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HomeMy WebLinkAboutMinutes 02/27/2024 PUBLIC HEARING February 27, 2024 Present: Matt Scherr Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Jill Klosterman Chief Financial Officer Beth Oliver Interim 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 Scherr opened constituent input. Tim McMahon spoke. He requested that the county follow the state's lead in stopping the collection of sales tax on diapers and tampons. The state stopped collecting the 2.9% sales tax on those products on January 23, 2024. Kate Sheldon of Eagle Ranch requested a letter of support for enforcement to protect wildlife in Eagle Ranch. Although there was now a town ordinance requiring dogs to be on leashes,there was a lack of enforcement. She believed the elk herd provided a lot of state revenue and should be protected and based on community surveys, wildlife was a priority. Animal Services handled 1,442 cases last year,up 50%from the year before. She requested a letter of support from the county to the Town of Eagle for hiring a full-time enforcement ranger to begin no later than November 15th. Chairman Scherr closed constituent input. Commissioner Updates Commissioner McQueeney stated that she did not have an update Commissioner Chandler-Henry stated that yesterday they helped with the celebration of 40 years for the Bright Future Foundation. They'd been serving families in Eagle County for 40 years and she was proud of the work they were doing and the partnership with them. They had been a model for service for their family safe-house. Secondly, she had been appointed to the BLM Resource Advisory Council for the Northwest corner of the state. So if there was anyone who had an interest in sage grouse,resource management plans, or other topics, let her know. The first meeting she would be attending was tomorrow in Craig. Chairman Scherr stated that this past week the county lost a first responder, Steve Zuckerman. Mr. Zuckerman had been in the community for a long time and was well-known in the response community. He wished to acknowledge the loss in the community and appreciated his lifetime of service in the county. 1 02/27/2024 County Manager Updates Jeff Shroll gave a shout-out to Scott Lingle on the IT team. Scott secured a grant from the state to increase broadband services in the Dotsero mobile home park area. Consent Agenda 1. Agreement for Procurement and Installation Services between Eagle County and Acme Roofing,LLC d/b/a Umbrella Roofing Ron Siebert,Facilities Management 2. Approval of the Minutes for the Board of County Commissioner Meetings for January 30 and February 5,2024 Kathy Scriver, Clerk&Recorders Office 3. January 2024 Payment Report Christina Andrews,Finance Commissioner Chandler-Henry moved to approve the Consent Agenda for February 27, 2024,as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Item(s) 1. Agreement between Eagle County and Walking Mountains Science Center for Climate Action Programs John Gitchell, Resiliency Executive Summary: This agreement between Eagle County and Walking Mountains Science Center is for administering the Climate Action Collaborative,the Energy Smart Colorado program,the ReEnergize Eagle County program, and the Sustainable Business(formerly Actively Green)program for the benefit of Eagle County residents and businesses. The services detailed in this agreement support Eagle County's strategic plan objective to reduce community greenhouse gas emissions while reducing energy costs for low-and moderate-income households. John Gitchell,Eagle County Climate Action Manager reviewed the agreement. The Climate Action Plan goals were to reduce greenhouse gas emissions by 25%by 2025, 50%by 2030, and 80%by 2050. Buildings accounted for half of the community's climate pollution. He highlighted some of the programs offered through Walking Mountains. The programs totaled$919,500 for 2024. He talked about the Home Energy Assessment program. The impact of this program provided rebates and reduced greenhouse gas emissions. Other benefits of the program allowed homeowners access to federal tax incentives and state rebates. The Energy Smart Colorado budget was $493,5000 which covered staffing, marketing contract equipment, installs, etc. The ReEnergize program provided services for income-qualified households. Energy improvements included air-sealing,insulation, and appliance replacement. The program's goal was to receive 100 applications and provide 50 households with energy improvements. The funding for this program totaled$282,000. Kate Kirkman, Climate Programs Coordinator spoke highly of the program and believed it reached households facing barriers to the traditional energy start program. Mr. Gitchell added that the program reached households that were 150%AMI and below. This was the first year and they were setting their sights on 25 ReEnergized clients. 