HomeMy WebLinkAboutMinutes 08/25/20 PUBLIC HEARING
August 25, 2020
Present: Kathy Chandler-Henry Chairman
Matt Scherr Commissioner
Jeanne McQueeney Commissioner
Jeff Shroll County Manager
Holly Strablizky Assistant County Attorney
Kathy Scriver 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:
Commissioner Updates
Commissioner McQueeney expressed excitement about the start of the school year. She recognized the
community efforts and thanked the teachers for stepping up.
Commissioner Scherr stated that he'd be getting his flu shot this year and encouraged everyone to do the
same. It was especially important this year.
Commissioner Chandler-Henry thanked the last fire crews that were heading out and welcomed the
incoming Alaskan team.
County Manager Updates
Jeff Shroll,Eagle County Manager,recognized the folks in the Emergency Operations Center for their hard
work during the COVID-19 pandemic and the Grizzly Creek fire.He encouraged everyone to check their voter
registration ahead of the upcoming election season.
COVID-19 Update
Birch Barron,Director of Emergency Management,provided a COVID-19 update. He stated that all the
information he was providing was on www.emergency.org. The COVID risk level was"Comfortable"keeping
things in"Green"which was important to keep kids in school, for workers, and to allow people to get out in the
community. Continuing to commit to the five commitments was key.The number of new cases was leveling off.
He encouraged people to visit the COVID dashboard which was now available in Spanish.
Mr.Barron provided an update of the Grizzly Creek Rire. He stated that the fire was now at 38%
containment.The risk to life was very low. As of yesterday,I-70 was open,but there was still some risk due to
traffic and rock slides.Air quality continued to be a concern due to all the fires in and out of the state. People
needed to be aware and protect themselves. The team was still a Type 1 response. He showed a map of the flood
and debris flow areas. It was still very dry and there was a high fire risk. The county was currently in Stage Two
fire restrictions. Air quality information could be found on the Eagle County Public Health website.
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Chairman Chandler-Henry stated that Commissioner McQueeney had to leave the meeting to attend another.
Consent Agenda
1. General Election Memorandum of Understanding between Eagle County Clerk and Recorder and the Board of
County Commissioners for the County of Eagle, State of Colorado concerning the November 3,2020 General
Election
Regina O'Brien,Clerk&Recorder's Office
2. State of Colorado Subaward Agreement between the Department of Transportation and Eagle County for
Capital Funding for Replacement Diesel Buses
Jared Barnes,ECO Transit
3. State of Colorado Intergovernmental CDL Testing Agreement to Allow ECO Transit to Continue to Provide
CDL Driving Tests
Tanya Allen,ECO Transit
4. Contract Between Eagle County Public Health and Environment and the Colorado Department of Human
Services Office of Early Childhood for Nurse Home Visiting Program
Danielle Lettice/Shannon Wagner,Public Health
5. Intergovernmental Agreement Between Eagle County and Town of Eagle for Pet Animal Sheltering and Field
Services
Nathan Lehnert,Animal Shelter&Services
6. Resolution 2020-059 Concerning Taxpayer Generated Abatement and Refund of Taxes-Request for
Administrative Denial
Rhea Silverkorn,Administration
Chairman Chandler-Henry stated that item 5 was being pulled from the consent agenda as there was still
work to be done on the agreement.
Commissioner Scherr moved to approve the Consent Agenda, excluding Item 5, for August 25,2020,as
presented.
Commissioner Chander-Henry seconded the motion. Of the two voting Commissioners,the vote was
declared unanimous.
Constituent Input
Chairman Chandler-Henry opened and closed constituent input,as there was none.
Business Items
1. Resolution 2020-060 Declaring a Continuation of the August 20,2020 Disaster/Emergency Declaration
Rhea Silverdorn,Administration
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Executive Summary: On August 10, 2020,a wildfire known as the Grizzly Creek Fire began burning in Garfield
County,Colorado. On August 13,2020,the County Manager of Eagle County,Colorado("County Manager")
declared a local disaster/emergency with respect to the Grizzly Creek Fire(the"August 13 2020 Declaration").
At the time of the August 13,2020 Declaration,the Grizzly Creek Fire had spread into western Eagle County,and
the Coffee Pot Road and Sweetwater areas of Eagle County had been evacuated and Dotsero was on a
pre-evacuation notice. The Grizzly Creek Fire continues to threaten multiple communities in Garfield and Eagle
County,and has the potential to cause serious damage to utility infrastructure,roads,bridges,homes,businesses,
and other public and private facilities in Eagle County. Following the August 13,2020 Declaration,due to
extreme fire conditions in Eagle County, several other wildfires have occurred in Eagle County, including the
Rube Creek Fire,the Murphy Fire and the Camp Hale Fire, all requiring resources and response from Eagle
County fire and emergency crews. The August 13,2020 Declaration was to expire on August 20,2020,and the
County Manager determined that a second declaration of local emergency/disaster was necessary due to the
continued threats from the Grizzly Creek Fire as well as the multiple additional wildfires.Therefore, on August
20,2020,the County Manager declared a second local disaster/emergency(the"August 20,2020 Declaration").
