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HomeMy WebLinkAboutMinutes 09/07/2021 PUBLIC HEARING September 7, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Jeff Shroll County Manager Kelley Collier Deputy 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 McQueeney gave a shout out to fellow Commissioner Chandler-Henry for recently receiving several official appointments by the National Association of Counties(NACo). She was named Vice Chair of the Public Lands Steering Committee, Healthy Counties Advisory Board Member, Membership Standing Committee Member,Resilient Counties Advisory Board County Board Member, and Rural Action Caucus Member. The appointments were announced August 13th by NACo President Larry Johnson. Commissioner Chandler-Henry gave a shout out to the local Rotary Club. This past weekend was the Vail Duck Race. The money raised was used for clean water projects worldwide and locally,for scholarships, and youth programs. The event raised over$100,000. Chairman Scherr thanked the Rotary Club for the opportunity to get out and be a part of the action with the local Scouts. County Manager Updates Jeff Schroll reminded folks that there were a lot of seasonal job openings at the Eagle Airport and ECO Transit as well as other job openings in a variety of different Eagle County departments. Consent Agenda 1. Contract between Eagle County and Family Learning Center for Early Head Start Child Care Leigh Carlson-Hernandez,Human Services 2. Contract between Eagle County and the Eagle County School District for Early Head Start Child Care at Eagle Valley Elementary and Edwards Early Learning Center Leigh Carlson-Hernandez, Human Services 3. Black Hills Gas Line Correction Easement Tez Hawkins,Planning 1 09/07/2021 4.Agreement for Operation of Retail Concession at Eagle County Airport Terminal Building David Reid,Airport 5. Master Services and Purchasing Agreement between Axon and the Eagle County Sheriffs Office Jessie Porter, Sheriff's Office Commissioner McQueeney moved to approve the Consent Agenda for September 7,2021, as presented. Commissioner Chander-Henry seconded the motion. The vote was declared unanimous. Business Item 1. Resolution 2021-070 Declaring September as National Suicide Prevention Month in Eagle County Rhea Silverkorn,Administration Executive Summary: September is known around the United States as National Suicide Prevention Month and is intended to help promote awareness. Suicidal thoughts can affect anyone regardless of age,gender,race, orientation, income level, religion, or background. Suicide is the 10th leading cause of death among adults in the U.S.,and the 2nd leading cause of death among people aged 10-24. Local organizations like SpeakUp ReachOut(SURO)and Eagle Valley Behavioral Health(EVBH)are on the front lines of a battle that many still refuse to discuss in public, as suicide and mental illness remain too taboo a topic to speak on. We encourage all residents to take the time to inquire as to the wellbeing of their family, friends,and neighbors and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. Commissioner Chandler-Henry moved to approve the resolution declaring September as National Suicide Prevention Month in Eagle County. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Joanne Rock from Eagle spoke. She believed it was a significant week due to the 20th anniversary of the 911 attacks and read an article related to recovery. She believed it was a time of reflection. Tom Olden of Eagle spoke about forest management. He asked that the county get involved in proactive measures to protect the forest from wildfires. He asked the board to consider timber management and timber sales. Regeneration of the forest was critical for clean air,water, and recreation. Michelle Morgan of Gypsum spoke about a document she emailed the commissioners.The document was in regards to freedom. She read some excerpts. Rebecca Zennerr from Eagle spoke about masks in schools. She did not believe that the current mask mandate was a significant intervention and asked that the board consider an alternative once the order expired. She believed that the mask mandate was harmful to children. Heather Berquist of Gypsum spoke. She expressed displeasure regarding a response she received from the board chair. She expressed frustration for the response she received from the Vail Daily for an opinion letter she submitted expressing outrage at the vaccination policy being implemented by the Vilar Center and Ford Amphitheater. She told the board that they had one job, and that was to protect the rights of the individuals in the community regardless of race, sex, class, or medical decisions. The policies set forth by the Vilar and Ford Amphitheater accomplished the opposite. She would take her money elsewhere and encourage others to do the same and hoped they would reconsider the policies and dangerous precedents being set. 2 09/07/2021 Brandon Toms of Eagle Vail spoke. He expressed disappointment over the board's response to the public comment. He felt that the board as elected officials should listen to the community and