HomeMy WebLinkAboutMinutes 08/30/2022 PUBLIC HEARING August 30, 2022 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Beth Oliver Deputy County Attorney Matt Peterson Assistant Deputy County Attorney Jeff Shroll County Manager 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: Constituent Input Chairman McQueeney opened and closed public input, as there was none. Commissioner Updates Commissioner Scherr reminded folks about the Mountain Pride event being held at Yeti's Grind in Edwards this evening supporting outreach to those looking to learn more about the LGBTQ community. Commissioner Chandler-Henry reported on a couple meetings she attended last week on behalf of the county. One was a meeting held by the Colorado Water Congress which was a gathering of water providers throughout the state. This year also included water managers from Arizona, Southern Nevada,and Utah. The topic was the Colorado River. The second was a meeting held by the Colorado Association of Ski Towns, and the topic of conversation was short term rentals. Chairman McQueeney reported that she attended a meeting with Executives Partnering to Invest in Children(EPIC). The discussion was about all issues with childcare from a business perspective. County Manager Updates Jeff Schroll introduced Brandon Daruna, the new Chief Executive Officer for Eagle County Paramedic Services. Mr. Daruna stated that he'd been with the organization for three months. He believed the organization had a stellar reputation locally,regionally,and nationally. He was very enthusiastic and passionate about his new position. Consent Agenda 1. Resolution 2022-069 Authorizing Assignment To The Colorado Housing and Finance Authority of a Private Activity Bond Allocation of Eagle County Pursuant to the Colorado Private Activity Bond Ceiling Allocation Act 1 • 08/30/2022 Kim Bell Williams, Housing 2. Assignment of Allocation by County for Multifamily Housing Facility Bonds/Single Family Mortgage Revenue Bonds to the Colorado Housing and Finance Authority Kim Bell Williams, Housing 3. Agreement between Eagle County Sheriffs Office and Corvinus for Internal Jail Camera System Greg VanWyk, Sheriff's Office, Detentions 4. Resolution 2022-070 Concerning Taxpayer Generated Abatement and Refund of Taxes-Request for Administrative Denial-R055199 Rhea Silverkorn, Administration 5. Resolution 2022-071 Concerning Taxpayer Generated Abatement and Refund of Taxes-Request for Administrative Denial -R009315 Rhea Silverkorn,Administration Commissioner Scherr moved to approve the Consent Agenda for August 30, 2022 as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Business Item(s) 1. Eagle Valley Regional Transportation Authority Intergovernmental Agreement Tanya Allen, ECO Transit Executive Summary: The BoCC is being asked to approve the attached resolution adopting an Intergovernmental Agreement(IGA)for the formation of the Eagle Valley Regional Transportation Authority (EVTA) and certifying a proposed ballot question for the November 8,2022 election. The IGA is the outcome of a collaborative,year-long process including Eagle County; the Towns of Avon, Eagle, Gypsum,Minturn,Red Cliff,and Vail; the Beaver Creek Metro District; and community stakeholders. The proposed RTA is intended to improve and expand transit service,increase ridership and efficiency across the valley's existing agencies,provide affordable or free transit to Eagle County's visitors and employee base, strengthen the connection between the valley's different communities and and advance the Board's climate goals by reducing car trips and increasing the use of electric public transportation. Tanya Allen, Regional Transportation Director,presented the IGA. She explained that the IGA was the outcome of a collaborative process that included Eagle County, all of the towns,numerous stakeholders,and municipal transportation providers in the county. The idea behind the RTA was to improve and expand transit service in the area, increase ridership, and provide affordable or free transit to visitors and employees. In addition to the IGA,there was a second resolution that forwards the IGA to the voters for approval. Commissioner Chandler-Henry believed this was exciting and important because it defined what Eagle County was trying to achieve by enhancing regional transportation services and addressing climate goals. Commissioner Scherr thanked everyone for their work. Chairman McQueanney expressed her appreciation and added her thanks to those who brought it to fruition. It was a heavy lift in a short amount of time. Jeff Schroll added his thanks. He hoped it would turn into a system of choice by both visitors and residents. 