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HomeMy WebLinkAboutMinutes 06/27/2024 PUBLIC HEARING
June 27, 2024
Present: Matt Scherr Chairman
Jeanne McQueeney Commissioner
Kathy Chandler-Henry Commissioner
Beth Oliver 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:
Site Tour - Edwards
1. Site Visit for West End Planned Unit Development-File Nos.: SMA-009294-2022,ZC-009296-2022,
ZC-009298-2022,ZC-009403-2023, SMB-009295-2022,AFP-009327-2023,AFP-009412-2023,
VIS-009445-2024,ZC-009405-2023,PDSP-009297-2022, and 1041-009300-2022
Karl Barton, Community Development
Executive Summary: The site visit will occur at the subject properties located at 34083 US Highway 6 (Parcel ID:
2105-054-00-024),
34185 US Highway 6(Parcel ID: 2105-054-1400-0024), and 57 Edwards Access Road(Parcel ID:
2105-054-13-002)in Edwards. However,the site visit will begin at the Gashouse Restaurant located at 31485 US
Highway 6. 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 at 4PM.
Planning File - Eagle County Room
1. West End Planned Unit Development-File Nos.: SMA-009294-2022, ZC-009296-2022,ZC-009298-2022,
ZC-009403-2023, SMB-009295-2022,AFP-009327-2023,AFP-009412-2023,VIS-009445-2024,
ZC-009405-2023,PDSP-009297-2022,and 1041-009300-2022
Karl Barton, Community Development
Executive Summary: The purpose of the public hearing is to consider various related applications for a planned
unit development,to include the construction of 275 multifamily units and associated structured parking and site
amenities, as well as two amended final plats, a variation from improvement standards,and a 1041 permit for
extension of water and sewer services. The application is subject to change from time to time.
Project Name: West End
File Nos.: PDSP-009297-2022, SMA-009294-2022,
SMB-009295-2022,ZC-009296-2022, ZC-009298-2022,
ZC-009403-2023, and ZC-009405-2023
Location: 34083 Highway 6,Edwards area, (Parcel ID: 2105-054-00-024)
Owners/Applicants: Edwards West End EW Investor,LLC
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Representative: Kevin Murphy
Staff Planner: Karl Barton,AICP, Contract Planner
Eagle County has received an application from Edwards West End EW Investor LLC,represented by Kevin
Murphy(the"Applicant"), for a Consolidated Sketch Plan for Planned Unit Development(PUD)and Preliminary
Plan for Planned Unit Development, and related applications,to allow for a multifamily residential development
consisting of 275 rental units on approximately 5.29 acres(the"Application"or the"West End PUD"). The
property is located in the Edwards area, on the north side of Highway 6,just west of the intersection with the
Edwards Access Road(the"Property"). See the vicinity map at right. Application submittal materials are included
as Attachment 1. The Property is currently vacant and zoned for the expired"2007 West End PUD."The property
generally slopes from south to north,where it borders the Eagle River Preserve. To the east is the Gashouse
restaurant. To the west is a property occupied by a contractor's storage yard. The proposed development consists of
a single building containing multifamily residential rental units, structured parking,and an amenity area. The site is
to feature an outdoor pool area and community gardens. Where the site is adjacent to the Eagle River Preserve
(ERP), a fence with an access gate will be installed to allow for controlled access between the Preserve and the
Property. A pedestrian path and related public,access easement will be installed along the west side of the Property
allowing the general public to access the ERP from US Highway 6 via a sidewalk to be installed as part of the PUD.
Vehicular access to the site will be off of US Highway 6 and through the Gashouse property via a proposed loop
road. Additional fire access is provided along the north side,between the building and the ERP. The building is
proposed to be four stories along US Highway 6 and five stories on the north side.