hoped that they would make the right decision for the county. Eagle County was his home and he wished to protect it. Commissioner Scherr clarified that the decisions being made were based on the evidence provided to Public Health. Betsy Smith Barney of Gypsum spoke. She stated that her heart was broken due to the division in the community. She asked the board to consider science and evolution and use common sense when making decisions. Chairman Scherr closed public comment. He thanked everyone for their time for providing input. Work Session 1. Eagle County Strategy Deployment Discussion-Economic Development&Diversity,Greenhouse Gases Rhea Silverkorn/Mike Nugent 2. Early Childhood Collaboration with Eagle County Schools Megan Burch, Health&Human Services Planning File - Eagle County Room 1. Edwards River Park Planned Unit Development-PDSP-9050/ZC-9029 and 1041-9030-Combined PUD Sketch/Preliminary Plan,Zone Change, and 1041 Permit Kris Valdez, Planning Executive Summary: The applicant requests approval of a combined Planned Unit Development Sketch/Preliminary Plan application for land on the north side of US Highway 6 between the Eagle River Preserve and SouthFork Meadows ("Property").Also included is a Zone Change application to rezone the existing parcel from Resource and Rural Residential to PUD and a 1041 permit application for the extension of water and sewer services. The Property was formerly part of a B&B Excavating gravel mining operation. The proposal is a mixed-use development to include approximately 440 residential units and 11,500 square feet of commercial uses. The hearing is the 11th hearing on this file,the first hearing was held on December 8, 2021. Chairman Scherr stated that the file would be tabled until September 28, 2021 as the 1041 permit application had not been finalized. Public comment had been closed but due the significant changes in the application, public comment would be reopened. Kris Valdez, Eagle County Staff Planner,presented a PowerPoint presentation. She provided some background information on the application. The project was a mixed use commercial/residential project of 53.27 acres,zoned R and RR, 440 dwelling units, 100 deed restricted rental and for sale. Dominic Mauriello, Mauriello Planning Group,presented the applicant's request. He provided some background information and showed an aerial map of the area. He believed that the applicant had had a very thorough public engagement process. The proposal being presented today was a result of taking many of those comments into consideration. The comments they received from the board identified building height and scale, commercial nature of the PUD,density, and traffic impacts as areas of concerns. The applicant reduced the density and eliminated the lockoffs units. The commercial space was reduced to 11,500 from 29,000.The building height was one of the areas they made the most significant change. A 55 ft. high building resulted in four stories 3 09/07/2021 throughout the project with the exception of Buildings 1-3 along Hwy 6, with a height of 85 ft. Building number 4 along Hwy 6 was 68 ft. and Building 5 along Hwy 6 was 58 ft. The reason for having buildings greater than 55 ft. was related to the fact that the buildings would be built up against a steep slope created by the mining operation. Even though they dropped the density to 440 units,there would still be 90 deed restricted rental units and 10 for sale units with resident occupied(RO)deed restrictions. They were now at 160%of the housing requirement,well above the minimum within the project. There would be a minimum of 45 units available for county"buy-down" deed restrictions. The applicant still proposed a 1%Real Estate Transfer Tax(RETA)on free-market sales, and a 1%fee on short-term rentals. In terms of the housing schedule,they proposed that 50%of the deed restricted units would be developed in the first phase.The open space would be 35.29 acres with the additional area of the amphitheater area. They estimated that traffic would be reduced by 38%due to the reduction and elimination of the hotel. He reviewed the water plan and the landscape plan. The project still allowed for store fronts, farmers markets,and other types of gatherings. The new proposed plan was much more pedestrian friendly. The public benefits included affordable housing, childcare, and infrastructure improvements. They believed they'd checked all the boxes and were in conformance with the PUD criteria. In terms of the preliminary plan for subdivision and zoning,they believed they were in conformance to that criteria as well. Ms. Valdez stated that staff would review the standards of approval for PUD Sketch and Preliminary Plan which included conformance with comprehensive plan, compatibility with surrounding land uses,natural resource protection, adequate facilities, improvements, uses,dimensional limitations, off-street parking and loading, common recreation and open space, landscape and illumination, and phasing. She indicated that the project was in conformance with the comprehensive plan for the Edwards Area Community Plan.The RiverPark