2 08/30/2022 Chairman McQueeney opened public comment. Brian Nolan, local business owner spoke. He expressed appreciation for all the work involved in the IGA and believed it was a community effort. He thanked the commissioners for their support. Mark Herron, Chairman of the Vail Valley Partnership spoke. The VVP represented over 900 businesses throughout the county. He believed this was essential for the business ecosystem. He thanked the board for their work and assured them they had the support of the VVP. Chairman McQueney closed public comment. Commissioner Chandler-Henry moved to approve the Eagle Valley Regional Transportation Authority Intergovernmental Agreement(IGA) Commissioner Scherr seconded the motion. The vote was unanimous. 2. Resolution 2022-072 Approving The Eagle Valley Transportation Authority Intergovernmental Agreement And Providing For The Submission To A Portion Of The Registered, Qualified Electors Of Unincorporated Eagle County, Colorado,A Question Establishing The Eagle Valley Transportation Authority And Authorizing The Levy Of A .5% Sales Tax In Order To Expand And Enhance Transportation Across The Eagle Valley, Said Question To Be Submitted At The Election To Be Held November 8, 2022;Prescribing The Form Of Ballot Question For Submission At Said Election,And Providing For Certification Of The Election Question To The County Clerk And Recorder. Tanya Allen,ECO Transit Commissioner Scherr moved to approve the Resolution to Approving The Eagle Valley Transportation Authority Intergovernmental Agreement And Providing For The Submission To A Portion Of The Registered, Qualified Electors Of Unincorporated Eagle County, Colorado,A Question Establishing The Eagle Valley Transportation Authority And Authorizing The Levy Of A .5% Sales Tax In Order To Expand And Enhance Transportation Across The Eagle Valley, Said Question To Be Submitted At The Election To Be Held November 8,2022; Prescribing The Form Of Ballot Question For Submission At Said Election,And Providing For Certification Of The Election Question To The County Clerk And Recorder. approve the EVTA IGA and Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Commissioner Chandler-Henry noted that this meant that the county could not advocate for this ballot issue and would remain neutral. This would not affect the county's commitment to transportation in the Roaring Fork Valley portion of the county. 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 Scherr seconded the motion. The vote was unanimous. Eagle County Housing and Development Authority 1. 2022 Riverview HAP Renewal for the OCAF and Rent Schedule Approval for November 2022 through October 2023 Daniel Murray, Housing Executive Summary: Everyyear, a new Rent Schedule is published which outlines the market rents HUD Y assigns to the units at the Project Based Section 8 complex, Riverview Apartments. As management,we are 3 08/30/2022 residents are a fair utilityallowance in addition to the required to perform a Utility Analysis to ensuregiven updated rents. The rents for 2022-2023 increased by roughly 2%and the annual rent revenue for Riverview went up approximately$30,000. This rental increase does not affect the subsidized tenants as they will continue to pay 30%of their Gross Annual Income. The rent increase reflects market changes to the rental rates in the community. Mr. Murray,Housing Portfolio Manager stated that this was an annual Riverview Hud Assistance Payments review. This year they received a 1.9%increase. All the extra funds would be used for upkeep and paying down debt. Commissioner Scherr moved to approve the 2022 Riverview HAP Renewal for the OCAF and Rent Schedule approval for November 2022 through October 2023. 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 Scherr seconded the motion. The vote was declared unanimous. Public Hearing Colorado Mountain College Road Impact Fees Waiver Rickie Davies, Staff Engineer Executive purpose: The of this meeting and discussion is to provide Colorado Mountain College the opportunity to formally request the waiver of the road impact fees associated with 2 36 unit housing buildings and to allow the BOCC the ability to deliberate on the request. Mr. Davies, Eagle County Staff Engineer, stated that CMC was in the process of developing two multi-family dorm style housing projects. There would be two buildings, each would have 36 units consisting of 12 studios and 24 two bedroom units,the total unit count would be 72 units. The campus was located on Miller Ranch Road in Edwards. He explained that road impact fees helped fund projects made necessary as a direct result of growth. Eagle County LUR Section 4-710.E.3 states that the BoCC may waive the applicable road impact fee on the development of low or moderate-income housing or affordable employee housing. According to the road impact fee schedule the fee would be $218,448. The development would need to meet the definition of"affordable housing,""low income housing," "moderate income housing,"and"qualified employee" in order for a waiver to be allowed. Tori Franks,Eagle County Resiliency Director, explained that CMC submitted a