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HomeMy WebLinkAboutMinutes 03/23/2021 PUBLIC HEARING March 23, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Chandler-Henry Commissioner Jeff Shroll 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 passed along an email received from Senator Michael Bennet's office offering Eagle County residents an opportunity to meet with his staff and weigh in on any issues they may have. A regional representative would be available for one-on-one meetings next week. She encouraged folks with issues, suggestions, or ideas to schedule a meeting. Commissioner Chandler-Henry thanked the Fair and Rodeo Advisory Committee. This was a small group of folks in the community who worked with staff on the annual fair and rodeo. This year they were back at it and ready to offer the fair and rodeo to the community from July 21 through the 24th. It was exciting to look forward to the event this summer. She also gave a shout out to Tanya Dahlseid, Kate Tennant, and the Eagle County Facilities crew. Chairman Scherr mentioned that there were two Congressional Representatives for Eagle County. Congressman Neguse for Congressional District 2 was offering a virtual meeting this Thursday evening. County Manager Updates Jeff Shroll stated that the COVID tracker site would be coming down in a couple weeks. Information would be available at Eaglecountycovid.org. He was excited that there would be a vaccine clinic for 1,100 people tomorrow at the fairgrounds. COVID-19 Update Birch Barron provided a weekly update. The county was fighting two things,the disease variance and fatigue. There were some concerning trends. Some trends included more disease spread in 50 year olds and younger children. The disease spread was happening at sporting events and at public gatherings. It was more important after being vaccinated that people continue to wear masks and social distance. Last week the community began vaccinating the Phase 1B.4 population.Very soon,the general public would be able to register to receive vaccines,possibly by mid-April. This was dependent on vaccine availability and on state guidelines. Over 30,000 doses had been delivered in Eagle County. The state announced that they would be updating their dial. Eagle County was far from"green" 1 03/23/2021 which would allow the county to scale back restrictions,but he expected that by late April there would be enough of the population vaccinated and some scaling back may be possible. Consent Agenda 1.Agreement for Professional Services Between Eagle County,Colorado and Eagle Valley Hope Center for School Based Clinicians Kim Goodrich,Public Health and Environment 2. Ratification of FAA Airport Coronavirus Relief Grant Program David Reid,Airport 3. Intergovernmental Agreement Between Eagle County and Town of Gypsum for Cooperative Law Enforcement Services Christina Hooper,Attorney's Office 4. Resolution 2021-019 Approving Two Minor Type B Subdivisions for 185 Elk Track Road Olivia Cook, Community Development 5. February 2021 Payment Report Jill Klosterman, Finance Commissioner Chandler-Henry moved to approve the Consent Agenda for March 23,2021,as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Scherr opened and closed constituent input, as there was none. Business Items I. 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 issues related to COVID to take action on. Work Session - Eagle County Room I. Early Childhood Investments Plan for 2021 Sam Markovitz,Department of Human Services 2 03/23/2021 Executive Summary: Discussion of early childhood investment priorities for 2021 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, Community Development 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. Morgan Landers, Eagle County Planning Manager, provided an overview of the proposal. This was the ninth hearing on the application. The public comment period was closed by the board on March 9th. There were a couple of letters received after the close of public comment which had been emailed to the board. The current proposal included 540 dwelling units, 31,500 square feet of commercial floor area, and 12,000 square feet of meeting room space. Building heights were not in line with condition 39 -Condo Hotel Building 55 ft., Condo Building#1 65 feet,and the Condo Building#2 85 ft. Dominic Mauriello, Mauriello Planning,thanked everyone for their patience throughout the process. The applicant had spent a great amount of time making substantial changes to the plan based on feedback. Commissioner McQueeney asked Mr. Mauriello if the applicant did any public engagement in the community. Mr. Mauriello stated that the applicant did a lot of community outreach by hosting public meetings,mailings, conducting site tours, and meeting with many local agencies. Commissioner McQueeney stated that she recently reviewed comments by the Fire District that expressed concern for access in the event there was a fire. Nicole Mosby,Eagle County Staff Engineer, stated that the applicant's proposal met the standards for access. Chairman Scherr asked about the square footage of the hotel rooms. Mr. Mauriello stated