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HomeMy WebLinkAboutMinutes 10/26/2021 PUBLIC HEARING October 26, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Jeff Shroll County Manager Beth Oliver Deputy County Attorney Matt Peterson 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 thanked the Fun Advisory Committee for coordinating a pumpkin carving contest. She also reminded people to vote. Commissioner McQueeney believed it was an exciting week with the ribbon cutting for the trail and the governor's visit and others that showed up to acknowledge Sweetwater Lake being protected and moving into the status of a State Park. Chairman Scherr reminded everyone that Halloween was coming up this weekend and to be extra aware of all the children running around. He also reminded everyone to get out and vote. County Manager Updates Jeff Shroll acknowledged the Eagle County Clerk, Regina O'Brien for her work on the Coordinated Election. With regards to Sweetwater Lake, he thanked everyone who worked diligently on the"Save the Lake" campaign. Heath Harmon, Eagle County Director of Public Health,provided an update. He covered incident rates, hospitalizations,booster information, and immunity rates. He provided a graph that showed the State of Colorado COVID rates. The State was still seeing a bit of an increase;Eagle County sat at a high plateau. He hoped to see a decrease in severity. Across the state and across the nation,there had been a decrease in the healthcare workforce. ICU bed utilization across the state was at 92%, and some hospitals were no longer taking COVID patients. Immunity continued to increase as the percent of eligible county population immunized with one or more doses of any COVID vaccine. Booster doses were available for anyone who had received Pfizer,Moderna, or Johnson and Johnson. They were available for anyone immune compromised, 65 or older, and 18 older who were in areas of high risk. Currently in the State of Colorado, everyone was at elevated risk because of the incident rates. He expected a final approval for children aged 5-11 somewhere around the 4th or 5th of November. Since the rates continued to remain higher than 50 cases per 100,000, the threshold was not met for removing the mask requirement. He supported moving to a more sustainable approach, one that didn't rely heavily on mandates from local public health or government. He didn't believe COVID was going away, so normalizing the approaches and taking actions necessary based on threat or risk was something he was striving for. Face coverings would continue to be considered as a means of outbreak mitigation or control. 1 10/26/2021 Consent Agenda 1. Third Amendment to Agreement between Eagle County and Citadel Security and Investigations for Security at County Buildings Ron Siebert,Facilities Management 2. Intergovernmental Agreement Between the Board of County Commissioners of Pitkin and Eagle County for Snow Removal in the Frying Pan Valley for Winter 2022-2026 Matt Peterson,Attorney's Office 3. Ratification of the First Partial Release of Collateral for 10 Acre PUD File No. PDP-9129 Julie Pranger, Engineering 4. Operating Agreement for Transportation Network Company(TNC)For Hire Vehicle Services with Lyft, Inc. David Reid,Airport 5. Colorado Opioid Settlement Memorandum of Understanding Steve Mallory,Attorney's Office 6. Settlement Participation Form for Janssen Settlement-Opioid Settlement Steve Mallory,Attorney's Office 7. Settlement Participation Form for Distributor Settlement-Opioid Settlement Steve Mallory,Attorney's Office 8. Colorado Subdivision Escrow Agreement-Opioid Settlement Steve Mallory,Attorney's Office 9. Airport Underground Right-of-Way Easement with Holy Cross Energy for Electricity to Parcel A(Hangar 8) Koltin Howard-Talbott,Airport 10. Trench, Conduit, and Vault Agreement with Holy Cross Energy for Additional Charging Stations for Dollar/Thrifty Car Rental at the Airport David Reid,Airport 11. September 2021 Payment Report Jill Klosterman, Finance 12. Treasurer and Public Trustee Third Quarter 2021 Reports Teak Simonton and Anissa Berge,Treasurer&Public Trustee Commissioner McQueeney moved to approve the Consent Agenda for October 26,2021, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. • 10/26/2021 Constituent Input Bob Good from Eagle spoke. He believed it was encouraging to hear Heath Harmon that COVID was here to stay and there were other ways to move forward. He believed it was encouraging to hear that we were moving in a positive direction. Business Item 1. Resolution 2021-086 Supporting Ballot Measure 6A-Mountain Recreation's All Access Rec Program Rhea Silverkorn,Administration Executive Summary: The Eagle County Board of Commissioners recognizes that Mountain Recreation plays a vital role in meeting the physical and emotional health needs of Eagle County residents. Mountain Recreation has worked with the community, local businesses,nonprofits and local governments over the past three years to identify and prioritize the most important upgrades and improvements to the district's facilities,resulting in the All