HomeMy WebLinkAboutMinutes 12/20/2022 PUBLIC HEARING December 20, 2022 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager 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: Constituent Input Chairman McQueeney opened public comment. John Staight of Eagle shared some news about a documentary titled"Take Your Pills"now showing on Netflix. The film's executive producer was Maria Shriver. The show raised questions about over prescribing of anti-anxiety medications. He spoke about the film's focus,and his participation in the film. He believed the film was excellent but not perfect. One of the psychiatrists in the film used addiction language far too casually. The film joined a growing list of documentaries about this topic. He was optimistic and very grateful that his concerns and experience were being noticed locally. He thanked Commissioner Chandler-Henry for taking the time to meet with him in October. He was passionate about this topic because he didn't want any of his friends or neighbors here in Eagle County to go through what he'd been through. Alex Mintling spoke in support of Mr. Staight. He praised the folks who supported mental health and thanked the board for its support. He hosted a podcast called"The Builders Journey." Chairman McQueeney closed public comment. Commissioner Updates Commissioner Scherr wished everyone a happy holiday. He believed it was a grounding time of year,and a time to think of others. He recognized all the non-profit organizations in the community that did so much for so many. Commissioner Chandler-Henry wished everyone a happy holiday. Chairman McQueeney stated that she looked forward to the work the county would be doing in 2023. This was an opportunity to reflect on the past year as we approach the holidays. It took everyone working together to achieve the county's strategic plan. There were some big goals around housing, child care, and transportation. County Manager Updates Jeff Shroll acknowledged the airport team for securing new flights. He congratulated and thanked John Staight for his work on the issue of mental health, and he was excited to see the documentary. He wished everyone a Merry Christmas,and thanked all the Eagle County folks and staff for all their hard work throughout the year. 1 12/20/2022 Consent Agenda 1. Purchase of 2 Electric and 2 Diesel Bus Replacements Tanya Allen,ECO Transit 2. 4th Amendment to the contract for US 6 West Edwards Improvements Design-FHU-Time Extension Rickie Davies,Engineering 3. Resolution 2022-012 Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners, Office Hours, Legal Holidays, and Payroll for Fiscal Year 2023 Dani Moore,Administration 4. 2023 Annual Appointments Resolution Dani Moore,Administration 5. Resolution 2022-013 Approving Investments in CSIP Local Government Money Market Fund Teak Simonton, Treasurer 6. Cooperative Forest Road Agreement Between Eagle, County Of and the USDA,Forest Service White River National Forest Nicole Trujillo,Road&Bridge 7. Memorandum of Understanding between The State of Colorado Department of Early Childhood and the Board of County Commissioners Kathleen Lyons,Human Services 8. 2023 Authorization to Bind Insurance Coverage Abby Dallmann,Finance Chairman McQueeney stated that the 2023 Annual Appointments Resolution would be pulled and would be placed on the January 3rd agenda. Commissioner Scherr moved to approve the Consent Agenda for December 20,2022 as presented, excluding Item 4. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Business Item 1. 2022 Mill Levy Certification for 2023 Anna Earl,Finance Executive Summary: 2022 Mill Levy Certification for the 2023 budget for all districts in Eagle County. Anna Earl,Finance Manager stated that the board would be certifying the mill levies and revenues for all jurisdictions in Eagle County and upon approval would also give the Finance Department the authority to send the certification of levies and revenues to the State, Eagle County Assessor, and Treasurer's Office. The process 2 12/20/2022 spans about a month and begins at the end of November when the Assessor's Office sends out the certification of values to each jurisdiction. During the review,the Assessor's team found a mistake. Mark Chapin, Eagle County Assessor, stated that Union Pacific track miles were transposed inadvertently, and in doing so,they were undervalued by$390,000. In rendering the correction, it impacted three tax authorities: the School District,Minturn Cemetery District and the Roaring Fork Transportation Authority. Ms. Earl wondered if it would be possible to postpone signatures to Thursday until they heard back from the three entities. Commissioner Chandler-Henry moved to approve the 2022 Mill Levy Certification changes for 2023. Commissioner Scherr seconded the motion. The vote was declared unanimous. Commissioner Scherr 