HomeMy WebLinkAboutMinutes 05/12/15 PUBLIC HEARING May 12, 2015 Present: Kathy Chandler-Henry Chairman Jeanne McQueeney Commissioner Jillian Ryan Commissioner Brent McFall County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board Regina O'Brien Chief Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Brent McFall spoke about the International City/County Managers Association that ran a program of international fellowship among local government professionals. It was an exchange of professionals from nations across the world. These professionals spent time with local government to learn from one another about different techniques and practices. The Town of Basalt was hosting two internationals and they would be spending the day in Eagle. Ken Whitehead was excited to introduce the two ladies,Aroon Prasongchaikul from Thailand and Joanne Flestado from the Philippines. Commissioner Updates Chairman Chandler-Henry stated that Eagle County would be attending Senator Cory Gardner's meeting in Grand Junction on Saturday. 1. Resolution 2015-041 Designating May 2015 as Older American's Month Carly Rietmann,Public Health Ms. Reitmann with the Eagle County Healthy Aging Program introduced Pat Nolan. She spoke about how much Eagle County did for its older citizens. May was the month to recognize older Americans. She introduced some of the guests in the audience who participated in the Golden Site Council and coordinated events for the seniors. A video was shown demonstrating what the older adults had been up to the last year,this year's theme was "Get in the Act". She thanked the Communications Department for helping out on the video. BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2015- RESOLUTION DESIGNATING MAY 2015 AS OLDER AMERICAN'S MONTH WHEREAS,Eagle County includes a thriving community of older Americans who are recognized for their contributions and sacrifices that ensures a better life for future generations; and WHEREAS,Eagle County is committed to helping all individuals live longer, healthier lives in the 1 05/12/2015 communities of their choice for as long as possible; and WHEREAS, since 1965,the Older Americans Act has provided services that help older adults remain healthy and independent by complementing existing medical and health care systems,helping prevent hospital readmissions, and supporting some of life's most basic functions; and WHEREAS,these programs also support family caregivers, address issues of exploitation,neglect and abuse of older adults; and WHEREAS,we recognize the value of community engagement and service in helping older adults remain healthy and active while giving back to others; and WHEREAS,our community can provide opportunities to enrich the lives of individuals of all ages by promoting and engaging in activity, wellness, and social inclusion; emphasizing home-and community-based services that support independent living; and, ensuring community members of all ages benefit from the contributions and experience of older adults. NOW THEREFORE,BE IT RESOLVED that the Board of County Commissioners hereby recognizes May 2015 as Older American's Month and urges every resident to take time this month to recognize older adults and the people who serve and support them as powerful and vital individuals who greatly contribute to the community. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of May, 2015. Chairman Chandler-Henry moved to approve the resolution designating May 2015 as Older American's Month. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Chandler-Henry stated the first item before the Board was the Consent Agenda as follows: 2. Approval of Bill Paying for the Week of May 11,2015 (Subject to Review by the Finance Director) John Lewis, Finance 3. Grant Agreement between Eagle County and Colorado West Mental Health, Inc., DBA Mind Springs Health, for Support of a Detox Facility and Emergency Mental Health Services Kathy Chandler-Henry, Commissioners 4. Agreement between Eagle County and Mountain Family Health Centers for Provision of Prenatal Health Care Services Jennie Wahrer, Public Health 5. First Amendment to Agreement between Eagle County and CPL Partnership to revise Exhibit Al Legal Description to Airport Facilities Lease Greg Phillips, Airport 6. Second Amendment to Burns Bridge Intergovernmental Agreement between Eagle County and Colorado Department of Transportation for Right-of-Way Design and Construction Ben Gerdes, Engineering 2 05/12/2015 7. Grant Agreement between Eagle County and Planned Parenthood of the Rocky Mountains,Inc. for Family