Access Rec program. The proposed projects will allow Mountain Recreation to build back better following the pandemic with programs and services that are designed for greater equity, affordable access to healthy living services, a broader reach in age and interest,year-round use of public spaces, and growing opportunities for social connections and reduced isolation, all which result in improved mental and behavioral health. The development of Mountain Recreation's proposed projects assists Eagle County Government in achieving its mission of creating a better Eagle County for all, expands on opportunities for Eagle County residents to engage in a diverse array of programs, and increases affordable access to healthy lifestyles for individual and community health and well-being. Commissioner Chandler-Henry moved to approve the resolution supporting Ballot Measure 6A-Mountain Recteation's All Access Rec Program. Commissioner McQueeney seconded the motion. The vote was unanimous. Work Session - Eagle County Room 1. Annual update from the Eagle River Watershed Council Maureen Mulcahy,Open Space Executive Summary: Annual update from the Eagle River Watershed Council provided by Holly Loff, executive director; James Dilzell,education&outreach coordinator; Bill Hoblitzell,watershed scientist(consultant); Sue Nikolai, Land&Rivers Fund program director; and Melanie Smith, development&communications coordinator. 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,Community Development 3 10/26/2021 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 South Fork 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. Chairman Scherr stated that public comment would be reopened so that folks could submit written and remote public comments. The board would consider comments related to the specific changes. Kris Valdez, contract planner for Eagle County,provided a project summary. She stated that short-term rentals had been eliminated from the proposal. Dominik Mauriello,Mauriello Planning Group, spoke about the applicant's increased commitment to community housing within the project. Of the changes proposed, at a minimum 61%of the units within the project would be deed restricted and available for the local workforce. If all 440 units were built,there would be a for sale residential occupied deed restricted housing commitment of 98 units, there would be 90 rental units most with AMI restrictions, and 82 additional units that could either be for sale or rental units. This left only 170 free market dwelling units within the project. The applicant also offered to reduce the tallest building height to 70 ft. Some clarifications were provided with respect to traffic. Again,the short term rentals had been eliminated. Commissioner Chandler-Henry asked if a fewer number of units were built,how that would affect the deed restricted units. Mr. Mauriello stated that the overall percentage of deed restricted and non-deed restricted would be in the same ratio. Commissioner McQueeney asked if the deed restricted units tied to AMI were slated to be in phase 1. Mr. Mauriello stated that 50%of the units would be built in the first phase. There was a provision in the PUD Guide that tracked those numbers. At no time would there be less than 50%of the units in a deed restricted fashion as the development proceeded through the development process. Chairman Scherr asked about the maximum height above grade on the Highway 6 side. Mr. Mauriello stated that the furthest building may never get to 35 ft. and in no case could it be greater than 35 ft. about that grade. Kris Valdez stated that the standards of approval had not changed and the PUD Sketch/Preliminary Plan had met the standards with conditions. The proposed zone change was in conformance with the Comprehensive Plan, and all the standards had been met. Tori Franks,Eagle County Housing Department, reviewed the proposed housing plan and indicated that the proposal met the Housing Guidelines. She stated that the project would provide a value of 110 price capped equivalent units. She reviewed the housing calculations and explained how the values were determined. Commissioner Chandler-Henry asked about the 98 RO(resident occupied)units for sale units and if they could benefit the county housing"Bold Moves"programs. Ms. Franks stated that there were likely two programs that could work, one was the downpayment assistant program and the other would be the buy down program. A minimum of 45 units were set aside in this buy down. To meet the minimum recommendations in the county's housing guidelines they must provide 110 price capped equivalent units; the value of their housing plan was 305, so they exceeded the housing requirements by three times. Commissioner Chandler-Henry asked about qualifications to get into the units and whether people telecommuting was acceptable since the goal was to provide local housing for the local workforce. Ms. Franks stated that there had been a lot of discussion on the matter. She clarified that a person could not move from another state and purchase a unit. They would need to establish residency in Eagle County first. Chairman Scherr wondered what would happen if the housing guidelines changed. Ms. Franks stated that the applicant was committing to what they knew today and the rules would lock in the definition of an eligible household. If changes to the guidelines were made in the future, she wasn't sure if the new definitions would apply. 