HomeMy WebLinkAboutMinutes 06/04/2024 PUBLIC HEARING June 4, 2024 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Mike Nugent Chief Strategy Officer Beth Oliver 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 and closed constituent input. Commissioner Updates Commissioner Chandler-Henry reported on three bill signings last week that Eagle County supported and would have great importance in the future. The first was the Water Projects Bill,the second was the implementation of a Drought Task Force Recommendations, and the third was the implementation of a Dredged and Fill Regulations to protect wetlands and streams. Commissioner McQueeney spoke about the CCI conference held in Vail last week. County Manager Updates 1. Wildfire Conditions Outlook Birch Barron,Eagle County Director of Emergency Management, gave an update on current wildfire conditions. Eagle County was doing fairly well at this time due to moisture in the soil. Fuels had greened up across the Rocky Mountain Area. June was forecast to have above-normal temperatures. Most of the fires occurring the past month remained small and were contained within the one operational period. The seasonal outlook potential was low for June. He explained the fire potential based on elevation,moisture, and plant fuel conditions. He also provided an update on river runoff levels. He encouraged folks to be cautious as conditions were getting dangerous. Consent Agenda 1. Intergovernmental Agreement Between The Greater Eagle Fire Protection District, Eagle River Fire Protection District, Gypsum Fire Protection District, and Eagle County Concerning Eagle Valley Wildland Program Eric Lovgren,Emergency Management 1 06/04/2024 2. License Agreement Between Colorado Mountain College and Eagle County for Operation of the Shift Bike Regional Electric Bike Share Program Kate Kirkman,Resiliency 3. Agreement Between ECPHE and CDPHE Immunization& Preventable Diseases Contract SFY25 Amendment #1 Maria Gonzalez, Public& Environmental Health 4. April 2024 Payment Report Christina Andrews, Finance Commissioner Chandler-Henry moved to approve the Consent Agenda for June 4,2024, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Site Visit - Edwards Eagle Valley Land Trust Conservation Center Planned Unit Development-PDA-009380-2023 Janet Aluise, Community Development Executive Summary: Site Visit for PDA-009380-2023 Eagle Valley Land Trust Conservation Center Planned Unit Development Site-at 33601 U.S. Hwy 6, Edwards Area(Parcel#2105-052-01-001)in Edwards. 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. This site visit is intended to familiarize the Board of County Commissioners with the Property in anticipation of the public hearing. Work Session - Eagle County Room 1. Eagle County Land Use Regulations: Module 1 Beth Oliver,Attorney's Office Executive Summary: The purpose of this meeting will be to discuss Module 1 of the new proposed code; specifically,Chapters 1 and 2, and the proposed new zoning districts, land use table, and definitions. Attached is the preliminary draft of Module 1. Planning File - Eagle County Room 1. Eagle Valley Land Trust Conservation Center Planned Unit Development-PDA-009380-2023 Janet Aluise, Community Development Executive Summary: Request for approval of Planned Unit Development(PUD)Amendment and related PUD guidelines to allow for nonprofit offices and associated uses. The Application is subject to change from time to time. Janet Aluise,Eagle County Staff Planner,reviewed the agenda, summarized the permitted uses, and stated that staff recommended approval with conditions. 2 06/04/2024 Scot Hunn,of Hunn Policy and Planning LLC representing the applicant,presented the application. He reviewed the applicant,Eagle Valley Land Trust's mission statement, and spoke about their presence in the Eagle Valley. He introduced Executive Director Jessica Foulis, Deputy Director Bergen Tjossem, and President Christina Lautenberg. This was a PUD amendment to create a conservation center. The site was a 1.033-acre parcel in Edwards adjacent to the Eagle River Preserve Open Space. EVLT purchased the property in 2022 and submitted a PUD Amendment Application in August 2023. The applicant wished to amend and restate Edwards Nursery PUD and reuse the existing building for a new EVLT headquarters for non-profit administrative and office uses. The applicant also wished to hold events and offer education programming. They wanted to reuse and improve the existing access,removing previous nursery improvements, storage, and equipment to create inviting, interpretive outdoor spaces and viewing areas. Variations were being requested concerning uses and dimensional limitations. Phase one would address the south side of the property,and Phase two would address landscaping,renovations, additional parking,and stormwater delineation. The outstanding issues were the requirement for a CDOT access permit, special use permitting, a traffic study(for any new residential), and ERWSD permitting(for any new residential). The applicant believed that the application was in conformance with efficient development and preservation. The PUD would not adversely impact adjacent properties, conformed with the Edwards Area Community Plan,and the Future Land Use Map, and was compatible with surrounding uses. The proposal met the landscaping, lighting, and signage standards. In conclusion,they believed they had responded to the desires of the community for a conservation hub and looked forward to its use for many years. The proposal supported numerous county master plan goals and policies, conformed to the ECLUR standards, and supported the mission into the future. Ms. Aluise presented the zoning map and site data. She stated that the property was surrounded by residential development,Edwards River Park PUD, Eagle River Preserve, and some industrial areas to the south. The existing PUD was the Edwards Nursery PUD and had limited uses which did not support the non-profit offices. The proposed zoning would be the Eagle