Planning for Teens and Adults Program Kathy Chandler-Henry, Commissioner 8. Resolution 2015-042 Concerning an Appointment to the Basalt Regional Library District Board of Trustees and Ratification of Appointments by the Pitkin County Board of Commissioners and the Basalt Town Council to the Basalt Regional Library Board of Trustees Kathy Chandler-Henry, Commissioner 9. First Amendment to Agreement between Eagle County and Vail Valley Jet Center, Inc. to Extend Agreement to Assist the County in Collecting Landing Fees Greg Phillips,Airport Commissioner Ryan asked about the Second Amendment to the Burns Bridge Intergovernmental Agreement between Eagle County and Colorado Department of Transportation(CDOT) for Right-of-Way Design and Construction. She wondered why the extension was so long. Mr. Gerdes believed this was their standard extension. All the information was sent to CDOT for a final review,this would simply extend the agreement with CDOT for seven years but the project may not take that long to complete. It was just a formality. Work would begin this summer. There were some river restrictions until August to protect fish habitat. Commissioner Ryan asked Mr.Phillips to elaborate on the agreement regarding landing fees. Mr.Phillips stated that they were attempting to collect landing fees. This was an extension to an existing contract. The agreement established with Vail Valley Jet Center was for a one(1)year extension. Corporate aircraft over 12,500 lbs. would be charged a landing fee of$2.99 per 1,000 lbs. The fee for small jets was $60 to land.The revenue raised would fund maintenance and ongoing improvements to the runway and airfield. Chairman Chandler-Henry spoke about the appointments to the Basalt Regional Library District Board and thanked Heather Manolakas for stepping up as the Eagle County Representative to the Basalt Regional Library District Board of Trustees. Commissioner Ryan moved to approve the Consent Agenda for May 12, 2015,as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Chandler-Henry opened and closed citizen input, as there was none. Business Items 10. Agreement between Eagle County and Vaisala,Inc.for Procurement and Installation of Backup Automated Weather Observing System I Greg Phillips,Airport Mr. Phillips stated that the airport had an automated weather system and a backup system that allowed for continued operations in the event of an emergency. Air carriers would not land if they did not have accurate,timely current weather observation. This agreement was for installation of a state of the art new backup weather system. Chairman Chandler-Henry wondered who would operate the system. Mr. Phillips stated that the system was automated and would be supported by Vaisala,Inc. 3 05/12/2015 Commissioner McQueeney moved to approve the agreement between Eagle county and Vaisala, Inc. for procurement and installation of backup automated weather observing System I. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 11. DKM Associates,LLC d/b/a Juniper Restaurant #15-30721-0000 Renewal of a Hotel&Restaurant License in Edwards(Riverwalk). There have been no complaints or disturbances in the past year. All the necessary fees have been paid.An Alcohol Management Plan is on file and proof of server training has been provided. 12. Top of the Rockies of Vail,Inc. d/b/a Top of the Rockies #10-82789-0000 Renewal of a Hotel&Restaurant License in Red Cliff. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 13. New New,LLC d/b/a Hooked #47-01535-0000 Renewal of a Hotel&Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 14. Tacolicious,Inc. d/b/a Tacorico #47-02813-0000 Renewal of a Hotel&Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Other 15. BCP-Liquor,LLC d/b/a Adam's Mountain Country Club #47-04575-0000 Resolution 2015-043 Approval of a Private Hotel and Restaurant Liquor License w/Optional Premises. The hearing on the application was held on April 14, 2015.These are the official findings of the board,as mandated by the Colorado Liquor Code. 16. BCP-Liquor,LLC d/b/a Adam's Mountain Country Club #47-04575-0000 Trade Name Change—The applicant wishes to change the Trade Name from Adam's Mountain Country Club to Frost Creek. 