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HomeMy WebLinkAboutMinutes 06/01/2021 PUBLIC HEARING June 1, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Chandler-Henry 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 Chandler-Henry gave a shout out to all the folks involved with the Memorial Day celebration yesterday. She thanked the Cub Scouts,Boy Scouts, Girl Scouts, and Brownies who helped place the flags on the graves of veterans in the county. She also gave a shout out to all the veterans and emergency responders who served the county so well. Commissioner McQueeney gave a shout out to all the graduates. There were so many graduation ceremonies this past week. She reminded everyone that school was ending on Thursday and to be aware and careful as we moved into summer. There were children out and about and they didn't always pay attention to traffic. Chairman Scherr mentioned that Friday was Gun Violence Awareness Day. Gun violence was a peculiar American phenomenon. It happened in the US in ways it did not happen in any other part of the world. He believed it was not a mental health issue, and the only way to solve the problem was going to be policy. County Manager Updates Jeff Shroll thanked the community for the wonderful graduation ceremonies. It was nice to see the community get together. Consent Agenda 1.Agreement Between Eagle Valley Temps and Eagle County for Staffing Support Hollis Dempsey,Human Resources 2. Agreement between Eagle County and Mountain Valley Development Services, Inc. for Early Childhood Coaching Sam Markovitz, Human Services 1 06/01/2021 3.Approval of the Minutes for the Board of County Commissioner Meetings for January 4,January 12,January 19, and January 26,2021 Kathy Scriver, Clerk&Recorder's Office Commissioner Chandler-Henry moved to approve the Consent Agenda for June 1,2021, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Scherr opened constituent input. Cathy Vaughan-Grabowski, Edwards resident, spoke. She was part of the local Vail Valley Moms Demand Action Group. The group had an event"Wear Orange"the color representing the victims of gun violence. This pandemic was unique to the United States. There was a lot being done by advocacy groups as well as state legislatures who passed several bills recently. Gun violence continued everyday, and it was time to recognize it and to get people involved. This was not against the Second Amendment. It was about responsible and safe firearms purchases and use. Chairman Scherr closed constituent input. Business Items 1. Eagle Valley Wildland Team Intergovernmental Agreement Birch Barron on behalf of Eric Lovgren, Eagle County Emergency Management Executive Summary: The Eagle Valley Wildland Team is a collaboration between Eagle River Fire Protection District, Greater Eagle Fire Protection District, and Eagle County. This joint wildland program aims to reduce the overall wildfire risk of the communities it serves through effective mitigation, appropriately-scaled wildfire suppression, and collaborative community outreach and education. Since 2020, Greater Eagle Fire and Eagle River Fire have jointly dedicated approximately$1.37M to this program, and this team is requesting a contribution of$184,740 from Eagle County to expand this program in 2021. This funding will allow the fire districts to hire two additional crew bosses who will focus on wildfire mitigation initiatives. This intergovernmental agreement outlines the roles and financial commitment of each of the three Eagle Valley Wildland Team partner organizations. Eric Lovgren, Eagle County Wildfire Mitigation Coordinator,introduced Chief Karl Bauer with Eagle River Fire and Chief Doug Cupp with Greater EagleFire. Chief Bauer with Greater Eagle Fire Protection District expressed thanks and his excitement for the level of county support in the foundation of Eagle Valley Wildland. This was a new program and he believed it was a start of a program that in a material way had resulted in reducing the risk of wildland fire. Chief Cupp with the Greater Eagle Fire Department added his thanks to Chief Bauer for his leadership and vision. The program tied mitigation,community risk reduction, and preparedness. He believed it was important to tie all the pieces together and to be a leader to the county,the state, and nation. Mr. Lovgren believed this was a good thing for Eagle County and for all of its residents. The agreement brought on a couple highly trained firefighters who would also be working the mitigation arena. The agreement also adds a full time employee here at the county to work on fire mitigation. 