Town Council - Regular Meeting

Friday, June 19, 2026

The Basalt Planning and Zoning Commission met to discuss a proposed 94-key hotel development at 218 East Valley Road and a PUD amendment for a single-family home at 739 Hillcrest Drive. The hotel proposal generated significant public comment regarding traffic, housing, and environmental impact, while the PUD amendment for a disability accommodation was unanimously recommended for approval.

About this meeting

Government Body
Town Council
Meeting Type
Town Council
Location
Basalt, CO
Meeting Date
June 19, 2026

Transcript

457 sections

0:10Speaker 17

Thank you, Amy, and thanks everybody for settling down there so quickly. We'll get started on our P&Z meeting Tuesday, June 16th, 2026 at 6.06. Call to order.

0:25Speaker 26

Yes. Kyle Overketter. Here. Rob Leavitt. Yes. Cindy Hirshfield.

0:33Speaker 26

Mike Horvath. Here. Ben Fierstein.

0:37 – 1:00Speaker 26

And Bill Marin, Eric Vosick, and Bob Kaplan are absent. You have a quorum. As the first item of business, since the chair and the vice chair are not here this evening, P&Z needs to elect a chair for the evening. Is there any motion to elect a chair?

1:02Speaker 21

Motion to elect Rob Leavitt as chair.

1:05Speaker 8

I'll second.

1:06Speaker 21

All in favor?

1:09Speaker 26

All right, Rob, you're the chair. Thanks, guys.

1:12 – 1:42Speaker 17

Let's get the party started. We start with a public hearing and introduction to 218 East Valley Road PUD amendments, site plan review, annexation amendments, associated development review actions. Good evening. For the purpose of considering an application submitted by Bowtie Partners and Walsh DuParc for a 94 key hotel, two deed restricted housing units and associated infrastructure. Carlton.

1:42Speaker 22

Good evening, PNZ. Can you hear me now?

1:52Speaker 17

I can shout, but we have these mics. One moment.

2:11 – 10:58Speaker 22

Good evening, PNZ. My name is Carlton Henry, Planner 2 with the Town of Basalt, here to introduce a public hearing and, as mentioned, an introductory meeting for a site plan review, special review, PUD amendment, housing mitigation report, and other associated development review actions for the redevelopment of a commercial site located at 218 East Valley Road within the Town of Basalt. The proposed redevelopment would occur on what is known as Lot 2A at 218 East Valley Road, distinct from the commercial condos on Lot 1. Wall Street Barton Bowtie Partners, hereby known as the applicant, have applied for the aforementioned applications for land use and development review through the Town of Basalt to construct two deed-restricted, four-rent residential units associated with the construction of a 94-key residence in by Marriott Hotel. A vicinity map has been included as part of the application this evening and is shown below for context. The site is located generally south of Highway 82, generally north of the Sopris Village PUD, and generally northwest of the City Market site. Within the town of Basalt, although the site is bounded on the western and southern boundaries by unincorporated Eagle County, For some background on the project, the subject property formerly known as the Movie Land movie theater site is approximately 2.1 acres in size, is located at the northwest corner of Basalt. The property is identified as lot 2a in the old orchard Plaza PUD Which is zoned PUD with an underlying zoning designation of c3 commercial the applicant has proposed the construction of two residential units for rent of five hundred and fifty three square feet and six hundred and forty three square feet respectively to be deed restricted at category two totaling just under 1200 square feet 250 square foot private storage areas totaling 100 square feet are also proposed meeting the private storage requirements in the community housing guidelines the property does not currently contain any deed restricted housing units on site or any mitigation units off site The review process for this application requires a review from the Basalt Affordable and Community Housing Commission, BACA's referral agency on any land use applications that provide deed restricted housing or that require commercial mitigation. This committee is tasked with producing a recommendation to council regarding compliance with the housing guidelines and the land use code requirements related to housing. On June 11th of this year, BOC reviewed the application with consideration given to consistency with the master plan, the level of affordable housing mitigation, the proposed unit mix compliance with the minimum livability requirements found in the community housing guidelines, the proposed occupancy priorities, and storage and bicycle storage. Bach unanimously recommended approval of the application with conditions that staff and the applicant address soundtrack transmission at Planning and Zoning Commission and that the applicant dedicate the most proximate parking spaces to the residential units for use by the residents should the development proposal go forward. Discussion was also given for note here at P&Z discussion also occurred surrounding the location of the proposed units on the site and Bach found the location after discussion to be appropriate. The proposed application requires review by the Planning and Zoning Commission and a recommendation to town council for a decision pursuant to town code section 1665, planned unit development approval procedures and town code section 1644, special review application requirements and procedures. Staff will draft conditions for Planning and Zoning Commission for consideration and discussion at a future meeting. Town Council will be the deciding body. Staff is recommending continuation of the application this evening and taking the time to discuss this application and have P&Z ask questions of the applicant as well as hear public comment. As you'll see, there are several people in the room this evening for this application. Discussion items that staff would like to note for Planning and Zoning Commission include consistency with the master plan. Staff has included a number of goals and objectives related to the housing proposed as part of this application. Staff would also recommend that P&Z review and discuss the level of affordable housing mitigation. I'll just note briefly that the applicant has proposed two residential units to be deed restricted, category two. with the priority given to employees of the hotel development associated with this development proposal. The applicant has proposed alternative employee generation calculation as part of this application. And I'll just make a quick note on that. Town code section 16417 allows applicants to provide alternative employee generation should the town's standard commercial calculation be inappropriate for the application. The town's employee generation calculation is based on retail commercial and after discussion with the applicant, the applicant believes that less than four employees per thousand square feet will be generated as part of this application and has been an alternative compliance has been provided and included as part of the packet materials this evening. Town staff would also recommend that Planning and Zoning Commission review the unit mix proposed as part of this application. Compliance with the minimum livability requirements, as noted, BOC did unanimously approve the application for compliance with the livability requirements. The applicant has proposed alternative compliance for private open space in the form of combined private open space for the residential portion of the project. As noted, the occupancy priorities have been proposed to be changed with a priority given to employees of the hotel. No other changes to the community housing priorities are proposed as part of this application. The applicant has met the required storage and bike storage for the residential portion of this application. And then staff would also note that the applicant has requested a mixed-use parking reduction of 18.2% with six fewer parking spaces than required on-site, and then already on the site 12 spaces are required to be dedicated to the adjacent property. So there's already an adjacent, right, there's already a parking sharing agreement on-site that will need to be respected. A number of annexation and PUD agreement amendments are proposed as part of this application, including change to the maximum height as approved in the planned unit development agreement and annexation agreements, a deferral to the town C3 zoning district for the floor area standards, and Town Staff would request that Planning and Zoning Commission consider those requests as well. Town Staff has also just noted review criteria related to architecture, traffic, green building, and wildfire mitigation, as well as the included referral comments. Staff is still working through referral comments with a couple of our referral agencies. However, we believe that the referral comments included are complete and should be considered as such. Um, with that, if there are any initial questions, I'm happy to answer them. Uh, otherwise we'll hand it over the applicant to provide further color on their application before opening up the public hearing.

11:02Speaker 21

Is the 18.2% reduced parking based on 18 total spots or six total spots?

11:11Speaker 22

It would be 18 total spots. So 99 are required, 93 are proposed, and then of those 93, 12 are required to be shared with the adjacent property.

11:30Speaker 17

Anybody, any other questions for Carlton?

11:34Speaker 19

Or the applicant or just Carlton? The applicant's going to make a presentation.

11:37Speaker 22

That's correct. Then we'll have questions for him.

11:40Speaker 20

Carlton, does the town have traffic counts in this area?

11:44 – 12:06Speaker 22

Does the town specifically have traffic counts? Yes. Not to my knowledge. I do know that Eagle County has provided traffic counts as part of the updated intersection infrastructure upgrade at the El Jabal Road intersection. James, do you know if the town specifically has traffic counts?

12:06Speaker 26

We don't have separate traffic counts, but we can get you Eagle County's traffic counts as part of their intersection improvements for a future meeting.

12:15Speaker 21

Can we get archived traffic counts as well, dating back to when the movie Land was operational?

12:21Speaker 26

I don't know that we have that, but we can take a look.

12:29Speaker 19

When they gave their alternative employee calculation, did we back check that against other hotels or anything else?

12:37 – 12:54Speaker 22

They provided, I would say, an appropriate list, maybe not extensive, but an appropriate list of comparable hotels in the area and in similar communities as part of that alternative compliance. That's included in the packet materials as well.

12:55Speaker 8

If you go to the very end, it's, I think, exhibit 18, Kyle. Thanks, Cindy. I looked at that as well.

13:02Speaker 4

18, there it is. Thank you. Appreciate it.

13:05Speaker 19

Didn't make it to page 140. We're good.

13:14Speaker 22

Any other initial questions? I'll hand it over to Grant.

13:22 – 13:46Speaker 25

All right, thank you very much. I appreciate it. Thanks, everyone, for being here. Before, oh, I will, I will, thank you. I'm gonna introduce our partner, Ben Moss, to introduce the project initially, and then I'll jump in myself and run you through the details of what we're proposing. Ben, you'll hear me. Can you hear me, everyone?

13:46Speaker 23

Can everyone hear me okay?

13:49 – 17:38Speaker 23

You know what? Does that work? Is that okay for everybody? Can I go split screen live? So I'm Ben Moss. I'm the owner of Bowtie Partners. I wanted to introduce myself and thank everybody in the room for your time in reviewing our project. Bowtie Partners is a four-generation family real estate and entertainment business, which started over 100 years ago. And for about 30 years, my father and I ran the company together. He passed away last fall, but I'm continuing to run the company as we did together and hope to do so for a very long time into the future, maybe even with the fifth generation when we get there. Starting about 40 years ago, my dad developed what is now Orchard Plaza, which included Movie Land, which opened in 1991. The Orchard Plaza commercial condominiums in front of Movie Land. the retail shops next to City Market. He sold Kroger Foods, the property that City Market is on, and they built that themselves. Once we knew that there wasn't a viable future for Movie Land as a business, which operated continuously for 34 years, we undertook a study to figure out what is the highest and best use of the property. And as you can imagine, we had numerous offers to purchase the property, none of which we entertained. We had several suggestions for new uses, which included some obvious ones and maybe some not so obvious ones. It was suggested that we pursue fast food. It was suggested that we pursue self-storage. And it was suggested, I promise I'm not making this up, that we pursue a shooting range. We have no desire to sell the property and none of those uses or the others that we considered were particularly exciting to us. So we looked hard at how to figure out how to combine our entertainment experience and our real estate experience and to find a new venture that is allowed in our zoning district that would be economically viable for us and for the town that we can be proud to own hopefully for a long into the future. And it was clear to us after that analysis that developing a new hotel at a high quality standard but in a price range within reach of a broad range of customers is our answer. Since we don't have direct experience in developing or operating hotels, but we want to remain a long-term owner of the property and we want to remain an active participant in the development process, We launched a process to find a partner to help us do that. And that process received a whole lot of interest. We ultimately qualified eight different developers who had the experience and the capability to plan and execute the project. And of those eight finalists, some were large corporations who had a cookie cutter model for doing this. Some were luxury premium price developers who had a product type in mind that's more consistent with what we see in Aspen Snowmass. And we didn't think either of those was the right fit for the property, for the town, or for us as a partner. Um, this will be, if it's, if it's, if it moves forward, this will continue to be a family owned property. It will also continue to be a family owned business. Um, so just to clarify what might be a misconception out there. Marriott is a franchise or, and we will be a franchisee of Marriott. They do not own the business. They don't manage the business and they don't own the property. So it's a, it's a, it's still a family owned business. And in Walsh to Park, we found a match in our sensibilities and values and a partner with whom we're comfortable as long-term owners. Grant and John have successfully developed hotels in mountain communities, many in Colorado. They understand the need and have the shared desire with us to build high-quality properties that will stand the test of time and provide great value to a broad range of travelers. And they tailor their approach to the needs of the project and the needs of each community. So with that, I'll turn it over to the rest of the team. We're looking forward to hearing everybody's thoughts and comments and answering your questions as best we can. And we thank you again for your time and your consideration.

17:40Speaker 25

Thanks, Ben. Thank you very much, Ben.

17:49 – 18:00Speaker 17

Hang on, Grant. I'm getting a timeout sign from the booth. We will take five.

18:02Speaker 27

We are live streaming.

18:38Speaker 17

And we are back.