that units were approximately 900 square feet. Commissioner Chandler-Henry asked Mr. Mauriello to explain the parking plan and visions for parking. Mr. Mauriello stated that 99%of the parking would be in a parking structure. There may be parking for other uses,but there would be limited surface parking. The duplex and townhomes would have driveway parking. The valet parking allowed for more efficient parking. Parking systems were also considered as they may be used to reduce the footprint of parking. Commissioner McQueeney asked about the road impacts in terms of adequate facilities and roads. Currently the road,Highway 6, is not functioning properly. Ms.Mosby stated that there were currently some outstanding issues at Lake Creek Road and Highway 6. The proposed improvements would improve the current issues. Staff supports a level of service, and Condition 37 would require further traffic studies as the development proceeded. Ms. Landers stated that Condition 37 allowed staff to recalibrate the assumptions that they made. The forecast of traffic growth on Highway 6 was uncertain. Commissioner McQueeney asked who paid for the study and how often the studies were done. Mr. Mauriello stated that anytime the developer applied for a building permit,a study would be required. Commissioner McQueeney asked where the money would come from to build the roundabout. 3 03/23/2021 Mr. Mauriello believed the PUD was providing a public benefit that the rest of the community did not have to pay for. The road improvements were being funded by the development. The PUD would be paying their own to offset their impact. Ms. Landers explained the staffs perspective and believed the roundabout would bring the intersection to an «A„ Commissioner Chandler-Henry asked Ms. Mosby how the improvements to Highway 6 were prioritized by CDOT. Ms. Mosby stated that the improvements to the road were not prioritized. Commissioner McQueeney stated that she saw the valet service as a burden to some of the residents living there full time and not necessarily an asset. Mr. Mauriello stated that each one of the buildings would provide adequate parking. There would be a parking plan for each building. Kari Schroeder,McDowell Engineering, stated that Highway 6 from Lake Creek Road to Bull Run Road was 3rd on the priority list in 2004. Ms. Mosby indicated that the list may be prioritized differently now. Commissioner McQueeney asked about the public benefit related to childcare and when it may be available. Mr. Mauriello stated that the childcare facility was tied to a certain amount of commercial space or the 300th unit being built in the project, so it would be available mid way through the project when there was enough capacity to utilize it. He also pointed out that it would be a no cost facility and 100%subsidized. Commissioner McQueeney wondered if a larger facility would be precluded in the future. Mr. Mauriello believed there was an opportunity to add more square footage in the future. Commissioner Chandler-Henry asked the cost of an available unit and who might be living there. Mr. Mauriello stated that plans for the development were conceptual and units would be priced out over the next five years. In terms of AMI, this was a number that would increase annually. Ms. Landers showed a slide listing the standards of approval. She stated that if the board were inclined to approve the project,there were a couple next steps,the finalization of the PUD Guide memorializing any further discussions during the public hearing process. The county regulations also require a PUD Agreement,this fills the space between a PUD Guide approval and the first Final Plat. Commissioner McQueeney stated stated that, as presented today,the amphitheater was still in the proposalShe asked that the applicant explain. Mr. Mauriello stated that based on the orientation and measurement,the sound impacts would be mitigated. If the board were more concerned with the impacts over the public benefit,they were happy to go one way or another. Commissioner McQueeney expressed concern for the building height and whether the applicant would be comfortable with lower buildings. Mr. Mauriello spoke about the importance of having a viable plan and believed the small town feel was achievable with the proposed building height. Commissioner McQueeney addressed the housing opportunity for buy down on deed restricted units. She wondered if there was any interest in purchasing units to create more workforce housing. Tori Franks,Eagle County Housing Department, stated that the pricing was pretty far into the future,and they had not had these conversations. Mr. Mauriello stated that there was already a factor built in that even though the prices were higher there was an opportunity to pursue the option. Ms. Landers stated that the land use regulations did not preclude future buy downs and allowed some flexibility. Beth Oliver,Deputy Eagle County Attorney, reminded the board that there were three applications before the board. There should be three separate motions. The board also had the ability at this time to make any changes or add any conditions. Commissioner