2 06/01/2021 Commissioner McQueeney moved to approve the Eagle Valley Wildland Team Intergovernmental Agreement. Commissioner Chander-Henry seconded the motion. The vote was unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Housing and Development Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 1. Intergovernmental Agreement between Eagle County Housing and Development Authority and the Town of Minturn for Housing Services through The Valley Home Store Kim Bell Williams,Housing Executive Summary: The town of Minturn is partnering with the Eagle County Housing and Development Authority through The Valley Home Store to provide housing services in response to the town's Ordinance No.7, Series 2020,that identifies new deed restricted housing units coming to market, and the town's request for management, compliance and resale of said units. This agreement details the partnership for housing services and collaboration between the town and housing authority, and is Town of Minturn's Resolution 14-2021. Ms. Bell Williams stated that staff had been working with the Town of Minturn since 2018. The IGA would provide referral services on planning files, sale and resale services for future inventory, resource services, compliance, and lotteries through The Valley Home Store. Commissioner Chandler-Henry asked about the compensation. Ms. Bell Williams stated that they charged an hourly rate of no more than $2000 or$60 dollars an hour for certain services. When the Valley Home Store lists and resales, they would charge a 2%fee. Commissioner Chandler-Henry asked Ms. Bell Willams to list all the towns they provide these services for. Ms. Bell-Williams stated that the ECHDA currently had an IGA to provide housing services through the Valley Home Store with the Town of Vail,Town of Avon, Town of Eagle, and work with the Eagle Ranch Housing Corporation. Scot Hunn,Minturn Planner,thanked staff for their work to ensure that the process was administered Commissioner Chandler-Henry moved to approve the Intergovernmental Agreement between Eagle County Housing and Development Authority and the Town of Minturn for Housing Services through The Valley Home Store. Commissioner McQueeney seconded the motion. The vote was unanimous. 2. Agreement for Professional Services between Lake Creek Village LLC and Colliers International Daniel Murray,Housing Executive Summary: Lake Creek Village LLC is exploring a sale or new partnership in order to generate capital for future housing investment within Eagle County. After an RFP process, LCV LLC is looking to work with Colliers International on marketing and sales opportunities with outside partners. While the exact nature of the new partnership is unknown at this time, LCV LLC desires to gain capital while ensuring LCV LLC remains 3 06/01/2021 affordable at a maximum of 75%AMI rents. The goal is to preserve and increase affordable housing in Eagle County. Mr. Murray stated that the rents were around 70%of AMI and there was a waitlist at all of the units. Commissioner McQueeney asked if the residents had been reassured that their rents would not go through the roof Ms. Bell Williams stated that they had been sharing information with the tenants. Commissitmer Chandler-Henry believed it was important to think about this in terms of providing more housing for the workforce. This was not a way to gain money for the housing fund. Commissioner McQueeney moved to approve the agreement for professional Services between Lake Creek Village LLC and Colliers International. 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. Work Session - Eagle County Room 1. Eagle County Watershed Tool Planning Files - Eagle County Room 1. LR-9147-2021 -Freedom Park Recycling Center Ben Gerdes, Engineering Department Executive Summary: The proposal, submitted by Eagle County, is to create a recycling center in Edwards, CO for improved sustainability, efficiency, and security. The proposal includes a fenced area, security infrastructure, one cardboard compactor, one container for commingled containers, one for paper products, and one for compost. Mr. Gerdes reviewed the proposal. The proposal was to relocate the Edwards Recycling Center to Freedom Park which provided a more convenient, accessible, and secure location. Mr. Gerdes provided a review of the application process. Jessie Masten, Eagle County Solid Waste Manager, explained the criteria and reason for the relocation. Staff evaluated four sites: CDOT Rest Area, Freedom Park, Battle Mountain High School Parking Lot, and Eagle River Water and Sanitation District Property West of Edwards. Signs were posted at the location soliciting feedback and staff received 17 comments, 2 in favor and 15 expressed disapproval. Concerns with regards to children around the facility and increased traffic were expressed. Fencing would be installed to enclose the area for safety. The traffic concerns could not be addressed. Mr. Gerdes reviewed the standards of approval and indicated that the proposal was consistent with the PUD Guide, Preliminary Plan, Master Circulation Plan, and Master Drainage Plan. The Planning Commission heard the file on May 5, 2021 and recommended approval by vote of 6-1. Issues raised included impact on emergency egress from Fieldhouse, maintenance, drainage, and room for cars dropping off recycling. Issues raised through public comment during Planning Commission review included; broken glass, increase in birds and rodents, degrade the beauty of the park,noise, smell, bears, increased traffic, and preference for the current location. Staff believed these issues could be monitored and addressed through Eagle County Solid Waste Management. Staff received one 4 06/01/2021 public comment in response to the referral and then between the Planning Commission and BoCC hearings he received seven additional comments,one in support and six opposed to this location. With regards to broken glass, trash and the other concerns,these could be managed through Mr. Masten's staff and security cameras. Commissioner Chandler-Henry asked Mr. Gerdes to review the use-by-right and the requirements and how staff came to the decision that this was