had an extensive housing plan that exceeded the minimum recommended mitigation rates and met the intent of the housing guidelines. Staff supported the partnership with the Housing Authority in the form of temporary property tax exemption for the price capped rental units. The housing plan included 90 deed restricted rental units, 9 price capped rental units, 72 price capped rental units at 100%AMI,9 RO deed restricted rental units, 10 RO deed restricted for sale units with no transfer exemption. The project should,per the housing guidelines,give 110 price capped equivalent units but would be providing an equivalent of 172 units. Staff had determined that the proposed building heights met the goals and policies of the Edwards Area Community Plan, mimicked the topography of the site,and mitigated visual impact on users of the Eagle River Preserve based on the changes proposed by the applicant. Nicloe Mosby,Eagle County Staff Engineer,presented the Natural Resource Protection Standard and indicated that the revised application met the standards with conditions. Staff added conditions 44 and 45 to address the wetlands and finalized the riparian and water quality management plan. She also reviewed the standard related to adequate facilities and indicated that the application met the standard with proposed condition 40. She reviewed the traffic and the level of service and the variations requested by the applicant. Staff supported the variations. She reviewed the drainage standards, and staff believed the application met the standards with the proposed variations and conditions 21, 22, 24, 25,29, 42, &43. Ms. Valdez reviewed the proposed uses and variations requested. Staff found that the revised application met the standards with the variations granted. She reviewed the proposed uses in the PUD guide and showed the Eagle County Land Use Regulations and where they would fit within the Resource or Rural Residential Zone Districts. The dimensional limitations standard included setbacks and condition 28 addressed the floodplain setback, appropriate in Planning A-6. The parking plan would be determined when each planning area came in for the final plat. She reviewed the Subdivision Sketch/Preliminary Plan and indicated that the revised application met the standards of approval. There were currently 18 conditions, 3 were added,6 were resolved, and two were modified. Beth Oliver, Deputy Eagle County Attorney, stated that the Land Use Regulations allow the board to send an application back to the Planning Commission if there were substantial changes to the application;this was at the board's discretion. Chairman Scherr believed this would not be necessary based on what had already been reviewed, and he did not believe any of the changes would have warranted any further concerns by the Planning Commission. Commissioner McQueeney believed that there had been substantial changes but believed that the Planning Commission would have been happy with all the changes based on their concerns and feedback from the public. 4 09/07/2021 Commissioner Chandler-Henry believed that all the changes were reducing the scope and the size of the project which was the direction that the Planning Commission and the board requested. She was comfortable with not sending it back. Jason Cowles with the Eagle River Water and Sanitation District addressed the future growth and impacts to water. The proposed plan had various sources of water augmentation. The climate change data indicated a dryer climate and strategic reserves were being proposed as a buffer. The District had in-basin storage and allowed the surplus to become available for future development. He worked with staff to create a condition that would allow the applicant to move their project forward but did not require them to reserve the water. This project was in an area that had a higher augmentation rate. The District committed to providing enough irrigation water for 50%of the demand of bluegrass, and it was up to the applicant to tailor their landscaping plan for the irrigated areas to live within the budget. This commitment was detailed in the PUD guide. Commissioner McQueeney asked about the on-site childcare facility. Mr. Mauriello stated that the provision in the PUD guide required that the childcare facility be provided within six months of the commercial development; six months seemed reasonable to find a provider. They were obligated to provide the space. Commissioner McQueeney believed that licensing should begin early on,perhaps as the space was being designed. The licensing was complicated, and there were a lot of requirements. Commissioner Chandler-Henry asked about the housing mix. Mr. Mauriello stated that the majority of the units would be multi-family units. The plan included 14 duplexes and 20 townhouses. Commissioner Chandler-Henry asked about the proposed 90 short-term rentals and how they worked against locals. Mr. Mauriello stated that the 90 units was not a magic number, and their thought was if they did not allow some level of short-term rental,there may not be a balance. They were open to the idea of