2 02/27/2024 Chairman Scherr wondered about the difference between the BEECH(Beneficial Electrification for Eagle County Homes)program and the ReEnergized program. Mr. Gitchell stated that BEECH homes qualified for the weatherization assistance program,which was the lowest income tier at 60%AMI and below. The ReEnergize program was a connector to various programs and funding sources. Commissioner Chandler-Henry asked about the overall cost of the programs. She asked if Eagle County was funding the programs 100%and if there were other sources besides the federal grant money. Melissa Kin, Sustainability Program Director at Walking Mountains, stated that all of the programs within the sustainability department were funded through a variety of partners, so Eagle County was not the sole contributor. Some programs were funded by other local municipalities throughout the county as well as other partners. Commissioner Chandler-Henry requested an overview of the programs and a breakdown of the funding sources. Mr. Gitchell stated that Eagle County was currently a primary funder. The other municipal governments had contributed, and he would provide a breakdown. There was a significant need in the community for deep energy retrofits and net zero building codes. He did not think this would be enough for Eagle County to meet its goals,but this was all work in the right direction. Commissioner McQueeney moved to approve the Agreement between Eagle County and Walking Mountains Science Center for Climate Action Programs. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. Letter Supporting Eagle County Government's Private Activity Bond allocation for Eagle Villas Tori Franks,Resiliency/Housing Executive Summary: This agreement is a component of the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas. This letter indicates Eagle County Government will commit its Private Activity Bond cap allocation for Eagle Villas. Tori Franks, Eagle County Resiliency Director, stated that Eagle Villas had 120 affordable rental units in Eagle. They were originally built in 1994-1994, and the project was at risk of losing its affordability. The seller listed the property for sale in the fall of 2023 and converted it to market-rent units. The Ulysses Development Group approached ECHD to partner to keep all 120 units affordable to households earning between 45%-60% AMI. Blaine Restello with Ulysses Development Group spoke about their focus and desire to preserve affordable housing. He shared their mission and core values. He provided an overview of their portfolio. The plan for Eagle Villas was to be under contract in a week to 10 days, and once under contract,they would move forward with the scope of work development for the project and determine the final scope. They expect to invest approximately$9 million in the property. They were not planning on changing the rent levels of any of the existing residents at this time. They would take 12 of the units and allow up to 80%AMI for a minimum of 60 years. They would form a single-purpose entity/limited partnership for the acquisition. Once they go under contract they have a 30-day due diligence period and 30 days to close. From that point,they had a little over a year to execute the tax-exempt bond financing and re-syndication. They were asking Eagle County for a subordinate loan of$6.5 million to purchase the property. They hoped to generate$20 million of tax credit equity for property improvements and pay down the county's bridge loan.. $3 million county dollars would remain in the project. He believed this was a moment of opportunity to not lose 100 units of affordable housing in Eagle. Commissioner Chandler-Henry thought it was important to preserve these units. 3 02/27/2024 Commissioner McQueeney asked if there had been any engagement with the residents to ask what they saw in need of improvements. Mr. Restello stated that there had not been any interaction with the residents. He believed it would be inappropriate before they got the property under contract,but they would hold some meetings with the community to get input in the future. Jill Klosterman stated that the first approval being requested was a request to dedicate the county's private activity bond allocation to the Eagle Villas project. The technical/legal documentation will be available by September 1,2024. Commissioner Chandler-Henry moved to approve the Letter Supporting Eagle County Government's Private Activity Bond allocation for Eagle Villas. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney 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. Eagle County Housing and Development Authority 1. Conditional Commitment Letter between Eagle County Housing and Development Authority and Ulysses Development Group for the acquisition of Eagle Villas Apartments Tori Franks, Resiliency/Housing Executive Summary: The Conditional Commitment letter outlines the proposed components of a partnership requested by Ulysses Development Group to ECHDA to acquire and maintain the affordability of Eagle Villas, a 120-unit low-income rental property in Eagle Colorado. Commissioner McQueeney moved to approve the Conditional Commitment Letter between Eagle County Housing and Development Authority and Ulysses Development Group for the acquisition of Eagle Villas Apartments. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. Resolution 24-01 declaring the intent of the Eagle County Housing and Development Authority to issue or otherwise assist and support the issuance of private activity bonds to finance the acquisition, construction, rehabilitation,renovation and equipping of multifamily residential housing facilities known as Eagle Villas Tori Franks, Resiliency/Housing Executive Summary: This agreement is a component of the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas. This agreement allows ECHDA to assist in acquiring tax-exempt bonds which are a key component to the overall sources for the acquisition Commissioner Chandler-Henry moved to approve the Resolution declaring the intent of the Eagle County Housing and Development Authority to issue or otherwise assist and support the issuance of private activity bonds to finance the acquisition, construction,rehabilitation,renovation, and equipping of multifamily residential housing facilities known as Eagle Villas. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4 02/27/2024 3. Due Diligence Certification to issue or otherwise assist and support the issuance of Private Activity Bonds to finance the acquisition, construction,rehabilitation,renovation, and equipping of multifamily residential housing facilities known as Eagle Villas Tori Franks,Resiliency/Housing Executive Summary: This certification is a component required for the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas Apartments. This certification indicates that ECHDA will support the acquisition of tax-exempt bonds, which is an essential source of funds for the acquisition. Commissioner McQueeney moved to approve the Due Diligence Certification to issue or otherwise assist and support the issuance of Private Activity Bonds to finance the acquisition, construction,rehabilitation, renovation and equipping of multifamily residential housing facilities known as Eagle Villas. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4. Statewide Balance Application for Private Activity Bond Ceiling Allocation by the Eagle County Housing and Development Authority for the Eagle Villas Project; Carryforward of Private Activity Bond Ceiling Allocation Tori Franks,Resiliency Housing Executive Summary: This agreement is a component of the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas. This document acknowledges that ECHDA will be the applicant for the Statewide balance of Private Activity Bonds. The statewide balance of private activity bonds is a key component to the sources of funds for the acquisition. Commissioner Chandler-Henry moved to approve the Statewide Balance Application for Private Activity Bond Ceiling Allocation by the Eagle County Housing and Development Authority for the Eagle Villas Project; Carryforward of Private Activity Bond Ceiling Allocation. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Airport Terminal Board. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Eagle County Airport Terminal (ECAT) Board 1. Agreement for On-Call Services,Preventative Maintenance,Procurement, and Installation Between Eagle County Air Terminal Corporation and Skycon Inc. Koltin Howard-Talbott,Airport Executive Summary: This agreement is for preventative maintenance,procurement and installation, and general on-call Service for Passenger Boarding Bridges at the terminal. The airport will be working with Skycon Inc. to provide the aforementioned services. Mr. Howard-Talbott stated that this was a new agreement for on-call emergency services for the new boarding bridges at the terminal. Jill Klosterman moved to approve the Agreement for On-Call Services,Preventive Maintenance, Procurement, an Installation Between Eagle County Air Terminal Corporation and Skycon Inc. 5 02/27/2024 Jeff Shroll seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Airport Terminal Board and reconvene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was unanimous. Site Visit - Wolcott 1. SMA-009321-2023 &VIS-009366-2023 - 117 Wolcott Springs Road Site Visit Janet Aluise,Community Development Executive Summary: Site visit to 117 Wolcott Springs Road. SMA-009321-2023 application seeks to create a 26.244-acre parcel and a 10-acre parcel. The site visit is intended for orientation purposes only and is open to the public. However,members of the public should refrain from asking questions concerning the merits of the application,reserving comments for the public hearing. Planning Files - Eagle County Room 1. VIS-009366-2023 117 Wolcott Springs Road Variance from Improvement Standards Julie Pranger, Engineering Executive Summary: On June 29, 2023, Eagle County received an application(the"Application")for a Variance from Improvement Standards from Tom Boni("Representative") on behalf of Stephen Fisher and Paula Denissen (the"Applicants"). The Application requests a VIS to certain road and access standards for the property identified as Parcel#1941-272-00-047, or 117 Wolcott Springs Road, and Parcel#1941-262-00-066, and Wolcott Springs Road,a privately owned and maintained road. The VIS process established by the ECLUR exists to balance the hardships to the Applicants of not granting the VIS against the adverse impact on the health, safety,and welfare of persons affected and the adverse impact on the lands affected. The Applicants seek this VIS to establish legal, conforming access to 117 Wolcott Springs Road to support a subdivision requested by planning file SMA-009231-2023 Julie Pranger, Eagle County Staff Engineer,presented the application. She reviewed the review process and indicated that no public comment had been received to date. The applicant was seeking a variance from Improvement Standards to certain road and access standards for the property identified as 117 Wolcott Springs Road. Wolcott Springs Road was a privately owned and maintained road. In determining whether to approve the application,the commissioners shall balance the hardships to the applicant of not granting the variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. Variance request#1, environmental geometric, and design standards. Staff determined that the variance request met the standards and staff recommended approval. Variance Request#2, dual access-staff recommended approval with one condition. Commissioner Chandler-Henry asked if the variance would affect any of the other parcels. Ms. Pranger stated that the variance would only affect this property. Chairman Scherr opened and closed public comment. Commissioner Chandler-Henry concurred with staff's findings. 