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Home My WebLink AboutMinutes 07/27/2021 PUBLIC HEARING July 27, 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 Chander-Henry stated that last week she attended the quarterly meeting of the Colorado River Water and Conservation District. The news was all about drought. Last week the Governor issued a drought proclamation which made Coloradan's eligible for some FEMA funding. Both the current status and what was projected for the future looked grim. On a happier note she thanked the Fair and Rodeo Advisory Council for their work on the 81st Eagle County Fair and Rodeo. The 4-H exhibits were outstanding and the livestock auction raised $510,000. Commissioner McQueeney took an opportunity to make sure everyone was aware that the application process to the Family Leadership Training Institute was open. This was a great course in civic engagement and leadership development. It was a 20-week class and was free. Commissioner Scherr spoke about the loss of Doris Dewton this past week. She was a friend and a friend of this community. She was an active member of the Vail Valley community and an incredible mentor to him and his wife. County Manager Updates Jeff Shroll expressed his excitement for the bike path/trail moving forward. Everyone was excited to see the trail come to fruition and be completed. Staff did a great job coordinating the efforts. Consent Agenda 1. 1st Amendment to The Tree Farm Phase 2 SIA-Time Extension Rickie Davies,Engineering 2. Resolution 2021-048 Concerning Taxpayer Generated Abatement and Refund of Taxes -Request for Administrative Denial on R067720 Rhea Silverkorn,Administration 3. Two 10 at Castle Peak public improvements Bill of Sale 1 07/27/2021 Tori Franks,Housing 4. Resolution 2021-049 Approval for Planning File: PDA-9124-2020,Cordillera Valley Club PUD Amendment Tez Hawkins, Community Development 5. Resolution 2021-050 of Approval for Planning File: PDF-9123-2020, Cordillera Valley Club Final Plat Tez hawkins, Community Development 6. Approval of the Minutes for the Board of County Commissioner Meetings for May 4, May 10, May 11, May 17,May 18, and May 25,2021 Kathy Scriver, Clerk&Recorder's Office Commissioner McQueeney moved to approve the Consent Agenda for July 27, 2021, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Constituent Input Chairman Scherr opened and closed constituent input, as there was none. Business Item 1. Resolution 2021-051 Approval of the 3rd Supplemental Budget 2021 Jill Klosterman,Finance Executive Summary: Public notice will be completed on July 22, 2021, and the request for these additional appropriations will be made in the July 27,2021 public meeting. Ms. Klosterman stated that this was a supplemental request to the 2021 budget. She presented a slide that demonstrated a transfer from the General Fund of$5.4 million dollars to a variety of different housing funds. The Housing Authority would be managing all the programs. Kim Bell Williams talked about the programs and when they would be available. Master Leases for Eagle County Staff - ECG will seek out opportunities to sign leases with local landlords to make inventory available to county staff. Program funding$25,000. Launch date: August 2021 Homeless Stability Grant - Grant funding would allow coordination of services through outreach and emergency shelters. Program funding$637,650. Launch date: August 2021 Valley Home Store Staffing Increase-Additional staff member. Program funding$36,000. August 2021 Accessory Dwelling Unit (ADU) Build Out - The county would add rental units by making low or no interest loans to homeowners to build legal ADUS on their property in return for agreeing to rent the unit to an eligible household. Program funding$150,000. Launch date: October 2021 BuyDown/Deed Restriction Program - Funding would be provided to allow eligible households to purchase units in exchange for adding either price capped or resident occupied deed restrictions as part of the purchase. Program funding$2,000,000. Launch date: August 2021. Cash Offer Assistance Program (Revolving Loan Fund) - Eagle County would serve as an interim buyer to remove contract contingencies for eligible households. The program would make offers to purchase units more attractive to sellers. Program funding, $2,500,000. Launch date: September 2021. 2 07/27/2021 Increase in Down Payment Assistance Loan amounts - The program would provide higher loan amounts to help offset some of the rising costs of purchasing a home. Program funding$400,000. Launch date: August 2, 2021. Rental Assistance Program - Eagle County would provide rental assistance for eligible households. Program funding$125,000. Launch date: August 2021. Long Term Rental Management Program - Eagle County would compile a list of units and approach interested homeowners to provide services in exchange for putting the unit back into the full-time year-round rental pool. Program Funding $150,000. Launch date: September 2021. Ms. Bell Williams explained that the new programs were new and would need flexibility to move budget amounts from one program to another depending upon market conditions and community interest. Commissioner Chandler-Henry moved to approve the resolution approving the 3rd Supplemental Budget 2021. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Board of Equalization. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Eagle County Board of Equalization 1. Resolution 2021-052 Regarding Petitions to the Eagle County Board of Equalization 7-27-21 Rhea Silverkorn Administration Executive Summary: Taxpayers who chose to appeal Eagle County Assessor's 2021 valuation(identified on the • list of CBOE appeals attached hereto as Exhibit"A")were set for hearing before the Board of County Commissioners of Eagle County, organized and convened as the County Board of Equalization for the purposes of adjusting, equalizing,raising or lowering the valuation for assessment of real and personal property within this county, fixed and made by the County Assessor for the year 2021. The Board appointed independent Referees to conduct hearings and to make findings and submit recommendations to the County Board of Equalization for its final action,based upon testimony and evidence presented by the Petitioners and the Assessor's representatives with regard to said petitions. The Referees have recommended adjustments of value or no adjustment of value or the parties have stipulated to a value with respect to those petitions identified. The signatures of the Board are requested upon consideration and approval of the recommendations of the referees. Ms. Silverkorn,Executive Coordinator for Eagle County Government presented the request. She explained that this was the first full week with 150 decisions, and there were now recommendations before the board for approval. There was still one more meeting to close out CBOE on August 4th. Commissioner Chandler-Henry moved to approve the resolution regarding petitions to the Eagle County Board of Equalization 7-27-21 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. 3 07/27/2021 Discussion Item - Holy Cross Room 1. Eagle County Strategy Deployment Update-Early Childhood&Wildfire Mitigation Executive Summary: Commissioners will review progress on early childhood access and quality and wildfire mitigation strategic goals. Working Lunch - Holy Cross Room 1. Strategic Planning Session Executive Summary: Bill Ray will be here to discuss Eagle County strategies and priorities. Planning File - Eagle County Room 1. Planning File: 10 Acre Planned Unit Development Final Plat,File Number PDF-9129-2021 Tez Hawkins, Community Development Executive Summary: Eagle County Community Development received a final plat application from 10 Acre Holdings LLC for the 10 Acre Planned Unit Development on January 12, 2021. The Final Plat would subdivide a 10.016 acre lot to allow for the development of five single-family residential lots accompanied by common open space, utility and access easements, and public right-of-way. Brian Rose,the applicant,presented. He introduced himself, his wife,his attorney, and Doug Pratte,his planner. He reviewed the parcel surroundings and shared some aerial views of the property. He reviewed the land use plan which included five proposed building lots. The changes they made were in response to the Planning Commission comments. The property was a 10 acre parcel. He demonstrated the surrounding zoning and stated that the proposal was inline with the existing uses. He reviewed the standards of approval and indicated that the proposal met the standards. He reviewed the conditions of PUD Preliminary Plan approval. They were currently in the process of acquiring an access permit from the Town of Basalt and indicated that they had met all the other requirements. All agreements were in place and all the permits had been issued. The Willits Lane access permit was the only permit they were waiting for. He reviewed the subdivision improvements for water, sewer, shallows, and irrigation water and indicated that they met the conditions requested by the Mid Valley Metropolitan District. The main sewer was along Willits Lane and already backfilled under the bike path. Tez Hawkins,Eagle County Staff Planner,presented his presentation. The hearing was noticed and no public comment was received. The application was distributed to 14 referral agencies and comments were received from five: Roaring Fork Fire Rescue Authority,Mid Valley Metro District, Roaring Fork School District, Colorado Geological Survey, and the Town of Basalt. The applicant had adequately addressed all comments. He indicated that all the standards had been met. The 10 Acre PUD Final Plat was accompanied by the Subdivision Improvement Agreement(SIA);the agreement would be signed by the BOCC in conjunction with the signature of the Final Plat. Commissioner Chandler-Henry asked about the timeline assuming an approval. Mr. Rose stated that they would be finishing all of the excavation work and then move on to the sale of the lots. Chairman Scherr believed the affordable housing with Habitat for Humanity was an innovative solution. Holly Strablinsky,Assistant Eagle County Attorney, stated that at the Combined Sketch Preliminary Plan, there was discussion about the access easement which she clarified was an agricultural easement. 4 07/27/2021 Chairman Scherr opened and closed public comment, as there was none. Commissioner Chandler-Henry believed it was a thorough presentation and believed all the conditions from the Preliminary Plan had been addressed. She agreed with the staff recommendations, and it appeared that all the standards had been met. She was prepared to vote for approval. Commissioner McQueeney concurred with Commissioner Chandler-Henry. Chairman Scherr agreed that all the standards had been met. Commissioner McQueeney moved to approve the 10 Acre PUD Final Plat,File No PDF-9129-2021,the accompanying Subdivision and Off-Site Improvements Agreement, and construction plans for the subdivision, dated on May 14,2021; authorizing the Chair to sign the documents. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Ms. Strablisky stated that the motion took care of Items 1 and 3. With regard to the resolution,it was ready for the board's consideration and approval. 2. Resolution 2021-053 Approval for 10 Acre Planned Unit Development Final Plat,File Number PDF-9129-2021 Tez Hawkins, Community Development Executive Summary: The Final Plat will subdivide a 10.016 acre lot into five single-family residential lots accompanied by common open space, utility and access easements, and public right-of-way. If the Board of County Commissioners moves to approve the Final Plat on July 27,2021,the Resolution of Approval for the Final Plat can be signed to memorialize the Board's decision. Commissioner Chandler-Henry moved to approve the resolution approving 10 Acre PUD Final Plat,File No. PDF 9129-2021 Commissioner McQueeney seconded the motion. The vote was unanimous. 3. Subdivision Improvements Agreement Final Plat for the 10 Acre PUD Julie Pranger, Engineering Executive Summary: The 10 Acre PUD was approved by the Board of County Commissioners on August 25, 2020. The application for Final Plat for the 10 Acre PUD, File PDF-009129-2021, is scheduled for Board hearing and decision on July 27, 2021. In conjunction with the approval of the Final Plat,the developer is required to enter into this Subdivision Improvements Agreement to govern the construction and collateralization of public improvements and landscape improvements for the PUD. The developer will provide the required collateral for the public and landscape improvements in the form of cash(cashier's check or wire)in form and substance acceptable to the County Attorney in the amount of$506,888.75. Planning Commission Interview - Holy Cross Room 1. Greg Moffet ECPC (virtual) 5 07/27/2021 Planning File - Eagle County Room 1. Planning File: 362 Redtail Ridge,AFP-9167-2021 Michael Sylvester Executive Summary: This application is to combine Lots 31 and 32 of the Cordillera Subdivision,Filing 10(362 and 400 Redtail Ridge,respectively)by vacating the lot line between them,with Lot 31 remaining as the resulting lot. The building envelope on Lot 32 will be vacated and the building envelope on Lot 31 will be amended to fit the shape of the existing structure. Sean Fletcher with Intermountain Engineering,representative for the applicant, stated that the owner of Lot 31 wished to purchase Lot 32 and create one lot. It was also an opportune time to adjust the building envelope. There was no change in square footage of the envelope. Mr. Sylvester stated that this was a combined lot combination and building envelope adjustment. The building envelope on 400 Redtail Ridge would be vacated and the building envelope remaining on 362 Redtail Ridge would be amended to fit the shape of the existing single family residence. Building envelope amendment proposals that did not receive written approval from all adjacent property owners were required by the Cordillera Subdivision PUD Guide to be approved by Eagle County through a public process. Referral comments were received from Eagle River Water and Sanitation District regarding sewer service lines intended for 400 Redtail Ridge to be abandoned. Referral comments were received from Colorado Parks and Wildlife regarding elk migration. The application did not raise any concerns as there was no new development associated with it. The application was in conformance with all the standards. No public comments were received. Commissioner Chandler-Henry asked if the lot could be re-divided in the future. Mr. Sylvester stated that the Cordillera Design Review Board did not require a plat note addressing whether it could be divided again. Commissioner Chandler-Henry asked if the existing structure was built out of conformance with the building envelope. Mr. Sylvester stated that it was not out of conformance, simply on the edge of the building envelope but in conformance. Commissioner Chandler-Henry asked about the comments by the Eagle River Water and Sanitation (ERWS)about the maximum irrigated lawn area. Holly Strablinzky, Assistant Eagle County Attorney, stated that the Upper Regional Water Authority provided the water to the property and ERWS provided the sewer. With regards to enforcement of irrigation limits,this would fall on the water authority or the district,not on the county. Commissioner McQueeney stated that she had no questions. Chairman Scherr questioned why the ERWS requirement would not be enforced until 2028. Michael Autera,the applicant, stated that he was unable to get the work done in time to meet all the requirements for this meeting. There was an agreement they were willing to sign that provided for a seven year period by which he did need to cap the lines. He believed this had been done for other homeowners in the area. Chairman Scherr opened and closed public comment, as there was none. Commissioner Chandler-Henry believed the application looked fairly straight forward. Commissioner Chandler-Henry moved to approve the 362 Redtail Ridge,Eagle County File No. AFP-9167-2021, authorizing the chair to sign the plat. Commissioner McQueeney seconded the motion. The vote was unanimous. 6 07/27/2021 Planning Commission Interview - Holy Cross Room 1. Temple Glassier RFVRPC(virtual) There being no further business .- ..��. "h+_rd,the meeting was adjourned until August 17, 2021. Attest. • Rao° Clerk to the Board Chairman 7 07/27/2021