Loading...
HomeMy WebLinkAboutMinutes 09/21/04 PUBLIC MEETING SEPTEMBER 21, 2004 Present: Tom Stone Michael Gallagher Jack Ingstad Diane Mauriello Teak J. Simonton Chairman Commissioner County Administrator County Attorney Clerk to the Board Absent: Am Menconi Commissioner Executive Session On September 21, 2004 Michael Gallagher moved that the Board of County Commissioners go into executive session for the purpose of receiving legal advice on issues regarding payment in lieu for housing, discussion of 4-H use of Eagle Service and Support Corporation property and lease agreements with WECMRD at the Berry Creek site to discuss potential litigation concerning landscaping along Miller Ranch Road and for the discussion of legal issues concerning Eagle County and Lake Creek Affordable Housing Corporation all of which are appropriate topics for discussion pursuant to C.R.S.24-6-402(4)(b). Commissioner Stone seconded the motion and it passed unanimously. At the close of the discussion Commissioner Gallagher moved to adjourn from executive session and Commissioner Stone seconded the motion which passed unanimously. Commissioner Menconi was not present due to another commitment. This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: COIlsent Agenda A. Approval of Bill Paying for the Week of September 20,2004 (Subject to Review by the County Administrator) Mike Roeper, Finance Department B. Approval ofthe Minutes of the Eagle Board of County Commissioners Meeting for June 15, July 13 and August 2, 2004 Teak Simonton, County Clerk and Recorder C. Contract for Provision of Services between Eagle County and Coal fire Systems, Inc. County Attorney's Office Representative D. Agreement between Eagle County and Liz McGillvray for Early Childhood Partners Kathleen Forinash, Health & Human Services E. Professional Services Agreement Assessor's Office Representatjve Chairman Stone asked the Attorney if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there were not. Commissioner Gallagher had a question about Item E and asked for clarification as to what it was. John Harrison of the Assessor's Office stated that the consultant was being hired to use software to analyze data the assessor uses for re-appraisals. This has been used in the past, but it represents an upgrade. Commissioner Gallagher asked if this had been coordinated with the IT department. Mr. Harrison said it had and stated that Andy Wilkerson from the Assessor's office would be working on this project. 9/21/04 I Commissioner Gallagher asked what the price would be. Mr. Harrison stated the price would be $47,950 over two years, and that figure represented the maximum figure. Commissioner Gallagher moved to approve the Consent Agenda for September 21,2004 for items A-E, with minor revisions to the minutes of the August 2nd on page 2, Chairman Menconi corrected to Commissioner Menconi and arevision of the July 13th minutes on page 5, the removal of the statement from the Wolcott Hearing where a motion was seconded, with no original motion given. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Plat and Resolution Signing Cliff Simonton, Community Development presented the following resolutions for the Board's consideration: Resolution 2004..10110 Approve a Site Specific Development Plan for Phase III Improvements on Recreation Tract C ofthe Berry Creek / Miller Ranch Planned Unit Development (Eagle County File No. PR-00025). The Board considered the Applicant'i request on September 7th, 2004 Commissioner Gallagher moved to approve Resolution 2004-101 To Approve a Site Specific Development Plan for Phase III Improvements on Recreation Tract C of the Berry Creek / Miller Ranch Planned Unit Development (Eagle County File No. PR-00025). Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. ResOlution 2004'-102 Approving the Chocholek Drainage Easement Vacation (Eagle County File No~ G- 00019). The Board considered the Applicant's petition on August 17th, 2004. Commissioner Gallagher moved the Board approve the resolution 2004-102 Approving the Chocholek Drainage Easement Vacation (Eagle County File No. G-00019). Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Connnissioner Gallagher moved to authorize the Chairman to execute the Chocholek Drainage Easement Quit Claim Deed. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Settlements Final Settlement - Agreement between Eagle County, Colorado and Vaughn Construction, Inc. for Construction of the Eagle County Landfill Vehicle Storage/Shop Building Diane Mauriello, County Attorney informed the board that the item was published for final settlement on this date and time, and no comments or claims were received. Commissioner Gallagher moved to approve for Final Settlement the Agreement between Eagle County, Colorado and Vaughn Construction, Inc. for Construction of the Eagle County Landfill Vehicle Storage/Shop Building. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 9/21/04 2 Final Settlement - Agreement between Power Electric' Company and County of Eagle, State of Colorado for the Furnishing and Installation of Electrical Improvements to the Eagle County Regional Airport Schedule lA and lB AIP Project No. 3-08-0020-34 Diane Mauriello, County Attorney informed the board that the item was published for final settlement on this date and ti:me, and no comments or claims were received. Commissioner Gallagher moved to approve for Final Settlement the Agreement between POwer Electric Company and County of Eagle, State of Colorado for the Furnishing and Installation of Electrical Improvements to the Eagle County Regional Airport Schedule lA and lB AIP Project No. 3-08-0020-34. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Final Settlement - Agreement between Eagle County and American Civil Constructors, Inc. for Provision of all Labor, TOols, Materials and Services for Construction of the New Temporary Parking Lot Expansion, Irrigation System, Two Softball Fields, One Multi-Purpose Field and Associated Trails for Berry Creek Phase Two Project, Edwards, Colorado Diane Mauriello, County Attorney informed the board that the item was published for final settlement on this. date and time, and no cOm1lJ.ents or claims were received. Commissioner Gallagher moved to approve the Final Settlement for the Agreement between Eagle County and American Civil Constructors, Inc. for Provision of all Labor, Tools, Materials and Services for Construction ofthe New Temporary Parking Lot Expansion, Irrigation System, Two Softball Fields, One Multi- Purpose Field and Associated Trails for Berry Creek Phase Two Project, Edwards, Colorado. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Agreement Regarding Provision of Architectural Services for the Miller Ranch Child Care/Community Center Facility Diane Mauriello, County Attorney described the agreement between Eagle County and Shepherd Resources for architectural services. Commissioner Gallagher asked about the cost. Mr. Ingstad stated that the building would be about $2.4 million and the contract provided for an 8% fee, which would be around $192,000. Construction drawings should be finished by 2/17/05. He requested a discussion with the board about sole sourcing. He indicated that he had contacted RA Nelson about this and they had expressed interest. He requested authority to begin negotiations with them to speed up the project. He believes the building will be built quicker if the architect has a designated buiider to work with. Commissioner Gallagher moved to approve the Agreement Regarding Provision of Architectural Services for the Miller Ranch Child Care/Community Center Facility. Chairman Stone seconded the motion. Ofthe two voting commissioners the vote was declared unammous. Chairman Stone recollected a discussion with RA Nelson about a year ago where they had made an offer to construct on a no or low-fee basis. He believes that the County will get the best value through sole sourcing, but did not want to commit Mr. Ingstad to having to do that, especially ifRA Nelson would not give a fair price. Resolution 2004-103 Regarding Lake Creek Affordable Housing Corporation Diane Mauriello, County Attorney informed the board that her office had prepared a draft resolution which included some questions in need of further direction from the Board. She stated that Article 3-1 did permit the Board of County Commissioners to appoint and remove members to and from the Lake Creek Board. Chairman Stone asked about the number of members on the Lake Creek Board. 9/21/04 3 Ms. Mauriello stated that the board is comprised of 5 directors. Presently there are 4 serving and one vacancy. There are three county positions filled by: KT Gazunis, Am Menconi and Rob LeVine. Chairman Stone presented some background on the situation. He informed all present that the reason the board was considering removal of some of the board members was because of a recent action taken by that Board. He then asked Ms. Mauriello to give a brief history of the nature ofthat vote. Ms. Mauriello stated for the record that she is providing information that has been provided to her by others. Her understanding was that the corporation was approached by the Buffalo Ridge Affordable Housing Corporation requesting $200,000 to pay for construction and operating shortfalls. There was a meeting on September 8th at which this request was made. All four members were present, including Jamie Fitzpatrick. Mr. Fitzpatrick recused himself or abstained. Commissioner Menconi and Mr. LeVine indicated that they would support a grant to the Lake Creek Affordable Housing Corporation. KT Gazunis abstained, stating she required direction from the Board of County Commissioners. There was also a presentation on September 14th to Commissioner Gallagher and Chairman Stone by Jamie Fitzpatrick; requesting concurrence or advising of the Lake Creek Affordable Housing Corporation's intent to grant this loan. Chairman Stone stated that they had asked for additional information and had asked the county administrator to follow up with additional information to determine financial viability of the sustainability of the Buffalo Ridge Affordable Housing Corporation. Mr. Ingstad informed the board that in his opinion and based on investigation of expenses and operating procedures, the property is running tight and the corporation would need to cut expenses further if they got into trouble. He received assurances