18:41 – 26:13Speaker 25

OK. Thank you, everyone. Appreciate you making time this evening to hear our proposal for the hotel tonight. Myself, Grant Dupart, my partner, John Walsh, Kira Roach, and our other partner, Ben Moss, are all here to present, answer questions to the best of our ability. We're 100% open book. Ask anything you'd like, and we'll do our best to answer what we can. Before we get into the project, I thought I'd do a little bit of an introduction about Wall Street Part as a firm, since you've heard about Bowtie Partners, and we haven't quite been around as long as their firm, but very happy to be partners with them in this project in Basalt. My background, I grew up working in hotels, not a family business. First job I had was in the hospitality industry. I got bit by the hospitality bug. Absolutely loved it. And that's all I've done my whole career. I thought that I would be in operations for the majority of my life, but ended up finding my way into a dream of owning our own hotels. I did that with my partner, John Walsh. We actually met as college roommates here in Colorado. And we started our firm Walsh DuPart in 2021. Our goal has always been to develop hotels in the places that we love. We love Colorado. Our home company is here. We're a small firm, five people, including John and myself. Right now, we've developed in Steamboat and Winter Park, and we own hotels in Durango, Colorado. We have a very focused product type in terms of our hospitality delivery. We like to deliver exceptionally high quality products that are priced at a reasonable price point. We learned this business plan earlier on in our careers working in hotels. There's a wide range of paths that you can go down from economy hotels all the way up to luxury. And we like to sit, frankly, in the middle of that segment. I thought I'd scroll through a little bit of what we're looking at today and give you some background of the project itself. This is the Movieland site as it currently stands, and we're looking to do a 94 key residence in, with two additional affordable housing units included. A little bit about the way we execute our projects. I thought I'd show you what a standard residence in looks like. This comes from Marriott's development brochure, right? And so if you're going to go to Marriott, you can actually say, hey, I want to build a residence in, and they'll give you a plan set that you can just take off the shelf and build, right? That's not what we do. We've never built an off the shelf prototype hotel. It's not what we're passionate about doing. This is what the exterior might look like. This is what an interior might look like. And this is what your breakfast area might look like. Why we like this product in terms of resort and mountain communities is it delivers a very wide range of product that attracts a lot of people and serves a variety of needs. The first and foremost, family travelers are a very big segment in the hotels that we develop. All the The rooms in this product will have a kitchen. They all have a pullout couch. A double queen room can sleep six people. We serve a complimentary breakfast. We have no bar. We have no restaurant. And so it's really a less impactful execution of a lodging option. And it requires far less people to operate the hotel than a hotel that has any sort of food and beverage operation, valet service, bellman. And that's why our employee count, as you have seen, is lower compared to some of the other hotels that you may have experienced in prior lives. A couple of the guest demographics that we often see outside of our leisure guests relate to service providers for the areas that we're working in. I'm sure it's no surprise that it's hard to keep it's hard to attract certain workers to the area. And so we often see people like travel nurses, forest firefighters and construction teams, improving infrastructure who are here for a shorter period of time, but not for an entire year staying in these assets. We in the residents in product, Whenever you see displacement related to natural disasters, this is typically where an insurance company is going to put you if you don't have a place to stay. That's a big segment in our demand. We own a residence in Durango. I'm sure you saw the floods down there quite recently. Our residence in became the place where most of the guests or the local residents ended up getting put up while their homes were repaired. We also really believe in hotels over the gig economy and short-term rentals. A couple of things that we do that are different than that product is we provide 401k benefits, health insurance, travel benefits with Marriott. If you're an employee at one of our hotels, those are things that you typically don't see if you're operating in the short-term rental space. If you're a housekeeper and you're working in short-term rentals, you're not going to have the same protections that you get when you work for a real company. In addition to that, there's a number of safety issues that we are able to tackle as both a branded hotel, but a proficient operator. That looks like anti-human trafficking efforts, anti-harassment efforts. And these are just things that are very, very, very common in the short-term rental space, whether it's lodging or short-term rentals. And we're able to address it much better than a short-term rental operation is. Not to mention, we are actually not taking homes out of the inventory in order to rent our rooms. I'll show you a little bit about the product types that we are doing so you have a sense now of what the standard residence in, if you will, could look like. This is a project that's under construction right now in Fraser, just outside of Winter Park. We're hoping to open this hotel at the end of the year. As you can see, nice metal panel siding, real stone on the exterior, small pool, hot tub, and just an elevated exterior experience. We like to try and bring in the design of the local community into our interiors. And so this is where we spend a lot of our effort. We want a high quality looking building. And then on the interior, we want people to feel like they actually have arrived in the town that they're going to. This is our front desk reception area. This is our Fireside lobby seating. We also have a small meeting space in the back that's available for local and traveler demand. This is what a breakfast area looks like in our Fraser Hotel, really focused on the fly fishing and ranch theme in the breakfast area. And then this is just another view of that. So as you can tell, we like to spend a little bit more money to do things the right way. What I want to make sure you know is this doesn't mean that we're developing a luxury hotel. We are really careful about how we spend our dollars in certain areas of the hotel. So people feel like they have a great local experience. We're not going overboard and building this hotel to a level where we have to charge $900 a night for a guest to stay here. A family can jump into a Spring Hill Suites, put six people in a room and all get free breakfast the next morning. This is the current redevelopment plan. On the left, you'll see the aerial of the Movie Land Theater and the floor plan of our hotel. We're proposing to demolish the Movie Land Theater and put the parking back behind the current retail and condo building adjacent to us. The hotel will back up to the loading side of the city market, which is lined with trees currently. So on three sides we have commercial or highway uses.

26:14Speaker 23

This is what the exterior elevation initial draft looks like.

26:17 – 29:30Speaker 25

We'd love to hear your feedback on this. Of course, there's some questions about height. We did push in certain areas to try and get some architectural interest here, but open to discuss and answer questions there. The primary materials here, we're going to be bringing in metal panel, Wood tone siding is something that we've used on a lot of our product, which is a really good high quality looking product or something similar. And we'll do real stone. We don't do a fake stone product along the ground floor, which obviously looks much better. I know there's questions around Marriott Residence Inn. Who is this? Why is this? Marriott doesn't own hotels. The owners are Ben, John, and I. John and I, when we started, we're not independently wealthy. We started raising money from people. We've never raised money from private equity. We've never had Wall Street invest in any of our deals. Most of the people who have individually invested in all of our projects have some sort of deep tie to the location in which we've invested. That is not dissimilar here. And so this still is going to be a family-owned business, operated business. Marriott is just the flag. It's important that we have the brand for all the standards I just outlined. A lot of companies, people will only stay in branded hotels because of the level of standard that they adhere to. They make you upkeep your hotel to a much higher stricter degree than what you would have if you're an independent hotel that's interior and exterior. You're constantly going through quality audits to make sure that your experience is good for the guests that are coming here. And if I'm welcoming people to Basalt, we want to make sure that we're doing a good job at it. That's why we like the brands. We have tried to do our best to mitigate how much the Residence Inn flag, if you will, is coming in here. We actually got a waiver from the brand company to reduce the number of signs which we're supposed to have on the building. And we also were able to reduce the size of the sign so that we're not plastering Residence Inn all over the side of the hotel. And I think that that helps to lend itself towards the design aesthetic of the hotel. But really, they're just a franchisee. We operate it. We own it, and it's our business for the long term. We've never sold a hotel in any of our Colorado Rockies towns. John and I are still early on in our careers. We're super proud of what we've done, and we want to do right by the communities we're in and the places that we're working. We're donating to the local philanthropies where we can. It's our signs on the side of the baseball fields. It's us helping donate used linens to the animal shelters. So I know it's hard to... objectively check that, but we do care about the communities that we work in and we're trying to do products that matter and are a benefit to the community. I think I will leave it there. I could keep going, but I know that there's a lot of people that I'm sure want to speak. Thank you very much for hearing our presentation. I'm happy to address some questions out of the gate about any items you've seen in the packet, but I don't want to keep going and take up too much time.

29:31Speaker 17

So we'll do commissioner questions for you, and then we'll open the floor to... Perfect. Thank you. Mike, here's your keynote.

29:41Speaker 20

Have you pulled any occupancy rates of existing hotels to see the demand of this hotel within the salt?

29:50 – 30:30Speaker 25

Yes, there's an average 74% occupancy rate for comparable hotels. That's over an annual period. Hotels, a good, strong hotel market would be anything in the 70s because, of course, that means as you think about what season, you're probably going to have a little bit less staff, mostly with people who are doing service industry. And then we did pull up a couple of rates that I thought were interesting for hotels between Basalt and Aspen. Average rate on a trailing 12 basis was $593. As you can imagine, that's an exceptionally high rate. It's not a rate that we're going to average at this hotel.

30:32Speaker 20

Do you have an average rate that you'd pursue?

30:37 – 30:48Speaker 25

We're projecting to be in the 200s. Okay. What was that in the 200s?

30:53Speaker 17

No other questions at this time. Happy to come back to you if anything comes up.

30:56Speaker 19

You didn't take the low hanging fruit one.

31:02Speaker 17

Cindy, go ahead.

31:03Speaker 8

Yeah, my question would be if you have the capacity or ability there to add more than two employee housing units.

31:15 – 32:42Speaker 25

I think that the financial viability of the project is going to be stressed by adding additional units. And we've done our best to meet the code. We actually conservatively estimated the employee counts that we've got for the project. And I can just skip ahead here and show you this table. We're anticipating to generate 16 additional employees at the project. We estimated 20 in the analysis we did where we came up with the two units. And then in addition, There were many more associates than four working at Movie Land, but we went ahead and did the full-time equivalent by dividing all those hours and added that into our calculation. Even if you take that out, we rounded up from basically the 1.34 unit requirement to two. If you take all of that out, the requirement for the code is 1.6. And we talked through this at length with Bach. Look, my frank response, taking some of the developer hat off a little bit, is that forcing employees to live in the hotel is probably not the best execution for them. And that's why we all came to the conclusion that we're going to put the units where we are and we're going to put the signs where we are because someone is going to leave work here and then they're going to be in the exact same building that they're working in. Um, I think we've done a very good job at mitigating that with our two units, but I'm not, um, extremely excited about putting more of our people in the same building.

32:42Speaker 17

Do we have a elements is, is within basalt. Do we know how many units they provided? Zero. That might be a question for James.

32:52Speaker 26

They were part of a larger PUD amendment, uh, for Willett's town center.

32:58Speaker 26

And so there was a total of 50 affordable housing units provided, but it was for more than just the element at that point.

33:08Speaker 25

I don't think that any of those are in the hotel, correct? That's correct. There's no.

33:19Speaker 19

Exhibit 2B as your variance requests, but the height is not in here.

33:26 – 33:46Speaker 22

I can respond to that. The height request is through a PUD amendment, would not be asking for a variance from the underlying zoning as the zoning is currently PUD, if that makes sense. They're not asking for a variance from the C3 zone district requirements, they're asking to amend the PUD agreement.

33:47Speaker 19

But the C3 has a 35 foot height limit, right?

33:51Speaker 22

That's correct.

33:52Speaker 19

And we're going to 46 here.

33:54Speaker 22

That's what's requested for a max roof line. The building height that's being requested is 36 feet.

34:02Speaker 19

So the variance to the tent, so to get the additional tent is not a variance?

34:07 – 34:21Speaker 22

The request is for a PUD amendment. So going through a private document instead of a request to change the zoning or variance from the underlying zoning, which is C3.

34:21 – 34:35Speaker 26

So Kyle, it is... proposed to be higher than the underlying C3 zoning through a PUD amendment. So it's not a hardship variance. It's establishing the height through a PUD.

34:37Speaker 17

Still require our approval.

34:38Speaker 26

Still requires approval. Correct.

34:39Speaker 17

And how about with the FAR? I was a little confused with how it was explained.

34:43 – 35:26Speaker 22

So the FAR request is essentially abandoning the FAR that was prescriptively established for the movie theater through the planned unit development agreement. and the annexation agreement and abandoning that and instead choosing to use the FAR as established by the underlying zoning, which is C3. And then I would just note, there was a note of it in the staff memo, the permitted FAR would be two, the proposed FAR would be 0.74. So significantly under what would be allowed by C3.

35:29Speaker 19

So going back to the height then, did you guys, what occurs if this stays at the current zoning levels?

35:40 – 37:13Speaker 25

Good question. So it's a 35 foot height limit and 33 feet to the top of floor, but three floor building, right? So I think that as we see it, The intent of a three story building is not actually really easy to capture in 35 feet. Right. And so if we go to a lower floor, we would we would lose a floor right now. We've we've done everything we can to create an economically viable hotels. We're talking. Let me actually show you this. It's an 11 foot floor to floor in the lobby, which is not extremely high. And it is an eight foot floor to floor in the guest rooms, keeping the building at a three story building. This would be the lowest that we've done in our development space. And then we've done everything we can in terms of the structure to try and compress the structure to allow for the lowest height possible. I do just want to note the 46 feet, I understand it's high. It's a very slim percentage of the building. We really, that is, if I go back to these renderings, that's the awnings, right? And we did that to create some architectural interests similar to some of the buildings downtown here. You know, we're open to thinking through other, uh, paths of, um, that architectural interest, but it's really not, um, it's not the majority of the building that's there to try and create a good looking building.

37:14Speaker 19

So the South side of this building is backed up to the neighborhood and correct.

37:18Speaker 23

That's correct.

37:20Speaker 19

Would also be 46 feet, basically about the same as the far side.

37:27 – 38:01Speaker 25

That's correct. And so, you know, if the guidance we got tonight was, we think you should just take those off the back building. We did do some shadow studies to try and make sure that we weren't impacting the neighborhood. We can go through those, but we have no objection to taking those off. We're trying to do what we think is going to be a better looking building, but the backside for us of the building, if we want to pull those down, I mean, I think that that's a a very fair comment because it is closest to the neighborhood.

38:01Speaker 19

Yeah. The shadow stories are not in our comments, I believe. Do you have those available?

38:06 – 38:32Speaker 25

Yeah, I could show you here. So here's a winter solstice, fall and spring equinox. And then this is summer solstice. The red is 7am to 9am only during the summer solstice. So the majority of these shadows are over city market.

38:32 – 38:53Speaker 17

Grant, I don't remember seeing sight lines looking back towards the buildings. Is that in the packet? We haven't done this. Could we get for the next time you're here? Sight lines? Well, so we can, what it's going to look like from the Summit Vista neighborhood and maybe what it's going to look like from Highway 82.

38:55Speaker 22

three-dimensional. Yeah.

38:58Speaker 25

I'm looking at my partner. He's more of the construction brains of the operation and I'm more of the operations brains.

39:04Speaker 10

I think it would be helpful to see the impact of the neighborhood in particular, also from the highway.

39:14 – 39:32Speaker 19

My last question is there's the commercial building across from you guys has a bunch of parking that would be theirs occurring to the survey that is actually kind of directly across from your entrance pretty much. I'm on page. Yeah.

39:33Speaker 25

I'll just leave it there.

39:34Speaker 25

This parking here.

39:35Speaker 19

Yeah. Has there been thoughts about how you would control that parking to ensure guests aren't parking there?

39:43 – 40:20Speaker 25

I think we can sign it. And that would just be signage. Signage will work. We can, I mean, we will tell people if people aren't parking in the right spot and that's just a, a guest check-in, um, process right making sure people know where they're supposed to park appropriately signing it and saying this isn't allowed to be parked in and look i we're not in the business of trying to tow our guests we certainly don't want to do that but if someone parks in a restricted parking spot i think it's sort of well within our right and it's similar to how we'll control the housing parking which we've we're going to place closest to the employee units in the building

40:21Speaker 19

Okay. That's all my questions for now. Thank you. Okay.

40:26Speaker 17

I just want to just check back with that FAR, Carlton. Is that something that we are also going to have to approve or we don't because it's going to fall back to the

40:35 – 41:02Speaker 22

request would be to remove the stipulation so it'd be part of the PUD language change so it'd be removing the FAR as PUD which is currently trumping the underlying zoning right and then that language would just be stricken from the PUD and then would default to the underlying so that's something that we would vote on and do that would be part of the proposal as seen yeah Ben

41:04Speaker 21

Couple questions. First one, are there any residential units in the existing movie land theater or spaces above?

41:12 – 41:37Speaker 22

No, and there is no mitigation for the movie land use either offsite. Are there any changes to the other side of Orchard Plaza as it relates to what we are modifying here today? Are you referring to the condo building? Correct. The commercial condos? Yes. I'll defer to the applicant. No proposals there right now.

41:39Speaker 25

To modify that building?

41:41Speaker 21

Not to modify any other changes in ECR or shared agreements.

41:47Speaker 25

Nope. We'll leave them as is. The one that, the most notable one is the parking easement that remains in place.

41:54 – 42:12Speaker 21

And then, James, as a part of the Willits PUD amendment, was the square footage calculation and the housing mitigation credit based on retail as the requirement that generated the 55 units based on square footage?

42:14 – 42:27Speaker 26

It was a mix of retail and So the hotel did a employee generation scenario as well. The element did.

42:28Speaker 21

We have copies of those applications.