Chandler-Henry thanked everyone for their work on the application. She was disappointed in some of the public comments, and they were not helpful at times. There were 13 standards to consider, and she concurred with staff that most of the standards had been met except she had trouble with the dimensional height and 4 03/23/2021 the variations. The standard had not been met. The road issue and variance had not been met. Compatibility with surrounding uses had not been met. It was not compatible with the surrounding land uses. She believed the mass and scale of the buildings took away from the small town feel and the rural character and would be more appropriate in the commercial core. The phasing plan had been met. She had concerns with the amount of usable open space for residents in the neighborhoods. She commended the applicant for paying for the outside expert for natural resources and believed that standard had been met. With regards to zone change,the impacts would be significant especially to the surrounding neighborhoods,the traffic, and the pressures on the preserve. She complimented the applicant on the creative housing programs and staff working on deed restricted units. Housing was desperately needed in the county and there were some possibilities,however she had concerns for overall costs of living for the units that were not deed restricted. The roundabout was a public benefit,however the variance for Highway 6 did not provide an equivalent level of service. Commissioner McQueeney believed that if the proposal was submitted as a sketch plan, some of the issues could have been worked out with a lot less concern from the public. She had similar concerns with the dimensional limitations standard and the road standard. The road was already failing. She believed the road situation and variance required was not met. The wildlife situation and riparian zone was complicated with the amphitheater addition. She believed it was a miss in the overall scope and size of some of the buildings. She was disappointed that there were so many standards that could not be approved. Chairman Scherr thanked the applicant team for their public engagement, going above and beyond the housing guidelines for affordable housing, working with building heights and scale,investing in the traffic mitigation, proposting extensive measures to mitigate natural resources, and being responsive to the comments made by the Planning Commission, community, and staff. He appreciated the public for understanding the board's role in judging the project against the development standards and county regulations. As for the standards,he wasn't comfortable with conformance to the comprehensive plan. The large commercial area created a considerable amount of commercial space outside of the core. He believed the public benefits were marginal and didn't meet the level of impacts. Mr. Mauriello believed at this point the applicant had a sense of what the board thought about the project and requested a tabling of the file so the applicant could go back and meet with staff to review some of the standards related to density and uses. He believed there was an opportunity to come back at a future date and address the comments that had been made and figure out a path forward. Ms. Landers stated that if the board were to accept the tabling request, staff would look to the applicants to prepare and allow time for staff to review and prepare for an upcoming hearing date. As of now,no additional public comment could be accepted unless the board allowed additional changes to the project and reopened public comment at a future point in time. Beth Oliver believed the board could accept the tabling and it would be appropriate to re-open public comment. Staff would need time to analyze whatever changes were made. Mr. Mauriello believed that a date in June or a table to a date uncertain and re-notice would be acceptable as well. Ms. Landers believed this would be preferred to allow staff to have conversations about the scope of potential changes. She preferred a date uncertain. Commissioner McQueeney believed that this proposal was substantially different from the sketch plan in terms of workforce housing. At that time there was not a plaza. It felt more family and workforce focused. She was disappointed that they couldn't come to a better conclusion today because she believed this was the place for density. There were some good pieces but the overall vision for the site was community. Commissioner Chandler-Henry concurred with Commissioner McQueeney. She understood the frustration and appreciated all the work that had been done. The two hang ups for her were mass and scale. The"community feel" was a missing piece. Commissioner McQueeney moved to table no. PDSP-9050,ZC-9029 and 1041-9030 Edwards RiverPark- Combined Sketch/Preliminary Plan,Zone Change, and 1041 Permit to a date uncertain Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 5 03/23/2021 There b-'ng no further businermili•,:�� ' .� • :oard,the meeting was adjourned until March 30, 2021. W N Atte •. •w__OFPO .o =_ •L Cle rto the Board Chai an 6 03/23/2021