The housing plan meets and exceeds the Eagle County Affordable Housing Guidelines by designating 70%of the
units as deed-restricted with a perpetual deed restriction. The recommended minimum mitigation per the Eagle
County Affordable Housing Guidelines is 12.5%of units with a Price-Capped rental deed restriction or 50%of
units with a Resident Occupied rental deed restriction. The housing plan proposes that five percent(5%)of the total
units will be subject to a perpetual price capped rental deed restriction. These units will have rents capped at or
below rates that are affordable to Households with incomes no greater than 80%-100%area median income,or
AMI. Sixty-five percent(65%)of total units will be subject to a perpetual Resident Occupied rental deed
restriction. These units may be rented without any limitation of rental rate,provided that said designated units are
rented solely to Eligible Households as defined in the Eagle County Affordable Guidelines. The Subject Property is
located within the Edwards Center Character Area of the Edwards Area Community Plan(EACP). The EACP
generally supports greater density and housing within the core area including the Edwards Center Character Area
and therefore, Staff finds that this proposal is in substantial conformance with the EACP and the Eagle County
Comprehensive Plan. Staff's review finds that the Application meets all applicable review standards for a Zone
Change and Consolidated Sketch Plan and Preliminary Plan for PUD as outlined in Section VI of this staff report
below. Therefore, staff recommends approval of the Zone Change applications and approval with conditions of the
West End PUD.
The Property is currently to the expired 2007 West End PUD,which was rty subjectp extinguished by agreement on July
5, 2022 and Eagle County Resolution 2022-055,confirming the extinguishment of the expired West End
Preliminary Plan for PUD, 1041 permit, Subdivision and Off-Site Improvements Agreement and Final Plat for the
2007 West End PUD. When a Preliminary Plan is extinguished,the zoning must thereafter be amended to the zone
district classification that was in effect prior to the time that the Preliminary Plan for PUD was originally approved.
Therefore,three of the zone change applications(ZC-009296-2022,ZC-009298-2022,ZC-009403-2023)are
required to rezone from the expired 2007 West End PUD zoning to the zone districts in place for the properties
previously.
The Minor Type A(West End Property Final Plat) Subdivision(see Attachment 2)is required to address a former
illegal subdivision of the property by creating three legal lots to apply the previous zone districts, as follows:
ZC-009296-2022 -Lot A(also referred to as the Havener Property)-Reversion to RSL ZC-009298-2022 -Lot B
(also referred to as the Kemp Property)-Reversion to CG ZC-009403-2023 -Lot C (also referred to as the Eaton
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Ranch property)-Reversion to R The required findings for each of these zone changes is included within this staff
report and the BoCC is required to make a ruling on each application. It should be noted that the rezoning to these
• zone districts is an interim step and that the intent is for the zoning to the new West End PUD to take place
immediately after these rezoning. The fourth zone change application(ZC-009405-2023)is necessary to establish
the new West End PUD zone district. The purpose of the Minor Type B Subdivision is to legally create the lots
associated with the proposed West End PUD(loop road gain parcels A and C and the PUD Property as referred to
herein). These platting applications are included within the attached application materials. The Gashouse Amended
Final Plat is required to combine the Loop Road gain parcel,Lot 3 of the West End Minor B Subdivision,with the
existing Gashouse property and the Edwards Plaza Amended Final Plat is required to combine the Loop Road gain
parcel,Lot 2 of the West End Minor B Subdivision,with the Edwards Plaza property. These applications are
companion files and will be heard in conjunction with the PUD files,but were submitted by the respective property
owners of the Gashouse and Edwards Plaza property.
A Consolidated Sketch Plan for PUD and Preliminary Plan for PUD application is used when an applicant desires
to combine the Sketch Plan for PUD and Preliminary Plan for PUD processes. According to ECLUR 5-240.F.1.a,
"The purpose of sketch plan review is for the applicant,the County and the public to evaluate and discuss the basic
concepts for development of the proposed PUD,and to consider whether development of the property as a PUD
will result in a significant improvement over its development as a conventional subdivision."ECLUR 5-240.F.1.b
states, "The preliminary plan stage is when the applicant is to provide detailed information and mitigation proposals
to be evaluated by the County. The preliminary plan shall include a guide to the development of the PUD
(hereinafter, the "PUD Guide"), specifying the limitations that will guide the future development of the property."