6 02/27/2024 Commissioner McQueeney believed the file met the standards. Chairman Scherr also believed the file met the standards. Commissioner Chandler-Henry moved to approve the 177 Wolcott Springs Road Variance from Improvement Standards application,File No. VIS 009366-2023, incorporating staff's findings and condition of approval. Commissioner McQueeney seconded the motion. The vote was unanimous. 2. SMA-009321-2023 - 117 Wolcott Springs Road Subdivision Minor Type A Janet Aluise, Community Development Executive Summary: Applicant requests subdivision of a 36.244-acre parcel(26.244-acre parcel and 10-acre parcel). Project Name: 117 Wolcott Springs Road Minor Type A Subdivision File No.: SMA-009321-2023 Location: 117 Wolcott Springs Road(Parcel# 1941-272-00-047),Wolcott area Zoning: Agricultural Residential. (AR)Owners/Applicant: Steven M. Fischer and Paula M. Denissen Representative: Thomas Boni Staff Planner: Janet Aluise, Senior Planner Recommendation: Approval with Conditions Tom Boni,representative for the applicant, stated that he was impressed with the neighborhood created around the Red Sky Ranch portion of Bellyache Ridge. This property was purchased before development started. He believed this was simply an infill of an existing neighborhood. The surrounding properties were at a higher density than this property. He believed the Master Plan, Comprehensive Plan, and Wolcott Area Community Plan, demonstrated a strong emphasis on visual quality,rural character,no ridgeline development, and wildlife protection. He believed all those objectives were met by the application they had presented. Ms. Aluise presented the request for a Subdivision Minor Type A to create a 26.244-acre parcel(Lot 1A and a 10-acre parcel(Lot 2A). The existing 36.244-acre parcel was adjacent to Bellyache Ridge Road and Wolcott Springs Road and is zoned Agricultural Residential. There was a shared driveway off Wolcott Springs Road. The building envelopes were created to protect wildlife, native plantings,and water quality. Staff recommended approval with conditions. Lot lA included the existing home,many water bodies,wetlands, and mature vegetation,with a driveway from Wolcott Springs Road. Lot 2A included wetlands and challenging grades with a proposed home close to Wolcott Springs Road. During the referral process, 18 agencies received the file and 3 responded with comments. She reviewed the standards and indicated that the application was in conformance with the 2005 ECCP, FLUM,and 2009 WACP. Each lot would have three off-street parking spaces. Mature landscaping existed on the entire site. Lot 2A would revegetate any disturbed areas. The applicant did not propose any construction of new roads or new utility mains. The application complied with the lot area minimum for the Agricultural Residential Zone district. Similarly sized lots exist adjacent to the property. The proposal did not require a Subdivision Improvements Agreement,as no new public roads or utilities were proposed. Commissioner Chandler-Henry stated that the application stated that there may be a requirement to purchase augmentation water. She wondered where this would come from. Ms. Aluise stated that when the applicant applied to the Division of Water Resources for their well permit, it was determined that water may be needed for irrigation. This water would be required to be purchased in addition to the water for the home. They would have to augment their water to do irrigation. Commissioner Chandler-Henry asked about fire safety and whether there were any requirements from the county to make sure the home was safe from fire. 7 02/27/2024 Ms. Aluise stated that upon building permit application submission, the wildfire mitigation would review the application to determine whether they were instituting water-wise and helpful protections around the home. Commissioner McQueeney asked about the public comments received about the zoning and wanted to make certain that it was considered. Ms. Aluise added that the applicant had not requested a rezoning and their application met the standards. Chairman Scherr opened and closed public comment, as there was none. Commissioner McQueeney expressed appreciation for the staffs level of detail to the standards and how they were met. Commissioner Chandler-Henry concurred with Commissioner McQueeney and staff's analysis that the application had met the standards laid out in the Eagle County Land Use Regulations as conditioned. Chairman Scherr believed the file was straightforward. Commissioner McQueeney moved to approve the Subdivision Minor Type A, 117 Wolcott Springs Road File No. SMA 009321-2023,incorporating staff's findings and conditions, as the application meets the standards for approval of a Minor Type A Subdivision. