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HomeMy WebLinkAboutMinutes 02/16/2021 PUBLIC HEARING February 16, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Chandler-Henry Commissioner Kelley Collier Deputy County Manager Beth Oliver Deputy County Attorney 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 gave a shout out to all the volunteers helping to get vaccines into arms. The clinics had been going really well in large part because of all the volunteers who were contributing their time. The COVID hotline had been a useful tool. Commissioner Chandler-Henry concurred with Commissioner McQueeney's comments and thanked all the staff who had been working diligently to organize the vaccine clinics. She received a great deal of thanks from the community. County Manager Updates Kelley Collier, Chief Operations Officer, spoke about the Five Star certification program. The program would allow businesses to expand their capacity. Today there would be industry training at 3:00 p.m. Anyone interested could reach out to Morgan Hill at Eagle County. The application process would be released prior to getting Five Star certification from the state,but it's expected that the county will hear back from the state by the end of the week. COVID-19 Update Birch Barron, Emergency Operations Director,provided an update on trends and vaccine rates. The new cases had gone down, and he hoped this reflected a positive trend. There had been 10 deaths in the last three months. He was optimistic that as the high risk population received vaccines there would be fewer deaths in Eagle County. The state recently updated the dial, and it looked like the county could be moving into the"yellow" stage as early as tomorrow. This would allow business to increase capacity. On the vaccine front,the vaccine phase was moving into 1B.2. Coloradans ages 65-69,pre K-12 educators,child care workers in licensed child care programs, frontline essential workers, and people 16-64 with two or more high risk conditions would be eligible. He believed it was important to look back on the last year and understand that Eagle County had been able to protect the high risk population in the community and keep the death rates down. 1 02/16/2021 Consent Agenda There was no consent agenda. Constituent Input Chairman Scherr opened and closed constituent input, as there was none. Business Items 1. Agreement between Eagle County Government and COVID Check Colorado (CCC) Rhea Silverkorn,Administration Executive Summary: Vaccine Program Agreement between Eagle County Government and COVID Check Colorado (CCC) for the delivery of a vaccine scheduling, notification,tracking, and reporting software program, plus associated "Bundled Vaccine Services" to include reporting, technical support, in-site support, and ensuring vaccine data is reporting to the State of Colorado via the Colorado Immunization Information System(CIIS). Ms. Collier reviewed the agreement. Currently all the data tracking, scheduling, and notifications had all been done manually. The software would be very helpful. She gave a shout out to Holly Strablizky, Eagle County Assistant County Attorney, for all her work on the agreement. Commissioner McQueeney wondered if the cost of the software was covered by the state. Ms. Collier stated that most of the costs would be covered by the state but potentially there may be some cost to the county. Commissioner Chandler-Henry moved to approve the agreement between Eagle County Government and COVID Check Colorado. Commissioner McQueeney seconded the motion. The vote was unanimous. 2. 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 Scherr stated that there were no items to review or take action on related to COVID-19. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 1. Resolution 2021-011 Authorizing Eagle County Housing and Development Authority to Refinance Riverview Apartments Kim Bell Williams, Housing Executive Summary: Riverview Apartments Preservation LP is working with Gershman Investment Corporation to refinance with the U.S. Department of Housing and Urban Development from a 5.3%interest rate to a 2.24% interest rate and a loan amount at$8,490,100. This will allow a significant savings of revenue monthly at the 2 02/16/2021 property. This resolution authorized Eagle County Housing and Development Authority to execute closing documents for this refinance. Dan Murray presented the resolution. He stated that the resolution would reduce the interest rate and give Kim Bell Williams the authority to sign the loan does. Commissioner Chandler-Henry moved to approve the resolution authorizing Eagle County Housing and Development Authority to refinance Riverview Apartments. Commissioner McQueeney seconded the motion. The vote was unanimous. 2.Addendum to Riverview Apartments Rate Lock Commitment Letter between Eagle County Housing and Development Authority and Gershman Investment Corp. Kim Bell Williams,Housing Executive Summary: The Eagle County Housing and Development Authority is working with Gershman Investment Corporation on a refinance of a loan with HUD for Riverview Apartments. In the initial Rate Lock Commitment Letter, the interest rate was identified as a not to exceed. This addendum identifies the rate specifically as 2.24% since it has been fully secured. Commissioner McQueeney moved to approve the addendum to Riverview apartments rate lock commitment letter between Eagle County Housing and Development Authority and Gershman Investment Corp. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Planning File - Eagle County Room 1. 