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. Chairman McQueeney excused herself from the meeting. Eagle County Housing and Development Authority (ECHDA) 1. Conditional Commitment Letter for housing partnership at Habitat for Humanity's 3rd Street development Tori Franks, ECHDA Executive Summary: Through the Conditional Commitment Letter ECHDA will commit$3,080,000 to help fund a portion of the subsidy needed for Habitat for Humanity to develop 16, 3 bed 2 bath,price capped affordable units in Eagle. Tori Franks,Eagle County Resiliency Director, talked about the partnership between the county and Habitat for Humanity. Habitat had entitlement, and was moving forward on a development in Eagle for 16 duplexes, however,there was a funding gap. Habitat approached the Housing Authority asking for funding to help fill the gap. The commitment letter before the board was a commitment by the ECHDA to earmark $3,080,000. Written agreements were forthcoming. It was important to get the commitment letters signed to allow Habitat to move forward on their next step for construction. John Welaj, Executive Director for Habitat for Humanity, spoke. This was the largest amount of money they had ever received in their 27 year history. He thanked the board and staff for their support. There was still additional funding to be raised. Commissioner Chandler-Henry believed it was a historical partnership. Commissioner Scherr moved to approve the Conditional Commitment letter for housing partnership at Habitat for Humanity's 3rd Street development. Commissioner Chandler-Henry seconded the motion. Of the two voting commissioners,the vote was unanimous. 2. Conditional Commitment Letter for housing partnership at Haymeadow Phase 1 Tori Franks,Resiliency Executive Summary: With the Conditional Commitment Letter ECHDA commits to funding the deposit, $6,880,000, of the bulk sale of 43, 2 bed and 2 bath units at Haymeadow Phase 1. 3 12/20/2022 Ms. Franks stated that the Haymeadow commitment letter would follow the same process as described for Habitat. Haymeadow was preparing to begin construction on Phase 1, 76 units. They offered a bulk sale agreement with ECHDA to purchase 43,2 bedroom 2 bath condos in Eagle. This commitment letter would set aside $6,880,000, estimated subsidy overall in this project. The Housing Authority would purchase 43 units over time as the buildings are constructed and ready,then resell them with a price capped deed restriction to eligible households. They negotiated a market rate sale for each of the units at$600,000. She estimated the full value of the purchase to be near$26 million dollars. The entirety of Phase 1, all 76 units with the Housing Authority's partnership would be deed restricted for locals. The next big step in the process would be negotiating and executing a bulk sale agreement. Commissioner Scherr moved to approve the Conditional Commitment letter for housing partnership at Haymeadow Phase 1. Commissioner Chandler-Henry seconded the motion. Of the two voting commissioners,the vote was declared unanimous. Commissioner Scherr moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Board of Health. Commissioner Chandler-Henry seconded the motion. Of the two voting commissioners,the vote was unanimous. Eagle County Board of Health - Eagle County Room 1.Resolution 2022-104 Adopting Eagle County Regulations for Secure Transportation Services Heath Harmon, Public Health Mr. Harmon, Eagle County Public Health and Environment Director, spoke about the goal to improve transportation for behavioral health clients. House Bill 21-1085 created a regulatory and service system to provide secure transportation services,with different requirements for traditional ambulance services, for individuals experiencing a behavioral health crisis. The department of human services shall allow for the development of secure transportation alternatives. The requirements of the HB were that the Colorado Department of Public Health and Environment would set some minimum standards in terms of what needed to be incorporated for these services to exist. Boards of County Commissioners were in a position to regulate local licensing. The key components of the regulations were the minimum requirements set by the Colorado Department of Public Health and Environment. Public Health would serve as the licensing administrator for Eagle County and provide the administrative inspections for the vehicles. The BoCC would be in a position to approve and adopt new regulations or resolutions and hold the Public Health Department accountable. Commissioner Chandler-Henry wondered how one would access this service. Mr. Harmon stated that most likely,transportation would be referred to by a provider. Commissioner Scherr asked about the existing emergency service providers. Mr. Harmon stated that currently they were the transportation service providers. The goal was to create more vendors in the community to serve more clients and needs. Commissioner Scherr moved to approve the resolution adopting Eagle Count Regulations for secure transportation services. Commissioner Chandler-Henry seconded the motion. Of the two voting commissioners,the vote was declared unanimous. 