17. BCP-Liquor,LLC d/b/a Adam's Mountain Country Club #47-04575-0000 4 05/12/2015 Corporate Report of Changes—The applicant wishes to replace Chad Brue,with BCP-ARR Club,LLC as sole owner. Commissioner McQueeney moved that the Board approve the Liquor Consent Agenda for May 12, 2015, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Other Liquor Business 18. Special Event Permit-Eagle Valley Land Trust APPLICANT: Eagle Valley Land Trust REQUEST: Special Event Permits EVENT: 7th Annual Campout for the Cause DATE OF EVENT: May 22—24,2015 REPRESENTATIVE: Matt Stern, Eagle Valley Land Trust Micheal Welle,Bonfire Entertainment LOCATION: Ranch Del Rio-4199 Trough Road,Bond STAFF REPRESENTATIVE: Kathy Scriver STAFF CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested permits for a 3 day music event being held at Rancho Del Rio in Bond on the following days: Friday,May 22 from 3 p.m. to 1 a.m. Saturday,May 23 from 10 a.m.to 2 a.m. Sunday,May 24 from 10 a.m. to 2 a.m. The event is family friendly. There will be Stand up Paddleboard (SUP) demos, face painting, yoga, and multiple workshops. The applicant hopes to attract 1000 attendees per day. Lonestar Security and staff wall control the front gate and bar entrance. Alcohol will be stored in lockable vending trucks onsite with overnight security posted. There will be at least 2 licensed food vendors. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on May 1, 2015, 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided a detailed alcohol management plan and proof of server training. 5. Eagle County Sheriff's Office and other Emergency Service Providers have been notified. 6. The applicant is currently undergoing the Limited Review process in order to obtain a Mass Gathering Permit. 5 05/12/2015 • Eagle County Land Use Regulations require property owners to obtain a Mass Gathering Permit for events of 500 or more persons held at venues other than those previously designated and approved specifically to accommodate such events. STAFF RECOMMENDATION: Staff recommends approval of the application with one(1)condition. CONDITION: 1. The applicant must obtain a Mass Gathering Permit to proceed with the event as described in the Alcohol Management Plan attached to the special events permit application; and In the event a Mass Gathering Permit has not been obtained, attendance at the music event for which the special events permit is being issued must be limited to less than 500 people. DISCUSSION: Ms. Scriver spoke about the event. This was the 7th annual event and staff had no concerns. In order for the applicant to have over 500 people each year,they had to apply for a mass gathering permit; this was still pending. However, there are no issues so far and the permit process should be finalized today. Staff included a condition just in case the permits were not granted. Michael Welle stated that this was the 7th Annual Camp out for the Cause. The event took place on the river and hopefully the weather would be kind. Bonfire Entertainment was known for their work with Winter Wondergrass which had completed third successful year. They were expecting 1000 people. The event was a family friendly event. Kids 12 and under were free. There would be live music all day long, a large yoga tent, permaculture, SUP demos and other activities beyond a normal music event. The licensed area was around the stage and deck which would be fenced in and secure. Lone Star Security and medical staff would be onsite. Staff was all TIPS certified. The event would kick off on Friday at 3:00 pm. Bonfire Brewing would be providing the beer and this was a great opportunity to showcase their services. All net proceeds went to charity. In addition to the bar,there will be food vendors from breakfast to 2:00 am and a store would be open. For camping, each pass sold included a camping pass. He believed that of the 95%of people that left the event had designated drivers, nonalcoholic beverages for designated drivers would be provided. The vast majority of passes sold were three day passes Matt Stern with the Eagle Valley Land Trust stated that this was the second year they'd applied for the permit. Last year was a success. He believed the event was very well run and organized. Proof of insurance was still pending but they had the liability coverage for the event. Chairman Chandler-Henry wondered where people could get tickets. Mr.Welle stated that tickets were available online and onsite. They also paired with All Hands Volunteers and American Rivers. Chairman Chandler-Henry asked about the notification to the Eagle County Sheriff's Office as the form had not been signed off. Ms. Scriver stated that she had not received the confirmation back from the Sheriff's Office but they had been notified. Chairman Chandler-Henry stated that the American Rivers had not been mentioned in the alcohol management plan. Mr.Welle stated that since they were not the applicant they were not mentioned. They were just one of the three charities supported by the event. Chairman Chandler-Henry believed it looked like a great event and thanks to the Eagle Valley Land Trust for their participation. 