42:31Speaker 26

Yeah, we can get those for you.

42:32Speaker 21

Thank you. No further questions.

42:39 – 42:59Speaker 17

First of all, I've got to say, I think probably everyone agrees with me here, that I'm really sorry to see the movie land go. It was great having a theater in town, and I understand that it didn't work, but it was a nice run while we had it. Did you guys consider, and what we expected, at least what I expected to see, would have been a mixed-use commercial condo building?

43:01Speaker 23

We did. Do you want me to step up to the microphone? Yes, please. One of them. Yeah.

43:05Speaker 20

We did talk about that.

43:07 – 44:08Speaker 23

But we looked ultimately at what is allowable in the zoning. And the practical reality of commercial space there, outside of this use, retail or other things, is that everything you could want exists next door. And so there's really no considerable demand for... For that type of thing. I can't think of what we would put there in a retail space. There's certainly not office demand. So we did consider it, but we couldn't come up with We did also engage in about a year-long effort to lease the Movie Land building to a different use. And we got zero takers. And we hired a regional broker to do that, not just somebody local. So we've scoured a significant number of uses. There was literally no interest whatsoever.

44:09 – 44:22Speaker 17

I do think the indoor shooting range would have been a really good idea, especially in this dry summer, but that's a different conversation. Bach talked about sound mitigation. Was that just windows or insulation on the

44:22 – 45:26Speaker 22

Yeah, I can respond to that and then pass it off to Grant. The conversation at Box surrounded what that livability would be like for residents in the hotel. As Grant mentioned, there was discussion surrounding livability for residents who are living in the same place that they're working. And I don't think that that should be discounted in its presentation to P&Z. One of the items that came out of that discussion was discussion regarding sound transmission, what the standards are for multifamily, and then what the standard is for the hotel. And they just asked that the town look at our standards. that we apply to multifamily construction and that the applicant come back with what their standard would be for construction the town standard is not governed by any planning documents but differs to the building regulation which for multifamily is 50 an stc score of 50.

45:27Speaker 17

So is that for the whole building or just for the affordable units?

45:30Speaker 22

That would be for multifamily residential. That's the minimum. You can obviously exceed that.

45:36 – 45:58Speaker 25

And on the hotel side, going back to Marriott and standards and making sure that we're building a higher quality product, you can't build less than 55 and be a Marriott hotel. So by default, the hotel requirements are going to make the multifamily the housing requirements higher than what is required by COVID.

46:02Speaker 17

Well, let's move on to our public comment.

46:08 – 46:21Speaker 17

Thank you to the public for all showing up tonight. It's great to see a room full of people here. We're going to ask that when you take the podium, tell us your name and your address. And we ask that you try to limit your comments to about three minutes.

46:28 – 48:15Speaker 6

Hi, my name is John Chan, and I live at 199 Arapahoe. And I guess before I even say what I wrote, it's actually expected so that's good to know but I'll still read it because I know how things go so given the multiple new demands this hotel in any form in any form and size we put on local roads and available water I want to say that at minimum that it be offered no variances in size height scale or exterior lighting this is not something the local community has been looking for and the project as has been further described today doesn't seem to offer any public amenities I don't think it should be allowed beyond any scope that the existing zoning allows. I do not believe this is our community's, I do not believe this is our community's responsibility to offer variances to a developer to simply, simply for their profit margin or even for project viability. And then the other issue, if it moves forward, and sorry it's a little hard. But that's how I felt earlier. A particular concern of mine and my neighbors in Soper's village is the exterior lighting. The applicant over the years seems to have shown no respect for his neighbors despite multiple appeals from them regarding the drastic extent to which the applicant's exterior lighting extends beyond his property line into homes, parks, and the sky. If this application moves forward, I do hope and implore that the town of Basalt holds them to the letter of the lighting code. Even better would be if the applicant would be a good neighbor and simply choose to adopt even stricter dark sky lighting than the code asks for. Thank you. Thank you, Chuck.

48:30 – 50:08Speaker 1

Hi, I'm Ann Austin Clapper. I live at 11 Walter Road, which is Hooks Lane. So I'm actually on Incorporated Eagle County, but I go to Crown Mountain Park all the time. I want to throw a monkey wrench in this and say, no hotel. We don't need it. And I have a much better suggestion. The town of Basalt has been talking about putting in a rec center facility over by Willits and Lewis Lane with employee housing, a center for kids to play basketball and other activities. And we could use the existing Movie Land Theater to do that, not have to scrape another building, create more pollution, trash, whatever. It's got the parking, it's got the bus line there, it's got the underpass at the highway. The majority of kids in the area live in El Jebel and Blue Lake, and the kids from Basalt can ride the bus. for free from Missal to El Jebel. So there would be much less impact on traffic. And I think it would be a much better community service. And maybe the town and Eagle County can get involved in doing this. Thank you. Thank you, Ann.

50:32 – 53:16Speaker 28

Hi there. My name's Greg Sugars, and I live on Aspen Junction and Hillcrest Drive. I want to echo what Ann just said and maybe expand on it a little bit. I think what we have here is we have a situation where what the developer wants and what the community needs don't match. What the developer wants is they want a hotel that will make money on that site. I get that. But the greater need is what the community has to have. And what the community is lacking is housing, and the community is lacking daycare. Sort of what she said. Currently, the town has been fussing about the property across from Tikal to try to put housing and some form of daycare recreation center in there. If this proposal were different and said, we're going to put The daycare recreation for the young kids in this particular spot. Then that spot across from to call could be totally dedicated strictly to housing, which would make more sense. She's right. This is a great spot. It's near the bus stop grocery shopping parking Crown Mountain. We also make it a great spot to have kids coming and going and so forth. because all the amenities are there. And the other thing you have to think about as well is if a hotel does really well, I think Ritz Carlton will do really well if it can get 70% occupancy during the course of the year. Housing, we're going to get 100% occupancy the course of the year. They can't match it. They can't beat it. So we have to decide, once again, what comes first here? Are we here to represent the greater interests of the community and represent the individual interests of the developer? It's nothing against the developer, but when they don't jive, we have to make a decision and take care of our community. And that's what this is all about. And lastly, you know, we have the Hoffman Hotel. We have the element. Do we really Is there anybody clamoring for a third hotel in that area? Nope. They are clamoring for daycare. And they are clamoring for employee housing. And if we can't do those two things, then we don't have a community anymore.

53:20Speaker 17

Thank you, Greg.

53:27 – 54:45Speaker 29

Hello, my name is Heather and I live in Soper's Village. And I'm concerned that it sounds like this hotel is going to go, but I want to know how is it going to impact the Soper's Village homeowners and our way of living? Sorry, I'm cold. I said the park is owned and maintained by our residents and it's intended for the exclusive use of the homeowners. And I would like to know what measures would be taken to prevent hotel guests from inadvertently using or accessing our private amenities. I'm also concerned about the increased foot traffic, parking, litter, security and liability issues that could affect homeowners. Our enjoyment of our beautiful neighborhood, like is there anything that you might do that are there gonna be any, barriers or can the developer please express how they're going to address these concerns and what commitments they're willing to make to protect the residents private space. So thank you.

54:47Speaker 17

Mr. Heather.

54:53 – 55:34Speaker 7

I'm Susan Chisholm. I live at 126 Kiowa. And I was wondering if the applicant and or the town planners could address two items for everyone in the room to understand better. Could you please explain the emergency access from the parking lot of Soper's Village Drive to everyone? And if you could please explain further that if the annexation agreement was revised, And the square footage limitation was removed that in the future a project could on this property build up to 137,000 square feet of building as opposed to what is limited now to 16,800.

55:34Speaker 22

I can address both of those after public comment.

55:47 – 57:28Speaker 3

My name is Brian Epona. I live on Cheyenne Avenue, and I oppose the proposed site plan. Working with the community, unfortunately, the hotel is going to overlook many backyards and into bedrooms. So I propose that you, if we're going to go forward, have the parking lot as a parking lot, and Orchard Plaza would be the location of the hotel. And in terms of the screening for the parking, you already have those trees lined up by City Market. We could do another line of trees, you know, to have screening or fencing for additional parking. And then in the event we go higher, like I agree with past comments about light pollution. Right now we've, I've had meetings with James Lint about The current bow tie cinema, how their lighting is just broadcast out and about, and it's into our yards and affecting everybody. Plus the noise, what we have to do to mitigate for the numerous guests staying at the hotel. And then for security and safety, always a concern as well. And if we are going to continue with the landscaping, hopefully the town of Basalt or Bowtie can improve that sidewalk that goes to the back of Sopa's Village all the way through. That has never been maintained by the town of Basalt as it was supposed to be during the city market expansion. I think that was it.

57:29Speaker 17

Thank you. Thanks, Brian.

57:42 – 59:56Speaker 11

Good afternoon, Councilman. Good evening. My name is Doug Crawford. I live at 200 Arapahoe. Very excited to join in the process. I have only a couple comments. It won't take my whole three minutes. But as Councilman, designing and putting together the future of Basalt, was this the visual entrance process? you envisioned for the strip mall of Highway 82 that is now the town of Basalt. And I only bring that up because I drove into Basalt tonight. And when you come downtown to Basalt, it's a lovely little community. But when you're traveling Highway 82 and I came cross traffic, the traffic really was backed up from the El Jebel lights all the way to the Basalt lights. It's a traffic thing for me and things. For my neighbors, it's a big thing because this is adjacent to our neighborhood, a high development property, high occupancy property next to an affordable housing community of Silvers Village. The third comment I have for you all, more work for consideration. As a ski hotel, is transportation a factor? What consideration by the town there is the town doing for regional transportation system that's already maxed out during peak hours. I like to ride the bus, it says fast, fun, and frequent on it, but I don't like getting on the bus and being jostled by people by all the ski equipment because Basalt is a ski town and we're all going skiing through the winter. And lastly, just while we're sitting here ever so calmly, a quick search on Google Hotels, without any dates in mind, shows the average rate for the two hotels in Basalt at 319 and 340 for tomorrow night. Midweek, off-season. It's a great project. It's going to be a huge moneymaker. I don't think $200 a night is going to be the ADR. You can get a lot more, and you will get a lot more. I just want everybody to be aware of what's going to take place. Thank you.

59:58Speaker 17

Thanks, Doug.

1:00:06 – 1:03:33Speaker 5

My name is Michael Miners. I live at 111 Kiowa in Sulpress Village. And I have a number of concerns about this project. First and primary is our water supply. We have a private water system. Our primary well is probably 300, 350 feet from the parking lot in 2014. when the town of Basalt and Rafta agreed to build the park and ride. We had a government agreement between the Sopas Village Homeowners Association and the town of Basalt to help pay for a monitor well and monitor our water for five years. I'd like you to consider that as a condition of approval since there's now going to be so much more parking and greater drainage off the building into an area that's close to our primary water supply. You know, I'm also very concerned about the parking as it's proposed. They're already six spaces short, but they did not make it clear if that was including the 15.2% reduction in size that they're also asking for. So if it does, then they're much more short on parking than six spaces. And the issue I have with that is that the park and ride is already overused by Crown Mountain and everybody else. So once they have limited parking there, taxpayers have paid for the park and ride and they're going to expand it. The overflow from the hotel will naturally go into the park and ride, therefore reducing that much more space already paid for by taxpayers. So I'm really concerned about that. I'd also like to be sure that there are steps taken so there's no overnight parking. Enforcement is an issue with the park and ride. There's often overnight parking there, sometimes for days. And RAFTA doesn't patrol it. They don't do anything about it. So again, you may have people that are staying at the hotel, but they may also have other vehicles that there's overnight parking. Vehicle access from the parking into Soper's Village. Movie Land used to do that to us and Eagle County wouldn't enforce it or barely enforced it. There's no parking on the roadways in Soper's Village. So I would request that as part of any approval conditions be that there is no access from the parking lot of the hotel onto Soper's Village Drive. And furthermore, that there is no parking on Sopris Village Drive. And also that there would be no construction traffic through Sopris Village to accommodate that. And as mentioned by some of the others here, our park is already overused, abused even by people from Crown Mountain Park. And I would request that the applicant look into some form of fencing around their property to not only designate their space, but to limit people from wanting to gravitate into our park. And as John mentioned, the night sky is really important to us. And between city market, movie land, park and ride, and the community center, they all have different fixtures. They all have different illumination. It's just kind of silly that, you know, hopefully there would be some type of coordination through not just the park and ride community center, but city market and this new development. Thank you. Thank you, Mark.

1:03:47 – 1:06:43Speaker 31

Hi, my name is Emily Suter and I live up in Missouri Heights. So I'm not a neighbor, but I use that intersection daily. And I really have a question about your traffic path. Doesn't make any sense to me. I don't see why you say there's only three more cars a day that are going to go to that hotel that currently go there now. For one, El Jebel movie land has not been that busy, so there's not been that many cars. If you do a 76% occupancy rate, we all know we can't do anything but drive to that hotel if you're coming from Denver or wherever you're, or an airport. That calculates to 65 cars. So at 76% rate, you've got 65 cars. At 100% rate, you've got 92 cars. That's a lot more cars, and they're coming and going, not just at night to go to a movie. So that concerns me a lot. I do request that Basalt does a more aggressive traffic analysis. I thought I read in the paper that that wasn't deemed necessary. I disagree. The other piece that I can't remember who mentioned, but the community outreach piece is a real concern for me. There is no tangible benefit to our community. If you're hiring or employing 20 people, that's not very many. Your housing, two very small units, so maybe two people or four people in that unit. That's not the kind of units that we need for affordable housing. We need family housing. We need housing that, you know, people who are growing a family and also working in the valley can use. And finally, and this is kind of touchy, But while I appreciate you saying you're family-owned and you've been in the Valley a long time and you want to stay here and own this, I hate to say it, but we've heard that song two times before and we've been bitten in the back two times with Gorsuch and H. Lane. Both of them are long-term people who we've all loved and have huge respect for. Both of them sold out before the buildings were built. And so everything changed magically. And so just know that who you're talking to and know that that's sort of maybe an unsung comment or something that people are carrying with them. But it's a very sore subject. Just gonna make that clear. So I hope that Basalt, as a town, you can find a way to mitigate that kind of backstabbing that we've felt in the past. Thank you.

1:06:44Speaker 17

Thank you, Emily.