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. There being no further business before the Board, the meeting was adjourned until March 12, 2024. Attest: Clerk to the Board Chairman 8 02/27/2024 PUBLIC HEARING February 27, 2024 Present: Matt Scherr Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Jill Klosterman Chief Financial Officer Beth Oliver Interim 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 Scherr opened constituent input. Tim McMahon spoke. He requested that the county follow the state's lead in stopping the collection of sales tax on diapers and tampons. The state stopped collecting the 2.9% sales tax on those products on January 23, 2024. Kate Sheldon of Eagle Ranch requested a letter of support for enforcement to protect wildlife in Eagle Ranch. Although there was now a town ordinance requiring dogs to be on leashes,there was a lack of enforcement. She believed the elk herd provided a lot of state revenue and should be protected and based on community surveys, wildlife was a priority. Animal Services handled 1,442 cases last year,up 50%from the year before. She requested a letter of support from the county to the Town of Eagle for hiring a full-time enforcement ranger to begin no later than November 15th. Chairman Scherr closed constituent input. Commissioner Updates Commissioner McQueeney stated that she did not have an update Commissioner Chandler-Henry stated that yesterday they helped with the celebration of 40 years for the Bright Future Foundation. They'd been serving families in Eagle County for 40 years and she was proud of the work they were doing and the partnership with them. They had been a model for service for their family safe-house. Secondly, she had been appointed to the BLM Resource Advisory Council for the Northwest corner of the state. So if there was anyone who had an interest in sage grouse,resource management plans, or other topics, let her know. The first meeting she would be attending was tomorrow in Craig. Chairman Scherr stated that this past week the county lost a first responder, Steve Zuckerman. Mr. Zuckerman had been in the community for a long time and was well-known in the response community. He wished to acknowledge the loss in the community and appreciated his lifetime of service in the county. 1 02/27/2024 County Manager Updates Jeff Shroll gave a shout-out to Scott Lingle on the IT team. Scott secured a grant from the state to increase broadband services in the Dotsero mobile home park area. Consent Agenda 1. Agreement for Procurement and Installation Services between Eagle County and Acme Roofing,LLC d/b/a Umbrella Roofing Ron Siebert, Facilities Management 2. Approval of the Minutes for the Board of County Commissioner Meetings for January 30 and February 5,2024 Kathy Scriver, Clerk&Recorders Office 3. January 2024 Payment Report Christina Andrews, Finance Commissioner Chandler-Henry moved to approve the Consent Agenda for February 27, 2024,as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Item(s) 1. Agreement between Eagle County and Walking Mountains Science Center for Climate Action Programs John Gitchell, Resiliency Executive Summary: This agreement between Eagle County and Walking Mountains Science Center is for administering the Climate Action Collaborative, the Energy Smart Colorado program, the ReEnergize Eagle County program,and the Sustainable Business (formerly Actively Green)program for the benefit of Eagle County residents and businesses. The services detailed in this agreement support Eagle County's strategic plan objective to reduce community greenhouse gas emissions while reducing energy costs for low-and moderate-income households. John Gitchell, Eagle County Climate Action Manager reviewed the agreement. The Climate Action Plan goals were to reduce greenhouse gas emissions by 25%by 2025, 50%by 2030, and 80%by 2050. Buildings accounted for half of the community's climate pollution. He highlighted some of the programs offered through Walking Mountains. The programs totaled$919,500 for 2024. He talked about the Home Energy Assessment program. The impact of this program provided rebates and reduced greenhouse gas emissions. Other benefits of the program allowed homeowners access to federal tax incentives and state rebates. The Energy Smart Colorado budget was $493,5000 which covered staffing, marketing contract equipment, installs, etc. The ReEnergize program provided services for income-qualified households. Energy improvements included air-sealing,insulation, and appliance replacement. The program's goal was to receive 100 applications and provide 50 households with energy improvements. The funding for this program totaled$282,000. Kate Kirkman, Climate Programs Coordinator spoke highly of the program and believed it reached households facing barriers to the traditional energy start program. Mr. Gitchell added that the program reached households that were 150%AMI and below. This was the first year and they were setting their sights on 25 ReEnergized clients. 