 50 lots in those areas. He showed the riparian corridors that are affected by lots and the wetlands that are impacted by lots. He stated there are also 7 golf course holes that are located either in whole or in part. Chairman Stone asked are there solutions that a property owner can do to improve habitat or wildlife areas. Mr. Heicher stated developments impact food, shelter and water and space for a viable population of wildlife. He stated if some of the lots and golf holes are moved out of those areas there would be very little wildlife impact. Commissioner Phillips asked if golf courses would be good habitat for deer and elk. Mr. Heicher stated not necessarily. Commissioner Phillips stated there was a lot of discussion of a wildlife corridor. She questions whether the wildlife is passing through or living in the area. Mr. Heicher stated the two movement corridors are seasonal and in between summer and winter habitats. He stated there has to be space allowed for them to move. He stated in upper Kaibab it is daily movement. He stated the larger wildlife will not use this property often but the smaller animals use this area all the time and would be affected by this proposal. The deer will use the riparian areas on a daily basis for food and water. Commissioner Gallagher spoke to the mule deer population decreasing. Mr. Heicher stated those figures are for the Eagle Valley. He stated the basic reason is land use but it is loss of critical habitat, due to housing, golf courses, highways, etc. He stated some say the increase in elk, predators, etc, are other impacts but he believes development is the major impact. Rosie Sherwood, area resident, stated this could be the most important decision for rural Eagle County. She stated this decision will affect how development occurs throughout our entire open spaces and large parcels of deeded land. At issue is the Board's willingness to implement the guidelines ofthe Master Plan and the Eagle Area Community Plan. The key here is the location of this proposal. According to staff the plan itself has some merit, however the developer has chosen to hopscotch to the further most boundaries of his holdings, bypassing his already sketch plan approved parcels and would place ten times the allowed density outside of Eagle. The applicant is asking for a density of one unit per 3.7 acres and the Board's decision will show whether this kind of density is appropriate for rural Eagle County. The Future Land Use Map for Eagle County indicates this property to be classified as rural, even more remote than the country side designation closer into town. She quoted the Master Plan, "rural lands may contain rather low density, single family residential uses on larger lots. Small concentration of homes may also occur surrounded by relatively large tracts of undeveloped land. Development is expected at one unit per 35 acres or more". She stated this proposal bears no resemblance to those densities. She stated it goes further out of compliance with the presence of restaurants, bars, clubhouse, retail, barber and beauty shops and pro shops. She took exception to the statement that this end of the valley is developed. It is not. She stated there are two very large parcels that have potential development. One is to the southwest up on the plateau, behind this proposal. She stated to the east is the Whittaker property recently has sold to a Telluride developer. She stated this land is located directly across Brush Creek Road and adjoins pristine Forest Service land. She asked if the Board was prepared to give their approval for about 460 units. She asked if the Board was prepared to allow the neighboring property owners who own 7.4 acres or more to subdivide. At 2.5 people per unit, there could literally be thousands of people in that area. The Eagle Area Community Plan directs us to protect and preserve its open space and rural atmosphere. At the last meeting a comment from the public indicated that the Board's decision will be an emotional one. That is the very last thing it should be. It must be a decision made with a clear vision for the future according to the guidelines of our planning tools. She stated if we 9 02-22-2000 cannot accomplish reasonable growth using those tools perhaps they should change. But for today they are in effect and she would ask the Board to make their decision accordingly. Commissioner Phillips asked Ms. Sherwood if she was on the Committee for the Eagle Area Plan. Ms. Sherwood stated she was as well as the ancient Master Plan in 1981. Commissioner Phillips asked for an explanation as to the measurement from the property to the Town of Eagle. Chairman Stone stated he believes it is from where they are measuring, whether from the Town center or from the boundary line. Anne Egan, resident of Brush Creek, stated she met with the CDOW and what Mr. Heicher pointed out are shown on a map that she has which shows the riparian area and the winter range. She stated she will leave this map with the Board. She welcomed Mr. Gallagher to the Board of County Commissioners. She stated she whole heartedly embraces all that Ms. Sherwood said in her letter. She stated the main thing she was going to speak about was what Mr. Heicher spoke to. She referenced the different Master Plans