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Home My WebLink AboutMinutes 10/24/2023 PUBLIC HEARING October 24, 2023 Present: Kathy Chandler-Henry Chairman Matt Scherr Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Bryan Treu 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: Constituent Input Chairman Chandler-Henry opened and closed constituent input, as there was none. Commissioner Updates Commissioner McQueeney thanked everyone who showed up for The Mountain Towns 2030, a training event that took place in Vail. There was a lot of participation, and she left feeling that the county was on a good path for climate action. Commissioner Scherr commented on the passing of Vi Brown. The Brown family started Buddy Warner and was a founding family for the spirit of Vail. There was a service for Ms. Brown in Vail at the Donovan Pavilion on November 1. Chairman Chandler-Henry highlighted the one month anniversary of the new National Monument at Camp Hale. There was an event over the weekend commemorating the monument. County Manager Updates There were no updates from the County Manager's office. Consent Agenda 1. Animal Shelter& Services Intergovernmental Agreement with the Town of Red Cliff for 2024-2026 Nathan Lehnert,Animal Shelter& Services 2.Animal Shelter& Services Intergovernmental Agreement with the Town of Minturn for 2024-2026 Nathan Lehnert,Animal Shelter& Services 1 10/24/2023 3. Animal Shelter& Services Intergovernmental Agreement with the Town of Avon for Animal Sheltering 2024-2026 Nathan Lehnert,Animal Shelter& Services Commissioner Scherr moved to approve the Consent Agenda for October 24,2023 as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Item 1. Settlement Authorization Regarding JUUL Labs, Inc. Executive Summary: In 2020,Eagle County joined a class action to combat youth vaping. We settled with JUUL Labs in February of this year and the Eagle County Attorney's Office is now seeking settlement with the remaining defendants,Altria(Phillip Morris). Bryan Treu,Eagle County Attorney,provided some history on the case. The commissioners authorized his office to join a class action lawsuit in 2020 to fight the marketing techniques used to target minors in the promotion of vaping products. The JUUL case included 1500 government entities, over 10,000 individuals,and approximately 40 Native American tribes. The Phillip Morris suit included 1500 governmental plaintiffs, 8500 individuals; in Colorado there were 5 entities that joined: Eagle County,Pitkin County,Boulder County,Jefferson County, and the City of Denver. He recognized all the work by the Public Health office as it was a lot of work to demonstrate the negative impact to the youth in Eagle County and the school district. He believed the non-monetary benefits were more important. Of all that money,the county ended up with about$100,000 from the JUUL settlement and would end up with about$35,000 from Phillip Morris. JUUL would no longer manufacture, market or sell flavored products. JUUL no longer employs youth marketing campaigns. The use of JUUL products declined dramatically during the litigation,and he believed that all these steps really represented significant progress. Heath Harmon,Public Health Director added that Mandy Ivanov did incredible work with Bryan Treu and his team. Commissioner McQueeney moved to approve the Settlement Authorization Regarding JUUL Labs,Inc. Commissioner Scherr seconded the motion. The vote was unanimous. Meet and Greet - Holy Cross Room l. Colorado Counties,Inc -New Executive Director Visit Site Visit - El Jebel 1. ZS-009341-2023 English In Action(EIA)Headquarters The site visit will occur at the subject property located at 33 Gillespie Drive in the El Jebel area(Parcel #2391-344-11-003). Please see the attached vicinity and zoning maps for more information. The purpose of the Board of County Commissioners site visit is for orientation purposes only. The site visit is open to the public. However,members of the public should refrain from asking questions concerning the merits of the application,reserving those for the public hearing. 2 10/24/2023 Planning File - Mt. Sopris Room, El Jebel 1. ZS-009341-2023 -English In Action(EIA)Headquarters Executive Summary: To allow for a Community or Public Administrative Building for a new headquarters for English In Action(EIA). Project Name: English In Action(EIA)Headquarters File No.: ZS-009341-2023 Location: 33 Gillespie Drive,El Jebel, CO(Parcel number 2391-344-11-003) Owner: Crawford Properties,LLC-Robert Hubbell Representative: The Land Studio, Inc. -Douglas Pratte Staff Planner: Troy Hangen, Senior Planner County Attorney: Matt Peterson,Assistant County Attorney Eagle County has received an application for a Consolidated Special Use Permit("SUP")to allow for a Community or Public Administrative Building for a new headquarters for English In Action(`EIA"). EIA is a non-profit 501(c)(3)corporation that helps individuals learn English and feel more comfortable in the community. The organization also seeks to foster cross-cultural community building and help refer participants to resources throughout the Roaring Fork Valley(the"Application"). The proposed structure, approximately 5,998 square feet in floor area, is proposed to be located on a 1.00 acre leased parcel of land within the Commercial General(CG) Zone District and located at 33 Gillespie Drive,El Jebel, CO and designated as Eagle County parcel number 2391-344-11-003 (the"Property"). The existing EIA structure that has housed the non-profit(to be removed)is approximately 1,800 total square feet. This structure has been on the property for over 30 years and has housed EIA for the last 18 years. The Property is accessed from a driveway off Gillespie Drive.Application materials are included as Attachment 1. Chairman Chandler-Henry opened the meeting and noted that the board had a site visit prior to the hearing. Troy Hangen presented and introduced Doug Pratte with the Land Studio. Douglas