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HomeMy WebLinkAboutMinutes 07/13/2021 PUBLIC HEARING July 13, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Chandler-Henry Commissioner Jill Klosterman Chief Financial Officer 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 Chandler-Henry reminded everyone that the Fair&Rodeo was kicking off today with a fashion review show at 7 p.m. She encouraged people to get their open class exhibits ready and see the livestock auction on Saturday July.24th. The rodeo was every night, Wednesday through Saturday. She also shared some information for farmers struggling with drought. It was just announced that assistance was available to farmers, and information could be found at farmers.gov. And lastly, she just spent several days at the National Association of Counties. She believed it was a good conference and acknowledged all the good work being done by the counties across the nation. She served as the Vice Chair of the Public Lands Steering Committee so most of the work she did had to do with public lands and meetings with the BLM, Forest Service, and other land management groups. They heard from Vice President Harris,Nancy Pelosi,Pete Buttigieg,Mitch McConnell, and Marcia Fudge. She believed they were all so inspirational and non-partisan. The thing she most came away with was a comment made by Vice President Harris that"America was great because people were great". Commissioner McQueeney expressed gratitude for Commissioner Chandler-Henry going to Washington and representing Eagle County so well. She also acknowledged the vast number of comments that they had about housing. The county was brainstorming ideas and processing as much as possible. The county had resources that were going to be deployed. She encouraged people to continue to provide input. Chairman Scherr spoke about the current drought conditions. The county was currently in stage one fire restrictions, and he encouraged people to be careful. He also reminded folks that tonight was an event hosted by YouthPower365 called"Stars Variety Show"at the Ford Amphitheater. County Manager Updates Jill Klosterman followed up on Commissioner McQueeneys comments. They had a list of every idea that the public had sent regarding housing. The housing team was considering all the ideas, and there were a variety of things that needed to be addressed. Secondly, she reminded folks that they could buy tickets for the Eagle County Fair&Rodeo online and volunteers were still needed. The list of positions was available at eaglecounty.us/fairandrodeo/volunteer. 1 07/13/2021 Consent Agenda 1.Fourth Amendment to Intergovernmental Agreement Between Eagle County and the Town of Gypsum for Law Enforcement Services Jessie Porter, Sheriff's Office 2. Approving the GOCO Resilient Communities Grant Agreement for a Trail Conservation Crew Katherine King,Open Space 3.Approval of the Minutes for the Board of County Commissioner Meetings for March 16 and March 23, 2021 Kathy Scriver, Clerk&Recorder's Office Commissioner Chandler-Henry moved to approve the Consent Agenda for July 13, 2021, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Item(s) 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 unanimous. Eagle County Housing and Development Authority 1. Rent Schedule Low Income Housing-Riverview Apartments CO990038002 - 11/01/2021 Annual Renewal Daniel Murray,Housing Executive Summary: Every year HUD evaluates market rents to pay their Section 8 subsidy off of each month. Each year the rents go up about 0.5%-1%. This increase does not increase the rents to our residents,but only the market rent that HUD will cover after residents pay their stipulated rent amount of 30%of gross income per the Section 8 program. These new rental rates will go into effect on 11/1/2021. The property, Riverview Apartments Preservation, LP must sign these documents first showing that we approve of HUD's increase and then CHFA will follow up with a fully executed agreement just a few short weeks later. Mr. Murray stated that rents would not increase this year. Commissioner Chandler-Henry moved to approve the Rent Schedule Low Income Housing Annual Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Board of Equalization. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. 2 07/13/2021 County Board of Equalization 1. Resolution 2021-041 Regarding Presentation of Reports of Valuation for Assessment of Taxable Real and Personal Property and List of Actions on Eagle Real and Personal Property Appeals to the County Board of Equalization Mary Kessler,Assessor's Office Mark Chapin, Eagle County Assessor,presented the pre and post assessor level appeals values. The pre-valuation total was $3,689,278,190. Following both the real and personal property appeals,the valuation dropped to $3,664,792,090. There was an all time low appeal count this year. He believed the numbers were low due to COVID. Coming out of COVID, at the end of the data collection period,property values started to increase. Property values had increased in such a fashion that the values they had rendered for notice purposes don't begin to touch the current market values. There was a high demand and low supply of housing inventory. A lot of properties purchased were from out of state buyers. The next appraisal period would be June 30, 2022 going into effect in 2023. Commissioner Chandler-Henry moved to approve the Resolution Regarding Presentation of Reports of Valuation for Assessment of Taxable Real and Personal Property and List of Actions on Eagle Real and Personal Property Appeals to the County Board of Equalization. Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Board of Equalization and reconvene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Planning File 1. Lizzie Lode Variance from Improvement Standards: VIS-10-18-7947 Nicole Mosby,Engineering Executive Summary: The Applicant requests a Variance for Improvement Standards for an existing access road, Taylor Hill Road,which does not conform to the Section 4-620 Roadway Standards of the Eagle County Land Use Regulations. The Applicant wishes to obtain permits for a primary residence on the property known as 65 Taylor Hill Road,Parcel 2479-022-00-035, and does not have the ability to improve Taylor Hill Road in order to meet the access road. standards required to obtain a building permit. Ms. Mosby,Eagle County Staff Engineer,presented the request. The Taylor Hill area included 35 private parcels within the White River National Forest. The applicant was requesting a variance from Improvement Standards(VIS)for access to the property known as 65 Taylor Hill Road. Taylor Hill Road was formerly National Forest System Road 731. The Taylor Hill Equitable Road Users Group(THERUG)obtained permits and made improvements required for a CO State Highway Access Permit on highway 24. The applicant was requesting a variance from some of the ECLUR standards in order to obtain future permits for improvements on their property. She reviewed the Roadway Standards. Based on the special circumstances, strict application of the Eagle County Land Use Regulations would result in a peculiar and exceptional practical difficulty or exceptional undue hardship to the applicant. Ms. Mosby reviewed the standards and the related conditions that addressed on-site fire 3 07/13/2021 suppression water, snow removal, and turnaround. Staff found that the application met the standards, as the applicant had a hardship and the health, safety and welfare of the persons affected was maintained while minimizing impacts to the lands affected. Staff recommended approval with conditions of the variance. Commissioner McQueeney questioned condition 6(six)on slide 28. Ms. Mosby stated that the condition required the applicant to improve the road on her property to meet the standard. The condition required the improvements be done prior to the building permit. An improvement to a segment below her property would serve the community better. Rachel Van Sloun, applicant and property owner, stated that she would be required to get permission from the property to improve the segment below her property. Beth Oliver,Deputy Eagle County Attorney stated that she would have to do one or the other. The one she selected would have to be completed prior to any building permits. Commissioner Chandler-Henry asked about the dual access standard and adding a turnaround for emergency vehicles. Ms. Mosby indicated that the emergency turnaround met emergency services requirements. Commissioner Chandler-Henry asked about the water cistern for dust suppression. _ Ms. Mosby stated that the applicant would have to truck in water or go through a water rights process. Ms. Van Sloun stated that she had a well. Ms. Mosby stated that the water issues would need to be met at the time of building permit. Commissioner Chandler-Henry asked if fire suppression was part of balancing the hardship with public safety. Ms. Oliver stated that the water service issue came up with the rural cul-de-sac road standards. She believed that condition 2 (two)was appropriate to include to show that the applicant could meet that standard. She suggested changing the language in condition 2 (two)to say"the onsite fire suppression cistern must be completed prior to building permit issuance or the applicant would include plans for an onsite fire suppression water cistern at the time of building permit application in accordance with the recommendations from the fire authority." Ms. Van Sloun asked if a pond or water feature usable for fire suppression would be adequate. Ms. Mosby stated that the condition, as written, gave the Fire District the ability to sign off on things. Chairman Scherr opened and closed public comment, as there was none. Commissioner McQueeney stated that the board read through all the public comments and there were some requests for conditions; the board gave them thought and incorporated them where appropriate. In terms of the file, she believed the standards had been met with the conditions and the conditions helped to address the balance between safety and adverse impact to the applicant. The idea of having water on site was a condition that would ensure public safety. Commissioner Chandler-Henry concurred with Commissioner McQueeney and believed that staff had done a good job. The main concern she had related to dual access and water storage, as conditioned that staff the variances were appropriate and the hardship to the applicant outweighed any impacts to the public. Chairman Scherr agreed with his fellow commissioners and believed the application as conditioned met the standards. Ms Van Sloun believed the conditions sounded reasonable. Commissioner McQueeney moved to approve the variance from improvements standards for Lizzie Lode, Eagle County File No. VIS-1018-7947, incorporating staff's findings and conditions. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Strategic Communications Director Candidate Interviews - Holy Cross Room 4 07/13/2021 Eagle County Housing and Development Authority - Work Session 1. Eagle County Housing and Development Authority Board with the Advisory Committee bi-annual meeting Kim Bell Williams,Housing Executive Summary: The Eagle County Housing and Development Authority board meeting bi-annually with the Advisory Committee to discuss housing related topics, and provide feedback to the board. An agenda with further detail is attached. Approved Resolutions: Resolution 2021-043 Definition of Low Income Households Resolution 2021-044 ColoTrust Investment Partnership Planning File 1. Planning File : AFP-9120-2020 Tez Hawkins, Planning Department Executive Summary: The applicant is seeking approval for an Amended Final Plat(AFP)to remove a Restrictive Plat Note for the Emma Farms Subdivision related to fire protection water supply and emergency access and to rename the subdivision WJWJ Ranch. 2. Resolution 2021-042 Extinguishing the Subdivision Improvements Agreement(SIA)and plat note for Emma Farms Taylor Ryan,Engineering Executive Summary: This resolution is to close out the SIA for the Emma Farms Subdivision and allow the removal of a restrictive plat note. Because 3 lots in the subdivision were vacated with an amended final plat in 2015,the SIA is no longer necessary. This resolution is required before the current amended final plat, AFP-009120-2020 for Emma Farms can be approved. Tez Hawkins, Eagle County Staff Planner, reviewed the project proposal. The purpose of the amendment was to terminate the SIA,remove a restrictive plant note, and rename the subdivision WJWJ Ranch. The property was zoned agriculture limited and surrounded by single-family, conservation easement, open space and Red Rock Ranch PUD. The public hearing was noticed, and at this time,no public comments had been received. Staff recommended approval of the Amended Final Plat. Mr. Hawkins indicated that all five standards had been met. Taylor Ryan,Eagle County Staff Engineer,reviewed the history of the site improvements agreement. Staff determined that because the lots had been vacated in 2015, there was no further need for the SIA. The remaining lots had direct access to Hooks Lane and access to existing utilities. The main purpose of the amendment was to remove the plat note from the original 2008 subdivision that restricted the sale of any lots until the requirements of the SIA were met. 5 07/13/2021 Douglas Pratte, Land Studio, stated that the applicant supported staffs recommendation for the approval of the amended final plat and extinguishment of the SIA The subdivision had undergone changes that reduced its density, and the fire protection would occur on the individual lots when they are built upon. Commissioner Chandler-Henry asked if the application was reviewed by the Planning Commission. Mr. Hawkins stated that the file was not reviewed by the Planning Commission because,per the land use regulations, amended final plats go before the BoCC. Chairman Scherr opened and closed public comment, as there was none. Holly Strablizky,Assistant Eagle County Attorney explained the decision process. Before the board was the resolution that released plat note 13 and terminated the subdivision improvement agreement. This would enable the board to approve the amended final plat which did not have plat note 13 on it and had additional plat notes that address the development of the two buildable lots, Commissioner Chandler Henry concurred with staff's findings and believed the five standards had been met. Commissioner McQueeney recognized the application as a clean up and agreed with staff's findings. Chairman Scherr had nothing further to add. Commissioner Chandler-Henry moved to approve the resolution terminating the Subdivision Improvements Agreement for the Ema Farms Subdivision as well as the final release of plat note 13 from the 2008 Final Plat of Emma Farms Subdivision. Commissioner McQueeney seconded the motion. The vote was unanimous. Commissioner McQueeney moved to approve the Amended Final Plat for the Emma Farms Subdivision now known as the WJWJ Ranch Subdivision,Eagle County File No. AFP-9120-2020, incorporating staff's findings,because this application meets the standards of approval for an Amended Final Plat. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Work Session 1. 3 County Solar+Storage Study John Gitchell, Sustainable Communities Executive Summary: A key strategy in our Climate Action Plan is to develop solar projects that provide both clean energy and storage for community resilience. The 3-County Solar+Storage Study provides resources to expand and accelerate solar development in Eagle,Pitkin and Garfield Counties. Total project cost of$230,000 is funded through$120,000 from a DOLA Renewable/Clean Energy Challenge grant, $35,000 from Garfield Clean Energy for project management,and contributions of$25,000 from each of the 3 counties. Staff from Clean Energy Economy for the Region(CLEER),the Community Office for Resource Efficiency(CORE), and Walking Mountains Science Center(WMSC)will provide an u date to the board for discussion and feedback. 4oi 06 h EAGLE o There being no further business before h; t - i eeting was adjourned until July 20,2021. Attest. Clerk to the Board Chairman 6 07/13/2021