that the corporation would be successful, at least for the next year, and Mr. Ingstad passed this information on to Commissioner Gallagher and represented that it looked like the corporation would be successful for the next year. He spoke to the Town of Avon about the prospect of their participation. The Town of Avon indicated they would not be able to help. Commissioners Gallagher and Stone had inquired about whether our housing corporations would need additional help. He responded that he felt this help would be needed at some point in the future. Mr. Ingstad asked Chairman Stone and Commissioner Gallagher if they supported the loan of $200,000. Commissioner Stone indicated that he felt this money should be used for County properties and felt that Avon should take care of this particular problem. Commissioner Gallagher indicated that he did not support the loan. In the meantime Mr. Ingstad stated that he got a call informing him that this deal had already transpired. Chairman Stone stated that when a commissioner sits on various boards, he should yield his own personal feelings to the. decisions of the Board of County Commissioners. He sited several examples of situations where he had declined to make a decision about spending substantial amounts of money without informing the other board members. Commissioner Gallagher stated that the reason he did not support the transfer of funds is because the County has its own projects, one of which is repairs to the senior housing. There is also the need in his opinion to grow the Golden Eagle Apartments. He spoke about Riverview and the fact that it is voucher housing from HUD and deserves and needs repairs. He stated that the Mountain Glen Corporation that he was a member of went out of business by way of foreclosure. He did not want to support this corporation without assurances that it would succeed. The fact that tIle-TowTI of Avon didn't see this project as a priorirj also influenced his opinion. He stated that it appeared that the Lake Creek Board ignored the desires of the county. He concurs with Commissioner Stone about not taking personal issues to the outside board, but taking the will of the county. Chairman Stone added that Corum has acted very irresponsibly. Jamie Fitzpatrick did not properly recuse himself, as he is part of Corum. His company, Corum, manages both the Lake Creek and Buffalo Ridge projects. Chairman Stone considers it a direct subsidy to Corum to cover a construction shortfall and a public corporation should not have to pay a private corporation for mismanagement of construction; The operating shortfall was based on project vacancy. He considers it extremely irresponsible for Commissioner Menconi to ignore the wishes of the county. He believes that Mr. LeVine and Mr. Menconi should be replaced with two members who would represent the county. Commissioner Gallagher suggested a tabling of this issue until the end of the day and Chairman Stone concurred. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 9/21/04 4 Eagle County Liquor License Authority Don DuBois, Clerk and Recorder's Office Consent Agenda--Liquor License Renewals A) Eagle's Nest Vail Mountain B) Golden Eagle Inn 118 Beaver Creek Place Beaver Creek C) Rancho del Rio Liquors 4199 Trough Road Bond, CO D) Vila.. Center for the Arts 68 Avondale Lane Beaver Creek E) Wildwood Shelter Vail Mountain Conunissioner Gallagher moved to approve the Liquor Consent Agenda, Items A-E. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared UnanimoUS. Other Liquor A. Ftites LLC DBA Prites CONCERNS / ISSUES: Frites, LLC Frites Jim Errant, owner 27 Main Street, Unit C-10l Edwards, CO 2003 None APPLICANT: DBA: REPRESENTATIVE: LOCATION: \.TEAR LICENSE ISSIJED: DESCRIPTION: This is an application for transfer of ownership of a hotel and restaurant license. This license is currently held by Hangtime Partners, LLC dba River House Restaurant and is located in the Riverwalk in Edwards. The license expires in June of2005. The applicant currently possesses a Temporary Permit issued on August 24,2004. STAFF REPORT AND FINDINGS ESTABLISIDNG THE NEIGHBORHOOD This step is not necessary under the rules for a transfer of ownership. NEEDS AND DESIRES OF THE NEIGHBORHOOD 9/21/04 5 This step is not necessary under the rules for a transfer of ownership. OTHER FINDINGS >> This application is in order, all application requirements have been met, all the proper forms have been filled out, and all fees have been paid. >> The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities and was valid as of the date of receiving the application. >> The applicant is reported to be of good moral character. >> Applicant is currently operating under a temporary license issued by this board. >> The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. >> The applicant is over 21, fingerprints are on file, and his Personal History Record is on file. >> Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. >> The premises are not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. ~ The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. ~ The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. James Errant, applicant was present. Commissioner Gallagher asked for his experience with the Colorado Liquor Code. Mr. Errant stated that he operates the Gore Range Brewery for the past 7 years. He is familiar with the Colorado Liquor Code and all of its requirements. He will be the manager, along with his daughter and son-in- law. Commissioner Gallagher moved the Board approve the transfer of ownership of the Hotel and Restaurant license from Hangtime Partners, LLC dba River House Restaurant to Frites, LLC dba Frites incorporating all staff findings. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. B. Feather Petroleum Co. dba Stop and Save #18 APPLICANT: DBA: LOCATION: CONCERNSIISSUES: Feather Petroleum Co. Stop and Save #18 47 Edwards Village Blvd. Edwards, CO None DESCRIPTION: This is a renewal for a 3.2% Beer Off-Premises retail license. This establishment was involved in a sting operation on December 4, 2003 and had its license suspended for 20 days, from 1/20/04 to 2/9/04. This was their sec,ond violation, the previous one occurring September 5, 2002, resulting in a one day suspension of their license. STAFF REPORT AND FINDINGS: I. All fees have been received and all necessary documents have been filed. 2. There have been no further violations since the December 4th incident. 9/21/04 6 3. The suspension was served from 1/20/04 to 2/9/04 STAFF RECOMMENDATION: All findings are positive and staff recommends approval. Staff is looking for guidance from the Board as to how they wish to proceed with this matter. There are two options: A. Decide that the applicant has served the appropriate penalty and, since there have been no further incidents, place the incident on the Consent Agenda for approval on September 28th. B. Schedule a hearing and have the applicant appear before the Board. This will require a posting and notification to the applicant at least 10 days prior to the hearing. The hearing could then be scheduled for October 5, 2004 at 11:00 am. Bryan Treu stated that he had been involved with the decisions about how to proceed with this renewal. Commissioner Gallagher stated that there is a penalty hanging over their head of 10 days in abeyance. This additional penalty will remain in effect for two years. He requested that the applicants be present for a hearing on October 12, 2004. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Other Chairman Stone discussed the movement of the Red Barn located on the Eagle County Fairgrounds. There was a discussion with the Fair Board last week and the recommendation of the Fair Board was to build a brand new facility, rather than spend up to $50,000 to move it. Representatives of LaFarge were at the meeting and were made aware by the Commissioners that they were still expected to contribute money to this project Commissioner Gallagher felt that they had come to a consensus at the meeting to replace the existing Structure with a larger facility. He believed that a new replacement site should be chosen before they dig up the old building. Chairma.n Stone stated that the commissioners had offered to give the Barn away to anyone who wanted it. He believed that the County had already entered an agreement with a moving company to move the barn and wondered what the County's liability would be if this contract were to be cancelled. Walter Mathews of the County Attorney's Office stated that the County does have a termination clause in the contract that it can execute with 7 days notice, with the appropriate costs being paid to the contractor. These costs should be very nominal, as no work had been done, as of yet. Ms. Mauriello stated that there is a provision for an assignment that may be possible with written consent of both parties. Chairman Stone stated that he would like to see the Attomey's Office cancel the contract with the moving company as soon as possible. Also he would like to get a commitment from LaFarge of the same-amount of money pledged for moving the barn to contribute to the cost of constructing a new building. Commissioner Gallagher concurred with these statements, and stated that he would like to see Facilities begin irnmediate costing and design work on the new building to expedite construction. Chairman Stone concurred with this additional statement from Commissioner Gallagher. He would also like to see advertising of the availability of the Red Barn begin. There has been no outcry from the public about this barn having historical significance and needing to be preserved. Abatement Hearings John Harrison of the County Assessor's office presented these files. Brian E. Falck Schedule No. R023058 Mr. Harrison stated that the office looked at the lots the petitioner owned and stated that the office would recognize the lots as being contiguous for the 2004 tax year. The petitioner wanted the lots to be recognized as 9/21/04 7 being contiguous for the tax years of 2002 and 2003. The assessor's office lacked the latitude to make that decision, so Mr. Falck is appearing before the Board to get this relief. Chairman Stone asked why the assessor's office did not have the latitude. Mr. Harrison responded that contiguous classification is based upon inspection of the property, and they didn't inspect the property in 2002 and 2003. Chairman