Pratte,representative for the applicant, introduced his team. Crawford Properties LLC was the landowner for the application. Lara S. Beaulieu,Executive Director with English in Action introduced herself and some staff members. Mr. Pratte presented a vicinity map of the area. The parcel was located in the Crawford Properties Subdivision north of Gillespie Drive. English in Action had a lease with Crawford Properties for the use of the land for the proposed project. He showed pictures of the existing facility and parking area. Parking was accessed off Gillespie Drive. Ms. Beaulieu stated that they had been in the current location since 2005. English in Action was not a school and did not use a formal curriculum. Annually,they served around 400 adults with the help of around 300 volunteer tutors. They helped to create a more vibrant and economically viable community. Participants gained skills that helped them advance at work,engage actively in their children's education, and participate more fully in the community. The new building would ensure that community members had a place to learn and grow. They strongly believed that everyone was better off when everyone could communicate effectively and had the skills they needed to thrive. Mr. Pratte stated that the new facility would provide staff workspace,a waiting room, a kitchen, and a meeting space for 3-10 people. The facility was not meant to accommodate additional staff,but rather individual workspaces for staff to work with their clients. There would also be an opportunity for other non-profit organizations to use the facility. The building was approximately 6,000 square feet. The site plan had been developed around the proposed use of the site including a parking lot with emergency access,ADA parking 3 10/24/2023 compliance,and a minimum 24 ft.wide access that ran through the parking area. They proposed 20 parking, and emergency access had been coordinated with the Roaring Fork Fire and Rescue. The applicant supported staffs recommendations,and it had been great working with them. Mr. Hangen reviewed the existing zoning. The request was for a community or public administrative building requiring a special use permit. Staff recommended approval of the application. He reviewed the referral comments and indicated that all the comments supported the application. He reviewed the standards and based on staff's review,the application was consistent with the comprehensive plan and met all the standards. Commissioner McQueeney asked about the difference in the road impact fees. The staff report differed from that in the PowerPoint presentation. The impact fee in the staff report was $11,664. Rickie Davies,Eagle County Staff Engineer, indicated that the road impact fees were correct in the staff report. When they had the first pre-application meeting the old transportation road impact fees were in effect, so they were quoted$23,512. Mr. Hangen stated that the Roaring Fork Planning Commission recommended approval unanimously but expressed concern on employee generations and the absence of affordable housing. Tori Franks,Eagle County Resiliency Director, explained that staff worked with the applicant. After reviewing the floor plan and future staffing plan for the proposal,the majority of the proposal and physical space were intended to expand the applicant's volunteer capacity. Staff agreed that the proposal itself would not generate additional job generation and therefore wouldn't need to mitigate a housing obligation. Chairman Chandler-Henry asked if there would be additional traffic generated by increasing the size of the structure. Mr. Davies explained that the existing facility currently generated 74 trips per day, and the proposed facility would generate 325 trips per day. The difference in traffic was an increase in 251 trips throughout the day. Chairman Chandler-Henry asked about the building design and if there would be any energy efficiency planned. Jodie Silverline, architect, stated that they were trying to make an environmentally responsible building,a net zero building. It would have a super insulated envelope. In terms of character,they wanted to make it feel open and welcoming. Commissioner Scherr asked about the level of service for traffic. Mr. Davies stated that because the trip generation was under 400, a traffic impact study was not required. Ms.Beaulieu stated that the heaviest facility usage was in the evenings. She believed there would be limited impacts to traffic in the mornings. Many of their participants walk to their location or take public transportation. Chairman Chandler-Henry opened public comment. Robert Hubbell with Crawford Properties spoke. He stated that they very much supported the project. Adele Hubbell spoke. She spoke about the importance of folks being able to speak English. She thanked the board and staff for their time. Bernardina Banuelos spoke. She expressed support for the application and believed English in Action changed her life. She encouraged the board to support the application. Chairman Chandler-Henry closed public comment. Commissioner McQueeney stated that she was pleased with the staffs presentation and had no issues with the application. Commissioner Scherr agreed with Commissioner McQueeney and believed it was a straightforward file. Commissioner Chandler-Henry concurred with her colleagues and staffs recommendations to approve the file with one condition. She expressed support for the work by English in Action. 4 10/24/2023 Commissioner Scherr moved to approve with one condition File No.ZS-009341-2023, incorporating staff's findings and recommended conditions,because this application,as conditioned, meets the standards for approval of a Special Use Permit. Commissioner McQueeney seconded the motion. The vote was unanimous. -`0'F EAG(f� OG/41 2 . There being no further business b • : ,,,,= • d,the meeting was adjourned until October 31,2023. .1ORAD. Attest r� �.... Clerk to the Board Chairman 5 10/24/2023