an allowed use-by-right. Mr. Gerdes stated that the permitted uses were public and quasi-public facilities compatible with or other existing proposed uses; another use was utility facilities. Staff felt that this facility touched on both those allowed uses. Commissioner Chandler-Henry asked what the primary designation for Tract C was. Mr. Gerdes stated that its primary designation was recreation but allowed for these sorts of uses. Chairman Scherr asked if there was any additional paving required and if the use would interfere with the emergency access and/or ability to serve. • Mr. Gerdes stated that there was 30 ft. between the fire hydrant and the corner of the recycling footprint. Chairman Scherr asked if it was possible to expand the pavement. Mr. Gerdes stated that a couple of parking spaces could be pulled out if they were impacting circulation and pavement could be added for better operations if needed, but currently neither were needed. Commissioner Chandler-Henry believed that most of the concerns had been addressed in the management plan. She wondered if it would be possible to issue an annual report or/and a six month report for the first year just to insure that if there were problems they could be addressed quickly. Mr. Masten believed it was feasible to put together an operational report, completing a report the first six months and annually thereafter. Commissioner Chandler-Henry asked if they received any feedback from the Animal Services Advisory Committee. Mr. Masten did not recall any negative feedback. Mr. Gerdes asked Mr. Masten if any of the issues raised for this location had been a problem at the other recycle locations. Mr. Masten stated that there had not been any concerns brought to his attention in regards to traffic volumes,bears, or rodents. The one problem they have had was the cardboard compactor malfunction on occasion. If there were any issues, the issue was dealt with either the day of or the next morning. Chairman Scherr asked if the Berry Creek Design Review had any concerns. Mr. Masten stated that they had an issue with chain linked fencing so synthetic wood fencing would be used instead. Chairman Scherr opened public comment. Joanna Kerwin spoke. She expressed concern for the timing and believed that there would have been more public input had there been better notification. The notification sign was placed in a location that was not fully visible. She believed it appeared that the application was being rushed through the process. She preferred the recycling center to stay where it was. Commissioner Chandler-Henry asked the legal team if it would be possible to add a condition that addressed the six month reporting. Beth Oliver,Deputy Eagle County Attorney stated that a condition could be created. She preferred that dates be included in the report such as,January 1st and July 1st. Solid Waste and Recycling would submit to the Community Development Department a written report documenting operations. Possibly for the first two years following approval,reports every six months and then commencing with a third year, on request. Chairman Scherr closed public comment. Josh Miller, Eagle County Project Manager, stated that he posted the notification sign and this was the first he'd heard any comments regarding its placement. He did not believe it was hidden from public view. 5 06/01/2021 Commissioner McQueeney appreciated the public weighing in on the application. She believed that the public had been properly notified due to the number of letters that had come in during the past couple of weeks. There had been a number of changes made based on the public input, and the application met the standards. Commissioner Chandler-Henry stated that the application met the standards, and she believed this was a much better location. She was comfortable with the file with the proposed condition. Chairman Scherr stated that he believed the application met the standards, and he was prepared to make a motion. Mr. Gerdes presented a picture of the signage posted on the property. Commissioner McQueeney moved to approve file no. LR-009147-2021, Freedom Park Recycling Center incorporating staff's findings, because this application meets the standards for approval of a site specific plan review under the PUD Guide to include the condition for reporting as discussed. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. PDF-9126-2020,Frost Creek Filing No.5,Hunters View Phase 2 Tez Hawkins,Planning Executive Summary: The application is for Final Plat for Phase 2 of the Hunters View Subdivision in the Frost Creek Planned Unit Development.The Planned Unit Development land use file number is PDA-1-18-7394 and was approved under Eagle County resolution number 2019-071. The Final Plat allows for development of 29 single family lots. 3. Subdivision and Off-Site Improvements Agreement for Frost Creek PUD Filing No. 5 Rickie Davies,Engineering and Tez Hawkins,Planning Executive Summary: The Final Plat for Frost Creek PUD Filing No 5 is scheduled for Board approval on June 1, 2021. In conjunction with the approval of the Final Plat, the developer is required to enter into this Subdivision and Off-Site Improvements Agreement to govern the construction of and collateralization of public improvements for the PUD. The developer has provided the required collateral for the public improvements in the form of a