2 02/27/2024 Chairman Scherr wondered about the difference between the BEECH(Beneficial Electrification for Eagle County Homes)program and the ReEnergized program. Mr. Gitchell stated that BEECH homes qualified for the weatherization assistance program,which was the lowest income tier at 60%AMI and below. The ReEnergize program was a connector to various programs and funding sources. Commissioner Chandler-Henry asked about the overall cost of the programs. She asked if Eagle County was funding the programs 100%and if there were other sources besides the federal grant money. Melissa Kirr, Sustainability Program Director at Walking Mountains, stated that all of the programs within the sustainability department were funded through a variety of partners, so Eagle County was not the sole contributor. Some programs were funded by other local municipalities throughout the county as well as other partners. Commissioner Chandler-Henry requested an overview of the programs and a breakdown of the funding sources. Mr. Gitchell stated that Eagle County was currently a primary funder. The other municipal governments had contributed, and he would provide a breakdown. There was a significant need in the community for deep energy retrofits and net zero building codes. He did not think this would be enough for Eagle County to meet its goals,but this was all work in the right direction. Commissioner McQueeney moved to approve the Agreement between Eagle County and Walking Mountains Science Center for Climate Action Programs. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. Letter Supporting Eagle County Government's Private Activity Bond allocation for Eagle Villas Tori Franks,Resiliency/Housing Executive Summary: This agreement is a component of the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas. This letter indicates Eagle County Government will commit its Private Activity Bond cap allocation for Eagle Villas. Tori Franks, Eagle County Resiliency Director, stated that Eagle Villas had 120 affordable rental units in Eagle. They were originally built in 1994-1994, and the project was at risk of losing its affordability. The seller listed the property for sale in the fall of 2023 and converted it to market-rent units. The Ulysses Development Group approached ECHD to partner to keep all 120 units affordable to households earning between 45%-60% AMI. Blaine Restello with Ulysses Development Group spoke about their focus and desire to preserve affordable housing. He shared their mission and core values. He provided an overview of their portfolio. The plan for Eagle Villas was to be under contract in a week to 10 days, and once under contract,they would move forward with the scope of work development for the project and determine the final scope. They expect to invest approximately$9 million in the property. They were not planning on changing the rent levels of any of the existing residents at this time. They would take 12 of the units and allow up to 80%AMI for a minimum of 60 years. They would form a single-purpose entity/limited partnership for the acquisition. Once they go under contract they have a 30-day due diligence period and 30 days to close. From that point,they had a little over a year to execute the tax-exempt bond financing and re-syndication. They were asking Eagle County for a subordinate loan of$6.5 million to purchase the property. They hoped to generate $20 million of tax credit equity for property improvements and pay down the county's bridge loan.. $3 million county dollars would remain in the project. He believed this was a moment of opportunity to not lose 100 units of affordable housing in Eagle. Commissioner Chandler-Henry thought it was important to preserve these units. 3 02/27/2024 Commissioner McQueeney asked if there had been any engagement with the residents to ask what they saw in need of improvements. Mr. Restello stated that there had not been any interaction with the residents. He believed it would be inappropriate before they got the property under contract,but they would hold some meetings with the community to get input in the future. Jill Klosterman stated that the first approval being requested was a request to dedicate the county's private activity bond allocation to the Eagle Villas project. The technical/legal documentation will be available by September 1,2024. Commissioner Chandler-Henry moved to approve the Letter Supporting Eagle County Government's Private Activity Bond allocation for Eagle Villas. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney 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. Eagle County Housing and Development Authority 1. Conditional Commitment Letter between Eagle County Housing and Development Authority and Ulysses Development Group for the acquisition of Eagle Villas Apartments Tori Franks, Resiliency/Housing Executive Summary: The Conditional Commitment letter outlines the proposed components of a partnership requested by Ulysses Development Group to ECHDA to acquire and maintain the affordability of Eagle Villas, a 120-unit low-income rental property in Eagle Colorado. Commissioner McQueeney moved to approve the Conditional Commitment Letter between Eagle County Housing and Development Authority and Ulysses Development Group for the acquisition of Eagle Villas Apartments. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. Resolution 24-01 declaring the intent of the Eagle County Housing and Development Authority to issue or otherwise assist and support the issuance of private activity bonds to finance the acquisition, construction, rehabilitation,renovation and equipping of multifamily residential housing facilities known as Eagle Villas Tori Franks, Resiliency/Housing Executive Summary: This agreement is a component of the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas. This agreement allows ECHDA to assist in acquiring tax-exempt bonds which are a key component to the overall sources for the acquisition Commissioner Chandler-Henry moved to approve the Resolution declaring the intent of the Eagle County Housing and Development Authority to issue or otherwise assist and support the issuance of private activity bonds to finance the acquisition, construction,rehabilitation,renovation,and equipping of multifamily residential housing facilities known as Eagle Villas. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4 02/27/2024 3. Due Diligence Certification to issue or otherwise assist and support the issuance of Private Activity Bonds to finance the acquisition, construction,rehabilitation,renovation, and equipping of multifamily residential housing facilities known as Eagle Villas Tori Franks, Resiliency/Housing Executive Summary: This certification is a component required for the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas Apartments. This certification indicates that ECHDA will support the acquisition of tax-exempt bonds,which is an essential source of funds for the acquisition. Commissioner McQueeney moved to approve the Due Diligence Certification to issue or otherwise assist and support the issuance of Private Activity Bonds to finance the acquisition, construction,rehabilitation, renovation and equipping of multifamily residential housing facilities known as Eagle Villas. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4. Statewide Balance Application for Private Activity Bond Ceiling Allocation by the Eagle County Housing and Development Authority for the Eagle Villas Project; Carryforward of Private Activity Bond Ceiling Allocation Tori Franks, Resiliency Housing Executive Summary: This agreement is a component of the proposed partnership between ECHDA and Ulysses Development Group to acquire and maintain affordability at Eagle Villas. This document acknowledges that ECHDA will be the applicant for the Statewide balance of Private Activity Bonds. The statewide balance of private activity bonds is a key component to the sources of funds for the acquisition. Commissioner Chandler-Henry moved to approve the Statewide Balance Application for Private Activity Bond Ceiling Allocation by the Eagle County Housing and Development Authority for the Eagle Villas Project; Carryforward of Private Activity Bond Ceiling Allocation. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing and Development Authority and reconvene as the Eagle County Airport Terminal Board. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. Eagle County Airport Terminal(ECAT) Board 1. Agreement for On-Call Services,Preventative Maintenance, Procurement, and Installation Between Eagle County Air Terminal Corporation and Skycon Inc. Koltin Howard-Talbott,Airport Executive Summary: This agreement is for preventative maintenance,procurement and installation, and general on-call Service for Passenger Boarding Bridges at the terminal. The airport will be working with Skycon Inc. to provide the aforementioned services. Mr. Howard-Talbott stated that this was a new agreement for on-call emergency services for the new boarding bridges at the terminal. Jill Klosterman moved to approve the Agreement for On-Call Services,Preventive Maintenance, Procurement, an Installation Between Eagle County Air Terminal Corporation and Skycon Inc. 5 02/27/2024 Jeff Shroll seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Airport Terminal Board and reconvene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was unanimous. Site Visit - Wolcott 1. SMA-009321-2023 &VIS-009366-2023 - 117 Wolcott Springs Road Site Visit Janet Aluise,Community Development Executive Summary: Site visit to 117 Wolcott Springs Road. SMA-009321-2023 application seeks to create a 26.244-acre parcel and a 10-acre parcel. The site visit is intended for orientation purposes only and is open to the public. However,members of the public should refrain from asking questions concerning the merits of the application,reserving comments for the public hearing. Planning Files - Eagle County Room 1. VIS-009366-2023 117 Wolcott Springs Road Variance from Improvement Standards Julie Pranger, Engineering Executive Summary: On June 29, 2023, Eagle County received an application(the"Application") for a Variance from Improvement Standards from Tom Boni("Representative")on behalf of Stephen Fisher and Paula Denissen (the"Applicants"). The Application requests a VIS to certain road and access standards for the property identified as Parcel#1941-272-00-047, or 117 Wolcott Springs Road, and Parcel#1941-262-00-066, and Wolcott Springs Road,a privately owned and maintained road. The VIS process established by the ECLUR exists to balance the hardships to the Applicants of not granting the VIS against the adverse impact on the health, safety,and welfare of persons affected and the adverse impact on the lands affected. The Applicants seek this VIS to establish legal, conforming access to 117 Wolcott Springs Road to support a subdivision requested by planning file SMA-009231-2023 Julie Pranger,Eagle County Staff Engineer,presented the application. She reviewed the review process and indicated that no public comment had been received to date. The applicant was seeking a variance from Improvement Standards to certain road and access standards for the property identified as 117 Wolcott Springs Road. Wolcott Springs Road was a privately owned and maintained road. In determining whether to approve the application,the commissioners shall balance the hardships to the applicant of not granting the variance against the adverse impact on the health, safety, and welfare of persons affected,and the adverse impact on the lands affected. Variance request#1, environmental geometric, and design standards. Staff determined that the variance request met the standards and staff recommended approval. Variance Request#2, dual access -staff recommended approval with one condition. Commissioner Chandler-Henry asked if the variance would affect any of the other parcels. Ms. Pranger stated that the variance would only affect this property. Chairman Scherr opened and closed public comment. Commissioner Chandler-Henry concurred with staff's findings. 