4 12/20/2022 Commissioner Scherr moved to adjourn as the Eagle County Board of Health and reconvene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. Of the two voting commissioners,the vote was unanimous. Planning Files - Mt Sopris Room 1. Otto Subdivision- SMB-009264-2022 David McWilliams, Planning Executive Summary: Divide 128 Ronce Lane into two properties to produce a new developable lot. The proposed lot split would result in two parcels, Lot 3A(2.78 acres)and Lot 3B (2.88 acres). File Type: Minor Subdivision Type B File Name: Otto Subdivision 128 Ronce Ln File Number: SMB-009264-2022 Location of Land: 128 Ronce Lane, El Jebel Area,Parcel No. 2391-334-02-003 Applicant: Greg Otto Staff Planner: David McWilliams,AICP,Associate Planner Staff Engineer: Julie Pranger,PE, CFM, Staff Engineer County Attorney: Matt Peterson,Assistant County Attorney Recommendation: Approval With One Condition David McWilliams, Eagle County Staff Planner,presented the meeting agenda. He introduced Greg Otto, the applicant. Mr. Otto stated that he'd owned the property for almost six years. He wished to create a lot for a single family dwelling which would also allow for an ADU. He believed his request was pretty straightforward and was glad to answer any questions. Mr. McWilliams presented the project summary. Eagle County Land Use Regulations allow for the division of property through a Minor Subdivision process when the application complies with applicable zone and district standards. The application required two prior applications, a Variance to Improvement Standards(VIS) and Finding of No Significant Impact(FONSI)which were administratively approved. Proper notice was posted on the property and published in the newspaper. Notices were mailed. No public input was received. He reviewed the standards and indicated that the application was in conformance with all applicable requirements. Commissioner Chandler-Henry asked if the onsite wastewater treatment system that had been approved for up to four bedrooms included the ADU. Mr. McWilliams stated that in order to subdivide the property, it was a question of whether a system could be built rather than the exact specification of the system. The engineer hired by the applicant confirmed that up to a four bedroom household would be supported and any additional density would have to be confirmed in a similar process at building permit. An ADU was allowed on the property subject to all the additional standards being met for water and wastewater. Chairman McQueeney opened and closed public comment, as there was none. Commission Scherr believed the application was straightforward and agreed with staff that the standards had been met. Commissioner Chandler-Henry concurred with the staff's findings that the standards had been met with the addition of the one condition. 5 12/20/2022 Chairman McQueeney added her agreement as well and expressed appreciation for the work by the applicant and staff. Commissioner Scherr moved to approve file no. SMB 9264-2022, incorporating staff's findings and one condition because this application met the standard for approval of a Minor Type B Subdivision. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. The Fields: Combined Sketch and Preliminary Subdivision Plan, SSP-9165-2021,Zone Change, ZC-9136-2021,Variation from Improvement Standards,VIS-9169,Areas and Activities of State Interest 1041 Permit, 1041-9137 Vince Hooper,Planning Executive Summary: This is a continuation of the hearing started on August 17, 2022,which was subsequently tabled on August 29,2922 and again on October 11, 2022 for consideration of Applications for a residential development with a mix of housing types providing up to 135 residential units. The Applicant requests approval of an Amendment to the Official Zone District Map("Zone Change")from Rural Residential(RR)to Residential Multi-family(RMF). The Applicant requests approval of a combined Sketch/Preliminary Plat Application,a Zone Change Application, a Variation from Improvement Standards,and a 1041 Permit(collectively the "Application') . for a 19.39 acre parcel located north of and adjacent to Valley Road,west of El Jebel Road, and south of Highway 82. Project Name: The Fields File No.,: SSP 9165-2021,ZC 9136-2021, VIS 9196-2021 Location: 554 Valley Dr. Basalt Area Owner: Fields Development Group, LLC Applicant: Whit Whitaker, Manager Representative: Jon Fredericks, Landwest Colorado, LLC Staff Planner: Vince Hooper Staff Engineer: Rickie