Stone asked Mr. Treu for statutory language about this petition. Mr. Treu stated that state statute allows the County to go back two years for abatement. He spoke with the applicant and asked that the applicant send in an affidavit, which he did. They have no evidence to dispute to the contrary that the property was not as stated in the applicant's affidavit. Mr. Harrison stated that they performed a paper trail and could not find any evidence supporting or opposing this petition. He asserted that aerial photography done in 1998-99 showed that there was nothing located on this property. There was no evidence to prove that this property looked any differently in 2002 or 2003 than it did in 2004. Commissioner Gallagher moved to approve the petition of Brian E. Falck for abatement and refund of taxes for Schedule No. R023058 be approved for the tax years of 2002 and 2003. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Peter L. Webber Schedule No. R053752 Mr. Harrison stated that Mr. Webber has a vacant lot in Gypsum with a higher appraisal than other properties nearby. The other property pointed out by the applicant was in a later filing and is treated differently for taxation purposes. This is because the filing occurred after the assessment date forthe current re-appraisal. The board provided comparables for the subject property and the board recommends the denial of the abatement. Mr. Treu stated that he spoke with the applicant and the applicant indicated that he would not attend the hearings today. . Commissioner Gallagher asked for clarification about what was going on with this file. Mr. Harrison explained that the appraisal is higher than surrounding properties because the applicant's property is in Filing 1 of Chatfield Comers and the other properties are in Filing 2 of Chatfield Comers. Commissioner Gallagher moved that the petition of Peter L. Webber for abatement and refund of taxes for Schedule No. R053752 be denied for the tax year of2003 in the amounts and for the reasons set forth in the assessOr's recommendation. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Planning Files PUP-00028 & ZC-00070 - SlIoam Svrin!!s PUU Clifford Simonton, Planner, Community Development NOTE: File was tabled from 8/17/04; to be tabled to 11/30/04 ACTION: PUD for 5 lots on the Eagle River in Dotsero LOCATION: 002412 Hwy 6, Dotsero Commissioner Gallagher moved to table Files PDP-00028 and ZC-00079 - Siloam Springs PUD, at the applicant's request, until 11/30/04. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. PR-00027 Miller Ranch Landscavin!! Plan Joe Forinash, Community Development NOTE: ACTION: File was tabled from 8/24/04; to be tabled to 10/12/04 Proposed revisions to the Landscaping and Fencing Plan for Miller Ranch 9/21/04 8 LOCATION: Miller Ranch, Tract D, Berry Creek Miller Ranch PUD in Edwards Commissioner Gallagher moved to table File PR-00027 Miller Ranch Landscaping Plan, at the applicant's request, until 10/12/04. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. PDF-00085 Herita~e ParkPUD Joe Forinash, Community Development ACTION: Final Plat for Heritage Park which would create 24 single-family lots and 2 open space parcels on an 11.474 acre parcel LOCATION: The Allen Tract (off of Allen Circle in Homestead) TITLE: FILE NO./PROCESS: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: Heritage Park PUD PDF-00085 / Planned Unit Development Final Plat The Allen Tract (off of Allen Circle in Homestead) Heritage Building and Development, Inc. Heritage Building and Development, Inc. (Jim Guida) Knight Planning Services, Inc. (Tom Boni) STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION A. SUMMARY: This is a final plat for the Heritage Park POO, which would create 24 single-family lots and 2 open space parcels on an 11.474 acre parcel. B. CHRONOLOGY: 1980 - Exemption Plat approved by Board of County Commissioners for the Hollis Allen Parcel, a 10.37 acre parcel in the Resource (R) zone district. 2002 - PUD Sketch Plan for Heritage Park approved by the Board of County Commissioners. 2003 - Variance from Improvement Standards approved by the Board of County Commissioners to allow only one point of ingress and egress to the subdivision. 2004 - PUD Preliminary Plan approved. STAFF REPORT REFERRAL RESPONSES: All referral responses have been satisfactorily addressed. MAJOR CONCERNS AND ISSUES: None. STAFF FINDINGS: Pursuant to Section 5-280. B.5.b(3). Final Plat for Subdivision - Action bv the Board ofCotmtv Commissioners. of the Eagle County Land Use Regulations, the following finding is made: The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for the Heritage Park Planned Unit Development, and Pursuant to Section 5-280.B.3.e, Subdivision Standards, of the Eagle County Land Use Regulations, the following findings are made: (1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM of the Master Plan; (2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all of the standards of this Section and all other provisions ofthese Land Use Regulations, including but 9/21/04 9 not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards; (3) Spatial Patterns Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan. Proposed