waiver request letter which laid out their case as to why they met the definitions and why they would be eligible for a waiver. Building 1 would be owned and operated by CMC and available specifically for CMC students enrolled in the college. CMC offered that if the building were used for anything other than student housing,they would repay the road impact fee waiver. Building 2 was slightly different. The construction of building 2 was being funded by the Eagle County Housing and Development Authority and rental rates would be restricted and 100%AMI or below. The building would be used for housing Eagle County employees and CMC employees working for a minimum of 16 hours per week. She stated that it was staff's recommendation to approve the waiver. Sean Nesbitt,Director of Facilities for CMC, stated that they were definitely looking at under 80%AMI. Beth Oliver, Deputy Eagle County Attorney, stated that if the board approved the request,the approval would be incorporated into a resolution and include the proposed conditions of approval. 4 08/30/2022 Commissioner Scherr moved to approve the CMC's request for waiver of the Road Impact Fees assessed in connection with the Project and Eagle County Planning File Nos. LEA 9267-2022 and LEA 981-2022,adopting staff's findings and conditions. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Work Session Early Head Start Annual Grant Application&Waiver for Portion of Non-Federal Share Kendra Kleinschmidt,Human Services Executive Summary: EHS respectfully requests approval of the annual EHS grant application and approval to request a waiver of a portion of the non-federal share. The EHS team will present the grant application to the BoCC and provide updates related to program goals, school readiness goals and detailed information about the non-federal waiver request. 2023 will be the fourth year of a five year grant cycle. The program continues to operate very similarly to previous years and as a result this application contains similar information as to what was approved and submitted in 2021. There are a total of four forms that require BoCC signature: (1)a letter approving the grant application, (2)a federal form for the grant application called the SF-424, (3)a letter approving the waiver, and(4) a federal form for the waiver called Sf-424. Planning File - Eagle County Room 1. PDA-9175 Riverwalk at Edwards PUD Amendment David McWilliams, Community Development Project Name: Riverwalk at Edwards -Amendment to Preliminary Plan for PUD File No.: PDA-9175-2021 (accompanying Planning File under separate cover and approval is 1041 FONSI-9176) Location: All properties,including open space and common areas properties, are located within the Riverwalk Planned Unit Development and the Riverwalk Subdivision, Edwards Area Owner: Various Applicant: Riverwalk Property Owners Association Representative: Mauriello Planning Group, LLC Staff Planner: David McWilliams,AICP,Associate Planner Staff Engineer: Taylor Ryan,PE, Senior Staff Engineer County Attorney: Matt Peterson,Assistant County Attorney I. EXECUTIVE SUMMARY The Applicant requests approval of an Amendment to Preliminary Plan for PUD to the Riverwalk at Edwards(the"Application") located in the Riverwalk Subdivision(the"Property"). Specifically, the request for an amendment to the PUD includes the following: • General clean-up, formatting, and organization; • Allowance of trash and recycling facilities and compactors on an open space tract in a specific location; • Simplification to the calculation of gross floor area based on assessor information; 5 08/30/2022 • Increase in allowable Net Floor Area and Residential Floor Area; • Clarification of building names and original PUD identifiers; • Allowance of additional building height for Building N: Theater Building; • Provision that any additional development for the Theater Building is subject to current Eagle County Housing Guidelines; • Updated PUD reference map based on developed conditions; and • Adding in Eagle River Water and Sanitation standard water conservation language as an appendix to the PUD Guide. The evaluation of the Application against the standards of approval for the Amendment to the Preliminary Plan for PUD has led staff to conclude that a positive finding can be made for all standards of approval. Staff recommends approval for the Amendment to Preliminary Plan for PUD without additional conditions. Dominic Mauriello, Planning Group,LLC reviewed the proposal. The Riverwalk PUD was adopted in 1993 and included a mix of uses. The PUD was amended in 2003 and construction completed in the mid 2000's. The Riverwalk was a mixed use community, consisting of a variety of retail and restaurant uses, office uses, residential units, and workforce units. The Property Owners Association(Riverwalk POA) saw the need to address some of the provisions in the PUD Guide and the proposed amendments were primarily driven by the needs of the owners within the Riverwalk to adapt to changing needs. The theater building was facing challenges with an ever-changing movie industry. The owner of the theater was proposing to create opportunities for the site that would maintain the existing theater use,but also diversify the uses and allow the theater to remain viable. Grant Williams,the owner of the Riverwalk Theater,wished to reduce the size of the theater. The theater had approximately 9,659 sq. ft.,with a seating capacity of 565 seats. The goal was to reduce the size of the theater and modify the seating to accommodate approx. 