77 Bellyache Ridge Zone Change-ZC-9113 Steve O'Connor,Planning Executive Summary: DESCRIPTION: The applicant is seeking approval for a Zone Change on property located at 77 Bellyache Ridge Road, Wolcott, from PUD to Commercial Limited. This request is in response to the extinguishment of the Wolcott PUD and will revert the property to the zone prior to the approval of the Wolcott PUD. Steve O'Connor reviewed the meeting process. The application was reviewed by staff back in August of 2020. The application was sent to 22 referral agencies and received no public comment. The Eagle County Planning Commission unanimously recommended approval of the file January, 20, 2021. The zone change was due to the extinguishment of the Wolcott PUD. Beth Oliver,Deputy County Attorney,reviewed the background and the reason for the request of the downzoning. Mr. O'Connor reviewed the standards for approval. He indicated that the request was in conformance with the Comprehensive Plan, compatible with the surrounding uses, met public benefits, change of circumstances, and adequate infrastructure. 3 02/16/2021 Chairman Scherr opened and closed public comments, as there was none. Commissioner McQueeney believed the file was fairly straightforward and believed the standards had been met. Commissioner Chandler-Henry believed the file met the standards but moving forward thought it would be a good idea to review the Wolcott Area Plan. Commissioner McQueeney moved to approve file no. ZC-9113-2020, incorporating staff's findings, as the application meets the standards for approval of a zone change. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Administrative Update - Holy Cross Room 1. Administration Update and BoCC Schedules 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: DESCRIPTION: 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. To date,the Board of County Commissioners (the"Board"),has held four public hearings on the Edwards RiverPark land use applications which include a Combined Sketch/Preliminary Plan for Planned Unit Development (PUD),Zone Change, and 1041 Permit. To date,the Board has received presentations from county staff and the applicant focusing on details of the project and review of the standards of approval for a Combined Sketch/Preliminary Plan for Planned Unit Development(PUD)and Zone Change applications. This memorandum serves as an update to public comment,notification of proposed changes to the project, and an overview of recommended conditions of approval. At the February 16,2021 hearing of the Board,the applicant will present the proposed changes to the project. Additionally, staff will present the 1041 permit standards of approval,review the proposed conditions of approval,and provide an overview of the updated PUD Guide. Public comment is anticipated to occur on February 23, 2021. Updates to the Proposal The applicant is proposing revisions to the applications listed above in response to questions posed by the Board and issues raised by the public. The applicant has provided a one page memo summarizing the changes to the applications,which is attached to this memorandum as Attachment A. 4 02/16/2021 Recommended Conditions of Approval The Eagle County Planning Commission recommended approval of the application with 39 conditions of approval. On October 27,2020,the applicant submitted a revised application addressing the recommended conditions of approval by incorporating requirements into the PUD Guide.Upon review of the revised application, staff proposed three additional conditions for a total of 42 conditions of approval. Staff believes that 21 of the recommended conditions have been addressed satisfactorily and are no longer applicable. Staff requests the remaining 22 conditions remain as proposed to ensure that requirements of the conditions are fully documented in all appropriate areas. Morgan Landers,Eagle County Staff Planner,began her presentation stating that this was the 5th hearing on the file. The hearing next week would be dedicated to public comment. The public comment period opened August 1,2019 and would remain open for those wanting to submit written public comments. Rocky Cortina, applicant, spoke. He stated that they continued to make adjustments over time,but the project needed to be economically viable. There were significant costs associated with road improvements, underground parking, and workforce housing. The applicant heard the board's concerns and shared their goals. The plan was pedestrian and bike friendly and open to the public. Dominic Mauriello,representing the applicant,reviewed some of the concerns raised about the character of the PUD and transient composition. The applicant was willing to eliminate the 100 lock-off units, lower the condo hotel units to 140 (42 unit reduction as hotel units), limit short term rental of free-market units (previously limited to 258). The density remained at 540. The reductions would reduce traffic by 9%. As to the workforce housing tax exemption,the applicant was requesting that 20 years be allowed for the PUD. He reviewed the tax revenue highlights and short term rental fees that would be generated. They estimated$47,250 per year in short term rental fees based on 90 units,renting 150 days per year at a$350 average daily rate. Each one of the buildings would have their own HOA that may allow or limit the short term rentals. There would be a maximum of 90 units. He presented some graphics that demonstrated the view from Lake Creek Road, from Highway 6, and from the