1:06:57 – 1:08:42Speaker 14

Hi, I'm Eric. I'm a teacher at the middle school. I'm familiar with a lot of the students here. On the way here, I saw the same group of students like twice, riding bikes, some in the pool. Yesterday, I saw them at the library. Just based on my familiarity with them, there is a demand for a rec center. They're extremely active. I see them out all the time. But then I also hear them saying, we have nothing to do. They're trying to do things. They don't know where to go to do that. Yesterday, I'm at the library. They just wanted a place to talk. They got told they're being too loud for the library, which is fine. They need a place that's appropriate for what they're trying to do. And then beyond that, the school's also being used as a kind of improvised rec center a lot of the time. I'll go after school, and they're having Spanish classes there. There's other sporting events for people that aren't affiliated with the school. There's adults using it as a sporting center. I feel like the rec center would allow us to actually localize and center a lot of these events. and also provide a hub for things like the RFOV, community events, places where they're trying to figure out, where are we going to do this? We'll do it at the school, this random spot where they won't take us out. Beyond that, for the appeal to adults, there's a gym. And the gyms here aren't super competitive. They're charging $90 from Maryland. I got something like maybe three times the amount of services. It wouldn't be that hard to compete with them and like convince adults to pay $90 a month for like just basic offerings, which is what they're doing. And also like sending me passive aggressive messages for things I didn't do like other gym members. I feel like there's a pretty easy appeal for a rec center for both adults and children here. Thank you, Eric.

1:08:49 – 1:09:37Speaker 24

Hello. My name's Janine Gunning, and I'm the president of the Sopras Village homeowners. And I just wanted to point out, I would, Highly recommend Bowtie Partners. But I would point out that our water line goes through the project. So our water line is 55 inches down. They've just exposed it from the El Jebel intersection and it's super brittle. So having this go across, we've had this problem before, as Mike Myers knows, when Shutter Rock went in, I think it needs to be a consideration. and we need to be protected somehow over the water line, which is why I'm here. I also think they should abide by the parking.

1:09:39Speaker 19

Sorry, what was the last thing you said? Abide by the parking. Abide by the parking, thank you.

1:09:43 – 1:10:00Speaker 24

Only because he did say that you could put six people to a room, and if you're putting six people to a room, they're driving here. They're not flying in, so I think that that is a little bit short on the parking, but otherwise... We just want to make sure our water line is protected.

1:10:08Speaker 17

Anybody else for public comment?

1:10:16 – 1:11:41Speaker 32

My name's Ted Guy. I live here in Old Town, Swinging Bridge Lane. One thing I think that you guys need to do when you're looking at the changes, you need to treat the existing PUD as the Bible. That's what they're changing. Not going to the FAR of two. They're asking for a 20% parking reduction. You should say no. They're asking for a 33% increase in height. You should say no. That entire neighborhood is one and two stories. All the houses next door are one and two stories. This should be a two-story building. Why do we need a third hotel? To meet Aspen's need. The intersection is already at service level F morning and night. As somebody said, it's backed up from Basalt all the way to Algebel. from Catherine's door all the way to Algebra in the morning. It's broken. We don't need 94 keys to add to our traffic. And I think, too, that moving the hotel to where Movie Land is right now would be a much better view for half the rooms. Otherwise, they're looking at the roof of City Market.

1:11:42Speaker 17

Thanks. Thanks, Ted.

1:11:56 – 1:13:19Speaker 18

Ryan Bradley, 60 Arapahoe. Just looking at this, their hotel in Durango, I was looking at booking it. It's $290 a night. Basalt's a more expensive place than Durango. I think the reality is once this hotel comes in and we have the cost of labor, the cost of doing business in this town, it's quickly in the $300 range. And then it's basically the Hoffman and the Element. And I know we recorded the 74% occupancy rate, but have we looked at the occupancy rate of the Hoffman and the element and the hotels here in the salt, just the salt. Cause we're not snow mass for not Aspen. Um, and I just feel like this hotel is really redundant and I feel bad for my neighbors who live close enough to it. They're going to be out barbecuing with their families, looking up at people, looking down on them from balconies. Um, You know, it just seems like it's not in character with the development in that area. When you go over by Willits, there's a lot of high buildings and stuff. But when you come over to the city market side, things are a lot lower. And I feel like, you know, it's going to be just a big impact on our neighborhood, our traffic, our park that we're going to have to deal with. And I think that, yeah, that no variances should be given for parking or for the height of the building thank you that's right

1:13:32Speaker 26

Anybody else? Some online, Rob, if you'd like to go to the online comments.

1:13:38Speaker 17

Okay. Can you click them on? Sure.

1:13:39Speaker 26

All right. The first one we have is Casey Slossberg. Casey, if you'd like to unmute to provide comments to PNZ.

1:13:47 – 1:15:30Speaker 13

Thank you very much. My husband and I are a small business owned and we're in the Orchard Plaza. We own the UPS store. When we put up a new sign for the UPS store, we had, I would say, between 50 and 60 letters written to us from locals about the light pollution just from our little sign that says UPS store. We've since worked with Orchard Plaza to reduce light pollution in the wintertime when it gets dark earlier. But the amount of residents in the neighborhoods across 82 and Shadow Rock and on the other side from us complained tremendously. Like I said, we probably got between 50 and 60 handwritten notes from locals complaining about our sign light pollution. So I can only imagine about the amount of light pollution that's going to be emitted from a hotel of 94 doors. I also, being a local business that would be adjacent to this, would also like to ask if there's no variance in a reduction of parking. The parking situation in and out of our little store is a cluster as is. And I know that, well, I feel that the overflow from the parking situation of a busy hotel will greatly impact our small businesses that are located in Orchard Plaza.

1:15:36Speaker 26

Thanks, Casey.

1:15:41 – 1:15:54Speaker 26

If you're online and would like to speak to the P&Z, please raise your hand. Looks like nobody else is raising their hand online.

1:15:56Speaker 17

Anybody else like to speak?

1:15:57 – 1:16:35Speaker 5

I brought a copy of the agreement between the Town of Basalt, RAFTA, and Sopers Village Homeowners Association in regard to the monitor well that was installed in 2014. I'd like to give that to you so that you have reference to it. I know it's on file. James, do you have that? We do. We've got the signed one. You have this one? Yeah. Okay. All right. Thank you. Thank you. Thank you. Okay.

1:16:35Speaker 17

Excuse me. 729 will close the public comment and open to Commissioner discussions.

1:16:43Speaker 19

Okay. One more question. Staff.

1:16:47 – 1:16:58Speaker 19

The PD amendment request is to... As it sits now, the only thing that could be done to this property is to knock that down and build the same exact thing, a movie theater.

1:17:00Speaker 19

The amendment then would just put the C3 zoning on the PEP.

1:17:09 – 1:17:41Speaker 22

So currently the PUD and annexation agreements have a prescriptive use for the site. This would then open it to commercial uses as permitted in the zone district, that's correct? Lodging and hotel use are permitted by right in the C3 zone district. However, as discussed this evening, there are also dimensional requests that are addressed through a mix of underlying zoning and through the PUD amendment requests.

1:17:44 – 1:17:58Speaker 19

So by agreeing to the PUD amendment, we would then be opening up to all sorts of different uses that they could use or sell and then we could end up with a much bigger project, theoretically, because it's now just the C3 zoning.

1:17:58Speaker 22

Theoretically, yes.

1:18:03 – 1:18:23Speaker 21

And Carlton, to clarify one of the comments here and your response to that comment, should we go ahead and approve and move forward with the application as presented any future development opportunity would be able to take advantage of that full 2.0 FAR?

1:18:23Speaker 22

I'm going to let the applicant respond to that at this time. For FAR, that is currently the way the application has been presented.

1:18:34 – 1:19:13Speaker 25

That's correct in terms of the way that the application has been presented. Obviously, there's a lot of limits to the project in terms of what we would be able to do because of parking and everything else that could come with it. We're open to limiting the FAR to say half that, one, right? And making sure that you understand we're not going to be in a place where then, although it would be highly unlikely because it's expensive to build in the mountains, demolishing the hotel and then trying to rebuild another commercial facility. So that would probably be our best proposal, and that would significantly limit what ends up happening in correlation to what we're proposing for square footage too.

1:19:13 – 1:19:30Speaker 22

And I would just note that I know Rob asked earlier, but just for everybody's, so it's top of mind for everybody, as presented the current FAR in this proposal is .74, would be permitted at 2, proposal is .74.

1:19:33 – 1:19:57Speaker 21

As far as the vesting rights of this entitlement process, should the developer choose not to move forward with construction, is the property vested in these modified PUD amendments, no matter if the property moves forward with construction or not? My understanding would be.

1:19:59 – 1:20:18Speaker 26

We haven't drafted conditions yet, but kind of going back to your last couple questions, the floor area is typically limited to what the applicant is proposing in a PUD. So they wouldn't have the allowance to get two to one FAR of the underlying zoning.

1:20:18Speaker 21

But the PUD amendment is separate from any building permit application.

1:20:23 – 1:20:47Speaker 26

Yes, it is. And so in draft conditions, you would likely have the allowances that are established in the approvals specific to the dimensional requirements to be specific to a hotel on the site. I mean, that could be part of the discussion, but that's usually how a PUD is written.

1:20:47 – 1:21:02Speaker 21

But the prescriptive protections that are currently plotted on this lot would be removed should the entitlements be provided by this board and town council? Yes, correct.

1:21:03 – 1:21:14Speaker 17

And is there a way, if this ends up as a C3, to limit it to 0.76 or one going forward?

1:21:14Speaker 26

Yeah, through the PUD approvals, you could limit the floor area because the PUD is a site-specific development plan. So that would run with the land?

1:21:24Speaker 26

That's a good question.

1:21:29Speaker 17

Lots of people parking.

1:21:31 – 1:22:45Speaker 22

I would like to respond to one comment that staff can address right now. I know a lot of the comments are related to potential redesign or may need to be addressed by the applicant team. Staff can currently address what an emergency vehicle access would consist of. Emergency vehicle access would be restricted for access to emergency vehicles. Would use something like a Knox box and a gate. Bollards are also considered. The applicant has proposed a drivable or mountable curb. And then also the access would need to be clear of snow and debris in the wintertime. So RFFR has provided draft comments related to the emergency vehicle access. But traffic or standard vehicle access could not be taken onto Sopras Village Drive. It is standard to have a minimum of two vehicle accesses for development projects, whether that's multifamily or commercial redevelopment. And that would be a requirement of this development or redevelopment, whatever that may be, should this property be redeveloped.

1:22:45 – 1:22:58Speaker 21

Is that emergency access already there on Sopras Village? I don't think so. Where is the emergency access for this? I think it's just in and out the same way.

1:22:58Speaker 22

35 years ago. I've seen vehicles drive over that.

1:23:06Speaker 4

Sure. Yeah, go for it.

1:23:13 – 1:24:23Speaker 10

My name is John Walsh with Wall Street Park. We've had many meetings with the fire department. They actually wanted us to add a road that connected us to the back neighborhood, and that was something we were very against, creating additional traffic to something that you aren't experiencing now. So we went through a couple of things with the fire department to try to get them across the line. Per code, you only need one. But there is over certain square footage of building that there's the requirement by the fire department. They have the option to add a second access, which is driving the second access to the back road. They wanted a curb cut. We asked if we could do more of a greenscape and a zero line curb and try to make it so you wouldn't as a standard patron on the sidewalk know that it's like clearly a curb cut. So it looked appropriate for the neighborhood and we saw the grass growing and it seemed more fitting for the neighborhood. And then we'll have the lockable gate in the setting to restrict any vehicles from using it, only fire department. So that's where we landed. And it is at the- Just pointed out. Top left corner, that green patch, that area over there is our 24 foot second access point.

1:24:26 – 1:24:54Speaker 5

Thank you. I'd like to point out that the current intersection relocation project, Silver Spillers Drive is going to come to a four-way stop and take a right turn and go directly behind the moving land buildings as they exist now. So when you are talking about emergency access up there, you need to incorporate whatever those current plans are because it's not as shown on your dollars.

1:24:55 – 1:25:07Speaker 25

Do we want to get in? We understand, and we will make sure that's incorporated. We did provide these plans for referral to CDOT as well, and they've reviewed them to ensure that it's in compliance, and I understand.

1:25:11Speaker 17

Let's come back to Commissioner discussion.

1:25:16 – 1:25:27Speaker 19

One other question. Sorry. On the employee housing, it's like 1.3 and they're up to two, but by the way the code reads, you have to round up anyways, right? Correct. So there's not, okay, they're not giving anything additional.

1:25:28Speaker 4

Although I did think those units were really small.

1:25:30 – 1:25:42Speaker 17

I was surprised Bach was so open to them. Yeah, we've got it in our packet, thanks.

1:25:42 – 1:25:58Speaker 21

It's my understanding that Bach at one point did not have a quorum during the meeting and several members were missing. So I don't know how relevant that meeting was to the full depth of Bach.

1:25:58Speaker 22

I would say that we did have a quorum and we had a quorum through voting on this item. Okay.

1:26:05Speaker 17

I mean, if you guys feel strongly, we can probably get our comments back to them when they see it again, right?

1:26:13 – 1:26:38Speaker 26

Yeah, staff was suggesting that we treat today's meeting as kind of an introduction meeting to all the comments, all the application, the discussion items, and then ultimately you can continue at the public hearing. And if you have requests of BOC to review specific items, we could put it back to them for certain.

1:26:38Speaker 19

HOW MANY MORE TIMES DOES THIS COME BACK TO US? IF WE DO APPROVE IT TODAY?

1:26:47 – 1:27:09Speaker 26

YOU DON'T HAVE CONDITIONS THIS EVENING. IT KIND OF DEPENDS ON DIRECTION YOU PROVIDE AND HOW MANY ADJUSTMENTS NEED TO BE MADE. THERE WOULD BE CONDITIONS PROVIDED AT A FUTURE MEETING, WHETHER THAT BE THE NEXT MEETING OR A FOLLOWING MEETING. That probably depends on kind of P&Z comments.

1:27:12 – 1:28:34Speaker 8

Good. A couple comments. So first of all, where have you all been? It's great to see everybody come out tonight, but you should know that we have been asked to approve and will be asked to approve other projects that have just as big an impact as this potentially has in terms traffic in terms of what I would consider inadequate employee housing and all kinds of other infrastructure things. So I would urge you, if this project concerns you, to stay abreast and look at the agenda for our meetings and see what projects are being brought to the table because it can get lonely up here trying to advocate for more things or less things or whatever. I also appreciate when people come up with out of the box thinking and try to think of things are community needs and maybe there's another place for it. So I know several people had suggested the idea of a recreation center, and I suspect that that doesn't slot as easily into the old movie land space as we might think, but I think it's worth not to take too much time on it, but maybe we could just spend a few minutes, like is that a feasible idea, hearing from the applicants, or why not?

1:28:34 – 1:28:45Speaker 25

I can go ahead and take that. what I guess it's a hard question to answer.

1:28:45Speaker 16

Um, I should first standing if that's okay. I feel like my back is too many people.