A 1041 Permit application is also included with the Application. ECLUR 6.01.04(1)
Applicability designates the"Site selection and construction of major new water and sewage treatment systems and
major extension of existing domestic water and sewage treatment systems"as a Matter of State Interest. Per
ECLUR 6.01.09 Definitions,a"major extension of existing domestic water"and/or the"major extension of existing
domestic sewage treatment systems"includes "any extensions to serve a total development density of ten(10)or
more dwelling units or the equivalent thereof in other uses"or"any extension of existing water supply systems to
service an additional development density of ten(10)or more residential dwelling units(SFE)or the equivalent
thereof in other uses"respectively. Because this development proposes density greater than 10 residential dwelling
units, a 1041 Permit is required.A separate 1041 staff report is included(Attachment 3)for your review.
A pre-application meeting for the West End PUD was held on April 12,2022.A formal application was submitted
on September 13, 2022. The referral period occurred from February 1,2023 to February 22, 2023. Subsequent to
the first review/referral period and in response to comments,the Applicant resubmitted the Application in June of
2023. Subsequent to this resubmitted application the Applicant and staff met to discuss remaining comments and
resolve remaining review items, including building height and the required public benefit under the standards for
approval of a Zone District Amendment. It was determined that the Application was ready to move forward to
hearing. Referral comments are discussed in more detail in Section V.below. The Eagle County Planning
Commission(ECPC")heard the applications for the three reversion zone changes,the consolidated PUD,zone
change to PUD, and 1041 permit. Per the ECLUR,the ECPC does not provide a recommendation on Minor A and
Minor B applications. However,these applications were described to the ECPC to provide a complete
understanding of the proposal. The ECPC recommended approval of all applications by a vote of 6-1. Further
discussion of the ECPC hearing is included in Section VII.
Variations Requested as part of the PUD ECLUR 5-240.F.3.f allows that"The Board of County Commissioners
shall be authorized to grant variations from the standards of the underlying zone districts as part of its approval of
the Preliminary Plan for PUD. Each variation that is granted shall be shown in the PUD Guide and Preliminary
Plan."In the case of the West End PUD,the underlying zone districts are Residential Suburban Low Density(RSL),
Commercial General(CG) and Resource (R). In Page 5 of 51 in addition to the requirements of these zone districts,
the Applicant has identified other instances where variations from ECLUR standards will be required,including,
but not limited to variations to uses,parking standards, and level of service("LOS") .
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Variance from Road Improvement Standards File VIS-00945-2024 is a separate application that will be heard by the
BoCC in connection with this Application for a variance related to the"Loop Road". This request is for approval of
a variance from Eagle County Land Use Regulations(ECLUR)road classification standards as described in
ECLUR Section 4-620 and Table 4-620.J and is presented as a separate request rather than a variation request under
the PUD application because the"Loop Road"is not located entirely within the PUD boundary.Per the ECLUR,
the ECPC does not provide a recommendation on applications for a Variance from ImprovementSstandards("VIS")
application. A separate staff report was prepared for the VIS.
V. REFERRAL RESPONSES: Per ECLUR Section 5-210.D.4.c-Referral Distribution and d-Referral Time
Period, referral copies of this Application were sent to agencies for referral review on February 1,2023. The
following section lists the agencies that submitted an official referral response to Eagle County.Please see
Attachment 6 for the full text of all referral agency response letters and emails. 1. Eagle County Wildfire
Mitigation: Noted that the wildfire hazard rating for the property is low. 2. Northwest Colorado Council of
Governments: Noted that Edwards is potentially subject to future municipal separate storm sewer system permitting
and that stormwater impacts should be mitigated through(LEED)development standards and landscaping practices.