and the concern with wildlife habitat and riparian wetland areas. She stated to the Master Plan and related it states "protect, maintain and enhance critical wildlife habitat areas. Avoidance of critical wildlife habitat areas by developments is the County's preferred approach." She stated one of the ten primary County goals, community goals in the Eagle Area Community Plan, states "riparian corridors, wildlife habitat and migration patterns to be protected." Winter wildlife habitat both optimum and low grade are in extreme demand because of previous impacts of the development in the Valley. She quoted from the Water Shed Plan, "wetlands and riparian areas are important for water storage, aquifer recharge and discharge, stream bank protection, biological filters which are instrumental in reducing flood water impacts." She related for us to maintain the riparian areas is what this plan is stating. She stated it is important to preserve wildlife because of the importance they have to natural conservation. She stated she got the map, from Adam's Rib in September of 1999. She submitted the map for the record. She stated the proposed road to get to the water tank is in critical wildlife habitat. Numerous sections of roads and cart trails are in riparian or wetland areas. Again referring to the Eagle Water Shed Plan, "all vegetation should be left undisturbed and in its natural state." It goes on to state that development should "locate all structures, grading, paving and land disturbances outside the riparian zone or outside the 100 year flood plain or 75 feet, measured horizontally from the high water mark, whichever is greater." This proposal is not in conformance with any of the three existing adopted plans she has referred to. She stated there is no public access to Frost Creek through this project. This would be the perfect place for public access. She questioned if we really need another golf community. She stated most of the Planning Commission members wondered if there was a need for a private golf community. It is not diversifying the economy. That is one of the ten primary goals in the Eagle Area Community Plan. She stated it was brought up the suggestion of the equestrian community. Something to diversify the economy. She stated there is no affordable housing and there are ten caretaker units but do not have to be built. She stated this project has no affordable housing and the caretaker units are a question. Ms. Egan stated she agrees with the statement by Mr. Evancho that the only constant is change. But it does not mean that higher density has to occur. She stated the Board will make those decisions and she hopes the Board will use the guiding documents that were put together by local citizens and hired consultants who are experts in their field. Mr. Fritze stated it would be important to ask Mr. Heicher if the map submitted by Ms. Egan reflected his understanding. Commissioner Phillips asked ifMr. Heicher has a copy of the map. He stated he does not. Mr. Fritze stated it would be important that Mr. Heicher review the map. Commissioner Stone stated that could happen later. Commissioner Philips asked if Ms. Egan was a member working on the Eagle Area Plan. 10 02-22-2000 Ms. Egan stated she was not. Steve Woods, resident on Ring Neck and not a member of the Eagle Area Plan, questioned the character and the desire of those who live there to maintain the character of the area. He questioned when does the character of the community override someones rights to their property. He stated there is criteria for approval and rules and regulations that have to be met to move forward to the subdivision. He suggested they hold Mr. Kummer's feet to the fire concerning water, sewer on the wildlife issues. He suggested working together but make the applicant do what is right. If the applicant meets the rules and regulations it really falls upon the Board to move forward with approval. He stated he is concerned with keeping the character of the neighborhood. If they had kept the character of the neighborhood the entire future of this County would not have moved forward as quickly as it has. He suggested if he meets the criteria let the applicant move forward. Commissioner Stone asked if there was additional public comment. There was none. He closed public comment. He asked for the applicant's rebuttal. Mr. Knight spoke to the key element ofthe proposal that planning is good. He stated they chose the PUD so they could respect the land areas. He stated they are providing full services and this is a piece of the overall puzzle of Brush Creek. Stay off of the areas they should avoid. He stated they have avoided almost everywhere. He stated they have done a site specific study and relied on their conclusions. He spoke to the aerial photo and the privately used agricultural land. Avoidance is first, mitigation is second and compensation is third. He stated they are doing all of those. They believe it is a good plan and they stand by it. Randy Cloid, Adam's Rib, showed a Forest Service picture from 1981. He showed the pasture land and the Frost Creek area where the main drainage is. He stated this area has been disturbed for numerous reasons. He stated they have laid the lots out after looking at the land, the slope