rest area on I-70. The view scenarios demonstrated the elevation of the road and building elevation with vegetation and trees planted along Highway 6. Ms. Landers reviewed the recommended conditions of approval. There were 42 conditions of approval, 39 came from the Planning Commission. Of the conditions,21 had been resolved, 21 remained. There were two conditions without resolution, contition#38 and#39. Staff recommended some minor revision to conditions,#22, #23,#24,#24,29,and#37. Nicole Mosby,Eagle County Engineer, detailed the revisions to condition#37. Ms. Landers reviewed condition#39 and stated that staff offered an alternative condition. The PUD Guide revisions made included definitions,housing plan,planning areas, and minor typos. The requested variations included allowable uses(commercial uses, duplex and multi-family), dimensional limitations(all but floor area, lot and impervious coverage),roadway standards, geometric standards for roads,trails (less than 10 feet in some areas),parking(#of spaces, size of spaces,alternative parking systems), floodplain(allowance for amphitheater), and amplified sound(allowance for outdoor concerts). Maureen Mulcay,Eagle County Natural Resources Policy Manager,presented the details of the 1041 application and the 1041 criteria. There were 32 criteria to consider, some were supported with conditions. Commissioner Chandler-Henry had questions about offsite landscaping and the source of water. Mr. Mauriello stated that they were investigating the option of'a—ikett irrigation. The applicant was still working on this. Commissioner Chandler-Henry asked about storm treatment and drainage. Gary Brooks,Alpine Engineering, stated that the concept was to.treat stormwater with surface treatment and some areas they would be using a mechanical system. The concept was based on recommendations that came out of the Denver Urban Drainage manual. Where there was room,they would do surface treatment which included bio-soils and rain gardens before being discharged into sand filled dirt. He expressed comfort with the room,the technology, and availability to create a treatment train for any tainted stormwater. Ms. Mulcahy stated that in addition to the stormwater management plan the applicant would be required to provide a wetlands sensitivity study to better understand the wetlands response to contaminants. There would be 5 02/16/2021 water budgeting language included in the PUD to address water efficiency and supply. She stated that the board would not be required to make a determination on the 1041 at this time. If at the time the board approved the project and 1041,the board would be required to approve a Special Use Waiver. Ms. Landers stated that at this time all of the application materials had been presented. She provided a recap of staff's recommendations,and indicated that staff recommended approval with conditions. The board had the ability to add/remove or revise the proposed conditions. Commissioner Chandler-Henry asked about the 42 units removed from the condo/hotel. She asked where they went as the density was still 540. She asked if they had been added to the market units for sale. Mr. Mauriello stated that the units would no longer be part of the hotel package. They could still exist in any one of the other structures on site or attached to the hotel building. They would just become free market condominium units. Commissioner Chandler-Henry questioned how this would reduce traffic by 9%having those units as occupied units rather than condo/hotel units. Mr. Mauriello stated that the reduced number of trips was due to the elimination of the 100 lock off units. Commissioner McQueeney asked if the units were included as an extension wing of the hotel and were short term rental. Mr. Mauriello stated that it was proposed that up to 90 units outside of the 140 in the hotel could be available for short term rentals. Commissioner McQueeney asked about light pollution. Mr. Mauriello stated that the project met the dark sky requirements. Ms. Landers stated that staff recommended that light trespass was measured as there would be light from the interior of the units. Commissioner McQueeney asked about condition#39. Mr. Mauriello stated that the condition would significantly affect density and translate to the applicant's ability to offer workforce housing and public benefits. Commissioner Chandler-Henry stated that she liked the lower buildings and believed they addressed the conformance of the comprehensive plan. Chairman Scherr believed that overall this was a good project but it was somewhat out of scope with the Edwards Community Plan. He understood staff's position of conformance but in other ways it seemed out of scope and scale. He struggled with the scope of commercial activity,housing product,building height within the community plan. Mr. Maurielo believed that the Planning Commission hadn't struggled with the commercial space. They weren't competing with the core. There were very little retail type uses. The proposal provided a mixed use product which includes workforce housing. Ms. Landers explained the ways that people could attend future meetings and comment during public comment. Commissioner Chandler-Henry moved to table file nos PDSP-9050/ZC-9029 and 1041-9030 to the February 23, 2021 meeting of the Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was unanimous. \.pf EAG,E, y�P "o There being no further bus e. - . 24, :oard,the meeting was adjourned until February 23,2021. o Attest: (J eoR"°o lerk to the Board Chairman 6 02/16/2021