3. Eagle Valley Land Trust(EVLT): The EVLT holds a conservation easement on the Eagle River Preserve and
provides comments related to potential wildlife, vegetation,recreation and user,and scenic impacts. These
comments suggested using fencing and vegetation to buffer the development from the ERP, consolidating access,
and managing all stormwater within the West End site. The Application generally responds to and complies with
the EVLT comments.4. Edwards Metropolitan District: Expressed general support for residential development at
this location and requested that the Applicant consider transportation, affordability,environmental impacts, and
conformance with EACP. 5. Eagle County Housing Task Force: Expressed general support for the proposal and for
the requested reduction in parking. 6. Colorado Geological Survey: Note that the site contains only isolated areas of
steep slopes, is located outside of the Eagle River flood hazard zone, and does not contain,nor is exposed to any
identified geologic hazards that would preclude the proposed development. 7. Colorado Parks and Wildlife: Note
that while the site has a history of disturbance,the ERP is an important wildlife habitat and that the proposed
development will increase human impacts. The comments included a set of best management practices that have
generally been incorporated into the Application. 8. Eagle County School District: Stated a preference for
fee-in-lieu instead of land dedication. 9. Eagle River Water& Sanitation District: Provided a Conditional Capacity
to Serve letter and noted that an Ability to Serve Letter will be required to be obtained prior to the submittal of the
Final Plat. Also included were comments related to the specifics of water rights and a request that the development
consider water efficiencies. The Application has generally complied with these comments. 10. Colorado
Department of Public Health and Environment(CDPHE): Standard comments were received that did not address
any particularities of the present Application,but rather,provided resources to locate CDPHE's regulations
regarding Page 7 of 51 hazardous and solid waste,water quality,air quality,asbestos and lead based paints,health
equity,and environmental justice. 11.Northwest Colorado Council of Governments:Note a preference that the
development connect into existing or planned water and wastewater treatment systems.
Chairman Scherr mentioned that the hearing would begin with staff and the applicant's application on the
file. It was not likely that there would be time for public comment tonight, so the file would be continued to a future
date.
Karl Barton, Contract Planner with Eagle County,reviewed the project description. The development
proposal included 275 residential units, a parking structure, and amenities on the NW corner of Highway 6 and
Edwards Access Rd.,bordering the Eagle River Preserve. The total parcel was approximately 5.29 acres, and the
total PUD was about 4.859 acres. The proposed development consisted of a single building containing multifamily
residential rental units, structured parking, and an amenity area. He showed the site plan to provide some
orientation. The Loop Road would connect Edwards Access Road and US Hwy 6. Eleven related applications
were required, and he noted that all of them were neutrally required, and the West End PUD project relied on each
one to be approved. After the approval of the Minor A Subdivision and its accompanying downzone,the
consolidated application moves on to the Minor B Subdivision. The Minor B Subdivision is the vehicle that
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facilitates the creation of the West End parcel, Gain parcels,and the associated Loop Road, giving Gashouse,
Edwards Plaza, and West End improved access. The property was currently vacant and zoned for the expired 2007
West End PUD. The Planning Commission reviewed the applications and recommended approval 6-1. The project
went out to the referral agencies and he would cover those comments throughout his presentation. There were also
several variations requested.
Jim Telling,Managing Partner with East West Partners, stated that they had worked extensively with staff
and various departments for over two years. They believed this was the right type of housing in the right location,
as identified in the Edwards Community Plan. Seventy percent of the units would be deed-restricted. The project
was walkable and transit-oriented and would be a very sustainable project. Their goal was to be net zero. East
West Partners had been developing in the valley for almost 40 years and had a strong record for building many
good-quality projects. He spoke about the housing shortage and the need for housing in the places that made the
most sense. This location was centrally located, and the bus stop was right at the front door. They proposed a new
connection to the Eagle River Preserve and were collaborating with the Eagle Valley Land Trust and Eagle County
Open Space in a manner that they hoped would educate and preserve the natural resources. The mix of the units
included 275 units, 10%studios, 50%one bedrooms,and 38%two bedrooms. One hundred ninety-three units
would be deed-restricted. Five percent of the total number of units, approximately 14 units,would be
income-restricted on an AMI level. He expected that his housing would benefit people who worked in the valley.