analysis, the wildlife analysis and how their project best fit the land. Commissioner Gallagher asked on the water issue, the applicant states they have augmentation from Eagle Park. Mr. Ferguson stated they have included the Eagle Reservoir to mitigate impacts that might have happened on the Eagle River and Colorado River. He stated they are also using on site reservoirs to mitigate impacts on Brush Creek. He spoke also to Wolford Mountain up near Kremmling to mitigate any other impacts on the Colorado River. Commissioner Gallagher asked how many cubes they are taking. Mr. Ferguson stated 1.6 acre feet for the club house and 28 acre feet for the other which is over the whole year. Commissioner Gallagher asked about the School District. Randy Cloid stated they have met with the School District and showed them the land. They are concerned there might not be enough acreage. Commissioner Gallagher stated he is confused by the January 18 document where in one area they want to claim they are the resort considered on the Future Land Use Map and justify their compliance with the Master Plan. He suggested that expired a long time ago. In the Eagle Area Community Plan they state it is in no way a free standing resort development. Mr. Knight stated the point was the plan did call for a resort there and golf is often considered a resort. However this is a private resort for the use of golf by those residents. It is an amenity to the proposed subdivision. Commissioner Gallagher asked about it promoting summer recreation. Mr. Knight stated the amenities are for the residents with the exception of the bike path. Commissioner Gallagher asked about housing and the goal of 20% will be available for employees. Keith Montag stated that is correct. That is the philosophy or policy which indicates they try to provide housing for 20% of the employees generated by the project. He stated that is the Arrowhead 11 02-22-2000 plan. Commissioner Gallagher suggested not counting the construction employees that is about 39 employees. Chairman Stone referred to the document. Mr. Knight stated David Carter provided information based on industry standards. To them that seemed like a lot of employees. They feel the need for providing for employees as well. He spoke to the fifteen caretaker units. He stated in another jurisdiction they have 129 units. They have given a strong and flexible program providing a transfer fee the County can allocate over time. He believes they have gone well beyond what they are required to do. Chairman Stone asked what kind of employee housing do they have at the Ranch. Randy Cloid stated 212 units. Chairman Stone asked along this line, he thinks there has been a dangerous precedent set with the Town of Eagle and the real estate transfer fee. He is concerned there will be money in the bank but no housing on the ground to take care of the employees. He stated he appreciates their efforts, but if the Town of Eagle approved the Eagle Ranch without affordable housing as they have, there will be no housing. He stated if they approve this without housing he sees it as perpetuating the problem. He suggested it is a function of business. He stated they need to come up with some type of solution that puts housing on the ground. Fred Kummer, applicant, stated what they are proposing at Mill Park are houses closer to $200,000 rather than $300,000. He stated they will make that happen assuming they get approval. Randy Cloid stated they have 196 units in the Town of Eagle, 1356000 square foot lots, ten duplexes and 51 town homes that are going into preliminary plan. He stated they also have the 212 units on the Ranch. Chairman Stone stated he believes that each development must stand on its own and explained he can not make a requirement that is under another's jurisdiction. Mr. Kummer stated they have made every effort on the different developments. Chairman Stone suggested that Mr. Kummer has a lot of property and he is brainstorming as to how best they can take care of the employee housing needs. Commissioner Gallagher asked if the fifteen caretaker units are optional. Mr. Knight stated that is correct. Commissioner Gallagher suggested they have nothing concrete concerning housing except money. He stated if the fifteen units happen they have no assurance they will be used for employees. Mr. Knight stated that is correct. Commissioner Gallagher asked how long it will take to build this project out. Randy Cloid stated that is a difficult question to answer. He stated you have to get your infrastructure in, see how the market goes and come back for the final plats. Mr. Kummer stated with Don on board they are sure it will happen in one year. Chairman Stone spoke to the phasing and asked what will be their intent or desire. Mr. Kummer stated in their pro-forma they ran the numbers saying they would be 90% complete m seven years. Charlie Wick, Adams Rib, suggested that is lots not homes. Mr. Kummer stated they will be building a significant number of the homes to get this project started. Commissioner Gallagher asked if they were going to be doing 30 or 40 houses per year, what are they going to do with housing for those workers. Mr. Cloid stated they will build the homes and put them on the market so that around the clubhouse the 30 