1:28:50 – 1:30:41Speaker 25

Um, it's a hard question to answer, um, because I don't know what that would look like, but the reality is that the, the, the land's privately owned and there, there is, um, you know, barring, I assume it being just donated to the city. I'm not sure how that would really work. Um, And look, the goal has always been to make sure that this land stays in the family that's developed it for 40 years. And so I think that that would be a hard endeavor. I might take this opportunity to just show, if I could, some revenue projections for the hotel. We're expecting to generate some pretty significant taxes to the town. $600,000 to RAFTA, $200,000 to the Childhood District, millions of dollars to the school district. Hotels, you all approved a lodging tax increase recently, which was smart. I'm not here to say, we're hoteliers, right? You're asking the people who are coming here and putting a burden on your town to pay for this, right? And you all approved it, and that's exactly what they're gonna do. They're gonna help fund these things. And so, you know, I'd almost turn this to say, use these taxes and build the rec center right there's 4.3 million dollars of revenue over 10 years coming from this hotel the six percent lodging tax it's great thanks sure um i'll just go through my list at this point um i think the traffic study um

1:30:45 – 1:33:17Speaker 20

doesn't reflect reality. I think you telling us that movie lands creating 1500 average daily trips is a falsehood. Maybe it did 10 years ago. I doubt it. I wasn't here 10 years ago. I can't speak to it. But I think you representing that you are lowering the traffic to that lot isn't fair to this community and what what is going on in that reality. You're talking about people staying for longer stays, nurses, construction workers, and we need those types of people and places to house those people, I agree. But Those people are leaving at 7 a.m. Those people are coming home at 5 p.m. They're in the traffic that was described by these neighbors. And so I don't think your comparison of peak hour is really fair. I think a peak hour of a movie theater isn't during peak hours of a hotel, especially one that is gearing towards longer stay folks. So I think diving a little more and being a little more realistic with some of those traffic counts and comparisons would be helpful for us to look at. I think the level of housing is minimal and I would love to see that increased. I think the height is troublesome to me. I think, you know, yes, in Wilts there are taller buildings. It's a slow ramp up. I personally would like to see this as a two-story building. You know, I do hear the community's concerns about impacts and parking and all of those things, I think. You know impacts that private park is something that needs to be negotiating a little more information At the next presentation would be nice How are you separating this development with screening and so it's not overshadowing Sobers Village Drive You know, so it just fits into the neighborhood a little more than stout three-story building I agree the concept of a Agreement with a monitoring well and the protection of the existing utilities is obviously key. I mean, I don't think that's really negotiable. And I think limiting the FAR by removing the existing PUD is something that we should have a discussion around and figure out a number for.

1:33:19Speaker 19

That's what I wrote down.

1:33:21 – 1:33:39Speaker 17

That's great. I just had an idea while you were speaking that I used to travel with the dog. You stay in a hotel, you see a park, you take the dog to the park. It's what you do. So maybe the solution is to have you guys contribute to the maintenance of the park instead of trying to bar your patrons from going there. Just a thought.

1:33:42Speaker 8

Will it be pet friendly?

1:33:46 – 1:37:51Speaker 21

Yeah, I've got a list here as well. One of my biggest concerns, excuse me, one of my biggest concerns is the protection of that water line that runs through your property. You've got a drainage facility immediately adjacent just outside of the easement. As I look on the survey, That water line has not, is my understanding, been respected in past developments and the concern for that water line and the amount of houses it serves as a private water line, not on the municipal system. is substantial. I think this development is doing an injustice to really the poor traffic movements that are already at this lot with a movie theater that is not currently operating. I myself have a post office box at UPS. And trying to make that left right immediately in while other cars are trying to pull out is abhorrent in this current condition with no parking vehicles in the lot. this site plan does not change that traffic movement at all and continues to make it worse because we are going to have more vehicles within the lot as it is. I think there's a lot of trying to depress the bad in this application and prop up the good. To take your own words at face value, you said you're not taking homes out of our inventory, but you're intentionally saying that you can't financially support an additional unit to help support inventory within our community. THE LACK OF COMMUNITY ROOM SPACE, THOSE ITEMS ARE ALL BEING BROUGHT IN HERE TO INTENTIONALLY REDUCE THE TRAFFIC COUNTS AND PARKING. I UNDERSTAND THAT, BUT IT ALSO PROVIDES NO BENEFIT TO AN AREA THAT HAS A TREMENDOUS AMOUNT OF TOD OPPORTUNITY HERE THAT DOES SUPPORT ALL OF THE ADJACENCY AND ABILITY FOR US PEDESTRIANS TO TRAVEL INTO AND THROUGH. More so, you know, as we look at the... Excuse me here. As we look at traffic, I think that's another great example. We're using an 11th edition ITE manual, not the 12th from 2025, because it doesn't account for the limitations of traffic generated by a post-COVID movie theater world. And you're using that propped up traffic number against the hotel system that is naturally lower. I would agree that a movie theater in its heyday generated more traffic than a hotel, but it's not the movie theater industry that we have today. Checking in with the Hoffman, they have 113 beds and 82 units, excuse me, they have 122 beds and 82 employees, and the Element has 113 beds and 30 employees. So I also think that the numbers that we're showing here from a employee count are also not relevant to the actuals that are surrounding, just right here in Basalt. um those are the items that i wanted to bring up certainly hoffman has food and wine hoffman absolutely has food and wine i'm not saying they've got event center you know they have some community benefit that that is above and beyond this but you know just as a as an anecdote to i think the element is a perfect comp 113 beds 113 units and 30 employees that would make their 94 right around 25 employees

1:37:57 – 1:38:19Speaker 17

When we see you guys again, which I assume that we will, I think that some of the pertinent points that we need to address is the parking is going to be an issue. I don't know if this is going to get approved or not, but I know that that's going to be a sticking point. So you guys are going to want to address that. And I think the lighting is a pretty easy one to address, but we want to make the people comfortable with what's going to happen if it happens.

1:38:21Speaker 16

Kyle, you want to take us home?

1:38:22 – 1:39:38Speaker 19

Yeah, yes. Right now there's a lot of asks With nothing giving back. I think I don't think I've seen many applications Personally work for a developer I don't think I've ever submitted one without a bunch of variance requests with nothing that the town benefit Housing being told you can't afford to put more housing in so I think overall that's gonna be very hard to accept. I would say that As a community, we should be a bit careful if we approve a C3 zoning that does open up a lot of different uses. We could get something way different that people may like even less. And so overall, A hotel may not be what everyone wants, but private land, you guys can do what you want with it. But I think you've got a lot to overcome here. Really the height, I think you need to look at, understand getting a three-story flat building isn't pretty either. And I'm not saying it's what you need to do, but thinking about how we're affecting the neighbors, the houses, kind of all that. So I know you've got some work to do, but I think we've got a lot to think about too. So thank you.

1:39:39 – 1:39:56Speaker 17

Yeah. York, if it were a two story building, it would probably get a lot of thumbs up. And kind of balancing that architectural interest, which is nice, but with also scale and scope of the surroundings. So it's a tough one. With that, do I need a motion to continue?

1:39:57Speaker 17

Unless anybody has any more comments, but otherwise, let's, I would entertain that.

1:40:02Speaker 8

I do a motion to continue to July 6. Is that right? July 7. July 7. Yes.

1:40:10 – 1:40:22Speaker 17

Second. All in favor? And see you guys on July 7th. Thank you very much. Thank you. Does anybody need a break, or can we keep going?

1:40:22 – 1:40:34Speaker 4

We're supposed to nominate? We've got Jack left. All right. I'm just going to throw away my stuff now. Good to see you. Hi, Jim. How are you doing?

1:40:43Speaker 27

You please stop sharing the agenda.

1:41:13 – 1:41:40Speaker 17

Great, public hearing for 739 Hillcrest Drive PUD amendment for the purpose of considering an application submitted by Glennon Laura Yeager for PUD amendment to establish the allowable total floor area for the property at 739 Hillcrest Drive at 5,474 square feet to accommodate upgraded first floor living facilities to accommodate individuals living with a disability under the Fair Housing Act accommodations.

1:41:41 – 1:45:30Speaker 26

Yeah, thank you. This is a public hearing to consider a PUD amendment. We have the applicant here this evening. We've got Glenn Yeager. It's a request for a PUD amendment submitted by Glenn and Laura Yeager to increase the allowable total floor area on the property at 739 Hillcrest above the town-wide maximum of 5,000 total square feet. to a proposed 5,474 total square feet. And it's in order to accommodate an expansion to the first floor of the residence by 605 square feet. And you've got the plans in your packet. And let me... There you go. So it's an expansion to add a first floor bedroom and bathroom that would be accessible for the applicant's mother that has recently become wheelchair bound. The application discusses that the applicant believes that the additional square footage is a reasonable accommodation under the Fair Housing Act. In reviewing the request, staff consulted with the town attorney, and the town attorney provided a memo that's attached as Exhibit B in your packet materials. It outlines reasonable accommodations to be qualified by three factors. whether the factors are whether the accommodation would undermine the legitimate purpose of the zoning regulations. The second one is whether consideration of the benefits that the accommodation would provide the handicapped individual. And the third would be whether alternatives exist to accomplish the benefits of the accommodation more efficiently. And so as some additional background, staff offered the applicant the potential to decommission some of the upstairs space so as not to exceed the 5,000 square foot limit. And that would be by removing some ducting to existing space and then filling existing space to be decommissioned with blown insulation so it couldn't be used in the future. so that it would stay under the 5,000 square foot. And that's how staff has worked with prior floor area issues at building permit with applicants. Staff doesn't question the benefits of allowing the first floor to become accessible living space for the applicant's mother, but staff notes that if it were not a Fair Housing Act scenario, that staff would not support such an amendment to add additional square footage beyond what's allowed. In this case, staff feels that decommissioning approximately 470 square foot is a potentially reasonable alternative to granting the 500 square foot over the townwide maximum. However, staff recognizes that this is a difficult application to navigate because of the Fair Housing Act considerations. So this evening, staff would suggest taking applicant comments, taking public comments and having P&Z discussion and making a recommendation to council on the request. If P&Z is inclined to support the amendment, Staff has included some draft conditions that PNZ could recommend.

1:45:30Speaker 17

James, is this just the first reading for us or the only reading for us?

1:45:33 – 1:45:51Speaker 26

No, this is probably the only reading. You know, if you're comfortable making a recommendation, if you have questions or need additional information, you could continue it to a future date. But staff thinks this is one we should be able to handle in one meeting.

1:45:52Speaker 21

Does this go to council for approval? It does. Okay.

1:45:55Speaker 17

Glen, do you have any comments?

1:45:56Speaker 12

I do. Is this the time, James?

1:45:59Speaker 17

Yeah, let me share your slide here. Just please speak into the mic.

1:46:09Speaker 26

Is this the slide you would like?

1:46:11 – 1:51:10Speaker 12

One more. One more slide. This is good. The Eagle County Roadmap. to aging well was presented to council last month. I don't know if you had an opportunity to see any of that. But one of the takeaways from that study was the ability to age well in place. And their comment was that this is one of the most talked about and important issues facing our aging demographics in this community. And they've come up with some solutions in the near term, in the midterm, and in the long term. But one of them is to have a more expedited process to request variances, look at existing homes. Maybe some of the zoning that was passed in the past didn't consider the needs of these aging people. And we're running into that in my home right now. We are requesting a minor putt amendment to allow first floor accessible bedroom and bathroom additions so that my mother can safely age with our family. My mother's wheelchair bound after a serious stroke and has no ability to navigate stairs, bathroom or bedrooms. She requires a ground floor bedroom and bathroom specifically configured for safe transfers using an R Joe Sarah plus sit to stand lift. Staff position is they believe decommissioning upstairs bedroom space to stay under the 5,000 square foot limit combined with building the first floor addition is preferable. I respectfully disagree that this is the best and most reasonable solution. Decommissioning current space at significant cost, complexity, disruption to the existing home, limits accommodations for caregivers, and places a higher emphasis on total square footage than creating a cost-effective efficient process to accommodate my mother's medical necessity. The modest 475 square foot variance is the most efficient and medically appropriate approach. The town attorney noted three things that need to be considered. as James pointed out. Number one, whether the accommodation would undermine the legitimate purposes and effects of the existing zoning regulations. Per HUD-DOJ joint statements on reasonable accommodations in 2004, a requested change constitutes a fundamental alteration only when it alters the essential nature of the zoning program. This site-specific, disability-driven adjustment does not change the single-family residential character, impose an undue burden on the town, or undermine the purpose of the first floor area limit. The second consideration. The benefits of the accommodation would provide the handicapped individual. It's clear, and staff has even acknowledged that. And number three. whether alternatives exist to accomplish the benefits more efficiently. And this is where James and I disagree. In examining the factors outlined by the town attorney, staff believes that the benefits to the handicapped individual of the additional square footage requested in the order to make the first floor livable to the individual in the wheelchair are positive. That said, staff believes that the alternatives exist to increase the allowable square footage by decommissioning space on the upper floor. This cannot be considered more efficient or cost effective than what we're proposing. James also brought up the fact of an unwanted precedent being set. Approving this request would not set a precedent for other homeowners to exceed the 5,000 square feet. This is a site-specific, reasonable accommodation under the Fair Housing Act for a documented disability. Each FHA request must be evaluated individually based on medical need. This is not a general zoning change. It is a narrow exception required by federal law. We are willing to consider minor adjustments to the toilet area if the commission feels they are necessary, provided they do not compromise the safety and functionality of the lift-assisted design. This modest increase has minimal neighbor impact, keeps lot coverage very low, 11%. We have 0.88 acres on our site. So the allowable far is 30%. We're only at 11%. It allows my mother to safely age in place with her family rather than face institutional care. We respectfully ask for your support. Thank you.

1:51:17Speaker 8

How does your mom get around the house now?

1:51:20Speaker 12

Wheelchair and the lift. She's in Chicago.

1:51:26Speaker 8

Oh, so she doesn't live here now. OK, when you said the aging in place, it confused me.

1:51:31 – 1:51:44Speaker 12

She is in Chicago. My dad is the primary caregiver, but he's just been diagnosed with kidney cancer. So his ability to care for her long term is in question.

1:51:46Speaker 8

Yeah, I'm sorry for your parents' health challenges. I think it's something we all, many people I know now are going through at this age.

1:51:55Speaker 17

James, there was a letter in the packet from CARP attorney? Yeah. Is that our attorney or is that the applicant's?

1:52:03Speaker 26

That's our attorney, CARP New Hanlon is Jeff Conklin.

1:52:06Speaker 17

So they addressed it not being a precedent-setting event, right? Yes. Okay.

1:52:13Speaker 17

That was a high consideration of mine.

1:52:18Speaker 19

Can I put a motion out to approve?

1:52:21Speaker 17

I have a question, then we have to do some public comment. Do you have HOA approval?

1:52:27Speaker 12

We do not have an active HOA.

1:52:30Speaker 26

They're in Pinion Pines, so not the Aspen Junction HOA Pinion Pines. So there's no HOA, so there's no HOA approval required? Yeah.