The effect of a declaration of local disaster/emergency is to activate the response and recovery aspect of any and
all applicable local and interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and
assistance under such plans.C.R.S. 24-33.5-709(2). Pursuant to C.R.S.24-33.5-709(1), a local disaster may be
declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed in
excess of seven days except by or with the consent of the governing board of the political subdivision. The
Board,through the attached resolution,desires to continue the August 20,2020 Declaration due to the threat of
the Grizzly Creek Fire and the multiple additional wildfires that have occurred in the County. The Declaration
will stay in effect until revoked.
Commissioner Scherr moved to approve the resolution declaring a continuation of the August 20, 2020
Disaster/Emergency Declarations.
Commissioner Chandler-Henry seconded the motion.Of the two voting Commissioners,the vote was
declared unanimous.
2. Resolution 2020-061 Designating August 2020 as Child Support Services Month
Guadalupe Ontiveros,Human Services
Executive Summary: Resolution Designating August 2020 as Child Support Services Month
Ms.Ontiveros, Integrated Support Services Supervisor,was present. She thanked the board for
supporting the Child Support Team. COVID-l9 had really hurt their numbers due to unemployment. The team
included three members that had about 200 cases each.
Commissioner Scherr moved to approve the resolution designating August 2020 as Child Support
Services Month.
Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was
declared unanimous.
3.Resolution 2020-062 Mental Health Advisory Committee 2020 Appointments
Kim Goodrich,Public Health&Environment
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Executive Summary: Three positions on the Mental Health Advisory Committee expired at the June 2020
meeting.New appointees recommended were Gary Schreiner of Mountain Family Health Centers,Carrie Benway
of Eagle Valley Hope Center and Chris Reider of Mind Springs.All have agreed to serve a three year term if
appointed.
Commissioner Scherr moved to approve the Mental Health Advisory Committee 2020 Appointment
Resolution.
Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was
declared unanimous.
4. Resolution 2020-063 Authorizing Assignment To The Colorado Housing and Finance Authority of a Private
Activity Bond Allocation of Eagle County Pursuant to the Colorado Private Activity Bond Ceiling Allocation Act
Kim Bell Williams,Housing
Executive Summary:The Colorado Private Activity Bond Ceiling Allocation Act allows each county in the state
of Colorado to receive a Private Activity Bond Allocation based on population. In 2020, Eagle County was
awarded$2,912,898 in Private Activity Bond Allocation. Eagle County shall assign their portion of the bonds to
the Colorado Housing and Finance Authority,who will allocate that same portion to any development partners in
Eagle County or the surrounding area.
Commissioner Scherr moved to approve the resolution authorizing assignment to the Colorado Housing
and Finance Authority of a Private Activity Bond Allocation of Eagle County pursuant to the Colorado Private
Activity Bond Ceiling Allocation Act.
Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was
declared unanimous.
5.Assignment of Allocation by County for Multifamily Housing Facility Bonds/Single Family Mortgage
Revenue Bonds to the Colorado Housing and Finance Authority
Kim Bell Williams,Housing
Executive Summary:The Colorado Housing and Finance Authority requests the Assignment of Allocation for
Multifamily Housing Facility/Single Family Mortgage Revenue Bonds,as assigned to Eagle County. In 2020,the
Private Activity Bond allocation from Eagle County is$2,912,898 to be assigned to CHFA.
Commissioner Scherr moved to approve the Assignment of Allocation by County for Multifamily
Housing Facility Bonds/Single Family Mortgage Revenue Bonds to the Colorado Housing and Finance Authority.
Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was
declared unanimous.
6.The Board of County Commissioners will meet as necessary to review and take action on any issues related to
the COVID-19 Local Disaster Emergency.
Chairman Chandler-Henry stated that there was nothing to review or take action on.
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Planning File - El Jebel Building
1. 10 Acre PUD-PDSP-9012 and ZC-9017-Sketch/Preliminary Plan for Planned Unit Development and Zone
Change
Morgan Landers,Planning
DESCRIPTION: Eagle County has received an application for the 10 Acre PUD project in the Basalt Area.The
applicant is proposing five single family lots with accessory dwelling units permitted on four of the lots.The
application is for both a Sketch/Preliminary Plan for Planned Unit Development(PUD)and an application for a
Zone Change from Resource to PUD.This hearing is the second of two hearings on this file,the first hearing was
held on August 4,2020.The public comment attached to this agenda was public comment received prior to the first
hearing.The public comment period for this application has closed.
Morgan Beryl presented the request. She reviewed the process and provided a brief recap. The public
comment for this file closed August 6th. The second hearing would review staff comments and allow the applicant
to respond. Staff received 70 letters in response to the application,both in opposition and in support.