They were trying to be climate conscious and be a net zero operating building. There would be no gas lines to the
site. They would be smart with the water use both inside and outside. The process began in April of 2022. They
engaged with many community organizations and provided a number of presentations with the Edwards Metro
District. This had been a collaborative effort. They had 42 letters of support. The project team included Colorado
First Construction,Kephart Architecture,Zehren Associates,HKS Engineering, and Scot Hunn with Hunn Planning
and Policy.
Scot Hunn,with Hunn Planning and Policy, stated that it was his pleasure and honor to work on this
project. The Edwards Area Community Plan was updated in 2017 with a lot of community support and input. The
plan provided specific direction with regard to Future Land Use Map designations. This project was within the
Edwards Center character area and within the commercial core. Per the Edwards Area Community Plan priorities,
the West End,Vogelman, and Eagle River Meadows properties were appropriate locations for mixed-use buildings
and maximized opportunity for new workforce housing units. Paved paths should connect development on the
property to the commercial core. The Eagle River Preserve fronts all three of these properties. He reviewed the
four principles within the design elements of the core area that were in line with the project's design.
Bobby Long,Principal and Design Director with Kephart Architects, spoke. His team worked solely on
multi-family housing units and was sensitive to understanding the goals. He spoke about efficient and functional
site layouts. The goal was to fit the building into the slope of the hill. The pedestrian focus was important, and the
goal was to create multi-mode connections, specifically pedestrian focus. All the access to the site from services,
residents,visitors,and deliveries would happen off the new Loop Road.
Chris McGranahan,with LSC Transportation Consultants, spoke about vehicle access. The Loop Road
solution would provide improved access to the West End,Edwards Plaza, and Gashouse. The traffic study was
reviewed by CDOT and Eagle County and was last updated in 2023 to be consistent with the currently proposed
use. The right-in and right-out tool for the access point provided full mobility for anyone coming from any direction
using only right-in or right-out turns at the access points. When CDOT developed and approved the Edwards
roundabout, it took the now extinguished West End Development into consideration, estimating a traffic generation
of about 5,600 daily trips. The current proposal,with 275 residential units,would generate approximately 2,000
daily trips on the east end of Loop Road. This resulted in less impact than what CDOT assumed when designing the
roundabout. CDOT was very positive in the review of their application and approved their access permits.
Mr. Long talked about transit options and their goal to design a project where it was easier to use all the
other modes of traffic rather than jumping in a car. He talked about the front door transit options, such as electric
bikes,the bus stop, and all stores within walking distance. There would be a new sidewalk along Highway 6 on the
property. This would also achieve the climate goals of the county. They hoped to provide an attractive design
using quality materials. The building finishes would be timeless and compatible with nature. The goal was to be a
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climate-conscious development designed to be energy efficient. The development would exceed the minimum
standards for sustainability.
Pedro Campos,with Zehren and Associates, reviewed the landscaping plan. He stated that 27%of the site
would be landscaped and 43%would be open space. The landscaping would be responsible and efficient, almost
eliminating using irrigated lawn or turf. They were proposing artificial turf around the pool area. The project
amenities included a health& fitness center,room for gear storage,pool and spa courtyard,passive courtyard, and
community garden&dog park. These were large outdoor spaces for community use. Designing spaces where
people could get together with their neighbors was important.
Kevin Murphy,with East West Partners, spoke about the 2007 West End PUD that expired and was
extinguished in July 2022. They were left with a nonconforming parcel and existing conditions at that time.