or 40 for sale are lots and not homes. Commissioner Phillips questioned water, stating there are 200 taps now and related she would prefer that it become one system as compared to doing a system of their own. She stated she would like 12 02-22-2000 to see the town and the developer come to an agreement on one system, but if that is not a possibility then there is something else in place. The Town of Eagle had a lot more they could ask for than the County can. There are a lot more incentives that go along with this project. She stated if there are things this project could offer as an inducement. She stated the County cannot require certain things like a municipality can. She would like to see help with other items like a youth center, senior complex and wonders ifthe Board can look at an offer. Mr. Kummer stated he would like to get this 300 unit proposal off the ground and running. They have always been willing to work with political subdivisions and as they move forward that is more appropriate to the Ranch property than it is to this proposal. He stated he was saddened that they were not able to fashion that together and the Planning Commission made their feelings known they were dismayed the applicant was not able to make that deal. He stated there is a real value in this community with improvements to Brush Creek Road. He spoke to the improvements to the road. He stated he is hoping that even though their desire is to be outside the Town of Eagle, he would hope that as they work back through this process is to have the two road comes together. He hopes there is an opportunity to work more cooperatively with the Town and the County. He prefers to stay outside the Town. Chairman Stone stated the applicant did suggest they would like to come back through the County and he believes that what Commissioner Phillips is asking for is that they had made an offer to the Town and produced a check to go towards a recreational facility. He stated the applicant is a significant part of the development of this community. In being a good neighbor it is acting like a good neighbor and giving back to the community. He stated there are blatant developers that have made lots of money and have not given back to the community. He asked what the developer could add to the value of the community and help to build that community center. Mr. Kummer stated first the road has to work. He stated he does not believe this piece of property affects the road but his other piece of property is the one that affects the road. He stated he would be delighted to work on those other items. Commissioner Phillips stated the road is something that needs to be improved, affordable housing needs to be looked at, transportation needs are a must. She stated the youth center, bike path, senior center and assisted living. Mr. Kummer stated this application is not the place to do that but when they revisit the other property then those things must be looked at. He stated he believes there are things that have to be worked out. Chairman Stone stated he is glad the traffic issue was brought up as it has been overlooked in the past. Turning East and West Brush Creek into a park will have traffic impacts. Secondly, is the housing issue. Thirdly, he commented on improvement of wildlife habitat for it to be mitigated. He stated the Board will need some time to review all the maps. He stated the water and sewer is a problem. He stated what is going to happen long term. He is curious why the applicant skipped over a portion of their property and have chosen not to bring anything forward on the other property. He stated he is not asking the applicant to develop all of their property. Mr. Kummer stated their intention is to develop the property and not to sell. He stated what they had was the large parcel with the ranch and the hay meadows. Then there was an intermediate area and another large piece. He stated there were forces that would have a greater impact on the development of the other properties. He stated the only other option was to come before the County with the current application. Chairman Stone asked about the intentions on moving forward on the ranch property. He stated that approval expires in March of this year. Mr. Cloid stated they have submitted a letter of extension today. When they get to the golf course they will start with the ranch. Mr. Kummer stated they will work in a timely fashion. He stated he would like to get the golf course going then go back and start with the ranch. 13 02-22-2000 Chairman Stone reiterated the applicant will pursue this application then develop the ranch on a secondary basis due to a number of considerations. Mr. Kummer stated that is corrected. Commissioner Phillips stated she believes the new maps have to be reviewed and Commissioner Gallagher needs additional time. Chairman Stone stated that will be the final meeting and it would be in the best interest of the applicant to delay the decision. Commissioner Phillips moved to continue this matter to review additional information, to March 20, 2000, at the applicants request. At that time the Board will make a decision. Commissioner Gallagher seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until February 28, 2000. ;;[~ ~ Attest: Clerk to the Bo 14 02-22-2000