letter of credit in the amount of$320,241.77. Mr. Hawkins,Eagle County Staff Planner,presented the application and review of the file. This was the second phase of the Final Plat. The development consisted of 29 single family lots, four open space lots, and three dedicated to access and utilities. The total development area was 47.385 acres. Notice was provided in the newspaper,mailed notices, and a notice posed on the property. No comment was received. The application was distributed to 13 total referral agencies and one agency submitted a response; Eagle County School District agreed with the appraisal for the development and school land dedication fee-in-lieu amount. Mr. Davies explained the issues with the driveways, emergency access, and easement overlap. It was determined that the Onsite Wastewater Treatment System(OWTS) easement would take precedence over the other utility and drainage easements. The Final Design of all septic tanks would meet required setbacks at the time of a building permit. He reviewed the remaining standards and indicated that the proposal met the standards. Mr. Hawkins concurred that all the standards had been met. Dominic Mauriello, Mauriello Planning Group, thanked staff for their work on the application and stated that he had nothing to add. Chairman Scherr opened public comment. 6 06/01/2021 Kris Whittaker, 105 Eaton Lane resident, spoke. She expressed concern for her road that was being used to access the Frost Creek Development. She owned most of the road and it was being used for construction, it was bumper to bumper hauling trucks last week. It was her understanding that the road would be used for emergency access only. She also asked about the berm and there was supposed to be landscaping on it at one time. The irrigation was never working properly. She would like to work these problems out. Brian Beckett, Moser Lane resident, spoke. He believed their road was being used for construction trucks and they were damaging the road. The construction trucks were driving too fast and he expressed concern for the kids and animals on the road. They had no idea that their road was being used to access the Frost Creek Development. The situation was becoming dangerous. He also expressed concerns for the berm and lack of landscaping on it to break up some of the view that they had of some of the houses. The neighbors had not received notice of this meeting. Mr. Hawkins stated that Mr. Beckett should have received a notice. Chairman Scherr noted that Commissioner McQueeney had to leave the hearing early. Mr. Mauriello apologized for tho traffic that was coming in. He was unaware that they were using the back gate. Mauriello Planning Group also managed the design review aspects and he was just texting the developer. They could easily close the gate off onto the emergency access on Eaton Lane and notify everyone that the road was not to be used. In terms of the berm,there was a landscaping plan that had been approved, so there were plans to add landscaping and irrigation to the berm. Commissioner Chandler-Henry asked if the landscaping was part of an earlier approval. Mr. Mauriello stated that the berm was approved by the design review board and was not included in the Site Improvement Agreement today. The HOA was very much aware of it. Commissioner Chandler-Henry wondered if it would be appropriate to add a condition or requirement to close off the road. Holly Strablizky, Assistant Eagle County Attorney, stated that she was not sure it was appropriate to put conditions on a Final Plat. She believed it would be more appropriate to have the access tied to the PUD Guide. The road was an emergency access and most likely part of the PUD approval. Mr. Mauriello was stating that the road would not be used for construction in the public hearing and the board can rely on him as a representative for the applicant to make sure that this does happen. Since there was a complaint, she would go back to see how the approval of the Preliminary PUD Plan provided information regarding the road access. Commissioner Chandler-Henry believed there were a couple of assurances for the public, one from Mr. Mauriello, who represented the applicant and another from the county to review the terms of the original PUD. Ms. Strablizky would work with Planning and Engineering and get back to these folks. Chairman Scherr closed public comment. Chandler-Henry appreciated the neighbors showing up and bringing this to the attention of the board. Her assumption was that Frost Creek wanted to be a good neighbor and would address the issues. She concurred with the staffs findings that the standards had been met. She was inclined to vote yes on the file. Chairman Scherr agreended that the standards had been met for the file. 7 06/01/2021 Commissioner Chandler-Henry moved to approve the proposed Frost Creek Filings No.5., Hunters Phase 2 Final Plat, Eagle County File No. PDF-9126-2020 and the accompanying Subdivision and Off-Site Improvements Agreement for Frost Creek PUD Filing No. 5 and Construction Plans for the Subdivision dated May 21, 2021 authorizing the chair to sign the documents. Chairman Scherr seconded the motion. Of the two voting commissions the vote was declared unanimous. There being no further busi s the Board,the meeting was adjourned until June 15,2021. `� (0,41610 O Attes i o` e k to the Board Chairman • 06/01/2021