6 05/12/2015 Commissioner Ryan moved that the Local Liquor Licensing Authority approve the application submitted by the Eagle Valley Land Trust for "Campout for the Cause"being held at Rancho Del Rio on May 22 from 3:00 pm until 1:00 am and May 23 and 24th, 2015 from 10:00 am until 2:00 am with one(1)condition as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Ryan seconded the motion. The vote was declared unanimous. Work Sessions 19. Vail Valley Partnership Economic Development Efforts Chris Romer and Jeremy Rietmann,Vail Valley Partnership Commercial Property-Assessed Clean Energy(C-PACE)Program Paul Scharfenberger and Keirstin Beck, Colorado Energy Office Planning Files 20. 1041-5267 VIA 32532 PUD Sean Hanagan • Ben Gerdes Trinity Development Group,Applicant Dominic Mauriello, MPG,Representative Note: Tabled from April 14,2015 and April 28,2015 Action: The purpose of this 1041 permit is to allow for the extension of an existing water and wastewater system to serve the VIA PUD Location: 32530 HWY 6,Edwards Area Reference: Staff Report in April 14,2015 Meeting Minutes 21. PDSP-5266 VIA 32532 PUD Sean Hanagan Ben Gerdes Trinity Development Group,Applicant Dominic Mauriello,MPG,Representative Note: Tabled from April 14,2015 and April 28,2015 Action: The purpose of this 1041 permit is to allow for the extension of an existing water and wastewater system to serve the VIA PUD Location: 32530 HWY 6,Edwards Area Reference: Staff Report in April 14, 2015 Meeting Minutes 7 05/12/2015 22. ZC-5270 VIA 32532 PUT) Sean Hanagan,Planning Ben Gerdes, Engineering Trinity Development Group, Applicant Dominic Mauriello,MPG,Representative Note: Tabled from April 14,2015 and April 28,2015 Action: The purpose of this Zone Change is to change the zoning from Residential Suburban Low Density (RLS)to Planned Unit Development(PUD)in conjunction with review of a Preliminary Plan for PUD to allow for a residential community containing 70 units on 4.06 acres in the West Edwards Area. Location: 32530 HWY 6, Edwards Area Reference: Staff Report in April 14, 2015 Meeting Minutes MEMORANDUM To: Board of County Commissioners From: Sean Hanagan, Planner II Date: May 6, 2015 RE: Update to VIA PUD Preliminary Plan Since the last continuance on April 21 the following changes to the file have been proposed in response to the discussions that were part of the hearing and the following referral agent loops have been closed. The following table represents the requested variances from Improvement Standards (Parking) and staff's position on those variances. Please be aware that 3000 square feet of commercial space has been removed from the PUD proposal. ✓ ,=i ® w 12.POO V V nee .. Roadway Site grades and adjacent property access Engineering does not oppose this 1 10%Grade for 120-ft section 8%Grade for north facing slopes variation. ERFPD has reviewed and does neccessitate need for section of 10%grade. not oppose variation Parking Parking space reductions will result in a 29 1 1.5 Space/1 Bedroom Unit 2 Spaces/1 Bedroom Unit space(17%)reduction from the ECLUR Standard. There are concerns in Establishment of parking standards is based on approving the reduced parking for this observation and is not a measure of actual need project. However,we do not believe that but an educated guess that tends to 2 2 Spaces/2 Bedroom Unit 2.5 Spaces/2 Bedroom Unit overestimate. Project is 500-ft from ECO Transit there is a significant risk to Public Safety and that our concerns are related to stop. PUD will include a parking manangement plan that will include a parking permit program. operational issues that could arise.These concerns are primarily Management Reducing parking meets certain County goals. issues that will require diligent 3 2 Spaces/3 Bedroom Unit 2.5 Spaces/3 Bedroom Unit enforcement of the Parking Management Plan 4 1 Space/250 sq-ft Leasing Office 1 Space/250 s.f-net leasable floor area Meets ECLUR Standard Meets ECLUR Standard Conducted survey of 11 parking lots in Eagle 5 Standard Parking Space 9-ft by 19-ft Standard Dimension is 10-ft by 20-ft County. Found 9-ft by 19-ft consistent with other Engineering does not oppose this variation parking lots 6 Compact Spaces(short)8-ft by 17-ft(max Compact Spaces minimum dimension is 8-ft by 16- Meets ECLUR Standard Meets ECLUR Standard 7%of surface spaces) ft(max 20%of spaces greater