4 10/26/2021 Beth Oliver,Deputy Eagle County Attorney, added that if the guidelines were to change internally,they would apply. But a deed restriction would not change unless there was a detailed amendment process. Kris Valdez reviewed conditions#13 and#17 and indicated that the intent of the conditions had been met and staff recommended removing them. Chairman Scherr opened public comment. Don Welch spoke in opposition to the application. He believed this was an impactful decision. He asked that the board not make a mistake. He wondered if there would be an exemption from property tax on the deed restricted units. He believed the developer was not a good Eagle County resident for not paying their own property taxes. Dwight Merriman spoke on behalf of"Friends for Sustainable Edwards." He stated that a majority of Edwards residents opposed the proposal. He asked the board to consider the implications of the proposal. He believed the development would be an eyesore. Joanna Kerwin spoke about the proposed 175 deed restricted units and didn't believe the number of units would be beneficial. She did not believe this proposal provided enough of public benefit to approve a rezoning. The only people who would benefit from the roundabout were the people living in the development. The roundabout would put a huge pressure on east bound traffic. She asked that the board deny the application. Spence Denison, Lake Creek Road resident, spoke. He believed the development would negatively impact the Edwards community. He asked the board to consider the real public benefit. The traffic situation and improvements were confusing. He did not believe a roundabout would solve any traffic problems. Gary Woodworth spoke. He encouraged the board to approve the project. Michael Hazard expressed full support for the project. He believed it was sustainable and a benefit as it was on the valley floor. Mark Hamilton, attorney representing"Friends for Sustainable Edwards"spoke. He reviewed some of the comments made by the commissioners in prior meetings and did not believe that the resident occupied(RO)units would make the project any more compatible. If the board considered approving the file,he requested that condition 38 be upheld and that affordable housing be spread throughout the project. Nan Procknow of Edwards expressed opposition to the project due to traffic and safety. Kara Homer of Edwards believed that even with the changes to the proposal it was not inline with the Comprehensive Plan Chris Neuswanger spoke. He believed the applicant was likely creating resident occupied(RO)units for a class of people who didn't need it. The condo fees and taxes would not be affordable. The infrastructure costs would be dumped on a limited number of people. He did not believe that anything had been accomplished and in many ways the proposal was worse. Patrick Zhang spoke. He moved to the area a year ago from the California Bay Area. He did not like the idea of a lot of new residential units but liked the idea of more commercial. Kerry Wallace spoke. She opposed the application. She lived at South Fork Meadows next to the proposed property. She asked the board to deny the application. The RO did not ease the local housing crisis. The applicant failed to provide a public benefit. She urged the board to say no. Teri Lester spoke. She asked the board to deny the application. The proposed changes should provide more buy down units. She suggested that the applicant take the density down and make the units more affordable. Matt Szmyd, Edwards residents spoke. He did not support the development and believed it was a detriment to the community. He believed the traffic would be made worse. He did not believe the proposal was within the scope or plan of the Edwards Community Plan. He believed it was an irresponsible development. Todd Williams spoke. He believed the project was perfect for the area. He supported the density. It was sustainable and a great project for the business in Edwards. Mike Trueblood spoke. He'd been a resident of Edwards since 2005. He now supported the project and was pleased that the project now proposed additional deed restricted units. Steve Lindstrom spoke. He believed the project had morphed into a more desirable project. The mix of units was a major benefit to the community, and he urged the board to approve it. 5 10/26/2021 Mr. Mauriello asked to submit a couple letters into the record from the Vail Chamber and Business Association and Doug Deschamps. Chairman Scherr closed public comment. Kelley Collier, Eagle County Chief Operations Officer, stated that she had received 30 or so public comments in writing and would scan those in for the board to review. Chairman Scherr stated that the meeting would adjourn for a break