1:52:38Speaker 17

Interesting. So we are going to ask questions, then take public comment, and then we can entertain a motion.

1:52:46 – 1:53:06Speaker 21

How long have you owned the property? Six years. And looking at the plan provided, we are projecting the addition outside of the current footprint of the home? Correct. And what will the setback be to that side yard?

1:53:10 – 1:53:22Speaker 26

But it's it's shifting South East it's greater than the 10 foot that's required greater than 10 minutes required or we should is that is the is the addition going to this to the.

1:53:23Speaker 21

West or the South.

1:53:26Speaker 26

A little bit to the West and a little bit to look at the West a little bit to the South. Like an angle.

1:53:33 – 1:53:48Speaker 21

I can go back to the plane taking up sort of the The flagstone patio. Correct. That you have down there. So I'm looking at your home on aerial on. Yeah. Are you are you demoing wouldn't the decks, the exterior decks as a part of this?

1:53:51Speaker 21

So there is a deck area reduction or are you maintaining the same deck area?

1:53:56Speaker 12

We will be removing the kind of the interior deck that is right off the back of the kitchen right now.

1:54:02Speaker 12

But we will be expanding the deck to more aligned with the back of the home then. OK. Taking into consideration the slope.

1:54:16Speaker 21

No further questions.

1:54:18 – 1:54:31Speaker 17

Mike, Cindy? Questions of staff or applicant? We'll do that after. I know we had one gentleman here that also wanted to make comments. Well, Greg, as well.

1:54:32Speaker 4

Yeah, the other gentleman was there, and I don't know where he went.

1:54:38Speaker 17

Yeah, and Greg, you have comments?

1:54:41Speaker 4

Please step up to the mic.

1:54:47Speaker 26

Here, Greg, you just want the, okay.

1:55:00 – 1:55:39Speaker 28

My comments are more questions Would you are just for the record name and address sure Greg sugars? 640 Hillcrest Drive Aspen Junction Where Glenn and Laura live is what in pinyon pies is like a doughnut hole that's in the middle of Aspen Junction So they're surrounded by Aspen Junction, but they're not part of it So he doesn't have any HOA. Oh, interesting. I did not know that. Okay. Yeah. So the questions I have is that initially it was said that the home is 4,400 square feet. It's bigger. The square footage. 4870.

1:55:39Speaker 4

Oh, 4870. It's 4870.

1:55:42 – 1:57:15Speaker 28

Okay. Yeah. Okay, that makes sense. So that's why I need the variance, because if it was 4,400 square feet, you were getting 600, and you don't need it. Right. The only, it's not my decision, but my only question is that there are five bedrooms on the second floor. I'm familiar with the house. I know the people used to live there before. Five bedrooms on the second floor, none on the first floor. And I guess you did the math, but it would seem like there's plenty of space to convert bedroom in the existing downstairs and not have to decommission anything upstairs and wouldn't that be more cost effective and just as efficient i'm not doing the math but i'm just it just seems like this is you're going through a big process and this concept of decommissioning part of the upstairs seems pretty abhorrent to me and i wouldn't do that unless i had to but i don't think that you even have to go anywhere near there if there's you can go online there's plenty of pictures of the house downstairs there's It's a very open downstairs area that wouldn't be – we did some work on my house with my leg. It would not be that difficult to create a bedroom situation downstairs. But if this is what you want to do and it's okay, fine. But I hate the thought of taking a portion of the upstairs and saying, well, we have to get rid of that in order to make this work downstairs. It doesn't seem to – I don't know, jive very well. Anyway.

1:57:15Speaker 17

So you're okay with the addition and the extra FAR, but you don't agree with decommissioning the space?

1:57:21Speaker 28

It's not my position.

1:57:22Speaker 17

But you have an opinion. You can tell us what you think.

1:57:24 – 1:59:30Speaker 28

My opinion is that I have a I've had disability in my family, not just myself. I have a tremendous amount of empathy for this. If you don't live it, you can't imagine what it's like. It's a totally different world all the time. And so you have to make adjustments. I was just thinking that I'm wondering if there weren't even better options associated with this. And if the only other concern I would have is if they were violating some kind of town setback rules. Because in our neighborhood, I know of three homes that have violated the setbacks. And once one person did, it was like open season. i just want to make sure that whatever they do here they they don't violate whatever that setback is our setbacks might be more strict than what they are in this little the subdivision he's in is called pinion pines i don't know the answer sounds like it's not an issue it doesn't sound like it's an issue not an issue and i will also say where he's doing it um would have like no impact on any of the neighbors that's off the back of his house uh i'm not i'm not talking like you're not here It's Glenn, right? Yes, sir. It's off the back of Glenn's house. It's not going to impact anybody in that regard. The only thing I would think is that you're going to need a ramp. You need to have some place to have a ramp because you don't have one right now, unless you think you can get through the garage and not need one, but I'd keep that in mind. But it's fine, and I don't think it could possibly – long as everybody dots the i's and crosses the t's it cannot possibly set a precedent for somebody else because this is a very legitimate situation that is happening more frequently as people you know are aging and living a lot longer so there you have it and i'm so sorry for what happened to your mom thank you greg yeah i really am any other public comment uh if you're online and would like to make public comment on this item please raise your hand

1:59:35Speaker 26

It's like we don't have any.

1:59:36Speaker 17

Okay, let's close public comment at 8.15.

1:59:39Speaker 4

Commissioner, discussion, anything to talk about?

1:59:42 – 2:00:14Speaker 8

I'll just say quickly, I do have a little concern about the precedent setting. I mean, not that it's going to make me vote against it, but just the fact that one of your rationales for it is that several homes in Pinion Pines already exceed 5,000 square feet. That's trying to use the precedent of those other homes to justify yours. Yeah, I guess I don't buy the not precedent setting, but I don't think that's enough to turn it down in this case.

2:00:17Speaker 17

We also have the comments from our attorney in the packet that said it was not precedent setting. Yeah, I know. I saw that too.

2:00:24Speaker 8

But I just think, yeah, I think maybe that line should just be struck if you're trying to run that by other people.

2:00:30Speaker 17

You're calling me out. Gentlemen.

2:00:35Speaker 21

I think the fire department clarified the variance request that they were willing to give as far as the fire suppression system.

2:00:43Speaker 17

I thought that if anybody needed a fire suppression system, it's somebody that's mobility challenged. So I thought maybe just in the new area, but I know it's a huge cost and we listened to the fire department.

2:00:54 – 2:01:06Speaker 21

I wouldn't disagree. I also think increasing the footprint of the home is a little iffy, but I think decommissioning interior spaces is not something that we should do.

2:01:07Speaker 8

Yeah. And how would you enforce that? I mean, it's realistic.

2:01:12Speaker 21

I've had to do it on a project and it feels really bad.

2:01:20Speaker 17

Kyle, do you have a motion earlier in mind?

2:01:23Speaker 19

Yeah, motion to approve.

2:01:25Speaker 17

Any conditions? No conditions.

2:01:31Speaker 17

All in favor? Aye. There you go, Glenn. Thank you. Unanimous approval. Thank you.

2:01:38Speaker 26

Kyle, can I please clarify something? Are you recommending it with the conditions that we had in the staff memo?

2:01:46Speaker 19

Didn't he submit just, though, for the full square footage?

2:01:51 – 2:02:07Speaker 26

Yeah, and the conditions allow for the full square footage, but there's some certain administrative items that you have to do, like record an amendment to the PUD control document. So that's kind of the crux of the conditions.

2:02:09Speaker 17

James I could barely hear that so I didn't quite follow.

2:02:12 – 2:02:35Speaker 26

So I was asking Kyle whether he accepts the conditions that are in the staff memo that that go along with approving the variance and you know the most specific one is administratively you have to do an amendment to the PUD control document to reflect that in the legal recorded documents.

2:02:35Speaker 17

And so you know, that's one of the provisions, but it's just that one that individual lot, not for the subdivision.

2:02:43Speaker 21

Is that an administrative approval? Does that mean he has to come back?

2:02:45 – 2:03:00Speaker 26

No, that's administrative. It's administrative. But it's something that has to be done, you know, to record it in the public record for future knowledge of owners that it was specifically approved.

2:03:01Speaker 12

Glenn, do you have an issue with that? It sounds like something I would be doing with my attorney to move the process along, right?

2:03:08Speaker 17

So Kyle, will you bend your...

2:03:10 – 2:03:27Speaker 12

I think what James had outlined in his presentation was if there were two options, the decommissioning or approving, which you just did. And then he laid out like, okay, there's four things that need to happen after approval, which seemed to me to be all administrative.

2:03:27Speaker 26

Yeah, they're all administrative items, but they're important administrative items. So staff would just like to clarify that that's part of your motion.

2:03:36Speaker 21

I take no issue with the administrative.

2:03:39Speaker 19

So yeah, then your question, my answer then is yes to your question of that.

2:03:46Speaker 26

That's all I needed. We'll include those in our motion. Yeah. OK. Just needed that clarity. Thank you.

2:03:50 – 2:04:01Speaker 21

The applicant still has to apply with all the tree removal permits, all the fire hardening, all of the building permit requirements for good quality construction. Yes. Correct. Yeah.

2:04:02Speaker 4

All right. You've been approved.

2:04:08Speaker 26

And I think our next applicants are out in the hallway.

2:04:12Speaker 17

Should I get started or wait for them to join us?

2:04:14Speaker 21

We are getting going, Eric.

2:04:16Speaker 4

Nice to see you, Greg.

2:04:25Speaker 17

Take care. It's been a while.

2:04:33Speaker 28

Thanks, Grace.

2:04:40Speaker 17

James, they're coming? What'd you say? They're coming? Yeah. Should I wait or can I get started?

2:04:44Speaker 26

We can get going. Okay.

2:04:47 – 2:05:17Speaker 17

For a public hearing and introduction to Jadwin Black Mountain final plan application. For the purpose of considering an application submitted by Jadwin Park LLC for PUD final plat environmentally sensitive area reach to floodplain review. Annexation and associated development review actions necessary to develop 64 residential dwelling units, 12 commercial lodging cabins, and associated infrastructure on the property located at 431 Emma Road.

2:05:21 – 2:14:38Speaker 26

Thank you. We have the applicants here this evening. We've got Bridger Smith and Michael Forrest and additional team members that they can introduce. As Rob indicated, this is a public hearing on the Jadwin final plan application to construct 64 dwelling units and 12 short-term rental cabins at 431 Emmer Road. And the property is just down valley of the post office. The PNZ saw the application at both the sketch and the preliminary plan levels. And the property subject of the application is nine acres. It currently contains a single family house as well as a mobile home. And as noted, the applicant received sketch and preliminary plan approvals. PNZ, as I noted, recommended approval at both the sketch and the preliminary plan levels. The final plan review is primarily to ensure compliance and consistency with the preliminary plan approvals, as well as to work on any kind of hanging details. As I noted, the proposal is for 64 residential units in the area that's shown in yellow. They're proposed to be a mix of multifamily and townhome units. And then 12 short-term rental cabins that are in the area shown in purple on the map here. The glamping that was in the sketch plan application was removed at the sketch plan application level by the council. So that's no longer under consideration. And so the applicant has proposed a total of 32 deed restricted units in the project so that 50% of the total units would be deed restricted. 24 of those are proposed as category units and 8 RRO units. In addition, at the sketch plan level, The applicant had proposed a daycare corn shell on what is called the dog leg, which is this area that runs off down valley. And the council did not want to have the daycare be outside the urban growth boundary. So in lieu of that, the applicant provided a contribution of $700,000. towards community benefits in lieu of having the daycare. And so also as part of the sketch plan review, The council was looking for additional community benefit so the applicant created what's called the first tracks units where they've proposed that 20 of the free market units in the project would essentially be advertised for locals for the first 90 days of advertisement when a unit comes available. And so that was seen as additional community benefit. I won't go through all the project aspects since we're running late and we'll let the applicant go into that as part of their application review. Staff did identify a series of discussion items. They're similar to the discussion items that you had at the sketch and the preliminary plan levels. They included master plan compliance, the unit mix and unit size. the affordable housing livability requirements as well as the occupancy priorities. On the affordable housing aspects, the BOC committee commission reviewed the elements and supported the proposed housing mix as well as the size of the units and the livability aspects of the units. On the transportation improvement side of things, the applicant is required to provide a dedicated right turn lane at the intersection of Midland Avenue and Emmer Road by the post office for down valley traffic. And then also as part of the sketch and preliminary plan approvals, The applicant is required to make improvements to the slip lane intersection with Emma Road to provide better turning radius by the post office area as well. From a parks and open space and trails scenario, The applicant is proposing to dedicate open space on the north edge of the property, about four acres of it. The applicant is proposing consistent with the preliminary plan to have a public trail to the river. And as part of that public trail, It would be field fit so that it wouldn't impact the native flowers that are on the property in the wetland area. In addition, other discussion items included the water rights at the preliminary plan phase. The applicants requested a reduction or a waiver of water tap fees. The council was not supportive of that at the preliminary plan. And the applicants are doing some more work on that as they're going through the process But ultimately the water tap fee waiver is a council discussion item in terms of wildfire mitigation The town just adopted the new state wildfire code, and so the applicants have a couple of adjustments to make to their landscaping plan to comply with those new code requirements, and the applicants are working on that. And then in terms of the sustainable building regulations, staff anticipates conditions that they meet the SBR requirements that are in place at the time of permit, which is a typical requirement of the town. With the dogleg parcel, this is really the main adjustment from the preliminary plan. This is the dogleg parcel right here that's also under the same ownership. The applicant is now proposing to annex this piece for the construction of a single-family house to replace the existing residence on the site. This is primarily a function of the fact that In Picking County, if they were to annex the rest of this property, this would create a non-conforming lot. And so Picking County has supported annexing this property for a single family purpose into the town, even though it's outside the town's urban growth boundary. In the master plan, the urban growth boundary is identified as a strict urban growth boundary where urban level development is not encouraged outside the urban growth boundary. And so, you know, it's a discussion of whether this is urban level development to allow for a single family house. But that's a discussion item for consideration. Other topics for discussion include the phasing invested rights. The applicant has proposed to require that the plats all be recorded for the individual buildings within seven years of the approvals. And that would give them three years once the plat is recorded in order to build and start construction on the units. So that is generally consistent with the park modern and lake modern projects that you've seen in terms of vested rights. But it's a greater period than is required by the code. The code has a standard three years of vested rights. So that's that's for consideration, but this is consistent with what was approved at the preliminary plan phase. So this evening, given that we're behind, staff has identified this meeting as an introduction meeting to the final plan application, an introduction meeting to discussion items, and then ultimately, after you take public comments and applicant comments, Staff would suggest providing some initial P&Z comments and then continuing the public hearing to July 7th and identifying if you need additional information at a future meeting to make a recommendation. So with that, I'll stop sharing my screen and turn it over to the applicants to go into more detail on the application.