Mr. Hunn reviewed the West End Minor A and reversion to previous zoning and the standards associated
with it. This Minor A would create three legal parcels to allow the West End property to revert back to the different
zone districts and allow for development in conformance with the goal of the Comprehensive Plan. He indicated
that the Minor A was consistent with the Land Use Regulations, suitable for development,compatible with the
surroundings, and in conformance with the final plat requirements.
Mr. Murphy showed a map of the zone districts and reversions.
Mr. Hunn stated that the three zone districts that would be reverted to were Residential Low Density(RSL),
Commercial General(CG), and Resource(R),which would allow for development generally in conformance with
the Future Land Use map. ZC-009296-2022 -Lot A(also referred to as the Havener Property)-Reversion to RSL
ZC-009298-2022-Lot B (also referred to as the Kemp Property)-Reversion to CG ZC-009403-2023 -Lot C (also
referred to as the Eaton Ranch property)-Reversion to R.
Mr. Murphy explained that after the zone district had been applied to the three parcels,they would be
subdivided again into three different parcels. The first was the West End parcel, the basis for the West End PUD;
the second was the Edwards Plaza Gain Parcel, associated with the Edwards Plaza amended final plat; and the third
was the Gashouse Gain Parcel, associated with the Gashouse amended final plat. These gain parcels were
established in exchange agreements with the Gashouse property owners and Edwards Plaza property owners. The
Gain Parcels were required for the three-way land exchange to facilitate the creation and long-term maintenance of
the proposed Loop Road,which will serve multiple properties, including the West End PUD.
Mr. Hunn reviewed the Minor Type B Subdivision Standards. He stated that the property was owned by
Edwards West End EW Investor,LLC, under unified ownership. The Edwards Area Community Plan supported
the development of higher-density residential uses in this location and complied with the dimensional limitation
standards with variations to obtain desired design qualities,provide adequate separation and setbacks, and achieve
affordable housing goals. The development proposed 425 parking spaces for its residents and guests and a
designated loading area. The landscape plan would conserve water resources by utilizing native species,provide
buffering and screening from the Eagle River Preserve, and provide separation between structures to provide plant
material for wildlife protection. The PUD guide included a signage plan that conforms with signet regulations
outlined in the LURs. The application demonstrated that the water,wastewater service, fire protection,trash,
electrical, and roads would be adequately provided. They had letters from all utility and service providers. The
PUD complied with the improvement standards with variations to achieve greater efficiency in infrastructure
design. The PUD was designed to be compatible with and similar to the existing permissible uses on adjacent land
uses. The applicant believed the plan substantially conformed with the Eagle County Comprehensive Plan and the
2017 Edwards Area Community Plan and the Future Land Use map. The West End PUD dedicated 38%of the site
as open space, surpassing the minimum recommended 25% standard. A variation was requested for the dedication
of common recreation and open space land as the required dedication area was larger than the total West End
property. Various measures were taken to reduce the project's impacts on the Eagle River Preserve and wildlife. The
public benefits included an improved bus shelter,a public easement connecting the bus shelter to the Eagle River
Preserve, and a housing plan that exceeded affordable housing guidelines. The property was suitable for
development,contained only isolated areas of steep slopes,and was outside the Eagle River flood hazard zone. The
Eagle River and Sanitation District had provided a conditional letter to serve. He reviewed the Loop Road variance
to improvement standards. Because the Loop Road was not located entirely within the PUD boundary, a separate
application for a variance to the improvement standards was necessary. The variance centered on the establishment
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of a hardship and extraordinary circumstance of a property. Meeting the classification standard for an urban
residential collector was the heart of the matter. This would require significantly wider lanes, 15 ft.versus 10 ft.
wider right of ways, and wider setbacks. Constructing a road to those standards in this location would create a
hardship for the adjacent property owners and the West End development. Therefore,there would be an undue
hardship without issuing a variance to improvement standards. The variance to improvement standards would not
adversely impact the health, safety, and welfare of persons or lands. Mr. Hunn reviewed the 1041 permit standards
and indicated that all the standards had been met. The project would not significantly degrade any current or
foreseeable future sector of the local economy,create undue financial burden on existing or future county residents,
have an adverse effect on the capability of local governments, land use patterns, or be a significant risk from natural
hazards.
