HomeMy WebLinkAboutMinutes 12/15/20 PUBLIC HEARING
December 15, 2020
Present: Kathy Chandler-Henry Chairman
Matt Scherr Commissioner
Jeanne McQueeney Commissioner
Jeff Shroll County Manager
Beth Oliver Deputy 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 Scherr reminded people about Colorado Gives Day and there was still time to give to those
in need.
Commissioner McQueeney recognized ECO Transit for being awarded by the Colorado Association of
Transit Agencies as the Resort Agency of the Year for 2020 due to their response and cooperation with Public
Health during the COVID response. She also recognized the Road and Bridge Department for the work that they
did to keep the roads safe in Edwards.
Chairman Chandler-Henry spoke about the Vail Valley Mountain Trail Alliance. They were recruiting
volunteers for trail ambassadors. Volunteers providing five hours of their time would be able to camp for free at
one of the huts on Tennessee Pass.
County Manager Updates
Jeff Shroll had nothing to share.
COVID-19 Update
Birch Barron shared some positive news. The top tier people should be receiving vaccines in a week or so.
The goal was to get the vaccine to the general public and slow the spread of the disease as quickly as possible. The
disease spread still remained high however the case levels across the state were leveling off. Over the previous
week,the county had peaked. He believed we still had a way to go with people coming into the community and the
holidays approaching.
Consent Agenda
1.CDHS Certification of Compliance-Year 2021 County Personnel and Merit System
Rita Woods,Human Services
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2. Second Amendment for Agreement with All Star Media Services,Extending Agreement for Airport Displays
for Additional Year
David Reid,Airport
3.Agreement Between Early Head Start and The Family Learning Center for Child Care Services
Kendra Kleinschmidt,Human Services
4.Final Payment for the Brush Creek Valley Ranch Open Space Bridge and Trailhead Project
Kevin Sharkey,ECO Trails
5.Contract to Accept Victims of Crime Act(VOCA) Grant for Services to Crime Victims
Deena Ezzell, Sheriff's Office
Commissioner Scherr moved to approve the Consent Agenda for December 15,2020,as presented.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Constituent Input
Chairman Chandler-Henry opened and closed constituent input,as there was none.
Business Items
1.Resolution 2020-097 Approving a Grant Program for Eagle County Small Businesses Impacted by the
COVID-19 Pandemic
Rhea Silverkorn,Administration
Executive Summary:The Board plans to approve a resolution creating a grant program for Eagle County small
businesses impacted by the COVID-19 pandemic.
Jeff Shroll spoke about the economic recovery program that would put$3 million dollars back into the
community out of the county's reserve fund, primarily for economic recovery. There was a great team of people
who had worked on this. He spoke about the difficult sacrifices that local businesses had to make due to
COVID-19. He believed this was a great opportunity to partner with community partners and help everyone get
through the next 30 to 90 days. He thanked the commissioners for their work on the process.The goal was to get
the grant applications out tomorrow and to get the funds to those in need as quickly as possible.
Commissioner McQueeney believed the process was clear and concise. She was happy to get this
opportunity out and help businesses continue until there was a better solution to get through this.
Commissioner Chandler-Henry believed it was an amazing effort by the team that put this together. She
explained that the county had been very steadfast about having a large reserve fund and saving money. This
money was what was being used to fund the program. It was taxpayers dollars and was going back out to the
small businesses in the community to keep things up and running. All of the towns were also contributing as they
could to help their small businesses.
Commissioner Scherr moved to approve a Grant Program for Eagle County Small Businesses Impacted
by the COVID-19 Pandemic.
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Commissioner McQueeney seconded the motion. The vote was declared unanimous.
2.Resolution 2020-098 to Certify Eagle County Government's 2021 Mill Levy
Jill Klosterman,Finance
Executive Summary:The resolution adopts Eagle County Government's 2021 Mill Levies.
Ms. Klosterman stated that her office spent a fair amount of time working on the mill levy and there had
been no requests for change.
Commissioner McQueeney moved to approve the Resolution to Certify Eagle County Government's
2021 Mill Levies.
Commissioner Scherr seconded the motion, The vote was declared unanimous.
3.Resolution 2020-099 Adopting the 2021 Budget
Jill Klosterman,Finance
Executive Summary: Public meeting for the 2021 budget presentation is scheduled for December 8th,2020.
Public notice will be completed for the adoption of the 2021 budget on December 10th,2020 and the
appropriation will be made in the December 15th,2020 public meeting.
Commissioner Scherr moved to approve the Resolution Adopting the 2021 Budget.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
4.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.
Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and
reconvene as the Eagle County Housing and Development Authority.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Eagle County Housing and Development Authority
1.Fifth Amendment to the Agreement Between Eagle County Housing and Development Authority and the Town
of Vail for Housing Services
Kim Bell Williams,Housing
Executive Summary:The Eagle County Housing and Development Authority partners with the Town of Vail to
provide housing services for the resale of deed restricted properties through The Valley Home Store.This fifth
iteration of partnership continues to list deed restricted homes in the town of Vail through The Valley Home Store,
as well as providing home buyer education,collaborative information sharing and best practices.
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Commissioner Scherr moved to approve the Fifth Amendment to the Agreement between Eagle County
Housing and Development Authority and the Town of Vail for Housing Services.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
2.Approval of the 2021 Eagle County Housing and Development Authority Budget
Jill Klosterman,Finance
Executive Summary:Approval of the 2021 ECHDA budget.
Commissioner McQueeney moved to approve the 2021 Eagle County Housing and Development
Authority Budget.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Commissioner Scherr moved to adjourn as the Eagle County Housing and Development Authority and
reconvene as the Eagle County Housing Air Terminal Corporation.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Eagle County Air Terminal Corporation
1.Approval of the 2021 Eagle County Air Terminal Corporation Budget
Jill Klosterman,Finance
Executive Summary:Approval of the 2021 ECAT budget.
Ms. Klosterman stated that there were no changes since last week.
Commissioner McQueeney moved to approve the 2021 Eagle County Air Terminal Corporation Budget.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Commissioner Scherr moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as
the Eagle County Eagle County Liquor Licensing Authority.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Eagle County Liquor Licensing Authority
1.Application to Transfer Ownership of a Retail Liquor Store License-OnePutt Liquors,LLC DBA El Jebel
Liquors
Kathy Scriver,Clerk&Recorder's Office
Executive Summary:Application to transfer ownership of an existing Retail Liquor Store license in El Jebel.
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The applicant, One Putt Liquors, LLC submitted an application to transfer ownership of a Retail Liquor
Store license October 1, 2020. Gloria Deschamp has held the licenses since December 1988. The applicant is
currently operating with a Temporary Permit which allows them to operate during the period in which the
application to transfer ownership of the license is pending.
Ms. Scriver indicated that the applicant has met all the necessary requirements for a transfer of ownership
and all staff findings are positive.
Commissioner McQueeney moved that the Local Liquor Licensing Authority approve the Transfer of the
Retail Liquor Store license from Gloria Deschamp to OnePutt Liquors,LLC d/b/a El Jebel Liquors.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
2.Application to Transfer Ownership of a Licensed Drugstore License-BSIG Rx,LLC DBA Vail Valley
Pharmacy
Kathy Scriver,Clerk&Recorder's Office
Executive Summary:Application to transfer ownership of an existing Licensed-Drugstore license in Edwards.
The applicant, BSIG Rx, LLC submitted an application to transfer ownership of a Liquor Licensed
Drugstore license September 18, 2020. Vail Valley Pharmacy, LLC has held the licenses since December 2012.
The applicant is currently operating with a Temporary Permit which allows them to operate during the period in
which the application to transfer ownership of the license is pending.
Ms. Scriver indicated that the applicant has met all the necessary requirements for a transfer of ownership
and all staff findings are positive.
Commissioner Scherr moved that the Local Liquor Licensing Authority approve the Transfer of the Retail
Liquor Store license from Vail Valley Pharmacy,LLC to BSIG Rx,LLC d/b/a Vail Valley Pharmacy,LLC.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
Commissioner McQueeney moved to adjourn as the Eagle County Liquor Licensing Authority and
reconvene as the Eagle County Board of County Commissioners.
Commissioner Scherr seconded the motion. The vote was declared unanimous.
Work Session - Eagle County Room
1.Quarterly interest and Public Trustee reports
Teak Simonton and Anissa Berge,Treasurer and Public Trustee
Executive Summary: Third quarter 2020 interest earned and Public Trustee activity reports
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Planning File - Eagle County Room
1.Edwards RiverPark-Combined Sketch/Preliminary Plan,Zone Change,and 1041 Permit-
PDSP-9050/ZC-9029/1041-9030
Morgan Landers,Planning
Executive Summary: Second hearing for an application for a Consolidated Sketch/Preliminary Plan for a
mixed-use PUD,to include approximately 540 residential units(100 of which are currently proposed as deed
restricted workforce housing)and 56,500 square feet of commercial uses.This application includes single-family
and multi-family residential,deed restricted workforce housing,hotel, conference and retail uses,active and passive
recreation,and open space areas.Also included is a Zone Change application to rezone the Subject Parcel from
Resource to PUD and a 1041 permit application for the extension of water and sewer services. The application is
subject to change throughout the review process.
Chairman Chandler-Henry provided some opening comments.Last week the board heard from the
applicant,a portion of the staff report was reviewed,and some public comment was heard. This week the board
would be hearing a presentation from the staff. The next meeting was scheduled for January 19th and at that time
the board would hear public comment via Zoom. She reminded everyone that comments made on Facebook would
not be recognized or become part of the public record.