200 seats and convert a portion of the theater lobby to a restaurant with seating for approximately 150 people. In addition,he wished to add 18 new units. In terms of parking there were no changes to the parking plan. The theater modification removes some of the existing theater seating area, thus reducing the parking needs for the theater. Even after the proposed addition of 18 units, there was still a surplus of approximately 4.39 parking spaces. To meet the housing guidelines the applicant was proposing 5 units of Resident Occupied for sale housing+ 5 housing credits. The water rights would be purchased just for the theater;the addition of new floor area and dwelling units triggered a requirement for the purchase of new water rights to serve the new units. The trash facility was an extremely noisy operation which was disruptive to the residents. The applicant proposed a new trash pickup location in an area designated as an open space parcel, Tract A. He summarized the referral comments and indicated that the proposed amendments were consistent with the Eagle County Land Use Regulations and the Edwards Area Community Plan. Mr. McWilliams presented the staffs presentation. The proposed amendment was a general clean-up, allowance of trash and recycling facility, clarification of building names, updated PUD reference map, allowance of additional building height for Building N(the theater building), and adding in Eagle River Water and Sanitation standard water conservation language as an appendix to the PUD Guide. Public notice was provided. Forty-four referral agencies received the file. Three responded with comments. Some of the concerns related to parking and the trash compactor location. The new compactor location would minimize disturbance, and the Riverwalk provided underground parking that seemed underutilized. Staff encouraged the applicant to work on making the underground parking a more inviting experience. In terms of character and scale, four stories may be appropriate for the area. There would be no change to the common recreational facilities as approved in the original PUD. and would remain compliant with the minimum open space requirements with the addition of 18 dwelling units. qThe Planning Commission recommended approval at the public hearing on August 3,2022 by a vote of 6-0. Mr. McWilliams reviewed the standards and stated that based on a thorough analysis of the materials as presented. Staff found that the standards were met. Commissioner Chandler-Henry asked about the letter to serve by the water authority. 6 08/30/2022 Mr. Mauriello stated that a letter to serve was given to the project with an expiration date in November of this year, so the applicant had been working with the Water District to formalize the agreement. The conditional letter would turn into an ability to serve letter. Commissioner Chandler-Henry requested a copy of the letter of approval. Chairman McQueeney stated that there was some confusion regarding the Garnet Building with the Riverwalk opposing the application. She also asked about the trash compactor location on an open space parcel. Todd Williams, Riverwalk at Edwards Community Manager stated that the POA was composed of 14 members, each building being a member. There needed to be an approval of 67%of the members. During the process, letters were sent out to each of the members and they received 12 positives of the 14. There were two members that did not respond. The board that was composed of three owners with the building expressed a concern with parking. He believed the parking study addressed those concerns. Matt Peterson,Assistant Eagle County Attorney, clarified that consent could be based on majority vote even if all members did not agree. He believed there was proper authority to submit the application. Commissioner Chandler-Henry asked if there was any documentation from the River Pines stating that they were no longer opposing the amendments. Mr. Mauriello stated that there was an email sent to the county by the River Pines Association president stating that all concerns had been addressed. He also submitted a copy of the written agreement. Commissioner Scherr asked if recycling was required in the PUD or if it was optional. Mr. Williams stated that when the original PUD was