than first 10) 7 Truck/SUV Space 10-ft by 20-ft (min Standard Dimension is 10-ft by 20-ft Meets ECLUR Standard Meets ECLUR Standard is of surface spaces) ADA requirement width is 13-ft(8-ft space B Accessible 13-ft by 19-ft (7% Accessible Space is 13.5-ft by 20-ft with 5-ft access aisle) Van space of surface spaces) Van Space is 16.5-ft by 20-ft Meets ADA requirements requires 16-ft(8-ft space with 8-ft access aisle) 9 Single Car Garage 11-ft by 19-ft(min) Standard Dimension is 10-ft by 20-ft No ECLUR Standard for garage space Engineering does not oppose this variation 10 Tandem Car Garage 11-ft by 37-ft(min) Standard Dimension is 10-ft by 20-ft No ECLUR Standard for garage space Engineering does not oppose this variation Section 4-140.B.For 90 degree angle parking,the length of a parking Not all cars overhang two feet and lower pa utg space may be reduced to 18', clearance cars will not overhang at all. It is likely Provide parking stops to limit overhang to VIA 32532 Parking Comparison 70 Unit Proposal Presented to BoCC on 4/14/2015 Required 4/14/2015 VIA Proposed ECLUR Standard DU/sq-ft Spaces Proposal DU/sq-ft Spaces 1 Bedroom DU 2 11 22 1 11 11 2 Bedroom DU 2.5 46 115 1.5 46 69 3 Bedroom DU 2.5 13 32.5_ 2 13 26 Total 70 169.5 70 106 Guest Spaces _ 25 Total Residential 169.5 131 Commercial 1 per 250 sq-ft 3000 12 1 per 350 sq-ft 300 9.0 Leasing Office 2 per 250 sq-ft 500 2 2 per 350 sq-ft _ 500 2.0 TOTAL SPACES 184 142 Proposal is a 23%reduction(42 space)from ECLUR Standard 72 Unit Proposal Dwelling Required Current VIA Dwelling Proposed ECLUR Standard Units Spaces Proposal , Spaces 1 Bedroom DU _ 2 13 26 1.5 13 19.5 2 Bedroom DU _ 2.5 46 115 2 46 92 3 Bedroom DU 2.5 13 32.5 2 13 26 Total 72 173.5 72 137.5 Guest Spaces - 7.0 Total Residential I 173.5 144.5 Leasing Office ll per 250 sq-ft I 500 2 1 per 250 sq-ft 500 2 TOTAL SPACES 175 147 Proposal is a 17%reduction(29space)from ECLUR Standard Parking Space Dimensions VIA Proposal ECLUR Standard Standard 9-ft by 19-ft 74 Standard 10-ft by 20-ft 138 Compact(short) 8-ft by 17-ft 6 Compact 8-ft by 16-ft 33 Truck/SUV 10-ft by 20-ft 18 Accessible 13-ft by 19-ft 7 Accessible 13.5-ft by 20-ft 4 Van 16.5-ft by 20-ft 1 Single Garage 11-ft by 19-ft 22_ Tandem Garage 11-ft by 37-ft 20 147 176 24-ft Drive Aisle in accordance with ECLUR 1-ft front overhang proposed Referral Agent Final Comments: The Applicant has also provided final comments from the Eagle River Watershed Council in the form of an email indicating the position of the council and the agreement that the council's referral comments have been fully addressed and satisfied.Please see text from e mail below. 9 05/12/2015 Sean, Dominic summarized the conversation between Jennifer Babcock and Seth Mason well. Eagle River Watershed Council feels that the points raised in our letter have been addressed through the agreements and discussion. Thank you for the opportunity to participate in the process. Best of luck with your project,Jennifer and Dominic, and we look forward to working with you more. Regards, Holly Holly Loff I Executive Director Eagle River Watershed Council PO Box 5740 I Eagle, CO 81631 W: 970-827-5406 loff @erwc.org I www.erwc.org On Wed,Apr 22, 2015 at 3:27 PM, Dominic Mauriello<dominic @mpgvail.com>wrote: Hello Holly: I am writing again on behalf of the VIA project. It sounds like our engineer had some very productive conversations with your engineer, Seth Mason. We provided an update to the County today which included the following language based on the emails that have been going back and forth. The County staff is anxious to have something from you directly. Here is what we stated which is consistent with what was communicated to us: Eagle River Watershed Council(ERWC): Jennifer Babcock with Cirque Civil, our Civil Engineer, communicated directly with Seth Mason,the Council's Hydrologist. ERWC has indicated that they will communicate again directly to Eagle County but indicated to us that they thought our stormwater plan was adequate as proposed but asked that the project include low impact design elements(best practices)to further mitigate water quality impacts whenever possible. We are in agreement to include these design elements whenever possible. We believe this addresses the issues raised by the comment letter dated April 9 from ERWC. Additionally we added the requirement that low impact design elements be included in the stormwater design within our PUD Guide. We hope you can send an email to Sean at the County confirming this understanding. We look forward to working with you in the future. Thank you, DISCUSSION: Allison Ochs-Kent provided a PowerPoint presentation. She addressed all issues for which the board had asked for resolution. They changed the grading. They also looked at additional parking. They reduced their commercial space to 500 square feet and moved the fitness facility to the front of the site,adding an outdoor patio amenity. This reduced their parking demand by 10 spaces. They increased their overall parking to 147 spaces; 145 of these for residential and two (2) for commercial. The average was 2.01 parking spaces per unit. There was a 16.3%deviation from the Land Use Regulations. They believed the amount of parking was adequate. 