Morgan Landers,Eagle County Planning Manager, stated that there would be additional hearings moving
forward and staff would continue to collect public comment. Staff had about two hours of content planned for this
hearing.County engineering staff and housing staff were available for additional comments during questions and
answers. There were also members of the applicants team available to answer questions. At the end of this hearing,
there would be a tabling of the file until January 19,2021. She provided a recap of what was covered on December
8th. There were 24 standards for approval for the various applications for the combined sketch preliminary plan for
PUD,the zone change,and for the 1041. Three of those standards were covered at the last meeting,and staff would
be picking up where they left off today on the remaining standards.
Nicole Mosby, Staff Engineer,reviewed the standard for adequate facilities. The applicant must
demonstrate that the development would be provided adequate facilities. The project was within the service district
boundaries for all the required services and the application was referred to those providers. For water supply and
sewage disposal standards,the PUD proposed to be served with water by the Upper Eagle Water Authority and
sewer by the Eagle River Water and Sanitation District. Condition 40 required that an"Availability to Serve Letter"
be provided prior to recording of the first final plat for the PUD. The primary access was proposed to be developed
into a two lane roundabout at the Lake Creek Road intersection. Additionally,the applicant was proposing to widen
Highway 6 to four lanes on the east side of the roundabout. The second access point was proposed to be a right turn
in and right turn out intersection at the existing access on the west end of the property. She reviewed the adequacy
of the roadway capacity and reviewed the"Level of Service"(LOS)at the Intersection of Lake Creek Road. Staff
worked with the applicant and proposed a condition requiring the developer to provide a traffic study prior to or
concurrent with submission of each development application for all new development within the PUD that
contained 20 or more residential units or 5,000 sq. ft.or more of commercial floor area. Staff believed the proposal
met the adequate facilities standard with the proposed conditions 37&40. Staff also believed the proposal met the
improvements standard with the proposed variations and conditions 21,22,24,25,41,&42. She reviewed the
Roadway Standard Variations requested. Staff recommended Condition 41 to address adequate snow storage. She
demonstrated the pedestrian circulation and believed the application had met those standards as well. She reviewed
the drainage infrastructure and stormwater infrastructure.
Ms.Landers reviewed the proposed uses and stated that four uses were not allowed and the applicant was
requesting variations for those uses. Staffs findings indicated that the proposal met the standards with support of
the variations requests. She reviewed the conditions relating to the setbacks: Conditions 27,28,and 35. She
indicated that the conditions had been satisfied. She reviewed the internal setbacks and architectural requirements
for transition between buildings. Building heights in the LUS were 35 ft. for residential uses and 40 ft. for all other
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uses. The applicant was proposing 35 ft. and 85 ft.The basis for granting variations must meet one of six purposes.
In addition,the standard must address adequate distance for fire and emergency services,proper ventilation, light,
air,and snowmelt.
Ms.Mosby reviewed the proposed phasing and off-Street parking and loading standards.The developer
requested a variation for the quantity of spaces,tandem spaces,valet parking,and mechanical system. Staff
recommended a Condition 29,recommending prior to the first building permit application a parking plan must be
reviewed and approved by the Eagle County Engineering Department.
Ms.Landers reviewed the standard related to natural resource protection. The geologic hazards,wildlife
protection,and water resource protection/wetlands had been mitigated and addressed adequately. Wildlife
protections were evaluated and addressed mitigation measures. She identified the deer and elk migration patterns
through the development. The safe passages plan included improvement of existing structures for wildlife, limited
development along the river,removal of barbed wire fencing,creation of pathways through the rocky riparian banks
along the river, implementation of traffic calming measures,and investigating opportunities to construct new
wildlife crossing structures across Highway 6. Mitigation measures included seasonal closures,removable
structures,berming,and emergency closures for wildlife crossings. The applicant agreed to seasonal closure of the
amphitheater and dock construction closures,removal of barbed wire along property boundaries, illumination
standard for zero light trespass, amplified sound restrictions,and conservation easement in Planning Area-9 and
Planning Area-7. The seasonal Event Center was limited to a maximum floor area of 4,500 square feet in Planning
Area-7. Condition 32 addressed the construction of wildlife friendly fencing along the perimeter of the Eagle River
Preserve. Condition 9 limited amplified sound in the common areas,patios,pools,hot tubs,and rooftop desks.
Aquatic and terrestrial dependent habitat protection was discussed. They discussed the impact to habitat and the
proposed mitigation measures which included: limited access points,wetland buffers,riparian and water quality
management plan,wetland protection and access control plan,annual monitoring and corrective action. A wildlife
enhancement fund was proposed. A 0.2%real estate transfer fee, independent board with input for CPW,on and off
site habitat enhancement,could be used for corrective action.