written there wasn't a lot of recycling. In about 2012 he started a recycling program. It was not required,but residents had been utilizing the service. Chairman McQueeny opened public comment. Chris and Nicole Heiden, owners of the Main Street Grill expressed opposition. They stated that the outreach to the neighbors was limited and they were never informed. The amendment would greatly impact their business. Their biggest issue was parking,the current parking situation had been a nightmare and they had people utilizing Uber to get to and from their restaurant. The eighteen proposed units,new restaurant, and staff would significantly impact parking. The building height would impact the sun on their deck and they wondered if they would be compensated for their losses to revenue. The construction was expected to last for two years which would also impact all the businesses and residents of Riverwalk. Kris Miller,Homestead resident, spoke. She believed that putting trash on open space may set a precedent and agreed with all the parking concerns. Chairman McQueeney closed public comment. Commissioner Chandler-Henry asked about the housing requirement and if it had been reviewed by county housing staff and requested additional information with regards to the resident occupied restriction. Mr. McWilliams stated that Tori Franks reiterated that she had reviewed the application and confirmed that she was comfortable with the new calculations. The five units met all the applicable standards. Mr. Mauriello stated that the RO requirement stayed in place in perpetuity. Chairman McQueeney asked about the shade impacts to local businesses. Mr. Mauriello stated that he received today an analysis of what the shading impacts would look like on the project. He believed that there would be some shadows cast on the Main Street deck for a time depending on the time of year. Chairman McQueeney asked about the impacts of construction on parking. Mr. Mauriello believed this was an internal issue needing to be worked between the businesses and the POA. This was not a county issue. Chairman McQueeney asked about the community outreach. Mr. McWilliams stated that the project was properly notified in terms of the Eagle County Land Use Standards. 7 08/30/2022 Mr. Mauriello stated that a sign was posted in two locations at the beginning of July and every owner within the complex was sent a letter. Mr. Williams stated that the topic was discussed during their monthly meetings with the POA. The notices of meetings were posted on the website and provided to building managers and owners. Commissioner Chandler-Henry asked about the comments made by the Eagle County Planning Commission(ECPC). Mr. McWilliams stated that ECPC expressed parking as being a potential issue with the project but ultimately trusted that the numbers presented in the application could work and were compliant with code. The ECPC also discussed whether the process of a PUD amendment was the correct process to address a change in use of open space with regards to the new trash compactor location. Commissioner Scherr asked if shading would be a component of any of the standards. Mr. Peterson stated that there was no specific standard before the board that allowed the board to consider shading within the property itself where a majority of property owners had signed off on the application. He also pointed out that there was no right to shading, air space, or view corridors in the current PUD guide. Commissioner Chandler-Henry asked Mr. Peterson if the standard regarding adjacent properties had to do with properties adjacent to the whole Riverwalk PUD not adjacent to the theater. Mr. Peterson stated that the amendment affected the entire PUD property so adjacent properties would be properties such as RiverPines or the Gashouse. Commissioner Chandler-Henry asked about the open space property and if there were any requirements as far as percentage of open space. Mr. McWilliams stated that to the best of his knowledge,there was not. As noted,those standards were met in this application. Commissioner Scherr stated that the board was only allowed to consider the standards. He agreed with the staff and believed the standards had been met. Commissioner Chandler-Henry stated that the standards for PUD amendment had been met. Chairman McQueeney concurred that the standards were met but the POA had a lot of work to do with the Open Space. She believed there should be ways to address the parking issues. Commissioner Scherr moved to approve file PDA 9175-2021, incorporating staff's findings,because this application met the standards for approval of a PUD Amendment. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room Broadband Update -Unincorporated Eagle County EAGlic There bein no further busines b d,the meeting was adjourned until September 6,2022. °boaAo° InA Cl Attes ljju2-46 'Clerk to the Board Chairman 8 08/30/2022