Davies County Attorney: Matt Peterson Recommendation: Zone Change -Approval with conditions Combined Sketch/Preliminary Subdivision Plan -Approval with conditions Variance from Improvement Standards-Approval with conditions Vince Hooper,Eagle County Staff Planner,presented the meeting agenda. This was a continuation of a meeting held August 17th. At that time,the board continued the public hearing. The board had several questions and requested that staff return with some answers. Since that time,the applicant had provided supplemental information and staff had instituted a second round of referral comments. He noted that January 31st had been reserved for a continuation of this hearing. Jon Fredericks, land planner, stated that the applicant would be responding to some specific questions that the board had at the last hearing and providing some details on their revised affordable housing program. With regards to the water rights and proposed pond on the property,there were two ditches on the property. The Fields owned 22.2%of the water right in the Arlian Ditch. The watering schedule was unique as it gave every owner a certain number of hours of allocated use every three weeks. They were not proposing any changes to the watering schedule and would comply with the rules and regulations of the Arilian Ditch Company. They would be diverting water out of the Arilian Ditch in the southern portion of the property into the proposed pond. The pond would be used to irrigate. They would be entering into a contract with the Basalt Water Conservancy District to cover the evaporation losses. In summary,they had more than sufficient water rights to irrigate the property as proposed. 6 12/20/2022 Regarding the off street parking variance,the applicant was requesting the variance to allow two pods of on street parking to accommodate visitors. The benefits of having the parking area would be to preserve open space, reduce stormwater runoff, and reduce impervious surfaces. It was a good design and avoided potential impacts or hardships that might occur to future residents of the project. With regards to the offsite pedestrian connection and whether it could be considered as a public benefit,they committed to one of two potential alignments. The property was zoned rural residential which meant the current zoning would allow one dwelling unit per two acres. The result would mean eight estate homes and one affordable housing unit. Evan Schreiber,partner,reviewed the surrounding densities. Everything that they were seeing that was published by the county and in many other municipalities encouraged higher density utilizing land in an efficient manner. The Hwy 82 character area encourages higher density, encourages residential uses in close proximity to commercial and transit service areas, and promotes development of adequate workforce housing. Based on the feedback from the board,the housing plan needed some work. The applicant revised their plan. The Fields now had 88 unit credits, 65%of the total project. Since the last hearing, this was an increase. They took the door count from 27 units up to 54 physical doors. They were AMI price capped and Resident Occupied(RO)units. There were 34 AMI units in the new proposal and 20 RO units. In summary,they believed they more than doubled the public benefit since the last hearing. Lastly,he summarized the proposed public benefits: Valley Road and pedestrian connections, intersection improvements, and affordable housing. Mr. Hooper stated that he provided an addendum that only focused on the new information. Following the August 17th hearing, staff reviewed the referral agency request that had been previously provided and discovered that there were three agencies that had not been notified: the Arlian Ditch Company,Harrison Reed Ditch Company, and Mt. Sopris Conservation District. A new referral period was initiated for just those three agencies and responses were received back from Arlian Ditch Company and Harrison Reed Ditch Company. Staff reviewed the responses and found that the application was still in compliance and had no negative impacts. Chairman McQueeney added that the Roaring Fork Valley Regional Planning Commission also reviewed the referral comments and passed it forward a second time with a recommendation. Commissioner Chandler-Henry asked if a response was received from the Mt. Sopris Conservation District. Mr. Hooper stated that he reached out a second time and did not receive any written or verbal comments from them. He moved forward with the supplemental information provided by the applicant. He found the County's Housing requirements complicated and had relied on county staff. Tori Franks was on the line to answer questions. Staff determined that the revised affordable housing plan was in conformance and increased the public benefit. He