10 05/12/2015 The concern about the width of the parking spaces for commercial spaces should be mitigated due to the decrease in commercial square footage. Throughout the county parking spaces were typically 9' x 19'. Only Eagle County and Gypsum required larger spaces. Commissioner Ryan asked who would be assigned the oversized parking spaces. Ms. Ochs-Kent indicated that these would be premium parking spaces. They worked closely with the Colorado Geological Society to address the site design. She spoke about the letters received related to the project. The Fox Hollow owners had now become supporters of the project. Mr. Hanagan presented a staff PowerPoint presentation. The owners had requested a waiver of the $54,000 fee due to the fact that there would be 25%affordable housing available. He presented possible bases for variations from regulations. Ben Gerdes, from the Engineering Department spoke to the board. The land use regulations required 17% more parking than the applicant proposed. The Land Use Regulations allowed reduction in parking space size if there was overhang in front of vehicles possible. Engineering was concerned with overhang versus sidewalk width. Commissioner Ryan asked whether the 9 x 18 foot spaces was the same or different as other spaces in the same area. Mr. Gerdes said it varied. Chairman Chandler—Henry asked about the disabled spaces. Mr. Gerdes indicated that there would be one van space required. Ms. Ochs—Kent felt that they could accommodate one van space using one of the other disabled access spaces. Mr. Gerdes reviewed the variations requested. The parking spaces were .5 less per unit than required and there was concern about management of this issue. There were places where reduced parking could work if managed properly. The 9' x 18' dimensions were smaller than required. The accessible spaces required half a foot more in the Land Use Regulations. The overhangs should have a wheel stop so as not to impede on the walkway. The grade included one short section with a 10%grade,but everyone, including the Fire District feels that this was acceptable. The applicant was asking for a waiver from the Road Impact Fees,which was standard based on the 25%affordable housing availability. Mr. Hanagan stated that the Eagle River Watershed Council had been satisfied. He reviewed the zone change standards. This application included a zone change, a planned unit development and a water use— 1 041 application. Staff felt the standards had been met sufficiently. He reviewed other standards and compared their application with the requirements. He presented the suggested conditions including CDOT permits,required pedestrian accommodations,compliance with all site development standards, improvements maintained by applicant, incorporation of best management practices, all material representations adhered to, a public improvements agreement executed in the first phase of development, deed restricted unit plan be approved by Eagle County Housing Department and the finalization of additional debris flow mitigation design. Commissioner Chandler—Henry asked staff's opinion on the parking. Mr. Hanagan stated that the parking would not be a life, health or safety issue and the applicant had committed to providing a robust parking management plan. Bryan Treu, County Attorney spoke to the board about standard the Colorado Geological Society approval and asked that it include the county in consultation. Chairman Chandler—Henry opened and closed public comment as there was none. Chairman Chandler—Henry asked for deliberation on the zone change first. Commissioner McQueeney spoke about the consistency with the comprehensive plan,the floor ratio,the impervious material, and the setbacks when dealing with a future land use map. The future land may be dated but was still the current guideline. Commissioner Ryan spoke about consistency with the comprehensive plan,but not with the future land use plan. She felt it met the general development economic resources,housing,wildlife, including goals and policies for that area. She liked the aspects of the plan for the residents. There were a lot of public benefits to the file,right on the bus line;there was a toddler playground and clubhouse. She expressed an interest in seeing more of these types of developments in West Edwards. The traffic on US Highway 6 during peak periods was an issue, although the affordable housing outweighed that concern. 