having them be restricted. It was a balancing act. The alternative would be that the units would sit vacant as a second home. He believed they needed to be in the project to offset costs of other improvements but they were not locked into 90 units. Chairman Scherr stated that he had concerns with the short-term rentals in the PUD and how they would impact housing. Mr. Mauriello suggested that there may be a provision added that limited the number of units. Chairman Scherr wondered how they would determine which units would be allowed to be one of the 90 short term rentals. Mr. Mauriello stated that there might be a regulation in each of the HOA documents addressing the short term rental programs. Chairman Scherr wanted to be clear on the number of units and make sure there was a mechanism built into the document. He asked about the logistics for collecting the fees. Mr. Mauriello stated that there may be a management company collecting the fees. It was not uncommon for an HOA to take on this responsibility. Commissioner McQueeney asked how much of the open space was usable and open to the general public. Mr. Mauriello stated that the PUD planning area identified the areas and there was approximately six acres, the boardwalk and natural area, and four acres of land to walk a dowl There was the ability to get to the river and fish. Commissioner Chandler-Henry asked Maureen Mulcahy tp.pizr`e an overview of her assessment of the plan. Maureen Mulcahy,Eagle County Natural Resources Policy IChnager, provided an overview of her assessment. She believed the changes lessened the scope and scale of the project. The wetland access plan and water quality plan would still remain in place. She believed that the mitigation plan provided adequate protection in light of the current proposed application. Ms.Valdez indicated that they had no additional concerns. Commissioner McQueeney asked about the road and if the proposal would make the intersection better since it appeared that the flow would only get marginally better. 5 09/07/2021 Ms. Mosby stated that the improvements would help. Intersections were based on delay, and you want less delay. Roadways were based on the time you follow cars, so you want to follow cars less. You want to drive a higher percentage of the time. Commissioner Chandler-Henry stated that the proposal would increase traffic by 11%. Kari Schroeder with McDowell Engineering explained that the development would increase traffic by 11%, however,the applicant was proposing 35%of the roadway improvements. There was still a restriction to the east where there were two lanes and the cause of the backup. CDOT determined that the two lane section would need to be widened in the next 20 years if the development were to be approved. Chairman Scherr asked about a stoplight versus a roundabout. Ms. Schroeder believed the roundabout would make the road safer and more resilient. Commissioner Chandler-Henry asked about the parking within the development. Mr. Mauriello stated that the parking requirements were laid out in the PUD plan;they envisioned that all the parking would be within the structure,with possibly two levels below grade/underground parking. There may be some opportunities for on-street parking. There was also an option for mechanical/automated parking systems.. Commissioner Chandler-Henry asked about heated roads and if that worked against climate goals. Mr. Mauriello stated that areas of heat would be on hills. The benefits of heat were offsetting plowing trucks,gravel, and mag chloride being used. Chairman Scherr asked about the building heights in the Riverwalk. Mr. Mauriello stated that some were 45 ft.,and others in Riverwalk were 75 ft. tall.The proposed heights in this development of 85 ft. allowed for the ability to put parking underneath the building. Chairman Scherr expressed concern about the 85 ft. building height. Mr. Mauriello believed that it came down to compatibility versus zoning. They were taking advantage of the opportunity to utilize the existing grade and build parking. Chairman Scherr wondered if the heights of the river corridor trees matched the scale of the adjacent structures. Mr. Mauriello stated that they were maintaining the tree cover and would be supplementing the tree coverage. Chairman Scherr opened public comment and encouraged people to email their comments. Public comment would continue to remain open. Commissioner McQueeney shared her concerns about the short-term rentals, lack of workforce housing, childcare parameters, and she was still struggling with the current failing road conditions. Commissioner Chandler-Henry requested a clean list of conditions. Chairman Scherr expressed concern for the short-term rentals and similar concerns with the size and scale and the community feel. Commissioner Chandler-Henry moved to table file nos. PDSP-9050/ZC-9029 and 1041-9030 to September 28, 2021 meeting of the Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. EFE4QI> C` There being no further business : . : 1,the meeting was adjourned until September 14,2021. moo` Attest:/ • Cler to the Board C irman 6 09/07/2021