6 02/27/2024 Commissioner McQueeney believed the file met the standards. Chairman Scherr also believed the file met the standards. Commissioner Chandler-Henry moved to approve the 177 Wolcott Springs Road Variance from Improvement Standards application,File No.VIS 009366-2023, incorporating staff's findings and condition of approval. Commissioner McQueeney seconded the motion. The vote was unanimous. 2. SMA-009321-2023 - 117 Wolcott Springs Road Subdivision Minor Type A Janet Aluise, Community Development Executive Summary: Applicant requests subdivision of a 36.244-acre parcel(26.244-acre parcel and 10-acre parcel). Project Name: 117 Wolcott Springs Road Minor Type A Subdivision File No.: SMA-009321-2023 Location: 117 Wolcott Springs Road(Parcel# 1941-272-00-047), Wolcott area Zoning: Agricultural Residential (AR)Owners/Applicant: Steven M. Fischer and Paula M. Denissen Representative: Thomas Boni Staff Planner: Janet Aluise, Senior Planner Recommendation: Approval with Conditions Tom Boni,representative for the applicant, stated that he was impressed with the neighborhood created around the Red Sky Ranch portion of Bellyache Ridge. This property was purchased before development started. He believed this was simply an infill of an existing neighborhood. The surrounding properties were at a higher density than this property. He believed the Master Plan, Comprehensive Plan, and Wolcott Area Community Plan, demonstrated a strong emphasis on visual quality,rural character,no ridgeline development, and wildlife protection. He believed all those objectives were met by the application they had presented. Ms. Aluise presented the request for a Subdivision Minor Type A to create a 26.244-acre parcel (Lot lA and a 10-acre parcel(Lot 2A). The existing 36.244-acre parcel was adjacent to Bellyache Ridge Road and Wolcott Springs Road and is zoned Agricultural Residential. There was a shared driveway off Wolcott Springs Road. The building envelopes were created to protect wildlife,native plantings,and water quality. Staff recommended approval with conditions. Lot 1A included the existing home,many water bodies,wetlands, and mature vegetation,with a driveway from Wolcott Springs Road. Lot 2A included wetlands and challenging grades with a proposed home close to Wolcott Springs Road. During the referral process, 18 agencies received the file and 3 responded with comments. She reviewed the standards and indicated that the application was in conformance with the 2005 ECCP,FLUM,and 2009 WACP. Each lot would have three off-street parking spaces. Mature landscaping existed on the entire site. Lot 2A would revegetate any disturbed areas. The applicant did not propose any construction of new roads or new utility mains. The application complied with the lot area minimum for the Agricultural Residential Zone district. Similarly sized lots exist adjacent to the property. The proposal did not require a Subdivision Improvements Agreement,as no new public roads or utilities were proposed. Commissioner Chandler-Henry stated that the application stated that there may be a requirement to purchase augmentation water. She wondered where this would come from. Ms. Aluise stated that when the applicant applied to the Division of Water Resources for their well permit, it was determined that water may be needed for irrigation. This water would be required to be purchased addition to the water for the home. Theywould have to augment their water to do irrigation. m ddg Commissioner Chandler-Henry asked about fire safety and whether there were any requirements from the county to make sure the home was safe from fire. 7 02/27/2024 Ms. Aluise stated that upon building permit application submission,the wildfire mitigation would review the application to determine whether they were instituting water-wise and helpful protections around the home. Commissioner McQueeney asked about the public comments received about the zoning and wanted to make certain that it was considered. Ms. Aluise added that the applicant had not requested a rezoning and their application met the standards. Chairman Scherr opened and closed public comment, as there was none. Commissioner McQueeney expressed appreciation for the staffs level of detail to the standards and how they were met. Commissioner Chandler-Henry concurred with Commissioner McQueeney and staff's analysis that the application had met the standards laid out in the Eagle County Land Use Regulations as conditioned. Chairman Scherr believed the file was straightforward. Commissioner McQueeney moved to approve the Subdivision Minor Type A, 117 Wolcott Springs Road File No. SMA 009321-2023,incorporating staff's findings and conditions, as the application meets the standards for approval of a Minor Type A Subdivision. Commissioner Chandler-Henry seconded the motion. The vote was unanimous. 0�oGIE co, f< Vf There being no further business e'�,` o d,the meeting was adjourned until March 12, 2024. cotoo.° Attest: C rk to the Board Chairman 8 02/27/2024