2:14:40 – 2:14:52Speaker 15

Okay, thank you. Hi, everybody. We have Ramsey Fulton on family vacation, but available via Zoom. He's our architect. And Ramsey, you want to kick it off here if you could?

2:14:54 – 2:15:14Speaker 9

Yeah, sure. I'll just jump right in. Thanks, guys. Sorry, not there in person. Obviously, with how long this project's been going on, we're eager to kind of keep the ball rolling and not push it off because of personal obligations. So let me start this slideshow here. Can everyone see my screen?

2:15:17 – 2:22:40Speaker 9

Okay, great. Well, thanks, James. And so to start off, just for the benefit of PNZ members who might not have been following this project through the years, I want to briefly run you through the intentional process that has landed us here today, starting with an idea that came about during the 2020 visioning of the, or sorry, during the community visioning of the 2019, that took place in 2019 and 2020 for the master plan. In mid 2020, the new owners of this project started master planning and development with our team after seeing the roadmap of community interest taking shape with the feedback and work sessions behind the 2020 master plan. The then draft master plan showed this property in conjunction with the neighboring Stotts parcel and how it could be incorporated into the town. as a key parcel to support the community's growth, vitality, and need for housing that stabilize community members at risk of displacement, including density recommendations, open space allocations, and appropriate land use designations within the property. Initial analysis proved that the largest challenge to realizing these goals was the limitations of the site constraints, including wetlands, floodplains, and utility easements. In December of that year, we prepared our first master planning package for staff to review and consider. This spawned into two more years of analysis, design studies, staff feedback, neighbor communications, utility, county, CDOT, fire department, and engineering feedback ahead of preparing for an annexation application. Jumping forward to the culmination of planning and outreach to neighbors and referral agencies, we arrived at our first formal planning application. Shown here for engagement in public hearings and public committee feedback, this opening opportunity included 68 residential units, 35% as affordable housing above the code required 20%, as well as 12 fishing cabins as hospitality offerings, and seven glamping sites, plus amenities and recreational elements provided in the extensive open space north of the housing. plus land dedication of the dog leg for childcare and community benefit. During sketch plan approvals, many topics of consideration were weighed and accommodations made from improvements to fire access, police management concerns, traffic issues, architectural response, project density, and of course the amount of affordable housing. Some of the most noteworthy accommodations at the request of the public P&Z and council include the following. A move to 64 residential units and 50% as affordable housing. Above the code required 20% and the initial offering of 35, including the introduction of the first tracks housing priority for locals program. At this time, we also removed all seven glamping sites as well as mostly all improvements other than trail access to the open space. We further agreed to a $700,000 gift to the town where the community benefit as a better contribution to benefit the community than the land donation previously proposed. These items along with the plan improvements to Emma and Midland Avenue resulted in sketch plan approval in February of 2024. Last summer, we once again engaged with BOC, ENZ, and Council for further discussion, consideration, and feedback. After illustrating refinements related to our traffic intersection design improvements on Emma Road, additional composting and trash area refinements, as well as a clarity on ADA compliant units and accessible design, just to mention a few, resulted in approval to continue our work in refining the design proposal and annexation of the Jadwin parcel into the town of Basalt. Bring us to today's final application. Current updates to the application reflect technical refinements and resolutions to previously open topics as requested by staff, as well as further vetting and development of the civil, landscape, and architectural designs with an intention to not make material changes to the prior approvals. Our proposal summary once again illustrates the development of four multifamily residential buildings with two two-story structures and two three-story structures. with one two-story and one three-story building designed as a deed restricted community housing building shown in orange here, as well as 12 single standing and duplex town homes, 12 short-term rental cabin structures operating as a single hotel with onsite management, as well as an extensive dedication area of open space, lightly touched river access and per the direction of post wildlife and ecological consultants and river hydrologists. Our final approval design includes a consistent land use, zoning, and density model as previously proposed, and a consistency in our response to the Black Mountain, or the Basalt Master Plan and subsequent feedback. It also includes a consistency in our approach to the neighboring parcels, open space, public frontage, and Emma Road. architectural designs and character remain the same and consistent with prior approvals, which are a result of sketch and preliminary review feedback with consideration to the importance of a parent scale and materiality reflective of the sites context and Community interests. A further detailed and refined and defined community housing offering and clearly defined public benefits include 81% deed restricted housing, which includes the 50% category units and the 31% fast first tracks units. four acres of open space and trail a seven hundred thousand dollar gift to the town for community benefit emma road and midland avenue improvements betterment of public access to the river provided vitality as a vision of the master plan through the river cabin hospitality but extra and as well as pedestrian connection to the old town As a final note, before we turn this over back to staff, we are excited to announce that with the remapping of the floodplains that was officially adopted on June 5th, we are now clear to proceed with our final approvals and prepare for construction again. Last week, we met with Bach and after great discussion on affordable products, units and categories, we received unanimous approval. We also met with the Talent Technical Review Committee in discussion of final approval comments and are preparing a letter in response to that after discussion. Now we would like to turn it back over to you for questions and discussion. And thank you for listening to the presentation.

2:22:45Speaker 26

Yeah, and staff would suggest we're open to questions from P&Z at this point. Questions?

2:22:54Speaker 20

Are there any pedestrian improvements? Can you just describe them briefly?

2:23:02 – 2:23:25Speaker 30

We have an eight foot wide pedestrian trail that connects from the existing trail by the post office. We are proposing an eight foot wide pedestrian trail from the existing trail by the post office south along our property line to the end of our property that can They'll get back on the road and go to the existing trail.

2:23:27 – 2:23:38Speaker 20

I'm more referring to the actual intersection. You're proposing a larger slip lane, right turn lane through there. Is there any additional pedestrian safety that you're implementing at that intersection?

2:23:38 – 2:23:55Speaker 30

The right turn lane at the slip lane, there's no pedestrian access across that intersection. But at the right turn lane at Midland Avenue, we'll have a pedestrian connection from the east side of Emma Road across to the library with two different handicap ramps.

2:23:56Speaker 20

Okay. So basically from the post office to that other corner. Yes. There will be connection.

2:24:03Speaker 30

Yes. Which there is not right now that I believe.

2:24:06Speaker 20

I think there's maybe one ramp. There's a ramp on the post office side and not on the other side. So as part of this realignment of that sidewalk, there would be an ADA ramp on that corner.

2:24:17Speaker 30

There would be a ramp. We'll have one at that point.

2:24:21Speaker 20

No further questions.

2:24:23 – 2:24:42Speaker 8

I had a couple of follow ups because I was not here for the second appearance of this. I remember we had some discussion about whether 90 days was long enough for somebody to bid on and get a loan approval and all that. Was that ever?

2:24:43Speaker 15

For the first tracks? Yeah, for the first tracks. Yeah, sorry. From 30 to 90 days.

2:24:48Speaker 8

It was 30 originally?

2:24:50Speaker 15

I think so. It was.

2:24:51Speaker 8

Oh, wow. OK. OK. So 90 days seems like. And is that program something that you are going to administer yourselves?

2:25:00Speaker 15

The town of Assault will administer it.

2:25:02 – 2:25:32Speaker 8

OK. OK. Good. I was going to, yeah, just for transparency. And then with the deed restricted units, I saw that the waiver from the traditional categories in the town is still the case. But I remember there were already 12 units that were spoken for supposedly by these other groups. Has that gone away? Is it just now going to go on order of priority or are we still looking at 12 or so units that are pretty much out of the pool for the rest of us?

2:25:33 – 2:25:48Speaker 15

Yeah, the letters of intent that we had, you know, originally at Sketch Plan with the fire department, the school district, and Aspen Valley Ski Club are still intact right now.

2:25:49Speaker 8

How many units is that? Isn't it like 12? That's a total of 10. 10? Okay. All right.

2:25:54 – 2:26:13Speaker 15

And then the other thing we did was we... we added the fire, you know, the forest service to the preferential, um, James, the first occupancy priority in the town code, um, which is basically essential employees in assault.

2:26:13Speaker 8

Okay. Yeah. All right. That's it.

2:26:18 – 2:26:41Speaker 9

and that was that was reviewed with with bach in great detail uh last week um and we kind of batted back and forth and they kind of felt that for this one project um that it was acceptable to have a couple of editions of tier one um because of the letters of interest and how they expressed interest in this project early on understood

2:26:44 – 2:28:07Speaker 15

just a question about the dog leg there's one existing single family home there so if if you look at the our lot includes the dog leg right but when the urban when the you know urban growth line was drawn it didn't take into account our lot it just kind of drew a straight line so the dog like right now there is a family living there in a home, and part of our conditions to approval at Sketch Plan was that they would get priority for one of the deed-restricted units if something went on on the dog leg, which originally, as you know, was potentially a daycare center, and then it didn't. What basically happened here you know, as we've progressed this and in discussions with, you know, James and staff and the county after the annexation, the dog like parcel would kind of just be like, you know, this like left kind of nonconforming and there really be nothing you could do essentially ever on that parcel with a non-conforming kind of very old you know single family home right now that is going to need to be replaced so we wanted to essentially legalize that now so that we could replace that home at some point you're taking that one single family home and building a new single family that's it and it's free to be free market yes okay yeah

2:28:07Speaker 4

I just wanted to clarify that it was one for one. I couldn't quite tell what was on the parcel.

2:28:11 – 2:28:24Speaker 17

And then I just noticed in the renderings, they showed a nice line of trees screening the buildings from their highway. Hoping that those weren't just for the drawings and that they will actually be a nice line of trees there.

2:28:24 – 2:28:58Speaker 15

Yes. Yes. I mean, that's it's certainly important to us, you know, having some screening, you know, from the highway. As you know, if you've been to the site, it's particularly close. And we've been working with our landscape architect, which is Connect One. you know, and CDOT and everybody else to do what's possible to screen as best as we can. And these renderings obviously take, you know, a balance between showing mature trees and not mature trees. So we're really trying to show kind of a middle ground of where the project should look, you know, within a few years.

2:29:00Speaker 21

That's all I got. And that's in compliance with the new Wii codes that we are trying to do? Or is that some of the modifications that you are going to need to make?

2:29:09Speaker 16

That's some of the modifications that Christine with Connected One is working on.

2:29:14 – 2:29:30Speaker 16

Yeah. There's also a set of boulder walls to add more privacy to those lower level units from the highway. Should help. You know, three or four feet tall. Create more privacy.

2:29:31Speaker 19

I'm sure it's in the packet somewhere, and it's a large packet, haven't found it yet. How much of the free market can the applicant build before deed restriction has to go up?

2:29:42 – 2:30:05Speaker 26

The way it is set up in the preliminary plan approvals and likely would be carried over into the final plan conditions is that the affordable housing has to come on proportionally with the free market housing. So if they're building a building of free market, they have to build a building of affordable, basically.

2:30:05Speaker 19

And that's different than the park modern development then?

2:30:10 – 2:30:32Speaker 26

It is different than Lake Modern. Lake Modern was allowed to build two free market buildings, and then with the third free market building, the first affordable housing building has to come on. And then the second affordable housing building comes with, I think, the fifth free market building.

2:30:34Speaker 19

Is there a reason we're not matching? I mean, this is more restrictive than that. Is that just because this is what they originally proposed or we pushed back on something more lenient?

2:30:45 – 2:31:09Speaker 26

You know, it's generally how we require it with annexations. This is an annexation, whereas parcel five of Soper's Meadows was not an annexation. So we can have flexibility to look at more community benefit. So this is one of those items that was negotiated with the review. Thank you.

2:31:12Speaker 21

I remember during preliminary plan, we had county lines running through the centers of some of the town homes. Is that still the case? Or is that part of the modification?

2:31:24 – 2:31:50Speaker 26

You want to speak to it? The county line now has been adjusted on the plan. The county line hasn't moved, but the plan changed to allow for it to not go through two of the five units that it originally went through. And now the three units that it still goes through, it goes through the wall, so it doesn't...

2:31:51 – 2:32:19Speaker 15

it separates the deck from the unit but it doesn't go through the middle of the units so there's no domain issues or if someone steps out on their deck then there becomes they go into a different county when they step out of their deck on three units exciting but it's it but it's it's not at least it's not in the middle of a room okay it's kind of like there's a defining line there's a defining line okay which is the department will know this is what you know they'll they'll know that

2:32:19 – 2:32:48Speaker 26

And so it was an issue at the preliminary plan review. Um, the town attorney, uh, worked with the prosecutors of the two counties to get a better understanding of how prosecuting crimes would, would work across two jurisdictions. And, and, uh, apparently it happens all the time. So cool. The concern went away to a great extent.

2:32:51Speaker 19

Have you guys ever asked Title if that's an issue, when you sell these, by any means?

2:32:56 – 2:33:08Speaker 15

No, it's, like James said, it's quite frequent, and yeah, it's just, I mean, it's taxed, they figure it out from the assessors, figure it out, kind of everybody just kind of figures it out.

2:33:09 – 2:33:37Speaker 21

That sounds toxic. Tax, paying two different taxes, two different, oh, wow. Yeah. As it relates to the water table dewatering and our downstream residences, what steps is the town taking to protect those wells that are potentially adjacent during site disturbance and some potential contamination opportunities, dewatering activities, et cetera?

2:33:39 – 2:34:04Speaker 26

Well, I think one, we're going to require best management practices in their construction management plan in terms of necessary silt fencing, necessary kind of separation between the improvements in grading and the wetland area itself.

2:34:05Speaker 21

Is there any monitoring discussions that town staff, engineering, public works has had related to the water supply of those adjacent neighbors?

2:34:15Speaker 26

We haven't really had those discussions, but maybe Stephanie, you have some thoughts on that?

2:34:21 – 2:34:45Speaker 30

The state requires you to have a stormwater discharge permit, and so we monitor it through that. I don't know if you were here when we were doing the sewer line down Midland Avenue and dewatering. We had this big giant balloon out on the park where the water went into that. It settled, and then we discharged the water after it was clean. So that's tested when we're going through the construction process. It's pretty well monitored through the state.

2:34:51Speaker 17

This is a public hearing. Are we taking public comment?

2:34:55Speaker 17

Do we have anybody that would like to comment? Is there anybody online?

2:35:02Speaker 26

If you're online and would like to make comments on this application to the P&Z, please raise your hand.

2:35:12 – 2:35:25Speaker 17

Okay, let the record show we opened public comment at 8.50 p.m. and we closed it at 8.50 p.m. So we either have more discussion or a motion would just be to continue, correct?

2:35:26Speaker 26

Be to continue, yeah. And at a future meeting, staff will bring back draft conditions for consideration.

2:35:32Speaker 19

Can I make one comment to the applicant?