Brian Rose,the property owner and applicant,gave a presentation and provided an overview of the
application. He reviewed the refinements and believed the changes went above and beyond. He spoke about the
compatibility of the proposal. The Town of Basalt asked that he refine the square footage,and he believed the floor
area of 5,000 square feet was compatible with the surrounding area. The lot coverage was also compatible with the
surrounding area. They had restricted the number of buildings and ADUs. Compared to the surrounding area he
believed the proposal was compatible.
Chad Lee,attorney for the applicant, spoke. He felt that he needed to clear the record as to what was
committed to as far as access points. The staff report on pg. 34 was spot on. He stated that it was a private
negotiation between two private landowners and believed the applicant was committed to finding a workable
solution. The project was designed to make future access plausible and they were willing to entertain proposals in
the future.
Chairman Chandler-Henry asked why the applicant was combining the sketch and preliminary plan into
one review process rather than two.
Ms.Beryl explained that the Land Use Regulations allowed for this as this was a more streamlined process.
Doug Pratt,Planner with the Land Studio Inc.,stated that the applicant decided to take the approach based
on the magnitude of a five lot subdivision.
Commissioner McQueeney asked about the standard for short term rentals.
Ms.Beryl stated that the Land Use Regulations identified short term rentals as 14 days and the housing
guidelines use 30 days as their marker. The applicant was proposing a 60-day restriction on the short term rentals.
Commissioner McQueeney asked about the public benefit for the zone change/upzoning which required
there be a public benefit.
Juilie Pranger,Eagle County Engineer,stated that an additional right-of-way dedication to the Town of
Basalt was given. This would provide an additional right-of-way and was public in a sense that Willits Lane was a
public right-of-way dedicated to the town for a public road system.
Ms.Beryl added that the housing component also exceeded the housing requirement for affordable housing.
Chairman Chandler-Henry asked about the density.
Ms.Beryl presented the future land use map(FLUM)and indicated that there was a dense core with more
commercial space and walkability,bikeability,transit use and centralized services. As one moved out from the
core,there was a larger lot type development. This was the guidance that was used. The proposal for the
development was larger than the developments it was adjacent to.
Commissioner McQueeney questioned whether the Town of Basalt controlled the access approval.
Ms.Pranger confirmed that the Town of Basalt had full jurisdiction over the permitting and design of the
access within the public right-of-way.
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Commissioner Scherr believed the proposal met the standards and the zoning in place was defined by a
community process. He appreciated the time and effort by the applicant to respond to public input. He agreed with
staff conclusion the proposal met the standards.
Commissioner McQueeney believed the application met the standards with the large lot residential. She
believed that 60 days was reasonable for short term rentals. She appreciated all the comments from the public,both
written and verbal,and hoped that the public would recognize their role in making this a better project moving
forward. She agreed with staff on the standards and that they had been met.
Chairman Chandler-Henry thanked staff for all their hard work and the public for their comments. She liked
what the applicant had done with the open space in the project. The ADUs would make a community benefit and
address some of the workforce needs,and the 60 days keep it out of the short term rental pool. She thanked the
Roaring Fork Planning Commission for their work. She concurred with staffs recommendations and analysis.
Commissioner McQueeney moved to approve the file PDSP-9012 incorporating staff's findings and
recommended conditions because the application as conditioned meets the standards for approval of a PUD Sketch
Preliminary Plan.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Ms.Beryl read the five(5)conditions into the record.
Condition#1:An approved access permit must be obtained from the Town of Basalt prior to Final Plat recording
for the development.All on and of-site improvements associated with the access permit approval,must be
completed prior to Temporary Certificate of Occupancy or Certificate of Occupancy of any building permit issued
unless alternative sequence is approved in writing by the Town of Basalt.
Condition#2:As of ered by the Applicant,the Final Plat shall include dedication of right-of-way along Willits
Lane sufficient to provide a 30 foot right-of-way from the centerline of the road to the eastern property boundary
for the full length of the Property.
Condition#3:The Final Plat application shall include a revised exhibit of the Easement to Accommodate
Future/Potential Bike Lane which adequately demonstrates the proposed easement is sufficient to accommodate a
re-aligned,conforming access and pedestrian crossing.Page 35 of 36 10 Acre PUD-Sketch/Preliminary Plan and
Zone Change Eagle County Board of County Commissioners August 4,2020 and August 11,2020
Condition#4:The first 30 feet of the access drive,measured from the outer edge of asphalt on Willits Lane,must
be paved.Construction plans submitted with the PUD Final Plat shall include a pavement design signed and
stamped by a Professional Engineer
. Condition#5: Except as otherwise modified by this development permit,all material representations made by the
Applicant in this application and in public meeting shall be adhered to and considered conditions of approval.
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Chairman Chandler-Henry noted that some of the conditions that the Planning Commission considered
were removed because they were incorporated into the PUD Guide.
Commissioner Schen-moved to approve the File No ZC-9017 incorporating staff's findings because the
application meets the standards for approval of a zone change.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
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There bei • .I further busin-`s - U.the meeting was adjourned until September 1,2020.
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