reviewed the supplemental traffic data and based on the evaluation of the development's impacts on public infrastructure,there was adequate infrastructure in place to serve the development with the addition of the proposed roadway improvements. With regards to the parking variance request, the American Association of State Highway and Transportation Officials(AASHTO) Green Book supported the use of on-street parking in roadway situations similar to the Fields. A finding of a hardship was required under ECLUR Section 5-260.G.2. Staff had weighed the hardship of the existing ECLUR against the adverse impact on the health, safety,and welfare of persons and lands affected, and had concluded the hardship outweighed the potential adverse impacts as the impacts were minimal. Tori Franks,Eagle County Resiliency Director,weighed in on the applicant's proposed housing plan and believed that overall,the proposed plan exceeded the recommended requirements. Commissioner Scherr asked if the price capped units could be rented, and if so, if there was a concern with additional fees being included outside of the rent. He wondered if there was an assurance that additional fees would not be added. Ms. Franks stated that the rental rate,between 80-100%AMT,:was inclusive of utilities and any other required fees. Matt Peterson,Assistant Eagle County Attorney, stated that the affordable housing guidelines account for the maximum rental rates. As far as the file itself,there could be additional conditions placed on the file ensuring the affordable housing would follow what had been represented by the applicant. Mr. Fredricks stated that if a unit were to be rented by an owner,they would have to verify the eligibility to the Housing Authority that they continue to comply with the restrictions in place. Chairman McQueeney asked what had changed in the traffic study and counts. 7 12/20/2022 Rickie Davies,Eagle County Staff Engineer,reviewed the level of service(LOS). He explained that Eagle County needed to function at a LOS "D" or better which was based on the Colorado Highway Capacity manual. It had been determined to look at the intersection as a whole and that's how they got to a service level"D,"and how it met the standard. Commissioner Chandler-Henry believed the math seemed shady. She wondered why a variance wasn't requested. Mr. Davies didn't believe there was another way to make the LOS more fair. Because the average delay was 44 seconds. Chairman McQueeney believed the last time there was a conversation about traffic studies,they were calculated differently. Mr. Fredricks stated that he did not recall being asked to specifically calculate the LOS for the El Jebel Road intersection. They had a meeting with Ben Gerdes, Eagle County Engineer,and Greg Schroeder,their traffic engineer,and talked through the methodology and what made sense. They were directed to go to the methodology that was provided in the memo provided on November 18th. Chairman McQueeney wished to talk more about the trail. Mr. Fredricks stated that this was a discussion topic with the Planning Commission,and during those hearings,they got a better understanding of the importance of the pedestrian connection. Their intent was to build a trail in one of two locations, either on the Forest Service parcel or the north side of Valley Road. Mr. Hoopers stated that the trail provided a connection to RFTA which helped the application get a reduction in the traffic impact. However,the traffic calming for connection from the other neighborhoods at the pedestrian crossing was an addition to what's required. Chairman McQueeney wondered if the Fields density was decreasing as it moved away from the commercial core or was bumping back up. Mr. Hooper stated that the density was increasing. Commissioner Chandler-Henry added that the current zoning did decrease,but this proposal,upped the density. Mr. Hooper stated that most of the parcels started out at a lower density and individually resubdiving doubled the density and in some cases more. Mr. Schreiber stated that there was a hodge podge of different densities from one property to the next. There was no language in the FLUM that talked about what happened within a zone. The applicant believed the proposed density was compatible with the surrounding land uses. The scale was following all the dimensional standards purpose by the county and was harmonious with existing and permissible uses. Density was not contemplated here. Commissioner Chandler-Henry moved to table the files File No.,: SSP 9165-2021,ZC 9136-2021,VIS 9196-2021 and 1041 Permit until January 31, 2023 at 4:00 PM Commissioner Scherr seconded the motion. The vote was declared unanimous. There being no further business =,P - : r: •,the meeting wa,adjourned until January 31, 2023. cco <ORA00 Attest: lerk to the Board Chairman 8 12/20/2022