road extensions ARE consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions ARE allowed only when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatible with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and WILL NOT adversely affect the future development of the surrounding area. Joe Forinash of Community Development presented this file and showed various PowerPoint images to the Board. He stated that the applicant is seeking final approval of the plat to create 24 single family lots. Findings are positive and staff recommends approval. He stated that the applicant is requesting the fees for the cash in lieu of the affordable housing payment be paid to Habitat for Humanity. He went over the statutory guidelines for making this payment. He stated that a resident in the area, Julie Crest, asked to have her opposition to the Heritage Park Development placed on the record. Jim Guida, developer, and Tom Boni of Knight Planning Services were present to answer questions for the Board Mr. Boni addressed their payment to Habitat for Humanity for payment for "cash in lieu". He referenced a letter from Tom Healy of Habitat for Humanity acknowledging the proposed payment and indicating his support of it. Commissioner Gallagher referenced a letter he received from Joseph Cope requesting the movement of a building envelope that impacts one of his buildings. Mr. Guida stated he received the letter and stated that Mr. Cope must be referring to the building envelope for the Vacant lot, as he has never shown a proposed building for that lot. Mr. Guida has not communicated with Mr. Cope yet, but will do so shortly. Chailman Stone opened public comment. John Goodman, an attorney and resident of Homestead, representing the Homestead Owner's Association spoke to the Board. He asserted that there are 800 lots in Homestead, and the majority of the owners of these lots oppose it. The question the residents of Homestead have involves Tract B. It is noted as a private tract in the Homestead easements and is governed by the Homestead Declaration and Design Review Guidelines. The approval of the PUD assumes this tract to be a public right of way, when in fact it is not. He feels that the residents of Homestead have either not been listened to or have been ignored. They are not looking to stop Heritage Park, but they are looking for further consideration as to the density of the project. There is a visual impact, as the proposed residences will be 35 feet high, and the surrounding residences are 25 feet in height. They are looking for reduced height, lessened density, increased lot size, decreased building envelopes, and increased setbacks. Homestead has a written offer to try to mitigate these concerns. They would like to see the commissioners table this item for further discussion by the two parties about how to resolve these differences. Commissioner Gallagher asked about a letter from the developer stating they would comply with Homestead requirements. Mr. Forinash stated that letter referred to making the Heritage Park design review guidelines identical to those of Homestead. He believed it had to deal with the height restrictions. 9/21/04 10 Mr. Guida clarified that he had submitted design guidelines that are very similar to Homestead and based upon their guidelines. Mr. Boni stated that the language for height guidelines for Heritage Park match verbatim the Homestead guidelines. Mr. Goodman disagreed with these statements. He stated that Homestead's height limitations are 28 feet and Heritage Park's proposed homes vary in height from 25 to 35 feet. Mr. Forinash stated that Heritage Park does match Homestead and Homestead guidelines allow for heights of up to 35 feet at the discretion of the Design Review Board. Commissioner Gallagher asked Mr. Mathews if there are two processes going on: I) The County process of approval/denial of the POO and 2) Compliance of the applicant with Homestead Subdivision guidelines. Mr. Mathews agreed with that statement. He stated that the Land Use Regulations, Plat, and POO guide have been looked at by the Attorney's office and they could not fmd anything concerning the right of way access in either granting or denying it. As far as the County part of the process is concerned, he believes the applicant has followed the Land Use Regulations. Eagle County does not enforce private covenants. Mr. Goodman stated that this puts things into a delicate balance because changing the zoning will result in a direct impact of Tract B. Any proposed access road would be subject to the Homestead Design Review Board approval. Commissioner Gallagher stated that the County's approval to access to Tract B is meaningless without Homestead's approval. Chairman Stone stated that best method to oppose this is in a civil suit, not here, and this is not the County's responsibility. Mr. Goodman stated that he would like to avoid a civil suit, if possible, and would like to see a tabling to give the opportunity to try and work things out. Mike Cacioppo, who was a resident of Homestead at the time the file was originated, spoke to the Board. He stated that he bought his house in 1995, knowing full well that four buildings were going to be developed