11 05/12/2015 Chairman Chandler—Henry spoke about the Land Use Plan,but with enough public benefit and based on the inconsistency currently going on in West Edwards she felt comfortable merging the past and future Land Use Plan. The affordable housing was very enticing. She was leaning towards voting in favor of the zone change. Commissioner McQueeney asked about the Planning Commission's desire for lower density. They were told the maximum number of units would be 70 to address the parking issue. Commissioner Ryan was still struggling with the additional residential units. Chairman Chandler—Henry stated that the Edwards Community was also concerned with the additional density. Ms. Ochs—Kent stated that due to the reduction of commercial space,they felt they needed additional units to recover from these missed revenues. Chairman Chandler—Henry asked for deliberation on the Planned Unit Development standards. Commissioner Ryan stated that she felt like the plan met the standards,with the exception of adequate facilities due to parking. The dimensions of the spaces seemed acceptable, but with a full parking lot and smaller spaces it could be an issue. It was the number she was struggling with and didn't like the 17%request for a variance. The people who lived in this development would not necessarily be using the bus line. Many other PUD projects did not have a parking space variance. There would only be seven spaces for guests in 72 units. The limited parking could create a lot of inconvenience for working residents. She liked the project and would like to approve it,but wanted more parking closer to a 10%variance on parking. Commissioner McQueeney spoke about environmental justice piece. None of the issues were life or safety issues,but she did not want to create a sub-par project for working families. She felt the standard had been provided through the Future Land Use Map in terms of community planning. Chairman Chandler—Henry stated that she was also concerned with the parking. She liked the idea of encouraging people to use public transit, although tradesmen had tools and couldn't reasonably do this. She liked the project a lot,but it was a difficult balance. Chairman Chandler—Henry was not in favor of waiving the road impact fees due to so many issues and needs related to roads and traffic. Commissioner Ryan stated that she was also not inclined to give a waiver of the Road Impact Fees,due to the state of highway funding available from the state. They used these fees to leverage the shortage of state and federal funds. Chairman Chandler—Henry asked about the eight year vesting request for the Planned Unit Development. Ms. Ochs—Kent stated that due to the nature of the project it would be more difficult to find financing. Mr. Treu indicated that extensions could also be requested after the standard five years has passed. Chairman Chandler—Henry preferred a five(5)year vesting with the possibility for requesting an extension. Chairman Chandler—Henry asked for deliberation on the 1041 permit. She wondered about the waiver of the special use permit application. Mr. Hanagan stated that this was standard based on the opinion of the Community Development Director. Chairman Chandler—Henry thanked the applicant for working with the Watershed Council and the Colorado Geological Society. Ms. Ochs—Kent stated that it was difficult to build affordable housing and parking added a huge cost. Most of these types of project had received a reduction in parking requirement allowance. With rental units included in the project there was additional ability to control parking. They were willing to reduce the project by two units and this would bring the deviation to 13.5%. Fox Hollow also received a parking reduction. They had done everything possible to maximize parking,but adding more spaces would take up green space. Commissioner Ryan spoke about Riverview and the reality that there were many households that cannot afford two vehicles. Chairman Chandler—Henry stated that the addition of affordable housing outweighed the concerns she had related to parking, zoning and traffic. Commissioner McQueeney spoke about the Edwards Community Authority and their concerns about 78 units, the commercial uses and open space as originally designed. She believed the Edwards Master plan would incorporate this type of development. Ms. Ochs—Kent stated that upon receipt of the letter they met with this group and reviewed the changes. They seemed happier. Commissioner Ryan expressed sadness that the valley was trading affordable housing for better levels of parking. The amenities offered help this angst. 