Mr. Murphy added that the entirety of the Loop Road would be an access easement granted to the Road
Association. There were a few typos in the housing plan that had been corrected. The application had been updated
to prohibit short-term rentals in any units. The Attorney's office made some suggestions regarding the language in
the PUD guide,which was updated to incorporate all of their suggested language. Since the variance to
improvement standards stands as its own application because of the property boundaries, the variation table had
been updated to clarify that the roadway standard request was solely applicable to the West End access drive and
not the Loop Road. He clarified that the West Ends PUD acreage was 4.859 acres,and the maximum impervious
area increased to 74%. There were 193 deed-restricted units; 14 would be rent-capped, exceeding Eagle County's
affordable guidelines by 72%. The market rate rents were unknown,but the deed-restricted units would be
affordable for folks who lived and worked inthe county. The traffic study was done in2023. The parking
requirements were about 1.1 per bedroom. If home mail delivery were ever an option,they would have space
available. The access point to the Preserve would be managed by the same rules and regulations that those access
points are held to regarding leashes, seasonal closures,and hours of operation. He commented that the setback from
Highway 6 was 50 ft.,not 25 ft. There were several variations in the application due to reverting to zoning that
existed in 2006.
Mr. Barton stated that he would not review each of the findings in detail,but he would spend more time on
some specific findings and other things related to the findings. Staff did find that the applications were consistent
with the relevant criteria in the Eagle County Land Use Regulations. Staff was recommending approval with
conditions. In summary, for the Minor Type A,this step was needed to accomplish other things and an intermediate
step in the process. He reviewed the reversions for the three parcels created by the Minor A; the zone districts were
consistent with the Comprehensive Plan and would allow for development compatible with the surrounding uses.
The lots created by the Minor Type B process would conform with the planning requirements. Through the process
staff and the applicant spent a significant amount of time talking about public benefit. Staff found that the
application was in conformance with the standard regarding public benefit. The benefits include the bus shelter,
path, and access easement from the Highway 6 sidewalk to the Eagle River Preserve,the partnership with the Open
Space and Natural Resources,the net zero building, and a housing plan that exceeded requirements. The Eagle
County Planning Commission looked at a condition requiring a level of detail regarding how and when the public
benefits would be delivered. Staff and the applicant worked together, and conditions were added to address the
time. The housing plan was a big aspect of the public benefit and exceeded the standards and housing guidelines.
Another step in the process was the PUD agreement,which would also address the timing of public benefits. He
stated that there was adequate infrastructure and a variance request for Level of Service(LOS). The request was for
a LOS not to be less than a LOS-D as it related to the Loop Road,and staff found that the request met the adequate
infrastructure standards for the development. There was a variance to facilitate the multi-family development within
the zone districts. There were a few variations related to the dimensional limitations. The applicant requested a 65
ft. height limit on the structure's north side. While there was a variation request for the height,the variation in
height did not have any subsequent variations related to the rear yard setback. The applicant did shift the building
configuration to ensure that there was no need for a setback variation. A variation had been requested for parking.
The parking provided totaled 425 spaces; ECLUR required 602,the difference being 177 spaces. The Eagle River
Water and Sanitation District could serve water and wastewater. He identified the relocation of the bus stop. The
compatibility with the Eagle River Preserve was in line with the direction of the Open Space group. The impact of
light required a limit on lighting on the north side of the building. He showed the landscape plan and suggested any
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questions be directed to the applicant. Staff found that the use and increased density were consistent with the
Edwards Community Plan. The design provided a pedestrian-oriented development. The PUD would provide a
minimum of the acres of common recreation and usable open space lands for everyone. There was a condition that
protected an eagle's nest, and the applicant would work with CPW to protect the nest. A set of conditions was listed
in the staff report. The applicant had satisfied conditions 3.