Valley Land Trust Conservation Center PUD. The existing acreage was 1.033 acres and the access was from Hwy 6. The application was sent out for referral, and five external agencies responded with comments. She reviewed those comments as outlined in the PowerPoint presentation. As of the date of the staff report,there were no public comments. She reviewed the standards and indicated that the application met the applicable standards of approval with conditions. Staff supported the variation for an educational programming component. Commissioner Chandler-Henry asked about the uses tied to the variations. Ms. Aluise stated that the variations were tied to the educational programming and the residential units. The residential units had a basis for affordable housing if those got built, and staff did support that variation as housing was much needed. She reviewed the proposed parking, off-street parking, and loading areas. The• property was served by Eagle River Water and Sanitation District,and wastewater would be treated by the Edwards Wastewater Treatment Plant. The applicant would obtain an Ability to Serve letter from the authority specific to residential uses before issuance of a building permit. The wastewater on the property was existing and served by the Eagle River Water and Sanitation District. A variation was requested for the rear yard setback from 5 ft. to 10 ft.,with a basis of"Obtain Desired Design Qualities." Staff supported this variation, as it allowed for more protection for the grade at the northern end of the property. The property was subject to the 2005 Eagle County Comprehensive Plan,the 2017 Edwards Area Community Plan, and the Edwards Center Character Area. She reviewed the proposed parking and off-street parking and loading areas. Phase 1 would include interior remodeling,exterior cleanup of the site,regrading,resurfacing, and drainage improvements. Phase 2 would include resurfacing of the driveway and parking lot(north), landscaping, viewing platform, and additional drainage improvements. Commissioner Chandler-Henry asked the applicant if there was a concern with the water rights or water dedication requirement for the residential units. Mr. Hun stated that the potential for residential on the site would be on the western portion of the site. They would be fairly small units and would not require dedicated parking. The water rights dedication would require a fee that may increase in the future. Thus,they included the residential units now. Chairman Scherr asked about the historic illegal street parking off the property. 3 06/04/2024 Mr. Hun stated that they had discussed the issue as a response to the referral comments. The area had been misused for decades,but they have expressed a willingness to provide signage on the property to discourage people from using those areas. Mr. Peterson believed the obligation fell to CDOT as it was their right of way. Chairman Scherr asked about the pervious concrete. Ms. Aluise stated that pervious concrete was a special type of durable concrete material that allows water from precipitation and other sources to pass directly through, reducing runoff. . Chairman Scherr asked about natural gas. Ms. Aluise stated that if the applicant had wanted to use natural gas they had a right to use it. Mr. Peterson stated that there was nothing in the application representing that natural gas would be capped. Chairman Scherr asked about Condition#1 with regard to the six-month timeline on the CDOT special use permit for the widening of the access and if there was any trigger for enforcement. Ms. Aluise stated that since it was linked to a grading permit, staff felt it was appropriate to add the condition. Mr. Peterson stated that in the staff report,there was no timeline. Chairman Scherr asked about the meaning of plant propagation uses. Mr. Hun stated that this was a use they were contemplating on the site to grow plants in a greenhouse in partnership with education organizations,but this was uncertain. Commissioner Chandler-Henry asked Ms. Aluise when the county would interact if the residential housing moved forward. Ms. Aluise stated that it would be at the time of the building permit application. Commissioner Chandler-Henry asked the applicant about any letters of support. Mr. Hun stated that when there is opposition to proposals there was an effort to collect letters in support. They hadn't had any pushback, so they didn't feel a need to provide or generate those letters. He believed they had a lot of support and a lot of people were looking forward to this coming to fruition. Chairman Scherr opened public input. Chupa Nelson,resident of Edwards,spoke. He drove by this building several times a day and believed it was a wonderful opportunity for everyone in Edwards and the county as a whole to have a facility such as this that promoted conservation. Chairman Scherr closed public comment. Commissioner Chandler-Henry believed it was a great use for the property in Edwards. She believed the application met all the requirements for a PUD amendment. She was prepared to vote in favor. Commissioner McQueeney concurred and supported the variations and conditions. She supported the organization and appreciated all of their work in the community. She believed there needed to be PUDs with broader categories and not so specific. Chairman Scherr stated that he had little to add. This was a straightforward application,and he supported staffs findings. Commissioner McQueeney moved to approve the PUD Amendment for EVLT Conservation Center PUD,file number PDA-009380-2023,incorporating staff's findings and conditions(referring to the five conditions as presented in the staff report), and the variations, as the application meets the standards for approval of a PUD Amendment. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 4 06/04/2024 h���DF EAG/4,�� G There being no further business b k %a , the meeting was adjourned until June 11,2024. 0� Attest: 7--. 1//2 0RADo Clerk to the Board Chairman 5 06/04/2024