12 05/12/2015 Mr. Gerdes spoke about the four foot paths that could be impacted by the overhang. Chairman Chandler—Henry asked about a tabling to address the issues. Mr.Treu indicated that approvals could be given with agreed upon commitment that all changes discussed would actually be made. He indicated this could be done by resolution. He added that the applicant would add a van accessible spot per the dimensions set forth in the Eagle County Land Use regulations or otherwise agree to by Eagle County Engineering,parking stops or other mechanisms to limit overhang to one foot onto the sidewalk,and applicant to modify the PUD guide prior to the approval of the resolution approving the PUD. And the 72 to 70 units and five year's vesting rather than the eight requested. Commissioner Ryan moved to approve File No(s). ZC-5270/PDSP-5266/VIA PUD, incorporating staff's findings and staff's conditions, because the proposed uses meet all of the standards for approval of a PUD/Zone Change. The proposed uses will not adversely affect the public health, safety, and welfare; the proposed uses are attuned with the immediate adjacent and nearby neighborhood properties; and the proposed uses are in compliance with the Eagle County Land Use Regulations and the Comprehensive Plan. Suggested Conditions: 1. Prior to issuance of any grading or building permits for the subject parcels the applicant shall provide the Engineering Department a copy of the executed Access Permit and all improvements required by the Access Permit shall be completed and accepted by CDOT. 2. Prior to issuance of a Certificate of Occupancy the applicant shall complete the required pedestrian accommodations including an 8-ft. wide path across the frontage of their property and a 5-ft. wide connection from their property line to connect to the existing path that serves the bus stop. 3. Other than variations approved,the Applicant shall comply with all site development standards. 4. All improvements shall be maintained by the Applicant. 5. The Applicant shall incorporate all Best Management Practices outlined in Perry Will's CPW letter dated December 31, 2015 6. Except as otherwise modified by this develop oirn7, all material representations made by the Applicant in this application and in public me vin» adhered to and considered conditions of approval. . Commissioner McQueeney seconded the motion. hey to"0 declared unanimous. Commissioner Ryan moved to approve file number PDSP-5266 VIA PUD incorporating staff's findings and conditions because the proposed uses meets all the standards for approval of a PUD. The proposed uses will not adversely affect the public health, safety, and welfare; the proposed uses are attuned with the immediate adjacent and nearby neighborhood properties; and the proposed uses are in compliance with the Eagle County Land Use Regulations and the Comprehensive Plan. McQueeney seconded the motion. The vote was declared unanimous. 13 05/12/2015 Commissioner McQueeney moved to approve File No(s). 1041-5267/VIA PUD/VIA PUD, incorporating staffs findings and staff's recommended conditions,because the proposed uses meets all of the standards for approval of a 1041. Suggested Conditions: 1. Applicant shall provide documentation that the project has been completed as proposed 2. Applicant shall include `smart' irrigation controls certified by EPA's WaterSense program, an irrigation audit completed by an EPA WaterSense—certified professional,and include soil amendments which include a minimum 10%organic soil content for the top 4"of soil to reduce irrigation needs for the project. 3. Except otherwise modified by this permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval Commissioner Ryan seconded the motion. The vote was declared SPAtt There being no further business bi c r 7. the meeting as adjourned until May 19 2015. av * * Attest: 7 41.-E- 1 l v-v o co CaRop , LI�J���/ -4II' Clerk to Board Chairmaj • �jy: 1�wI1 U i 14 05/12/2015