Ben Gerdes, Eagle County staff engineer,reviewed the standards for the variance from improvement
standards with regards to the Loop Road. They looked at other roads in the area and determined that there weren't
significant safety concerns on the roads with a similar use. A wider road would cause more disturbance and
increase runoff. The narrower road would allow for some traffic calming and discourage the cut-through traffic.
Staff believed the variance was justified. A couple of standard conditions were added.
Mr. Barton stated that a 1041 permit was required for the West End PUD and was in compliance with the
standards in Section 6.04.01. Staff believed the project was getting all the required permits,that it was compatible
and did not have a negative impact on the surrounding properties. It was consistent with the applicable land use,
and the project was financially feasible. He reviewed the details of the two amended final plats. The Loop Road
would be partially located on the West End PUD,the Gashous parcel, and the Edwards Plaza amended final plat.
The application was sent to 46 agencies on May 29,2024, for a 21-day referral period. Staff recommended
approval of the application with conditions.
Commissioner Chandler-Henry requested more detail on the housing plan and the calculations used to
calculate 70%. She also requested to hear from the housing staff about the rental units and how they would help
with the overall housing shortage. She also requested information on Loop Road and how the traffic counts were
calculated.
Commissioner McQueeney requested more information on the Open Space Management Plan and asked to
hear from the open space staff to ensure that all their concerns had been addressed. She asked to hear more about
CPW's concerns about wildlife. She asked about the details of the dog park expansion. She was sympathetic to the
community who was there on the site visit and their concerns about the height of the building. There was confusion
about the height and the visual impact. She also asked about the open space within the development.
Commissioner Chandler-Henry believed that hearing from the open space staff would be helpful. The
access point was also worth further discussion. She requested some clarification on the parking and asked if the
applicant had studies of other projects of similar sizes with reduced parking and how it worked. Lighting came up a
couple of times, so she requested more information on lighting. She asked about the fit within the commercial core
since it was a 100%rental project.
Commissioner McQueeney stated that many letters of support had been received from businesses,and she
wondered about the units' affordability and rent.
Commissioner Chandler-Henry asked to hear from the Eagle River and Sanitation District about water
supplies. She also requested visuals of the internal driveways and parking structure. Affordability was key.Adding
density,traffic congestion, and more people made her wonder if it was worth the tradeoff to achieve the
much-needed housing.
Chairman Scherr believed that affordability-was the public benefit and asked if it would be affordable
without knowing the rates upfront. He requested better visualizations with regard to the bus stop and pedestrian
traffic. He asked about the open space and weed management. CPW mentioned outdoor pets and understood that
outdoor cats were a problem for the bird population. Regarding net zero,he wondered how much would be offset
and what that would look like. He wondered if the property was part of the commercial core. He wondered about
the percentage of dedicated open space. He asked about the off-street parking and loading and wondered if there
was space for composting.
Commissioner Chandler-Henry asked about the environmental impact report and wished to look at it. She
wanted to hear from the applicant whether they'd pursued partnerships with other entities interested in affordable
housing to bring down the rents.
Commissioner McQueeney asked the applicant to address how the community character would be
preserved or enhanced.
8
06/27/2024
Commissioner McQueeney moved to continue File Nos.,PDSP 009297-2022,ZC 009296-2022,ZC
009298-2022,ZC 009403-2023, SMA 009294-2022, SMB 009295-2022,AFP 009327-2023,AFP 009412-2023,
ZIS 009445-2024,ZS 009405-2023, 1041 009300-2022 to a date certain of August 1, 2024.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
�p�
There being no further businessL0°
,the meeting was adjourned until July 2,2024.
Attes
le o the Board Chairman
9
06/27/2024