2:35:37 – 2:36:28Speaker 19

My only concern, in a good way, is it's almost too good to be true of how much you're offering. and you're locking yourself in, and obviously you started this six years ago now, prices, interest rates, and there's no way for you guys to get out of this if rates keep climbing, if prices, and you'd have to come back again. We're at the final stage, you probably wouldn't want to do it, but if there's anything you'd want to add that gives yourself ways to bump up categories or something if it's tied to a price index or something i'm just concerned that we approve this but it never can happen because financially just doesn't bounce with all the deed restriction so i appreciate what you're giving i just you got an opportunity to like give yourself a little bit of leeway maybe with where costs have gone so well

2:36:29 – 2:37:05Speaker 9

I'll add a comment to that real quick. You know, we did ask for some waiver of fees in order to make this model more financially viable. And even though those were not accepted the last round, if P&Z had a position where they wanted to recommend to council that they're reconsidered to waive some of those fees, that's going to help this project get built effectively. And make sure it doesn't have a fate like you were thinking. It could be a possibility. So just throw that out there. That's something we can talk about next time we're in session. But I'll leave it at that.

2:37:06 – 2:37:21Speaker 26

I do want to clarify, though, that the town was supportive of waiving the parkland fees through the open space dedication. Which was how much? It's considerable. It's like $10,000 a unit. Um, so how many units?

2:37:25Speaker 26

It was just the water tap fees that the council wasn't supportive of.

2:37:30Speaker 21

And this is on the salt sanitation as well? Yes.

2:37:36 – 2:39:42Speaker 15

Look, I think, I mean, I appreciate you bringing that up, Kyle, because it's not often kind of part of the discussion throughout the process. I mean, I think where we, you know, we've spent a lot of time underwriting as well. Because it definitely keeps us up at night. I mean, the last thing we'd want to do is over promise and under deliver. And, you know, James and, you know, some of the people here have been there. You know, we've been doing this together now for many, many years. And I'd hate to have all that work done and not, you know, succeed. I think where, you know, we do have some flexibility after the fact and which kind of keeps us up at night is. And this is something maybe, you know, existentially that from a planning perspective, maybe you give developers a little bit more leeway is locking in, you know, the unit categories attached to a unit gets tricky. Because, you know, we have to decide now how many two bedrooms at, you know, this size. Income level at this category level. This one's an RO. This one's not an RO and you're you know, guessing quite frankly right now where the demand is going to be and Throughout our discussions with some of these like affordable housing partners that want to buy these units They've actually warned us because they've been in situations where you know, they thought there was going to be demand here and it wasn't there um we do have some flexibility with the town we can come back you know later if we're having problems let's say renting or selling a category 2 studio but we have the fire department that wants it but they want to put a category 4 person in it you know there is a mechanism to come back to council and maybe it comes back to pnz or bach where we could come back and kind of play with that tetris um But that's why we're sort of pushing for some of these waivers of fees. And if there's other ideas that you guys have, we'd certainly be open to them to make sure that this project is feasible.

2:39:43 – 2:39:55Speaker 8

Have you checked in with the Western Regional Housing? Because I feel like they do a pretty good job of tracking what size of units people are really looking for.

2:39:56Speaker 15

Yeah, we have.

2:39:57Speaker 8

And I found it kind of surprising, actually, what they're, like, it's not necessarily what you would expect.

2:40:03 – 2:41:20Speaker 15

Yeah, I mean, I think some of that, you know, what we don't expect, like, for example, on some of the larger units, you know, family units, people, I think, you know, in the Valley, families still want that, you know, home with a white picket fence. And being in an apartment-style living, per se, is, you know, maybe, you know... not ideal for some people but we have consulted with them we've met with them um and we plan to work with them more once we get final approval a lot of this is a little bit of chicken and egg like these groups don't really want to talk to you until you know what you have and you sort of don't know what you have until you're done with the process yeah you know and it's like which do you plan you know you kind of have to set it and then go back to them and say okay now we've got approval you know um we tried to bake them into the process from day one which we did all these groups and and talking to them and there was direction also from the town of basalt during the master plan they identified areas that they saw need for certain size units and things like that which is that the western group might help take some of the risk out yeah deciding which ones size it's a good idea too yes any other comments discussion

2:41:21 – 2:41:49Speaker 19

would just say waiving fees soft costs is such a small percentage of an overall project that yeah it helps but once you're in it and built like you've done all the work and it's it's trying to get out of it right and if you're stuck with certain things so i get like thank you for bringing this totally appreciate it i just i hope you guys can pull it off i mean it's thank you we hope we can too yeah that's one of the reasons for the best thing you know Because things aren't going to get cheaper, though.

2:41:49 – 2:42:33Speaker 15

Right. But, you know, a lot of that planning and and getting partners as, you know, together to do it. You know, there are. You know, there are companies in the valley, both, you know, essential sort of service companies and private companies that have budgets to purchase units to, you know, to bridge that gap and help us bridge that gap. And we're talking to them as well. So, you know, once the project's approved is like the next step is to build that. you know, kind of capital stack, if you will, you know, which will begin as soon as we really know we have something locked in and people can actually rely on what we're telling them. So the sooner we get approval, the better.

2:42:33Speaker 17

With that, we can entertain a motion.

2:42:41Speaker 21

Motion to continue. Second.

2:42:45Speaker 17

All in favor? Aye. Thank you. Thank you. Thank you.

2:42:55Speaker 26

Thanks, guys. Thanks for waiting around.

2:42:59Speaker 21

I thought we were going to have several people still here. Oh, oh, that from that side.

2:43:08Speaker 4

Night and day. This is like the old council days.

2:43:18Speaker 17

Are you still going? You got one more for us? One more for you. Okay. This is a public hearing.

2:43:25Speaker 4

I don't think I can do it.

2:43:27 – 2:43:47Speaker 17

For 20526 Highway 82 initial town zoning for the purpose of considering an application submitted by the town of Basalt to provide the town's police public works parcel at 20526 Highway 82 with initial town zoning upon annexation into Basalt. The zoning proposed for the property is P.

2:43:52 – 2:45:34Speaker 26

Thank you. I'll be quick on this, I promise. This is a request of the town to zone the 20526 Highway 82 property that the town purchased a couple years ago with an initial town zoning of public, P public, in association with the annexation. The town is currently in the process of developing a program for the site for the Police Department and Public Works Joint Facility. Staff believes that the Pea Public Zone District is the appropriate zoning to provide the property upon annexation, and it allows for establishment of the development program. through a P public zone district site plan review so staff because it is a town property doesn't have to jump through all the typical annexation hoops that a private development has to go through per the state statutes so staff is supportive of this uh, initial zoning of the property to be public. And so staff this evening would recommend, uh, you take public comments, uh, and then provide a commission discussion. And if you're comfortable, you could recommend that council, uh, zone the property as a P public, um, upon annexation and staff would be happy to answer questions as well.

2:45:37Speaker 8

I'm not really sure what we're evaluating.

2:45:41 – 2:46:15Speaker 26

Well, there's not too much to it. Staff doesn't have any concerns. We really can't show you a development program yet because it's in the process of being established with the town's consultants, and they're working with the town engineer as well as the public works department and the police department. And we've got several council members that are also sitting kind of in that board directing how the program gets established.

2:46:16 – 2:46:46Speaker 21

upon annexation and zoning that you would see a development program once it's been generated and you'll see it for review does p public have any limitations to the project at all related to residential units inside of the buildings for staff is there either any limitations for for that programming of the use of a public service building in the P-Public zone district?

2:46:46 – 2:47:00Speaker 26

No, P-Public allows for normal public uses, including PD and public works, but it also allows for accessory residential. Dwellings. Yeah.

2:47:00Speaker 17

Are there any other zoning options?

2:47:04 – 2:47:15Speaker 26

I mean, the other zoning option could be, you know, industrial PUD, but staff felt that P-Public fits what the town wants to do for the site.

2:47:16Speaker 21

It's currently industrial, right?

2:47:18Speaker 26

It's currently not in the town, so it doesn't have a town zone.

2:47:22Speaker 21

But the adjacent property is industrial.

2:47:24Speaker 26

The adjacent property is industrial, yeah.

2:47:27Speaker 17

And how much affordable housing will you be providing?

2:47:30 – 2:47:44Speaker 26

that's still up for yeah consideration as part of the establishment of the development program um any other questions comments it's pretty straightforward right yep

2:47:46Speaker 17

Do you want a motion?

2:47:48Speaker 26

If we could please do the public hearing. Public hearing.

2:47:52Speaker 17

Okay, let's open up the public hearing at 9.03. Anybody online?

2:47:59Speaker 26

We don't have anybody online.

2:48:01 – 2:48:15Speaker 17

Then let's close the public hearing at 9.03. And now we can either advocate. You okay? Discussion or take a motion.

2:48:17Speaker 21

Motion to approve. Second.

2:48:19Speaker 17

All in favor? Aye. Thank you. Zone P it is.

2:48:30 – 2:48:43Speaker 26

And so, you know, in terms of staff comments, your next meeting will be July 7th and we'll have likely the continuation of Jadwin and the continuation of the hotel.

2:48:44Speaker 21

Will there be any other applications that I should set apart the entire night? I don't believe so.

2:48:52 – 2:49:11Speaker 19

Why the hotel two weeks? Do you think that much is going to change? Right? It's two weeks. It's just fast, I feel like, to see them last. And that's just because they're asking for that? Or do we have to come up with what we're trying to propose?

2:49:11 – 2:50:10Speaker 22

We'll come up with draft conditions and come back with a draft ordinance. It's a large application, as you guys saw. And we had a lot to talk through today. So the hope is to get an introduction to hear some of the neighbor comments and to be able to begin that discussion. Hearing it from the horse's mouth, if you will, for the applicant, that gives them a little bit better idea of what they really need to address and a willingness to come back to address some of those things. exterior lighting, traffic. We will be meeting with the applicant to download this meeting and to discuss kind of next steps for them. They could come to that meeting and say, hey, we need more time, or they could come to that and be willing to include those as conditions, which then we move forward whether or not we schedule a town council meeting.

2:50:10 – 2:50:33Speaker 26

we we have to provide a date certain and and so you know if they're not ready or staff is not ready at that meeting then it could be continued forward i was going to ask do you think you all will be ready based on the questions that we requested of you i i think we could be but you know i i think it it's really up to the applicants whether they need more time okay

2:50:36 – 2:50:47Speaker 17

When you meet with them, I think that Kyle really had the impression point where they're asking for a lot and they're not offering much. And I want to make sure that got conveyed to them.

2:50:50Speaker 22

Yeah, I think staff might be able to offer some context at a later date on that.

2:50:54Speaker 17

Show them the application we just saw. They've seen it.

2:51:01Speaker 22

Staff said some conversations outside of the scope of the application regarding that. So they're aware.

2:51:12Speaker 8

What is the status of the Myers Steel property? Did that get approved by council? And how can Majin come back to us first?

2:51:23 – 2:52:01Speaker 26

No, it hasn't been approved by the council. The council went before council and so council had some concerns. They primarily had concerns about the residential not being integrated with the storage. They were concerned about the storage itself, and there were concerns about traffic still and associated improvements. And so the applicant is looking at adjustments to the application, but they're not going back to council next week. They're continuing further.

2:52:01Speaker 8

Okay, so we're going to get to see it again, too, because we've only seen it once, I think.

2:52:06 – 2:52:27Speaker 26

well no it's one round of review with pnz and council on their development app actions that they require because they're in a pud already so so it wouldn't come back to pnz unless council directed it to go back to pnz which could could be a possibility but

2:52:28Speaker 8

I felt like we don't usually see everything twice, kind of as a matter of course.

2:52:32Speaker 26

If you're establishing a new PUD or an annexation, a new PUD goes through three rounds of review with P&Z and council.

2:52:43Speaker 8

Okay. And they're, I mean, they are asking for variances, as I recall, but that doesn't.

2:52:49Speaker 26

They're going through an amendment to their current PUD.

2:52:52Speaker 8

So we might not see it again.

2:52:54Speaker 22

Similar to what Kyle's question was earlier.

2:52:56 – 2:53:15Speaker 8

Yeah. Okay. So what about, sorry to belabor it, but what about with the hotel? I mean, we'll obviously see it again because we didn't vote on anything, but then once we do, because it's not a new PUD, would we see it again or no? Do we just see it once?

2:53:15Speaker 26

It's one round of review.

2:53:17Speaker 8

Okay, thanks for clarifying that.

2:53:19Speaker 22

Yeah, one set of applications, one vote at PNZ and two at council.

2:53:24Speaker 21

Okay. And if we vote to deny its approval, do they get to appeal to town council?

2:53:34Speaker 26

Your vote is a recommendation to council, so council could still see it, yes, but it's a recommendation.

2:53:42Speaker 8

They can overturn us. They'd still get to vote.

2:53:51Speaker 26

That is the only comments that I had.

2:53:53 – 2:54:46Speaker 2

I think I owed you all an explanation on the community development position. We are going to be restructuring a little bit over there and we have opened up the planning director internally and that is going to be due on this Friday. The planning director has been revamped as a position over there. As far as the so the community development director also oversaw Brent. I'm sorry, our arts and events manager. And I'm currently overseeing him and the town engineer, as well as our sustainability projects. So I'm taking that on for right now and reevaluating once we get our planning director in place.

2:54:48Speaker 17

So what happens on Friday?

2:54:50Speaker 2

That is when the position closes.

2:54:52Speaker 21

Gotcha. And you'll be then overseeing town engineer and public works as well?

2:54:59Speaker 2

Yes, I do. I already oversee them. You already oversee them, okay.

2:55:02Speaker 19

Do you have applicants right now in that?

2:55:06Speaker 2

Yeah, so it's been opened up internally.

2:55:08Speaker 19

Oh, it's just, okay, you said that, yep.

2:55:15Speaker 17

If there's anything else, then we can...

2:55:17 – 2:56:26Speaker 22

I have a couple staff updates for you guys. Cliff's Hillside Park has advanced. We reviewed 90% set at post-committee. So hoping to start construction on that and start ordering play equipment imminently. So we're looking at construction probably starting mid-July on that, beginning with the demo of the existing play structure there. So that's exciting. Looking at launching a survey on the land use code updates. So getting that back in front of you guys, that will likely launch the beginning of next week, but we'll be sure to post that all over the place. And you guys will hear about that at your next meeting when that goes live. We'll be doing a public outreach event at the library on the 8th of July. So we'll be sure to mention that on the 7th at our next planning and zoning meeting. And for fun things, the Basalt Summer Concert Series begins tomorrow evening in the park. With Palmyra and Sweet Jessup and the Dirty Buckets. So come on down. Any other fun stuff?

2:56:27Speaker 2

You know, it's late. I think we can let them go.

2:56:32Speaker 17

Motion to adjourn. Aye. We'll call unanimous.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.