allowing for an opportunity for the board to review the additional public comments. Mr. Mauriello responded to a couple comments made during public comment. He believed that the process was what shaped a project. The community input, comments from the Planning Commission, and reactions from the Commissioners really shaped the process. In terms of the unpaid property taxes, of course the taxes would be paid. The property was in the name of the deceased applicant and was caught up in some estate issues. The traffic report was done assuming full occupancy so the fact that they would be going with resident occupied units would not make it worse; it was exactly the same as what was assumed in the analysis. In terms of a property tax exemption,the applicant was requesting a redemption from taxes. The housing authority would have to make the decision for the units that had a price cap on them. The RO units would be priced for less and priced with the market. It clearly stated in the Master Plan that four story buildings were considered to have a small town feel. Riverwalk was a good example of that. Commissioner Chandler-Henry asked Ms. Franks to verify that if the RO units were not sold,they would not revert to free market units. Ms. Franks stated that if a property was RO and did not sell, the deed restriction would not go away. Commissioner McQueeney asked if the affordable housing would be spread throughout various buildings. Mr. Mauriello indicated that the affordable housing would be spread out and they would not happen in a single building. Commissioner McQueening asked if there was something in the PUD guidelines that addresses grading or covering that would make the area not look like a construction site between phases. Ms. Oliver stated that there was nothing in the PUD guide that addresses construction activities. Mr. Mauriello stated that they would have to do something to keep an unsafe or unsightly condition buttoned up under general building code requirements. Ms. Oliver reminded the board that there were three applications on the table,the Zone Change, Plan for PUD,and 1041 permit and asked that the board make a decision on each of the applications in the order presented by staff in the presentation. Commissioner McQueeney spoke about the public benefits and discussed whether the public benefits outweighed the impacts. She appreciated the public comment but did believe the plan did conform to the Comprehensive Plan. The plan had changed considerably, and it felt very much as a community which would support the workforce. Chairman Scherr supported the reduction in building height, and the significant change in the affordable housing gave it more of a sense of community. The proposal was more dense than other areas in Edwards but addressed a housing issue and was a public benefit. He also believed the roundabout benefited the community. Commissioner Chandler-Henry stated that this had been a difficult project. Based on whether the proposal was compatible with the surrounding neighborhoods and whether it was in conformance with the Comprehensive Plan, she believed changes were hard but were good. The values that add to the small town characters were strong enough to weather the change. She believed that the community kept those values while there was growth and made room for neighbors. The project was in a community core,there was density, and there was open space. Housing was one of the biggest priorities in Eagle County and climate change was another. She believed that this project addressed both of those things. Housing was a basic need and it was important to ensure housing for working families. She believed the proposal met the standards and provided some community benefits. She believed this version of the plan allowed some creative work on affordable housing. 6 10/26/2021 Commissioner Chandler-Henry moved to approve file no. ZC-9029, incorporating staff's findings,as the application meets the standards for approval of a zone change, subject to the approval of file no. PDSP-9050. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to approve file no. PDSP-9050, incorporating staff's findings and conditions, as the application meets the standards for approval of a PUD Sketch/Preliminary Plan, subject to approval of file no. 1041-9030 Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved that the Eagle County Permit Authority approve the Edwards RiverPark 1041 Permit, file number 1041-9030, finding that the applicant has proven that the project, including the PUD conditions of approval, complies with all applicable provisions of the 1041 Regulations. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved that the Eagle County Board of County Commissioners waive the requirements for special use, in accordance with Chapter II, Article 3, Section 3.310.1.2,Waiver Provision,of the Eagle County Land Us Regulations. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. ham,EAGlec% There being no further bun C Board,the meeting was adjourned until November 9,2021. / 1.7)) .„.,(O ORP 0 Attest Ai / �Lt" %� Clerk to the Board airman 7 10/26/2021