Maureen Mulcahy,Environmental Policy Planner,reviewed the wetlands buffer and water quality impacts.
A 75 ft.buffer from the high water mark or the 100 year floodplain would be required and, if necessary,additional
width may be required. Adding an adequate buffer was critical to protect wetlands.The applicant had proposed a
Wetlands Protection and Access Control Plan. Staff recommended a physical separation,regulations designed to
trail access points for viewing and seasonal closures,wildlife enhancement fund account,and public education and
outreach including signage. Condition 10 required the applicant to revise a wetland buffer of 50 feet from the edge
of the delineated wetland along Planning Area 2, 8, and 7 and provide a wetland buffer of 15 feet from the edge of
the delineated wetland along Planning Area 6. Condition 18 outlined what the fund could be used towards.
Ms.Landers stated that enforcement would be the responsibility of the Metro District or Master
Association. Conditions 19 and 20 insured those responsibilities. Staff believed that the Natural Resource
Protection standard had been met with the proposed conditions':She reviewed the Common Recreation and Open
Space standards. Landscaping, illumination,and streetscapi g=w4, 4,,r + ,evaluated. There was a condition
requiring that Black Hills Energy review the plans. Off-site Engle Ki: ;Preserve landscaping was being proposed.
Wildlife friendly fencing along the perimeter of the Eagle River,• i;:£r a in the first phase of development with
long-term management and maintenance by the Metro District. Illumination requirements included light trespass,
pole height,dark sky compliant,and urban•design elements. A Master Sign Program was proposed for signage.The
Zone Change application considerations included conformance with the Comprehensive Plan,compatibility with
surrounding uses,and public benefit. The public benefits proposed by the applicant included workforce housing,
protection of wetlands and riparian areas,and construction of the Highway 6 roundabout. There were 42
recommended conditions and 20 had been satisfied.
Commissioner McQueeney asked about the decrease in wetland setbacks and other areas in the county.
Ms.Mulcahy stated that Frost Creek had similar 50 ft. setbacks.
Commissioner McQueeney asked about the usable Open Space area.
Ms.Landers stated that of the 36 acres all was usable except during seasonal closures.
Chairman Chandler-Henry asked about the wildlife mitigation.
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Devon Duval,Colorado Parks and Wildlife, stated that there was always a calculated risk. Oftentimes the
protection efforts don't work. It was important to implement as many mitigation efforts as possible.
Chairman Scherr wondered if the project was scaled down,if it would improve the mitigation measures.
Mr.Duval stated that there would need to be enforcement measures in place. He anticipated that there
would be issues with enforcement. An 85 ft.building height would also affect wildlife differently.
Chairman Chandler-Henry asked about the referral comments by the Eagle River Watershed Council.
Ms.Landers stated that their concerns were mainly related to enforcement of seasonal closures and
common open space usage.
Commissioner McQueeney asked about the underlying zone districts and the hotel/condo compatibility.
Ms.Landers stated that the comprehensive plan stated that lodging use was desirable in the core or Edwards
Center. The proposed condo/hotel required a variance.
Mr.Mauriello stated that the property was designated commercial/residential in the Future Land Use Map
(FLUM). It was not uncommon to see additional uses added.
Chairman Scherr spoke about developments conformance with the Edwards Community Plan and
Comprehensive plan. The language was subjective and he believed there were some grey areas.
Ms.Landers believed that from a staff's perspective they considered the characteristic area and the Future
Land Use designation. The interpretation was subjective, and staff evaluated the other elements that were give and
take.
Mr.Mauriello stated that the Edwards Character Area was commercial and residential. The proposal
offered services,meeting rooms,and a place to stay for visitors.
Commissioner McQueeney believed that the proposal did not maximize workforce housing.
Mr.Mauriello stated that the proposal exceeded the housing requirements. Workforce housing required a
funding source.
Commissioner McQueeny asked to understand more about the Metro District and HOA and how this would
affect the mill levies and affordability. She also expressed concern with the wildlife mitigation.
Commissioner Scherr stated that the way he read the community plan and broad intent of the plan. The
larger commercial area would be more appropriate for the core.
Commissioner McQueeney asked for a deeper understanding about public benefit and sustainability.
Chairman Chandler-Henry requested more information about water for landscaping,water supply,a closer
look at the housing plan,physical impacts,and the balancing for community benefit.
Commissioner Scherr moved to table file Edwards RiverPark-Combined Sketch/Preliminary Plan,Zone
Change,and 1041 Permit-PDSP-9050/ZC-9029/1041-903 until January 19,2021.
Commissioner McQueeney seconded the motion. The vote was unanimous.
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There bein. • �'�rther business -f . . he meeting was adjourned until December 29,2020.
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