very near by. He stated that this project meets the guidelines of the Master Plan approved by the same people who are opposing this project. He feels that the homeowners should have known that there was going to be some type of building activity going on in the vacant lots there were nearby. The homeowners had the opportunity to work with the developer and chOse not to. He doesn't believe that a majority of people in Homestead truly oppose this project. He has seen the developers jump through "a zillion" hoops to satisfy everyone and believes that this file should be approved. Chairman Stone closed Public Comment. Mr. Boni made the point that at one of the meetings with the Homestead Homeowners Association they had thought they had reached agreement at the end of the meeting, but found out later that the Homestead Homeowners Association had already decided to fight this project to the bitter end. Chairman Stone asked Mr. Mathews if the County can allow Heritage Park to directly donate the money to Habitat for Humanity or whether there needed to be some sort of specific agreement in place between Habitat for Humanity and Eagle County. 1\1:r. Mathews stated that he would need to research this issue to give a definitive issue. Chairman Stone asked about the timing of the first payment to Habitat for Humanity. He believes the funds are payable with the issuance of the certificate of occupancy on the first unit of the development. Mr. Boni was aware of this and agreed with it. Mr. Mathews read from the Eagle County Guidelines and stated that the money should be placed into a separate fund to be used by Eagle County or other housing programs throughout the County. Chairman Stone stated that the money would come to the county first, but then they could earmark those funds to Habitat for Humanity at the applicant's request. Mr. Mathews stated that he would confirm this and report back to the commissioners. Mr. Boni asked that the motion reflect where the money would be specifically paid. Commissioner Gallagher asked if all preliminary conditions have been met. Mr. Forinash replied that they had. Chairman Stone went over the staff findings for the record and stated that they were all positive. Commissioner Gallagher agreed with those findings. Commissioner Gallagher moved to approve File No. PDF-00085, incorporating the Staff findings, and authorize the Chairman to sign the plat and the Subdivision Improvements Agreement, and further that the monies 9/21/04 11 be paid directly to the county no later than the issuance of the first certificate of occupancy and that the County will see that all money will go to Habitat for Humanity. Chairman Stone asked if the Subdivision Improvements Agreement had been worked out. Mr. Mathews stated that it had been. Chairman Stone asked that all future developments reference the Master Plans and Land Use Regulations. He believes that the applicant has attempted to be a good neighbor and hopes that they continue to do so, especially during construction of the homes. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Chairman Stone and Commissioner Gallagher continued the hearing from the morning session about Lake Creek Affordable Housing Corporation. Chairman Stone thanked Mr. Levine for his service, but felt that new blood would be good. He found the $200,000 expenditure troubling as it goes to a construction shortfall, which is a conflict of interest, as Corum had interests in Lake Creek and they were the developers for Buffalo Ridge. He spoke with Kevin Brubeck who is President of American National Bank, serves with the Lion's Club and the Rotary, and indicated his willingness to serve on the Board. Mr. Stone believed Mr. Brubeck would be a sound choice to serve because of his experience and knowledge about running a profitable business. Commissioner Gallagher asked if Mr. Brubeck represented a business that employed 5 or more full time employees. Chairman Stone stated that he did and mentioned that Mr. Brubeck expressed concern about being viewed as the person who kicked off the other members. Chairman Stone emphasized to Mr. Brubeck that this would not be the case. COnllnissioner Gallagher asked that Chairman Stone take Commissioner Menconi's seat on the Lake Creek Board. Chairman Stone reluctantly accepted the nomination. He believes that the various Housing Boards should be restructured as soon as possible to prevent events like this from occurring again. Ms. Mauriello recommended that the Commissioners include a provision that the Board send proper notice, as is required under the bylaws to any member that is removed. Commissioner Gallagher moved that the Board approve the Resolution 2004-103 concerning the removal and appointment of directors to the Lake Creek Affordable Housing Corporation Board of Directors specifically that Arn Menconi and Rob LeVine be removed and that Kevin Brubeck and Tom Stone be appointed to sit on the Board and that appropriate notice be sent to those being removed. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. There being no further business to be brought before the Board the meeting was adjourned until Septerrber 2 , 2004. · Attest:" ~ ' Clerk (Jj the Board 9/21/04 12